HomeMy WebLinkAboutContractPage 1 of 5
AGREEMENT FOR DOWNTOWN HANGING FLOWER BASKET
PROGRAM
THIS AGREEMENT (“Agreement”) is made as of the 12th day of February 2024, (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 Uyeta Landscape and Maintenance,
(“Contractor”), a Washington Profit Corporation, who are collectively referred to as the “Parties”, to install
and maintain flowers/plants in hanging containers in the Downtown Renton business district May 15
through October 31 of 2024. 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
May 15, 2024.
4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Services,
October 31, 2024. 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 forty-two thousand seven
hundred fifty dollars ($42,750.00) 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.
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
CAG-24-067
Page 2 of 5
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.Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate
party at the address which appears below (as modified in writing from time to time by such party),
and given personally, by registered or certified mail, return receipt requested, by facsimile or by
nationally recognized overnight courier service. Time period for notices shall be deemed to have
commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have
commenced on the first business day following transmission. Email and telephone may be used
for purposes of administering the Agreement, but should not be used to give any formal notice
required by the Agreement.
Page 3 of 5
CITY OF RENTON
Jessie Kotarski
Economic Development Manager
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7271
jkotarski@rentonwa.gov
CONSULTANT
Eddie Uyeta
Uyeta Landscape & Maintenance
19605 106th Ave SE
Renton, WA 98055
Phone: (253) 859-8589
eddie@uyetalandscape.com
11.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
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.
12.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
Page 4 of 5
Contractor’s employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor’s obligation and responsibility.
13.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.
14.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).
15.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
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.
16.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.
Page 5 of 5
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
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:____________________________
Brianne Bannwarth
Interim CED Administrator
1055 South Grady Way
Renton, WA 98057
Eddie Uyeta
Uyeta Landscape and Maintenance
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
By: __________________________
M. Patrice Kent
Sr. Assistant City Attorney
Contract Template Updated 11/26/2019 (h/contract/2024/2945)
_____________________
die Uyeta
03/05/2024ϯͬϲͬϮϬϮϰ
Approved by Patrice Kent via email 2/19/2024
NOTE- FOR IRRIGATION SERVICES----THIS ESTIMATE DOES NOT INCLUDE THE NEED FOR PLUMBER SERVICES IF NEEDED FOR A COPPER WATER
MAIN. We reserve the right to call a plumber of our choosing to “tap” into a copper water main and this will be billed to the client as an extra charge over the listed
estimate.
Credit card transactions will be charged an additional 3%
Any alteration or deviation from above specifications involving extra costs should be executed only upon written order and will become an extra charge over and
above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Note- this proposal may be withdrawn by us if not accepted
within 30 days. One year Limited Warranty on plants that are purchased and installed by Uyeta Landscape. This is a ONE TIME only replacement and does not
include labor.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will
be made as outlined above. By signing below, I certify that I have read the Construction Lien Notice (Notice to Owner) as provided below. Any questions
concerning this Notice has been discussed.
Date: ________________________ Signature: ______________________________________
PROPOSAL 19605 106th Ave. S.E., Renton, WA 98055
(O): 253-859-8589 (F): 253-856-0896
www.uyetalandscape.com
MBE: M4M7720907 NAICS: 561730
Contractor LIC: UYETALM888RJ Pesticide Lic: 73867
THIS IS AN ESTIMATE. The summary [above] is furnished by Uyeta Landscape as a good faith estimate of work to be performed and is based on
our evaluation and does not include material price increases or additional labor and materials which may be required should unforeseen
problems arise after the work has started. I understand that the final cost of the work may differ from the estimate, perhaps materially. All material
is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submi tted for above
work and completed in a substantial workmanlike manner for sum of:
$ 17,463.11
(incl. WA
Sales Tax)
Date: 2/6/2024
REVISION: Original
Project Manager: Eddie Uyeta - (206) 730-0266
Job Site / Ship To Bill To ܈ Same as Ship To
Customer Name: City of Renton
Address: 1055 S Grady Way, 6th Floor Address:
City: Renton State: WA Zip: 98057 City: State: Zip:
Phone:425-430-7271 Alt. Phone: Email: JKotarski@Rentonwa.gov
We hereby propose to furnish the materials and perform the labor necessary for the completion of: renovation/construction/installation.
(PLEASE NOTE: THIS IS AN ESTIMATE OF TIME AND MATERIALS NOT A BID)
Project Description: Installation of 120 hanging baskets Price
1. Prepare 120 planted hanging baskets for mid May delivery and installation. Basket will have multi-colored
annuals that will last 4-5 months.
$ 14,668.11
2. Installation, end of season removal. Note: this price does not include storage of baskets $ 2,795.00
džŚŝďŝƚͲ^ĐŽƉĞŽĨtŽƌŬ
NOTE- FOR IRRIGATION SERVICES----THIS ESTIMATE DOES NOT INCLUDE THE NEED FOR PLUMBER SERVICES IF NEEDED FOR A COPPER WATER
MAIN. We reserve the right to call a plumber of our choosing to “tap” into a copper water main and this will be billed to the client as an extra charge over the listed
estimate.
Credit card transactions will be charged an additional 3%
Any alteration or deviation from above specifications involving extra costs should be executed only upon written order and will become an extra charge over and
above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Note- this proposal may be withdrawn by us if not accepted
within 30 days. One year Limited Warranty on plants that are purchased and installed by Uyeta Landscape. This is a ONE TIME only replacement and does not
include labor.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will
be made as outlined above. By signing below, I certify that I have read the Construction Lien Notice (Notice to Owner) as provided below. Any questions
concerning this Notice has been discussed.
Date: ________________________ Signature: ______________________________________
PROPOSAL 19605 106th Ave. S.E., Renton, WA 98055
(O): 253-859-8589 (F): 253-856-0896
www.uyetalandscape.com
MBE: M4M7720907 NAICS: 561730
Contractor LIC: UYETALM888RJ Pesticide Lic: 73867
THIS IS AN ESTIMATE. The summary [above] is furnished by Uyeta Landscape as a good faith estimate of work to be performed and is based on
our evaluation and does not include material price increases or additional labor and materials which may be required should unforeseen
problems arise after the work has started. I understand that the final cost of the work may differ from the estimate, perhaps materially. All material
is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submi tted for above
work and completed in a substantial workmanlike manner for sum of:
$ 25,286.89
(incl. WA
Sales Tax)
Date: 2/6/2024
REVISION: Original
Project Manager: Eddie Uyeta - (206) 730-0266
Job Site / Ship To Bill To ܈ Same as Ship To
Customer Name: City of Renton
Address: 1055 S Grady Way, 6th Floor Address:
City: Renton State: WA Zip: 98057 City: State: Zip:
Phone:425-430-7271 Alt. Phone: Email: JKotarski@Rentonwa.gov
We hereby propose to furnish the materials and perform the labor necessary for the completion of: renovation/construction/installation.
(PLEASE NOTE: THIS IS AN ESTIMATE OF TIME AND MATERIALS NOT A BID)
Project Description: Weekly Maintenance of 120 hanging baskets Price
1. Maintenance of seasonal color baskets will include 2 watering per week from mid-May through end of
September. Note: this will not include dead heading of spent flowers or cleaning.
$ 25,286.89