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HomeMy WebLinkAbout5327Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 5327 IEF CORPORATION dba GOLDEN EAGLE EVERGREENS Evergreen Bough Harvest on Water Utility Lands Forestry LEG 12-1 10/31/2013 12/31/2013 2013 CLOSED c�rY a� BREMERTUN PUBUC WO1�CS 8 UTIUTIES Forestry/Natura/ Resounces D/vlsJon October 31, 2013 Mr Benjamm Valdes I E F. Corporation, dba Golden Eagle Evergreens P O Box 1906 Shelton, WA 98584 re►: (seo� a��6a �oo oys�er eay ave. N�r,erton, wa sa�� Emalh blll.mckin .bremertan.wa.us Re: Everereen Bough Harvest on Water Utility Lands Dear Mr Valdes By this letter agreement, permission is given to eMer Water Utility lands (hereinafter Properly) for the purpose of evergreen bough harvest at locations selected by the Forestry Manager and mariced on the attached map. By s�gning this agreement, you (hereinafter Permittee), agree to the following conditions for removal of evergr�een boughs 2. 3 4. 5. 6 7 Term/Hours of Operation. This agreement commences upon signature, and terminates December 31. 2013 unless terminated earlier by the City for any reason Entry to the Property is limited to davli�ht hours. Company name shall be displayed on the dash of all authonzed veh�cles. Permits. Pnor to eMenng upon the Property, Permittee shall obtam a Specialized Forest Products Harvesting Permd from the State of Washington and provide a copy to the City Any person errtenng the Property shall be reqwred to carry a copy of the Permit on his/her person at all times while on the Property. Harvest Conditions. Boughs shall be removed from conifer trees in a manner that will not unduly impact future growth and value. Techrnques standard to the industry shall be employed. Special procedures as determined by the Forestry Manager shall be employed d so des�gnated Payment Payment for evergreen boughs shall be $0.05/oound payable to the City of Bremerton and receivable within two weeks af�er removal Number of Persons. Entry shall be limited to the Permittee and up to � additional persons. Permittee shall provide in writing the names and addresses of additionai persons. Entry Excep�ions. No entry shall be allowed within the Union River Surtace Supply area, wellhead faGl�ties, or the Bremerton Police Range unless authorized by the Forestry Manager No entry sh�ll be allowed during industriai Fire Precaution Levels (IFPL) of 11 or higher. Permittee is responsible for checking IFPL status No entry shali be allowed during inclement weather when travel on forest acc�ss roads has the poterrtial for damage to roads or water courses Restrictions. Permiftee is allowed entry for the above express purpose only and is allowed ingress and egress to specfied work locations only by the most direct route. Harvest and removal operations shall not cause damage to water courses, soils, roads, standing timber or reforested areas as determined by the Forestry Manager Gates shall be kept closed and locked. No smolung during the closed season as defined by State of Washington negulations and no open fires on the Property at any time. All other closed season regulations as defined by Evergreen Bough Harvest Agreement 10t31/2013 • Pa9e z Ocbober 31, 2073 the State o# Washington that pertain to this operaaon shall be observed. No firearms aUow�ed in the Pennittee's possession or in Permittee's vehide(s) while on Wa�ter UtiUty lands. 6. Maintenance. Permittee shall maintain the pmperty in a dean and undamaged state and shall make no alterations to the Prop�rty. 9. Insurance. Prior to the commencement date of this agreerroent, Permittee shall provide Certific�tes of Insuranoe to the City veriFy�ng the cover�e under a comprehensive generel liabilityr (°CGL°) policy providing coverage aF at te�t $500.000 per oocumenoe and including bodily injury and property damaga. The CGL shall name the Cityr as an add'r�ionai insur+�i. The CGL policy shall remain in fuii forc� and �ffed� and provide cover�e for the full term af this agreement tnsuror shall provide the City with 30 days w�itten notice of any c�noeliation or chan8e of coverage aF the policy. 10. Sales TaxlR�seil�rs Permtt Washington State Sales tax must be coUected on harvest sales unless Perm'mee has a vafid cun�er� Reseller Permit issued through the Washington State Department of Revenue, a copy of whic� is to be provided to tl� City. 11. Bremerton Buslness License. Permittee shatl contad Bremerton's tax and ticense oflice at 360.473.5311 re�arding a City o�F Bremerton business license. 12. Hold Hanrd�ss. Permitt� shatl be solely responsible for the ads and failures to ad aF i� personnel, which arise in any way out of performanoe of this agreement. Permittee agrees to defend, indemnifj►, and hold harmless the City and its offici�is and emptoyees from and against all liability� loss, damages, and expensee� incl�ing c�sts and attomey's fees, resul�ng from actions, claims� and laweuits arising or alleged to have ansen� in whote or in part, out of or in consequence of the ec�s or failures to ect of Permittee, its employees, its suboontrectors, its agerrtss, or its assigns in the performance of this agreemeM. The City and Permittee have spec�fically negatiated Penni�ee's waiver of its immunity under Title 51 RCW, which is t�reby wa'nred for purpos� of the Permittee's indemnification and hold harmiess af the City, inc[uding duty to defend. This provision shall be inap�icable to the extent such ac�ion, claim, or lawsuit is judlcialiy found to arise sotely from the acts or failures af the City. Permittee• �-�------ Dated: 1`� --.��/ - �. 3 Permittee Corrtact irrformaation: 253.312.1580 Please sign and date where indicated above and retum to the above address, my attention. A copy and location map will be retumed to you. Your s�nature signifies a�gre.ement with the c�onditions contained within this document. The Certificate of Insurance can also be sent to my attention. CoMact me at 3fi0.473.5354 or 360.981.3103 if you have any q�stions. Sincerely, C�� + " t . 8i11 AAcKinney Forestry AAanager C: City Clerk Water Resourc�s AAanager BPD Patrol File c � r ��� a ` �