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HomeMy WebLinkAbout6035 PUBLICRK AGREEMENT WO S G EEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Northwest Tree Service, Inc. ("Contractor"), who's mailing address is 919 Prospect Street, Port Orchard, WA 98366. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Provide all labor and equipment to take down, remove wood, clean up and grind the stump of the identified hazardous tree located in Evergreen Rotary Park per the estimate dated 9/4/2019 included herein as Attachment A. 2. TIME OF COMPLETION. Contractor shall complete the work within 60 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $3,850.00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND PUBLIC WORKS AGREEMENT-Page 1 of 7 (between City of Bremerton and Northwest Tree Service,Inc.) IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to sub-contractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right PUBLIC WORKS AGREEMENT-Page 2 of 7 (between City of Bremerton and Northwest Tree Service,Inc.) to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however,the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). PUBLIC WORKS AGREEMENT-Page 3 of 7 (between City of Bremerton and Northwest Tree Service,Inc.) E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, 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 injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's 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 Contractor and the City, its 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 THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS PUBLIC WORKS AGREEMENT-Page 4 of 7 (between City of Bremerton and Northwest Tree Service,Inc.) INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or sub-contractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad from property damage; explosion, collapse and underground(XCU) if applicable; and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's 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 and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. PUBLIC WORKS AGREEMENT-Page 5 of 7 (between City of Bremerton and Northwest Tree Service,Inc.) 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. 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. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. PUBLIC WORKS AGREEMENT-Page 6 of 7 (between City of Bremerton and Northwest Tree Service,Inc.) J. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. i CO RACTO THE ITY •F BREMERTON Print Name: R b 1.1 J.fl_ Print i. e: Jeff Elevado Title: r�S Title: Parks and Recreation Director DATE f t7/1 i /i DATE 10/l( I261 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Northwest Tree Service, Inc. Steve Mutek, Park Operations Mngr. 919 Prospect Street 680 Lebo Blvd. Port Orchard, WA 98366 Bremerton, WA 98310 (360) 895-1745 (360) 981-1691 (360) 473-5882 (facsimile) APPROVED AS TO FORM: "-v"‘. £ Roger A. Lubovich Bremerton City Attorney ATTEST: Ange Woods City Clerk PUBLIC WORKS AGREEMENT-Page 7 of 7 (between City of Bremerton and Northwest Tree Service,Inc.) Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (October 4, 2018), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. 012:rfk T .e...t"" U toe_ Bidder' 'ness Name Signature of Authorized Official* ES iv Rid€x Printed Name Title ► Y)11014/1 , Date City State Check One: Sole Proprietorship ❑ Partnership 0 Joint Venture 0 Corporations State, of Incorporation, or if not a corporation, State where business entity was formed: W If a co-partnership, give firm name under which business is transacted: *If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. Attachment A .iiii, NORTHWEST TREE SERVICE .,.. ,,,,:,.:-‘,_. Check our portfolio online @ nwtreeseruice.com itAs .: \ Port Orchard Belfair Gig Harbor licenced aI,uured•2 Mdlum 360-895-1745 360-275-2998 253-851-2195 Since 1982 ]� Client Name: 3 re_ ME,ME, r+DNI 7111{.1� K5 Date: /6/1///q Address: Home Phone: Cell:3&0 33/ - / l / Work: e- V-&-.1)2 /?fit=Hi -F,-i-2< 6-i"eve- Atu i- -1c. Description of Service #nf , Trees Tree Type Location Trim Top rake Clean Down Up item Cost -/—C.. -f----f.631,1 )04,4_ E:),„/ -.?,,,,ti< in< Y / 50c'e 6.6 _ !_ f^C 1..tv l — r 4SO I , i 1 , 4 -,'.3z .----. We will not sacrifice our work quality,retnrtatirm or safety standards just to be the cheapest bid. Sales lax 54,6-0 Special Instructions: _ Total 4/96,,S u 44f -t b 1:51-- G v--o--'_►-)' --t. 14,,.1- 14-1>a-te. —1.-{e...e- 'gest/le JAL- T,k..i ,vie-vtt '{'b-._.b i'le - -ske.2 vv1L '04 C_._ i Li-e-vi^T Le-ic pt-w ki Act l l'> AE `( lZ � WOOD REMOVAL NOT L\GLIDED.EXTRA CHARGES MAY APPLY.No Payment Due Until Completion of job as per Proposal. TCL DUE UPON COMPLETION OF JOB unless prior arrangements have been authorised. Job Estimated by: Rel,A Client Approval: Date: (signature authorizes work) Price may be subject to change if not accepted within 30 days. Please remit payment to: visale 91`1 Prospect 'Be sure to read conditions on hack side' Port Orchard, WA 98.366 Northwest Tree Service has always operated under the premise that each job that we perform will be done to the best of our ability.Not just client satisfaction,but client appreciation is what we are after. Every time a job is completed and a client is smiling,we know that we have accomplished our goal.For every happy client, there is usually a referral sometime down the road, and that is how NWTS has grown over the years."We may have equals out there,but nobody will do a better job than we will." Tree work is a skilled profession that takes many years to master.Many people do not appreciate the complexities involved until they have observed the operations. Not only does it involve precision, timing,strength,and skill,it is necessary to perform all of these functions under extremely dangerous conditions,in all kinds of weather,without losing focus of your ultimate objective-a happy client. "We would like to add you to our list of happy clients, so please give us a call!" We have been in business since 1982 and have a long list of delighted clients for references. CONDITIONS: Northwest Tree Service will use the utmost caution and care in the performance of our work,however we will not be responsible for plants,shrubbery,lawn dents,underground utilities,or septic systems in the work area. We prefer to be able to get equipment as close to work site as possible, therefore if we are given permission to drive into a yard we can not assume any liability for damages. All Trees to be cut are to be designated&marked by property owner.If work is to be done in absence of property owner, Northwest Tree Service is not responsible for any errors . We will attempt to complete job as specified in work order. Tree Ownership: Client warrants that all trees listed are located on clients property, or that client has obtained permission from the owner to allow NWTS to perform scheduled work. Should any tree be mistakenly identified,client agrees to indemnify and hold harmless NWTS for any costs or damages. If NWTS is stopped or delayed for any reason outside of our control, while work is being performed, client will be billed at the rate of$300/hr. If rescheduling becomes necessary, additional costs may occur. If we are authorized to do the work and mobilize to job site, there will be a minimum $300 charge for work stoppage, rescheduling,or cancellation.Please give us the courtesy of a phone call in advance if you no longer require our services,or need to reschedule for any reason. Your signature authorizes the work to be completed and agree with the stated conditions. NORTTRE-01 JENNIFERD ARL CERTIFICATE OF LIABILITY INSURANCE DATE(MAA9/19/22019019YY) �✓ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER.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 INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER CONTACT NAME: Fournier Insurance Solutions PHONE FAX 5712 Orchard St.W. (Arc,No,Ext):(253)851-3323 (,vc,No):(253)858-2230 University Place,WA 98467 ADDRESS:requests@fourniersolutions.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Mutual of Enumclaw Insurance Company 14761 INSURED INSURER B: Northwest Tree Service,Inc. • INSURER C: - .4( 34_t-}^p M O b I Q 919 Prospect ✓ INSURER D: I I EA/( 1141.. O VI�.lJ� Port Orchard,WA 98366 INSURER E: J U• j j •I _J Sk D ) INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ POLICY jCT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT V 1,000,000 (Ea accident) ANY AUTO CPP0006487 7/1/2019 7/1/2020 BODILY INJURY(Per person) $ OWNED X SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X AUTOS ONLY (Peri OacEcident) DAMAGE UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Operations of the Named Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th St#100 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE r I / . 1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE CERTIFICATE OF LIABILITY INSURANCE 10/08/2019Yv> 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER AMERICAN FAMILY BROKERAGE INC CONTACT NAME: 6000 AMERICAN PARKWAY PHONE FAX MADISON,WI 53783 (A/C,No.Ext): (A/C,No.): E-MAIL ADDRESS: PHONE NO. (800)692-6326 i INSURER(S)AFFORDING COVERAGE NAIC# INSURED NORTHWEST TREE SERVICE INC INSURER A: RED SHIELD INSURANCE COMPANY 41580 919 PROSPECT ST INSURER B: PORT ORCHARD,WA 98366-5201 `^, INSURER C: tb• 11 • 1 9 Stop INSURER D: V INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE 1,000,000 A X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES 100,000 (Ea occurrence) CLAIMS-MADE OCCUR X CNT 019573 8/09/2019 8/09/2020 MED EXP(Any one person) 5,000 • PERSONAL&ADV INJURY 1,000,000 GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG Inc]in Gen Agg POLICY n PROJECT ri LOC AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) 'ANY AUTO BODILY INJURY(Per person) —OWNED —SCHEDULED AUTOS ONLY AUTOS - BODILY INJURY(Per accident) —HIRED NON-OWNED PROPERTY DAMAGEPer accident AUTOS ONLY AUTOS ONLY ( ) UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED I I RETENTION WORKERS COMPENSATION WC STATUTORY OTHER AND EMPLOYERS'LIABILITY Y/N LIMITS ANY PROPRIETOR PARTNER/EXECUTIVE ❑ N/A E.L. EACH ACCIDENT OFFICER MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT A STOP GAP CNT 019573 8/09/2019 8/09/2020 AGGREGATE /2,000,000 EA EMPLOYEE 1,000,000 EA ACCIDENT 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ALL OPERATIONS USUAL TO THE NAMED INSURED AS PER POLICY TERMS AND CONDITIONS TREE SERVICES The Certificate Holder is included as an additional insured pursuant to ISO form GL 1097(04/15)a copy of which is attached hereto for informational purposes. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, CITY OF BREMERTON NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE 345 6TH ST STE 100 v POLICY PROVISIONS. BREMERTON,WA 98337 AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD This page intentionally left blank POLICY NUMBER: CNT 019573 COMMERCIAL GENERAL LIABILITY GL 10 97 04 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY NON-CONTRIBUTORY WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): CITY OF BREMERTON 345 6TH ST STE 100 BREMERTON,WA 98337 Location/Project: All locations where the insured performs ongoing business operations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only with insurance afforded to such additional insured respect to "bodily injury", "property damage", and will not be broader than that which you are "personal and advertising injury" occurring required by the contract or agreement to provide subsequent to this endorsement being added to for such additional insured. your policy, while performing your ongoing C. If other insurance is available to the additional operations at the person's or organization's insured scheduled above, we will share with all that premises, and caused only by your negligence in other insurance as described in D. below. the performance of those operations. The person's or organization's status as an additional insured D. Method of sharing: If all the other insurance ends when your personnel are no longer present at available to the additional insured permits the premises of the person or organization. contribution by equal shares, we will follow this B. This insurance is pririx ry and non; ntributory with method also. Under the equal shares approach, respect to any poval insured shown in the each insurer contributes equal amounts until it has schedule who you have agreed in an applicable paid its applicable limit of insurance, or none of the written contract or written agreement to provide loss remains, whichever comes first. If any of the other insurance available to the additional insured primary and non-contributory insurance. Prjmary does not permit contribution by equal shares, we and non-contributory means we will waive any will contribute by limits. Under this method, each rights we may have to seek contribution or insurer's share is based on the ratio of its applicable subrogation from that additional insured. limit of insurance to the total applicable limits of However: insurance of all insurers. 1. Any insurance afforded to such additional E. With respect to the insurance afforded to the insured by this endorsement only applies to the additional insureds shown in the schedule, the extent permitted by law; and following additional exclusions apply: GL 10 97 04 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 This insurance does not apply to, and the person(s) 3. Coverage afforded to the additional insured is no or organization(s) shown in the Schedule are not greater than that provided to you and is subject insureds for: to all policy terms, conditions, and exclusions to 1. "Bodily injury", "property damage" or "personal the same extent they are applicable to you. and advertising injury" arising out of the 4. The following duties are added to the Duties in rendering of, or the failure to render, any Event of Occurrence, Offense, Claims or Suit professional architectural, engineering or Condition of this policy: Additional insureds surveying services, including: under this endorsement shall tender any claim a. The preparing, approving, or failing to or"suit" to all available insurance and shall give prepare or approve, maps, shop drawings, written notice to us of any "occurrence" which opinions, reports, surveys, field orders, may result in a claim or "suit" under this change orders or drawings and insurance. specifications; and F. With respect to the insurance afforded to the b. Supervisory, inspection, architectural or additional insured shown in the Schedule, the engineering activities. following is added to Section III — Limits Of Insurance: This exclusion applies even if the claims against any The most we will pay on behalf of the additional insured allege negligence or other wrongdoing in the insured is the amount of insurance: supervision, hiring, employment, training or monitoring of others by that insured, if the 1. Required by the written contract or agreement "occurrence" which caused the "bodily injury" or you have entered into with the Additional "property damage", or the offense which caused the Insured; or "personal and advertising injury", involved the rendering of or the failure to render any professional 2. Available under the applicable Limits of architectural, engineering or surveying services. Insurance shown in the Declarations; whichever is less. 2. "Bodily injury", "property damage" or "personal This endorsement shall not increase the applicable and advertising injury" occurring after: Limits of Insurance shown in the Declarations. a. All work, including materials, parts or equipment furnished in connection with such work, or the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. GL 10 97 04 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 2 9/20/2019 NORTHWEST TREE SERVICE INC Home I:sp€n,. Search L&I A-Z Index Help \Iv L&1 Safety&Health Claims&Insurance Workplace Rights Trades&Licensing Washington State Department of " Labor & Industries NORTHWEST TREE SERVICE INC Owner or tradesperson 919 PROSPECT Principals PORT ORCHARD,WA 98366 RIDER,RONALD J,PRESIDENT 360-895-1745 KITSAP County RIDER,CATHY ORLAINE,SECRETARY Doing business as NORTHWEST TREE SERVICE INC WA UBI No. Business type 601 512 005 Corporation Certifications & Endorsements License Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 538,225-01 Doing business as NORTHWEST TREE SERVICE INC Estimated workers reported Quarter 2 of Year 2019"1 to 3 Workers" L&I account contact TO/GARY HONC(360)902-4823-Email:HONC235@Ini.wa.gov Public Works Requirements Workplace safety and health S Washington State Dept.of Labor&Industries.Use of this site is subject to the laws of the state of Washington. Help us improve https://secure.lni.wa.gov/verify/Detail.aspx?UBI=601512005&LIC=NORTHTS923LJ&SAW= 1/1 NOTICE OF NON -RENEWAL WASHINGTON INSURANCE RED SHIELD INSURANCE COMPANY® COMPANY: 1411 SW Morrison St, Ste 400, Portland, OR 97205 1(503)226-4146 /Toll Free 1(800)527-7397 INSURED NORTHWEST TREE SERVICE INC NAME & g19 PROSPECT ST ADDRESS: PORT ORCHARD, WA 98366-5201 TYPE OF POLICY: COMMERCIAL POLICY NUMBER: CNT 019573 PLACE OF MAILING: PORTLAND, OREGON DATE OF MAILING: 6/22/2020 TO ALL INSUREDS, LOSS PAYEES AND INTERESTS NAMED IN THIS POLICY: YOU ARE HEREBY NOTIFIED THAT THIS POLICY WILL EXPIRE AT 12:01 am EFFECTIVE: 8/09/2020 SPECIFIC INFORMATION CONCERNING THIS NOTICE HAS BEEN GIVEN TO THE INSURED Agent#: 0365 Phone: (800)692-6326 AMERICAN FAMILY BROKERAGE INC 6000 AMERICAN PARKWAY MADISON, WI 53783 RFcF�� �® JUN 2 4 2020 R s�k MaBae � anon 9 merit Authorized Representative Additional Insured: CITY OF BREMERTON 345 6TH ST STE 100 BREMERTON, WA 98337 UN0146(11/02) ADDITIONAL INTEREST COPY NOTICE OF NON -RENEWAL WASHINGTON INSURANCE RED SHIELD INSURANCE COMPANY® COMPANY: g755 SW Barnes Road, Ste 390, Portland, OR 97225 1(503)226-4146 /Toll Free 1(800)527-7397 INSURED NORTHWEST TREE SERVICE INC NAME & 7619 76TH AVE NW ADDRESS: GIG HARBOR, WA 98335 TYPE OF POLICY: COMMERCIAL POLICY NUMBER: CNT 019573 PLACE OF MAILING: PORTLAND, OREGON DATE OF MAILING: 6/1212023 TO ALL INSUREDS, LOSS PAYEES AND INTERESTS NAMED IN THIS POLICY: YOU ARE HEREBY NOTIFIED THAT THIS POLICY WILL EXPIRE AT 12:01 am EFFECTIVE: 8/09/2023 SPECIFIC INFORMATION CONCERNING THIS NOTICE HAS BEEN GIVEN TO THE INSURED Agent#: 0365 Phone: (800)692-6326 AMERICAN FAMILY BROKERAGE INC 6000 AMERICAN PARKWAY MADISON, WI 53783 DECEIVED JUN 1 � 2(l^3 City of Bremerton Risk Management Authorized Representative Additional Insured: CITY OF BREMERTON 345 6TH ST STE 100 BREMERTON, WA 98337 UN0146(11/02) ADDITIONAL INTEREST COPY