HomeMy WebLinkAboutContract CAG-18-055
CITY OF
SMALL WORKS CONTRACT AGREEMENT
HONEY CREEK RIDGE HOA PROJECT
THIS AGREEMENT("Agreement") is made as of the t'� 'day of�C"G (d , 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 Canber Corps. Incorporated, ("Contractor"), who are
collectively referred to as the "Parties", to provide tree maintenance services and tree removal
in the Honey Creek Homeowners Association Neighborhood. 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 days 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 June 1, 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 $23, 732.50 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
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
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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.
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, 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
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Contractor's employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor's obligation and responsibility.
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 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.
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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.
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.
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.
I. 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
A-1
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Kelly Beymer, Administrator of Jeff Candler, Owner/President
Community Services Department Canber Corps. Incorporated
Renton City Hall,6th Floor P.O. Box 2668
1055 South Grady Way Renton, WA 98056
Renton, WA 98057 425-271-8272
Date Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
.3/1-12,rrig
Date
Contract Template Updated 05/30/2017
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'Iwil�
City of Renton Community Services Department
2018 Honey Creek Ridge Tree Maintenance Project—Phase 2
Tree Removal
Attachment A—Scope of Work
Project Manager: Terry Flatley, Urban Forestry and Natural Resources Manager
Contact Information: tflatlev@rentonwa.gov; 425-430-6600(Monday through Friday; 8:00 A.M.
—5:00 P.M.)
Introduction
The City of Renton requests services to perform tree maintenance at the Honey Creek Ridge
Homeowners Association Neighborhood.The work includes the removal of 53 select trees at
various addresses in the neighborhood. A single lump sum contract price is requested and
should be based upon the project listing included below.
All trees for removal will be marked by the City using a white paint spot at the base of trees.
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 work is assigned in
relation to the amount and type of work involved to complete.
Time of Performance
The project should start immediately upon award and must be completed not later than June
1, 2018.
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. See Agreement for specific requirements
• 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. 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.
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• Traffic control equipment which meets the Manual of Traffic Control Devices
requirements for each job location.
• Equipment and experience in lowering tree parts using ropes and other devices to
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.
• 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 (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 City to review operations, public safety plan and traffic control
plan.
Tree Removal Specifications
• Irrigation lines are present in the work areas. The Honey Creek Ridge Homeowners will
mark the irrigation spray head locations prior to stump grinding work begins.
• Contractor shall be responsible for contacting locating services in advance of stump
grinding work by calling 811.
• Removal includes the complete removal of all tree-related debris generated by the
activity including litter,sawdust, chips, soil debris,twigs, leaves, needles, buds, branches,
trunks, stumps, grindings, and surface roots.
• Stumps and surface roots shall be ground to a minimum depth of 9 inches below curbline
grade. Stump and roots should not be visible following grinding, especially along curbs
and sidewalks.
• Remove all stump and/or root grinding debris. The hole left from stump grinding can be
temporarily covered with stump debris that is made level with surrounding grades until
such debris can be removed and replacement soil added.
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•
• Stump debris shall be completely removed from the resulting holes, replaced with high
quality topsoil (less than 3%organic matter),graded to match existing sidewalk and/or
curb grades, lightly compacted, and the area seeded. Soil should be lightly raked to mix
with seed and compost broadcast lightly over the seed to cover or covered with pre-
approved materials.
• Additional grinding of roots or stumps may be required to match existing turf grade and
may be beyond the actual stump location. Re-grinding will be required where the above
specifications are not met at Contractor's costs.
• Only official company personnel may enter the work site. Contractor is solely
responsible for preventing others entering the work site especially those seeking to take
wood debris such as firewood.
• 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.
• Use of cranes or other heavy equipment shall be approved by the Project Manager in
advance.
• The use of materials(e.g. mats)that eliminate or minimize site damage is required.
• Use of ropes to lower tree sections is required in order to prevent unnecessary damage
to turf, plants, adjacent trees, all street, park or facility infrastructure and private
property. Time and materials to repair damage from operations where tree parts were
not safely lowered using ropes or other devices shall not be reimbursable.
• 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 maintenance activities.
• All depressions created as the result of operations shall be made level with existing
grades using high quality topsoil and seeded or sodded.
• Damage that occurs as a direct result of contractor actions or inaction is the sole
responsibility of the contractor.
Special Conditions
• Protect the public at all times using a combination of warning signs, barricades and
company staff to prevent access to work zones.
• Clean hardwood wood chips generated from operations can be dumped at a City
designated facility; leaves are acceptable.
• All wood debris shall be recycled to the fullest extent possible.
• The attached contract agreement shall be used to execute the work.
Invoices
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• Invoices should be submitted to:
Terry Flatley, Urban Forestry and Natural Resources Manager
Community Services Department, 6th Floor
1055 South Grady Way
Renton,WA 98057
Email:tflatley@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 performed
o Location where work was performed
o Amount due, Washington sales tax and total amount due
o Intent to Pay Prevailing Wage Statement with first invoice
o Affidavit of Wages Paid Statement with last invoice
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Due February Monday,February 19,2018 2017 Honeycreek HOA Tree Contract This Sheet Must Accompany Your Bid
Tree#City ID Address Species DBH !Treatments
1 #05 3215 NE 26th Ct Green ash 12 Remove:grind stump&root to light pole,remove grindings,add topsoil,&grass seed.
2 #05 3203 NE 26th Ct Green ash 14 Remove:grind stump&roots,remove grindings,add topsoil,&grass seed.
3 #53 2515 Monroe Ct NE Green ash 15 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod.
4 #57 2505 Monroe Ct NE Green ash 14 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod to stop sign.
5 #36 3212 Lynnwood Ave NE Green ash 16 Remove:grind stump&roots,remove grindings,add topsoil,&grass seed.
6 40 2540 Lynnwood Ave NE Green ash 8 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod.
7 95 2507 Lynnwood Ave NE Green ash 8 Remove:grind stump&roots,remove grindings,add topsoil,&seed/sod.
8 #50 3420 NE 23rd PI Red maple 11 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
9 #47 3414 NE 23rd PI Red maple 11 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
10 #44 3414 NE 23rd PI Red maple 12 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
11 #76 2401 Olympia Ave NE Red maple 12 Remove:grind stump&roots,remove grindings,add topsoil,&grass seed.
12 #54 2401 Olympia Ave NE Red maple 10 Remove:grind stump&root area 15 ft,remove grindings,add topsoil,& seed/sod.
2201 Olympia Ave NE-
13 #20 Powerline ROW North Red maple-topped 12 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod.
side
2201 Olympia Ave NE-
14 #94 Powerline ROW North Red maple-topped 10 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod.
side
15 #27 2117 Olympia Ave NE Red maple 8 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod.
16 #30 2111 Olympia Ave NE Red maple 9 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
17 #07 2304 Olympia Ave NE Red maple 11 Remove:grind stump&roots entire area,remove grindings,add topsoil,& seed/sod
18 11 2304 Olympia Ave NE Red maple 12 Remove:grind stump&roots entire area,remove grindings,add topsoil,& seed/sod
19 #66 2310 Olympia Ave NE Red maple 11 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
20 #64 2316 Olympia Ave NE Red maple 10 Remove:grind stump&roots entire area,remove grindings,add topsoil,& seed/sod
21 #61 2324 Olympia Ave NE Red maple 8 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
22 #62 2324 Olympia Ave NE Red maple 7 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
23 #63 2324 Olympia Ave NE Red maple 8 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
24 #59 2330 Olympia Ave NE Red maple 12 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
25 #79 2406 Olympia Ave NE Red maple 10 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod-On 24th St
26 #84 2406 Olympia Ave NE Red maple 12 Remove:Olympia grind stump&roots,remove grindings,add topsoil,& seed/sod-Entire area on
27 #96 3412 NE 21st St Red maple 10 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
28 #92 3406 NE 21st St Red maple 12 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
Due February Monday,February 19,2018 2017 Honeycreek HOA Tree Contract This Sheet Must Accompany Your Bid
Tree# Inv ID Address Species DBH Treatments
29 #98 3400 NE 21st St Red maple-topped 8 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
30 #77 3400 NE 21st St Red maple-topped 8 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
31 #00 3400 NE 21st St Red maple-topped 10 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
32 #03 3400 NE 21st St Red maple-topped 11 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
33 #95 3400 NE 21st St Red maple-topped 10 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
34 #99 2126 Newport Ct NE Red maple 8 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
35 #69 2119 Newport Ct NE Red maple 8 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
36 #87 2101 Newport Ct NE Red maple-topped 8 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
37 #88 2101 Newport Ct NE Red maple-topped 7 Remove:grind stump&root area 12 ft,remove grindings,add topsoil,& seed/sod.
38 #73 2101 Newport Ct NE Red maple-topped 7 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod.
39 #90 2101 Newport Ct NE Red maple-topped 7 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod.
40 #89 12504 NE 21st on SE 125 Red maple 12 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
41 76 3501 NE 23rd CT Red maple 10 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
42 79 3501 NE 23 Ct Red Maple 8 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
43 80 3501 NE 23 Ct Red Maple 11 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
44 69 3501 NE 23 Ct Red Maple 8 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
45 70 3507 NE 23 Ct Red Maple 8 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
46 #75 3508 NE 23rd CT Red maple 12 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
47 #60 3501 NE 24th CT Red maple 11 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
48 #80 3501 NE 24 Ct Red maple 11 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
49 #62 3507 NE 24th CT Red maple 8 Remove:grind stump&roots entire area,remove grindings,add topsoil,& seed/sod
50 #11 3525 NE 24th CT Red maple 8 Remove:grind stump&roots entire area,remove grindings,add topsoil,& seed/sod
51 #08 3524 NE 24th Ct Red maple 9 Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
52 #68 3506 NE 24th Ct Red maple 10" Remove:grind stump&roots,remove grindings,add topsoil,& seed/sod
tf 01.29.18