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HomeMy WebLinkAboutContract CAG-19-163 qk • AGREEMENT with FORTERRA for VEGETATION MANAGEMENT and TRAIL MAINTENANCE at CITY of RENTON PARKS THIS AGREEMENT("Agreement") is made as of the t54" day of Mal , 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"or the"City"),through its Community Services Department and FORTERRA NW, a Washington public benefit corporation ("Contractor"), who are collectively referred to as the "Parties", to provide vegetation management and trail maintenance at Renton City parks and trails. 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 270 days from the Effective Date, or by December 31, 2019, whichever occurs first. 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 $12,750.00 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 applicable Services have been performed and a voucher or invoice is submitted in a form acceptable to Renton, which invoice(s) shall be submitted on a project or quarterly basis. A. Consistent with State law, Renton requires that either (1) a 5% retainage be withheld and the Contractor provide a payment and performance bond (contract bond) on a Renton-approved form upon execution of the Agreement or(2)the Contractor waive the bond in lieu of Renton increasing retainage to 10%, pursuant to Contractor's selection below. Payment of the initial 95% (or 90%) will be made in Renton's next pay cycle after receipt of Contractor's voucher or invoice. The remaining 5%(or 10%)will be retained for the purpose of completion of the project and fulfillment of claims and liens. Contractor must select one of the two options below; if Contractor does not make a selection, then Option 1 (bond +5% retainage) applies: (Option 1) Contractor provides a payment and performance bond (contract bond) in the amount of 100%of the estimate including taxes; 5% retainage applies. Or X (Option 2) Contractor waives the payment and performance bond (contract bond); 10% retainage applies. B. Renton shall have the right to withhold payment to Contractor for any such portion of work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. C. Payment in the Event of Termination. In the event this Agreement is terminated by the either party, Contractor shall be entitled to receive amounts due under this Agreement for the work satisfactorily completed, as scheduled, up to the date of termination. 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, or Contractor's breach of its representation and warranty regarding prevailing wages in Section 12 herein, 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 a PAGE 2 OF 6 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. 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, Cil) PAGE 3 OF 6 color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. c. If Contractor fails to comply with any of this Agreement's non-discrimination provisions, Renton shall have the right, at its option,to cancel the Agreement in whole or in part. d. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11. Independent Contractor: Contractor's employees, while engaged in the performance of any of Contractor's services under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of Renton and as a result,shall not be entitled to any coverage or benefits from the City of Renton. Contractor's relation to Renton shall be at all times as an independent contractor. Any and all Workman's Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor's employees, while engaged in services provided to be rendered under this Agreement, shall be the solely Contractor's obligation and responsibility. 12. Prevailing Wage Rates: Contractor represents and warrants that this Agreement is fully exempt from prevailing wage requirements, pursuant to RCW 79A.35.130 because Contractor will be using Washington Conservation Corps participants, and otherwise. 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 0 PAGE 4 OF 6 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. 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. PAGE 5OF6 k. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. I. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either Renton or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON FORTERRA NW By: g �//—�-- KELLY BEY ER KRISTEN KARABENSH Administrator, Community Services Corporate Counsel 1055 South Grady Way Renton,WA 98057 V/Ch 5115 1v V Date Date / Approved as to Legal Form By: SHANE MOLONEY City Attorney PAGE 6 OF 6 CITY OF RENTON COMMUNITY SERVICES DEPARTMENT Parks and Trails Division Renton City Hall, 1055 South Grady Way Renton, WA 98057 c/o Cailin Hunsaker, Parks and Trails Director (425) 430-6606, cell (425) 757-3007 SCOPE OF WORK—Attachment "A" SCOPE OF WORK: LANDSCAPING AND TRAIL IMPROVEMENT TASKS The Contractor and all persons performing work under this Agreement (Contractor) shall provide labor and equipment to complete the following tasks: • Manual invasive weed removal using hand tools, brush cutters and/or hedge trimmers; • Chemical invasive weed control, supervised by a WSDA certified applicator with an aquatic endorsement; • Installation of native trees and shrubs; • Erosion control; • Mulching; • Watering; • Trail improvement projects using hand tools or small-scale power tools; • General labor for habitat restoration and trail improvement projects; • Haul and dispose of vegetation at designated locations; • As much as possible keep public pathways and trails free from dirt and debris; • Should the project not be completed in one day, job site and equipment will be secured at the end of each work day. CITY OF RENTON will provide: • City staff to meet the crew on each project site and communicate tasks and objectives for each project; • Cautionary signage to alert public to maintenance activities, where applicable; • Payment for specialized equipment; • Payment for project materials, such as herbicide, water or mulch; • Project design or ongoing project management services. SPECIFICATIONS 1. Contractor will attend a walkthrough with Parks staff to verify existing site conditions and to discuss access and site logistics before starting work. Page 1 of 4 2. Contractor to be responsible to measure and verify dimensions, site conditions and other relevant project information. ea i-{3rejeet- 4. Contractor will be responsible for maintaining a safe route for park users and pedestrians through work zone, if applicable. The use of traffic cones, cautionary signage and other safety equipment will be required. 5. Contractor must possess a valid Commercial Applicators' license issued by the Washington State Department of Agriculture; any person performing a pesticide application must possess a valid Commercial Operator's license issued by the Washington State Department of Agriculture. 6. Contractor shall perform work during the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. Work performed outside of that timeframe will need to be mutually agreed upon between Renton and contractor. JOB LOCATIONS COULON PARK SHOP Dana Appel, Parks Maintenance Supervisor (425) 430-6646, cell (425) 766-6202 or Bryce Goldmann, Lead Parks Maintenance Worker (425) 425-6740, cell (425) 766-6201 Gene Coulon Memorial Beach Park 1201 Lake Washington Blvd N, Renton, WA 98056 PARK AVENUE SHOP Stefanie Coleman, Parks Maintenance Supervisor (425)430-6767, cell (425) 282-8528 or Travis Bates, Lead Parks Maintenance Worker (425) 425-6769, cell (425) 766-6200 Cascade Park, 16165 126th Ave SE, 98058 Cedar River Dog Park, part of NARCO Property at 1500 Houser Way S, 98057 Cedar River Park, 1717 Maple Valley Highway, 98057 Cedar River Natural Area (Open Space), open space and trails south of the Cedar River, between 1-405 and 130th Ave SE, 98058 Cedar River Trail, along the Cedar River from Bronson Way N to 149th Ave SE, 98057 and 98058 Cleveland/Richardson Park, 19415 Talbot Road S, 98055 Earlington Park, 272 Thomas Avenue SW, 98057 Page 2 of 4 Edlund Property— Farm House & Grounds, 17611 103rd Ave SE, 98055 Glencoe Park, 4440 NE 24th Street, 98059 Heritage Park, 233 Union Avenue NE, 98059 Highlands Neighborhood Center & Park, 800 Edmonds Avenue NE Honey Creek Greenway and Trail, between May Creek and Sunset Blvd. Kennydale Beach Park, 3601 Lake Washington Blvd N, 98056 Kennydale Lions Park, 2428 Aberdeen Avenue NE, 98056 Kenyon-Dobson Park, 3447 Lincoln Drive NE, 98056 Kiwanis Park, 815 Union Ave NE, 98059 Liberty Park, 1101 Bronson Way N, 98057 Maplewood Park, 3400 SE 6th Street, 98058 Maplewood Roadside Park, 3201 Maple Valley Highway, 98058 Meadow Crest Playground, 1800 Index Ave NE, 98056 NARCO Property, 1500 Houser Way S, 98057 North Highlands Park, 3000 NE 16th Street, 98056 Philip Arnold Park, 720 Jones Avenue S, 98057 Riverview Park, 2901 Maple Valley Highway, 98058 Ron Regis Park, 1501 Orcas Avenue SE, 98058 Sunset Neighborhood Park, 1150 Harrington Avenue NE, 98056 Teasdale Park, 601 S 23rd Street, 98055 Tiffany-Cascade Connector, north side of SE 160th Street, west of 123rd Avenue SE, 98058 Tiffany Park, 1902 Lake Youngs Way SE, 98058 Windsor Hills Park, 432 Windsor Way NE, 98056 TRAILS SHOP Dana Appel, Parks Maintenance Supervisor (425) 430-6646, cell (425) 766-6202 Black River Riparian Forest (Open Space), Oakesdale Ave SW& Monster Road SW, 98057 Burnett Linear Park, 502 Burnett Avenue S, 98057 Cedar River Trail, along Cedar River from Lake Washington to Bronson Way N, 98056 and 98057 Community Garden/Greenhouse, N 1st Street & Williams Ave N, 98057 Gateway Park, 528 S 3rd Street, 98057 Jones Park, 98 Wells Avenue S at Cedar River, 98057 May Creek Greenway, 4260 Lake Washington Blvd N, 98056 May Creek/McAskill, east side of Duvall/Coal Creek Parkway, 98059 Piazza Park, 233 Burnett Avenue S, 98057 Ripley Lane Trail, west side of 1-405 to Renton City limits, 98056 Senior Activity Center, 211 Burnett Avenue N, 98057 Sit-in Park, 1-405 above detention pond, 98057 Springbrook Trail, from Black River Riparian Forest to SW 19th Street, 98057 Talbot Hill Reservoir Park, 701 S 19th Street, 98055 Page 3 of 4 Tonkins Park, 399 Williams Avenue S, 98057 Veterans Memorial Park, 523 S 3rd Street, 98057 Page 4 of 4