HomeMy WebLinkAboutContract . ..
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. . PROFESSI.ONAL SERVI.CES CONTRACT AGREEMENT FOR -
CERTIFIED ARBORIST INSPECTO.R
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THIS.AGREEMENT, dated .� � f� / ; is .by and between the:City of Renton . .
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the "Cit "), a Washin ton muni ipal orporation;.and Davey Resource Group, A Division of
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the. Davey Tree Expert Company ("Consultant"); an Ohio:.Corporation. The.:Gity and the
C�nsultant are referred to collectively in this Agreement as tHe "Parties." .Once fully executed :
� � by the Parties,this Agreement is effective as of the date executed by both Parties.
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1:: Scope of Services: Consultant:agrees to provide all equipment and a: or necessary a.s
specified in Ezhibit A, Scope of Work, which is attached and incorporated herein. The
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Scope of Services may hereinafter be r.eferred to as the "Services."
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2.:: Chan�es in.Scope of Services: The City, without invalidating this Agreement, may order
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changes to tlie Scope of.Services consisting ofi additions; deletions or modifications;.the �
Corripensation being adjusted accordingly consistent with tHe rafes set forth in Exhibit A
or as otherwise mufually agreed.by the Parties.
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- 3. Time of Performance: Consultant sliall,; commence perfocmance o t e :Agreement
ursuant to.the schedule s set.forth in Exhibit A. .AlI Services shall..be: erformed b
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no later than December 31, 2017:
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4. Compensation:
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A. Amount... Total compensatiori:to Consultant for 5er.vices provided pursuant to this.
Agreement sha11 .not .exceed $124;000.00: Compensation shall be paid based up�on
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-..: Services actually performed according to the rate.o.f$64.50 per hour:The Consultant
agrees that any hourly or flat r:ate charged by it for its Services sha11 remain locked at
the negotiated: rate(s). Except as spec:ifically provided: in: this Agreement; the
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Consultant shall be solely responsible for the. payme,nt of any taxes,imposed by any.
jurisdiction: .or authority as a :result of the performance and payment of this�
_. Agreement. _
. B. Metliod.of Payment: On a monthly or no Iess tfian quarterly basis, fhe Consultant
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_shall submit a voucher or invoice. in .the. form specified. by the City; including a
description of �what:Services have been: performed; the name of the: personnel
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performing such Services, and any hourly labor char.ge rate for such personnel. The
Consultant shall also submit a final bill upon completion of all Services:: Payment shall.
be:made on a monthly basis by the C.ity:only after the:Services have been performed
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9
and within thirty(30)calendar days after receipt and approval by the appropriate City
representative of the voucher or invoice. If the Services do not meet the requirements
of this Agreement, the Consultant will correct or modify the work to comply with the
Agreement. The City may withhold payment for such work until the work meets the
Agreement requirements.
C. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Services or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Services for which funds are allocated. �No penalty or expense shall accrue
to the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving thirty (30) calendar days' notice to the Consultant in writing. In the
event of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the
Consultant pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Services.
B. In the event this Agreement is terminated by the City,the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. 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 and such charges due to the City shall be deducted from the final
payment due the Consultant. 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.
C. The Consultant reserves the right to terminate this Agreement with not less than sixty
(60) calendar days' written notice, or in the event outstanding invoices are not paid
within thirty(30) calendar days.
D. If the Consultant is unavailable to perform the Services, the City may, at its option,
cancel this Agreement immediately.
6. Warranties And Ri�ht To Use Work Product: Consultant represents and warrants that
Consultant will perform all Services identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Consultant further represents and warrants that all final work product that is
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant for which Consultant holds the title and intellectual property
rights. Consultant grants to the City a non-exclusive, perpetual right and license to use,
reproduce, distribute, adapt, modify, and display all such final work product.
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7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Consultant 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).
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act,Consultant 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 Consultant believes said records need to be
protected from disclosure, it shall, at Consultant's own expense, seek judicial protection.
Consultant 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 Consultant has responsive records and for which Consultant has withheld
records or information contained therein, or not provided them to the City in a timely
manner. Consultant 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.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the
City during the period of the Services shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct
the details, manner or means of Services. Specifically, but not by means of limitation,
the Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to publicized classes or
activities. Consultant shall retain the right to designate the means of performing the
Services covered by this agreement, and the Consultant shall be entitled to employ
other workers at such compensation and such other conditions as it may deem
proper, provided, however, that any contract so made by the Consultant is to be paid
by it alone, and that employing such workers, it is acting individually and not as an
agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program,or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
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C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, its agents, attorneys, elected officials, employees, insurers, officers,
representatives, and volunteers from any and all claims, demands, actions, suits, causes
of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees,
costs, and/or litigation expenses to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from,
resulting from, or in connection with this Agreement or the acts, errors or omissions of
the Consultant in performance of this Agreement, except for that portion of the claims
caused by the City's sole negligence.
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
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant'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.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Services.
12. Citv of Renton Business License: The Consultant shall obtain a City of Renton
Business License prior to performing any Services and maintain the business license in
good standing throughout the term of this agreement with the City. More information
regarding requirement to register with the State of Washington Department of Revenue
can be found on the web at:
http://dor.wa.�ov/content/doin�business/re�istermvbusiness/
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13. Insurance: Consultant 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. In the event that Services delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Services provided by a licensed professional or those Services that require a
professional standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liabilityfor owned, leased, hired or non-owned,leased,hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Services.
G. Consultant shall provide the City with written notice of any policy cancellation,within
two (2) business days of their receipt of such notice.
14. Delavs: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assi�ns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party),and given personally, by registered or certified mail, return receipt
requested,by facsimile or by nationally recognized overnight courier service. Time period
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for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
City of Renton: Consultant:
Terry Flatley, Manager Jack McCabe,Vice President
1055 South Grady Way 295 S. Water Street, Suite 300
Renton, WA 98057 Kent, Ohio 44240
Phone: (425) 430-6600 Phone: 330-673-5685
tflatley@rentonwa.gov Jack.mccabe@davey.com
Fax: (425) 430-6603 Fax: 330-673-0860
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Consultant agrees as follows:
A. Consultant, and Consultant'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 deliyery of Services or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant 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 the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant 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.
18. Miscellaneous: The parties hereby acknowledge:
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A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses.
C. Consultant shall furnish all tools and / or materials necessary to perform his / her
Services.
D. Except as otherwise provided in the Services, Consultant shall not be required to
provide tools and /or materials for the participants/students in classes provided as
Services.
E. In the event special training, licensing, or certification is required for Consultant to
provide Services he/she will acquire or maintain such at his/her own expense and,
if Consultant employs, sub-contracts, or otherwise assigns the responsibility to
perform the Services, said employee / sub-contractor/ assignee will acquire and or
maintain such training, licensing, or certification.
F. This is a non-exclusive agreement and Consultant is free to provide his/her Services
to other entities, so long as there is no interruption or interference with the provision
of Services called for in this Agreement.
G. Consultant is responsible for his / her own insurance, including, but not limited to
health insurance.
H. Consultant is responsible for his/ her own Worker's Compensation coverage as well
as that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authoritv. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Mana�ement. The City's contract manager is Terry
Flatley. In providing Services, Consultant shall coordinate with the City's contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
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E. Governin� Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Services
in accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Draftin� 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.
G. 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 forthe State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
H. Severabilitv. 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 A�reement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Services is essential to the Consultant's performance of
this Agreement.
K. Third-Partv Beneficiaries. othing in this Agreement is intended to, nor shall be
construed to give any rights or enefits 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.
L. Assi�ns and Successors.The Parties each bind themselves,their partners,successors,
assigns, and legal representatives to the other party to this Agreement, and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed bythe waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant 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.
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N. Counterqarts. The Parties may �execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTANT Davey Resource Group,A Division of
The Davey Tree Expert Company
By: By• -
Mayor Denis Law Jac4 McCabe, Vice President ofDRGUtilityOperations
City of Renton D ey Resource Group, A Division of
e DaveyTree Expert Company
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Date Date
Attest
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Jason .Se h
City erk
Approved as to Legal Form
Lawrence J. Warren
Renton City Attorney
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Page 9 of 9
City of Renton
Community Services Department
Exhibit A-Scope of Work
2017 Contract Certified Arborist Inspector
Overview
The Contract Arborist Inspector(Inspector)will work full time at the City of Renton assisting with the
urban forestry program within the Community Services Department. Direct supervision will be provided
by the Urban Forestry and Natural Resources Manager within the Parks Planning and Natural Resources
Division. This is a limited term contracted position through December 31, 2017 or until funding is
exhausted.
The Inspector will work with a diverse customer base including City staff from different departments,
the general public and outside governmental organizations. The work primarily involves responding to
tree concerns including receiving, inspecting, processing,filing, computerized data processing, and
contacting customers on tree-related calls and issues.
The ideal person for this job will bring a diverse educational background and experience in urban
forestry and traditional forestry in a municipal setting. An International Society of Arboriculture,
Certified Arborist possessing a Tree Risk Assessment Qualification is a necessary qualification for this
position and a proven record of experience assessing trees for risk.
Duties
• Receive communications from various sources about trees and respond back with information
to resolve issues and concerns.
• Complete caller information forms, inspection forms and work orderforms of various kinds,
including electronically.
• Inspect trees on both public and private property under various terrain and weather conditions.
Inspections include completing the tree inventory forms by adding new trees and modifying
information on existing trees previously inventoried.
• Inventory new trees or potential planting sites and existing trees not previously inventoried.
Locate newer subdivisions containing new street trees using a combination of City records and
meeting with City Planning staff to locate areas.
• Add and/or modify tree inventory information using existing City computerized systems.
Inventory trees using designated computer programs when required.
• Ascertain the locations of trees within the public right-of-way and trees on private property.
This includes accurate measurement of right-of-way location in relation to the tree(s).
• Inspect trees using the methods found in the International Society of Arboriculture Best
Management Practices Tree Risk Assessment publication.
2017 Certified Arborist Inspector Agreement Page 10
• Accurately categorize trees by public or private,species,diameter,condition rating, location
rating, problem codes,treatment codes and work prioritization from emergency through
routine activity.
• Schedule meetings with customers when requested.
• Respond to customers following inspections through work scheduling dates.This includes face
to face conversations,written correspondence and email communications. Document all
communications on appropriate forms.
• Gather data and information to compile easily understood reports. Prepare a final summary
report of progress during the final three weeks of this project. Provide monthly progress
reports including days and hours worked, number of work orders inspected,and number of
trees inspected, as well as other pertinent information requested by the City.
• Provide a company-owned pickup truck and safety cones at all times.
• Work with City-provided computers and computer programs, ipad,and ipad apps to enter data
into electronic or paper formats.
• Perform minor tree work from the ground using various hand and power tools common to tree
work.
• Supply at all times,tools such as hand pruners, pole loppers, pole saw, hand saw, machete, and
personal protective equipment
• Prepare lists of locations for high priority or other work.
• Other duties as assigned
Responsibilities
• Maintain and provide care for equipment needed for tree inspections and minor tree work.
• Carry and maintain insurance to City of Renton requirements, possess a safe driving record and
license, provide an ISA Arborist Certification and a Tree Risk Assessment Qualification.
• Wear personal protective equipment when in the field,appropriate for the activity.
• Carry and utilize traffic safety devices as appropriate for the activity.
• Work cooperatively with the Project Manager and other City staff to accomplish goals
• Must have excellent customer service skills.
Other Information
The ideal candidate will have worked in an urban forestry municipal setting inspecting and assessing
trees. The ideal candidate should have excellent customer service training and skills to resolve issues in
a positive and timely manner. The candidate must have proven experience assessing trees for risk and
excellent knowledge of tree biology and proper arboriculture practices. The candidate should have
good skill using computers and related devices and software applications.
This position works an 8 hour shift, Monday through Friday,except City-designated holidays.
2017 Certified Arborist Inspector Agreement Page 11