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HomeMy WebLinkAboutContract CAG-19-178 lCY Uc 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 PAGE 5OF9 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 l� %r f q Jason .Se City erk .�•�GsS V : _ * PAGE6Of9 0,, //ii,�r/grrDse?", ;.,•. 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 ° . • PAGE 9 OF 9 ilii t T. t , 4:f6 N TO � 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. Lj �� �IAc . Bid is Business Name (2 Sigr(at1 sr Authorized official* r rph l V-s 1--Aa-wo I c19 Printed NaDe Title y i l (I q N\o ( c-(t..e UJ P 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: N1‘l *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. Template Updated 12/29/2017