HomeMy WebLinkAboutHanging Flower Program - Scope of Work1
ATTACHMENT A
REQUEST FOR PROPOSALS
CITY OF RENTON
2022 – 2024 FLOWER PROGRAM
SCOPE OF WORK
•SUMMARY: HANGING FLOWER BASKETS, located in Downtown Renton. The Hanging
Baskets occur between May 15 and October 31 for 2022, 2023, and 2024. See details
and specifications on subsequent pages.
The City of Renton seeks competitive bids from vendors and/or independent contractors), to
install and maintain flowers/plants in hanging containers (“baskets” for this RFP) in the
Downtown Renton business district May 15 through October 31 of 2022, 2023, and 2024 (51/2
months per year over the 34-month term).
The winning bidder will install, maintain, remove & store during the off period, 120 individual
hanging baskets with full, vibrant, and hardy plants and materials throughout the Downtown
Renton business district. The baskets will be hung on 60 light poles located on South 2nd, 3rd,
and 4th Streets, Burnett Avenue South, and Wells Avenue South in downtown Renton between
North Rainier Avenue and South Main Avenue. The area in which the hanging baskets are to be
distributed is indicated in Exhibit A.
TERM: The Agreement for Services (the contract) is for a 34-month period beginning March 1,
2022 and continuing until December 31, 2024. The Agreement is contingent upon available
funding in any one of the budget years.
Services are provided by the Contractor according to the following descriptions:
HANGING FLOWER BASKETS:
a.Install 120 hanging baskets including the plants, baskets, planting, maintenance,
materials and supplies.
b.Plants must be sun and heat tolerant to withstand full sun.
c.Contractor to provide professional grade soil mix in each container such as: Ferti Lome
Ulitmate Potting Soil or Sungro Professional Growing Mix.
d.Baskets must present “full” appearance while on display from May 15 through October
31 of each year. All flower/plant materials installed should be hardy, add dimension and
generally add to the beautification of the Downtown Renton business district.
e.Proposals should include purchase and installation of new plant material for the 2022-
2024 seasons, routine maintenance throughout the growing season, and removal of the
baskets with plant materials at the conclusion of each growing season.
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f.Contractor will be a qualified provider who has a proven track record of producing
hanging flower baskets that conform to industry standards.
g.Weight of each basket, including chain to hang the fully loaded basket, is not to exceed
45 pounds at plant maturity and after watering. Each basket shall be able to withstand
a minimum weight of 50 pounds.
h.Baskets shall have a minimum of 7ft clearance from top of sidewalk to bottom of flower
basket.
i.The baskets will be hung on 60 City-owned light poles located on South 2nd, 3rd, and 4th
Streets, Burnett Avenue South, and Wells Avenue South in Downtown Renton between
North Rainier Avenue and South Main Avenue as shown on the Map at Exhibit A
attached and incorporated by reference herein.
j. Plantings shall be at least one-half the mature size at the time the baskets are installed
on poles.
k.All equipment, materials and supplies are to be provided by the Contractor, including
but not limited to: all tools, equipment, baskets and materials to hang baskets, plant
materials, fertilizers, potting soils, water and watering devices.
HANGING BASKET MAINTENANCE:
Contractor, as part of this project, will maintain the baskets to ensure:
a.plantings are healthy and vibrant; throughout season they are on display.
b.adequate maintenance to keep baskets vibrant throughout the season, pest
control/regular fertilization.
c.minimal inconvenience to area businesses, pedestrians, service, and public safety
vehicles
d.protect traffic, drivers, and pedestrians from harm or safety issues during maintenance.
e.replace any plants or flowers that perish outside of a natural disaster.
f.remove/clean-up of materials that drop from baskets or equipment being used. This
includes dead flowers, soil, fertilizers, debris, etc.
g.sidewalks and streets are returned to the conditions they were prior to maintenance
services.
h.Some light poles are equipped with programmed irrigation. Hand watering is required
on the poles without programmed irrigation. Watering at all light poles will be
conducted on an as-needed basis dependent on weather conditions.
i.Selected contractor will contact Point of Contact at the earliest practicable time, but not
later than two business days, when irrigation system fails to operate properly.
General Specifications
Spring – Summer Program: May 15 through October 31
a.All baskets to hang for five (5) months and 15 days
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b.Plant baskets with high-quality, trailing, colorful, shade/sun appropriate materials with
varying flower texture. Use a minimum of three different plant species per basket.
c.Fertilize as needed with a high-quality, water-soluble fertilizer (liquid application).
d.Unforeseen maintenance to baskets, chains and plants due to vandalism, theft,
accidents, and other incidents will be the Contractor’s responsibility. Maintenance
needs to be performed as soon as practicable, but in no case later than 2 calendar days.
A sufficient number of reserve containers shall be maintained for consistent appearance
throughout the display area. Historically this has been at least 10% in addition to the
120 containers on display.
Yearly Service (Once per Year)
a.Replace soil in baskets at least annually prior to installation.
b.Sterilize baskets before filling with soil.
c.Install baskets and chains. Remove and store baskets and chains.
d.Provide fully planted baskets to meet annual display installation not later than May 15
described under “Hanging Basket – j.” of this call for proposals.
e.Crimp or secure “S” hooks on chains and/or metal support arms, or other means to
reasonably secure containers to display poles against vandalism or inclement/violent
weather.
Proposal To Include:
Statement of Qualifications: Proposals must include a statement of qualifications, including but
not limited to:
a.The number of years of experience in the landscaping business,
b.A list or description of 2 similar landscape maintenance contracts involving similar
entities,
c.Contact information for two entities that can serve as references.
In addition, the contractor must demonstrate experience in basic services such as:
•Staff management, staffing and scheduling work.
•Supervision and coordination with City staff and others involved with this project.
•Ability to meet/exceed OSHA safety standards regarding labor practices and equipment.
•Having a well-rounded knowledge of plant grades, soil materials and potting media.
•Operating a motor vehicle and equipment in a safe and lawful manner.
Proposals: The proposal shall contain the information summarized below.
a.Project approach and maintenance schedule
b.Proposed project team and experience
c.Total program cost
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Contract Terms and Conditions:
Upon selection of a contractor, a Contract for Services will be entered into by the City and the
contractor. The contract will be substantially the same as the example contract at Exhibit B.
Submissions:
The proposal shall be submitted electronically to, Jessie Kotarski, Economic Development
Manager, as identified above, no later than Sunday, January 30, 2022. The City reserves the
right to reject late proposals.
Proposal Evaluation and Selection:
Any requests for additional information that may be needed for the preparation of a proposal
should be directed to jkotarski@rentonwa.gov.
The City will review all proposals for completeness and compliance with the terms and
conditions contained in this document. The City reserves the right to reject any or all proposals,
or to award a contract based upon available budget.
Contractors submitting proposals in response to this RFP will be given written notification of
the results of the selection process.
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Exhibit A
Area In Which Baskets Will Be Displayed
South 2nd, 3rd, and 4th Streets, Burnett Avenue South, and Wells Avenue South in downtown Renton
between North Rainier Avenue and South Main Avenue
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EXHIBIT B
SAMPLE CONTRACT
SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2022, (the “Effective Date”)
by and between the City of Renton, a non-charter code city under RCW 35A and a municipal corporation
under the laws of the State of Washington (“Renton”), and (enter contractor’s name), (“Contractor”),
(enter entity type), who are collectively referred to as the “Parties”, to (enter brief project description
with site, building and address). Renton and Contractor agree as set forth below.
1.Scope of Services: Contractor will provide all material and labor necessary to perform all work
described in the Proposal which is attached and fully incorporated into this Agreement by
reference as Attachment “A.”
2.Changes in Scope of Services: Renton, without invalidating this Agreement, may order changes
to the Scope of Services consisting of additions, deletions or modifications, the Agreement Sum
being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be
authorized by written Change Order signed by the Parties.
3.Time of Performance: Contractor shall commence performance of the Agreement no later than
(enter 30 or 60 or 90 days) calendar days after the Agreement’s Effective Date.
4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Services,
no later than ___ days from the Effective Date. This Agreement may be extended to accomplish
change orders, if required, upon mutual written agreement of Renton and Contractor.
5.Agreement Sum: The total amount of this Agreement is the sum of ($00,000.00) which includes
Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based
on changes to the Scope of Services.
6.Consideration: In exchange for Contractor’s performance of the items and responsibilities
identified in the Scope of Services, Renton agrees to make payment of the amount identified as
the Agreement Sum.
7.Method of Payment: Payment by Renton for the Services will only be made after the Services
have been performed and a voucher or invoice is submitted in a form acceptable to Renton.
Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department
after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be
retained for the purpose of completion of the project and fulfillment of claims and liens. Renton
shall have the right to withhold payment to Contractor for any work not completed in a
satisfactory manner until such time as Contractor modifies such work so that the same is
satisfactory.
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8.Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims, losses
or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees,
legal expenses and litigation costs, arising from injury or death to persons, including injuries,
sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to
property caused by Contractor’s negligent act or omission, except for those acts caused by or
resulting from a negligent act or omission by Renton and its officers, agents, employees and
volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, 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
Renton, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the
extent of Contractor’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW
Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and
agreed to this waiver. The provisions of this section shall survive the expiration or termination of
this Agreement.
9.Insurance: Contractor shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
b.Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
c.Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
d.It is agreed that on Contractor’s commercial general liability policy, the City of Renton
will be named as an Additional Insured on a non-contributory primary basis. Renton’s
insurance policies shall not be a source for payment of any Contractor liability.
e.Subject to Renton’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to Renton before executing the work of this
Agreement.
f.Contractor shall provide Renton with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
10.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
a.Contractor, and Contractor’s agents, employees, representatives, and volunteers with
regard to the services performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status,
sexual orientation or preference, age (except minimum age and retirement
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provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of services or any other benefits
under this Agreement, or procurement of materials or supplies.
b. The Contractor will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
c. If Contractor fails to comply with any of this Agreement’s non-discrimination
provisions, Renton shall have the right, at its option, to cancel the Agreement in whole
or in part.
d. Contractor is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
11. Independent Contractor: Contractor’s employees, while engaged in the performance of
any of Contractor’s services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of Renton and as a result, shall
not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation
to Renton shall be at all times as an independent contractor. Any and all Workman’s
Compensation Act claims on behalf of Contractor employees, and any and all claims made
by a third-party as a consequence of any negligent act or omission on the part of
Contractor’s employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor’s obligation and responsibility.
12. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage
requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the
project and an Affidavit of Wages Paid at the end of the project with the Washington State
Department of Labor and Industries,
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly
reflect all direct and indirect costs expended and Services provided in the performance of this
Agreement. The Contractor agrees to provide access to and copies of any records related to this
Agreement as required by the City to audit expenditures and charges and/or to comply with the
Washington State Public Records Act (Chapter 42.56 RCW).
14. Public Records Compliance. To the full extent the City determines necessary to comply with the
Washington State Public Records Act, Contractor shall make a due diligent search of all records
in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone
messages, recordings, photos, or drawings and provide them to the City for production. In the
event Contractor believes said records need to be protected from disclosure, it shall, at
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Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold
harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation
related to a Public Records Act request for which Contractor has responsive records and for which
Contractor has withheld records or information contained therein, or not provided them to the
City in a timely manner. Contractor shall produce for distribution any and all records responsive
to the Public Records Act request in a timely manner, unless those records are protected by court
order.
15. Other Provisions:
a. Administration and Notices. Each individual executing this Agreement on behalf of Renton
and Contractor represents and warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of Renton or Contractor. Any notices required to be
given by the Parties shall be delivered at the addresses set forth below. Any notices may be
delivered personally to the addressee of the notice or may be deposited in the United States
mail, postage prepaid, to the address set forth below. Any notice so posted in the United
States mail shall be deemed received three (3) calendar days after the date of mailing. This
Agreement shall be administered by and any notices should be sent to the undersigned
individuals or their designees.
b. Amendment and Modification. This Agreement may be amended only by an instrument in
writing, duly executed by both Parties.
c. Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this
Agreement without the City of Renton’s prior express written consent.
d. Compliance with Laws. Contractor and all of the Contractor’s employees shall perform the
services in accordance with all applicable federal, state, county and city laws, codes and
ordinances. A copy of this language must be made a part of any contractor or subcontractor
agreement.
e. Conflicts. In the event of any inconsistencies between contractor proposals and this contract,
the terms of this contract shall prevail.
f. Governing Law. This Agreement shall be made in and shall be governed by and interpreted
in accordance with the laws of the State of Washington.
g. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the
joint efforts of the Parties and shall not be construed against one party or the other as a result
of the preparation, substitution, submission or other event of negotiation, drafting or
execution.
h. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King County
Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent,
King County, Washington, or its replacement or successor.
i. Severability. A court of competent jurisdiction’s determination that any provision or part of
this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this
Agreement, which shall remain in full force and effect.
j. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties
and any representations or understandings, whether oral or written, not incorporated are
excluded.
k. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed
to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties
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and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of the Parties and no one else.
l. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure
to enforce any provision of this Agreement shall not be a waiver and shall not prevent either
Renton or Contractor from enforcing that provision or any other provision of this Agreement
in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be
a waiver of any prior or subsequent breach unless it is expressly waived in writing.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date.
CITY OF RENTON
By:_____________________________
CONTRACTOR
By:____________________________
Enter Signer’s Name
Enter Signer’s Title
1055 South Grady Way
Renton, WA 98057
Enter Signer’s Name
Enter Signer’s Title
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Enter City Attorney Name
Enter City Attorney Title
Contract Template Updated 11/26/2019