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C&V REFORESTATION
2011 Reforestation
Forestry
LEG 12-1
2/22/2011
3/31/2011
4/1/2011
Comments :
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PROFESSIONAL SERVICES AGREEMENT
2011 Reforestation
The Crty of Bremerton ("City") and C&V Reforestation, ("Contractor"), referred to
collectively as the "Parties," enter mto the followmg Agreement for professional services
I. Scope: The Contractor agrees to perform the services more specifically descnbed m the
Scope of Work, dated January 10, 2011, mcludmg any attachments thereto, attached hereto as
E�ubrt A, wluch is mcorporated by reference herein The Scope of Work may be modified only
pursuant to Section VII G of tlus 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 ttus Agreement w111 be
performed m accordance wrth generally accepted professional practices m effect at the tune such
services aze performed
II. Term: The Crty and the Contractor agree that work will begin on the tasks descnbed in
E�ubrt A upon execution of tlus Agreement based on seedlmg availability and a mutually
agreeable schedule The parties agree that the work descnbed in E�ubrt A is to be completed by
Mazch 31, 2011, provided however, that additional tune shall be granted by the Crty for
excusable delays or extra work as provided for m section IX (A) of this agreement
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
Crty shall pay Contractor $190.00 per thousand acceptablv planted seedGngs. The estunated
total number of seedlings to plant is 23,800, estunated contract value is $4522 00 Contractor's
charges and bills shall conform to the fee schedule atta.ched hereto as Exlubit B and mcorporated
herem by tlus reference
The Contractor shall submit regular billmg statements detailmg work performed and
amount charged on each task or portion thereof. The descnptions shall conform to and fa11
wrtlun the categones set out m the Scope of Work and/or Fee Schedule Upon receipt of a
conformmg billing statement, the Crty shall promptly process payment PROVIDED,
HOWEVER, the City reserves the nght to priontize scoped work and accelerate and/or delay
work tasks under the tune frame set forth in Sechon II herein T'he Contractor's labor rates and
bilhng fees shall be as delmeated m Exhibrt 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 compensahon is modified pursuant to tlus
Agreement Contractor shall only be compensated for addrtional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance wrth
Exlubrt B
If a billmg statement does not conform to tlus Agreement, the Crty may withhold
payment until the sta.tement is brought mto compliance Such wrthholding does not relieve
Contractor of its obligations under this Agreement.
Bremerton/
2011 Reforestation
Page 1 of 6
IV. Itelationship of Parties: Contractor represents that rt is slcilled in the matters addressed
m the Scope of Work and is perfornung mdependent functions and responsibilities withui rts
field of expertise Contractor and rts personnel are independent Contractors and not employees
of the Crty 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 Crty to its
employees, mcluding, but not lunrted to, compensation, insurance, and unemployment msurance
are available from the Crty to the employees, agents, representatives, or sub-Contractors of the
Contractor Contractor will be solely and entuely responsible for rts acts and for the acts of
Contractor's agents, employees, representahves and sub-Contractors duruig the performance of
tlus Agreement. The Crty may, durmg the term of tlus Agreement, engage other independent
Contractors to perform the same or similar work
As an mdependent Contractor, Contractor is responsible for rts own management The
Crty's admirustration and enforcement of this Agreement sha11 not be deemed an exercise of
managenal control over Contractor or rts personnel.
As an independent Contractor, Contractor is responsible for payment of all taaces and
licensmg fees necessary to perform rts obligations under tlus Agreement These taxes and fees
mclude but are not limrted to State mdustnal insurance, Busmess & Occupation, State
professional licensmg, and City business licensing If any taxes or fees due the City have been
declared delinquent, the Crty may wrthhold the delmquent amount, plus any additional charges
ansmg from the delinquency, from any payments due Contractor
V. Indemnification: Contractor shall defend, indemrufy and hold the Crty, rts officers,
officials, employees, agents and volunteers harmless from any and all cla.ims, m�unes, damages,
losses or swts, mcluding a11 legal costs and attorney fees, arismg out of or m connection with the
performance of this Agreement, except for that portion of the in�unes and damages caused by the
City's sole negligence.
The Crty's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of mdemrufication.
Should a court of competent �unsdiction deternune that tlus Agreement is subject to
RCW 4.24.115, then, m the event of liabilrty for damages ansmg out of bodily in�ury to persons
or damages to property caused by or resultmg from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Contractor's habihty
hereunder shall be only to the extent of the Contractor's negligence
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
1NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL 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 tlus section shall survive the expuation or ternunation of this Agreement
Bremerton/
2011 Reforesta.hon
Page2of6
VI. Insurance: The Contractor shall procure and mauitam for the dura.hon of the Agreement,
insurance agauist cla,�ms for m�unes to persons or damage to property wluch may anse from or m
connection wrth the performance of the work hereunder by the Contractor, its agents,
representatives, employees, sub-consultants or sub-Contractors
Before begimm�g work on the pro�ect descnbed m tlus Agreement, the Contractor sha11
provide a Certificate of Insurance evidencing
1. Automobile Liabilitv uisurance with lirruts no less than $1,000,000 combmed single
limrt per accident for bodily in�ury and property damage, and
2. Commercial General Liabilitv insurance wntten on an occurrence basis wrth lmuts no
less than $1,000,000 combined smgle lunrt per occurrence and general aggregate for
personal m�ury, bodily in�ury and property damage Coverage sha11 mclude but not be
lu�uted to blanket contractual, products/completed operahons/broad form property
damage, explosion, collapse and underground (XCL� if applicable; and employer's
habihty, and
3. Excess Liabilitv msurance vv�th lumts not less than 1,000,000 limrt per occurrence and
aggregate
Any payment of deductible or self msured retention shall be the sole responsibilrty of the
Contractor
All required policies shall be provided on an"occurrence" basis except professional
habihty uzsurance (if reqwred), wluch may be provided on a"clauns-made" basis
The Crty shall be named as an addrtional msured on the Commercial General Liabilrty
insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an
endorsement that is acceptable to the Crty, wluch names the City as an additional msured shall be
attached to the Certificate of Insurance The City reserves the nght to receive a certified copy of
all the required insurance policies and endorsements The City further reserves the nght to re�ect
any unacceptable policies and/or endorsements
The Contractor's Commercial General Liabilrty insurance shall contain a clause stahng
that coverage sha11 apply separately to each insured aga.inst whom claun is made or siut is
brought, except wrth respects to the hmits of the insurer's habilrty
The Contractor's msurance shall be pnmary msurance as respects the Crty and the Crty
shall be given thirty (30) days pnor wntten notice by certified mail, return receipt requested, of
any cancellahon, suspension or matenal change in coverage
T'he Crty also reserves rts unqualified nght to reqiure at any tune and for any reason,
proof of coverage m the form of a duplicate of the insurance policy wrth all endorsements as
evidence of coverage
Bremerton/
2011 Reforestation
Page 3 of 6
VII. General Conditions:
A Contractor shall have current registration wrth the State of Waslungton for fartn labor
and shall supplv proof of re�istration
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 m the
performance of the work hereunder and shall utilize all protection necessary for that purpose
All work sha11 be done at Contractor's own nsk, and Contractor shall be responsible for any loss
of or damage to matenals, tools, or other articles used or held for use in connection vv�th the
work
C Place of Work The Contractor shall perform the work authorized under tlus
Agreement on Crty-owned lands m Bremerton, Washuigton. Any meetmgs with the Crty staff as
descnbed m E�ubrt A, Scope of Work, shall take place at the City's offices, or at locations
mutually agreed upon by the parties
D Ent�re Agreement This Agreement and its Exlubrts constrtutes the enhre agreement
between the Parties, and the Parties acknowledge that there are no other agreements, wntten or
oral, that have not been set forth in the text of tlus Agreement
E Severabilrtv Should any part of tlus 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 wntten mstrument signed by
both Parties
G Wntten Notices All commwucations regardmg tlus 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 m this Agreement
or such other address as may be hereafter specified m wntmg
Citv Address
Forestry/Natural Resources Manager
Bremerton Dept. of Public Works & Utilities
100 Oyster Bay Ave N
Bremerton, WA 98312
Contractor Address
Custodio Sanchez, President
C&V Reforestation, Inc
P O Box 1482
Chehalis, WA 98532
H Waiver Fa.ilure to enforce any provision of tlus Agreement shall not be deemed a
waiver of that provision Wa,�ver of any nght or power ansmg out of tlus Agreement shall not be
deemed waiver of any other nght or power
I Non-Waiver of Breach T'he failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herem conferred m
Bremerton/
2011 Reforestation
Page 4 of 6
one or more instances shall not be construed to be a waiver or relinquishment of sa.id covenants,
agreements or options, and the same sha11 be and remain m full force and effect
J Compliance wrth Laws Contractor shall comply with all applicable Federal, State, and
locallaws m perfornung rts obligations under this Agreement
K Choice of Law and Venue Tlus Agreement shall be interpreted accordmg to the laws
of the Sta.te of Waslungton Any Judicial action to resolve disputes ansmg out of this Agreement
sha11 be brought in Krtsap County Supenor Court. ,
L Attornevs' Fees• In the event of lrtigation to enforce any of the terms or provisions
herein, each party shall pay all rts own costs and attorney's fees
M Assi nn� Any assignment of this agreement by the Contractor wrthout the wntten
consent of the Crty shall be void
VIII. Nondiscrimination: Contractor shall not discnmmate m employment or services to the
public on the basis of race, color, national ongin, sex, religion, age, marital status, disabilrty, or
sexual onentation except for employment achons based on bona fide occupahonal qualification
IX. Termfnation: This Agreement shall remain m force unhl completion and acceptance of
the services, terminated by wntten instrument upon mutual consent, or by the Crty of Bremerton
for converuence This Agreement may be unmediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminatmg Party, and the non-
performmg Party does not commence correction of the faslure of performance wrthin tlurty (30)
days of the terminating Party's sendmg nohce to the non-perfornung Party. Any Not�ce by
Contractor sha11 mclude a report showuig the status of a11 items listed in the Scope of Work
current through the ternunation date.
If the City receives reunbursement by any federal, state, or other source for work descnbed m
Section I herem, and that funding is wrthdrawn, reduced or limrted m any way, or the pro�ect is
cancelled or substantially reduced after the execution date of this Agreement and pnor to the
completion of the work, the City may summarily terminate this Agreement
A Excusable Delavs. The nght of Contractor to proceed shall not be terminated nor shall
Contractor be chazged wrth liquidated damages for any delays in the completion of the work due
to 1) any acts of the federal government in controlling, restncting, or requisitioiung matenals,
equipment, tools, or labor by reason of waz, national defense, or other national emergency, 2)
any acts of the Crty, its consultants, or other public agencies causmg 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 wrthout the fault or negligence of the Contractor, mcludmg, but not
resh�cted to, acts of God, fires, floods, stnkes, or weather of unusual seventy PROVIDED,
HOWEVER, that the Contractor must promptly notify the City within ten (10) calendar days m
wnting of the cause of the delay If, on the basis of the facts and the terms of tlus Agreement,
the delay is properly excusable, the City shall, in writing, extend the tune for completing the
work for a penod of time commensurate wrth the period of excusable delay.
Bremerton/
2011 Reforestation
Page 5 of 6
B Ri ts Upon Termmation In the event of termination, the City shall pay for all services
performed by the Contractor to the effective date of termmation, as descnbed on a final invoice
submitted to the Criy After termmation, the City may take possession of all records and data.
withm the Contractor's possession pertairung to tlus pro�ect wluch may be used by the City
wrthout restnction Any such use not related to the pro�ect which Consultant was contracted to
perform shall be wrthout liabilrty or legal exposure to the Consultant
CITY OF BREMERTON
._---
B �.
Vmcent O Akhimie
rts Pubhc Works & Utilrties Director
Date d 2��� / / J
Approv form
erton rty Attorney
R U.EGAL\Contracts�FORMS1Profess►onal Services Agreement Form (2003) doc
CONTRACTOR
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Bremerton/
2011 Reforestation
Page 1 of 1
EXHIBIT A
SCOPE OF WORK — January 10, 2011
2011 REFORESTATION CONTRACT
SCOPE OF WORK:
NOTE: Seedlings to be suppGed by the City of Bremerton
1. Contractor shall acceptably plant approximately 23,800 seedlings (22,150 Plug+l
Douglas F�r and 1650 Plug+l Western Red Cedar) on approxunately 68 acres of
Bremerton Water Utility forest land Specifics for individual planting units are
conta.ined in the attached "Reforestahon Urut Descnption" and maps, wluch are
made a part of the Scope of Work by this reference.
2. Contractor shall plant by hand methods, uhlizing approved plantmg shovels
common to the industry
3. Contractor sha11 use acceptable methods of plantmg based on these factors
selechon of plantable spot, proper spacing, cleanng of plantmg spot, correct
diggmg of planting hole, tree placement, and back-filling/firnung of soil The
precedmg sha11 be accomplished accordmg to best management practices
common to the mdustry and/or as specified m the attached "Reforestation Umt
Descnption"
4. Contractor shall, from the tune of seedlmg delivery, exercise proper care of
seedlings, mcludmg, but not limrted to, protechon from drying, heating,
smothenng, freezing, drowiung, or mechamcal in�ury
5. Contractor shall, pnor to commencement of planhng operations, arrange to meet
wrth Forestry staff to discuss the scope of work and ma.ke arrangements for access
and sanitary facilities
Contract comphance, to determine acceptable planting, sha11 be performed by City
Representative usmg 1/50�' acre c�rcular plots. At each plot, Crty Representative will
examine for and record his/her fmdings usmg cntena described in 3) above and/or m the
"Reforestation Unit Descnphon" To be acceptable, plantmg quality sha11 be at least 92%
of the total trees planted in the uxut, and wrthin 5% (+/-) of the quantity specified in the
"Reforestation Urut Descnption". A muumum of two (2) well distnbuted plots per five
(5) acres planted will be taken
Seedlmgs shall be made available by the City at the mdividual plantmg units, or at
another mutually agreeable area on City lands
2/21/2011
EXHIBIT B
FEE/RATE SCHEDUI,E
2011 REFORESTATION CONTRACT
PAYMENT SHALL BE BASED ON THE FOLLOWING:
1. T'he quoted rate per thousand planted seedlmgs which is $190.00/thousand. An
estimated 23,800 seedlings (22,150 Plug+l Douglas F�r and 1650 Plug+l
Western Red Cedaz) are to be planted on approximately 68 acres of Bremerton
Water Utilrty forest land Tota1 trees planted shall be based on actual tree count
for acceptably planted seedlmgs on the aggregate of uruts as descnbed m Ezhibit
A.
2. For sunilar addihonal work that the City may request, and upon mutual agreement
of the parties, an hourly rate of $30.00/hour/worker, is established.
REFURESTATION UNIT DESCRIPTION
UNI'Y' NAME: Open Range II
FPA #: 2413565 YEAR LOGGED: 2010 NET ACRES: 5
LEGAL: Part SE SE Section 36 Township 24 North Range 1 West. W M �
CONTRACT PERIOD: Februar,� March 2011
STOCK TO BE PLANTED: rv...,,...� _ � ..� —._ __.� � ___^.,T.� _ .._.�.�_��...��_.. �._. �.�_�__�. �__._. _ ___
Species DF
Size/Age Plu -� 1 -- -
Approg. Quantity 1750
Total Trees/Acre 350
SPACING: 11'xl l'
Total 1750
ELEVATION: 250 ASPECT: North SLOPES: 0– 20%
SLASH CONDTTIONS: li�ht – moderate
SPECIAL REQiTIREMENTS: Approved shovel
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REFORESTATION UNIT DESCRIPTION
UNTT NAME: Low Div�de
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L�GAL: Part SE NE Section 25, Township 24 North 1 West, W M
CONT'i2ACT PERIOD: February — March 2011
STOCK TO BE PLANTED:
Species DF
Size/Age Plu�+ 1
Approz. Quantity 11�200
Total Trees/Acre 350
Totai 11.200
SPACING: 11'xl l'
ELEVATION: 1000 ASPECT: South SLOPES: 15 — 50%
SLASH CONDITIONS: light — moderate
SPECIAL REQITIREMENTS: A �roved shovel
RENdARKS: Ma Reference 2
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REFORESTATION UNIT DESCRIPTION
UNIT NAM�: Lower 3000 Clambake Umt 1
FPA #: 2414055 YEAR LOGGED: 2010 NET ACRES: 6
LEGAL: Part NW SW Sect�on 36 Township 24 North, Ran�e 1 West, W M
CONTRACT PERIOD: February — March 20l 1
STOCK TO BE PLANTED:
Species DF
Size/Age Plu�+l
Approx. Quantity 2100 Total: 2100
Total Trees/Acre 350
� SPACING• 11'xl 1'
ELEVATION: 300 ASPECT: South SLOPES: 5— 25%
SLASH CONDITIONS: light — moderate
SPECIAL REQUIREMENTS: Approved shovel
REMARKS: Map Reference 3
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REFORESTATION UNIT DESCRIPTION
U1VIT NAME: Jarstad Creek Replant
FPA #: 2412182 YEAR LOGGED: 2007 NET ACRES: 5
LEGAL: Part NW SW Sect�on 36, Township 24 North, Range 1 West. W M
CONTRACT PERIOD: February — March 2011
STOCK '�O BE PLAN'I`�D:
Species DF RC
Size/Age Pl_ug±l
Approz. Quantity 1500
Total Trees/Acre 350
Plu�±l
250
Total• 1750
SPACING: 11'xl 1'
ELEVATION: 300 ASPECT: South SLOPES: Q— 25%
SLASH CONDITIONS: light — moderate
SPECIAL REQUIREMENTS: Approved shovel. RC m wetter areas
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creek
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REFURESTATION UNIT DESCRIP'CION
UNTI' NAIVdE: Bear Bottom Stnp Replant
FPA #: 2412969 - YEAR LOGGED: 2008 NET ACRES: 20
LEGAL: Part SW SW Sec 27�part W1/2 W1/2 NW Sec 34, T24 N. R1W. W M
CON'TRACT PE�iIOD: February — March 2011
STOCK TO BE PLANTED:
Species DF
Size/Age Plu�+l
Approg. Quantity 5600
,
Total `�rees/Acre 350
RC
Plu�+l
1400
Total: 7000
SPACING: 11'xl 1'
ELEVATION: 600 ASP�CT: SE SLOPES: 0— 35%
SLASH CONDITIONS: li.ght — moderate
SPECIAL REQUIREMENTS: Approved shovel, RC m wetter areas
REMARKS: Map Reference 5, renlant entue umt
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