HomeMy WebLinkAboutContract CAG-19-178
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2019 TREE WATERING AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the 17 day of V 4i1( , 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"), through its
Community Services Department and Water Buffalo, Inc. ("Contractor"), who are collectively
referred to as the "Parties", to provide watering services for street and park trees and shrubs.
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 Scope of Services 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 10 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 October 31,2019.This Agreement may be extended to accomplish
change orders, if required, upon mutual written agreement of Renton and Contractor.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or
without cause by giving ten (10) calendar days' notice to the Contractor in writing.
B. In the event this Agreement is terminated by the City, the Contractor shall be
entitled to payment for all hours worked to the effective date of termination, less all
payments previously made. If the Agreement is terminated by the City after partial
performance of Work for which the agreed compensation is a fixed fee, the City shall pay
the Contractor an equitable share of the fixed fee.This provision shall not prevent the City
from seeking any legal remedies it may have for the violation or nonperformance of any
of the provisions of this Agreement or from withholding payment for reasonably disputed
charges. No payment shall be made by the City for any expenses incurred or work done
following the effective date of termination unless authorized in advance in writing by the
City.
5. Agreement Sum: The total amount of this Agreement is not a guaranteed amount of
payment but rather is based upon City directed and properly invoiced watering services.
The total amount of this Agreement shall not exceed the sum of$75,000.00 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
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:
PAGE 2 OF 9
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.
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.
PAGE 3 OF 9
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.
The State of Washington prevailing wage rates applicable for this project,which is
located in King County, may be found at the following website address of the
Department of Labor and Industries:
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp
Pursuant to WAC 296-127-011,the applicable effective date for prevailing wage rates
paid for the duration of this contract shall be the date final bid proposals for the services
were due to be submitted.
Upon request,the City will provide a copy of the applicable prevailing wages for this
project.Alternatively, the rates may be viewed at the City of Renton City Hall by making
an appointment with the contact person identified herein or prior to contract award with
the contact person identified in the solicitation for bids.
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
PAGE 4 OF 9
from disclosure, it shall, at Contractor's own expense, seek judicial protection. Contractor
shall indemnify,defend,and hold harmless the City for all costs, including attorneys'fees,
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order.
15. Other Provisions:
a. Administration and Notices. Each individual executing this Agreement on behalf of
Renton and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of Renton or Contractor.
Any notices required to be given by the Parties shall be delivered at the addresses set
forth below. Any notices may be delivered personally to the addressee of the notice
or may be deposited in the United States mail, postage prepaid, to the address set
forth below. Any notice so posted in the United States mail shall be deemed received
three(3)calendar days after the date of mailing. This Agreement shall be administered
by and any notices should be sent to the undersigned individuals or their designees.
b. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
c. Assignment and Subcontract. Contractor shall not assign or subcontract any portion
of this Agreement without the City of Renton's prior express written consent.
d. Compliance with Laws. Contractor and all of the Contractor's employees shall perform
the services in accordance with all applicable federal,state,county and city laws,codes
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.
0
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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.
m. Notices. Any notices required by this contract shall be provided in person,by mail,
or electronic mail to the following:
City of Renton:Ian Gray Contractor:Phyllis Hanvold
Name or Title:Renton Urban Forester Name or Title:President,Water Buffalo Inc.
Address:1055 S Grady Way Address:21512 5 Prairie Rd E
Renton,WA 98057 Bonney Lake,WA 98391
Email:igrayr`ci�rentonwa.gov Email:waterbuffalo@netzero.net
IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of Effective
Date.
CITY 0. ' • CONTRACTOR
By: rip
I ky.�/ bVi/t/G Q} feS.
Denis Law Pt yl?Hanvold
Mayor,City of Renton President,Water Buffalo,Inc.
1055 South Grady Way
Renton,WA 98057 /7Il// G� &2� /f/i
Date (Q`' ( Date
Attest
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Jason .Se
City erk
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Approved as to Legal Form
By:...■ArA ."''
Shane Moloney
Renton City Attorney
Non Standard(28/2019)
PAGE 7 OF 9
Attachment "A" - Scope of Services
2019 City of Renton Community Services Department Tree Watering Listing.
In addition to the terms and conditions set forth in the Agreement:
1. Contractor to provide Tree Watering Services to the City of Renton as needed and
directed by the City for the period from the Effective Date through October 31, 2019 in
accordance with the Tree Watering Listing(Attachment A-1) or as otherwise directed by the City.
2. Contractor shall provide up to a 4,000 gallon tanker(validly licensed and insured) hose
truck with a water meter to include light bar for traffic control. Such truck shall be operated by a
qualified driver and assisted by a watering technician who is experienced and trained in species
applicable landscape watering methods and techniques. Watering shall be performed on a
consistent and efficiently managed schedule approved by the City.
3. Contractor is required to have a valid Renton business license.
4. The City will pay Contractor according to the below hourly rates as full compensation to
Contractor for all of Contractor's labor(including payment of prevailing wages), equipment,
overhead, supplies, incidentals, and other costs. The only costs not included within the hourly
rates below are costs paid by the Contractor to the City of Renton Public Works utilities division
for water meter rental and water usage incurred as necessary to provide the City services under
this Agreement.The City will reimburse Contractor for its actual costs paid to the City for water
and water meter rental as such costs are incurred to provide the Services. Contractor shall bill
the City only for time spent performing the services within the City of Renton (including filling
the water tank and performing the watering services). Travel time to and from Renton shall not
be charged.
a. Hourly Rate of$ 200.00 dollars per hour for sites that can be watered anytime, as
identified in the Tree Watering Listing or otherwise specified in writing by the
City.
b. Hourly Rate of$ 230.00 dollars per hour for sites best watered during the
weekend, as identified on the Tree Watering Listing or otherwise specified in
writing by the City.
PAGE 8 OF 9
Attachment A-1
2019 City of Renton Community Services Department
Tree Watering Listing
05 Thomas Times
Site No.of Guide per
No. Street Location Block Location Trees Watering Location Reference Notes Month
Sites Best Watered During the Weekend
1 Burnett Ave.Parking Lot Houser Way/S 5 St. 36 S4 to S5-islands p656,C3 Maples 4
2 Wells Ave.Downtown Between Cedar River/S 4 St. 23 Both sides of st. p656,C2 Maples,Parrotia-only small trees 2 _
3 S.4 Street Between Main/Williams 13 Both sides of st. p656,C3 Lindens-only small trees 2
4 Shattuck Ave.S Between S 2/S 4 Place 29 Both sides of st. p656,B2 Only small trees(linden,ash,s.ber 2
5 Shattuck Ave.S Between S 4 Place/Houser Way S Shrubs Both sides of st. p656,B2 Mahonia,rose and other shrubs 4
6 Whitworth Between S 2/S 3 St. 17 Both sides of st. p656,C3 Maples&Crabapples-small trees 2
7 Morris Between S2/S 3 St. 15 Both sides of st. p656,C2 Maples&Serviceberry 2
8 Main Between S2/S 3 St. 7 Both sides of st. p656,C2 Maples&Snowbells 2
9 Main Parking Lot Between S2/S 3 St. 1 NW corner of lot p656,C2 New elm tree 2
10 170 Main Avenue S Planting strip 2 West side of street p656,C2 Elm 2
11 S.4 Place Between Rainier/Shattuck 5 South side of st. p656,B3 Japanese tree lilacs 2
Subtotal 148
Sites That Can Be Watered Anytime
12 Park Avenue North Between N 1 Street to N.of N 7 St. 13 Both sides of street p656,C1/2 Various,smaller trees 2
13 Seahawks Sign Lk.WA.Blvd./N 44 St. 6 Sign p626,D2 Trees,shrubs&groundcovers 4
ICedar River Park 1717 Maple Valley Highway 4 Centennial Way p656,D2 Azaleas in boulevard near pool 4
1501 Orcas Ave(SR 169) 45 4 4
SE 164 Street East of 116 Avenue SE 7 South side of street p656,E6 Tupelos 4
12118 SE 168 Street East of 116 Avenue SE 1 North side of street p656,E6 Dogwood 4
Metro Sewer Plant 1200 Monster Road SW 6 East side of road p655,J4 Small street trees 2
Harrington Avenue NE Between NE 16/NE 10 Street 15 Both sides with improvmt. p626,F6 Black tupelo,shrubs,grasses,etc. 2
20 Harrington Avenue NE Between NE 8 PI/NE 7 St 4 East side of street Trees,shrubs,grass 4
21 Logan Avenue North From Cedar River to N 6 Street 24 East side of road only p656,Cl Trees,shrubs&groundcovers 4
North 3rd Street From Logan to Burnett 5 Both sides with improvmt. p656,Cl Trees,shrubs&groundcovers 4
North 4th Street From Logan to Burnett shrubs North side of street p656,Cl Shrubs&groundcovers 4
22 12130 SE 160 Street Lone tree east of address 1 North side of street p656,F5 Lone oak east of trail entrance 2
23 Williams Avenue South Cedar River south to Houser Way 6 Both sides of street p656,C2-C3 Only small trees(snowbell,lilac,etc 4
24 305 Burnett Ave S. Tree grate 1 West side of parking lot p656,C3 Parrotia 2
25 16812 116 Ave SE South side of SE 168 Street 2 Adjacent to ball field p656,E6 Dogwood and Serviceberry 4
26 Houser Way Bypass Blvd.NE of 420 Sunset Blvd.N 1 In center boulevard p656,El Water entire area 2
27 Lake Street Open Space 1511 Lake Avenue South 3 West side of Lake St. p656,B4 3 trees, 1 shrub 4
2019 City of Renton Tree Watering RFB Package 10 of 11
Attachment A-1
2019 City of Renton Community ServicesDepartment
Tree Watering Listing
600 Oakesdale Ave SW-closest North sie of street east
28 Black River Riparian Forest address 2 of Monster Road p655,J3 Tupelos 4
Subtotal 146
Grand Total 294
Watering Instructions
Trees require a thorough soaking-about 50 gallons per tree once per two week period.Avoid blasting water as this will make
holes in the soil.The Burnett Avenue parking lot location will require careful watering so water soaks into the soil and doesn't displace
the wood mulch.Water should be applied from the stem of the tree to out to the tips of the branches or beyond.
Some locations include watering shrubs and groundcovers as indicated in Notes section.
Additional locations will be added as needed as well as some sites may be removed from the list at any time.
Watering frequency may increase depending upon weather from 2 times per month to 4 times per month per site location,at request of City.
tf.4.2.19
2019 City of Renton Tree Watering RFB Package 11 of 11
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This form must be submitted with the Bid Proposal or as a Supplement to the Bid no later
than 24 hours after the time for delivery of 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.
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Bid is Business Name (2
Sigr(at1 sr Authorized official*
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Title
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Dat City State
Check One:
Sole Proprietorship ❑ Partnership El Joint Venture ❑ Corporation fio
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:
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*If o corporation,proposal must be executed in the corporate name by the president or vice-president(or any other corporate
officer accompanied by evidence of authority to sign).If a co-partnership,proposal must be executed by a partner.
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