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HomeMy WebLinkAbout3 - Legal Review Submission_ Golden Eagle Minor Forest Products Amendment Go - FINALAMENDMENT TO THE AGREEMENT FOR THE SALE OF MINOR FOREST PRODUCTS THIS AMENDMENT NO. 2 to the Sale of Minor Forest Products Agreement (“Agreement”) entered July 5, 2017, between the City of Bremerton and Golden Eagle Evergreens I. E. F. Corporation referred to collectively as the “Parties,” for the sale of salal and huckleberry ("minor forest products") from selected Bremerton Water Utility lands to the Contractor, the City grants permission to the Contractor to enter upon certain property owned by the City as shown on Exhibit "A" attached hereto and made a part hereof for the limited purpose of harvesting these minor forest products. WHEREAS, the prior Agreement expired June 30, 2020; and WHEREAS, the current extension of the original agreement expires June 30, 2021; and WHEREAS, the Agreement requires modification to be made by written instrument signed by both Parties; and WHEREAS, both parties desire to change current the term of the agreement, NOW THEREFORE, in consideration of the terms and conditions contained therein, and attached and incorporated and made a part thereof, the City and Contractor mutually agree that the Contractor shall provide harvest and payment for minor forest products to the City as follows: I. Scope. No Change. II. Term. The term of this agreement commences on July 1, 2021 and terminates on June 30, 2022, unless terminated earlier pursuant to Section X of this Agreement. This may be extended if the contractor requests in writing for this option at least 60 days in advance of the termination of this current agreement and if the City provides approval in writing. III. Payment. No Change. IV. Relationship of Parties: No Change. V. Licenses & Taxes. No Change. VI. Indemnification. No Change. VII. Insurance: The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, sub-consultants or sub-Contractors. DocuSign Envelope ID: A3C81351-0FC4-4E86-BEA3-B10333AE52FE Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. DocuSign Envelope ID: A3C81351-0FC4-4E86-BEA3-B10333AE52FE VIII. General Conditions: No Change. IX. Nondiscrimination: No Change. X. Termination: No Change. CITY OF BREMERTON CONSULTANT Bremerton Public Works & Utilities Golden Eagle Evergreens By: By: its: its: Date: ____________________ Date: ____________________ Approved as to form: Attest: ______________________ ________________________ Bremerton City Attorney Angela Hoover, City Clerk EXHIBIT A DocuSign Envelope ID: A3C81351-0FC4-4E86-BEA3-B10333AE52FE GM 6/25/20216/25/2021 Mayor EXHIBIT B SCOPE OF WORK DocuSign Envelope ID: A3C81351-0FC4-4E86-BEA3-B10333AE52FE 1. Permittee shall not disturb, hinder, interfere in or otherwise inhibit the operations of the City of Bremerton. The City of Bremerton reserves for itself the right to make any use of Property entered by Permittee. 2. Prior to entering upon the Property, Permittee shall obtain a Specialized Forest Products Harvesting Permit from the State of Washington and provide a copy to the City of Bremerton. Any person entering the Property shall be required to carry a copy of the Permit on his/her person at all times while on the Property. 3. Permittee shall not build any fire on the Property or on any other City of Bremerton property and shall report any fire or signs of fire seen while on any City of Bremerton property. Permittee shall use reasonable efforts to suppress any fire that is non-threatening. 4. General Rules and Regulations: (a) Harvesting and removing secondary forest products is allowed only during daylight hours. (b) City of Bremerton access permit must be displayed on the dash in all authorized vehicles. c) All gates must be kept locked upon entering and leaving Property. (d) Permittee agrees to report any illegal, unauthorized, or suspicious activities that they find on the Property to Forestry Manager or a City of Bremerton representative. (e) All vehicles must stay on existing roads and must be approved. (d) Access onto City of Bremerton Property is only allowed for the purpose of brush harvesting and no other activities. (e) Harvesters must wear bright orange hats or vests during hunting season. (f) Alcohol and Illicit Drugs are not allowed on city property. 6. Permittee shall obtain all governmental approvals, licenses, and permits required in connection with the Permitted Activities. 7. Alterations and Maintenance. Permittee shall maintain the Property in a clean and undamaged state and shall make no alterations to the Property without prior written approval of the City of Bremerton. 8. Title and risk of loss to the specialized forest products harvested hereunder shall pass when the products are severed from the Property. 9. Signs. Owner shall allow Permittee to erect reasonable signs prohibiting the harvesting by others on the Property and Permittee shall remove said signs upon the termination of this Agreement. Owner shall have the right to review location and size of signs prior to placement. 10. Property Condition and Clean up. Permittee shall be responsible for removal and clean-up of all garbage, debris, and other materials associated with Permittee’s use of the Property. At the time of termination or expiration of this Agreement, Permittee shall leave the Property in a neat and clean condition. 11. Owner or its assigns shall have the right to terminate this lease on 30 days notice and refund of lease fee. EXHIBIT C PAYMENT SCHEDULE DocuSign Envelope ID: A3C81351-0FC4-4E86-BEA3-B10333AE52FE 1. Agreed payment for salal and huckleberry brush, to be paid to the City of Bremerton is $25,000.00 /year. 2. Payment to be made to the City by July 1, 2021 and thereafter by each July 1st during the term of this Agreement. DocuSign Envelope ID: A3C81351-0FC4-4E86-BEA3-B10333AE52FE