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Forestry Agreement No. 2025-03
<br />Workers’ Compensation Coverage. Licensee shall comply with all State of Washington
<br />workers’ compensation statutes and regulations. Workers’ compensation coverage shall
<br />be provided for all employees of Licensee and employees of any subcontractor or sub-
<br />subcontractor. Coverage shall include bodily injury (including death) by accident or
<br />disease, which exists out of or in connection with the performance of this License. Except
<br />as prohibited by law, Licensee waives all rights of subrogation against City for recovery of
<br />damages to the extent they are covered by workers’ compensation, employer’s liability,
<br />commercial general liability, or commercial umbrella liability insurance.
<br />If Licensee, subcontractor or sub-subcontractor fails to comply with all State of
<br />Washington workers’ compensation statutes and regulations and City incurs fines or is
<br />required by law to provide benefits to or obtain coverage for such employees, Licensee
<br />shall indemnify City. Indemnity shall include all fines, payment of benefits to Licensee or
<br />subcontractor employees, or their heirs or legal representatives, and the cost of effecting
<br />coverage on behalf of such employees.
<br />Business Auto Policy (BAP). Licensee shall maintain business auto liability and, if
<br />necessary, commercial umbrella liability insurance with a limit not less than$1,000,000.00
<br />per accident. Such insurance shall cover liability arising out of "Any Auto". Business auto
<br />coverage shall be written on ISO form CA 00 01, or substitute liability form providing
<br />equivalent coverage. If necessary the policy shall be endorsed to provide contractual
<br />liability coverage and cover a "covered pollution cost or expense" as provided in the 1990
<br />or later editions of CA 00 01. Licensee waives all rights against City for the recovery of
<br />damages to the extent they are covered by business auto liability or commercial umbrella
<br />liability insurance.
<br />13. HAZARDOUS MATERIALS.
<br />(a) Licensee (and its Permittees) shall not cause or permit any storage, use,
<br />sale, release, generation or disposal of any Hazardous Materials (as defined below) in, on or
<br />about the Licensed Property; provided, however, Licensee s(and its Permittees) hall be allowed
<br />without notice or the City’s written consent to handle, store, use or dispose of products
<br />containing small quantities of Hazardous Materials, such as ordinary cleaning and ordinary
<br />maintenance products used by Licensee for cleaning and maintenance in the reasonable and
<br />prudent conduct of the Approved Use on the Licensed Property. Licensee further covenants and
<br />agrees that at all times during the Term of this License, Licensee and its Permittees shall comply
<br />with all applicable Environmental Laws (as defined below), now or hereafter in effect, regulating
<br />Licensee’s and Permittees’ occupation and/or operation and/or use of the Licensed Property.
<br />(b) “Hazardous Materials” means any waste, pollutant, contaminant,
<br />chemical, petroleum product, pesticide, fertilizer, substance, or material that is defined,
<br />classified, or designated as hazardous, toxic, radioactive, dangerous, or other comparable term
<br />or category under any Environmental Laws (as defined below), including, but not limited to,
<br />gasoline, oil or any byproducts or fractions thereof, polychlorinated biphenyls, per - and
<br />polyfluoroalkyl substances, asbestos, paints, solvents, lead, cyanide, radioactive material, or any
<br />other materials which have adverse effects on the environment or the health and safety of
<br />persons.
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