HomeMy WebLinkAboutContract CAG-17-145
� CITY OF
- e n o n ���
.�_ �
AGREEMENT FOR TREE WATERING MAINTENACE SERVICES
CAG- � `�-1 �f�
THIS AGREEMENT ("Agreement") is made as of the o2�('�"day of ►n�. , 2017, (the "Effective
Date") by and between the City of Renton, a non-charter code city under RCW 35A, and a
municipal corporation under the laws of the State of Washington ("Renton" or "City"),through its
Community Services Department and (Water Buffalo, Inc.l, ("Contractor"), who are collectively
referred to as the "Parties", to provide and apply tree and landscape watering services as
described in Attachment A and at the Direction of the Urban Forestry and Natural Resources
Manager. Renton and Contractor agree as set forth below.
1. Scope of Services: Contractor wilt provide all material and labor necessary to perform all
Tree Watering Services work described in the Scope of Services 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 perform the Tree Watering Services described in
the Scope of Services—Attachment "A" and commence performance of the Agreement no
later than 5 calendar days when directed by the City to start the watering services; it is
anticipated that the watering services will be performed as necessary and directed from
the "Effective Date" above through October 31, 2017.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than October 31, 2017. This Agreement may be extended to accomplish
change orders, if required, upon mutual written agreement of Renton and Contractor.
5. Agreement Sum: The total amount of this Agreement is not a guaranteed amount of
payment but rather is based upon City directed and properly invoiced watering services.
The total amount of the Agreement shall not exceed the sum of ($45,000.001 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
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6. Consideration: In exchange for Contractor's performance of the items and responsibilities
identified in the Scope of Services, Renton agrees to make payment of the amount
identified as the Agreement Sum.
7. Method of 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. Renton shall have the right to withhold payment to Contractor for any work
not completed in a satisfactory manner until such time as Contractor modifies such work
so that the same is satisfactory.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable
attorneys'fees, legal expenses and litigation costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Contractor's own employees, agents and
volunteers, or damage to property caused by Contractor's negligent act or omission,
except for those acts caused by or resulting from a negligent act or omission by Renton
and its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
contractor and Renton, its officers, officials, employees and volunteers, Contractor's
liability shall be only to the extent of Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor's waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
9. Insurance: Contractor shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of
$1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimum amount of$1,000,000 for
each occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
c. Workers' compensation coverage, as required by the Industrial Insurance
laws of the State of Washington, shall also be secured.
d. It is agreed that on Contractor's commercial general liability policy, the City
of Renton will be named as an Additional Insured on a non-contributory primary basis.
Renton's insurance policies shall not be a source for payment of any Contractor liability.
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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
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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 Keepin� and Reportin�: 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 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.
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f• Governing Law. This Agreement shati be made in and shall be governed by
and interpreted in accordance with the laws of the State of Washington.
B• loint Drafting Effort. This Agreement shaii be considered for ail purposes
as prepared by the joint efforts of the Parties and shali not be construed against one party
or the other as a result of the preparation, substitution, submission ar other event of
negotiation, drafting or execution.
h• Jurisdictian 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 far the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successar.
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.
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.
k. Third-Party Beneficlaries. 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.
�• Waivers. All waivers shall be in writing and signed by the waiving party.
Either party's faifure to enforce any provision of this Agreement sha(I nat be a waiver and
shall not prevent either Renton ar Contractor from enforcing that pravision or any other
provision af 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 �ate.
CITY OF R NTON CONTRAC70R
� �
[Mayar Denis LawJ hyllis Bybwn
1055 South Grad Wa �`"^
Y Y ater euffalo,Inc.
RBnton, Washington 98057 21512 5. Prairie Rd.E.
� /� Bonney lake,WA 98391-78d3
Date `\`��GAN�iC��,,' Date
��`�M,s�����M�������
Approved as to Leg�vogr4+� �'or'�.�` �y�� Attest
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Page 5 of 7 � y �i�� G1��G s �'
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Shane Moloney Jason Seth
Renton City Attorney Renton City Clerk
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Dat D te
Non-template agreement clb 5-15-17
Page 6 of 7
CAG t'�-(� 5 Attachment "A"
Scope of Services
and
2017 City of Renton Community Services Department
Tree Watering Listing.
In addition to the terms and conditions set forth in the Agreement:
1. Contractor to provide Tree Watering Services to the City of Renton as needed and
directed by the City for the period from the Effective Date through October 31, 2017 for
attached Tree Watering Listing or as otherwise directed by the City.
2. Contractor is to provide at least a 4,000 gallon tanker (validly licensed and insured) hose
truck with a water meter.
3. Contractor to have a valid Renton business license.
4. Contractor costs are time and materials costs will be invoiced as follows:
a. Hourly Rate of$146 per hour (subject to prevailing wage requirements)
@250#of Labor Hours, plus
b. Monthly water meter rental costs of$250, plus
c. Cost of water billed to Contractor for City water#gallons 4,000 @ $30 per load
($15 per half load).
Page 7 of 7
2017 City of Renton Community Services Department
Tree Watering Listing
Thomas i Times
Nit�e ' �i No. of Guide per
Street Location _ �'i Block Location I Trees Watering Location ' Reference Notes �';_ Month
- - -- - -- -- -- ------� - - -- - - - ---- -- -
Sitesl -- --- -g ---- y- - -- , - - - - -T - - - I -
. S4 to S5-islands p656, C3 ,Maples 2
_ Best Wat_ered Durin_g the eekend _ _ _ - - I - - -
- _ - - �- -- -
1 Burnett Ave. Parkin Lot Houser Wa /S 5 St. 37 �
2 I Wells Ave. Downtown Between Cedar River/S 4 St. 32 'Both sides of st. �p656, C2 ,Maples Parrotia � 2
- --- - - --- -- ' - - -
- - - - !- --
3_S. 4 Street Between Main/Williams _ __ +_ 13 Both sides of st. �p656, C3 Lindens 2
- . - - P � - - - - - -- -- -
4 IShattuck Ave. S �'�Between S 2/S 4 Place 29 ,Both s�des of st._ 656, B2 �Maples, Serviceberry&Ash 2
5 Shattuck Ave. S I Between S 4 Place/Houser Way S Shrubs I Both sides of st. p656, B2 '�Mahonia, rose and other shrubs 2 '
- - - ;-- - ---- --� - - - -- - --- — - - -
6 S. 3 Street �Between Rainier/Burnett Av 32 Both sides of st. ,p656, B/C2 Smaller Maples in grates 2
-— - -- - --- - - -- - - - -
-
__�Whitworth Between S 2/S 3 St. 20 Both sides of st. _�p656, C3 Maples & Crabapples , 2
7
-- - - -- - - -- - - - -i
- - -- �
--
8 �Morris Between S2/S 3 St. _ 17 Both sides of st. _ p656, C2 Maples &Serviceberry ' 2
- - - - - - - � - - - - - - -- --
9 I Main Between S2/S 3 St. 12 I Both sides of st. p656, C2 I Maples &Snowbell 2
- -- - - 1- ---� - - - T - - -- - ---- - -
10 �Main Parking Lot Between S2/S 3 St. 1 �NW corner of lot ,p656, C2 New elm tree 2
y - - - ; g .P - - - - -- , -- --
11 914 Bronson Wa S On Main Avenue S. _ ___1 Plantin stri_ �p656, C2 Katsuratree 2
- - - - T - - - -
-- - - -
12 'S. 4 Place Between Rainier/Shattuck 5 _ South_side of st. �p656,_B3 ,Japanese tree lilacs 2
y - y - � - - -y -- � ---.- - ---- - -- - - - - -
13 1055 S. Grad Wa �TOn east side of Cit Hall _ 1 _ West of sidewalk �Silverbell 2
Subtotal 200 '
- - - - - - - --- - - -- -- --- - -- - - - - -
Sites That Can Be Watered Anytime � �
- - - -- -- -- - -- - � - - ----- -- -
- - - -- -
13 ',Park Avenue North Between N 1 Street to N. of N 6 St. 13 Both sides of street p656, C1/2 'Various 2
14 ?Seahawks Sign Lk. WA. Blvd./N 44 St. 6 Sign �p626, D2 Trees, shrubs &groundcovers � 2
- - , �
--
Cedar River Park 1717 Maple Valley Highway_ _ _ 4_ Centennial Way _�p656, D2_ Azaleas in boulevard near pool _� 2
15 I _
16 ',Maple Valley Berm 1501 Orcas Ave(SR 169) ' 43 I Along highway on berm �p656, H4 I Red and sugar maples 2
_
- -- --
-- �- -- - - -- --- -
17 �Metro Sewer Plant '1200 Monster Road SW � 6 'East side of road i p655, J4 S all trees,water and fill green bags 2
- --- - - ---- --- - --- - - - - --
- - - ---- - -
--- -
18 Harrington Avenue Between NE 16/NE 10 Street 17 ,Both sides with improvmt. p626, F6 Black tupelo, shrubs, grasses, etc. 2
- -- - -- ---- - - - - - - - - --
i
19 Logan Avenue North ,From Cedar River to N 6 Street 26 East side of road only p656, C1 Trees, shrubs &groundcovers 2
----- - � - - -- - - - -- - - - - - � - -
North 3rd Street'From Logan to Burnett 7 Both sides with improvmt p656, C1 ITrees, shrubs &groundcovers 2
�- - -- - - - -- - -- -- - - - -
-_ _From Logan to Burnett shrubs�North side of street +p656, C1 '�Shrubs &groundcovers 2
---�- - - - - � - - - - �- -- - �
North 4th Street
20 ,12130 SE 160 Street !Lone tree east of address _ 1 �North side of street_ p656, F5 Lone oak east of trail entrance _ � _ 2 _
21 I 124, 222, 327 Williams Av Planting strips or tree grate 3 'Both sides of street Silverbell, Tree lilac&Serviceberry ' 2
--- - - - --- - - - - - -�- - - - -- -
22 1300 & 305 Burnett Ave S. Planting strips or tree grate - 2 Both sides of street I Serviceberry, Parrotia 2
- - - --- - - - - - -- - -- - - - -- - --�-
23 217 Wells Avenue S. _TTree grate 1 ,East side of street � _ _ _ '�Sugar maple I 2
-- -- - T - � - - - - - �
24 858 S. 2nd Street Tree grate i 1 ' _ Serviceberry __ 2
-- � -- - - --- -- ! - -- ,-- - - - - -
25 '�230 Main Avenue S Planting strip ' 2 I West side of street i Elm 2
- - - T --- -- -- - - - , -- - -- -- - -- � - - - - - - - -- --
__�Subtotal 132 ' �
- � - - - - --- -— � --- -� �
'�Grand Total 332 �
--- - -
2017 City of Renton Community Services Department
Tree Watering Listing
- -- - -- — -- - - �
--- - --- ---
-- - - --- —
�Waterin Instructions '' �
holes in the soil. The Burnett Avenue arkin lot location will r
Trees require a thorough soaking - about 50 gallons per tree once per two week period. Avoid blasting water as this wil� make
-� g - --
-- - e -- • - — -- - --
� ' - yd doesn't displace
_ _ p g quire careful waterin so water soaks into the soil an
t�woo — — -- . g g — -- - — - - —
d mulch. Water should be applied from the stem of the tree to out to the tips of the branches or beyond. ' �
Some locations include waterm shrubs and roundcovers as indicated in Notes section. i �tf.6.27.17
Additional locations will be added as needed as well_as some sites may be removed from the list at
-- -- - - any time. - — -
Waterin frequenc ma increase dependin upon weather from 2 times per month to 4 times per month per site location. '