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HomeMy WebLinkAboutContract CAG-17-158 ��,Nr�,r*�----------�-.,�...._� � CCT�f t�� � ���- � � �a,�a SMALI. iNORKS CC3NTRACT AGREEMENT 1NITH t�REENPC�INT LAIUC?SCaPINCa, L�C THIS AGREEMENT ("Agreement"� is made as of the 10t" day of 1uly, 2017, {the "Effective Date"} by and between the �ity of Renton, a non-charter code city under RCW 35A, and a municipal carporation under the laws of the State of Washington ("Renton"}, through its Community 5ervices Department and Greenpoint tandscaping, LlC, a Washingtan limited liability tompany, ("Contractor"), who are coilectively referred ta as the "Parties", far landscapin� work at airpart main entrance monument/drive lane area and blast fence. Renton and Contractor agree as set forth below. 1, 5coae of Services: Contracta�will provide a11 materiai and labvr necessary to perFarm aif work described in the Proposal which is attached and fully incorparated inta this Agreement by reference as Attachment"A." This Agreernent repiaces and supersedes that agreement desi�ned as City file number CAG 16-178 which terminated befiore any work was performed. The Parties agreQ that nca payments wiH be made under CAG 16-178, and ali work described in Attachment A wil!be subject ta compensatian under this Agreement. 2. Chan$es in Scape of Services: Renton, withaut invalidating this Agreement, may order changes to the Scape flf Services consisting of additions, deletions or modifications, the A�reement Sum being adjusted acearcSingly by Parties mutua( agreement. Such char�ges in the wark shaN be authorized by written Ch�ange Order signed by the Parties, 3. Time of Perfarmance; Contractor shal!cammence performance of the Agreement no iater than fourteen (14) calendar days after the Agreernent's Effective �ate. 4. Term of I'�reement:This A�reement shali remain in effect untik lanuary 31, 2018. 5. Agreernent Sum: The tota! amount of this Agreement is the sum of $5,060,OQ (five thousand sixty doliars and zero cents) which includes Washington State Sales Tax. This amount may be adjusted to a mutuaily agreed amount based on changes to the Scope of Services. U �i I � I li�/-�� 6. Consideration: in exchar►ge for Contractar's perfarmanee of the items and r�sponsibilities ide�►tified in the Scope of Services, Renton agrees ta make payment of the amount identified as the Agreement Sum. 7. Method af Payment: Payrr►ent by Renton far the Services will only be made after the Services have been perfarmed and a voucher or invoice is submitted in a form acc+�ptable ta Renton. Payment afi the initia! 95°!p will be made in the next pay cycle of the Renton Finance Department after receipt of sueh voucher or invoice (pay cycles are bi-weekly). The remaining 5°� will be retained for the purpose af compietion of the ptoject and fulfiliment of claims and liens. Renton shall have the right ta withhoid payrnent to Contractnr for any wark not campleted in a satisfactary manner until such time as Contractor modifies such work sa that the same is satisfactory. 8. Hold Harmiess: Contractor shall indemnify, defend and hold harmless Renton, its elected officials, officers, ager�ts, employees and vo(unteers, from and against ar�y and ail claims, losses or liability, or any portian of the sarne, including but nat limited to eeasanable attorneys'fees,It��)�X��11SE5�t1L� IItI��tlOCI COStS,arising from injury or death to pers+ans, inciuding injuries, SICICt1�5S, disease ar death of Contractar's own emplayees, agents and volunteers, or dama�e to prnperty caused by Contractor's negligent act vr omissiorr, except far thase acts caused by or resulting fram a negiigent act ar amission by Renton and its afficers, agents, emplayees and volurrteers. Should a court of corr►petent jurisdictian de�ermine that this agreement is subject tc�RCtN 4,24.115, {Validiry of agreement to indemnify against (iability for negligence relative to constructian,alteration, impravement,etc.,of structure ar impravetnent attached to real estat�...)then, in the event of(iability for damages arising out of bodily injury tv persons or d�mages ta prop�rty caused by c�r resu(ting from the cancurrent negligence of the cant�actor and Renton, its officers, officials, employees and v�►lunteers, Contractor's liability shaU be anly to the extent af Contractor's negligence. It is furkher specifically and expressly understoad thai the indemni�catian pravided in this Agreement canstitute Contractor`s waiver afi imrnunity under the Industrial lnsurance Act, RCW Title 51, solely for the purpases �afi this indemnification, The Parties have mutuafly negntiated and agreed to this waiver. The p�avisions of this section shali survive the expiratian or termination af this Agreement. 9. tnsurance: Cantractor shall secure and maintain; a. Commercia( genera( liability insurance in the minimum amounts of $2,(?OO,OOQ for each occurrence/52,000,000 aggre�ate for the Term af this Agreement. b. ProfessionaM liability insurance, in the minimum amount of $1,0OO,OQC! far each occurrence, shall aiso be secured for any professional services being provided to Renton that are excluded in the cammereial g�neral liabifity insurance. c. Workers' compensatian covera�e, as required by the Industrial insurance laws af the State c�f Washington, sha11 �fsa be secured. Page 2 a#3 � d. It is agreed that on Cantractvr's commercial genera! liabiiity poiicy,the City of Renton wii! be named as an Additionai Insured on a non-contributory primary basis. Renton"s insurance policies shali not be a source for payment of any Contractor liability, e. Subject ta Renton's review and acceptance, a certi�cate of insurance showing the proper endorsernents,shal! be delivered to Renton before exeeuting the wnrk of this Agreement. f. Cantractor shal6 provide Rentc�n with written natice of any policy cancelfation, within two {2}business days of their receipt of such natice. 10. Discriminatian Prohibited: Except to the extent permitted k�y a bona fide o�ccupationa! qualification,the Contractor a�rees as follaws: a. Cantractor, and Contractor's agents, employees, representatives, and volunteers with regard to the S�t'VtCE.'S perfarmed or to be performed under this Agreement, sha(I nat discriminate on the basis of race, color, sex, �eligion, nationality, creed, marit�) status, sexuai orientation or preference, age (except minimum age and retirement pr4visions�, honc�rabiy discharged veteran ar military status, or the pr+�sence af any sensory, mental ar physicaf handicap, unless based upon a bona�de occupatianal qualifiication in relationship ta hiring and employment, in employment ar application far emplayment, the administration of the deEivery of seruices or any other benefits under this Agreement, or procurement of materials or supplies. b. The Contractar will take affirrnative actian ta insure that applicants are ernpfayed and that emplayees are treated during empMoyment without fegard to their race,creed,color, natianal arigin,sex,age,sexual orientatian,physica},sensory or mental handicaps,or marital status. 5uch action shall include, bu#not be (imited#a the following emplayment, upgrading, demotion or #ransfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. c. If Contractar faiis to comp(y with any of this Agreement's nan- discrimination provisions, Rentan shal! have the right, at its optian, to cancel the Agreement in whole or in part, d. Cantractor�is respansible to be aware of and in compliance with all federal, state and locai laws and regulations that may affect the satisfactory completion of the project,which includes but is not limited ta fair iabor laws and worker's compensation. il. Inder�endent Cantractor: Contractor's employees, while engaged in the perfarmar�ce of any of Contractar's services under this Agreement, sha(! be considered employees af the Contractor and not ernployees,agents,representafives of Renton and as a result,shall nat be entitled to any co�erage ar benefits fram the City of Renton. Contractor's re4ation to Renton shali be at al! times as an independent cantractor. Any and all Workman`s Compensatian Act cfaims on behalf of Contractor empinyees,and any and a#I claims made by a third-party as a co�sequence af any negligent art or omissian on the part of � Page 3 of 3 Cantractor's emp�oyees, while engaged 'tn services provided t� be rendered under this Agreement, shal! be the solely Cantractar's obligation and responsibiiity, 12. Prevailin�Wa�e Rates: Contractor must comply with the State af Washingtgn prevailing wage requirements. Con#ractor must file an tnrent To Pay Preupiding Wage at the beginning of the praject and an Affidavit of Wages Paid at#he er�d of the praject with the Washingtan State Department of labor and Industries, htt : v�ww.lni.vva. ov rades�icensin�/Prev�� d�fault,asp. 13, Recard Keepin� and Reparting: Cantractor shalf maintain accaunts and records, which properly reflect all direct and indirect costs expended and Services provided in the performance af this Agreement. The Contractor a$rees tv provide aceess to and copies of any reccrrds related to this Agreement as required by the City to audit expenditures and charges and/o� to comply uvith the Washington State Public Recards Act {Chapter 42.56 RCW}. 14, Pubtic Records Campiiance. Ta the full extent the Cicy determines necessary to comply wizh the Washingtan State Public Records Act, Contractor shail make a due diligent search 4f all �ec�ords in its perssession, including, but not limited ta, e-mail, correspondence, notes, saved telephane messages, recardings, photos, or drawings and provide them to the City far praductian. In the event Contractor believes said records need to be protected fram discic+sure, it shafl, at Contractor's own expense, seek judicial protectian.Cnntractor sha{I indemnify, defend, and hold harmless the City for aif costs, inclvding attarneys'fees, attendant to any claim or litigation related to a Public Records Act request for which Contractar has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a �imely manner. Contractor shall produce far distribution ar�y and a11 �ecords responsive to the Public Recards Act request in a timely manner,unless thase records are protected by court order. 15. Clther Pravisions: a. Warranty. The Contractor warrants far itself and all of its employees that they nave the requisite trainin�, skill, and experience necessary to pravicle the services detailed in Attachment A and are appropriately licensed by aii applicable agencies and governmental entities. b. Admintstratian and Notices. Each indiuidual executing this Agreement on behalf of Renton arrd Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf af Rentan ar Contractor. Any natices required ta be given by the Parties sh�ll be delivered at the addresses set forth belcrw, Any notices may be delivered personally to#he addressee af the natiCe oe may be deposited in the United States mail,postage prepaid,to the address set forth below. Any natice so posted in the United States mail shall be deemed received three �3) calendar days after the date of rnailing. This Agreement shail be administered by and any notices should be sent ta the undersi�ned individuals or their designees. wa�Q a a�a c. Amendment and Modi�ication. This Agreement may be amended only by an instrument in writing, duly executed by both Farties. d. Assignment and Subcontract. Contractor shal! not assign or subcantract any portion of this A�reement without the City of Renton's prior express written cansent. e. Compliance with laws. �antractor and akl of the Cantractor's employees shail perform the services in accordance with all applicable federaE, state, county and city iaws,cades anct ordinances.A copy af this language must be made a part of any cantractar ar subcontractor agreement, f. Canfticts. In the event o#any inconsistencies between contractor praposals and this cantract,the terms of this contract shall prevaii. g. Gaverning Law. This Agreement shall be rnade in and shalf be gouerned by and interpreted in accordance with the laws af the State of Washingtan, h. loint �rafting Effart. This Agreement shall be considered far ali purposes as prepared by the jaint efforts of the Parties and shall not be construed against one party ar the other as a result of the preparation, substitution, submis�ion ar ather event of negotiation, draftin�or execution. i. lurisdiction and Venue. Any lawsuit or legal actian brought by any party to enfarce ar interpret this Agreement or any a��rr�� ar'''^�av�nt �ialtbe brought in the King County Superior Court for the State of Washin�ton at the Ma�eng Region�i Justice Center in Kent, King County,Washington, c�r its replacement ar successor. j, Severability. A caurt of competent jurisdiction's determination that any prouision ar part of this Agreement is illegai or unenfarceable shall not cancel or invalidate the remainder of this Agreement,uvhich shal{ remain in full force and effect. k. Soie and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representatians ar understandings, whether oral or uvritten, nat incorporated are excluded. I. Third-Party Beneficiaries. Nathing in this Agreement is intended to, nor shalf be construed ta give any ri�hts ar benefits in the Agreement to anyone other than the Parties,and al!duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of the Parties and no one etse. m. Waivers. Aif waivers shall be in writing and si�ned by the waivin� party. Either party's failure to enforce any provision of tfiis Agreement shafl not be a waiver and shal{ not prevent either Renton or Cantractar from enforcing that provision ar any ather provision of this Agreement in the future. Waiver of breach of any provisic�n of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach uniess it is expressly waived in writing. !N WITNESS WHEREO�,ihe Rarties have valuntarify entered inta this Agreement as of the Effective Date. (SIGNATURE PAGE Ft7LLt7WS.] Page 5 of S � CITY OF RENTON CONTRACTOR � � � ��. �. � _ ```�.�,�,�,�.___ .�� _ `-�____ �_� �..m�.� Gregg i r n, Pubiic Works Greenpoint Landscaping, LlC A minist�ator City crf Renton Attention: �enton Airpart 111 Sunset Avenue,Suite 104 616 West Perimeter Road, Unit A Edmonds,Washington 98020 Renton,Vllashingtc�n 98(J57 (866} 531-4448 Z�-� ----- `�.���-�t � t�a e Date Approved as to Legal Farrn '�0�1�C ���' 5hane N1oloney Renton City Attarney "��ZO� ( � Date Contract 3emplate Updated 05J30/2417 Page 6 of 6 � ��� ���� � greenpoint landscaping 111 Sunset Ave N#104 Edmonds, WA 98020 Renton Municipal Airport Harry Barrett 616 Perimeter Rd W Renton, WA 98057 Here is our quote for the work at your property: Renton Municipal Airport escri tion Quanti � Rate Amoun -Removal of all Poison Hemlock in area between Rainier Ave N. and 4 1]50.00 4600.00 Perimeter Rd W. -Spray all areas of Poison Hemlock removal with pesticides to prevent any future growth of Poison Hemlock. -Removal of all Common Tansy weeds in flower bed by south entrance. -General cleanup of worksite that was disurbed by Greenpoint. -Dis ose of all plants/weeds removed by Greenpoint. Subtotal $4,600.00 Sales Tax $460.00 Tota! $5,060.00 Thank you for giving us the opportunity to bid for your business. We have been in business since 1999 and have established a reputation for quality. We look forward to showing you that it is well deserved.-� , . The Fme pnnt g---" 3}We may collect.mamtam and use any p�c[ures,statements,drawmgs,figures,or other data relahng to our work to advert�ze or market our busmess 4)Exlus�ons perm�ts,tra�c convol.and anythmg else not specifically mentionec�w�tscee�' ��f,,�''r �^`",�,.��� �,,..-�' �'`— �,"'" T.�m_ ee .--�''"� Client Signat �•�Date Greenpoint caping, L��.t,�f.ENLL94206 ��,,,,� „"'"�� ""�... Salisfaction Guarantee:Greenpoint wil!gladly visit your property as ojten as needed behveen scheduled visils fo ensure your sutisfaction.