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HomeMy WebLinkAboutContractDocuSign Envelope ID: C9E81784-ECD9-4946-BBC7-C3AF8A1A3F7B MASTER NON-EXCLUSIVE ON-CALL SMALL PUBLIC WORKS AGREEMENT FOR TREE MAINTENANCE SERVICES CAG---- THIS AGREEMENT ("Agreement") is made as of the 18th day of December, 2023, (the "Effective Date") by and between the City of Renton, a Washington municipal corporation ("City"), and Hanson Tree Services, LLC ("Contractor"), who are collectively referred to as the "Parties", to provide non-exclusive on-call tree maintenance services. City and Contractor agree as set forth below. The City desired on-call tree maintenance and removal services and solicited a written Bid Proposal for this Agreement. The Contractor responded to the Bid Proposal to provide these services and represents that it is qualified and possesses sufficient skills to perform such work. 1.Scope of Work: Contractor agrees to provide non-exclusive on-call tree maintenance services, as specified in Exhibit A which is attached and incorporated herein and may be referred to as the "Work." Specific Work is to be assigned as INVOICE WORK ORDERS need under this agreement by the project managers. 2.Changes in Scope of Work: City, without invalidating this Agreement, may order changes to the Scope of Work 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 or Amendment signed by the Parties. 3.Time of Performance/ Term of Agreement/ Renewal : A.Contractor shall commence performance of the Agreement pursuant to the schedules set forth in an invoice. B.The Te rm of this Agreements is one year beginning on January 1, 2024: All Work shall be performed not later than December 31, 2024. C.This Agreement may be renewed for two (2) additional one (1) year periods. *note the Prevailing Wage Rate update in Paragraph 5. A. D.This Agreement may be extended for less than one year to accomplish and existing INVOICE WORK ORDERS, if required, upon mutual written agreement of City and Contractor. CAG-23-443 DocuSign Envelope ID: C9E81784-ECD9-4946-BBC7-C3AF8A1A3F7B 4.Compensation: A.Amount. To tal compensation to Contractor for Work for ALL ON-CALL INVOICE WORK ORDERS cumulatively provided pursuant to this Agreement shall not exceed $50,000.00, including any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The work will be ordered as needed per ON-CALL INVOICE ORDER and there is no guaranteed minimum amount to be paid under this Agreement. The Contractor agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Contractor shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B.Method of Payment. For each ON-CALL INVOICE WORK ORDER, on a monthly or no less than quarterly basis during any quarter in which Work is performed, the Contractor shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Contractor's performance does not meet the requirements of this Agreement, the Contractor will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Contractor for failure of the Contractor to perform the Work or for any breach of this Agreement by the Contractor. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. PAGE 2 OF 16 DocuSign Envelope ID: C9E81784-ECD9-4946-BBC7-C3AF8A1A3F7B 5.Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. A.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 at the beginning of each calendar year and an Affidavit of Wages Paid at the end of each calendar year and at the end of the project with the Washington State Department of Labor and Industries. *Final payment will be held until Affidavit of Wages Paid is submitted for each period/ calendar year or end of project. 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 and upon the "Effective Date" of each renewal. (*Note Prevailing Wages for this agreement will update to the then current Prevailing Wages rate for the effective date of each one year renewal.) 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 14 Notices of this agreement. B.For Contracts under $50,000 For public works projects, the City may choose 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. PAGE 3 OF 16 DocuSign Envelope ID: C9E81784-ECD9-4946-BBC7-C3AF8A1A3F7B Maryjane Van Cleave -Administrator City of Renton Parks and Recreation 1055 S Grady Way, Renton, WA 98057 12/13/2023 I 3:13 PM PST Date Approved as to Legal Form Shane Moloney Renton City Attorney Date Non-standard Master Small PW On-Call 12-7-23 clb {2874) PAGE 11 OF 16 Knut Hanson -Owner Hanson Tree Service LLC 18728 SE 373rd St, Auburn, WA 98092 11/27/2023 Date Approved by Cheryl Beyer via email 12/7/2023 ________________________________ Armondo Pavone, Mayor Date _______________________ Attest: __________________________ Jason A. Seth , City Clerk 12/18/2023