HomeMy WebLinkAboutContractDocuSign Envelope ID: 7328364B-51F3-4BC3-98E6-21930FF97616
MASTER NON-EXCLUSIVE ON-CALL SMALL PUBLIC WORKS
AGREEMENT FOR TREE MAINTENANCE SERVICES
CAG----
THIS AGREEMENT ("Agreement") is made as of th 18th day of December , 2023, (the "Effective
Date") by and between the City of Renton, a Washington municipal corporation ("City"), and
Trelstad Enterprises, 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 Term of this Agreement is one year starting 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-23-444
DocuSign Envelope ID: 7328364B-51F3-4BC3-98E6-21930FF97616
4.Compensation:
A. Amount. Total 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.
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.
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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.
C.City 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.
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D.Final Acceptance. Final Acceptance of the Project of an ALL ON-CALL INVOICE
WORK ORDERS when the City has determined that the Project is one hundred
percent {100%) complete and has been completed in accordance with the Plans
and Specifications.
6.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. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Contractor
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
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 Consultant. 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.
7.Hold Harmless: Contractor shall indemnify, defend and hold harmless City, 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,
except for those acts caused by or resulting from a negligent act or omission by City 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 City, 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,
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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.
8.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.In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
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. City's insurance policies shall not be a source for payment of any Contractor
liability.
E.Subject to City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to City before executing the work of this
Agreement.
F.Contractor shall provide City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
G.Additional Insurance if marked as "Required" by City or maybe added as needed
for a particular ALL ON-CALL INVOICE WORK ORDERS:
1.□ Required. Builders Risk insurance covering interests of the City, the
Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk
insurance shall be on a special perils policy form and shall insure against the
perils of fire and extended coverage and physical loss or damage including
flood, earthquake, theft, vandalism, malicious mischief, and collapse. The
Builders Risk insurance shall include coverage for temporary buildings,
debris removal and damage to materials in transit or stored off-site. This
Builders Risk insurance covering the work will have a deductible of $5,000
for each occurrence, which will be the responsibility of the Contractor.
Higher deductibles for flood and earthquake perils may be accepted by the
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9.
City upon written request by the Contractor and written acceptance by the
City. Any increased deductibles accepted by the City will remain the
responsibility of the Contractor. The Builders Risk insurance shall be
maintained until final acceptance of the work by the City.
2.□ Required. Contractors Pollution Liability insurance covering losses
caused by pollution conditions that arise from the operations of the
Contractor. Contractors Pollution Liability insurance shall be written in an
amount of at least $1,000,000 per loss, with an annual aggregate of at least
$1,000,000. Contractors Pollution Liability shall cover bodily injury,
property damage, cleanup costs and defense including costs and expenses
incurred in the investigation, defense, or settlement of claims.
If the Contractors Pollution Liability insurance is written on a claims-made
basis, the Contractor warrants that any retroactive date applicable to
coverage under the policy precedes the effective date of this contract; and
that continuous coverage will be maintained or an extended discovery
period will be exercised for a period of three (3) years beginning from the
time that work under the contract is completed.
The City shall be named by endorsement as an additional insured on the
Contractors Pollution Liability insurance policy.
If the scope of services as defined in this contract includes the disposal of
any hazardous materials from the job site, the Contractor must furnish to
the City evidence of Pollution Liability insurance maintained by the disposal
site operator for losses arising from the insured facility accepting waste
under this contract. Coverage certified to the Public Entity under this
paragraph must be maintained in minimum amounts of $1,000,000 per loss,
with an annual aggregate of at least $1,000,000.
Pollution Liability coverage at least as broad as that provided under ISO
Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA
99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90}
shall be attached.
Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
A.Contractor, and Contractor's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement,
shall not discriminate on the basis of race, color, sex, religion, nationality, creed,
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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
Work 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, City 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.
10.Independent Contractor: Contractor's employees, while engaged in the performance of
any of Contractor's Work under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of City and as a result, shall not be
entitled to any coverage or benefits from the City of Renton. Contractor's relation to City
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 Work provided to be rendered under this Agreement, shall be the solely
Contractor's obligation and responsibility.
11.City of Renton Business License: The Contractor 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.
Information regarding acquiring a city business license can be found at:
https:ljwww.rentonwa.gov/Tax
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Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
12.Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work 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).
13.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,
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.
14.Other Provisions:
A.Administration and Notices. Each individual executing this Agreement on behalf
of City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of City or Contractor.
Notice: Except for Service of Process in a legal proceeding, 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. Email notice will be deemed
received the date of the email so long as sent before 12:00 noon on a business day,
if after 12:00 Noon it will be deemed received the next business day - a copy of
email notice must be mailed as set forth above. This Agreement shall be
administered by and any notices should be sent to the undersigned individuals or
their designees.
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I.Severability. A court of competent jurisdfction's determination that any provision
or part of thfs Agreement is illegal or unenforceable shall not cancer or invaHdate
the remainder of this. Agreement, which shall remain fn full force a:nd e·ffect.
J.Sole and Entire Agr"eement. This AgreementcontaJns the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
Incorporated are excluded.
K.lhird�Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to gi,ve any rights or benefrts in the Agreement to any.one other than the
Parties, and all duties and responsibilities undertaken pursua.nt to this Agreement
will be for the sole and exclusive benefit ofthe Parties and no one else.
L.Waivers. All waivers shall be in writfng and signed by the waiving party., Either
party's failure to enforce .any provision of this Agreement shall not be a waiver and
sharl not prevent either City or Contractor from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any pr•ovisf on
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 WlTNESS WHfREOf, the .Pa.rties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON
Maryjane Van C[eave - Administrator
City of Renton Parks and Recreation
1055 S Grady Way, Renton, WA 98057
12/13/2023 I 3:17 PM PST
Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Date
-CONTRACTOR
Bruce Trelstad -Owner
Trelstad Tree Service
PO Box 1167, Maple Valley, WA 98038
Date
Approved by Cheryl Beyer via email 12/7/2023 ______________________________
Armondo Pavone, Mayor
___________________
Date
12/18/2023
Attest:
___________________________
Jason A. Seth, City Clerk