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HomeMy WebLinkAboutOrdinance No. 0802CITY OF MEDINA ORDINANCE NO. 802 AN ORDINANCE AMENDING ORDINANCE NO 799, dated December 11, 2006, the 2007 BUDGET FOR THE CITY OF MEDINA, WASHINGTON. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The following Budget Amendment A is made to the 2007 Budget for the City of Medina. Budget Amendment A: FUND AMOUNT DESCRIPTION Capital Projects Fund $50,000 A newly created expenditure account 307- Tree Fund $50,000 000-000-595-30-09-00 for Poplar Tree Removal/Replacement. Funds ($50,000) are drawn from the Capital Projects Unreserved Fund Balance and $50,000 is drawn from the Tree Fund Unreserved Fund Balance (expenditure account 103- 000-000-589-00-49-10). Expenditures for the 84`" Avenue NE Poplar Tree Removal Contract approved were on March 13, 2007 (please see attached copy of the contract). Total Budget $100,000 Amendment A SECTION 2. The.City Manager is authorized to make any transfers necessary to carry out the terms of this ordinance. SECTION 3. Effective Date This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. Ordinance 802 - 1 - PASSED BY AT LEAST ONE MORE THAN A MAJORITY OF THE CITY COUNCIL ON THIS 14" DAY OF MAY 2007, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 14th DAY OF MAY 2007. Miles R. Adam, Mayor Approved as to form: Wayne . Tanaka, City Attorney Attest: A�Kj�- Ratel Baker, City Clerk Ordinance No. 802 SUMMARY OF ORDINANCE NO. 802 of the City of Medina, Washington On May 14, 2007, the City Council of the City of Medina, Washington, adopted Ordinance No 802 the main points of which are summarized by its title as follows: AN ORDINANCE AMENDING ORDINANCE NO. 799, 2007 BUDGET FOR THE CITY OF MEDINA, WASHINGTON. The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of May 14, 2007. Rac el Baker, City Clerk pu -4--( 0 Ordinance No. 802 CITY OF MEDINA PUBLIC WORKS CONTRACT THIS AGREEMENT, is made this (2) day of va,� , 2007 by and between the City of Medina (hereinafter referred as "City"), and Seattle Tree Preservation. Inc. , (hereinafter referred to as "Contractor"), doing business at 13350 Lake City Way NE, Seattle, WA 98125 WHEREAS, Contractor is in the business of providing certain services specified herein; and WHEREAS, the City desires to contract with Contractor for the provision of such services for 841h Avenue NE Poplar and Cottonwood Tree Removal along the West margin of 84t' Avenue NE from the southeast corner of the Overlake Golf and Country Club propertyo NE 24t' Street, and along the south margin of NE 24'h Street from 84t' Avenue NE to 80t' Avenue NE, and to replant trees where specified, and Contractor agrees to contract with the City for same; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: 1. Work. The Contractor agrees to perform all work in accordance with this Contract and the following documents, incorporated herein: Public Works Proposal (dated 10/11/05 and revised on 5/4/06 and on 1/19/07 to complete Phase I work in the winter of 2006-2007 and Phase II work by year 2010.) • Scope of Work: Phase I: Remove 65 poplar and cottonwood trees; grind stumps and dispose of all wood and debris and grindings; shape and prune all trees that are to remain to form healthy shaped canopies removing all damaged limbs and trim to promote growth that will provide screening and a barrier for errant golf balls as designated by the City's arborist; restore all turf, irrigation system, drains, wire fencing, and damaged areas; replant 4-inch caliper Bowhall Maple trees in locations designated by the arborist (including staking) . Phase II: Remove 51 poplar trees; grind stumps and dispose of all wood and debris and grindings; shape and prune all trees that are to damaged by tree removal; restore all turf, irrigation system, drains, wire fencing, and damaged areas; replant 4-inch caliper Bowhall Maple trees in locations designated by the arborist (including staking). • General Provisions • Special Provisions Page 1 of 1 Phase I shall be accomplished in year 2007. Phase II shall be accomplished no later than 2010. • Bid documents • Revised Bid proposals (Attachment A) • Addenda (if any) • Bid bond • Performance bond (if not waived by City) • All provisions required by law to be inserted in this Contract whether actually attached hereto or not. 2. Payment. Payment for the work as described in the Contract for Phase I shall not exceed One hundred seventeen thousand five hundred dollars ($ 117,500.00), plus one thousand two hundred fifty dollars ($ 1,250.00) per approved replanted tree, complete in place, excluding approved change orders, in accordance with the quantity and unit prices shown on the attached revised bid proposal. Payment for Phase II shall not exceed one hundred four thousand dollars ($ 104,000.00) which includes 17 replanted trees; plus any added cost for labor as defined by the Washington State Department of Labor Prevailing Wage Rate effective at the time the work is performed and added new tree costs above that designated in Phase I when approved by the City. If during the course of the Contract, the work rendered does not meet the requirements set forth in the Contract, the Contractor shall correct or modify the required work to comply with the requirements of the Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the Contract. 3. General Administration. The Contract Administrator, Director of Public Works, of the City of Medina shall have primary responsibility for the City under this Contract and shall approve all work to be performed, coordinate communications, and review and approve all invoices, under this Contract. An arborist, under separate agreement with the City, shall oversee the work. 4. Final Payment. Thirty (30) days after completion and final acceptance of this project by the City as complying with the terms of this Contract, the City shall pay to the Contractor all sums due as provided by this Contract except those required to be withheld by law or agreed to in special contract provisions. 5. Notice to Proceed / Completion Time. The Contractor agrees to begin the work set forth in this Contract immediately after receiving written notice from the City to proceed and further agrees to carry on such work regularly and uninterruptedly thereafter with such force as to secure its completion for each Phase within 60 calendar days (holidays and weekends included), after such notice to begin work. The time of beginning, rate of progress and time of completion are essential conditions of this Contract. Page 2 of 2 6. Ownership of Documents. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City upon its request. Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 7. Indemnification / Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of the Agreement, except for injuries and damages caused by the sole negligence of the City. 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 the City, the Contractor's liability 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. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Bonds / Surety. The City requires bond/surety provisions pursuant to RCW 39.04.155. The Contractor shall provide one of the following and shall check and initial next to one of the boxes below to indicate its selection: ❑ Performance bond in an amount of the bid amount plus 10%. The bond must be accepted by the City prior to the execution of the contract. The bond shall be released thirty days after the date of final acceptance of the work performed under this Contract, and receipt of all necessary releases from the Department of Revenue and Department of Labor and Industries in settlement of any liens filed under Chapter 60.28 RCW, whichever is later. if Performance Surety. In lieu of retainage and a performance bond, the City shall withhold 50% of all progress payments, excluding any applied tax, for the duration of the work performed under this Contract. This retained amount shall be released thirty (30) days after the date of final acceptance by the City of all work perform under this Contract, including any change orders, or receipt of all necessary releases from the Department of Labor and Industries and the Department of Revenue and any liens filed under Chapter 60.28 RCW are settled whichever is later. No interest shall be accrued nor paid to the Contractor on the retained amount. The City may, at its option, attach and expend the Performance Surety to cover any costs to complete any outstanding work or work deemed unacceptable under this contract. Page 3 of 3 9. Subletting or Assigning of Contracts. Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interests accruing from this Contract without the express prior written consent of the other. 10. Relationship of Parties. The parties intend that an independent contractor - client relationship will be created by this Agreement. As Contractor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or subcontractor of Contractor shall be or shall be deemed to be the employee, agent, representative or subcontractor of the City. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance and unemployment insurance, are available from the City to the Contractor or his employees, agents, representatives or subcontractors. Contractor will be solely and entirely responsible for his acts and for the acts of Contractor's agents, employees, representatives and subcontractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that Contractor performs hereunder. 11. Warranty. Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractor's work including, but not limited to, cost of materials and labor expended by the City in making emergency repairs and cost of engineering, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims, which may be made against the City as a result of any defective work, and the Contractor shall defend any claims at its own expense. Where materials or procedures are not specified in the Contract, the City will rely on the professional judgment of the Contractor to make the appropriate selections. 12. Correction of Defects. Contractor shall be responsible for correcting all defects in workmanship and/or materials discovered after the acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after the acceptance of the corrections of the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of service may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections within the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. The City shall be responsible for the watering of the replanted trees. 13. Claims. Any claim from Contractor against the City for damages, expenses, costs or extras arising out of the performance of this Contract must be made in writing to the City within thirty (30) days after the discovery of such damage, expense or loss, and in no event later than the time of approval by the City for final payment. Contractor, upon making application for the final payment, shall be deemed to have waived its right to claim for any Page 4 of 4 other damages for which application has not been made, unless such claim for final payment includes notice of additional claim and fully describes such claim. 14. Contractor's Risk of Loss. It is understood that the whole of the work under this Contract is to be done at the Contractor's risk, and that he has familiarized himself with all existing conditions and other contingencies likely to affect the work, and has made his bid accordingly, and that he shall assume the responsibility and risk of all loss or damage to materials or work which may arise from any cause whatsoever prior to completion. 15. 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 or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 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. 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 Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. 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. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Page 5 of 5 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: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. 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. 16. Compliance with Laws. The Contractor shall comply with all federal, state and local laws and regulations applicable to the work done under this Contract. Any violation of the provisions of these applicable laws and regulations shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work for the City. 17. Job Safety. Contractor shall take all necessary precaution for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known and unusual hazards. 18. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or services required by the Contractor under this Contract, shall be considered employees of the Contractor only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said employees, while so engaged, and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall not be the obligation of the City. 19. Nondiscrimination. Contractor agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because Page 6 of 6 of race, creed, color, national origin, marital status, sex, age or disability, or other circumstances as may be defined by federal, state or local law or ordinance, except for a bona fide occupational qualification. 20. Prevailing Wage. This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to prevailing wages. Prevailing rate shall be paid on public works and building service maintenance contracts, funded in part or in whole with Federal funds, Federal wage laws and regulations shall be applicable. No worker, laborer or mechanic employed in the performance of any part of this contract shall be paid less than the prevailing rate of wage as determined by the Industrial Statistician of the Department of Labor and Industries for the State of Washington. The schedule of prevailing wage rates for this Contract by this reference is made a part of this contract as though fully set forth herein. 21. Termination. This contract shall terminate upon satisfactory completion of the work described in the Public Works Proposal (Attachment A) and final payment by the City. The City may terminate the Contract and take possession of the premises and all materials thereon and finish the work by whatever methods it may deem expedient, by giving ten (10) days written notice to the Contractor. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work (Attachment A) is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of employment, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and interests of the City under the Contract, provided such legal costs shall be reasonable. 22. Extent of Contract / Modification. This contract, together with attachments and/or other addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written change order properly signed by both parties. Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written. CITY OF INA By: CArAranager CITY CONTACT City of Medina A 13 APPROVED AS TO FORM By. F Office of tetNy Attorney CONTRACTOR By: (Lo 4"44� Title: f5fZe S e Taxpayer ID #: r(0 CONTRACTOR CONTACT Fax: Page 8 of 8