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2019 WINTER/SPRING TREE MAINTENANCE AGREEMENT
THIS AGREEMENT ("Agreement") is made as ofe't/ '� , ,2019, (the
"Effective Date") by and between the City of Renton, a (on-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 Stumpy Tree Service,
("Contractor"), who are collectively referred to as the "Parties", to provide tree
maintenance services. 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 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 September 3rd, 2019 from the Effective Date. This Agreement
may be extended to accomplish change orders, if required, upon mutual written
agreement of Renton and Contractor.
S. Agreement Sum: The total amount of this Agreement is the sum of $86,460.00 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/ Retainage/ Bonding: 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.
A. For Agreements over$150,000:
Pursuant to RCW 60.26 and 39.08 The City requires a 5 % Retainage be withheld
and that the Contractor will provide a Performance and Payment (Contract) Bond
on the City approved form upon execution of the Agreement. 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.
B. For Agreements under$150,000
Pursuant to RCW 60.26 and 39.08 The City requires a 5 % Retainage be withheld
and that the Contractor will provide a either a Performance and Payment
(Contract) Bond on the City approved form upon execution of the Agreement or
waive the payment and performance bond and instead the City will retain 10%.
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, (Unless the contractor waives the
payment and performance bond below and opts for a 10% retainage below.)
Contractor must pick one —if contractor does not pick one then 5% with contract
bond is required:
To provide a payment and performance bond (contract bond) in the
amount of 100%of the estimate including taxes with a 5% retainage.
or
To waive a payment and performance bond (contract bond) and instead
the city will retain the remaining 10% will be retained for the purpose of
completion of the project and fulfillment of claims and liens.
C. For limited Public Works Contracts under $35,000
For limited public works projects, the City chooses to waive the payment and
performance bond requirements of chapter 39.08 RCW and the retainage
requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors,
material, persons, suppliers, and taxes imposed under Title 82 RCW that may be
due from the contractor for the limited public works project, however The City
shall have the right of recovery against the contractor for any payments made on
the contractor's behalf.
D. 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.
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PAGE 2 of 7
E. Final Acceptance. Final Acceptance of the Project occurs when the Public Works
Director has determined that the Project is one hundred percent (100%)
complete and has been constructed in accordance with the Plans and
Specifications.
F. Payment in the Event of Termination. In the event this Contract is terminated by
the either party, the Contractor shall not be entitled to receive any further
amounts due under this Contract until the work specified in the Scope of Services
is satisfactorily completed, as scheduled, up to the date of termination. At such
time, if the unpaid balance of the amount to be paid under the Contract exceeds
the expense incurred by the City in finishing the work, and all damages sustained
by the City or which may be sustained by the City or which may be sustained by
the reason of such refusal, neglect, failure or discontinuance of Contractor
performing the work, such excess shall be paid by the City to the Contractor. If
the City's expense and damages exceed the unpaid balance, Contractor and his
surety shall be jointly and severally liable therefore to the City and shall pay such
difference to the City. Such expense and damages shall include all reasonable
legal expenses and costs incurred by the City to protect the rights and interests of
the City under the Contract,
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.
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PAGE 3 OF 7
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.
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.
PAGE4OF 7
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
Washington State Department of Labor and Industries,
http://www.lni.wa.gov/TradesLiconsing/ProvWage/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:
PAGE 5Or7
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 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.
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
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PAGE 6 Or 7
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
By: Alticrfajteji
Denis Law ce M erg
Mayor, City of Renton Owner, Stumpy Tree Service
1055 South Grady Way
Renton, WA 98057 5/s,—/0-6}l
I
Date Dat
Attest
Jas A. Seth
Ci Clerk
Approved as to Legal Form
By:
Shane Moloney
City Attorney
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PAGE 7 OF 7
City of Renton Community Services Department
2019 Winter/Spring Tree Maintenance Services Project
Attachment A—Scope of Work
Project Manager: Ian Gray, Urban Forestry and Natural Resources Manager
Contact Information: igray@rentonwa.gov;425-430-6600(Monday through Friday;8:00 A.M.—5:00
P.M.)
Introduction
The City of Renton requests tree maintenance services at 33 address locations around the city.The work
includes the removal of 67 selected trees,grind 5 stumps,and pruning of 37 trees. Please see the
attached spreadsheet for each address and tree.
All trees for removal are 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 and the work assigned.
Please use the spreadsheet to submit your lump sum costs by filling out your name,address and phone
number and total costs on the form provided on the last page of the spreadsheet. Please return all
sheets to have your bid considered.
Bids are due by 5:00 P.M.,Tuesday,April 23,2019.
Time of Performance
This project shall begin within 30 business days of the full execution of the contract and shall be
completed not later than September 3,2019.
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.
• 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 with the final invoice.
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.
• Use of traffic control equipment which meets the Manual of Traffic Control Devices
requirements for each job location.
City of Renton Community Services Department
2019 Winter/Spring Tree Maintenance Services Project
Attachment A—Scope of Work
• Possess the 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—provide names and certification
numbers.
• 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 the Project Manager or representative to review operations, public safety
plan and traffic control plan.
• Tree Locations—to view the trees in Renton's Tree Inventory: Rentonwa.gov/How Do I?/Find/Map
&GIS Data,then select Tree Inventory.Search by address or parcel number,zoom to see details.
Note:A special map is included herein for trees located in Teasdale Park.
Tree Removal Specifications
• Contractor shall be responsible for contacting locating services in advance of stump grinding
work by calling 811.
• Contractor must have staff that are line clearance certified or have access to line clearance
certified personnel for locations indicated on the spreadsheet.
• 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,and surface roots,unless indicated otherwise.
• Where debris is indicated to remain on site,stump heights and branches shall be no higher than
12 inches above grade.All tree stems and trunks shall lie flat on the ground.
• Stumps and surface roots shall be ground to a minimum depth of 9 inches below existing grade, if
no curb and sidewalk,or sidewalk grade when present.Stump and roots should not be visible in
turf and along curbs and sidewalks,following grinding. Hand grubbing is required to remove roots
too close to hard surfaces for grinding equipment.
• Remove all stump and/or root grinding debris, unless indicated otherwise. The hole left from
stump grinding can be temporarily covered with stump debris that is made level with
City of Renton Community Services Department
2019 Winter/Spring Tree Maintenance Services Project
Attachment A—Scope of Work
surrounding grades until such debris can be removed and replacement soil added.
• Stump debris shall be completely removed from the resulting holes, replaced with high quality
topsoil(less than 3%organic matter),graded to match existing grades, lightly compacted, and
the area seeded. Soil should be lightly raked to mix with seed and a high quality compost
product broadcast lightly over the seed to cover.
• 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 and the property owner.
• Use of cranes or other heavy equipment shall be approved by the Project Manager in advance of
submitting bids.
• The use of materials(e.g. mats)that eliminate or minimize site damage is required.
• Use of ropes to lower tree sections are 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.
• All depressions created as the result of operations shall be made level with existing grades using
high quality topsoil and seeded or sodded and top-dressed with a high quality compost product.
• 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.
• Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility of
the contractor.
Tree Pruning Specifications
• Only an ISA Certified Arborist shall prune trees. Non-certified workers are prohibited from
pruning trees.
• Minimum height following pruning shall provide for the following:
o Street and Pathway—not less than 15 feet over the roadway
o Clearance pruning around signs should provide unobstructed view to sign for the next 5
years.
• Pruning cuts shall be made outside the branch bark ridge and branch collar. Cuts should be at an
angle of 45 degrees from the branch bark ridge.
• No stub-cutting or heading of branches is permitted. Prune branches to branch nodes only.
• Remove entire branches whenever possible or if lion-tailing will be the end result.
• Do not prune more than 25%of the total live crown unless authorized by the City.
• Pruning dead branches means to remove 100%of dead twigs and branches.
• The use of spurs to access trees and gas-powered pole saws(stick saws)to make pruning cuts
are prohibited.
City of Renton Community Services Department
2019 Winter/Spring Tree Maintenance Services Project
Attachment A—Scope of Work
• Use of ropes to lower tree sections should be considered in order to prevent unnecessary
damage to turf, plants,adjacent trees, netting,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 compensated.
• 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 pruning activities.
• All depressions created as the result of operations shall be made level with existing grades using
high quality topsoil and seeded or sodded.
• Full site and off-site clean-up similar to conditions prior to beginning work is required.
• Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility of
the contractor.
• Pruning around street lights shall be performed with the end result that no branches are in the
way of lights shining to the ground in a triangular illumination pattern.
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 provided the Project Manager approves in advance; incidental leaves are acceptable.
Conifer chips are not allowed to be dumped at such facilities.
• All wood debris shall be recycled to the fullest extent possible.
• Use of mats or plywood is mandatory when soil conditions are wet.
• The attached short form contract agreement is an example of the contract used to execute the
work.
Invoices
• Invoices should be submitted to:
Ian Gray, Urban Forestry and Natural Resources Manager
Community Services Department,6th Floor
1055 South Grady Way Renton,
WA 98057
Email: igray(c@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 was performed
o Each address and location where work was performed
o Amount due,Washington sales tax and total amount due
City of Renton Community Services Department
2019 Winter/Spring Tree Maintenance Services Project
Attachment A—Scope of Work
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This form must be submitted with the Bid Proposal.
Certification of Compliance with Wage Payment Statutes
The bidder hereby certifies that, within the three-year period immediately preceding the bid
solicitation date, the bidder is not a "willful"violator, as defined in RCW 49.48.082, of any provision
of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of
assessment issued by the Department of Labor and Industries or through a civil judgment entered
by a court of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
Sq-“,„4,-rus i -tA- ;v
Bidder's B siness N
Si at of Authorized Official*
‘..014 Ck.-- frith/0:Vt.-
Printed Name
W`i✓tiv
Title
to City State
Check One:
Sole Proprietorship Partnership ❑ Joint Venture❑ Corporation ❑
State of Incorporation,or if not a corporation, State where business entity was formed:
If a co-partnership, give firm name under which business is transacted:
*If a corporation,proposal must be executed in the corporate name by the president or vice-president for any other corporate
officer accompanied by evidence of authority to sign).If a co-partnership,proposal must be executed by a partner.