HomeMy WebLinkAboutContractAGREEMENT with CANBER CORPS for VEGETATION
MAINTENANCE at HERITAGE PARK, EARLINGTON PARK and
LIBERTY PARK
THIS AGREEMENT (“Agreement”) is made as of the _____ day of September, 2021, (the “Effective
Date”) by and between the City of Renton, a non‐charter code ci ty under RCW 35A and a municipal
corporation under the laws of the State of Washington (“Renton”), and Canber Corps,
(“Contractor”), a corporation, who are collectively referred to as the “Parties”, to perform
vegetation maintenance at Heritage Park 233 Union Ave NE, 98056; Earlington Park 272 Thomas
Ave SW, 98057; Liberty Park 1101 Bronson Way N, 98057. Renton and Contractor agree as set
forth below.
1.Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal 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 20 calendar days after the Agreement’s Effective Date.
4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services or on Friday, October 29, 2021, whichever is sooner. 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 the sum of $10,624.65 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
6.Consideration: In exchange for Contractor’s performance of the items and res ponsibilities
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
CAG-21-230
24th
PAGE 2 OF 6
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 o f $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.
PAGE 3 OF 6
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: Contractor’s employees, while engaged in the performance of
any of Contractor’s services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of Renton and as a result, shall not
be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to
Renton shall be at all times as an independent contractor. Any and all Workman’s
Compensation Act claims on behalf of Contractor employees, and any and all claims made
by a third‐party as a consequence of any negligent act or omission on the part of
Contractor’s employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor’s obligation and responsibility.
PAGE 4 OF 6
12.Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing
wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the
beginning of the project and an Affidavit of Wages Paid at the end of the project with the
Washington State Department of Labor and Industries,
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
13.Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Contractor agrees to provide access to and copies of
any records related to this Agreement as required by the City to audit expenditures and
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
14.Public Records Compliance. To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Contractor shall make a due diligent search
of all records in its possession, including, but not limited to, e‐mail, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production. In the event Contractor believes said records need to be protected
from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor
shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order.
15.Other Provisions:
a.Administration and Notices. Each individual executing this Agreement on behalf of
Renton and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of Renton or Contractor.
Any notices required to be given by the Parties shall be delivered at the addresses set
forth below. Any notices may be delivered personally to the addressee of the notice
or may be deposited in the United States mail, postage prepaid, to the address set
forth below. Any notice so posted in the United States mail shall be deemed received
three (3) calendar days after the date of mailing. This Agreement shall be administered
by and any notices should be sent to the undersigned individuals or their designees.
b.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
c.Assignment and Subcontract. Contractor shall not assign or subcontract any portion
of this Agreement without the City of Renton’s prior express written consent.
d.Compliance with Laws. Contractor and all of the Contractor’s employees shall perform
the services in accordance with all applicable federal, state, county and city laws, codes
PAGE 5 OF 6
and ordinances. A copy of this language must be made a part of any contractor or
subcontractor agreement.
e.Conflicts. In the event of any inconsistencies between contractor proposals and this
contract, the terms of this contract shall prevail.
f.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
g.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
h.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
i.Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
j.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
k.Third‐Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
l.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.
INWITNESSWHEREOF,thePartieshavevoluntarilyenteredinto thisAgreementas ofEffectiveDate.CITYOFRENTONCANBERCORPSBy:L.A_AA_,3oJc4tBy:__________________________KellyBeymerJeffCaerAdministrator,Parks&RecreationPresident1055SouthGradyWayRenton,WA980579.aL.Zt1/21DateDateApprovedastoLegalFormBy:____________________________ShaneMoloneyCityAttorneyoSOF(approved via email from Cheryl Beyer)
Page 1 of 3
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
Parks and Trails Division
Renton City Hall, 1055 South Grady Way
Renton, WA 98057
c/o Cailín Hunsaker, Parks and Trails Director
(425) 430-6606, cell (425) 757-3007
SCOPE OF WORK – Attachment “A”
SCOPE OF WORK: VEGETATION MAINTENANCE – THINNING AND REMOVAL
The project sites are highly visible. The landscape image should be neat and healthy.
The maintenance goal is to maintain the designed landscape in an attractive condition.
In so doing, the maintenance should have a clear relationship between the original
landscape design and the maintenance practices. The intent of these specifications is to
ensure proper vegetation maintenance techniques.
The contractor shall provide all labor, materials and equipment to complete the following
tasks:
Cut weeds to ground level;
Trim around trees in a manner to not damage the bark at tree bases;
Remove invasive plant species such as Himalayan blackberry, ivy and Reed
Canary grass;
Certain non-selective, non-systemic herbicides may be used with prior approval
provided they are used a safe distance from tree bases;
Do not remove or apply herbicide to any native plant species, as much as
possible.
Remove all incidental trash items that are intermixed with plant material;
Keep sidewalk areas and pedestrian pathways free from all dirt and debris;
Should the project not be completed in one day, all cut vegetation and debris will
be removed at the end of each work day;
Haul and dispose of vegetation and garbage to approved dump site.
JOB LOCATIONS – in order
Contact: Bryce Goldmann, Parks Maintenance Supervisor
(425) 430-6767, cell (425) 766-6201
Page 2 of 3
1.HERITAGE PARK – 233 Union Ave NE, 98056
Soft-surface Nature Trail -
Trim vegetation on either side of soft-surface trail to an approximate opening
size of six feet (6’) wide and eight feet (8’) tall
Break apart ‘tipi’ structure and distribute wood throughout adjacent natural
area
Trim vegetation away from asphalt foot path to a distance of approximately
three feet (3’) two feet (2’); overhead vegetation along this path should be
trimmed to a height of eight feet (8’)
Trim vegetation to a two feet (2’) distance around benches and garbage cans
Remove blackberry and non-native plants from around new trees, and more
established trees
Trim grasses, weeds and non-native plants to ground level
2.EARLINGTON PARK – 272 Thomas Ave SW, 98057
Trim hedges to approximately six feet (6’) tall around perimeter walking path
Trim vegetation to fence line that is growing into park from neighboring
properties
Along south boundary, remove ivy from slope and continue informal footpath
next to fence line
3.LIBERTY PARK – 1101 Bronson Way N, 98057
Northwest of Houser Way Pedestrian Bridge to Library Bridge
o Houser Way Pedestrian Bridge to Chain Link Fence
o Remove non-native plants from riverbank including ‘collaring’ ivy
on trees
o ‘Zig-Zag’ area inside Fenced Area
o Remove weeds
o Trim vegetation to fence line that is growing into fenced area
from outside of it
o Trim rhododendron plants approximately two feet (2’) around;
limbs growing overhead of footpath shall be trimmed to a height
of eight feet (8’)
o Rake ‘zig-zag’ pathway
o Chain Link Fence to Library Bridge
o Keeping to higher plateau area, remove ivy, blackberry and any
other non-native vegetation
SPECIFICATIONS
1.Contractor may attend a walkthrough at the three work site locations on
Wednesday, September 8, 2021 at 10:30am, starting at Heritage Park.
Page 3 of 3
2.Contractor to be responsible to measure and verify dimensions, site conditions
and other relevant project information.
3. Contractor is required to submit one (1) bid by Monday, September 13, 2021
at 3:00 p.m.
4. All materials, supplies and equipment used by the Contractor shall be suitable for
the job, and not be harmful to any surfaces on which they are used.
5. Any damage to City property will be repaired and restored to original condition by
the Contractor, at no cost to the City.
6. Contractor responsible for the security of the project site for the duration of the
project.
7. Contractor will be responsible for maintaining a safe route for park users and
pedestrians next to the work zones. The use of traffic cones, cautionary signage
and other safety equipment (provided by the contractor) will be required.
8. Contractor must possess a valid Commercial Applicators’ license issued by the
Washington State Department of Agriculture; any employee performing a
pesticide application must possess a valid Commercial Operator’s license issued
by the Washington State Department of Agriculture.
9. Contractor shall perform work during the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. Work performed outside of this timeframe will need to be
mutually agreed upon between owner and contractor.
10. This project is subject to prevailing wage. Contractor will be required to comply
with the State prevailing wage requirements. The Contractor must file an Intent
to Pay Prevailing Wage at the beginning of the project and an Affidavit of
Wages Paid at the end of the project with the Washington State Department of
Labor and Industries.
2,257
188
Heritage Park Vegetation Maintenance 21
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
8/18/2021
Legend
1280 64
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
128
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
City and County Labels
Addresses
Parcels
City and County Boundary
<all other values>
Renton
Streets
Points of Interest
Parks
Waterbodies
2019.sid
Red: Band_1
Green: Band_2
Blue: Band_3
1,128
94
Earlington Park Vegetation Maintenance 21
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
9/8/2021
Legend
640 32
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
64
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
City and County Labels
Addresses
Parcels
City and County Boundary
<all other values>
Renton
Streets
Points of Interest
Parks
Waterbodies
2019.sid
Red: Band_1
Green: Band_2
Blue: Band_3
1,128
94
Liberty Park Riverbank Vegetation Maintenance 21
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
9/8/2021
Legend
640 32
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
64
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
City and County Labels
Addresses
Parcels
City and County Boundary
<all other values>
Renton
Streets
Points of Interest
Parks
Waterbodies
2019.sid
Red: Band_1
Green: Band_2
Blue: Band_3
Vegetation Maintenance
Thinning and Removal
(revised 9/16/21)
PROPOSAL
Date
9/8/2021
Proposal #
33920
Name / Address
City of Renton
Commumity Serv./Parks Maint.
1055 S. Grady Way
Renton, WA. 98057
Attn: Cailin Hunsaker
Job Location
Canber Landscaping
PO Box 2668
Renton, WA 98056
425-271-8272
Total
Subtotal
Sales Tax (10.1%)
ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby
accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
Date of Acceptance:____________ Signature_______________________________________________.
We propose to furnish material and labor - complete in accordance with the above specificaitons.
Authorized Signature: JEFF CANDLER
info@canberlandscaping.com
Description Total
Heritage Park
Trim vegetation on either side of soft-surface trail to an approximate opening size of six
feet (6’) wide and eight feet (8’) tall
Trim vegetation away from asphalt foot path to a distance of approximately three feet (3’);
overhead vegetation along this path should be trimmed to a height of eight feet (8’)
Trim vegetation to a two feet (2’) distance around benches and garbage cans
Remove blackberry and non-native plants from around new trees, and more established
trees
Trim grasses, weeds and non-native plants to ground level
1,700.00T
Earlington Park
Trim hedges to approx. 6' tall around perimeter walking path
Trim vegetation to fence line that is growing into park from neighboring properties
Remove Ivy from South border slope
4,000.00T
Liberty Park
Northwest of Houser Way Pedestrian Bridge to Library Bridge:
Houser Way Pedestrian Bridge to Chain Link Fence
Remove non-native plants from riverbank including ‘collaring’ ivy
on trees
‘Zig-Zag’ area inside Fenced Area
Remove weeds
Trim vegetation to fence line that is growing into fenced area
from outside of it
Trim rhododendron plants; limbs growing overhead of footpath
shall be trimmed to a height of eight feet (8’)
Rake ‘zig-zag’ pathway
3,950.00T
Note: This proposal may be withdrawn by us if not accepted within 30 days. All materials are guaranteed to be as
specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or
deviation from above specifications involving extra costs will be executed only upon written orders, and will become an
extra charge over and above estimate. Our workers are fully covered by Workman's Compenstation insurance.$10,624.65
$9,650.00
$974.65