HomeMy WebLinkAboutContract CAG-19-147
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SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the third day of May, 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 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 June 3, 2019 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 $18,935.40 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.
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.
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PAGE 4 OF 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,
htto://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:
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PAGE 5 of 7
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
PAGE 6 OF 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: i
Enter Signer Name nter Signers Name
Enter Sign is Title o»fNuN/ j SERinc 5 Enter Signer's Title
1055 South Grady Way /+'Pm/Nr, M
-7744
Renton, WA ///7
S Poi
Date Date
Atte:
Jaso A. Seth
City C -
Approved as to Legal Form
By:
Enter City Attorney Name <Jhan.e./YJd/an 1
Enter City Attorney Title Ce kltiVyt ey
Non-standard
3/28/19 clb 724
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PAGE 7 OF 7
City of Renton Community Services Department
Tree Maintenance Services
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.)
Bid Due Date: Monday,April 22,2019 by 5:00 P.M.
Introduction
The City of Renton requests services to perform tree maintenance work in the Ferndale Homeowners
Association Neighborhood (see listing below).
All trees for removal will be marked by the City using a white paint spot at the base of trees. Additional
requirements of the work are included below. It is your responsibility to read these requirements
thoroughly and to become familiar with each site location work is assigned in relation to the amount
and type of work involved to complete.
Project completion date:Monday,June 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.
See the attached contract for specific requirements.
• Include with the first invoice the company's intent to pay prevailing wage rates and submit the
affidavit to pay prevailing wage rates at the completion 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.
• Provide traffic control equipment which meets the Manual of Traffic Control Devices
requirements for each job location.Traffic Control Plan applications must be completed for
each location and approved by the City's Traffic Engineer. Please see
https://re ntonwa.gov/cros/one.aspx?pageld=9340500
• If using subcontractors,such as contracting for traffic control, Contractor shall provide
prevailing wages information for the subcontractor and their intent to pay prevailing wages
and the affidavit of wages paid.
• Equipment and experience in lowering tree parts using ropes and other devices to prevent
damage to turf, plants,sidewalks,curbs,streets,signs, benches,fences and all other structures.
City of Renton Community Services Department
Tree Maintenance Services
AttachmentA—Scope of Work Page 1
• Locations left incomplete at the end of the work day shall be barricaded to access from the
public.
• Contractor shall submit information on tree maintenance equipment to include at least the
following:
o Bucket truck with length of boom extension
o Horsepower of chipper and type
o Log-loading equipment
Preferred Qualifications of Contractor and Tree Workers
• International Society of Arboriculture(ISA)Certified Arborist.
• Familiarity with and adherence to:
o American National Standard for Arboricultural Operations—Safety Requirements,ANSI
Z133.1-2006 or newer.
o American National Standard for Tree Care Operations—Tree,Shrub,and Other Woody
Plant Management—Standard Practices(Pruning),ANSI A300(Part I)-2008 or newer.
• Tree Care Industry Association Membership.
Project Area Specifications—Prior to Beginning Work
• Traffic Control Plan Approval—please see http://rentonwa.Qov/living/default.aspx?id=880.
• On-site meeting with City to review operations, public safety plan and traffic control plan.
Tree Removal Specifications
• Contractor responsible for contacting locating services in advance of stump grinding, or other
excavation 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 in the greater vicinity of the work area.
• Remove all stump and/or root grinding debris. The hole left from stump grinding can be
temporarily covered with stump debris that is made level with surrounding grades until such
debris can be removed and replacement soil added.
• Stump debris shall be completely removed from the resulting holes, replaced with high quality
topsoil(less than 3%organic matter), lightly compacted,graded to match existing grades,and
the area seeded. Soil should be lightly raked to mix with seed and a high-quality compost(no
wood chips or stump grindings) broadcast lightly over the seed to cover or covered with hydro-
seed material. Non-netted sod is required when sod is indicated. Sod shall be laid so that no
gaps occur between rolls.
• Where"treat stump" is indicated,this means to apply an approved herbicide to the cut stump
within two(2)minutes following the removal of the last stump section.
• 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
City of Renton Community Services Department
Tree Maintenance Services
Attachment A—Scope of Work Page 2
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. Contractor is responsible for all damage that occurs to property to the complete
satisfaction of the property owner.
• Use of cranes or other heavy equipment shall be approved in advanced by the Project
Manager. The use of materials(e.g. mats)that eliminate or minimize site damage is required.
• Use of ropes to lower tree sections is required in order to prevent unnecessary damage to turf,
plants,adjacent trees, all street,park or facility infrastructure and private property. Time and
materials to repair damage from operations where tree parts were not safely lowered using
ropes or other devices shall not be reimbursable.
• Repairs shall be to pre-existing conditions or better. The Project Manager will determine the
extent of repairs from damage as a result of tree maintenance activities.
• All depressions created as the result of operations shall be made level with existing grades using
high quality topsoil and seeded or sodded.
• Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility
of the contractor.
Tree Pruning Specifications
• Only an ISA Certified Arborist shall prune trees. Non-certified workers are prohibited from
pruning trees.
• Pruning cuts shall be made outside the branch bark ridge and branch collar. Cuts generally
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.
• Pruning deadwood 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.
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 may be dumped at a City designated
facility with advance approval by the Manager(this is not a guarantee that a site will be
available).
• All wood debris shall be recycled to the fullest extent possible.
• The attached short form contract agreement will be used to execute the work.
• The Contractor reserves the right to refuse projects considered too hazardous to perform.
Invoices
• Invoices should be submitted to:
City of Renton Community Services Department
Tree Maintenance Services
AttachmentA—Scope of Work Page 3
Ian Gray, Urban Forestry and Natural Resources Manager Community
Services Department,6th Floor
1055 South Grady Way
Renton,WA 98057
Email: igrav@rentonwa.gov
Telephone:42 5-43 0-6600
• Invoices should contain the following information to prevent a delay in processing:
o Contractor name,address and telephone number
o Contract Number—assigned upon execution of agreement
o Unique Invoice Number
o Date work performed
o Location where work was performed
o Amount due,Washington sales tax and total amount due
o Washington Department of Labor and Industries Intent to Pay Prevailing Wage Statement
with first invoice.Affidavit of Wages Paid Statement for each invoice thereafter. Failure to
submit these forms may delay processing of invoices.
• Bid Submission(sealed bid or by email)
o Please complete the following and submit to:
Ian Gray, Urban Forestry and Natural Resources Manager
1055 South Grady Way
Community Services Department
6th Floor
Renton,WA 98057
Or
igrav@rentonwa.gov
Please submit the above information by Monday,April 22,2019 by 5:00 P.M.
City of Renton Community Services Department
Tree Maintenance Services
Attachment A—Scope of Work Page 4
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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.
Bidder's B siness N
Si at of Authorized 0fficial*
/#i4cL friet
Printed Name
Title
as2- C36 if sTi7-6-(="A"u/
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(or any other corporate
officer accompanied by evidence of authority to sign).If a co-partnership,proposal must be executed by a partner.