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4259
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WASHINGTON TIMBERLAND MANAGEMENT
TIMBER HARVEST MANAGEMENT - MARKETING
FORESTRY
PUR
& SERVICES
Insurance
Type Amount
GL $2000000.00
Amount
Begin Date
End Date
Review Date
=1=
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02/26/2002 =1=
12/31/2004 =1=
02/15/2007 =1=
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=1= Insurance Total $2000000.00 =1=
=1= Insurance Review Date 02/01/2006 =1=
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Comments VAULT 01/01/2007 =1=
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CHANGE Contract Transactions =1=
Contract Number 3904 =1=
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"Vendor Name
==Subject
',=Department
==Status Code
QWEST
OLYMPUS DRIVE - TELECOMMUNICATION FACILITY
PW&U
TEL
of
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=1=
of
=1=
Insurance
Type Amount
GL $2000000.00
AL $2000000.00
Amount
Begin Date
End Date
Review Date
05/01/1998
04/30/2008 of
01/01/2008 =1=
=1=
=1=
of
=1=
Insurance Total
Insurance Review Date
$4000000.00
04/01/2006
Comments
=1=
=1=
of
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Contract Number
Contract Transactions
Insurance
Type Amount
GL $2000000.00
AL $2000000.00
Amount
Begin Date
End Date
Review Date
of
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05/01/1998 =1=
04/30/2008 =1=
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3903
QWEST
ANDERSON
PW&U
TEL
CREEK - TELECOMMUNICATION FACILITY
Insurance Total $4000000.00
Insurance Review Date 04/01/2006 of
T =1=
=1= Comments =1=
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Contract Number 3281
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..Subject
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,I,
Comments
BOY SCOUTS OF AMERICA TROOP 1512
FOREST RIDGE - SCOUT HALL
PARKS
LAN
Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
of
of
04/01/1991
of
06/15/2006 =1=
of
$0.00 of
=1=
=1=
=1=
-.-
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Insurance Total
Insurance Review Date
MONTH TO MONTH FOR INDEFINITE TERM
REVIEW DATE FOR TRACKING PURPOSES ONLY
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Contract Transactions
3028
of
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BOY SCOUTS
NAD PARK -
PARKS
LAN
OF AMERICA
RECREATION INFO CENTER
Insurance
Type Amount
GL $1000000.00
Amount
Begin Date
End Date
Review Date
$0.00 of
12/01/1988 =1=
=1=
=1=
=1=
=1=
06/15/2007
-,-
=1=
Insurance Total
Insurance Review Date
$1000000.00
03/01/2006 of
,I,
Comments
MONTH TO MONTH
REVIEW DATE FOR TRACKING PURPOSES ONLY
of
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Insurance
Type Amount
GL $2000000.00
Amount
Begin Date
End Date
Review Date
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02/26/2002 +
12/31/2004 +
11/01/2004 +
WASHINGTON TIMBERLAND MANAGEMENT
TIMBER HARVEST MANAGEMENT - MARKETING & SERVICES
FORESTRY
PUR
Insurance Total
Insurance Review Date
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$2000000.00 +
01/01/2004 +
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PURCHASED SERVICES AGREEMENT
Timber Harvest Management and Marketing
Addendum
The City of Bremerton ("City'') and Washington Timberland Management, Inc.
("Contractor''), referred to collectively as the "Parties", enter into the following Addendum to
Agreement for Purchased Services:
Whereas, the Parties desire to extend the Agreement for an additional two (2) years;
The Parties agree as follows:
Section II. Term. The term of this Agreement shall be extended from December 31, 2002 to
December 31, 2004.
The Parties agree that all provisions of the original Agreement which are not in conflict
with this Addendum shall remain in full force and effect.
CITY OF BREMERTON
WASIDNGTON
TIMBERLAND MANAGEMENT
Date:
r
};-::
~
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-
.~ \
CARY BOlEMAN, Mayor
W. EU S PLEY
Public Works & Utilities Director
APP~OVE~~
ROGER LUBOVICH
City Attorney
lite :
PURCHASED SERVICES AGREEMENT
Timber Harvest Management, Marketing and Forestry Services
THIS IS A CONTRACT for purchased services mad~ and entered into this ~ ~ day
of I:'e_~ v v-~ e-/ ,2002, by and between the City of Bremcrton, hereinaF[er called "City" and
Washington Timber Management, Inc., bereina~er called "Contractor," referred to collectively as
the "Parties."
WHEREAS, the purpose of this contract is to provide timber harvest management,
marketing, and forestry services to the City of Bremerton.
NOW, THEREFORE, m consideration of the terms and conditions contained herein,
and attached and incorporated and made a part hereof, the City and Contractor mutually agree
that Co, ts~ctor shall provide timber h~rvest management, marketing, and forestsy services to the
City of Bremcrton as follows:
I. Scope: The Contractor shall provide all performance of work for timber harvest
management, marketing, and forestry services, including all labor, materials, transportation,
C~lulpment, supplies, and services necessary for and reasonably incidental to the completion of
all work as set out m the Scope of Work, which is attached as Exhibit A and incorporalxxl herein
by rcfcrc~nec. The Scope of Work may be modified only pursuant to Section VII. D. of this
Agreement. If the Scope of Work provides for unspecified additional services the City may
request, such services shall only be performed upon the express, written request of the City.
II. Term: This Agreement commences on the date of execution of this Agreement and
terminates on December 31, 2002 unless another date is substituted pursuant to Sections VI1. D.
or IX.
IlL Compensation: The City agrees to pay Contractor according to the terms and at a time
and in a manner provided for in thc fcc schedule attached as Exhibit B and incorporated herein
by reference. It is understood to be mutually beneficial to both Parties to deliver harvested timber
to markets ofhigbest value.
Contractor's charges and bills shall conform to the fee schedule contained in Exhibit B. The
Contractor shall submit regular biffing statements describing services rendered and the mount
charged for each service. Thc descrip6ons shall conform to and fall within thc categories set out
in the Secpe of Work. Upon receipt of a conforming billing statement, the City shall promptly
process payment.
Contractor shall not perform work beyond the Scope of Work, nor shall be compensated
for such work unless the Scope of Work or mount of compensation is modified pursuant to this
Agreement. Any out-of-scope services requested by and approved by the City Forestry Manager
shall be compensated for as set out in the attached fee schedule at 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
Contractor of its obligations under this Agreement.
IV. Rel~ionship of Parties: Contractor is skilled in the matters addressed in the Scope of
Work and is performing independent functions and responsibilities within its field of expertise.
Contractor and its personnel are independent contractors and not employees of the City.
m~mmoWWTM 1
Purchased Se~ices Agreem~t
Contractor and its personnel have no authority to bind the City or to control the City's employees
and other contractors. As an independent contractor, Contractor is responsible for its own
management. The City's administration and enforcemem of this Agreement shall not be deemed
an exercise of managerial control over Coahactor or its personnel. Contractor shall work under
the direction of the City's Forestry Manager.
V. Licenses & Taxes: Contractor shall possess a current Bremerton Business License and
regulatory licenses required to fulfill Contm~or~s obligations under thin contract. As an
independent contractor, Contractor is responsible for payment of all taxes and licensing fees
necessary to perform its obligations under this Agreement. These taxes and fees include but are
not limited to State industrial insurance, B&O, and City business licensing. If any taxes or fees
due the City have been declared delinquent. Contractor, by this agreement, assigns any payments
duc under this contract to the City Clerk for payment of such taxes. The City may also withhold
thc delinquent amount, plus any additional charges arising from the delinquency, from any
paymems due Contractor.
VI. Insurance and Hold Harmless: Prior to the commencement date of this Agreement,
Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the
coverage under a comprehensive general liability ("CGL") policy providing coverage of at least
$500,000 per occurrence and including bodily injury and property damage. The CGL shall name
the City as an additional insured. The CGL policy shall remain in full force and effcet, and
provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager
with 30 days written notice of any cancellation or change of coverage of the policy.
Contractor shall be solely responsible for the acts and failures to act of its personnel,
which arise in any way out of performance of this Agreement. Coutraccmr agrees to defend,
indemnify, and hold harmless thc City and its officials and employees from and against all
liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions,
claims, and lawsuits arising or alleged to have arisen, in whole or in part, oat of or in
consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its
agents, or its assigns in the performance of this Agreement. The City and Contractor have
specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby
waived for purjx~es of Contractor's indemnification and hold harmless of the City, including thc
duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is
judicially found to arise solely from the acts or failures to act of the City.
VII. General Conditions:
A. R~po_ rts and Infonnatiou: When requested by the City, Contractor shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Contractor shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Entire Agreement: This Agreement and its Exhibits constitutes thc entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
C. Severabilitw: Should any part oft)tis Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
Br~nmon/WTM 2
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
E. Notices: Notices shall be m writing and delivered to the following addresses:
Cit~ Address Contractor Address
Forestry Manager Gary Hanson, President
Bremerton Public Works & Utilities W~hlngton Timberland Management, Inc.
3027 Olympus Drive P.O. Box 130
Bremertom WA 98310 Union, WA 98592
F. Waiver: Failure to enforce any provision of fils Agreement shall not be deemed a
waiver ofthnt provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
G. Complianee with Laws: Conuactor shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this
Agreement shall be entitled to its reasonable attorneys' fees and court cogs.
VIII. Nondiscrimination: Contractor shall not disgriminate in employment or services to the
public on the basis of race, color, national origin, sex~ religion, age, marital status, or disabilily,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated, at will, by either Party upon ninety
(90) days notice to the other Party. This Agreement may be immediately terminated for cause by
a Party if the other Party substantially fails to perform through no fault of the terminating Party,
and thc non-performing Party does not conuncnce correction of the failure of pcrformanee within
five days of the terminating Party's sending notice to the non-performing Party.
Upon termination, the City ahall be entitled to copies of all Contractor's records and dat,~
pertaining to performance under this contract. The City will pay Couhantor for services rendered
up until the date of termination upon receipt of invoices substantiating the extent of satisfactory
services rendered.
X. Successors and Assigns: The City and Contractor each agree to be bound to the other
pan'y in respect to all covenants, agreements, and obligations contained in this contract. Neither
party shall assign the contract in part or as a whole, without thc written consent of the other.
Bremea'ton/WTM 3
Purchased S~vices Agreomenl
IN WITNESS VgHEREOF the parties hereto have executed this Contract the date and
year indicated.
~~. n,GTO1N T?~IR~AND MP~tAGEMENT
Cary Bozen4an,q~a~-'or date
De~,ental Approwl
WE ' ~'~
· ugene ,amp~ey, ~
Public Works & Utilities
Approved as to form:
Roger Lubovich
City Attorney
EXttlBIT A
Scope of Services for Timber Harvest Management, Marketing and Forestry Services
Deliverables:
For harvest umts within Water Utility forest lands selected by the Forestry Manager, Washington
Timberland Management, Inc. shall provide the following:
l) Complete or assist m completing, Forest Practices Applications in a form acceptable to
the Washington Dept. of Natural Resources, by a date mutually agreeable to the City and
Contractor.
2) Determine appropriate logging system to economically harvest timber on selected units.
Harvest type (even-age, uneven-age, and/or combination) shall be determined by the
Forestry Manager. Residual spacing, leave tree, and harvest tree selection to be
prescribed by Forestry Manager in consultation with Contractor on each harvest unit.
3) Field locate and mark unit boundaries and new road construction centerlines.
4 Coordinate, and supervise subeontraetors 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. Operations are to be
conducted so as to achieve the following general conditions upon completion:
· Achieve spacing requirements and leave tree selection as directed by Forestry Manager
· Mininfize damage to alt leave trees
· Harvest areas requiring reforestation shall be left in a condition conducive to planting
· Non-merchantable tops and limbs shall be left within the harvest unit providing no large
accumulations of slash are created as determined by the Forestry Manager
· Slash at landings shall be machine-piled and fire-trailed or left in a condition conducive
subsequent salvage
· Roads, yarding corridors, and skid trails shall be left in a condition to prevent erosion
as prescribed by Forest Practice regulations
5) Provide log accountability records and timber payment disbursements including periodic
and fina/accounting statements (more fully specified in Schedule B).
EXHIBIT B
Fee Schedule for Timber Harvest, Marketing and Forestry Services
Logging and Marketing
1 ) Contractor shall receive ten percent (10%) of the delivered log price for timber harvested
as parc of this Agreement. No componsation will be paid to Contractor for pulp sort
prices under $26.00/ton delivered price. Delivered log prices shall be from the best
possible domestic markets (all City timber is "export restricted" under WAC 240-15; all
pertinent State and Federal regulations apply).
2) The following shall be deducted from log proceeds:
· Contractor Fee (10%)
Authorized logging and haul costs
· Authorized road building and betterment expenses
· Forest Excise and B&O taxes
3) Conttac~r shall provide the City with a periodic summary in a format approved by thc
Forestry Manager, showing market, volume and grade delivered, price per unit, total mill
payments, disbursements to the City, contractor, and subcontractor, as well as other
expenses described above or required by thc Forestry Manager.
Out of Scope Services
Any out-of-scope services approved by the Forestry Manager shall be paid for on a time and
materials basis according to the following schedule:
Miscellaneous Forestry Services $55.00/hour
Mileage $0.365/mile
Contm~or ghall submit a ~atemem 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.
Bremea-ton/WTM 6
Purchased Services Agreom~ni