HomeMy WebLinkAboutContract CAG-18-091
R CITY OF
_____________----- enton
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SMALL WORKS CONTRACT AGREEMENT
TREE MAINTENANCE SERVICES
THIS AGREEMENT ("Agreement") is made as of the 4 day of , 2018, (the "Effective
Date") by and between the City of Renton, a non-charter code c. 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 at various addresses within the
city. 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 30, 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 $27,500.00 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:
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.
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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
Contractor's employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor's obligation and responsibility.
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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.
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.
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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.
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
gai P
Kelly Beyrer,Ad /nistra'r Lance Malmberg, r
1055 South Grady Way Stumpy Tree Service
Renton,Washington 98057 9220 105 Avenue Court SW
Tacoma,WA 98498
425-233-9933
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ir
Shane Moloney J.••n Seth
Renton City Attorney Re ton ity Clerk
Date 5-1/l LC i g Date
Contract Template Updated 05/30/2017
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City of Renton
2018 Tree Maintenance Services Project Listing
Telephone
Contractor Name Address Number
Tree No. COR Ref. Address Species DBH Treatment Notes
720 Jones Ave S-Philip
1 #95 Arnold Park Big leaf maple 33" Prune:dead branches Between r.room/picnic shelter
2 #85 Big leaf maple 32" Prune:dead branches East of shelter
3 #84 Big leaf maple 23" Prune:dead branches in playground area SE of shelter
4 #93Big leaf maple 30" Prune:dead branches in playground area SE of shelter
5 65 Big leaf maple 25" Prune:dead branches in playground area SW of playground
6 #63 Big leaf maple 21" Prune:dead branches in playground area S edge of playground
7 #59 Big leaf maple 17" Prune:dead branches in playground area NW of playground
8 96 Big leaf maple 26" Prune:dead branches in playground area NE of playground
9 #00 Big leaf maple 33" Prune:dead branches in playground area W of plot/NE from B8 court
10 #98 Big leaf maple 31" Prune:dead branches in playground area NE of bb court
11 #99 Big leaf maple 28" Prune:dead branches W of plot/NE from BB court
NE of playground,S of r.room,
12 93 Big leaf maple 37 Prune:dead branches NW of shelter
13 #61 1 Big leaf maple 26" Prune:dead branches SW of playground
14 #24 Big leaf maple 18" Prune:dead branches NW of playground,E of Jones
15 #82 Big leaf maple 34" Prune:dead branches NW corner of tennis court
Prune:dead branches,and evaluate
16 #81 Big leaf maple 28" integrity. N.of tennis courts
I Prune:dead branches,and evaluate
17 #79 1Big leaf maple 69" integrity E of 913 Jones
Prune:dead branches,and evaluate
I
18 74 !Big leaf maple 36 integrity SW of tire swing
N of tennis courts,SW of tire
19 #73 Big leaf maple 18" Prune:dead branches swing
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City of Renton
2018 Tree Maintenance Services Project Listing
Tree No. COR Ref. Address Species DBH Treatment Notes
20 16 Big leaf maple 21 3 stems.Prune:dead branches SW of tire swing
2 stems.Prune:dead branches and for
21 #67 Big leaf maple 33" structure. E of 909 Jones
4 stems.Prune:dead branches and prune SW of tire swing,need to update
22 #72 Big leaf maple 21" for structure. record
23 #91 Big leaf maple 49" Prune:dead branches SE of tire swing
24 #71 Big leaf maple 48" Prune:dead branches West of tire swing
25 77 Big leaf maple 48 Prune:dead branches North of tire swing
26 81 Big leaf maple 28 Prune:dead branches North of tennis court
27 48 13527 156 Avenue SE Cottonwood 52" Prune:dead branches and for structure
28 55 Cottonwood 41" Prune:structural
17818 98th Ave S Big leaf maple 12" Prune:dead branches,clearance of light
29 16 and parking. Multi-stem
30 7 Big leaf maple 22" Prune:clearance from building.
31 Remove:Low stump,treat stump,leave
8 Big leaf maple 9" debris.
32 Remove:Low stump,treat stump,leave
10 Big leaf maple 12' debris.
33 Remove: Low stump,treat stump,leave
12 Big leaf maple 13" debris.
Prune:extended limbsnorth side,above
34 13 Black Cottonwooc 70" yard,hangers.
35 #71 Big leaf maple 11" Remove:Low stump,leave debris.
36 26 PID 1823059263 Douglas fir 23" Prune:street clearance E of 1101 Burnett PI 5
37 71 Red maple 18" Prune:street clearance E of 88 Burnett PI S
38 72 Red maple 18" Prune:street clearance E of 88 Burnett PI S
39 74 Pin oak 20" Prune:street clearance E of 78 Burnett PI S
40 56 120 Factory Ave N Eastern Redbud 12" Prune:structural On Factory
41 59 Eastern redbud 16" Prune:street clearance On Factory
Remove:grind stump,remove grindings,
42 61 Eastern Redbud 12" add topsoil and mulch. On Factory
Remove:grind stump,remove grindings,
43 78 Eastern Redbud 11" add topsoil and mulch. On N Brooks St
44 76 Eastern Redbud 18" Prune:street clearance and structure On N Brooks St
45 75 Eastern Redbud 12" Prune:street clearance and structure On N Brooks St
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City of Renton
2018 Tree Maintenance Services Project Listing
Tree No. COR Ref. Address Species DBH Treatment Notes
46 74 120 Factory Ave N Eastern Redbud 15" Prune:street clearance On N Brooks St
47 73 Eastern Redbud 12" Prune:street clearance On N Brooks St
Thin to 1 stem;prune for clearance over
48 30 126 Logan Ave S Shumard oak 13 street/sidewalk On Burnett PI.S.
Thin to 1 stem;prune for clearance over
49 31 Shumard oak 15 street/sidewalk On Burnett PI.S.
Remove:grind stump,remove grindings,
50 7 19013 102 Avenue SE Big leaf maple 45 add topsoil and mulch.
Total Costs(include State Sales Tax at 10%of total costs)
Total Costs SST Grand Total
tf.1.29.18
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City of Renton Community Services Department
2018 Tree Maintenance Services Project
Attachment A—Scope of Work
Project Manager: Terry Flatley, Urban Forestry and Natural Resources Manager
Contact Information: tflatley@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 seven locations around the city.The work
includes the removal of 7 selected trees and pruning of 43 trees. Please see the attached spreadsheet
for each address and tree.
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 and the work assigned.
Please use the spreadsheet to submit your lump sum costs by filling out your name,address and phone
number at the top and placing your total costs on the last line.
Bids are due by 5:00 P.M.,Monday,February 26,2018.
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 May 21,2018.
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.
• 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.
• Use of traffic control equipment which meets the Manual of Traffic Control Devices
requirements for each job location.
City of Renton Community Services Department
2018 Tree Maintenance Services Project
Attachment A—Scope of Work Page 17
• 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 Removal Specifications
• 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,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 using 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
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 compost broadcast lightly
over the seed to cover or covered with pre-approved materials.
City of Renton Community Services Department
2018 Tree Maintenance Services Project
Attachment A—Scope of Work Page 18
• 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 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 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.
• All depressions created as the result of operations shall be made level with existing grades using
high quality topsoil and seeded or sodded.
• 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.
• 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.
City of Renton Community Services Department
2018 Tree Maintenance Services Project
Attachment A—Scope of Work Page 19
• 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; 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 will be used to execute the work.
Invoices
• 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 Each address and location where work was performed
o Amount due,Washington sales tax and total amount due
City of Renton Community Services Department
2018 Tree Maintenance Services Project
Attachment A—Scope of Work Page 110