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HomeMy WebLinkAbout4302 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4302 RAYMOND EVERGREENS Forest Products - Sale of Minor Forestry LEG 12-1 09/10/2002 06/15/2010 See Fee Schedule for compensation Termtnatron a't- will AGREEMENT FOR THE SALE OF MINOR FOREST PRODUCTS THIS IS A CONTRACT for the sale of minor forest products made and entered into this /~9 T~t day of /gQ ~3~ ,2004, by and between the City of Bremerton, hereinafter "City" and Raymond Everg]~ens, hereinafter "Contractor," referred to collectively as "Parties." WHEREAS, the purpose of this contract is to provide harvest and sale of minor forest products from selected Bremerton Water Utility lands to Contractor. NOW THEREFORE, in consideration of the terms and conditions contained herein, and attached and incorporated and made a part hereof, the City and Contractor mutually agree that Contractor shall provide harvest and payment for minor forest products to the City as follows: 1. Scope. Contractor shall provide all performance of work for minor forest products harvest, marketing, and payment for harvested volume to the City, including all labor, materials, transportation, equipment, supplies, and services necessary for and reasonably incidental to the completion of all work as set out in the Scope of Work, which is attached as Exhibit A and incorporated herein by reference. The Scope of Work may be modified only pursuant to Section VII.D of this Agreement. If the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request of the City. II. Term. The term of this Agreement commences on January 1, 2004, and terminates at will of either party pursuant to Sections VII.E or IX of this Agreement. III. Payment. The Contractor agrees to pay the City according to the terms and at a time and in a manner provided for in the fee schedule attaches as Exhibit B and incorporated herein by reference. The payment schedule contained in Exhibit B may be periodically modified by mutual consent of the Parties based on market conditions. Contractor's harvest records and payment shall conform to the schedule contained in Exhibit B. The Contractor shall submit quarterly statements with payment describing volumes of minor forest products harvested during the quarter. Contractor shall limit its activities to those contained in the Scope of Work. Any out-of- scope activities shall be pre-approved by the City Forestry Manager. IV. Contractor represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent Contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other Contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or subcontractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and subcontractors during the performance of this Agreement. The City may, 1 of 6 during the term of this Agreement, engage other independent Contractors to perform the same or similar work. As an independent Contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. Contractor shall work under the direction of the City's Forestry Manager. V. Licenses & Taxes. Contractor shall possess a current Bremerton Business License and regulatory licenses required to fulfill Contractor's obligations under this Agreement. As an independent Contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, Contractor, by this Agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes. City may also withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. VI. Insurance and Hold Harmless. Prior to the commencement date of this Agreement, Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the coverage under a comprehensive general liability (CGL) policy providing coverage of at least $500,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. The CGL policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days written notice of any cancellation or change of coverage of the policy. Contractor shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim or lawsuit is judicially found to arise solely from the acts or failures to act of the City. VII. General Conditions. A. Restrictions. Entry Exceptions. No entry shall be allowed in the vicinity of water intakes, wellhead facilities, or the Bremerton Police Range unless authorized by the Forestry Manager. No entry shall be allowed during Industrial Fire Precaution Levels of II or higher. No entry shall be allowed during a High ("Orange") Threat Level as issued by the U.S. Department of Homeland Security. Contractor shall be responsible for checking the above levels. No entry shall be 2 of 6 allowed during inclement weather when travel on forest access roads has the potential for damage to roads or streams. Restrictions. Contractor is allowed entry for the above express purpose only and is allowed ingress and egress to specified work locations only by the most direct route. Harvesting and removal operations shall not cause damage to water courses, soils, roads, standing timber or reforested areas as determined by the Forestry Manager. No cedar products or merchantable sawlogs are to be cut or taken. Not smoking on Water Utility forest lands during the closed season as defined by State of Washington regulations. All other closed season regulations as defined by State of Washington regulations that pertain to this operation shall be observed. NO firearms are allowed in Contractor's possession or in Contractor's vehicle(s) while on Water Utility lands. B. Reports and Information: When requested by the City, Contractor 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. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. C. Entire Agreement: 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. D. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. E. Modification: This Agreement may only be modified by written instrument signed by both Parties. F. Written Notices: Notice shall be in writing and delivered to the following addresses: City Address Contractor Address Forestry Manager Scott Raymond Bremerton Public Works & Utilities Raymond Evergreens 3027 Olympus Drive 15264 Sidney Road SW Bremerton, WA 98310 Port Orchard, WA 98367 G. 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. H. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. 3 of 6 I. 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. J. Attorneys' Fees: hi 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. VIII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon ninety (90) days notice to the other Party. 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 five (5) days of the terminating Party's sending notice to the non-performing Party. Upon termination, the City shall be entitled to copies of all Contractor's records and data pertaining to performance under this Agreement. The City will pay Contractor for services rendered up until the date of termination upon receipt of invoices substantiating the extent of satisfactory services rendered. X. Successors and Assigns: The City and Contractor each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this Agreement. Neither party shall assign the Agreement in part or as a whole, without the written consent of the other. 1N WITNESS WHEREOF the parties hereto have executing this Agreement the date and year indicated. Date: .~- 10 .- c>,-/ Date: ~,B~rb~aherton City Attorney 4 of 6 EXHIBIT A SCOPE OF WORK FOR MINOR FOREST PRODUCTS HARVEST AND SALE Definition: For the purposes of this Agreement, minor forest products shall be defined as non-timber forest products, more specifically, salal and evergreen huckleberry. Harvest of other non-timber species shall be by mutual agreement of the Forestry Manager and Contractor and at a mutually agreeable price. Deliverables: For minor forest products harvest units within Water Utility forest lands selected by the Forestry Manager, Raymond Evergreens shall provide the following: 1. A valid minor forest products harvesting permit for areas of activity. Contractor shall maintain a copy in the field during harvest operations. The City shall assist in permitting process. 2. Locate and mark boundaries as necessary where boundary abuts private or other property owner. Ensure that all Contractor's employees are aware of boundaries and keep harvest activities within Water Utility property. The City shall assist in locating property lines. 3. In consultation with the Foresty Manager, determine appropriate level of harvest on individual units, e.g., on units scheduled for even-age log harvest, a high level of minor forest products harvest is appropriate. On most units, minor forest products harvest shall utilize practices that improve quality and quantities of residual vegetation. Where appropriate, harvesting shall be initiated on outer boundaries to discourage trespass and theft. 4. Direct supervision of harvest crew(s). Size of crew(s) and number of vehicles shall be by mutual agreement with the Forestry Manager and may vary depending upon location of harvest activities. The following general conditions apply: a. Sanitary practices shall be observed on all Water Utility lands. b. Department of Natural Resoumes closed season requirements shall be sthctly observed. c. Report unauthorized personnel according to established procedure. d. Contractor shall provide the Forestry Manager a current activity schedule for prior approval, which will include: work area, date/times, crew size, and communication contact procedure. e. All Contractor personnel and vehicles shall carry appropriate identification. 5. Provide harvest accountability records and payment disbursements including periodic and final accounting statements (more fully specified in Schedule B). 5 of 6 EXHIBIT B FEE SCHEDULE FOR MINOR FOREST PRODUCTS HARVEST AND SALE Payment: 1. City shall receive ten cents ($0.10) per hand of long salal and five cents ($0.05) per hand of salal tip and huckleberry. 2. The total volume of products harvested shall be reported and payment made per the above schedule to the City at the end of each quarter. Out of Scope Services Any out-of-scope work shall be pre-approved by the Forestry Manager. Prices for minor forest products other than those previously described shall be established by mutual agreement. 6 of 6 +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 10 Record(s) MAINTAIN Contract Transactions + + Contract Number 4302 + + + +Vendor Name RAYMOND EVERGREENS + +Subject FOREST PRODUCTS - SALE OF MINOR + +Department FORESTRY + +Status Code PUR + + Amount + + Begin Date 09/10/2002 + + Insurance End Date 12/31/2003 + + Type Amount Review Date 11/01/2003 + + GL $500000.00 + + AL $500000.00 + + + + Insurance Total $1000000.00 + + Insurance Review Date 10/01/2003 + + + + Comments SEE FEE SCHEDULE FOR COMPENSATION AL EXP 04/04 + + + + + AGREEMENT FOR THE SALE OF MINOR FOREST PRODUCTS THIS IS A CONTRACT for the sale of minor forest products made and entered into this ~ day o~ 2002, by and between the City of Bremerton, hereinafter called ty and Raymofad Evergreens, heretnafter called Contractor, referred to collectively as the "Parties." WHEREAS, the purpose of this contract is to provide harvest and sale of minor forest products from selected Bremerton Water Utility lands to the Contractor. NOW, THEREFORE, in consideration of the terms and conditions contained herein, and attached and incorporated and made a part hereof, the City and Contractor mutually agree that Contractor shall provide harvest and payment for minor forest products to the City of Bremerton as follows: l. Scope: The Contractor shall provide all performance of work for minor forest products harvest, marketing, and payment for harvested volume to the City, including all labor, materials, transportation, equipment, supphes, and services necessary for and reasonably incidental to the completion of all work as set out in the Scope of Work, which is attached as Exhibit A and incorporated herein by reference. The Scope of Work may be modified only pursuant to Section VII. D. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request of the City. II. Term: This Agreement commences on the date of execution of this Agreement and terminates on December 31, 2003 unless another date is substituted pursuant to Sections VII. D. or IX. III. Payment: The Contractor agrees to pay the City according to the terms and at a time and in a manner provided for in the fee schedule attached as Exhibit B and incorporated herein by reference. Contractor's harvest records and payment shall conform to the schedule contained in Exhibit _B_. The Contractor shall submit quarterly- statements with payment describing volumes of minor forest products harvested during the quarter. Contractor shall limit his activities to those contained in the Scope of Work. Any out-of- scope activities shall be pre-approved the City Forestry Manager. IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. Contractor shall work under the direction of the City's Forestry Manager. Bremerton/Scott Raymond V. Licenses & Taxes: Contractor shall possess a current Bremerton Business License and regulatory licenses required to fulfill Contractor's obligations under this contract. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, and City business licensing. If uny taxes or fees due the City have been declared delinquent, Contractor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes. The City may also withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. VI. Insurance and Hold Harmless: Prior to the commencement date of this Agreement, Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the coverage under a comprehensive general liability ("CGL") policy providing coverage of at least $500,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. The CGL policy shall remmn in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days written notice of any cancellation or change of coverage of the policy. Contractor shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performancc of this Agreement. Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. VII. General Conditions: A. Reports and Information: When requested by the City, Contractor 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. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: 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. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: Bremerton/Scott Raymond 2 City Address Contractor Address Forestry Manager Scott Raymond Bremerton Public Works & Utilities Raymond Evergreens 3027 Olympus Dtive 15264 Sidney Road SW Bmmerton, WA 98310 Port Orchard, WA 98367 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any tight or power arising out of this Agreement shall not be deemed waiver of any other tight or power. G. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. 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. I. Attorneys' Fees: The substantially prevailing Pa~y in any litigation ar/sing out of this Agreement shall be entitled to its reasonable attorneys' fees and court cogs. VIII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon ninety (90) days notice to the other Party. This Agreement may be mediately 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 five days of the terminating Party's sending notice to the non-performing Party. Upon termination, the City shall be entitled to copies of all Contractor's records and dam pertaining to performance under this contract. The City will pay Contractor for services rendered up until the date of termination upon receipt of invoices substantiating the extent of satisfactory services rendered. X. Suceessors and Assigns: The City and Contractor each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this contract. Neither party shall assign the contract in part or as a whole, without the written consent of the other. IN WlTNESS WHEREOF the parties hereto have executed this Contract the date and year indicated. RAYMOND EVERGREENS Scott Raymond CITY OF BREMERTON Cary Bozeman, Mayor Public Works & Utilities Approved as to form: Roger Lubovich City Attorney Received for Filing Kathleen McCluskey, City ~lerk EXHIBIT A Scope of Services for Minor Forest Products Harvest and Sale Definition: For the purposed of this agreement, minor forest products shall be defined as non-timber forest products, more specifically, salal and evergreen huckleberry. Harvest of other non-timber species shall be by mutual agreement of the Forestry Manager and Contractor and at a mutually agreeable price. Deliverables: For minor forest products harvest units within Water Utility forest lands selected by the Forestry Manager, Raymond Evergreens shall provide the following: l) A valid minor forest products harvesting permit for areas of activity. Contractor shall maintain a copy in the field during harvest operations. The City shall assist in permitting process. 2) Locate and mark boundaries as necessary where boundary abuts private or other property owner. Ensure that all Contractor's employees are aware of boundaries and keep harvest activities within Water Utility property. The City shall assist in locating property lines. 3) In consultation with Forestry Manager, determine appropriate level of harvest on individual units, e.g. on units scheduled for even-age log harvest, a high level of minor forest products harvest is appropriate. On most units, minor forest products harvest shall utilize practices that improve quality and quantities of residual vegetation. Where appropriate, harvesting shall be initiated on outer boundaries to discourage trespass and theft. 4) Direct suPerVasion of harvest erew(s). Size of erew(s) and number of vehicles shall be by mutual agreement with the Forestry Manager and may vary depending upon location of harvest activities. The following general conditions apply: Sanitary practices shall be observed on all Water Utility lands. · Department of Natural Resources closed season requirements sh~all be strictly observed. · Report unauthorized personnel according to established procedure. · Contractor shall provide the ForestW Manager a current activity schedule for prior approval which will include: work area, date/times, crew size, and communication contact procedure. · All Contractor personnel and vehicles shall can2/appropriate identification. 5) Provide harvest accountability records and payment disbursements including periodic and final accounting statements (more fully specified in Schedule B). EXHIBIT B Fee Schedule for Minor Forest Products Harvest and Sale Payment: 1) Ci~' shall receive ten cents ($0.10) per hand - of long salal and five cents ($0.05) per hand of salal tip and huckleberry. 2) The total volume of products harvested shall be reported and payment made per the above schedule to the City at the end of each quarter. Out of Scope Services Any out-of-scope work shall be pre-approved by the Forestry Manager. Prices for minor forest products other than those previously described, shall be established by mutual agreement.