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HomeMy WebLinkAbout5698AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Agreement with Golden Eagle Study Session Date: June 28, 2017 Evergreens for the Removal and Sale of COUNCIL MEETING Date: July 5, 2017 Minor Forest Products Department: PW&U/Forestry Presenter: Pat Coxon Phone: (360) 473-5448 SUMMARY: The current agreement with Golden Eagle Evergreens for the removal and sale of Minor Forest Products expires in June 2017, and a new agreement needs to be in place. The Forestry Division has negotiated directly with Golden Eagle Evergreens for the removal and sale of Minor Forest Products, as they have proven to be the most careful and skilled at what they do. Because the watershed is a unique and sensitive property, it is in the best interest of the City to negotiate directly with the company that has proven their skill and respect for the nature of the property. Staff believes that the proposed prices Golden Eagle will pay the City under this agreement are substantially consistent with fair market value. ATTACHMENTS: 1) Director Memorandum; 2) Agreement FISCAL IMPACTS (Include Budgeted Amount): $25,000 minimum annual payment to the City. STUDY SESSION AGENDA: Fx No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the agreement for the removal and sale of Minor Forest Products with Golden Eagle Evergreens; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action AMENDMENT TO THE AGREEMENT FOR THE SALE OF MINOR FOREST PRODUCTS THIS AMENDMENT NO. 1 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 current Agreement expires June 30, 2020; 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, 2020 and terminates on June 30, 2021, 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 Con tractor, its agents, representatives, employees, sub-consultants or sub-Contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 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. VIII. General Conditions: is updated to include the addition of Section I. and Section J. I. Equal Employment Opportunity Statement It is the policy of the City of Bremerton to offer equal employment opportunity to all individuals. The City of Bremerton will administer all actions with respect to employment practices in compliance with federal, state and local laws, and will not discriminate in any DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. J. ADA Statement The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Breme1ton. Reasonable accommodation for employees or applicants for employment will be provided. 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 City Clerk DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CD 9/2/2020 GM DocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 Mayor 9/2/2020 EXHIBIT A DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 EXHIBIT B SCOPE OF WORK 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. DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 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 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, 2020 and thereafter by each July 1st during the term of this Agreement. DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSR WVD DATE(MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANYAUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WC STATU- OTH-TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC# Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD25 (2010/05) CERTIFICATE OF LIABILITY INSURANCE 06/29/20 LABERGE INSURANCE AGENCY 2102 North Pearl St, Suite C108 Tacoma, WA 98406 STEVE LABERGE (253)661-2000 (253)838-7447 slaberge@farmersagent.com IEF CORPORATION PO BOX 1906 SHELTON, WA 98584 (360) 868-2275 FAX (253) 320-5633 MID-CENTURY INSURANCE COMPANY TRUCK INSURANCE EXCHANGE A X X X Y 604659107 7/1/20087/1/2021 1,000,000 100,000 5,000 1,000,000 2,000,000 1,000,000 A X X X Y 604659107 7/1/20087/1/2021 1,000,000 B X 10,000 Y 035089817 7/1/20087/1/2021 1,000,000 1,000,000 604659107 WA STOP GAP 7/1/20087/1/2021 1,000,000 1,000,000 1,000,000 CITY OF BREMERTON IS NAMED AS ADDITIONAL INSURED ON THE ABOVE REFERENCED POLICY WITH REGARD TO WORK PERFORMED BY THE INSURED. CITY OF BREMERTON 100 OYSTER BAY AVE N BREMERTON, WA 98312 360-473-5354 DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 POLICY NUMBER: 604659107 BUSINESSOWNERS BP 04 50 01 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: CITY OF BERMERTON * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla-rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations performed for that insured. BP 04 50 01 97 Copyright, Insurance Services Office, Inc., 1997 DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY J6840 1st Edition POLICY: 604659107 ADDITIONAL INSURED - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name Of Additional Insured Person(s) CITY OF BREMERTON Or Organization(s): Location Of Covered Operation(s): AS DESIGNATED PER WRITTEN CONTRACT Effective Date Of Endorsement: 07/01/2020 If no entry appears above, information required to complete this endorsement will be shown in the Declarations. The BUSINESSOWNERS LIABILITY COVERAGE FORM is amended as follows: A. With respect to the additional insured described in paragraph B. of this endorsement, the following exclusions are added to paragraph 1. Applicable To Business Liability Coverage under Section B. Exclusions: This insurance does not apply to: * "Bodily injury" or "property damage" for which the additional insured(s) is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. * "Bodily injury" or "property damage" occurring after: Your ongoing operations at the location of covered operations other than service maintenance or repairs performed by you or on your behalf have been completed; or The portion of your ongoing operation out of which the "bodily injury" or "property damage" ar ises has been put to its intended use by any person or organization. But in no event shall this insurance apply to "bodily injury" or "property damage" arising out of your operations that were completed prior to the effective date of this endorsement. 5. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of its "employees", agents or contractors other than you, except for general supervision by the additional insured(s) of your ongoing operations performed for that additional insured. 6. "Property damage" to: Property owned, used or occupied by or rented to the additional insured(s); DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 Property in the care custody or control of the additional insured(s) or over which the additional insured(s) exercise physical control; or Any work including materials, parts or equipment furnished in connection with such work which is performed for B. Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only to the extent that the additional insured(s) is held liable for "bodily injury" or "property damage" caused in whole or in part by: 1. Your ongoing operations performed for such person or organization at the location designated above; 2. The acts or omissions of your subcontractors acting on your behalf on the scheduled project in the performance of your ongoing operations for the additional insured(s) which start and are completed within the effective period of this endorsement; or 3. The acts or omissions of such additional insured(s) in connection with its general supervision of such operations. C. With respect to this endorsement, wrap up policy means an Owner or Contractor Controlled Insurance Program providing one or a series of policies designed to cover a specific construction project that insures all of the persons and entities working on such project. D. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows: With respect to the additional insured described in paragraph B. of this endorsement, Section H. Other Insurance is replaced by the following: 1. Other Insurance Primary and Non-Contributory Insurance The coverage provided to an additional insured under this endorsement shall be primary and non - contributory ONLY to any insurance issued directly to the additional insured if: a. The Named Insured agreed in a written contract or written agreement to provide the additional insured coverage on a primary and non-contributory basis; b. Such written contract or written agreement reference d in a. above was executed prior to the issuance of this endorsement; c. The additional insured designated herein has a policy with an Other Insurance provision making this policy excess; and d. There is no "wrap up policy" in effect for the work performed at the location designated in the Schedule of this endorsement. 2. Excess Insurance If there is other valid and collectable insurance available to the additional insured(s) as an additional insured under other policies covering the work performed at the location designated and described in the schedule of this endorsement, this insurance will be excess over those policies. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 93-6840 1ST EDITION 10-10 Includes copyright material, Insurance Services Office, Inc., with its permission. J6840102 PAGE 2 OF 2 DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. E3306 1st Edition WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Effective Date: 07/01/2020 Policy Number: 604659107 This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS - BP 00 09 SCHEDULE Name of Person or Organization: CITY OF BREMERTON (If no entry appears above, information required to complete this Endorsement must be shown in the Declarations as applicable to this endorsement.) The provisions of the Businessowners Common Policy Conditions are modified by this endorsement as follows: Condition K. Transfer Of Rights Of Recovery Against Others To Us in the Businessowners Common Policy Conditions is amended by the addition of the following: 3. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard.” This waiver applies only to the person or organization shown in the Schedule above. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 91-3306, 1st Edition 6/9 Includes Copyrighted Material Insurance Services Office, Inc. 1992 DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 2001736/30/2020Golden Eagle Evergreens I.E.F. CorporationAmendment No. 1 - Sale of Minor Forest Products25,000/year7/1/2020 - 6/30/2021Milenka/PW&UX5333XMRR7/1/2020Milenka 7/1/2020XMVF7/20/2020DocuSign Envelope ID: 7B345948-EF3F-4E97-99E9-7E4DB5F3B9CDDocuSign Envelope ID: 19E0C3DC-BC1D-47BB-8C66-DC94099204E7 AGREEMENT FOR THE REMOVAL AND SALE OF MINOR FOREST PRODUCTS This is an agreement for the sale of minor forest products ("Agreement") made and entered into this day of J 2017, by and between the City of Bremerton, hereinafter "City" and Golden Eagle Evergreens, hereinafter "Contractor", each referred to as a "Party" and collectively as "Parties". WHEREAS, the purpose of this Agreement is to provide harvest and sale of salal and huckleberry brush, Western White Pine and Western Red Cedar boughs, and other secondary forest products ("minor forest products") from selected Bremerton Water Utility lands to the Contractor, and to meet that purpose, 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; and { WHEREAS, the removal of minor forest products is important to the health of the forest and aids in fire prevention. In addition, the sale of the minor forest products provides a source of income for the City; 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: 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 B and incorporated herein by reference. II. Term. The term of this Agreement commences on July 1, 2017 and terminates on June 30, 2020, unless terminated earlier pursuant to Section X of this Agreement. Upon expiration of the term, the Parties may agree to extend the Agreement for three (3) years, with substantially the same terms and conditions except those set forth in Exhibit C, which may be negotiated based on fair market value. 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 payment schedule attached as Exhibit C and incorporated herein by reference. The payment schedule contained in Exhibit C may be periodically modified by mutual consent of the Parties based on market and harvest conditions. The Contractor shall, make its harvest volume records available for inspection upon written request of the City. IV. Relationship of Parties: 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 sub -contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub -contractors during the performance of this Agreement. The City may, 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. V. Licenses & Taxes. Contractor shall possess a current Bremerton Business License and regulatory licenses required to fulfil 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, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. VI. Indemnification. Contractor shall defend, indemnify and hold the City, its officers, 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 that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any oftthe work when completed shall not be grounds to 5 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 officers, 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 THE INDEMNIFICATION 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. 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. 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 employer's liability; and Worker's Compensation insurance as statutorily required by the Industrial Insurance Act, 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 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 Sapplies. It shall be an affirmative obligation upon Contractor 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 6t' Street, 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 contract. 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. VIII. General Conditions: A. Restrictions Entry Exceptions. No entry shall be allowed in the vicinity of water intakes, wellhead protection zones, or the Bremerton Police Range, see Exhibit A, unless authorized by the Forestry staff. No entry shall be allowed during Industrial Fire Precaution Levels (IFPLs) of III or higher. No entry shall be allowed during a High, Threat Level as issued by the U.S. Department of Homeland Security. Contractor shall be responsible for checking the status of the above entry levels. No entry shall be allowed during inclement weather when vehicular travel on forest roads has the potential for damaging roads or streams. Access. 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. No cedar products, other than boughs, or other merchantable material other than those specifically named, shall be cut or taken. Fire Precautions. No smoking on Water Utility forest lands during the closed season as defined by State of Washington regulations. No open fires at any time. All other closed season regulations as defined by the State of Washington regulations that pertain to this operation shall be observed. Firearms. No firearms are allowed in Contractor's possession or in Contractor's vehicle(s) while on Water Utility lands. B. Reports & 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). C..Fntire A .rePment This Agreement and its Exhibits constitutes the entire agreement between the Parties, and thie Patties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. us uI,TMI1 This Agreement may only be modified by written instrument signed by both parties. F. Written N..t:�,.c. All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, ar by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address CQntracto _�,L��ress• Forestry Division Manager Bremerton Public Works & Utilities I.E.F. Corporation 160le Oyster Bay Ave:. S, Bremerton, WA 98312 Golden Ea Ev0 $ ergreens 870 W. Golden Pheasant Rd: Shelton, WA 98584 IX. 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, or sexual orientation exce occupational qualification. pt for employment actions based on bona Pied X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent; or by either party for convenience or cause with 30 days written notice. Any notice by Contractor shalt include a report showing the status of all items listed in the Scope of Work current through the termination date. CITY OF BREMERTON By: keq-t- its: A-yy✓ Date: O z L9—.T- E ---------- Approved as to form: Br tnerton Cif CONTRACTOR By ifs:V.- Da`$ j o t'1 Attest: City Clerk w c � o� _� lom I I I q o E o 000 L d x N O 0 0 OSZZ (r) O 22 0 OOOZ� OLZZ o ! 0 0 00" r 0 2000 0 o N o d o LL OSOZ M N O 0 030 0 MO$� r 0 N 08000 O p N a uoi 0 o r / O o o 0 ZS p m N �b p�b o� NN (� N O a 50 0006 0 O 0 N 0065 - O (n O N ch o � (h 5 0 0 0 00� V (4 _ ~ N N (h M 0 N c 0 r O N N N Cl) L) 00 O 0 co .— M (D EXHIBIT B SCOPE OF WORK 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, as shown on map (Exhibit A) and vehicles shall not pass `road closed' signs. (f) Access onto City of Bremerton Property is only allowed for the purpose of harvesting brush/bough/other secondary forest products as agreed to by both parties, and no other activities . (g) Harvesters must wear bright orange hats or vests during hunting season. 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 s t e m . 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 cleanup 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 pro -rated refund of Agreement fee. EXHIBIT C PAYMENT SCHEDULE Agreed payment for salal and huckleberry brush, to be paid to the City of Bremerton is $25,000 per year. This is a required flat fee, not a minimum or maximum. 2. Payment to be made to the City by July], 2017 and thereafter by each July V during the term of this Agreement. 3. Agreed payment for Western White Pine and Western Red Cedar boughs, to be paid to the City of Bremerton is 8 cents per pound, and Douglas fir boughs 4 cents per pound. 4. Payment is to be made to the City after boughs are weighed and before end of quarter they were harvested in. 5. Other secondary forest products that maybe harvested, which are agreed upon by both Parties, will be paid at the agreed fair market value to the City of Bremerton. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YY1 Y) THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH S/21/2016 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. 'ORTAly T: If the cerdficate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to terms and conditions Of the policy, certat A statement on This certificate does not confer rights to the In policies may require an endorsemen certificate holder in lieu of such endorsement(s), PRODUCER NTACT LABERGE INSURANCE AGENCY NAME: MARY BARTA 33516 9th Ave S, Suite 58 PHONE IV No (253) 661-6755 T� Federal Wa ADDRESs:slaber ce@fa_ersagent J com AJr A/C No} (253) 838-7447 y, WA 98003 IN9URER(9) gFFORDING COVERADE IEF CORPORATION INSURER e : •rxu(;K INSURANCE EXCH' GE PO SOX 1906 INSURER C: SHELTON, WA 98584 INSURER 0: (360) 868-2275 FAX (253) 320-5633 INSURER E: OVERAGES CERTIFICATE NUMBER: INSURER F: THIS IS' TQ CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ►SSUED TO THE INSURED NAM MREVISED NUMBER: POLICY PERIOD WITH INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT E, FOR T TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED DESCRIBED HE.ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POBY THE POLICIES LICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ REIN IS SUBJECT TO R TYPE OF INSURANCE A GENERAL LIABILITY INSR VIVO. POLICY NUMBER MMIDD/YYYY MM/Dp/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCES 1 O- O CLAIMS MADE a pCCUR PREMISES Ee oocurrence3 13 inn n A GEN'L AGGREGATE LIMIT APPLIES PER _ POLICY JECOT ' X I LOC AUTOMOBILE LIABILITY ANYAUTO _ A`" ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB X B EXCESS LIAB OCCUR CLAIMS -M. DED RETENTIONS 10 , OO AND EMPLOYERS' LIABILITY in 0 604659107 MED EXP(Any one person) $ 5,00( Y 7/1/08 7/1/.17 PERSONALBAOVINJURY $ 1,000,00( GENERAL AGGREGATE 3 2 , 000, 00( PRODUCTS - COMPIOPAGG $ 2,000,00( $ Fal accident $ 1,000,00L Y 604659107 7/1/08 7/1/17 BOILY INJURY( Per person) $ BODILY INJURY (Per accident) S R Per accident S S Y 035089817 7/1/08 7/1/17 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ V/ry TORSLAMlTS OTRH- NIA 604659107 _ _ WA STOP GAP E.L. EACH ACCIDENT $ 1, 0 0 0 , D D O 7/1/08 7/1/17 e.L.DrsEASE- EAEMPLDYE s 1,000 000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, I more space Is required) CITY OF BREMERTON IS NAMED AS ADDITIONAL INSURED ON THE ABOVE REFERENCED POLICY WITH REGARD TO WORK PERFORMED BY THE INSURED. CITY OF BREMERTON -- 100 OYSTER BAY AVE N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE BREMERTON, WA 98312 THE EXPIRATION WITH THE POLICYATE RPROVISIO SCE WILL BE DELIVERED IN 360-473-5354 AUTHORIZED REPRESENTATIVE ,wooM1 f ACOftD25(2010/05). The ACORD name and logo are registered marks of ACORD ACORD CORPQRATION. Ali rights reserved. POLICY NUMBER: 604659107 BUSINESSOWNERS BP 04 50 01 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: CITY OF BERMERTON * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla-rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations performed for that insured. BP 04 50 01 97 Copyright, Insurance Services Office, Inc., 1997 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY J6840 1st Edition POLICY: 604659107 ADDITIONAL INSURED - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name Of Additional Insured Person(s) CITY OF BREMERTON Or Organization(s): Location Of Covered Operation(s): AS DESIGNATED PER WRITTEN CONTRACT Effective Date Of Endorsement: 07/01/2020 If no entry appears above, information required to complete this endorsement will be shown in the Declarations. The BUSINESSOWNERS LIABILITY COVERAGE FORM is amended as follows: A. With respect to the additional insured described in paragraph B. of this endorsement, the following exclusions are added to paragraph 1. Applicable To Business Liability Coverage under Section B. Exclusions: This insurance does not apply to: * "Bodily injury" or "property damage" for which the additional insured(s) is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. * "Bodily injury" or "property damage" occurring after: Your ongoing operations at the location of covered operations other than service maintenance or repairs performed by you or on your behalf have been completed; or The portion of your ongoing operation out of which the "bodily injury" or "property damage" ar ises has been put to its intended use by any person or organization. But in no event shall this insurance apply to "bodily injury" or "property damage" arising out of your operations that were completed prior to the effective date of this endorsement. 5. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of its "employees", agents or contractors other than you, except for general supervision by the additional insured(s) of your ongoing operations performed for that additional insured. 6. "Property damage" to: Property owned, used or occupied by or rented to the additional insured(s); Property in the care custody or control of the additional insured(s) or over which the additional insured(s) exercise physical control; or Any work including materials, parts or equipment furnished in connection with such work which is performed for B. Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only to the extent that the additional insured(s) is held liable for "bodily injury" or "property damage" caused in whole or in part by: 1. Your ongoing operations performed for such person or organization at the location designated above; 2. The acts or omissions of your subcontractors acting on your behalf on the scheduled project in the performance of your ongoing operations for the additional insured(s) which start and are completed within the effective period of this endorsement; or 3. The acts or omissions of such additional insured(s) in connection with its general supervision of such operations. C. With respect to this endorsement, wrap up policy means an Owner or Contractor Controlled Insurance Program providing one or a series of policies designed to cover a specific construction project that insures all of the persons and entities working on such project. D. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows: With respect to the additional insured described in paragraph B. of this endorsement, Section H. Other Insurance is replaced by the following: 1. Other Insurance Primary and Non-Contributory Insurance The coverage provided to an additional insured under this endorsement shall be primary and non - contributory ONLY to any insurance issued directly to the additional insured if: a. The Named Insured agreed in a written contract or written agreement to provide the additional insured coverage on a primary and non-contributory basis; b. Such written contract or written agreement reference d in a. above was executed prior to the issuance of this endorsement; c. The additional insured designated herein has a policy with an Other Insurance provision making this policy excess; and d. There is no "wrap up policy" in effect for the work performed at the location designated in the Schedule of this endorsement. 2. Excess Insurance If there is other valid and collectable insurance available to the additional insured(s) as an additional insured under other policies covering the work performed at the location designated and described in the schedule of this endorsement, this insurance will be excess over those policies. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 93-6840 1ST EDITION 10-10 Includes copyright material, Insurance Services Office, Inc., with its permission. J6840102 PAGE 2 OF 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. E3306 1st Edition WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Effective Date: 07/01/2020 Policy Number: 604659107 This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS - BP 00 09 SCHEDULE Name of Person or Organization: CITY OF BREMERTON (If no entry appears above, information required to complete this Endorsement must be shown in the Declarations as applicable to this endorsement.) The provisions of the Businessowners Common Policy Conditions are modified by this endorsement as follows: Condition K. Transfer Of Rights Of Recovery Against Others To Us in the Businessowners Common Policy Conditions is amended by the addition of the following: 3. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard.” This waiver applies only to the person or organization shown in the Schedule above. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 91-3306, 1st Edition 6/9 Includes Copyrighted Material Insurance Services Office, Inc. 1992 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSR WVD DATE(MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANYAUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WC STATU- OTH-TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC# Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD25 (2010/05) CERTIFICATE OF LIABILITY INSURANCE 06/29/20 LABERGE INSURANCE AGENCY 2102 North Pearl St, Suite C108 Tacoma, WA 98406 STEVE LABERGE (253)661-2000 (253)838-7447 slaberge@farmersagent.com IEF CORPORATION PO BOX 1906 SHELTON, WA 98584 (360) 868-2275 FAX (253) 320-5633 MID-CENTURY INSURANCE COMPANY TRUCK INSURANCE EXCHANGE A X X X Y 604659107 7/1/20087/1/2021 1,000,000 100,000 5,000 1,000,000 2,000,000 1,000,000 A X X X Y 604659107 7/1/20087/1/2021 1,000,000 B X 10,000 Y 035089817 7/1/20087/1/2021 1,000,000 1,000,000 604659107 WA STOP GAP 7/1/20087/1/2021 1,000,000 1,000,000 1,000,000 CITY OF BREMERTON IS NAMED AS ADDITIONAL INSURED ON THE ABOVE REFERENCED POLICY WITH REGARD TO WORK PERFORMED BY THE INSURED. CITY OF BREMERTON 100 OYSTER BAY AVE N BREMERTON, WA 98312 360-473-5354