HomeMy WebLinkAboutContract CAG-1 9-304
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2019 Downtown Tree Planting Agreement
THIS AGREEMENT("Agreement") is made as of the IV' day of 0 , 2019, (the "Effective
Date") by and between the City of Renton, a non-charter code city under RCW 35A, and a
municipal corporation under the laws of the State of Washington ("Renton"), through its
Community Services Department and Root Cause,LLC,("Contractor")a tree service provider,who
are collectively referred to as the "Parties", to provide tree planting services in the downtown.
Renton and Contractor agree as set forth below.
1. Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Attachment"A."
2. Changes in Scope of Services: Renton, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes
in the work shall be authorized by written Change Order signed by the Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no later
than 30 calendar days after the Agreement's Effective Date.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than December 31, 2019 from the Effective Date. This Agreement may
be extended to accomplish change orders, if required, upon mutual written agreement of
Renton and Contractor.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days' notice to the Contractor in writing.
B. In the event this Agreement is terminated by the City, the Contractor shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Contractor an equitable share of the fixed fee. This provision shall not prevent the City
from seeking any legal remedies it may have for the violation or nonperformance of
any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Contractor. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Agreement Sum: The total amount of this Agreement is the sum of $24,832.50 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
7. Consideration: In exchange for Contractor's performance of the items and responsibilities
identified in the Scope of Services, Renton agrees to make payment of the amount
identified as the Agreement Sum.
8. Method of Payment/ Retainage/ Bonding: Payment by Renton for the Services will only
be made after the Services have been performed and a voucher or invoice is submitted in
a form acceptable to Renton.
A. For Agreements over$150,000:
Pursuant to RCW 60.26 and 39.08 The City requires a 5 % Retainage be withheld
and that the Contractor will provide a Performance and Payment (Contract) Bond
on the City approved form upon execution of the Agreement. Payment of the initial
95% will be made in the next pay cycle of the Renton Finance Department after
receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5%
will be retained for the purpose of completion of the project and fulfillment of
claims and liens.
B. For Agreements under$150,000
Pursuant to RCW 60.26 and 39.08 The City requires a 5 % Retainage be withheld
and that the Contractor will provide a either a Performance and Payment
(Contract) Bond on the City approved form upon execution of the Agreement or
waive the payment and performance bond and instead the City will retain 10%.
Payment of the initial 95%will be made in the next pay cycle of the Renton Finance
Department after receipt of such voucher or invoice(pay cycles are bi-weekly). The
remaining 5% will be retained for the purpose of completion of the project and
fulfillment of claims and liens. (Unless the contractor waives the payment and
performance bond below and opts for a 10% retainage below.)
Contractor must pick one— if contractor does not pick one then 5%with contract
bond is required:
To provide a payment and performance bond (contract bond) in the
amount of 100%of the estimate including taxes with a 5% retainage.
or
PAGE 2 OF 9
_X To waive a payment and performance bond (contract bond)and instead
the city will retain the remaining 10% will be retained for the purpose of
completion of the project and fulfillment of claims and liens.
C. For limited Public Works Contracts under$35,000
For limited public works projects, the City chooses to waive the payment and
performance bond requirements of chapter 39.08 RCW and the retainage
requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors,
material persons, suppliers, and taxes imposed under Title 82 RCW that may be
due from the contractor for the limited public works project,however The City shall
have the right of recovery against the contractor for any payments made on the
contractor's behalf.
D. Renton shall have the right to withhold payment to Contractor for any work not
completed in a satisfactory manner until such time as Contractor modifies such
work so that the same is satisfactory.
E. Final Acceptance. Final Acceptance of the Project occurs when the Public Works
Director has determined that the Project is one hundred percent (100%) complete
and has been constructed in accordance with the Plans and Specifications.
F. Payment in the Event of Termination. In the event this Contract is terminated by
the either party,the Contractor shall not be entitled to receive any further amounts
due under this Contract until the work specified in the Scope of Services is
satisfactorily completed,as scheduled, up to the date of termination. At such time,
if the unpaid balance of the amount to be paid under the Contract exceeds the
expense incurred by the City in finishing the work, and all damages sustained by
the City or which may be sustained by the City or which may be sustained by the
reason of such refusal, neglect,failure or discontinuance of Contractor performing
the work, such excess shall be paid by the City to the Contractor. If the City's
expense and damages exceed the unpaid balance, Contractor and his surety shall
be jointly and severally liable therefore to the City and shall pay such difference to
the City. Such expense and damages shall include all reasonable legal expenses
and costs incurred by the City to protect the rights and interests of the City under
the Contract.
9. Hold Harmless: Contractor shall indemnify,defend and hold harmless Renton, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable
attorneys'fees, legal expenses and litigation costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Contractor's own employees, agents and
volunteers, or damage to property caused by Contractor's negligent act or omission,
PAGE 3 OF 9
except for those acts caused by or resulting from a negligent act or omission by Renton
and its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...) 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 Renton, its officers, officials, employees and volunteers, Contractor's
liability shall be only to the extent of Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor's waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
10. Insurance: Contractor shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of$1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
D. It is agreed that on Contractor's commercial general liability policy, the City of
Renton will be named as an Additional Insured on a non-contributory primary basis.
Renton's insurance policies shall not be a source for payment of any Contractor
liability.
E. Subject to Renton's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to Renton before executing the work of
this Agreement.
F. Contractor shall provide Renton with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
11. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
PAGE 4 OF 9
A. Contractor, and Contractor's agents, employees, representatives, and volunteers
with regard to the services performed or to be performed under this Agreement,
shall not discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona
fide occupational qualification in relationship to hiring and employment, in
employment or application for employment, the administration of the delivery of
services or any other benefits under this Agreement, or procurement of materials
or supplies.
B. The Contractor will take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or
mental handicaps, or marital status. Such action shall include, but not be limited
to the following employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training.
C. If Contractor fails to comply with any of this Agreement's non-discrimination
provisions, Renton shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. Contractor is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws and worker's
compensation.
12. Independent Contractor: Contractor's employees, while engaged in the performance of
any of Contractor's services under this Agreement, shall be considered employees of the
Contractor and not employees,agents, representatives of Renton and as a result, shall not
be entitled to any coverage or benefits from the City of Renton. Contractor's relation to
Renton shall be at all times as an independent contractor. Any and all Workman's
Compensation Act claims on behalf of Contractor employees, and any and all claims made
by a third-party as a consequence of any negligent act or omission on the part of
Contractor's employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor's obligation and responsibility.
13. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
0
PAGE SOF9
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cros/One.aspx?portal Id=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
14. Prevailing Wage Rates: Prevailing Wage Rates: Contractor must comply with the State of
Washington prevailing wage requirements. Contractor must file an Intent To Pay
Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at the end
of the project with the Washington State Department of Labor and Industries.
The State of Washington prevailing wage rates applicable for this project, which is
located in King County, may be found at the following website address of the
Department of Labor and Industries:
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp
http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp
Pursuant to WAC 296-127-011,the applicable effective date for prevailing wage rates
paid for the duration of this contract shall be the date the contract is executed as
reflected in the "Effective Date" identified at the top of the first page of this Agreement.
Upon request, the City will provide a copy of the applicable prevailing wages for this
project.Alternatively, the rates may be viewed at the City of Renton City Hall by making
an appointment with the contact person identified herein or prior to contract award with
the contact person identified as the City of Renton contact in Paragraph 17 Notices of
this agreement.
15. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Contractor agrees to provide access to and copies of
any records related to this Agreement as required by the City to audit expenditures and
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
16. Public Records Compliance. To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Contractor shall make a due diligent search
of all records in its possession, including, but not limited to, e-mail, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production. In the event Contractor believes said records need to be protected
from disclosure, it shall, at Contractor's own expense, seek judicial protection. Contractor
shall indemnify, defend, and hold harmless the City for all costs, including attorneys'fees,
PAGE 6 OF 9
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order.
17. Other Provisions:
A. Administration and Notices. Each individual executing this Agreement on behalf
of Renton and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of Renton or
Contractor. Any notices required to be given by the Parties shall be delivered at
the addresses set forth below. Any notices may be delivered personally to the
addressee of the notice or may be deposited in the United States mail, postage
prepaid,to the address set forth below. Any notice so posted in the United States
mail shall be deemed received three (3) calendar days after the date of mailing.
This Agreement shall be administered by and any notices should be sent to the
undersigned individuals or their designees.
CITY OF RENTON CONTRACTOR
Ian Gray Brian Holers
1055 South Grady Way 7490 85th Ave SE
Renton, WA 98057 Mercer Island WA 98040
Phone: (425) 430-6601 Phone: 206-799-9837
igray@rentonwa.gov EmailAddress:
Fax: (425) 430-6603 brianholers1@gmail.com
B. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
C. Assignment and Subcontract. Contractor shall not assign or subcontract any
portion of this Agreement without the City of Renton's prior express written
consent.
D. Compliance with Laws. Contractor and all of the Contractor's employees shall
perform the services in accordance with all applicable federal, state, county and
city laws, codes and ordinances. A copy of this language must be made a part of
any contractor or subcontractor agreement.
PAGE 7 OF 9
E. Conflicts. In the event of any inconsistencies between contractor proposals and
this contract,the terms of this contract shall prevail.
F. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
G. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
H. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or successor.
I. Severability. A court of competent jurisdiction's determination that any provision
or part of this Agreement is illegal or unenforceable shall not cancel or invalidate
the remainder of this Agreement, which shall remain in full force and effect.
J. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party's failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either Renton or Contractor from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision
of this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date.
CITY OF RENTON CONTRACTOR
(I)
PAGE 8 OF 9
CITY OF RENTON CONTRACTOR
(4) I
By:
By:
Kelly Bey er / Brian Holers
Administrator Ownere S-e-- LC-'�"
1055 South Grady Way
Renton, / 7!/ ''Z'A)7
7 7)
Date Date
Attest
Jason A.Seth
City Clerk
Approved as to Legal Form
By: .•.41Gte
Shane Moloney
City Attorney
Non-standard
8/6/19 clb 893
PAGE 9 OF 9
City of Renton Community Services Department
2019 Fall Tree Planting Services
Attachment A—Scope of Work
Project Manager: Ian Gray, Urban Forestry and Natural Resources Manager
Contact Information: igray@rentonwa.gov;425-430-6600(Monday through Friday;8:00 A.M.—5:00
P.M.)
Introduction
The City of Renton requests tree planting services at 27 locations around the downtown core of the
city.35 trees will be planted.The work includes the removal of stumps in primarily in tree grates,a
handful of landscape strips a few concrete sidewalk cutouts. Please see the attached spreadsheet for
each address and tree.
All tree planting locations will be marked by the City using white paint. Additional requirements of the
work are included below. It is your responsibility to read these requirements thoroughly and to become
familiar with each site location and the work assigned.
Please use the spreadsheet to submit your lump sum costs by filling out your name, address and phone
number and total costs on the form provided on the last page of the spreadsheet. Please return all
sheets to have your bid considered.
Bids are due by 5:00 P.M.,Friday,August 30,2019.
Time of Performance
This project shall begin within 60 business days of the full execution of the contract and shall be
completed no later than December 31,2019.
Minimum Requirements of Contractor
• Renton Business License, registered contractor with the State of Washington,current State
Unified Business Identifier Number
• Proof of Insurance-Minimum amounts to be approved in advance by City Risk Management.
Includes General Liability,Automobile Liability,Workers Compensation and Employers' Liability.
• Include with the first invoice the company's intent to pay prevailing wage rates and submit the
affidavit to pay prevailing wage rates at the completion of the contract with the final invoice.
Labor rates shall be Prevailing Wage Rates for the industry.
• All personnel shall wear the most up-to-date personal protective equipment including but not
limited to safety vests and hard hats while on the job site.
• Use of traffic control equipment which meets the Manual of Traffic Control Devices
requirements for each job location.
City of Renton Community Services
Department 2019 Fall Tree Planting Services
Attachment A—Scope of Work
• Possess the equipment and experience in planting trees using heavy equipment if needed and
other devices
• Prevent damage to turf, plants, irrigation,sidewalks,curbs, streets,signs, benches,fences and all
other structures.
• Locations left incomplete at the end of the work day shall be barricaded to access from the public.
Preferred Qualifications of Contractor and Tree Workers
• International Society of Arboriculture(ISA)Certified Arborist—provide names and certification
numbers.
• Familiarity with and adherence to:
o American National Standard for Arboricultural Operations—Safety Requirements,ANSI
Z133.1-2006 or newer.
o American National Standard for Tree Care Operations—Tree,Shrub,and Other Woody
Plant Management—Standard Practices(Planting,Pruning),ANSI A300(Part I)-2008 or
newer.
• Tree Care Industry Association Membership.
Project Area Specifications—Prior to Beginning Work
• Traffic Control Plan Approval—please see http://rentonwa.gov/living/default.aspx?id=880.
• On-site meeting with the Project Manager or representative to review operations,public safety
plan and traffic control plan.
• Tree Locations—to view the tree sites in Renton's Tree Inventory:Rentonwa.gov/How Do I?/Find/
Map&GIS Data,then select Tree Inventory.Search by address or parcel number,zoom to see
details.
Planting Site Specifications
• Contractor shall be responsible for contacting locating services in advance of any stump grinding,
digging or planting work by calling 811.
• Planting includes the complete removal of all debris generated by the activity including asphalt,
soil, rocks,litter,sawdust,chips, soil debris,twigs, leaves, needles, buds, branches,trunks,
stumps,and surface roots,unless indicated otherwise.
• Stumps and surface roots shall be removed entirely as the majority of the planting sites are in
spaces limited by tree grates or concrete openings.
• Broken tree grates shall be replaced from a stock of spare sections at the Parks'yard. Contact the
Urban Forester for access and location.
• Stump debris shall be completely removed from the planting sites,replaced with high quality
topsoil(less than 3%organic matter)and graded to match existing grades unless a new grade is
needed to give adequate space below the tree grate for root buttress expansion.
• Only official company personnel may enter the work site.Contractor is solely responsible for
preventing others entering the work site.
City of Renton Comniunity Services
Department 2019 Fall Tree Planting Services
Attachment A—Scope of Work
• All contractor activities, staff,and equipment shall work from the street right-of-way or City-owned
property and not enter upon private property unless approved in advance by the Manager and the
property owner.
• Use of cranes or other heavy equipment shall be approved by the Project Manager in advance of
submitting bids.
• The use of materials(e.g. mats)that eliminate or minimize site damage are required.
• Time and materials to repair damage from operations where pads were not used shall not be
reimbursable.
• A high quality topsoil and top-dressing with a high quality compost product or woodchip is
required.
• Repairs shall be to pre-existing conditions or better. The Project Manager will determine the extent
of repairs from damage as a result of tree planting activities.
• Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility of
the contractor.
Tree Planting Specifications
• Due care will be exercised in handling nursery stock to prevent damage to both bark and
branches,as well as avoiding unnecessary disturbance of the root ball. Root balls shall not be
moved by levering the tree trunk.
• Planting depth for the root ball shall be at the root flare and shall provide for the following:
o Being at grade for sites in simple concrete openings
o Being at grade established 4" inches below the grate for sites in tree grates
• All twine and staples shall be removed from the root ball.As much burlap and wire basket as
possible shall be removed while minimizing disturbance to the root ball. If the root ball is unstable
remove the top 1/2 (one half)of the burlap and wire basket or the tree may be rejected.
• Additional topsoil will be needed and will be supplied by the contractor.
• The trees to be planted will be supplied by the City of Renton and will mostly be 2"inch ball and
burlap nursery stock or slightly smaller containerized stock if the planting space is restricted.
• Trees will be available for collection at a central location within the City of Renton and a list of of
the tree species assigned to each location will be made available shortly before work commences,
depending on nursery availability.
• Only an ISA Certified Arborist shall prune trees.Only dead,diseased or broken branches shall be
pruned. Non-certified workers are prohibited from pruning trees.
• Pruning cuts shall be made outside the branch bark ridge and branch collar.Cuts should be at an
angle of 45 degrees from the branch bark ridge.
• The newly planted trees shall be shall be planted at the center of the site or otherwise positioned
so the tree trunk emerges in the middle of the tree grate opening.
• Tree grates will be replaced carefully to avoid damaging the tree trunks.No tree lean will be
accepted.
City of Renton Community Services
Department 2019 Fall Tree Planting Services
Attachment A—Scope of Work
Special Conditions
• Protect the public at all times using a combination of warning signs, barricades and company
staff to prevent access to work zones.
• All wood debris shall be recycled to the fullest extent possible.
• Use of mats or plywood is mandatory when damage to concrete and sidewalks is possible.
• The attached short form contract agreement is an example of the contract used to execute the
work.The winning bidder details, contract value and final contract dates will be entered later.
• A photo of the asphalt plug used to protect the opening of tree-less grates is shown below.
This will be removed by the contractor to access the planting area and remove the stump.
• Some tree grates have been spot welded to prevent theft and reduce tripping hazards and
will require grinding prior to removal.
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Invoices
• Invoices should be submitted to:
Ian Gray, Urban Forestry and Natural Resources Manager
Community Services Dept, 6`h Floor,1055 South Grady Way Renton, WA 98057
Email: igray@rentonwa.gov Telephone:425-430-6600
• Invoices should contain the following information to prevent a delay in
processing:
o Contractor name,address and telephone number
o Contract Number—assigned upon execution of agreement
o Unique Invoice Number
o Date work was performed
o Each address and location where work was performed
o Amount due,Washington sales tax and total amount due
City of Renton Community Services
Department 2019 Fall Tree Planting Services
Attachment A—Scope of Work