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HomeMy WebLinkAbout5244Contract Number Vendor Sub�ect Department. File Class Begin Date End Date• Review Date Vault Date• 5244 C&V REFORESTATION Reforestation Services Contract Forestry LEG 12-1 1/3/2013 3/15/2013 2015 Comments. CLOSED . � REFORESTATION SERVICES CONTRACT 2013 Reforestation The Crty of Bremerton ("Crty") and C&V Reforestation ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for reforestation services I. Scope: The Contractor agrees to perform the services more specifically described m the Scope of Work, dated Januarv 3, 2013, including any attachments thereto, attached hereto as Exhibit A, which is mcorporated by reference herem The Scope of Work may be modified only pursuant to Section VII F of this Agreement If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the Crty Contractor further represents that the services furnished under this Agreement will be performed m accordance wrth generally accepted practices m effect at the time such services are performed II. Term: The City and the Contractor agree that work will begm on the tasks described m Exhibit A upon execution of this Agreement based on seedlmg availability and a mutually agreeable schedule The parties agree that the work descnbed in Exhibrt A is to be completed by March 15, 2013, provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor $220.00 ner thousand acceptably planted seedlings. The estimated total number of seedlmgs to plant is 67,700, estimated contract value is $14,894.00 exclusive of State sales tax Contractor's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and mcorporated herein by tlus reference The Contractor shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall witlun the categories set out m the Scope of Work andlor Fee Schedule Upon receipt of a conforming billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the Crty reserves the nght to pnoritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein The Contractor's labor rates and billmg fees shall be as delmeated in Exhibit B Contractor shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement Contractor shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibrt B If a billmg statement does not conform to this Agreement, the Crty may withhold payment until the statement is brought into compliance Such withholdmg does not relieve Contractor of its obligations under this Agreement. Bremerton/ 2013 Reforestation Page 1 of 6 � IV. Relataonship of Parties: Contractor represents that it is skilled m the matters addressed in the Scope of Work and is performmg mdependent functions and responsibilities within its field of expertise Contractor and rts personnel are independent Contractors and not employees of the City Contractor and rts personnel have no authority to bmd the City or to control the Crty's employees and other Contractors None of the benefits provided by the City to rts employees, mcludmg, but not lunrted to, compensahon, msurance, and unemployment msurance are available from the Crty to the employees, agents, representatives, or sub-Contractors of the Contractor Contractor will be solely and entirely responsible for rts acts and for the acts of Contractor's agents, employees, representahves and sub-Contractors durmg the performance of this Agreement The City may, dunng the term of this Agreement, engage other independent Contractors to perform the same or similar work As an independent Contractor, Contractor is responsible for its own management The Crty's admmistration and enforcement of this Agreement shall not be deemed an exercise of managenal control over Contractor or rts personnel As an mdependent Contractor, Contractor is responsible for payment of all taxes and licensmg fees necessary to perform its obligarions under this Agreement These taxes and fees mclude but are not limrted to State mdustnal insurance, Busmess & Occupation, State professional licensmg, and Crty busmess licensmg If any taxes or fees due the Crty have been declared delmquent, the Crty may withhold the delmquent amount, plus any addrtional charges arismg from the delmquency, from any payments due Contractor V. Indemnification: Contractor shall defend, mdemnify and hold the Crty, rts officers, officials, employees, agents and volunteers harmless from any and all claims, mJuries, damages, losses or surts, includmg all legal costs and attorney fees, arismg out of or in connection wrth the performance of this Agreement, except for that portion of the in�uries and damages caused by the Crty's sole negligence The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent �urisdiction determine that this Agreement is sub�ect to RCW 4 24 115, then, m the event of liabilrty for damages arising out of bodily mJury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Contractor's liabilrty hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expirarion or termmation of this Agreement. Bremerton/ 2013 Reforestation Page 2 of 6 � VI. Insurance: The Contractor shall procure and mamtain for the durahon of the Agreement, msurance agamst claims for in�uries to persons or damage to property which may arise from or m connection with the performance of the work hereunder by the Contractor, rts agents, representatives, employees, sub-consultants or sub-Contractors Before begmning work on the pro�ect descnbed in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing 1. Automobile Liabilitv msurance wrth limrts no less than $1,000,000 combmed smgle limrt per accident for bodily m�ury and property damage, and 2. Commercial General Liabilitv msurance wntten on an occurrence basis with limits no less than $1,000,000 combmed single limit per occurrence and general aggregate for personal m�ury, bodily in�ury and property damage Coverage shall include but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liabilrty, and 3. Excess Liabilitv insurance v�nth limits not less than $1,000,000 limit per occurrence and aggregate Any payment of deductible or self msured retention shall be the sole responsibility of the Contractor All required policies shall be provided on an "occurrence" basis except professional liabilrty msurance (if required), which may be provided on a"claims-made" basis The Crty shall be named as an addrtional msured on the Commercial General Liability msurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City, which names the Crty as an additional msured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required msurance policies and endorsements The Crty further reserves the right to re�ect any unacceptable policies and/or endorsements The Contractor's Commercial General Liability msurance shall contain a clause statmg that coverage shall apply separately to each msured agamst whom claim is made or surt is brought, except wrth respects to the limrts of the msurer's liabilrty The Contractor's insurance shall be primary msurance as respects the City and it shall be an affirmative obligation upon the Contractor to advise the City's Risk Manager by f� at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6 Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any msurance policy set out herem, and failure to do so shall be construed to be a breach of this Agreement The Crty also reserves rts unqualified right to require at any time and for any reason, proof of coverage m the form of a duplicate of the insurance policy with all endorsements as evidence of coverage Bremerton/ 2013 Reforestation Page 3 of 6 VII. General Conditions: A Contractor shall have current re�istration with the State of Washington for farm labor and shall su�plv nroof of re�istration B Work Performed at Contractor's Risk Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-contractors m the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connechon with the work C Place of Work The Contractor shall perform the work authonzed under this Agreement on Crty-owned lands m Bremerton, Washmgton Any meetmgs with the City staff as descnbed in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties D Entire Agreement This Agreement and rts Exhibrts constrtutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement E Severabilrtv Should any part of this Agreement be found void, the balance of the Agreement shall remam in full force and effect F Modification This Agreement may only be modified by wntten instrument signed by both Parties G Wntten Notices All commumcations regarding tlus Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated m this Agreement or such other address as may be hereafter specified m writing Crty Address Forestry/Natural Resources Manager Bremerton Dept of Public Works & Uhlities 100 Oyster Bay Ave N Bremerton, WA 98312 Contractor Address Custodio Sanchez, President C&V Reforestation P O Box 1482 Chehalis, WA 98532 H Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any r�ght or power arising out of this Agreement shall not be deemed waiver of any other right or power I Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred m Bremerton/ 2013 Reforestation Page 4 of 6 � one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remam in full force and effect J Compliance with Laws Contractor shall comply with all applicable Federal, State, and local laws m performing its obligations under this Agreement K Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washington Any �udicial action to resolve disputes arising out of this Agreement shall be brought m Kitsap County Superior Court L Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herem, each party shall pay all its own costs and attorney's fees M Assi� Any assignment of this agreement by the Contractor wrthout the written consent of the Crty shall be void VIII. Nondiscrimination: Contractor shall not discrimmate m employment or services to the public on the basis of race, color, national origm, sex, religion, age, marital status, disabilrty, or sexual orientation except for employment actions based on bona fide occupational qualification IX. Termination: This Agreement shall remam m force until completion and acceptance of the services, termmated by wntten mstrument upon mutual consent, or by the Crty of Bremerton for convenience This Agreement may be immediately termmated for cause by a Party if the other Party substantially fails to perform through no fault of the termmating Party, and the non- performing Party does not commence correction of the failure of performance withm thirty (30) days of the termmatmg Party's sendmg norice to the non-performmg Party Any Notice by Contractor shall mclude a report showmg the status of all items listed m the Scope of Work current through the termination date If the Crty receives retmbursement by any federal, state, or other source for work descnbed in Section I herem, and that funding is withdrawn, reduced or limrted in any way, or the pro�ect is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summanly termmate this Agreement A Excusable Delavs The nght of Contractor to proceed shall not be termmated nor shall Contractor be charged with liquidated damages for any delays m the completion of the work due to 1) any acts of the federal government m controllmg, resmctmg, or requisitiomng materials, equipment, tools, or labor by reason of war, national defense, or other national emergency, 2) any acts of the City, its consultants, or other public agencies causmg such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Contractor, mcludmg, but not restr�cted to, acts of God, fires, floods, strikes, or weather of unusual seventy PROVIDED, HOWEVER, that the Contractor must promptly nohfy the Crty wrthm ten (10) calendar days m wrrtmg of the cause of the delay If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writmg, extend the time for completing the work for a period of rime commensurate wrth the period of excusable delay. Bremerton/ 2013 Reforestation Page 5 of 6 B Rights Upon Termmation In the event of termination, the City shall pay for all services performed by the Contractor to the effective date of termination, as descnbed on a final mvoice submitted to the Crty After termination, the Crty may take possession of all records and data wrthm the Contractor's possession pertaming to this pro�ect which may be used by the City without restnction Any such use not related to the pro�ect which Consultant was contracted to perform shall be wrthout liabilrty or legal exposwe to the Consultant CITY OF BREM TON By t �� Chal A Marhn al� 3 rts Public Works & Utilities Director Date 2 3 Approved as to form � � Bremerton Ci y Attorney R\LEGAL\Contracts�FORMS�Professional Services Agreement Form (2003) doc Bremerton/ C&V REFORESTATION By ` Custodio Sanc ez rts President Date �/� —1 3 Attest Crty Clerk 2013 Reforestation Page 6 of 6 .: � EXHIBIT A SCOPE OF WORK — January 3, 2013 2013 REFORESTATION SERVICES CONTRACT SCOPE OF WORK: NOTE: Seedlings to be supplied by the City of Bremerton 1. Contractor shall acceptably plant approximately 67,700 seedlings (Plug+l or 1+1 Douglas Fir) on approximately 176 acres of Bremerton Water Utility forest land Specifics for individual plantmg units are contained in the attached "Reforestation Umt Descnption" and maps, which are made a part of the Scope of Work by this reference 2. Contractor shall plant by hand methods, utilizing approved plantmg shovels common to the mdustry 3. Contractor shall use acceptable methods of plantmg based on these factors selection of plantable spot, proper spacmg, clearmg and/or scalping of planting spot, correct diggmg of plantmg hole, tree placement, and back-fillmg/firmmg of soil The precedmg shall be accomplished according to best management practices common to the mdustry and/or as specified m the attached "Reforestation Umt Description" 4. Contractor shall, from the time of seedlmg delivery, exercise proper care of seedlings, mcludmg, but not limited to, protection from drying, heatmg, smothermg, freezmg, drownmg, or mechanical in�ury 5. Contractor shall, pnor to commencement of plantmg operations, arrange to meet with Forestry staff to discuss the scope of work and make arrangements for access and sanrtary facilrties Contract compliance, to determme acceptable planting, shall be performed by Crty Representative using 1/50` acre circular plots At each plot, Crty Representative will examme for and record his/her findmgs using crrteria described in 3) above and/or in the "Reforestation Unrt Descnption" To be acceptable, plantmg qualrty shall be at least 92% of the total trees planted in the unrt, and within 5% (+/-) of the quantity specified in the "Reforestation Umt Description" A mimmum of two (2) well distributed plots per five (5) acres planted will be taken Seedlmgs shall be made available by the Crty at the mdividual plantmg unrts, or at another mutually agreeable area on City lands 2/25/2013 , �r EXHIBIT B FEE/RATE SCHEDULE 2013 REFORESTATION CONTRACT PAYMENT SHALL BE BASED ON THE FOLLOWING: 1. The quoted rate per thousand planted seedlmgs which is $220.00 per thousand. An estimated 67,700 seedlings (Plug+l or 1+1 Douglas Fir) are to be planted on approximately 176 acres of Bremerton Water Utility forest land Total trees planted shall be based on actual tree count for acceptably planted seedlmgs on the aggregate of unrts as described m Exhibit A. 2. For similar additional work that the City may request, and upon mutual agreement of the parties, an hourly rate of $32.00 /hour/worker, is established 1/3/13