Loading...
HomeMy WebLinkAbout001060 Original ContractCity of Port Angeles Record # 001060 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND SITKUM TREE SPECIALIST RELATING TO: REMOVAL OF TREES THIS AGREEMENT is made and entered into by and between THE CITY OF PORT ANGELES, a non - charter code city of the State of Washington, (hereinafter called the "CITY ") and Sitkum Tree Specialist, LLC, a Washington Limited Liability Company authorized to do business in the state of Washington (hereinafter called the "CONSULTANT "). WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the Scope of Services as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and /or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: SCOPE OF SERVICES General Scope. The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S services, and if they do not meet the Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement. Any changes made necessary due to causes outside the CONSULTANT'S reasonable control shall be provided as an extra work herein. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the engineering profession for similar services on similar projects of like size and nature and in compliance with applicable federal, state and local laws. The Scope of Services may be amended upon written approval of both parties. Page 1 of 7 employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the CITY's written consent. VII NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. VIII SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. IX CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Services. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. X EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not Page 3 of 7 XIII INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance CONSULTANT shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The CITY shall be named as an insured under the CONSULTANT's Commercial General Liability insurance policy with respect to the work performed for the CITY; and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington; and 4. Professional Liability insurance appropriate to the CONSULTANT's profession. B. Minimum Amounts of Insurance CONSULTANT shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: The CONSULTANT's insurance coverage shall be primary insurance as respect the CITY. Any insurance, self- insurance, or insurance pool coverage maintained Page 5 of 7 In case any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his decision shall be final, conclusive, and binding on all parties involved in the dispute. XV APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVI EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A: Scope of Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year of the last signature affixed below. CITY OF PORT ANGELES DAN McKEY// EN, CITY MANAGER DATE: 'oo % 6 TITLE:G %' DATE: ' u APPROVED AS TO FORM: IkI, C -/ zz- , I /-- l WILL AM E. BLOOR, CITY ATTORNEY ATTEST: CITY CLERK Gt Page 7 of 7 S11TKUM TREE SERVICE March 9, 2016 Tree Removal Proposal City of Port Angeles 1302 131h street Port Angeles 98362 Attn: Brian Anders, Listed below are formalized notes from the bid developed on site. The notes correlate to each portion of the project. The methods for the work and total cost for the project are also listed below. Methods Tree Removal Methods • Tree will be carefully disassembled to ensure the fullest safety for personnel, client property, landscape and plants around. • Street will be closed while tree removal operations are taking place. • Branches will be removed and rigged down when necessary. • Tops will be felled into the street or rigged down when necessary. • When necessary sections will be rigged down using technical rigging techniques. • Plywood will be used to protect the grass, sidewalk and street. • Stumps will be cut to grade. • All material will be hauled away. All debris and material will be chipped. Plywood and tarps will be brought in to protect the site if and when necessary. Site will be left immaculately clean. 4416 Old Mill Rd Port Angeles WA 360 808 3216 con or @ sitkuri tree.i com www,sitk,,imtree.co m SITKUM TREE SERVICE Project Scope - Line item list The total cost to perform the work is listed below. Project is estimated to take one day. Should job extend for weather or other unforeseen reasons the site will be left tidy and clean at the end of each workday. Work will not exceed prices listed below. Sitkum Details Below are the details for the invitation to bid broken out into two separate costs for the two separate jobs. All work will be done to ANSI 300 pruning standards and all OSHA work related safety standards will be performed during the removal operations. Formal safety protocol for Sitkum Tree Service employees and operations will be available upon request. Sitkum is fully licensed, bonded and insured for this type of work. Callis and Associates provides our insurance and documentation or additional insured notes can be easily provided upon request of the Tribe. All our equipment is fully serviceable and in top of the line condition. All our employees are well trained and well compensated for the work they perform. Work line items Poplar tree (last Poplar standing on house at 13th and Laurel) - The cost for the Poplar removal is $3300.00 Removal will span one day. All material will be chipped and hauled away. All large wood will be hauled. To safely accomplish this removal, technical rigging knowledge and equipment is required. Limbs overhanging the lines and structure will be removed in a controlled technical rigging fashion. Large wood will be managed so minimal impacts to the ground are sustained. Stump will be cut to grade. Site will be left immaculately clean. 4416 Old Mill Rd Port Angeles WA 360 808 3216 conor @sitl-,umtree.com xvNvw.sitkumtree.com SIT,KUM TREE SERVICE Terms and Conditions Thank you for the opportunity to evaluate and bid your project. This bid proposal and consultation is confidential and may not be shared with other tree service companies. I appreciate your potential business and look forward to working with you in the future. Please do not hesitate to call or email with questions or concerns. In the occasion of unfavorable weather Sitkum Tree Service will determine if conditions are safe and appropriate for work to commence. This bid is good for 30 days after submission. Partial payment is due upfront and the remainder is due immediately upon completion of work unless otherwise arranged. Please reply in writing (email) or sign on the line below to accept these terms so work can begin. I the homeowner (or approved caretaker /manager of the property) apply my signature below indicating that I accept the terms of this bid and authorize Sitkum Tree Service to perform the work listed above. Signature Bid proposal respectfully submitted by, Conor Haggerty 360.808. 3216 Sitkum Tree Service LLC Licensed, Bonded and Insured # SITKUTS901JB ISA Certified Arborist PN -6968A ISA Certified Tree Risk Assessor — CTRA - 1824 "nvv r.sNk- umtree.co m 4416 Old Mill Rd Port Angeles WA 360 808 3216 conor@sitkumtree.com www.sitkumtree.com