Loading...
HomeMy WebLinkAbout16-035 - Rodrigo Vasquez dba Vasquez Landscapes - Tukwila Urban Center Landscape Repair City of Tukwila Contract Number: 16-035 rika Council Approval N/A ° y 6200 Southcenter Boulevard,Tukwila WA 98188 r9otis CITY OF TUKWILA t r� Short Form Contract Contractor/ Leiria \ioMJ. 2)J Vendor Name: Vasauez Landscapes Project No. 90610402 Address: 16216 47th Ave S Tukwila, WA 98188 Budget Item: /61.'1K Sts /6c. s Telephone: 206-371-0933 Project Name: Baker landscape revision Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Public Works Department, 6200 Southcenter Boulevard, Tukwila, Washington 98188. Retain copy three for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this 2 day of March 2016, by and between the City of Tukwila, hereinafter referred to as"City", and Vasquez Landscapes, hereinafter referred to as"Contractor." The City and the Contractor hereby agree as follows: 1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. TIME OF COMPLETION. The work shall be commenced on Notice to proceed and be completed no later than March 31, 2016. 3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $4,400 + tax at a rate of 9.5%, except by written agreement of the parties. 4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 5. PAYMENTS. The City shall make payments on account of the contract at completion of the project. 6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the work, provided the contract is fully performed and accepted. 7. CONTRACT DOCUMENTS. • The contract includes this Agreement, Scope of Work and Payment Exhibit. d` G /G,/Vi9LS CA revised 2012 Page 1 • The intent of these documents is to include all labor,materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. • The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. • The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. 8. MATERIALS. APPLIANCES AND EMPLOYEES. • Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. • Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. • Contractor warrants that all workmen and subcontractors shall be skilled in their trades. 9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. 10.PROTECTION OF WORK. PROPERTY AND PERSONS. The Contractor shall adequately protect the work,adjacent property and the public and shall be responsible for any damage or injury due to any act or neglect. 11.ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. 12.CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. 13.CORRECTION OF WORK. The Contractor shall re-execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work,and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. 14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or,at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. 15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. 16.INSURANCE. The Contractor 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 Contractor, their agents, CA revised 2012 Page 2 representatives, employees or subcontractors. Contractor's maintenance of insurance,its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. Automobile liability insurance shall cover 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. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability,personal injury and advertising injury,and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any,to be obtained by subcontractors,which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. CA revised 2012 Page 3 G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business-days notice to the Contractor to correct the breach,immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City, offset against funds due the Contractor from the City. 17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a performance bond at 100% of the amount of the contract and in a form acceptable to the City. In lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after final acceptance or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens, whichever is later. 18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. 19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. 20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder,the prevailing party shall be entitled to recover its reasonable attorney fees and costs. 21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements and surplus materials and leave the premises clean. 22. INDEMNIFICATION. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act,omission or failure of the Contractor,its officers,agents and employees,in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees,this obligation to indemnify,defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. 24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,veteran status,sex,sexual orientation,gender identity, marital status,political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 25. ENTIRE AGREEMENT: MODIFICATION. This Agreement,together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment CA revised 2012 Page 4 or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 26. SEVERABILITY AND SURVIVAL. If any term,condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 27. NOTICES. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila,Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 28. APPLICABLE LAW; VENUE; ATTORNEY'S FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit,arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County,Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKW Signs ure Signature Printed Name:. ?eh 6/ SO► Printed Name: PctIrLs3 Uasl Date: 3`' j C, Title: co ne Date: 3 / d2 /1 CA revised 2012 Page 5 J k.1\ 0 , _, _4, N - - p__ e. .. f z . ,,k , I u i , . ji-) --R...; 1 Al 5 h• .) A4 ` 1 -1- : I S J 0 �� 1.. N n- 0..) 1. �P N b fi 0 J L ,.,„_, A- O. c-r-- • J ..t. ` f C enI . k i !� if' --1; _ can d F3 �, __ rr a ,1 ti 1' I u-! G T , 1 ,.1_,C,' . r a —i-- e. �� - z.. C> `4...., i Ai . 4-, _. LI 1,4,--i.1. t, t i . i-,;'14,. 1•Tc'/ �`') 'r a- 5 ri k ,'57-:.--""-2,,,- s C _n f6 c ■ 1 a A 1 C 5�. 1 4) t#11iL \ sir 1 S (.i'V L . n a b ^ 1:+i"4i. i -- "v 1 , �- -Q- t r) s I �=, !.� 11 i ` `f �� ' 4 1 1 ill .rt S• 4', 3 Nrin► _ ,,. \ ---Is_tli.!.. .. . xh;h,t ,, itt-- VASQUEZ LANDSCAPES WWW.VASQUEZLANDSCAPES.NET VASQUEZLANDSCAPING @GMAIL.COM PHONE # (206) 371-0933 City of Tukwila The City of opportunity,the community of choice. Scott Bates Traffic Engineering Coordinator Public Works Engineering 206-431-2193 Email:scott.batesptukwilawa.aov 6300 Southcenter Blvd,Suite 100-Tukwila, WA 98188-2544 PROPOSAL We are pleased to provide the following proposal to the City of Tukwila. From the meetings and discussions between Vasquez Landscapes and Traffic Engineering Coordinator Scott Bates on 3/1/2016 SCOPE OF WORK: Vasquez Landscapes will remove 2 existing trees with the tree stakes, Remove and dispose of existing pavers and sawcut remove and dispose of 5 poured in place concrete panels. Vasquez Landscapes will Install: • 1 berberis thunbergii "Cherry Bomb" 5 gal • 2 Conus Sericia "Red twig dogwood"5 gal • 2 Pinus Mugo "Mugo Pine"5 gal • 2 cistus salvifolius prostrates "Sage leaf rockrose"24" spread • 7 pennisetum alopecuroides "dwarf fountain grass"2 gal • 46 rubus calycinoides "Dwarf Bramble"4"pots space 24" OC Vasquez Landscapes will make sure the soil were the plant will be place gets amended with pacific garden compost in order for the plant to root better and will also install 2 yards of medium bark in order to match existing concrete Vasquez Landscapes guarantees the plants for 1 year of installation if the plants get water on a daily basis Total cost : $4,400.00 SALES TAX EXCLUDED