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HomeMy WebLinkAboutContract CAG-19-064 t • 1'FN10 SMALL WORKS CONTRACT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the 21 day of February, 2019, (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"), and Lance Gregory Malmberg d/b/a Stumpy Tree Service, a sole proprietor ("Contractor"), who are collectively referred to as the "Parties", to remove 4 trees, and organic material in close proximity of W. Perimeter Rd. 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 Renton's Scope of Work and Contractor's Proposal which are attached and fully incorporated into this Agreement by reference as Attachments "A" and "B," respectively. 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 the 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 15 calendar days after the Agreement's Effective Date. Contractor shall complete performance 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 30 calendar days from the Effective Date. 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 $1,760.00 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 ORIGINAL 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 issatisfactory. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected officials, officers, agents, employees and volunteer5, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable atturne��fees, legal expenses and litigation cost4arising fronninjury or death topersons, including' \injuries, sickness disease or death of Contractor's oxvnernp|oyees, agents and mU ' ' 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 toR[VV 4.24.115. /Va|idhyofe�re�rnentto indemnify against liability for negligence relative to ' et ofstructureorinnprovernentattachedtorea| construction, a�eradon, innprovennen� c, 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. |tis further specifically and expressly understood that the indemnification provided inthis Aereernentc0nst�ute�on�raCto/svvaixeroyinnmmunity under the Industrial Insurance Act, ~R[NTit|e 51, solely for the purposes of this indemnification. The Parties have nutuaUy negotiated and agreed to this waiver. The provisions of this section shall survive the expiration nr 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 pccurrence/$2,O0O,8OO aggregate for the Term of this Agreement. b. Professional liability insurance' in the nnininnurn amount of 51'000,000 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 besecured. d. |tis agreed that on Contractor's commercial general liability policy,the City ofRenton will be named as an Additional Insured on a non-contributory primary basis. Renton's insurance policies shall not be a source for payment Pf any Contractor liability. m. 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. .'.�` � PAGE zmy �� � ' 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 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 410 PAGE 3 OF 9 Washington State Department OY Labor and industries, n �wa.-- \ i pov/Tra�esLicensino/P,evV�aAe/defau|\ asp kt�p�//uvwv«� , ~ � . 13' Record KeapinRand Reporting: Contractor shall maintain accounts and records, which properly reflect alldirect and indirect costs expended e and Services provided in the performance of this AcrecrnenL The Contractor agrees to provide access to and copies of any records related t-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 RCVV)' 14` Public Records Compliance. To the full extent the City determines necessary tmcomply 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, c'rnaU, correspondence, notes saved messages, record\ngs' photos, or drawings and provide thenmto ' Contractor a�o believes the{]tyfor production.|n the event evessaid records need tobeprotected from disclosure, it shall,at Contractor's own expense, seek judicial protection. Contractor shall indemnify, defend,and hold harmless the City for oU costs, including attorneys' fees' | d t Public Records Act request for vvhich attendant to any claim or litigation related o a u 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 those d�ar�protect��bvcoVr1order Records Act request inadmne)ymnanner,unless o��re�or . . 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 ofRenton 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 uo posted in the United States mail shall be deemed received three(3)calendar days after the date of mailing. This Agreement shall be administered � �d � t� undersigned indiVi�u�|�or designees. �y�n� �nyno�i�e�� �u be �the . 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 and ordinances. A copy ofthis language must be made a part of any contractor or subcontractor agreement. � PAGE 4v"y 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 agSinst.fine 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. 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 ,9A4(1 ,07 Gregg , i merman, P.E. Public orks Administrator loss South Grady Way Renton, Washington 98057 ail �r 2.1 L i l;_a I 4 „rep ,,„,, W //'z,V , ar.� gr,ku/ Arr- t It'tit I eiti ni�il7m PAGE 5 OF 9 4111111101110, Date Date Approved as to Legal Form Shane Moloney Renton City Attorney 3 Date Contract Template Updated 09/13/2018 RAG!6 OF 9 ATTACHMENT A SCOPE OF WORK The Renton Municipal Airport requires removal of four trees located at approximately 500 West Perimeter Rd, Renton,WA 98057. These trees appear to be dead, and entrapped in vines and blackberry bushes as pictured. The trees shall be removed(through any reasonable means ie.chipper,flatbed, or the like); root structure can remain. This job may require the closure of lane(s)of traffic on Rainier Ave, or closure of Perimeter road. A TCP will be required,however only Rainier Ave will require a permit through the City of Renton (which Airport staff can assist in). Information on the trees is as follows: #i Pacific Willow;decay, hollow, dieback,Top broke out,wisteria vines #2 Red Alder; dead tree, 2 Stems, Sloughing Bark #3 Pacific Willow; Damage by storm, Decay, hollows, leaning tree, Failure, leaning east into Perimeter Rd. #4 Pacific Willow; Decay, hollows, leaning tree, structural problems, Multi Stem Trees are to be removed near grade, all resulting brush and wood debris shall be removed and hauled off site. Vines may be slashed to lay flat on hillside. de .. . V,N"� � \ , V2,: • qo PAGE 1 GF 9 .... .., 7,• .-..,,F„ .. * ' ( f' • I *, ..', 11, fl:Ntiko"...,, ' ,seivir,• ,,,::., .,- 1.,i,,„,,, V • .x..... • :•1••,„ 4. . ..1,... , . . \P1 ii.7v,,,,d• 41,,, • •-.' ttkt:' .U. X" l',#1. 4' •1' ' ^.% ,. 4"..f '1:it'''I* ' •I .' 1'.• * ,, ,...izsit,,, • ...'.',••, -,.."./st,,,,.-'4* ' „N.• . 43' . '''',....‘•,,,k1' . i• . ,. • ; . c . . , e• 40- ..... „.. , „,, • .• .^)* .... . ._ . .. *ii., 1 '‘ i' . '7 , - -, • , . -. .,, • , , . , — • . .- • -, • - • • • .. •• • • , .. . • ", r.- ..- • ----". ' ., 1 .*,7' " ' .,*4„,fi'.' .-..•....,:i' *- .....i ,.... ,•,. - ... •••"7il i„......,,..‘.,ewt,:w4;44;e1-1,4,:?,,,zot--+0,, .. 14;‘-4-• •71:1-2-1,, ":, .7-, . - .,.1°1 r., 0.4 , PAGE 8 OF 9 ATTACHMENT B SiI,V 'FP ; January 29,2019 9220 105th Ave Ct SW, Tacoma,Washington 98498 "Our goal at Stumpy Tree Service is to he as clear and transparent as possible. Unlike other arborists who low quote and then, mid-joh,pressure you with hidden costs, our uncompromising ethics provide you with an itemi:ed quote that can he customi:ed according to your needs. —Lance Malmberg BM To Ship To Customer: Renton Municipal Airport N/A f,West Perimeter Rd Renton.WA Address: Phone: Payment Due: When work is finished Period of Performance: Addressed to: Lance Malmberg Delivery Method: Payment Terms: Check Qtv. Service Description Unit Price Total 1 Removal ores Trees and removal of material I,tioo.m) 2 4 Subtotal 1,600.00 Sales'Fax 160.00 Total S1,760.00 .3torTipy Tr 5e2cvic,: Cutroructiun Contractw; Tree Reincsval S,gvjt e,Ljtt,itj 14STU5IP7'S880111' Stumpy Tree Service is rated in the lop 30%of W.4 Saw Contractors PROGRESS/YE i'mgrris.ve COMMERC/AL lu Box 94/3`; Cleveland,0)1 4:1q01 -‘9•C\St-.99:/-2,53‘.ri Poky monitor ea 17&995-0 umitivri"tteliLiv unilea financial Lewak Company 5ep:embet 18.20)11 1'09c o' I Certificate of Insurance Certificate Holder LAMA. MALMBLW.J 9220 105TH AVE Cl SW iACOMA.WA 9FIr198 Insured Agora LANCE G MALMBERG PROG COMMERCIAL STUMPY FREE SERVICE PO BOX 9(1739 9210 10Lil HAW(1 SW CLEVELAND,OH 44101 TACOMA.WA 98498 This document certifies that insurance policies identified below have been issued by the designated insurer to the instiied named above for the period(s)indicated This Certificate is issued for information purposes only. It confers no rights upon the(owitateltdide,and dot's not chafTe,alter. modify,or extend tire coverages afforded by the policies listed below, The(Jaw:rages afforded by the pokies listed below are subject to all the terms,exclusions,limitations,endorsements,dud conditions of mese policies policy Ffferlyr Dritr. Sep In,2018 POI'CY ExPlfiltiOn Date Ma r i 8,2019 Insurance coverage(s) limits Bodily lopy/Piopeity Udi•kige 52,000,000 Combined Single timi; Underinswed MOIOn5113011ily fliiiy 550.00015100.000 Ie,sonxiInomy ozeoloi, 510,000 Description of Location/Vehicles/Special Items Scheduled autos only 1075 FORD F 2SO F2SP/44238 Roadside Assistance Selected Certificate number 26118A1189; Business License 1055 South Grady Way Renton,WA 98057(425)430-6851 • Renton License#: 42449 WA State UBI# 603172363 Expiration Date: 1/31/2020 STUMPY TREE SERVICE 9220 105TH AVE SW TACOMA WA 98498 LICENSE MUST BE POSTED IN THE PLACE OF BUSINESS FOR WHICH IT IS ISSUED BELOW BUSINESS LICENSE NON-TRANSFERABLE Renton Business License#:42449 WA State UBI# 603172363 Expiration Date; 1/31/2020 STUMPY TREE SERVICE 9220 105TH AVE SW TACOMA WA 98498 Mayor,Dens lbw ASDAdrninistrator.Jan Hawn Licensee has applied for a City of Renton business license in accordance with Renton Municipal Code(the Code),Title V Business. Chapter 5 Business License The Licensee agrees to,comply with all requirements of the Code,as well as State laws and regulations applicable to the business activity licensed. LICENSE MUST BE POSTED IN THE PLACE OF BUSINESS FOR WHICH IT IS ISSUED 1055 S Grady Way.Renton WA 98057 (425)430-6851 ticensing©rentonwa gov