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HomeMy WebLinkAboutContract , i.. CAG-17-109 �,�,,."__.._. � ����� ,�� � � � �� � � e _ ._ ,� _ .. M SMALL WORKS AGREEMENT THIS AGREEMENT ("Agreement") is made as of the ��� day of 201� , (the "Effective Date") by and between the City of Renton, a non-charter code ity under RCW 35A, and a municipal corporation under the laws of the State of Washington ("Renton"), through its Community Services Dep and Trelstad Tree LLC ("Contractor"), who are collectively referred to as the "Parties", to Provi e ree main enance services 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. Chan�es 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: Contractorshall commence performance ofthe Agreement no iater than us�ness ays after the Agreement's Effective Date. 4. Term of A�reement: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. A�reement Sum: The total amount of this Agreement is the sum of �28,600 which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Services. fi. 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 Pavment: 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. Y � 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,Q00,000 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 ofthe 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: 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. 12. Prevailin�Wa�e 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.�ov/TradesLicensin�/PrevWa�e/default.asp. 13. Record Keeqin� and Reportin�: Contractor shall maintain accounts and records whicn properiy refiect all direct and indirect costs expended and services provided in the perrormance 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 'aelow. 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. Additionally, for contracts that will be either partially or fully funded with federal grants and exceed Twenty-Five Thousand Dollars ($25,000), all Contractors shall verify the federal suspension and debarment status of any subcontractor or third-party working on the behalf, request, direction, or under the authority of the Contactor. A copy of this language must be made a part of any contractor or subcontractor agreement. e. Conflicts. In the eventofany 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 forthe 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 ofthis Agreement is illegal or unenforceable shatl 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. I. 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 CONTRACTOR —, .--_------''� ,� � Co�vN�YlUtil c� l/1ll�j�-�2 105 South Grady Wati� Renton,Washington 9805- �/��1�7 �� � `� � � 7 Date Date City of Renton Community Services Department March 2017 Tree Maintenance Project Attachment A—Scope of Work Project Manager: Terry Flatley, Urban Forestry and Natural Resources Manager Contact Information: tflatley@rentonwa.�ov;425-430-6600(Monday through Friday; 8:00 A.M.—5:00 P.M.) Introduction The City of Renton requests tree maintenance services at five locations around the city.The work includes the removal of 16 select trees and pruning of 13 trees. Please use the attached spreadsheet to submit your bid. 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 and the work assigned. Time of Performance This proiect shall be�in within 15 business davs of the full execution of the contract and shall be completed not later than June 5, 2017. 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. • 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. Labor rates shall be Prevailing Wage Rates for the industry. • All personnel shall wear the most up-to-date personal protective equipment including but not limited to safety vests and hard hats while on the job site. • Use of traffic control equipment which meets the Manual of Traffic Control Devices requirements for each job location. • Possess the equipment and experience in lowering tree parts using ropes and other devices to prevent damage to turf, plants, irrigation, 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 Tree Maintenance Services—March 2017 Listing Attachment A—Scope of Work Page 1 Preferred Qualifications of Contractor and Tree Workers • International Society of Arboriculture (ISA) Certified Arborist—provide names and certification numbers. • 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/livin�/default.aspx?id=880. • On-site meeting with the Project Manager or representative to review operations, public safety plan and traffic control plan. Tree Removal Specifications • Contractor shall be responsible for contacting locating services in advance of stump grinding work by calling 811. • Removal includes the complete removal of all tree-related debris generated by the activity including litter, sawdust, chips, soil debris,twigs, leaves, needles, buds, branches,trunks, stumps, and surface roots, unless indicated otherwise. • Where debris is indicated to remain on site, stump heights and branches shall be no higher than 12 inches above grade. All tree stems and trunks shall lie flat on the ground. • Stumps and surface roots shall be ground to a minimum depth of 12 inches below existing grade, if no curb and sidewalk, or sidewalk grade when present. Stump and roots should not be visible in turf and along curbs and sidewalks, following grinding. Hand grubbing is required to remove roots too close to hard surfaces using grinding equipment. • Remove all stump and/or root grinding debris, unless indicated otherwise. 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 completelv 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 pre-approved materials. • 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. City of Renton Community Services Department Tree Maintenance Services—March 2017 Listing Attachment A—Scope of Work Page 2 • Use of cranes or other heavy equipment shall be approved by the Project Manager in advance of submitting bids. • The use of materials(e.g. mats)that eliminate or minimize site damage is required. • Use of ropes to lower tree sections is required in order to prevent unnecessary damage to turf, plants, adjacent trees, all street, park or facility infrastructure and private property. Time and materials to repair damage from operations where tree parts were not safely lowered using ropes or other devices shall not be reimbursable. • Repairs shall be to pre-existing conditions or better. The Project Manager will determine the extent of repairs from damage as a result of tree maintenance activities. • All depressions created as the result of operations shall be made level with existing grades using high quality topsoil and seeded or sodded. • Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility of the contractor. Tree Pruning Specifications • Only an ISA Certified Arborist shall prune trees. Non-certified workers are prohibited from pruning trees. • Minimum height following pruning shall provide for the following: o Street and Pathway—not less than 15 feet over the roadway • Pruning cuts shall be made outside the branch bark ridge and branch collar. Cuts should be at an angle of 45 degrees from the branch bark ridge. • No stub-cutting or heading of branches is permitted. Prune branches to branch nodes only. • Remove entire branches whenever possible or if lion-tailing will be the end result. • Do not prune more than 25%of the total live crown unless authorized by the City. • Pruning dead branches 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 should be considered in order to prevent unnecessary damage to turf, plants, adjacent trees, netting, 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. • Pruning around street lights shall be performed with the end result that no branches are in the way of lights shining to the ground in a triangular illumination pattern. City of Renton Community Services Department Tree Maintenance Services—March 2017 Listing Attachment A—Scope of Work Page 3 • Pruning around balifield lights shall be performed with the end result that no branches are in the way of lights shining into the ballfield. 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; incidental leaves are acceptable. Conifer chips are not allowed to be dumped at such facilities. • All wood debris shall be recycled to the fullest extent possible. • The attached short form contract agreement will be used to execute the work. Invoices • Invoices should be submitted to: Terry Flatley, Urban Forestry and Natural Resources Manager Community Services Department, 6th Floor 1055 South Grady Way Renton, WA 98057 Email:tflatlev@rentonwa.,�ov Telephone:425-430-6600 • Invoices should contain the following information to prevent a delay in processing: o Contractor name, address and telephone number o Contract Number—assigned upon execution of agreement o Unique Invoice Number o Date work performed o Each address and location where work was performed o Amount due, Washington sales tax and total amount due City of Renton Community Services Department Tree Maintenance Services—March 2017 Listing Attachment A—Scope of Work Page 4 City of Renton-Community Services Department March 2017 Tree Maintnence Listing No. City ID Address Species DBH Treatment Unit Cost SST Total Unit Cost 1 24 1101 Bronson Way N-Liberty Park Red Oak 21 Prune:street and streetlight clearance,remove dead branches 2 20 Red Oak 17 Prune:softball field lights clearance,remove dead branches 3 19 Red Oak 31 Prune:softball field lights clearance,remove dead branches 4 18 Red Oak 24 Prune:dead branches 5 22 Red Oak 24 Prune:softball field lights clearance,remove dead branches 6 21 Red Oak 46 Prune:softball field lights clearance,remove dead branches 7 19 Red Oak 31 Prune:street clearance,remove dead branches 8 18 Red Oak 28 Prune:dead branches 9 17 Red Oak 33 Prune:street and streetlight clearance,remove dead branches 10 16 Red Oak 29 Prune:street,sidewaik and streetlight clearance,remove dead branches Remove:grind stump,remove grindings,add topsoil&top dress with grass 11 56 233 Union Ave NE-Heritage Park Big leaf maple 40 seed. 12 72 Red alder 21" Remove:low stump,remove branches,leave wood 13 73 Big leaf maple 16" Prune:dead branches 14 53 Douglas fir 31" Remove:create wildlife habitat,remove extra branches,leave wood 15 52 Douglas fir 40" Remove:low stump,remove branches,leave wood 16 54 Douglas fir 21" Remove:low stump,remove branches,leave wood 17 51 Douglas fir 31" Remove:low stump,remove branches,leave wood 18 50 Douglas fir 17". Remove:low stump,remove branches,leave wood 19 55 Dougias fir 18" Remove:fow stump,remove branches,leave wood 20 89 Madrone 11" Remove:low stump,remove branches,leave wood 21 91 11430 SE Petrovitsky Road Cherry 14" Remove:Grind stump 12"deep,remove grindings,add topsoil,seed. 22 82 823 S 27 Street Cottonwood 15 Remove:low stump,treat stump,all remove debris 23 94 Red alder 13 Remove:low stump,remove all debris 24 82 Cottonwood 24 Prune upper branches away from yard 25 88 822 5 27 Street Cottonwood 11 Remove:low stump,treat stump,remove all debris 26 83 Cottonwood 8 Remove:low stump,remove all debris 27 95 Cottonwood 16 Prune to provide clearance over arborvitae 28 71 Cottonwood 14 Remove:low stump,treat stump,all remove debris 29 99 Cottonwood 30 Remove:create wildlife habitat,leave brush low Totals tf3.20.17 l ,