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HomeMy WebLinkAbout5486CONTRACT MODIFICATION AGREEMENT NO.1 BETWEEN THE CITY OF BREMERTON AND LUSIGNAN FORESTRY, INC PROJECT -Timber Harvest Management and Marketing Services. CONSULTANT -Lusignan Forestry, Inc. DATE-June 26, 2018 ______________________________________________ __ THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Timber Harvest Managem ent and Marketing Services AGREEMENT (the "Contract") entered into between the City of Bremerton and Lusignan Forestry, Inc. on June 15,2015 (Contract NO. 5486). All provisions in the Contract shall remain in full force and effect except as expressly modifi e d by this document. For valuable consideration and by mutual consent of the parties , the modifications to the Contract are as follows: I. Section ___ --'I= . ....::::S:..=c..::::.op&::...::.-e ___ , is modified as follows : No Change. Section II. Term , is modified as follows : The Consultant shall complete the work described in this Contract Modification Agreement by December 31 , 2021 Section III. Compensatio n , is modified as follows: No Change to the Timber Harvesting & Marketing. The Out of Scope Services has increased from $85.00 Hour/$70.00 Hour to $105.00 Hour/$100.00 Hour, as shown in Exhibit B. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. Contract Mo dification Rev. 05 12018 Page 1 of2 • Required access roads shall be constructed to the standard prescribed by forest practice rules and approved by the Forestry Supervisor. • Roads, yarding corridors and skid trails shall be left in a condition to prevent erosion as prescribed by the Forestry Supervisor. 6. Provide log accountability records and timber payment disbursements including periodic and final accounting statements (more fully specified in Schedule B). 7. In addition, if requested by the Administrative Manager or Forestry Supervisor, Consultant shall provide a summary of previous year's harvest in a format acceptable to complete annual Harvest Report required by the Dept. of Nat ural Reso urces. Summary, if required shall be available on, or about ebruary 1 s l of the proceeding year following harvest. Bremerton/Lusignan Forestry, Inc. June 18,2018 Timber Harvest Management & Marketing Services Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: �:r:� LUSIGNAN FORESTRY PSA - Timber Harvest Management & Marketing Services Forestry LEG 12-1 6/8/2015 12/31/2015 2016 Comments : ��t fr� �' ' " l� AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Service Agreement with Lusignan_Forestry, Inc. forTimber Harvest Management & Marketing Services Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5/13/15 5/20/15 PW&U Milenka Hawkins-Bates �360) 473-5333 SUMMARY: A Professional Services Agreement was executed between the City and Lusignan Forestry Inc. of Elma, WA on April 27, 2010 for timber harvest management and marketing services. During this period the Contractor has delivered a high level of service with increased net values to the City for harvested timber. City staff recommends renewing the Agreement through December 31, 2018. All conditions of the agreement have remained unchanged. ATTACHMENTS: 1) Agreement; 2) Exhibit A 3) Exhibit B FISCAL IMPACTS (Include Budgeted Amount): Contractor compensation will be paid from future timber proceeds at the rate contained in Exhibit B Fee Schedule. Based on average of $500,000 annual timber revenue, contractor fees will be approximately $41,000/year STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Professional Services Agreement befinreen the City of Bremerton and Lusignan Forestry, Inc. of Elma, WA and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: � Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 � PROFESSIONAL SERVICES AGREEMENT Timber Harvest Management and Marketing Services The City of Bremerton ("City") and Lusignan Forestry, Inc., ("Gonsultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated April 30, 2015, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The parties agree that work described in Exhibit A upon execution and completed on a mutually agreeable schedule and terminates on December 31, 2018, unless terminated earlier per Section IX. The parties agree that the work described in Exhibit A upon execution of this agreement and completed on a mutually agreeable schedule. Extensions may be negotiated, per the terms and condition of this agreement upon mutual agreement up to two three year terms. III. Compensation: In consideration of the services provided pursuant to this Agreement, the Consultant shall be compensated according to the terms and conditions provided for in the fee schedule attached as Exhibit B and incorporated herein by reference. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. ltelationship of Parties: Consultant 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. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. 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-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 1 of 7 this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant 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 Consultant or its personnel. As an independent Consultant, Consultant 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 Consultant. V. indemnification: A. Consultant 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 Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. 1T IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER 1NDUSTRIAL INSUR.ANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS 1NDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant 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 Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 2 of 7 Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv 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: Logger's broad form; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Workers Compensation insurance as required by state statute. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. 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 and Automobile Liability insurance policy, as respects work performed by or on behalf of the Consultant 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 Consultant'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 Consultant's insurance shall be primary insurance as respects the City and 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 6�' Street, Suite 600, 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 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. VII. General Conditions: Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 3 of 7 A. Reports and Information: When requested by the City, Consultant 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. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Elma, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, axe instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photo�phs and Ima� Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work sha11 be done at Consultant's own risk, and Consultant 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. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Elma, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 4 of 7 F. 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. G. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be moditied by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or 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 Administrative Manager Bremerton Public Works & Utilities 100 Oyster Bay Ave N Bremerton, WA 98312 Consultant Address Jim Frost Lusignan Forestry, Inc. 1530 Boundary Road/PO Box 1007 Elma, WA 98541 J. 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. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. 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. N. Attorneys' Fees: In 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. O. Assi�nment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 5 of 7 IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. 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 thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Dela� The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 6 of 7 CITY OF BREMERTON � ' � ,' / /�j . �. /'� �. Approve as to form: i Bremerton ty Atto y R.\Legal\Legal\Contracts\FORMS�Profess�onal Services Agrccment Form (2014).doc Bremerton/Lusignan Forestry Inc. Timber Harvest Management and Marketing Services Page 7 of 7 CONSULTANT sy: �G/� its: r ident Date: — —20 st: � City Clerk Rev. 4/ 15 �XHIBIT A Scope of Servfces Timber Harvest Management and Marketing Services Deliverables: For harvest units within Water Utility forest lands selected by the Administrative Manager, Forestry Supervisor and Consultant shall provide the following: In consultation with the Administrative Manager and Forestry Supervisor, determine appropriate logging system to economically harvest timber on selected units. Said method shall take into account water quality as well as other environmental concerns. Harvest type (even-age, uneven-age, and/or combination) shall be determined by the Forestry Supervisor. Residual spacing, leave tree, and harvest tree selection to be prescribed by the Forestry Supervisor in consultation with the Consultant. 2. Assist in completing Forest Practices Applications (FPAs) in a form acceptable to the Washington Department of Natural Resources, by a date mutually agreeable to the City and Consultant. 3. Consultant shall obtain competitive, fair market prices on all subcontracts. 4. Assist in completing any other requirement for harvest required by a regulatory agency having jurisdiction. 5. Obtain the highest practical lo�prices from the best possible domestic lo� markets (all City timber is export restricted under WAC 240-15; all pertinent State and Federal regulations apply). 6. Hire, coordinate, supervise and pay subcontractors in road construction and betterment, harvesting, and hauling operations on specified road segments and harvest units, per above items and in conformance with current or revised forest practice regulations. The following are required regarding timber harvesting operations: • Ensure all subcontractors have Loggers Broad Form insurance coverage which names the City as an additional insured and provide a certificate of insurance to the City. • Comply with all FPA and other regulatory requirements. � Achieve spacing requirements and leave tree selection as directed by the Forestry Supervisor. • Avoid damage to water bodies and soils; minimize damage to all leave trees. • Harvest areas requiring reforestation shall be left in a condition conducive to reforestation. � Slash shall either be machine piled and fire breaks constructed and/or evenly scattered throughout the harvest unit, as directed by the Forestry Supervisor. Bremerton/Lusignan Forestry, Inc. April 30, 2015 Timber Harvest Management & Marketing Services Page 1 of 3 • Required access roads shall be constructed to the standard prescribed by forest practice rules and approved by the Forestry Supervisor. Roads, yarding corridors and skid trails shall be left in a condition to prevent erosion as prescribed by the Forestry Supervisor. 6. Provide log accountability records and timber payment disbursements including periodic and final accounting statements (more fully specified in Schedule B). 7. In addition, if requested by the Administrative Manager or Forestry Supervisor, Consultant shall provide a summary of previous year's harvest in a format acceptable to complete annual Harvest Report required by the Dept. of Natural Resources. Summary, if required shall be available on, or about February 1 S ` of the proceeding year following harvest. Bremerton/Lusignan Forestry, Inc. Apri130, 2015 Timber Harvest Management & Marketing Services Page 2 of 3 EXHIBIT B Fee Schedule for Timber Harvest Manage�ent and Marketing Services NOTE: The City of Bre�erton does not warrant or guarantee any specific level of harvest or income with this �greement. Harvest levels, if any are entirely the decision of the City of Bremerton. The City of Bremerton also reserves the right to use alternate means of marketing tamber, independent of this agreement. Timber Harvesting and Marketing: 1. Consultant shall receive five erp cent (5%) of the delivered log price for timber harvested as part of this Agreement. No compensation will be paid to Consultant for pulp sort prices under $26.00/ton delivered price. It is understood that the Consultant shall obtain the hi�hest practical lo�prices from the best possible domestic log markets (all City timber is export restricted under WAC 240-15; all pertinent State and Federal regulations apply). 2. Net proceeds from timber harvested shall be paid promptly to the City. The following shall be allowable deductions from log proceeds: • Consultant fee described in 1) above • Authorized logging and haul costs • Authorized road building and betterment expenses • Authorized reforestation expenses • Forest Excise taxes • Other authorized harvest operation costs 3. Consultant shall provide the City with periodic summaries in a format approved by the Administrative Manager and/or Forestry Supervisor, showing market, species, grade, volume delivered, price/unit, total mill payments, disbursements to City, consultant, subcontractors, as well as other expenses described above or required by the Forestry Manager Out of Scope Services: Any out-of-scope services approved by the Administrative Manager and/or Forestry Supervisor shall be paid for on a time and materials basis according to the following schedule: Miscellaneous Forestry Services (Principle) " " " (Technician) Mileage $ 85.00 /hour $70.00/hour Standard Rate/mile Consultant shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process claim for payment. Bremerton/Lusignan Forestry, Inc. Timber Harvest Management & Marketing Services Page 3 of 3 Apri130, 2015 LUSFO-1 OP ID:JW AA C-ORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/25/2019 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 suchoendorsement(s). PRODUCER 303-951-5050 NAME CT Glenn J.Sudo/ Outdoor Insurance Group,Inc. PHONE 303-951-5050 FAX 303-951-5060 1371 Hecla Drive Ste E (A/c,No,Ext): (A/c,No): Louisville,CO 80027 E-MAIL cor michelle of .com Glenn J.Sudo/ ADDRESS: g p INSURERS)AFFORDING COVERAGE NAIC# INSURER A:Tokio Marine Specialty Ins 23850 INSURED INSURER B: Lusignan Forestry,Inc. Jim Frost INSURERC: P.O.Box 1007 Shelton,WA 98584 INSURER D: 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 LTR INSD WVD (MM/DD/YYYYI (MM/DD/YYYYI UMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X PPK2000002 07/01/2019 07/01/2020 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ E&O$1M/$1M MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 X POLICY LOC PRODUCTS-COMP/OP AGG- 1,000,000 OTHER: Emp Ben. $ EXCLUDED A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accidents ANY AUTO PPK2000002 07/01/2019 07/01/2020 BODILY INJURY(Per person) $ AURTEO�S ONLY SCHEDULED SSyUyLED BODILY� INJURY(Per accident) $ X AUTOS ONLY X AUUTOS ONLYY (PerracaiRdeneMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITYY/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I 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) It is understood and agreed that the Certificate Holder is named as Additional Insured, but only with respect to its liability arising out of the activities of the Named Insured. Coverage is primary& non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton City Clerk Financial Services 345 6th St,Suite 600 AUTHORIZED REPRESENTATIVE Bremerton,WA 98337-1873 „e ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LUSFO-1 ACORO FDAOTE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/21/2021 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 Outdoor Insurance Group, Inc. 1371 Hecla Drive Ste E Louisville, CO 80027 Glenn J. Sudol gnan Forestry, Inc. Frost Box 1007 Iton, WA 98584 rnvooer_cc 303-951 RECEIVED Id JUN 8 2021 City of Bremerton r_FRTIFIt^ATF NI IMRFR• Glenn J. Sudol :Xt): 303-951-5050 (A//C, Nc michelle@oigcorp.com INSURER(S) AFFORDING COVERAGE A •Tokio Marine Specialty Ins e: c: D: E: F: RFVISION NLIMRFRR 303-951-5060 23850 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 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X PPK2289514 E&O $1,000,000 07/01/2021 07/0112022 EACH OCCURRENCE $ 11000,000 PREMISES ( a occu a occurrence) $ 1001000 MED EXP (Any oneperson) 50000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 110001000 GEN'L AGGREGATE LIMIT APPLIES PER: JECTX POLICY PRO- LOC OTHER: PRODUCTS-COMP/OPAGG $ 11000,000 Emp Ben. EXCLUDED A AUTOMOBILE LIABILITY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X H RED L NON-O NED AUTOS ONLY AUTOS ONLY PPK2289514 07/01/2021 07/01/2022 CO acccidentSINGLE LIMIT (EaANY $ 11000,000 BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PERT DAMAGE $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe unr DESCRIPTION OF deOPERATIONS below NIA PER E OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ I E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) It is understood and agreed that the Certificate Holder is named as Additional Insured, but only with respect to its liability arising out of the activities of the Named Insured. Coverage is primary & non-contributory. City of Bremerton City Clerk Financial Services 345 6th St, Suite 600 Bremerton, WA 98337=1873 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. RIZED REPRESENTATIVE AUTHO © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TOKIO MARINE SPECIALTY INSURANCE COMPANY 1-877-438-7459 ONE BALA PLAZA, SUITE 100 BALA CYNWYD PA 19004 NOTICE OF NONRENEWAL OF INSURANCE Named Insured & Mailing Address: LUSIGNAN FORESTRY, INC. PO BOX 1007 SHELTON WA 98584 Producer:0105691 RECEIVED MAY 14 2024 City of Bremerton Risk Management NFP PROPERTY & CASUALTY SERVICES INC. 1371 HECLA DR STE E LOUISVILLE CO 80027 Reference: N/A Policy No.: PPK2577979 Type of Policy: GO :GUIDES & OUTFITTERS PKG Date of Expiration: 07/01/2024; 12:01 A.M. Local Time at the mailing address of the Named Insured. We will not renew this policy when it expires. Your insurance will cease on the Expiration Date shown above. The reason for nonrenewal is Due to a change in underwriting guidelines, we are no longer a market for auto coverage in Consulting Foresters. We are willing to quote the remainder of the package policy without the Hired and Non -Owned Auto line of business. This policy provides auto liability coverage. You should contact your agent or any agent concerning coverage through another insurer or the Washington Automobile Insurance Plan. This policy provides fire and extended coverage on your property. You should contact your agent concerning coverage through another insurer or your possible eligibility for coverage through the Washington FAIR Plan. You can contact the Washington FAIR Plan by calling (425) 745-9808 or by writing to 2122 164th Street S.W., Suite 202, Lynnwood, WA 98087. If you have questions or concerns about the actions of your insurance company or agent, or would like information on your rights to file an appeal, contact the Washington state Office of the Insurance Commissioner's consumer protection hotline at 1-800-562-6900 or visit www.insurance.wa.gov. The insurance commissioner protects and educates insurance consumers, advances the public interest, and provides fair and efficient regulation of the insurance industry. Other Party of Interest CITY OF BREMERTON CITY CLERK FINANCIAL SERVICES 345 6TH ST STE 600 BREMERTON WA 98337 Date Mailed: 9th day of May, 2024 ,64V,bV_, MADELINE BARROSO-SESAY FORM# CN96970405WA52020 ODEN 3.0.24.02a nnnniFn-nnnn3 Copy for Other Interests WACN36NONE APP 05082024MYNY Page 1 of 1