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SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the I st day of October, 2018, (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" or "Client"), through
its Public Works Department and Monarch Landscaping WA, LLC ("Contractor"), a Delaware
limited liability company, who are collectively referred to as the "Parties", to perform landscaping
maintenance and vegetation cleanup at the Renton Municipal Airport, as further described in this
Agreement. Renton and Contractor agree as set forth below.
1. Scope of Services: Contractor will provide all material and labor necessary and perform
all work described in Contractor's proposals which are attached and fully incorporated into
this Agreement by reference as Attachment "A" and "B."
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 work identified in
Attachments A and B no later than 60 calendar days after the Agreement's Effective Date.
Contractor shall complete the scope of work identified in Attachment A no later than 12
months after the Effective Date. Contractor shall complete the scope of work identified in
Attachment B no later than 90 days after the Effective Date.
4. Term of Agreement/Termination: The Term of this Agreement shall end on October 31,
2019. This Agreement may be extended to accomplish change orders, if required, upon
mutual written agreement of Renton and Contractor.
Termination:
A. The City reserves the right to terminate this Agreement at any time, with or
without cause by giving thirty (30) calendar days' notice to the Contractor in writing. In the
event of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the Contractor
pursuant to this Agreement shall be submitted to the City, if any are required as part of
the Work.
B. In the event this Agreement is terminated by the City, the Contractor shall be
entitled to payment only for all labor and materials actually worked or provided to the
effective date of termination, less all payments previously made. The Contractor is not
entitled to lump sum amounts the unexpired /terminated term of the contract. This
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rhi,- tv the City s;lal? is � (1,-:1dLJ tcd frv,ra the final payment due the Contractor. No payment
shall tic ioa-je ijy, Li" ' Ci y for any expenses incurred or word done follotkvirlg tape eff carve
clan_ Of termination unless authorized in advance in writing by the City.
5, ARreefjient Surd: The total amount of this Agreerent is <18,522.30 which consists of (1)
a one-time annual amount of $9,738.30 for work performed under Attachment A and (2)
a one-time amount of $8,783.50 for work performed under Attachment 6, 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 rhake payment of the amount
identified as the Agreement Surd,
7, Method of Payment: Payment by Fenton 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 Fenton. For Attachment A work, the contract shall be paid in twelve equal installments
to reflect the anticipated benefits of the Services shall be received throughout the year.
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 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
(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
cantractor and Renton, its officers, officials, employees and volunteers, Contractor's
lint?ility shall be only to the. c Itent of Contractor's negligence.
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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
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,
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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 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.
L 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.
I. 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
Gregg A. i erman, P.E.
Public Works Administrator
1055 South Grady Way
Renton, Washington 98057
Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
............ ..........
Date
Contract Template Updated 12/29/2017
CONTRACTOR
° 11
Date
,: I ORT ,ri ch INTERRACARE
CrG' iVL�s f 'z ASSOCIATES
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MONARCH LANDSCAPE COMPANIES
CLIENT: Renton Municipal Airport - Renton (B)
BILL TO: Renton Municipal Airport
ATTN: Brad Zaruba
RE: Cleanup
W/O# 630-D6578-20
PROPOSED 09/11/2018
BY: Josh Bradley
+12065106783
josh.bradley@nIswa.com
TOTAL: $8,783.50 tax included
We hereby propose to furnish materials and labor - complete in accordance with below specifications, including
clean-up and removal of all related debris. .
Goals/Issues to Address:
Scope of Work:
Monarch Landscape Companies proposes to supply labor material and equipment necessary to:
• Perform a cleanup in bed along base of runway(see map)
• Remove some plant material/transplant some plant material throughout bed
At the conclusion of the work any generated debris will be disposed of off site and the work
area left clean.
WARRANTY: All material is guaranteed to be as specified. All work to be completed in a workmanship like manner according to standard
practices. Any alterations or deviations from above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. Plant material is warranted for one year of date of installation unless planted in areas not
irrigated or where the irrigation system is in -operable.
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(MONARCH COMPANIES
LANDSCAPE MAINTENANCE AGREEMENT
I. SCOPE OF WORK
The work shall be accomplished for Client, on site Renton Municipal Airport - Renton located at 616 W Perimeter
Rd. Renton, WA, and will include landscape -improved areas within the property lines, or as noted.
Contractor shall perform the landscape maintenance as specified herein. Contractor will provide all supervision,
equipment, labor, materials, tools, chemicals and transportation to accomplish the work in accordance with
industry standards.
Bill To:
1. LAWN CARE
a. Mowing and Trimming
Turf area will be inspected and all litter and debris will be removed prior to mowing.
Mowing will be provided during the growing season or as needed to ensure a healthy turf and
provide a neat appearance.
iii. General turf areas will be mowed at a mowing height best suited to turf type and season. Mowing
height may be increased by 25% in summer to reduce total stress on the turf.
iv. A high quality cut will be provided by mowers with sharp cutting edges.
v. Clippings will be mulched or removed from turf area and any excess clippings will be swept or
blown after each mowing.
vi. Trimming around trees, shrubs, sign posts and other areas within the turf not accessible by a
mower will be performed using herbicides, hand labor, or monofilament line trim after every other
mowing. Trees are to be protected when monofilament line is used.
b. Edging
L All accessible areas (sidewalks, curb lines, concrete slabs, tree circles, shrub beds) will be edged as
needed to maintain a neat, clean appearance approximately twice per month during growing
season. Dirt and debris from edging operations will be removed.
ii. Method of edging will be mechanical for hard edge surfaces and monofilament line for soft edges.
c. Fertilization of Turf
L The fertilization program will provide the equivalent of four pounds of nitrogen per 1000 square
feet, per year, to maintain a healthy green lawn. Potash, and trace elements will be provided in a
well-balanced analysis. A premium blend of IBDU/SCU fertilizers will be used to allow for a reduced
frequency of fertilization.
d. Weed Control in Turf
L Broadleaf weeds will be treated with selective herbicides as needed to address weed penetration.
ii. In cases of weeds dying and leaving unsightly holes, spot seeding is recommended, and can be
performed for an additional cost.
iii. Moss will be controlled by chemical application in the early spring.
2. TREES, SHRUBS & GROUND COVER
a. Fertilization
L Trees, shrubs, and ground covers (3" caliper or less) will be fertilized in a uniform manner as
needed to ensure a healthy appearance. A slow -release type mixture that contains a balanced
formula will be used. Fertilizer will be applied to all trees, shrubs and ground covers in proper
proportion to size and density.
b. Disease and Insect Control
i. Periodic inspections will be made for indications of disease or infestation. Diagnosis and remedies
will be communicated to the Owner/Manager with a proposal for corrective action.
c. Pruning
i. Trees and shrubs within reach from the ground will be pruned to maintain a natural shape and
balance. Diseased and damaged growth will be removed.
ii. Deciduous trees will be pruned as needed during winter dormancy to provide natural shape and
habit. Evergreen trees will be pruned in summer or as needed.
iii. Ground cover and shrubs will be trimmed or sheared from March through September to maintain a
natural shape and function as needed to provide the desired appearance. Ground covers will be
trimmed to maintain a clear edge along the boundaries of desired growth.
iv. All shrubs will be maintained in the shape and appearance that existed when the Contractor
acquired the site unless otherwise agreed upon by Addendum.
v. Resulting debris will be removed from the site.
d. Weed Control
L Planter beds will be weeded by hand or through the use of a post -emergent herbicide as needed to
maintain a neat and clean appearance. Pre -emergent herbicides may be applied two times per year
in all open bed areas to assist in bed weed control.
ii. Moss will be controlled in beds, by hand, on a rotational basis once every 6 weeks during the
growing season and supplementary by chemical application as needed.
e. Seasonal Color Maintenance
i. Beds will be groomed including removal of litter, weeds and leaves.
ii. Flowers will be pinched and deadheaded according to the 'Schedule A'.
iii. Fertilizing and pest control will be performed as necessary to promote optimum color display.
3. GENERAL MAINTENANCE
a. Bed Activity
i. Beds will be raked where no ground cover exists to maintain a neat and clean appearance per the
'Schedule A'. During each visit a portion of the open bed space will be maintained.
b. Leaf Collection
i. Removal of leaves from lawns, planter beds and walkways will be completed throughout the year
as needed to maintain a clean appearance. Within the boundaries of developed landscape areas,
major fall leaf removal will be provided on an ongoing basis until leaf drop is complete. It is not
intended that all leaves will be removed from the entire site each visit during the fall leaf pick up
season.
Page 2 of 7
ii. Undeveloped areas will be left natural unless the Owner/Manager requests a specific clean-up of
the area. Leaf removal is not provided for in parking areas.
c. Encroachment Control
The perimeter of the property will be inspected and encroaching plant material will be knocked
back per'Schedule A'.
d. Hard Surfaces
i. All walks, patios, driveways and entries will be mechanically cleaned of gardening debris resulting
from Contractor's landscaping activities.
ii. Hard surfaces will be inspected for crack weeds, chemically sprayed, then resulting debris will be
removed manually.
Litter Control and General Inspection
i. During each visit, all maintained landscape areas within the scope of this contract will be policed
for litter and debris. Any improprieties should be brought to the attention of the client or their
representative.
f. Replacement of Plants
i. Dead plants and those in a state of decline will be brought to the client's attention immediately.
Replacements must be accepted by and paid for by the client unless mortality is caused by
Contractor's negligence or a prior agreement is binding.
Irrigation
The irrigation system will be recharged in the spring and all components checked for effective
operation. Adjustments will be made and sprinkler heads flushed as needed. Any necessary repairs
will be reported to the owner's representative along with an estimate for the approval of the cost
of repair and replacement parts unless pre -approval is not required.
System components will be monitored as needed from April through September for proper
operation. Adjustments will be made as needed and any necessary repairs reported to the Owner's
representative for authorization to repair at additional cost.
iii. Irrigation system will be shutdown for the winter by shutting off water, timer and opening drains.
iv. Compressed air blow downs will be done by request only and at additional charge.
II. CONTRACTOR'S INSPECTION
Contractor's supervisor will visit the site of work a minimum of four (4) times per year. During the inspections the
supervisor will evaluate the condition of the grounds and progress of landscape maintenance. Following each
inspection, supervisor may recommend to Client changes or additions to the work or other undertakings by Client
to enhance the appearance of the landscape.
III. EXCLUSIONS
The following items shall not be included within the scope of work:
1. Maintenance of trees above twelve (12) feet in height. Any pruning or major structural work required on large
specimen trees will be inspected and a recommendation will be made for services of a Certified Arborist. Any
supervision provided by the Contractor shall bear additional charges.
2. New plantings and other enhancements, except with Client's prior approval and agreement.
3. Replacement of any losses, repairs or liability for damages which have resulted directly or indirectly from
factors beyond Contractor's control, including but not limited to freeze, drought, flood, windstorm, or any
items not listed under 'Schedule A' attached hereto.
Page 3 of 7
4. Cleanup from severe storms that cause significant damage to the landscape. The contractor will charge an
agreed upon additional fee for restoring the grounds back to its normal maintained condition. This may
include removal of tree and shrubs, large quantities of branches and other fallen vegetation.
5. Watering except in cases where underground irrigation systems are operating under Contractor's control.
6. Disease, insect or rodent infestations, as well as removal of feces.
7. Removal of sharps including but not limited to broken glass, pieces of metal, and syringes.
8. Moss control on hard surfaces.
9. Mechanical cleaning of parking lots or roads.
10. Any other services performed and/or materials delivered which are not specifically mentioned herein will be
deemed additional services.
IV. LIMITED WARRANTY
Contractor hereby warrants that it shall perform all landscape maintenance specified herein in a sound and
workmanlike manner and will not undertake any aspect of the work which violates any known ordinance, codes or
statues in effect in the county in which the work is being performed.
V. INSURANCE- AN D...LICENSES
Contractor -agrees ta-provide-war.kman!-s-c-ompensation,-unemployrnexrt-and--other-insur-ance-and4iceases-required
VI. HOLD HARMLESS
Contractor hereby agrees to hold Client harmless from any liability or claim for damages or personal injury,
including death, which may arise from Contractor's operation under this Contract. Contractor further agrees to
remedy any damages to Client's property caused by Contractor's operations in the performance of this
agreement.
Contractor does not in any fashion agree to indemnify or hold harmless Client from any liabilities which arise
directly or indirectly from actions or failures to act by Client, its agents, employees, business invitees, tenants or
their guests.
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Page 5 of 7
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CONTRACT AMOUNT
In consideration for the Contractor's performance described in this agreement, owner agrees to pay Contractor
the following amount:
January 4.53
Febpj-ary $611.53
MafGh $-7-11.53
April $911-53
IaAay c Q
June
luly
August
5epber
Total Per Yea
$1,011.53
$1,011.53
$914 53
can
$611.50
r $9,738.30 annually (tax not included)
=1..160.61 j
Page 6 of 7
SCHEDULE 'A' SPECIFICATIONS
Maintenance Activity Schedule
Renton Municipal Airport - Renton
TURF ACTIVITY
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AS NEEDED
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AS NEEDED
AS NEEDED aaaoaoaa
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AS NEEDED
AS NEEDED
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Rimm
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SPOT SPRAYING
AS NECESSARY
mmm®
BED ACTIVITY
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
Weeding/Raking
4
4
5
4
5
5
4
4
34-42
Weed Spray
8-12
Fertilization
1
1
2
Pre -emergent
2-3
Prune Groundcover &
Shrubs
3-8
Prune Trees
2-3
Litter Pick-up
30-42
CLEANUP
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct Nov
Dec
Total
Leaf Pickup
6-12
Blowing
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OTHER �TASKSJan
Feb
Mar
Apr May Jun
Jul Aug Sep
Oct
Nov
Dec Total
Encroachment Control
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1-8
QUALITY CONTROL
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
Site Walk with Customer
1
1
1
1
4
IRRIGATION
Jan
Feb
Mar
Apr May Jun
Jul Aug Sep
Oct
Nov
Dec
Total
OnlOff
1
1
2
Monitor/Adjust
• •
Page 7 of 7
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