HomeMy WebLinkAboutContract CAG-15-192
tatf of;
COMMUNITY SERVICES—PARKS PLANNING AND NATURAL RESOURCES
TREE MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the I (day of September, 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 Trelstad Enterprises, LLC. ("Contractor"),
who are collectively referred to as the "Parties", to prune or remove 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 October 31, 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 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 not to exceed the sum of
$36,901.50 which includes Washington State Sales Tax. This amount may be adjusted to
a mutually agreed amount based on changes in the Scope of Services, 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 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.
2015-05-06 Agreement.Trelstad 2
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
corn pensation.
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
2015-05-06 Agreement.Trelstad 3
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.
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
2015-05-06 Agreement.Trelstad 4
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.
1. 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 TRELSTAD ENTERPRISES, LIC
ji)(14,—/
Denis Law, Mayor
C//3
ate to
)f 011W
, 'F a Nr
vo
•
l ,//// •�
Attest: C.)
Jas,,n Seth/ city Clerki* ',,' � *�
.4\414
TEc� .�.���`��
���//��lllfll ll1t1161H11
2015-05-06 Agreement.Trelstad 5
City of Renton Community Services Department
2015 Summer Tree Maintenance Services Project Agreement
Attachment A—Scope of Work
Quotes Deadline: Wednesday,July 15,2015,5:00 P.M.
Project Manager: Terry Flatley, Urban Forestry and Natural Resources Manager
Contact Information: tflatley@rentonwa.gov;425-430-6600(Monday through Friday;8:00 A.M.—5:00
P.M.)
Packet Contents: Attachment A;City of Renton Contract Agreement Form;
Introduction
The City of Renton requests quotes to perform tree maintenance work at designated locations described
on the attached spreadsheet. The attached spreadsheet provides the locations, number of trees,size of
trees,the treatments to be performed,cost data and a brief description. Please use the attached
spreadsheet to submit your quote;other forms will be rejected.
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 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 the contract. The intent and affidavit
should be based on the total contract amount. Quotes 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
the job location. See the spreadsheet where traffic control requirements must be approved.
• 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.
City of Renton Community Services Department
2015 Summer Tree Maintenance Services Project
Attachment A—Scope of Work Page 1
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.
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,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
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. The use of
materials(e.g. mats)that eliminate or minimize site damage is required.
City of Renton Community Services Department
2015 Summer Tree Maintenance Services Project
Attachment A—Scope of Work Page 2
• 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 compensated.
• 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 should
generally 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
ropes or other devices shall not be compensated.
• 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.
• Work shall commence thirty(30)days from the date of contract agreement execution.
City of Renton Community Services Department
2015 Summer Tree Maintenance Services Project
Attachment A—Scope of Work Page 3
Awarding Quotes
• Quotes must be submitted by July 15,2015,5:00 P.M.
• Quotes must be submitted on the attached spreadsheet;other forms will be rejected.
• Quotes can be emailed or sent regular mail but not faxed. Drop bids at Renton City Hall on the
6th Floor between 8:00 A.M.and 5:00 P.M. Monday through Friday.
• Award will be evaluated on the lowest quotation provided by the most responsible company.
Irregularities can be waived by the City. Partial bids will be considered unresponsive.
• Submit bids,emails and inquiries to the Project Manager:
Terry Flatley, Urban Forestry and Natural Resources Manager
Community Services Department,6th Floor
1055 South Grady Way
Renton,WA 98057
Email:tflatley@rentonwa.Qov
Telephone:425-430-6600
City of Renton Community Services Department
2015 Summer Tree Maintenance Services Project
Attachment A—Scope of Work Page 4
_ City of Renton•Community Services Department
---;-1
, -11'1 r t y 2015 Summar Tree Maintenance Project
EN- V J �r, l aurae 25,2015
lire State
Address Tree No. Species IDBHI Treatments SMit Costs Sales Tex Tr.!'"Is Detcriptior
222 W Warns A:anue N' 1 Hawthorn 14 R*TO.'o and grine stump CI( () wj 'a� C";{ .t.,, Repa.e stump chips watt•:coil and seed
42.5 toga n Ayer JO N 2 Cottonwood 25 Re tc.a tree,lc w sten'p ,? ..CCI • ,) , ,.,,i', .•`l'?'),5e, 1 Cedar River:T.4 Parr behind sNd err
1330 Ro'rg' s Avenue SF' 3 3ouglas'ir 25 Prure to remove hare.and deac wood ')'•
� C4 LC? hj_4.1 ' 1'6) 5 J Access oft e'keel Drive
4 Gargles f 11 P.erove t ee.bw stu m f, Access of of Puget Drive
,
3143 NE 2:P,aca Honeycrapl;
4atrral Area 5 Doug d5 fir 31 Renese+e tree,low$trrr.p i LK.' (-_?,r:,u ,('-i)t?fr Inspect by appointment with Prc,cct Ma'rager
98 Wells Ayer JP Soutar• 5 •R'gade AirprPcar elm 49 Remove,g',nd st:To,topsail,sped .111.! N' ?'{j
m +e • Rerwve grAires and Install topsoil,grade Ightlr
A423 t'-r:o'n Ort.e NE' 7 o1 onwcod 27 Pec. t•ee,L'rird stun �,'' X ._a ti i. v 4-7 I r 'l L' Spfead g,++dings ai'd pack st.rTp.n01e
SC
15313 NT 135 Ptace 8 Bigteaf maple 17 Ramose tree,Icy:ct n rp , r y may__. '.;06. +, e.=�
9 5igjeefmap`40 l5 Remove tree,low sr:.or 0
540 8r.rnett A.e'zue South* .d Wndor planetree 25 Pcmpve Vee,g 'd,loll,seed4 s .1 ec ,.1t,3.1,,,'„/4 it ti 'hIs is the east nee
11 london p anetree 27 Prune=leararcp dead/dam age branches Tris Is the west tree•closest;a sldewaix
2b42 NE 27 Street 12 BlgIe.i map'e 22 Prune to remove hanger and deadwood ! i 3 r , Arrow es/rho:Ion trail 53 feet from gate
1800 NE 40 Street' 13 Red alder 12 Pare for strpft 11061 i l `�, Marked with b ,e flagging
14 Dodglas f r 10 Prree to street light Marked with bk.+flagging
:0432,9 SE 186 Street' iS Cottonw0o1 s9 Renoir trap,grind stump trade.cc.',seed " -190 ?tit; aj�'r ,' toted fir,.+fie ROW on SE 186 Steel
1L• uglas fir 9 Prune tree to sl�'ret'rom graunj hra ked w°th blue f'atrg
7.01 Aberdeen i'`a:o 4E 1 T Corglac t'
6 Remove tree,stump'ra1Gw grade +C osett to'er ce or 4E 20 Street
18 CrovTy'as f`r 1 P me tree to ix feet f'oT grornd _ ) ?"�, 3'< Adjacent to abase tree.417 on ht 23 5trcc1
19 .Douglas 19 Prune tree for street light / Or NE 20 Street,illumination triangle prrr'g
M2 Abe'deer Mare NE 20 :ojglas Cr :l •Prune tate roar-clearance r�
clearance ,e•scicwa'k and yard .), t 1 r I Z r 'Or NE 20 Street.adjacont to t'ee k21 mad`one
21 f tac''one 13 Fare lee'or c•earance saver s.tow'a t aid yard / On h F 2,1 Street
Totals 21 'S 3�1�'i.<\%k5-- ...ei S.:0 `',Ger
Notes
frees for removal. a n-irked with a white spot on the base c'I',e tree,
'AlCresses rafted with a,asterisk require trait.:cortroi plan app•o'#al in aces ire of work_ - -
Pty I of 1