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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 Page 2 of 10 0 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 Page 3of10 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. Page 4of10 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 Page 5 of 10 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 Page 6 of 10 '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. Page 7of10 0 • 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. Page 8 of 10 • • 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 Page 9of10 4 • 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 Page 10 of 10 4 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