HomeMy WebLinkAboutAdden 1CAG-18-242, Adden #1-20
AGREEMENT RE SMALL WORKS CONTRACT AGREEMENT CAG-
18-242
THIS AGREEMENT (the "2020 Agreement"), dated for reference purposes only as April 14, 2020,
is by and between the City of Renton (the "City"), a Washington municipal corporation, and
Monarch Landscaping WA, LLC (the "Contractor"), a Delaware limited liability company. The City
and the Contractor are referred to collectively in this 2020 Agreement as the "Parties." Once fully
executed by the Parties, this 2020 Agreement is effective as of the last date signed by both
parties.
Whereas, the City engaged the services of Contractor under Agreement CAG-18-242 (the "2018
Agreement"), dated October 1, 2018, to perform landscaping maintenance and vegetation
cleanup at the Renton Municipal Airport.
Whereas, per Section 3 of the 2018 Agreement, all work under the 2018 Agreement was to be
completed no later than October 1, 2019 (12 months from the 2018 Agreement's October 1, 2018
effective date).
Whereas, per Section 4 of the 2018 Agreement, the 2018 Agreement terminated on October 31,
2019.
Whereas, Contractor performed some work through February 2020, after the 2018 Agreement
had ended. Some of this work was to resolve the City's complaints that some of Contractor's
work during the contract period had not been satisfactory. Some of this work was caused by
Contractor's inattention to the termination date of the 2018 Agreement, resulting in the
Contractor performing monthly work twice after the 2018 Agreement was to have terminated.
Whereas, per Section S of the 2018 Agreement, the total amount to be paid to Contractor was
$18,522.30 which was to include Washington State Sales Tax. Of that amount, $8,783.50 was
paid upfront for a one-time vegetation and landscaping cleanup, with the balance of $9,738.80
to be paid monthly at 5811.53/month for vegetation and landscaping maintenance.
Whereas, during the contract period, each month Contractor invoiced City for $860.20, which
was the $811.53 plus Washington State Sales Tax. In addition, for the two months of work after
the contract period ended, Contractor billed the City once in the amount of $860.20 and once in
the amount of $903.21. Thus, the total amount Contractor billed to City is $20,869.31. Of this,
the City has already paid $19,148.91, an overpayment of $626.21 above the contracted amount
of $18,522.30. The City has not yet paid one of the $860.20 invoices and the $903.21 invoice.
Whereas, the Parties agree that it is a fair and just outcome and in both Parties' interest to resolve
this matter amicably that the City make a one-time, final payment to Contractor of $996.85
(calculation: the two outstanding invoices of $860.20 and $903.21, both adjusted down to the
contracted monthly rate of $811.53, less the $626.21 in prior overpayment).
Whereas, both Parties acknowledge mutual benefit and adequate consideration.
NOW THEREFORE, It is mutually agreed upon as follows:
1. Incorporation of Recitals: The above recitals are incorporated herein.
2. Compensation: City shall compensate Contractor in the amount of $996.85 within 30 days
of the effective date of this 2020 Agreement. Contractor is entitled to no other or further
compensation or benefit from City.
Contractor's Release: As between Contractor and the City, the Compensation specified and
agreed to in this 2020 Agreement addresses and resolves every claim by the Contractor for
all work (1) under the 2018 Agreement and (2) performed after the 2018 Agreement
terminated. Contractor hereby waives and forever discharges City from all claims, whether
known or unknown, arising out of related to the 2018 Agreement.
4. Other Provisions:
A. Approval Authority. Each individual executing this 2020 Agreement on behalf of the
City and Contractor represents and warrants that such individuals are duly authorized
to execute and deliver this 2020 Agreement on behalf of the City or Contractor.
B. Amendment and Modification. This 2020 Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
C. Governing Law. This 2020 Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton.
D. Joint Drafting Effort. This 2020 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.
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Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this 2020 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. Contractor
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Contractor is a foreign corporation not registered with the State of
Washington.
F. Severabillty. A court of competent jurisdiction's determination that any provision or
part of this 2020 Agreement is illegal or unenforceable shall not cancel or invalidate
the remainder of this 2020 Agreement, which shall remain in full force and effect.
G. Sole and Entire Agreement. This 2020 Agreement contains the entire agreement of
the Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
H. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this 2020 Agreement, and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants of the 2020 Agreement.
I. Counterparts. The Parties may execute this 2020 Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one 2020 Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this 2020 Agreement.
CITY OF RENTON
By: - �
int Name:
Acting Public W rks Administrator
3 1w. Seitz
Date
Approved as to Legal Form
By:
CONTRALTO
By:
Prin ame: \Q• lJ���t
Title: V P
0`A I a-q 6 2e,
Date
Approved by Leslie Clark via 4/29/2020 email
Shane Moloney
City Attorney
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