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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. Page 1 of 7 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. Page 2 of 7 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 Page 3 of 7 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. Page 4 of 7 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 � � i 4` • ` � i Page 5 of 7 � y �i�� G1��G s �' �/ � ���i���1. � : ,/����0��'A S H�O�� ����1111\\\������` f �� � � ��� Shane Moloney Jason Seth Renton City Attorney Renton City Clerk � ��� � � � ��� 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. '