HomeMy WebLinkAbout4909 Contract Number 4909
Vendor- LUSIGNAN FORESTRY
Subject. Timber Harvest Management & Marketing Services
Department Forestry
File Class LEG 12 -1
Begin Date. 4/27/2010
End Date 12/31/2014
Review Date: 9/1/2014
Vault Date
Comments. Extensions may be negotiated. Modification #1 dated
9/7/2010. Modification #2 dated 5/1/12.
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CONTRACT MODIFICATION AGREEMENT NO. 2
BETWEEN THE CITY OF BREMERTON AND
LUSIGNAN FORESTRY, INC.
PROJECT: Professional Services Agreement for Timber Harvest Management and
Marketing Services
DATE: 5 I la
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Professional Services Agreement (the "Contract") entered into between the City of Bremerton and
Lusignan Forestry, Inc on April 27, 2010 and Contract Modification No 1 on September 7, 2010
All provisions in the Contract shall remain in full force and effect except as expressly modified by
this document
For valuable consideration and by mutual consent of the parties, the modifications to the Contract
are as follows
I.
Section I. Scone , is modified as follows No change.
Section II. Term , is modified as follows
The Consultant shall complete the work described in this Contract Modification Agreement by
December 31, 2014.
Section III. Compensation , is modified as follows No change.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final settlement
of all of the Consultant's claims for contract time and for all costs of any kind, including
without limitation, costs of delays related to any work either covered or affected by this
Contract Modification, claims related to on -site or home office overhead, or lost profits. This
Contract Modification does not limit the City's right to bring a claim for past performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs and
other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification.
CONTRACT MODIFICATION NO 2 1
PSA for Timber Harvest Management & Marketing Services
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change, and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
Public Works Director: Approved to process KA G '2 - �)D 1
Initials and Date
LUSIGN ORESTRY, INC. THE CITY OF BREMERTON
gza" 2�� Z
By By Pa ent
Its P2 5 . Its Malvdr
DATE. 2- DATE .r—
APPROVED AS TO FORM: ATTEST:
3�-Ap
Br erton City Attorney City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Bill McKinney Jim Frost
Forestry/Natural Resources Manager President
Dept of Public Works & Utilities Lusignan Forestry, Inc
100 Oyster Bay Ave N P O Box 1007
Bremerton, WA 98312 Shelton, WA 98584
360 473 5354 360 426.1140
R \LEGAL \Contracts\FORMS \Contract Modification (2003) doc
CONTRACT MODIFICATION NO 2 2
PSA for Timber Harvest Management & Marketing Services
2 Assist in completing Forest Practices Applications (FPAs)
3 Obtain the highest practical loq prices from the best possible domestic log markets
4 Hire, coordinate, supervise and pay from timber proceeds, subcontractors in road
construction and betterment, harvesting, and hauling operations on specified
road segments and harvest units
5 Provide log accountability records and timber payment disbursements including
periodic and final accounting statements
6 If requested by the Forestry Manager, Consultant shall provide a summary of
previous year's harvest in a format acceptable to complete annual Harvest
Report required by the Dept of Natural Resources
FISCAL SUMMARY
The consultant's compensation for described services shall be taken from timber
proceeds according to the following schedule
Consultant shall receive five percent (5 %) of the delivered log price for timber harvested
as part of this Agreement No compensation will be paid to Consultant for pulp sort
prices under $ 26 00 /ton delivered price It is understood that the Consultant shall obtain
the highest practical log prices from the best possible domestic log markets (all City
timber is export restricted under WAC 240 -15, all pertinent State and Federal regulations
apply)
Based on timber revenue goals for 2012 of $500,000 and the estimated gross log
value of $832,000, the consultant's estimated compensation from log proceeds for
2012 would be approximately $41,000 . Contract years 2013 and 2014 are estimated
to have similar levels of compensation.
Timber Marketing PSA Mod No 2
Council Summary
March 2012
Contract Number: 4909
Vendor: LUSIGNAN FORESTRY
Subject: Timber Harvest Management & Marketing Services
Department: Forestry
File Class: LEG 12 -1
Begin Date: 4/27/2010
End Date: 5/1/2012
Review Date: 2/1/2012
Vault Date:
Comments: Extensions maybe negotiated. Modification #1 dated
9/7/2010
CONTRACT MODIFICATION NO. 1
BETWEEN THE CITY OF BREMERTON AND
LUSIGNAN FORESTRY, INC.
CONSUL T: Lusignan Forestry, Inc.
DATE
This Contract Modification specifically amends the Professional Services Agreement (the
"contract ") entered into between the City of Bremerton and Lusignan Forestry, Inc. on April 27,
2010.
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
I.
Section VI, Insurance, is modified as follows:
VI. Insurance: The Consultant 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 Consultant, its agents,
representatives, employees, sub - consultants or sub - Consultants.
Before beginning work on the project described in this Agreement, the Consultant 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 Liability 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
r • bili . �, li t l t 1, 000 , 000 li e „a
3. . cr- zax�urm 'icc�rr�r -- iivc - n,TS� i � o ^ .,.......,..... ,.....
aggregate
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which maybe 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 Consultant and -a copy, of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
CONTRACT MODIFICATION NO. 1 1
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 and/or endorsements.
The Consultant'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 Consultant'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.
H.
Consultant accepts all requirements of this Contract Modification by endorsing below.
This document will become a supplement of the contract and all provisions will apply
hereto. It is understood that this Contract Modification shall be effective when approved
by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition,
Consultant warrants that it has or will inform the surety of this change, and shall take
appropriate action to modify any bonds required under the contract to address this
change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
LUSIGNAN FORESTRY, INC. CITY OF BREMERTON
7
i
By r By Patt Elfit
Its Pfes? derrt Its milyw
DATE: $' 3D - 1c) DATE:
APPROVED AS TO FORM: ATTES
Bremerton City Attorney City Clerk
R: \Legal \Legal \Contracts\PUBLIC WORKS \Lusignan Forestry Contract Modl.doc
CONTRACT MODIFICATION NO. 1 2
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
4909
LUSIGNAN FORESTRY
Timber Harvest Management & Marketing Services
Forestry
LEG 12-1
04/27/2010
05/O1/2012
02/01/2012
Comments: Extensions may be negotiated
PROFESSIONAL SERVICES AGREEMENT
Timber Harvest Management and Marketing Services
The City of Bremerton ("City") and Lusignan Forestry, Inc., ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, 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. Consultant
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: This Agreement commences on the date of execution and terminates on Mav 1,
2012, unless terminated earlier per Section IX. City and the Consultant agree that work will
begin on the tasks described in Exhibit A upon execution of this Agreement and completed on a
mutually agreeable schedule. Extensions may be negotiated, per the terms and conditions of this
agreement, upon mutual agreement.
. o
IIL Compensation: In consideration of the services provided pursuant to this Agreement, the
Consultant shall be compensated according to the terms and conditions provided for in the fee
schedule attached as Exhibit B and incorporated herein by reference.
Consultant shall not perform work beyond the Scope of Services, nor shall be compensated for
such services, unless the Scope of Services or amount of compensation is modified pursuant to
this Agreement. Consultant 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 for out of scope services does not conform to this Agreement, the City may
withhold payment until the statement is brought into compliance. Such withholding does not
relieve Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant 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. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. 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-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
Bremerton/ March 16, 2010
Timber Harvest Management & Marketing Services
Page 1 of 9
As an independent Consultant, Consultant 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 Consultant or its personnel.
As an independent Consultant, Consultant 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 Consultant.
V. Indemnification: Consultant 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 Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL 1NSURANCE, 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.
VI. Insurance: The Consultant 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 Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant 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
Bremerton/ March 16, 2010
Timber Harvest Management & Marketing Services
Page 2 of 9
2. Commercial General Liability 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. Excess 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
Consultant.
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 Consultant 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 and/or endorsements.
The Consultant'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 Consultant'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 Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents• Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
Bremerton/ March 16, 2010
Timber Harvest Management & Marketing Services
Page 3 of 9
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Shelton, Washin ton. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant 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.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Shelton, Washin�, or on designated City property. 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.
E. 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.
F. Severabilitv: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. 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.
Bremerton/ March 16, 2010
Timber Harvest Management & Marketing Services
Page 4 of 9
Citv Address:
Forestry Manager
Bremerton Public Works & Utilities
100 Oyster Bay Ave. N
Bremerton, WA 98312
Consultant Address:
Jim Frost
Lusignan Forestry, Inc.
109 South 2 °d Street/PO Box 1007
Shelton, WA 98584
I. 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.
J. 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.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. 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.
M. 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.
N. Assi nment: Any assignment of this agreement by the without the written consent of
the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or 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
Consultant 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
Bremerton/ March 16, 2010
Timber Harvest Management & Marketing Services
Page 5 of 9
completion of the work, the City may summarily terminate this Agreement. Termination shall be
effective ten calendar days after Consultant's receipt of the written notice by certified mail.
A. Excusable Delavs: The right of Consultant to proceed shall not be terminated nor shall
Consultant 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 Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant 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 ng ts Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant 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
data within the Consultant'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 OF BREMERTON
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to form:
Attorney
R \LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003).doc
Bremerton/
Timber Harvest Management & Marketing Services
Page 6 of 9
CONSULTANT
Lusignan F�Inc.
By:
ItS: �/�`"SZD��V�
Date: Y�/G / �Wo
_� � �. ��� � �_/,/ l
March 16, 2010
EXHIBIT A
Scope of Services
Timber Harvest Management and Marketing Services
Deliverables:
For harvest units within Water Utility forest lands selected by the Forestry Manager, Consultant
shall provide the following:
1. In consultation with the Forestry Manager, determine appropriate logging system to
economically harvest timber on selected units. Said method shall take into account water
quality as well as other environmental concerns. Harvest type (even-age, uneven-age,
and/or combination) shall be determined by the Forestry Manager. Residual spacing,
leave tree, and harvest tree selection to be prescribed by the Forestry Manager in
consultation with the Consultant.
2. Assist in completing Forest Practices Applications (FPAs) in a form acceptable to the
Washington Department of Natural Resources, by a date mutually agreeable to the City
and Consultant.
3. Assist in completing any other requirement for harvest required by a regulatory agency
having jurisdiction.
4. Obtain the hi�hest practical log prices from the best nossible domestic log markets (all
City timber is export restricted under WAC 240-15; all pertinent State and Federal
regulations apply).
5. Hire, coordinate, supervise and pay subcontractors in road construction and betterment,
harvesting, and hauling operations on specified road segments and harvest units, per
above items and in conformance with current or revised forest practice regulations. The
following are required regarding timber harvesting operations:
• Ensure all subcontractors have Loggers Broad Form insurance coverage which
names the City as an additional insured and provide a certificate of insurance to
the City
• Comply with all FPA and other regulatory requirements
• Achieve spacing requirements and leave tree selection as directed by the
Forestry Manager
• Avoid damage to water bodies and soils; minimize damage to all leave trees
• Harvest areas requiring reforestation shall be left in a condition conducive to
reforestation
• Slash shall either be machine piled and fire breaks constructed and/or evenly
scattered throughout the harvest unit, as directed by the Forestry
Manager
• Required access roads shall be constructed to the standard prescribed by forest
practice rules and approved by the Forestry Manager
Bremerton/Lusignan Forestry, Inc. March 26, 2010
Timber Harvest Management & Marketing Services
Page 1 of 3
EXHIBIT A
Scope of Services
Timber Harvest Management and Marketing Services
(continued)
Roads, yarding corridors and skid trails shall be left in a condition to prevent
erosion as prescribed by the Forestry Manager
6. Provide log accountability records and timber payment disbursements including
periodic and final accounting statements (more fully specified in Schedule B).
7. In addition, if requested by the Forestry Manager, Consultant shall provide a summary of
previous year's harvest in a format acceptable to complete annual Harvest Report
required by the Dept. of Natural Resources. Summary, if required shall be available on,
or about February 1 S ` of the proceeding year following harvest.
Bremerton/Lusignan Forestry, Inc. March 26, 2010
Timber Harvest Management & Marketing Services
Page 2 of 3
EXHIBIT �
Fee Schedule for Tember Harvest 1Vlanagement and Marketing Services
NOTE: The City of Bremerton does not warrant or guarantee any specific level of harvest
or income with this agreement. Harvest levels, if any are entirely the decision of the City of
Bremerton. The City of Bremerton also reserves the right to use alternate means of
marketing timber, independent of this agreement.
Timber Harvesting and 1Vlarketing:
Consultant shall receive five percent ,5%� of the delivered log price for timber harvested
as part of this Agreement. No compensation will be paid to Consultant for pulp sort
prices under $26.00/ton delivered price. It is understood that the Consultant shall obtain
the hi�hest practical log�prices from the best �ossible domestic log markets (all City
timber is export restricted under WAC 240-15; all pertinent State and Federal regulations
apply).
2. Net proceeds from timber harvested shall be paid promptly to the City. The following
shall be allowable deductions from log proceeds:
• Consultant fee described in 1) above
• Authorized logging and haul costs
• Authorized road building and betterment expenses
• Authorized reforestation expenses
• Forest Excise t�es
• Other authorized harvest operation costs
3. Consultant shall provide the City with periodic summaries in a format approved by the
Forestry Manager, showing market, species, grade, volume delivered, price/unit, total
mill payments, disbursements to City, consultant, subcontractors, as well as other
expenses described above or required by the Forestry Manager
Out of Scope Services:
Any out-of-scope services approved by the Forestry Manager shall be paid for on a time and
materials basis according to the following schedule:
Miscellaneous Forestry Services (Principle)
" " " (Technician)
Mileage
$85.00 /hour
$70.00/hour
Standard Rate/mile
Consultant shall submit a statement describing the services rendered with a breakdown for hours
and rate as authorized under this Agreement. The City, upon receipt of the completed statement,
shall promptly process claim for payment.
BremertonlLusignan Forestry, Inc.
Timber Harvest Management & Marketing Services
Page 3 of 3
March 26, 2010
ACR� ; - DATE(MMIDbnYYY) -
4 CERTIFICATE OF LIABILITY INSURANCE; 1 �3�2o13,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS,NO RIGHTS UPON THE CERTIFICATE HOLDER THIS,
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND;OR ALTER THE COVERAGE;AFFORDED BY.THE POLICIES':; ,
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT;BETWEEN THE ISSUING INSURERS) AUTHORIZED.
REPRESENTATIVE OR PR,.ODUCER,AND THE CERTIFICATE HOLDER.
. � subject to::
IMPORTANT If the certificate holder Is an ADDRIONAL INSURED,the policy les)must be endorsed :If SUBROGATION IS WAIVED,s
the terms!and conditions of the policy,celtaln policies may require an endorsement. A statementon this certificate does'not confer rights to the
certificate holder In Ueu of such endorsements)
PRODUCER ' �� °Joanne Hurley
WCLA Insurance Agency �! NE Eich (360)352 5033 s2 IAIC Not (360)352.1689
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P O Box ;2168 `.jo logger
ADDR�E
8r1I19@ 8 aa�
1NSURER(S)AFFORDING COVERAGE `NAIC D ''
Olympia ;_ WA' .98507. 2168 INsURERA.Grariite State Insurance•Co 23809
IN8URED
23841
Dave Bekkenar Logging 6' Trucking, Inc. INSURER c
273054 Highway 101 East INSURER D
• .:;:INSURER E.
Sequim _ WA;:> 98382 . I. NSURERF!. .
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COVERAGES CERTIFICATE NUMBER CL1311302794 REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF,INSURANCE LISTED BELOW HAVE BEEN D T
ISSUEO THE-INSURED!NAMED;:ABOVE FOR THE'POLICY PERIOD:.'
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM'OR CONDITION.O.F ANY CONTRACT OR'OTHER DOCUMENT WITH RESPECT,TO WHICH THIS,;
..;.:CERTIFICATE MAY BE;ISSUED R OMAY;PERTAIN,;THE.INSURANCE AFFORDED BY THE POLICIES DESCRIBED;;HEREIN IS SUBJECT.TO:°ALL THE=TERMS,
• EXCLUSIONS AND CONDITIONS OF;SUCH POLICIES LIMITS SHOWN MAY HAVE_BEEN REDUCED BY-PAID CLAIMS ..:
INBR AVUL SUER POLICY EFF POLICY EXP
LTR: TYPEOFINSURANCE INBR WVD POL{CYNUMBER IMMIDDrYYYYI IMMIDDIYYYY1 OMITS
GENERAL LIABILITY EACH OCCURRENCE.;. . S _. 1,:0004-D GO .I
DAMAGE TO RENTED:' 10,00.0
X COMMERCIILL GENERAL LIABILRY j PREIMISES fEa oawrtenoel S
A CLAIMS-MADE. 'X' OCCUR X' 02 LX 0228499193 11%1/2013 11/1/2014 MED ( onepereon) $ 5,00:0
.;T,gB.pD PER
1:,000,.000
- 2;:000,00
OVAL 8 ADV INJURY S
ERAL AGGREGATE S:- O
GEML AGGREGATE LIMB APPLIES PER, 5- Z4:00040.0.0
PRODUCTS' COMPX)PAGO
ii POLICY I 11 P [1 LOC S.
AUTOMOBILE LU1B1LnY' I MBINE SINGLE 8j; 1 OOO,OOO t
X ANY AUTO RY(Per Pte) S
A — 0013WED SACOEDDULED X 02 CA-..066143324 11/1/2013 11/1/2014 . BODILY INJURY(Per.eccidant) S:
'ANON-OWNED
::HIRED AUTOS) _ tJT08
PP�O��D
Hired Llebildy ..
1.
X UMBRELLA UAB OCCUR; EACH OCCURRENCE S 1,000,000
8.
FXCESSIJAB.' CLAIMS-MADE AGGREGATE 8
DED RETENTION'S 0.1 17D 001109110 11/1/2013 11/1/2014
WORKERS COMPENSATION
AND EMPLOYERS LIABILnY Y I N
ANY PROPRIETORIPARTNERIEXECUTIVE�
E L EACH ACCIDENT:: S'
OFFICERIMEMBER EXCLUDED? ; NIA 11/1/2013 11/1/2014
(Mandatory In NH) 02 LX 022 8 4 9 9193 EL DISEASE EA EMPLOYEE S.
if " deaorme'undet
yyeese
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DESCRIPTION OFOPERATIONS below L DISEASE POLICY LIMB S.
DESCRIPTION OF OPERATIONS I LOCATIONS I,VEHICLES(Attach ACORD 101,Addt0enel Remarks Schedule it more apace M required)
Certificate holder is named as:Additional„Insured with respects to the` operationsof the named insured ': ..
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CERTIFICATE HOLDER CANCELLATION. .-.._
bill mCklnney@ cl bremerton SHOULD ANY:OF THE ABOVE DESCRIBED POLICIES BE CANCELLED,BEFORE
• TH
- E,:EXPIRATION DATE THEREOF, NOTICE WILL :BE DELNERED IN
}
A
CCORDANCE':WITH THE POLICY PROVISIONS.
City o£; Bremerton''.
100 Oyster Bay Avenue North;:. AUTNOR2EDREPRESENTATIVE
Bremerton, WA 98312
Bea Salons/BEA ---
ACORD 23(2010/05)
`' ®'1988 2010 ACORD CORPORATION All rights reserved
is
INS026i201005)0t The.ACORD.:name.and logo are registered marks ofACORD