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HomeMy WebLinkAboutContract CAG-15-185 COMMUNITY SERVICES—PARKS PLANNING AND NATURAL RESOURCES TREE RISK ASSESSMENT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the ? 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 Davey Resource Group,A division of the Davey Tree Expert Company ("Contractor"), who are collectively referred to as the "Parties", to inspect and assess fourteen oak trees along South 2nd Avenue, two trees at Liberty Park and one tree at Jones Park in Renton and provide a report of findings according to Attachment "A," Scope of Work. Renton and Contractor agree as set forth below. 1. Scope of Services: Contractor will provide all 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 October 30, 2015. 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 change orders, if required, upon mutual written agreement of Renton and Contractor. 5. Agreement Sum: The total amount of this Agreement is not to exceed the sum of $2,135.00 which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Services and the Contractor's rate schedule provided in their proposal, part of Attachment "A". 6. Consideration: In exchange for Contractor's performance of the items and responsibilities identified in the Scope of Services, Renton agrees to make payment of the amount identified as the Agreement Sum. 7. Method of Payment: Payment by Renton for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in a form acceptable to Renton. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. Renton shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys'fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Contractor's own employees, agents and volunteers, or damage to property caused by Contractor's negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by Renton and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and Renton, its officers, officials, employees and volunteers, Contractor's liability shall be only to the extent of Contractor's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance: Contractor shall secure and maintain: a. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. b. Professional liability insurance, in the minimum amount of$1,000,000 for each occurrence, shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. d. It is agreed that on Contractor's commercial general liability policy,the City of Renton will be named as an Additional Insured on a non-contributory primary basis. Renton's insurance policies shall not be a source for payment of any Contractor liability. e. Subject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements,shall be delivered to Renton before executing the work of this Agreement. f. Contractor shall provide Renton with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: a. Contractor, and Contractor's agents, employees, representatives, and volunteers with regard to the services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status,or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment,the administration of the delivery of services or any other benefits under this Agreement, or procurement of materials or supplies. b. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If Contractor fails to comply with any of this Agreement's non- discrimination provisions, Renton shall have the right, at its option, to cancel the Agreement in whole or in part. d. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11. Independent Contractor: 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 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. 12. 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. 13. 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 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. I. 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 DAVEY RESOURCE GROUP,A division of the Davey Tree Expert Company. Terry Higashiyama,Administrator 7Jak McCabe, Vice President 1055 South Grady Way 95 S. Water St Renton, Washington 98057 Kent, OH 44240 Date August 14, 2015 Date Basic Tree Risk Assessment Scope of Work Location In the Renton downtown area, red oak trees can be found in the grass and tree boulevard along South 2nd Street. The boulevard begins approximately 240 feet west of Logan Avenue South and ends 130 feet west of Shattuck Avenue South.The boulevard is in the middle of South 2nd Street across from Renton High School at 400 South 2nd Street. There are English oaks along the south side of South 2"d Street, these are not part of the scope. At Liberty Park, 1101 Bronson Way North,there is a honeylocust and a horsechestnut tree to be assessed. At Tonkin Park,399 Williams Avenue South,there is a red or pin oak tree at the SW corner of Williams Avenue and Houser Way to be assessed. The trees on South 2nd Street can be viewed on the Rentonwa.gov website. In the search box,type in COR Maps.At the next page,click the Launch COR Maps link. You may need to download the Silverlight application to enable the map. Select the Search tab on the top menu and enter 400 S 2nd Street. At the left pane are the Map Layers,click the Parks and Recreation box and the tree symbols will appear. Please note that the data may not be current and that the diameter was taken from 2003;that could provide some idea of tree growth and health. One tree recently examined was 55 years old. The trees at Liberty Park and Tonkin Park can be viewed the same way by searching for the 1101 Bronson Way North address;their data will be more current. Trees On South 2"d Street are 14 red oak trees that were planted about 50 years ago. Two tree failures have occurred in the past several years;one tree fell over during a severe wind storm and the other tree was split in half when a large branch failed because of included bark conditions,then later removed. The trees have not received regular maintenance but have been pruned of deadwood twice over the past ten years. Many of the trees are developing girdling roots around the base of the tree. At Liberty Park is a 25 inch diameter honeylocust near the west side of the ball stadium. At the same stadium but near the parking lot on the east side is a 45-inch diameter horsechestnut. The horsechestnut has a hollow in the first several feet from the ground. It has had branches cabled in the past. At Tonkin Park is a 45 inches in diameter tree we believe is a pin oak. Several conks appear around the south half of the root crown; numerous small branches have died in the crown. There is a declining black locust tree in the park also,that tree is not part of the scope. Scope of Work The scope of work pertains to the basic level of tree assessment as described in the most recent version of the International Society of Arboriculture Best Management Practices Tree Risk Assessment. The scope of this work should include at least the following criteria: Identify tree and site conditions Evaluate and classify the likelihood of a tree failure impacting targets within the target zone Estimate the potential consequences of a tree failure for all parts of the tree Record and explain findings Determine and recommend advanced assessments, if needed Determine tree risk Provide options for treatment to mitigate risk Estimate residual risks after treatments Provide specifications for selected treatments Recommend inspection frequency Develop and submit a report Report A professionally prepared report to include the items in the Scope of Work above Tables that identify each tree by diameter at breast height, condition rating, problems noted, recommended treatments, priority ranking, risk rating and mitigation recommendations A site map that identifies the tree location and corresponds with the table above Recommendations for continued growth and improved health or condition Mitigation to resolve tree issues related to this assessment and findings Other pertinent information to aid in the assessment and treatment of these trees Other Requirements International Society of Arboriculture Certified Arborist with Tree Risk Assessment Qualification