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HomeMy WebLinkAboutContract tise v■r► CAG-15-174 COMMUNITY SERVICES-PARKS PLANNING AND NATURAL RESOURCES TREE MAINTENANCE SERVICES ON CALL AGREEMENT THIS AGREEMENT ("Agreement") is made as of the //i day of August, 2015, (the "Effective Date") by and between the City of Renton, a noncharter code city under RCW 35A, and a municipal corporation under the laws of the State of Washington ( "Renton"), through its Community Services Department and The Davey Tree Expert Company Contractor"), who are collectively referred to as the "Parties", to prune, remove or plant or perform other tree maintenance activities as described in Attachment A or at the direction of the Urban Forestry and Natural Resources Manager. Renton and Contractor agree as set forth below. 1. Scope of Services: Contractor will provide all materials, equipment and labor necessary to perform all work described in the Scope of Work 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 ten (10) calendar days after the Agreement's Effective Date, and shall complete the full performance of the Agreement not later than December 31, 2018. 4. Term of Agreement:The Term of this Agreement shall end at completion of the Scope of Services. This Agreement may be extended to accomplish changes, if required, upon mutual written agreement of Renton and Contractor. This Agreement may be extended for an additional year upon written mutual agreement of the City and the Contractor. 5. Agreement Sum: The total amount of this Agreement is based upon time and materials at the rate of $125 per hour per man for work performed during regular and $175 per hour per man for work performed during overtime hours with a 20% material markup. Total invoice sum should include Washington State Sales Tax. 6. Consideration: In exchange for Contractor's performance of the items and responsibilities identified in the Scope of Services, Renton agrees to make payment up to 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. 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. Prevailing Wages: The City is required by RCW 39.12.040 to require Contractor to pay prevailing wages to its employees. A "Statement of Intent to Pay Prevailing Wages," approved by the Washington State Department of Labor and Industries (L&I), must be received from Contractor before any payment is made, and a L& I certified, "Affidavit of Wages Paid" must be received following final acceptance of the work. Final payment will be withheld on the contract until L& I certified Intent and Affidavit forms are received. 9. 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. 10. 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. 2015-07-01 Agreement.Davey 2 `r �wr✓ 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. 11. 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. 12. Independent Contractor: The Parties intend and agree to create an Independent Contractor-Employer Relationship. 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. Contractor has the ability to control and direct the performance and details of its work, Renton being interested only in the results obtained under this Agreement. 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. Contractor 2015-07-01 Agreement.Davey 3 ow. ,e; has the ability to control and direct the performance and details of its work, Renton being interested only in the results obtained under this Agreement. 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. Contractor agrees to provide access to any records required by Renton. 14. 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. Recyclable Materials. Renton recommends that its contractors and consultants use recycled and recyclable products whenever practicable. j. Resolution of Disputes and Governing Law. If the Parties are unable to settle any dispute, difference or claim arising from the Parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County 2015-07-01 Agreement.Davey 4 i✓ vr► Superior Court, King County, Washington, unless the Parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the Parties' performance of this Agreement, each party shall pay all its legal costs and attorneys' fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit Renton's right to indemnification under Section 9 (Hold Harmless) of this Agreement. k. 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. 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. m. 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. n. 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 THE DAVEY TREE EXPERT COMPANY gr'd B i o, ,, Date ' Date $1 L' I � j,. l� Denis aw ayor II Air Attest: V� Jason Se/ , City ' erk / SEAL ..**,42414141 4�0 2015-07-01 Agreement.Davey -ANIIIIIINkN 5 ' ✓ rrr► City of Renton Community Services Department Tree Maintenance Services On Call Agreement Attachment A—Scope of Work Project Manager: Terry Flatley,Urban Forestry and Natural Resources Manager Contact Information: tflatley(irentonwa.gov;425-430-6600(Monday through Friday;8:00 A.M.—5:00 P.M.) Introduction The City of Renton requests services to perform tree maintenance and planting work on a"as needed" relationship with one or more tree services companies with an upper limit cap on the contract. This "not-not-to-exceed amount does not guarantee work to any contractor and the amount paid will be based upon time and materials of actual work performed. The City may choose not to use an on-call contract at any time. The City reserves the right to award multiple contracts to multiple contractors for this work if it is in the best interest of the City. The City may secure services from additional contractors not awarded a contract under this agreement. The overtime rates set forth in the contract will be reimbursable only to the extent the overtime has been approved by the City. Equipment rental will be reimbursed for the exact amount paid, receipts must be submitted with invoice. Traffic control should be included in the hourly rate. 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. 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 of each year. The intent and affidavit City of Renton Community Services Department Tree Maintenance Services—On Call Agreement Attachment A—Scope of Work Page 1 Igoe Nme should be based on the not-to-exceed amount of$35,000 per year. 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. • Traffic control equipment which meets the Manual of Traffic Control Devices requirements for each job location. • If 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 with traffic control invoices. • 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. • 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. • 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 City to review operations, public safety plan and traffic control plan. Traffic Control Costs-Subcontracted • $99.75 per man-hour during normal business hours before 6 p.m. • $135 per man-hour after 6 p.m.during Monday through Saturday • $178 per man-hour during Sundays and Holidays • $225 per plan page for traffic control plans beyond single-lane closure Tree Removal Specifications • Contractor responsible for contacting locating services in advance of stump grinding, planting,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. • 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 City of Renton Community Services Department Tree Maintenance Services—On Call Agreement Attachment A—Scope of Work Page 2 Nor New 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 seed-free straw. 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 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 by the Project Manager in advance. 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. • 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 City of Renton Community Services Department Tree Maintenance Services—On Call Agreement Attachment A—Scope of Work Page 3 'fir► *me' 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 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. 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. • 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: Terry Flatley, Urban Forestry and Natural Resources Manager Community Services Department,6th Floor 1055 South Grady Way Renton,WA 98057 Email:tflatlev@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 Location where work was performed o Number of workers assigned to task o Classification of workers assigned to task o Total hours worked o Materials including mark-up o Amount due,Washington sales tax and total amount due City of Renton Community Services Department Tree Maintenance Services—On Call Agreement Attachment A—Scope of Work Page 4