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HomeMy WebLinkAboutContract CAG-18-035 X0Y 0As MIV v N T 0 ` SMALL WORKS CONTRACT AGREEMENT WITH JTI COMMERCIAL SERVICES LLC Ykk THIS AGREEMENT ("Agreement") is made as of the ?i day of?-19 , 2018, (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 JTI Commercial Services LIC, ("Contractor"), who are collectively referred to as the "Parties", to complete vegetation removal along the Cedar River Trail adjacent to SR 169 from approximately Maplewood Roadside Park to 131'Ave S.E. 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 to include vegetation removal and herbicide application. Proposal is attached and fully incorporated into this Agreement by reference as Attachment "A." Supplemental information is also attached and fully incorporated into this Agreement by reference as Attachment "B." 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 April 30, 2018. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of Renton and Contractor. 5. Agreement Sum: The total amount of this Agreement is the sum of $22,450.34 which includes Washington State Sales Tax, as shown in Attachment A. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Services. 6. 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. 7. Method of Payment: 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. 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. 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. 8. 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, 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. 9. 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. Yr U 9�N1 PAGE 2 OF 6 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. 10. 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 services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, I' 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. 11. 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. roe MFNSh PAGE 3 OF 6 12. 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, http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp. 13. 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 -fi RCW). 14. 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. 15. 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. 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 PAGE 4 OF 6 , .r and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. 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. 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. PAGE 5 of 6 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR Kelly Bey ,erd Ted Huizenga(or a home 1055 South Grady Way representative) Renton,Washington 98057 In Commercial Services TLC las, Central Road Everson,Washington 98247 Date Date Approved as to Legal Form „0,11400Pee Shane Moloney Renton City Attorney 21242-0 Date Contract Template Updated 12/29/2017 .eotkx PAGE 6OF 6 • JTI COMMERCIAL SERVICES ATTACHMENT A, page 1 1006 Central Rd. Everson,WA 98247 (360)398-2000 www.jticommercialservices.com QUOTE ADDRESS QUOTE# 1326 Parks and Trails Division DATE 02/15/2018 Renton City Hall, 1055 South EXPIRATION DATE 03/31/2018 Grady Way Renton,WA 98057 P.O. NUMBER SALES REP Cedar River Trail Todd DATE ACTIVITY ,QTY RATE AMOUNT 02/15/2018 Job Location Cedar River Trail 02/15/2018 Vegetation Removal as described in scope of 18,649.40T work.All labor, materials, and equipment included. SUBTOTAL 18,649.40 TAX(10%) 1,864.94 TOTAL $20,514.34 Accepted By Accepted Date JTI COMMERCIAL SERVICES 1006 Central Rd. ATTACHMENT A, page 2 Everson,WA 98247 (360) 398-2000 www.jticommercialservices.com QUOTE ADDRESS QUOTE# 1327 Parks and Trails Division DATE 02/15/2018 Renton City Hall, 1055 South Grady Way Renton,WA 98057 P.O. NUMBER SALES REP Cedar River Trail Todd DATE ACTIVITY QTY RATE . AMOUNT 02/15/2018 Job Location Cedar River Trail 02/15/2018 Herbicide as described in scope of work.All 1,760.00T labor, materials,and equipment included. 02/15/2018 Herbicides to be used crossbow or equivalent (post emergent) +appropriate pre-emergent** ** Herbicides used will depend on weather conditions, proximity to water, site restrictions,time of year, etc. SUBTOTAL 1,760.00 TAX(10%) 176.00 TOTAL $1 ,936.00 Accepted By Accepted Date Attachment A, page 3 CITY OF RENTON COMMUNITY SERVICES DEPARTMENT Parks and Trails Division Renton City Hall, 1055 South Grady Way Renton, WA 98057 do Steve Brown, Parks Maintenance Manager (425) 430-6618, cell (425) 766-6190 Cailin Hunsaker, Parks and Trails Director Cell (425) 757-3007 SCOPE OF WORK SCOPE OF WORK: VEGETATION REMOVAL The contractor shall provide all labor, materials and equipment to complete the following tasks: • Remove all species of blackberry, Reed Canary grass, trees and any additional plant material other than Rosa Rugosa • Prune all Rosa Rugosa plants to 18" in height • Clean trail adjacent to work site of any litter, debris or loose impediments as a result of plant removal and pruning. Should the project not be completed in one day, all litter and debris collected will be removed at the end of each work day. • Haul and dispose of pruning material and garbage to approved dump site. ADD ALTERNATE: HERBICIDE APPLICATION • Upon completion of vegetation removal apply a chemical application consisting of a pre-emergent and post-emergent herbicide(s) to surface area around and between Rosa Rugosa plants. Rosa Rugosa plants are not to be sprayed. CITY OF RENTON will provide: • Signage denoting "Narrow/Limited Trail Access" JOB LOCATION CEDAR RIVER TRAIL From (approx.) Maplewood Roadside Park to 131st Ave S.E. Adjacent to Maple Valley Highway Renton, WA 98057 Attachment A, page 4 SPECIFICATIONS 1. With the Add Alternate bid, Bidder/Contractor to provide details on type of spray equipment that would be utilized for this project. 2. Bidder/Contractor must possess a valid Commercial Applicators' license issued by the Washington State Department of Agriculture. Any employee performing a pesticide application must possess a valid Commercial Operator's license issued by the Washington State Department of Agriculture. 3. Bidder/Contractor to be responsible to measure and verify dimensions, site conditions and other relevant project information. 4. Bidder/Contractor responsible for the security of the project site for the duration of the project. 5. Bidder/Contractor shall perform work during the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. Work performed outside of that timeframe would need to be mutually agreed upon between owner and contractor. 6. Bidder/Contractor will be responsible for maintaining a safe route for trail users through the work zone. One lane of the Cedar River Trail is to remain open at all times. The use of traffic cones and other safety equipment (provided by the contractor) will be required. 7. Access to project site must be coordinated with Parks Maintenance Manager. Parks Staff can coordinate gate openings/closings to assist with this process. 8. This project is subject to prevailing wage. Contractor will be required to comply with the State prevailing wage requirements. The 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. Attachment B City of Renton Community Services Department Parks and Trails Division Vegetation Removal along Cedar River Trail Summary of pre-bid walkthrough questions and information provided: • Other than the Rosa Rugosa all remaining vegetation will be cut at ground level flush with surface. Removal or grubbing of roots is not required • Vehicle access to the trail will be limited to trucks with a GVW of 26,000 lbs or less • The width of the project area runs from trail edge to the back of curb along Maple Valley Highway • The work will predominantly be handwork utilizing loppers and various power equipment • A forestry mower (or similar) tractor mounted machine will not be permitted • Contractor will remove all Rosa Rugosa material, blackberry cuttings and additional vine and woody type debris. Some material and misc. debris such as small clipping and individual leaves could be left to decompose naturally • The vegetation removal portion of the project needs to be completed by March 31, 2018. If we move forward with the herbicide application that should occur two —three weeks following the completion of the vegetation removal. Herbicide application could occur after March 31, 2018 but no later than April 30, 2018.