HomeMy WebLinkAboutAgreements/Contracts - RenewGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
. Renew
REQUESTING DEPARTMENT.
REQUEST SUBMITTED BY:Linze Greenwalt
CONTACT PERSON ATTENDING ROUNDTABLE..Dell Anderson
CONFIDENTIAL INFORMATION: 7YES Fmi N 0
DATE: 11 /14/2023
PHONE: X54'7
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1"00WE �:VII'RD �G
Landscape and Grounds Maintenance Contract between Renew and Tatum
Lawn Care, Inc. Effective 1/1/24 through 12/31/25 for Moses Lake locations -
840 E Plum St and 836 E Plum St
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DATE OF ACTION:
APPROVE: DENIED ABSTAIN
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F] Invoices / Purchase Orders
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7Minutes
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7 Out of State Travel
El Petty Cash
ElPolicies
El Proclamations
El Request for Purchase
EIResolution
El Recommendation
El Professional Serv/Consultant
E]Support Letter
E]Surplus Req.
F]Tax Levies
E]Thank You's
E]Tax Title Property
7WSLCB
Wh erm sr,
1"00WE �:VII'RD �G
Landscape and Grounds Maintenance Contract between Renew and Tatum
Lawn Care, Inc. Effective 1/1/24 through 12/31/25 for Moses Lake locations -
840 E Plum St and 836 E Plum St
1
I��q,�0,1ppy ov eak Cna ,olaula3.
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
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DEFERRED OR CONTINUED TO:
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2023
v-13-272
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LANDSCAPE AND GROUNDS MAINTENANCE CONTRACT
This Contract ("Contract"), entered into by and between Grant County dba Renew, duly
organized and operating under and by virtue of the Constitution and the laws of the State of
Washington, ("County"), and Tatum Lawn Care, Inc., duly formed and doing business in the
State of Washington ("Contractor").
In consideration of the mutual promises and covenants contained herein, the parties hereto
agree as follows:
1) Work of Contract / Scope of Work. The Contractor shall do all work and furnish all tools,
materials, equipment., and things of every description, necessary to complete the following
tasks and scope of work as per the request for bids, for Landscape and Grounds
Maintenance.
Contractor will be responsible at a minimum to:
1. Weekly Lawn Maintenance
2. Lawn Fertilizer / Weed Control
3. Lawn Aeration
4. Tree / Shrub Insect and Disease Control
5. Deep Root Fertilizer
6. Tree/Shrub Trimming
7. Weed Control
8. Weekly Litter Removal
9. Spring and Fall Cleanup
10. UGS/Dripline Repair & Maintenance
11. Snow Removal /Application of Deicer
Contractor shall leave the project site in a clean condition with all debris recovered and
removed. The term "work" shall mean all work individually and/or collectively performed by
the Contractor during the project.
23 Project Site. The work shall be accomplished upon the real property commonly known and
situated on or about as 840 E Plum St and 836 E Plum St. (Renew) Moses Lake, Washington,
or as may be more specifically directed at the sole discretion of the County.
3) Date of Commencement and Date of Completion. This contract begins January 1, 2024 and
will expire on December 31,, 2025. The County may at its discretion extend the contract for a
single year. The contract price cannot change in the first year. Within 30 days' notice before
beginning work in the second year of this contract the contractor may ask for an increase in
the cost of this contract. If contract terms are successful an amendment to the contract will
be written, if a resolution cannot be reached and at the County's discretion, willprovide 30
days' notice to the Contractor that that contract will be advertised for bid.
4) Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below in
Paragraph 14, and with payment of such Contract Sum subject to provisions set forth below
Moses Lake Landscape and Grounds Maintenance Contract 1/1/24-12/31/25
in Paragraph 9 and 12, and/or any other provision contained within the Contract which may
affect such Contract Sum to be paid to Contractor, can be found in Exhibit A.
Any additional costs resulting from jurisdictional requirements maintained by an additional
authority; permit costs as needed; and all materials and/or labor to complete the scope of
work described herein are the responsibility of the Contractor.
Contractor will file an intent to pay prevailing wage and affidavit of wages paid as required
by WA State Department of Labor and industries.
Contractor shall submit a monthly billing statement and/or invoice to the County. Such
billing statement and/or invoice shall set out the nature of work performed, as well as the
time and materials involved in such work or percentage of work completed as mutually
agreed upon by the Contractor and the County. The County will pay such statement and/or
invoice within thirty (30) days of receipt.
5) Performance and Payment Bonds.: Not Required.
6) indemnity and Hold Harmless. The Contractor shall defend, indemnify, and hold the County,
its officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including attorney fees, arising out of or in connection with the
performance of the contract,, except for injuries and damages caused by the sole negligence
of the County.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, title 51 RCW1
solely for the purposes of indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration of termination of this
contract.
7) Insurance. The Contractor shall procure and maintain for the duration of this contract
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 Contractor, its agents,
representatives, employees or subcontractors. The Contractor shall provide a Certification of
Insurance evidencing:
a) Automobile Liability insurance with limits no less than $1.,000,00ocombined single limit
per accident for bodily injury and property damage; and
b) Commercial General L,�iab,_il ty insurance written on an occurrence basis with limits no less
than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate for
personal injury, bodily injury and property damage. Coverage shall include but no be
limited to: blanket contractual; products/comp eted operations; ons; broad form property
damage; explosion, collapse and undergrou.nd (XCU) if applicable; icable; and employer's
liability.
c) Worker's Compensation insurance at the limits established by the State of Washington.
Costs are based weekly mowing to adjust for any months or events that require more than
four mowing periods in a single month. Any payment of deductible or self-insured retention
Moses Lake Landscape and Grounds Maintenance Contract I/1/24-12/31/25
shall be the sole responsibility of the Contractor. The County shall be named as an additional
insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the County as additional insured shall be
attached to the Certificate of Insurance. The Contractor's insurance shall be primary
insurance with respect the County and the County shall be given thirty (30) days prior
written notice of any cancellation, suspension or material change in coverage,
8) Payments Withheld. The County may withhold or, on account of subsequently discovered
evidence, nullify the whole or part of any payment to such extent as may be necessary to
protect the County from loss or damage for reasons including but not limited to:
a) Work not in accordance with the Contract;
b) Reasonable evidence that the work required by the Contract cannot be completed for
the unpaid balance of the contract sum;
c) Work by the County to correct defective work or complete the work;
d) Failure by the Contractor to perform in accordance with the Contract; or
e) Cost or liability that may occur to the County as the result of Contractor's fault or
negligent acts or omissions.
PROVIDED: In any case where part or all of a payment is going to be withheld for
unsatisfactory performance, the County shall notify Contractor in accordance with RCW
39.76.011(b)o
9) Authority of County. If the Contractor fails to perform the work according to requirements of
the Contract Document, the County shall provide written notice of the deficiency to the
Contractor and Contractor shall have seven (7) days to correct the deficiency in the work. if
the Contractor fails to correct the deficiency in the work within the seven day period or to
take and continue all appropriate steps to initiate the corrections in the event corrections
cannot be reasonably completed in the seven day period, the County may, without prejudice
to other remedies, (a) use County forces, other contractors, or other means to make good
the Contractor's deficiency and (b) deduct from the Contractor"s payments the cost of such
effort,
10) Warranty. In addition to any special warranties provided elsewhere in the Contract
Department and/or companion or applicable documents, the Contractor warrants that all
work conforms to the requirements of the Contract and is free of any defect in equipment,
material, or design furnished, or workmanship performed by Contractor.
With respect to all warranties, express or implied, for work performed or materials
furnished according to the Contract, and/or companion or applicable documents, the
Contractor shall:
a) Obtain all warranties that would be given in normal commercial- practice;
b) Require all warranties to be executed, in writing., for the benefit of the County; and
Moses Lake Landscape and Grounds Maintenance Contract I/1/24-12/31/25
c) Enforce all warranties for the benefit of the County if directed by the County, including
any subcontractor's, manufacturer's, or supplier's warranty that extends beyond the
period specified in the Contract.
d) The obligations under this Section shall survive completion.
11) Successor and Assigns. The County and Contractor respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other hereto and to partners,
successors, assigns and legal representatives of such other party in respect to covenants,
agreements, and obligations contained in the Contract. Neither party shall assign the work
without written consent of the other. If either party attempts to make such an assignment
without such consent, that party shall nevertheless remain legally responsible for all
obligations set forth in the Contract*
12) Changes in Work. The County may, at any time and without notice to Contractor's surety,
order additions, deletions, revisions, or other changes in the work. These changes in the
work shall be incorporated into the Contract Document through the execution of Change
Orders. If any change in the work ordered by County causes an increase or decrease in the
Contract Sum or the time of performance, an equitable adjustment shall be made, and such
adjustment(s) shall be incorporated into a Change Order.
If the County desires to order a change in the work, it may request a written Change Order
proposal from Contractor. Contractor shall submit a Change order proposal within 14 days of
the request from the County, or within such other period as mutually agreed. Contractor's
Change Order proposal shall include full compensation for implementing the proposed
change in the work, including any adjustment in the contract sum or time of performance,
and including compensation for all delays in connection with such change in the work and
for any expense or inconvenience, disruption of schedule, or loss of efficiency or
productivity occasioned by the change in the work. Upon receipt of the Change Order
proposal, or a request for equitable adjustment in .the contract sum or time of performance,
or both, the County may accept or reject the proposal, request further documentation, or
negotiate acceptable terms with Contractor. Pending agreement on the terms of the Change
Order, the County may direct Contractor to proceed immediately with the Change Order
9
work. Contractor shall not proceed with any change in the work until it has obtained the
County's approval. All work done pursuant to any County -directed change in the work shall
be executed in accordance with the Contract.
13) No Agency Relationship. Neither the Contract, nor any agreement implied therefrom,
constitutes the Contractor as an agent or legal representative of the County for any purpose
whatsoever, and the relationship of the Contractor to the County by reason of the Contract
Document shall be that of an independent contractor. The Contractor is not granted any
express or implied right or authority to assume or create any obligation or responsibility on
behalf of or in the name of the County or to bind the County in any manner or thing
whatsoever.
14) Clean Up. Contractor shall at all times, keep the project site, including hauling routes,
infrastructures, utilities, and storage areas, free from accumulations of waste materials.
Moses Lake Landscape and Grounds Maintenance Contract 1/1/24-12/31/25
Before completing the work, Contractor shall remove from the premises its rubbish, tools,
scaffolding, equipment, and materials. Upon completing the Work, Contractor shall leave
the project site in a clean, neat, and orderly condition satisfactory to the County. If
Contractor fails to clean up as provided herein, and after reasonable notice from the County,
the County may do so and the cost thereof shall be charged to Contractor.
15) Survival. In the event any clause or provision of this Contract shall be held to be invalid, then
the remaining clauses and provisions shall nevertheless be and remain in full force and
effect. -
16) Entire Agreement. The Contract embodies the entire agreement between the parties, all
other agreements, oral or written, are hereby merged into and superseded by the Contract.
There are no other agreements which modify or affect the terms hereof. No amendment
hereto shall be binding unless the terms thereof are in writing signed by both parties. Time
is of the essence. No verbal or other agreements modify or affect the Contract.
17) Explanation of Documents. The Contract been fully reviewed by the Contractor. The
Contractor has had the opportunity to consult with legal counsel as to the legal effect of the
Contract.
18) Notices. All notices which may be required pursuant to the terms hereof are to be in writing
and delivered personally to the party to receive the same or mailed by regular mail, postage
prepaid to the address specified adjacent to the parties' signatures. All notices shall be
deemed served upon delivery thereof or three (3) days following deposit of the notice in the
U.S. mails as required herein.
19) Headings,, Construction. The headings of the sections and paragraphs are inserted solely for
the convenience of the parties and are not a part of and are not intended to govern, limit or
aid in the construction of any term or provision hereof. In construing the parties' intent with
regard to this contract, no greater or stricter construction of any term or provision hereof
shall be asserted against the County as drafter.
20) Governing Law, The performance and interpretation of the Contract Document shall
be governed and interpreted in accordance with the laws of the State of Washington. Any
litigation arising out of or in connection with this Contract shall be conducted in Grant
County, Washington.
Moses Lake Landscape and Grounds Maintenance Contract I/1/24-12/31/25
Exhibit A
EMoses Lake Renew Building Ongoing Grounds Maintenance
Unit Cost
Annual Cost
1. Weekly Lawn Maintenance
$90.00
$2,880.00
Mow, trim, edge, blow debris off walkways 32 times per season
from approximately 03/01/24 - 11/15/24
First mowing to start on or about March 1, 2024
Last mowing on or about November 15, 2024.
2. Lawn Fertilizer/Weed Control
$200.00
$800.00
4 applications per season to keep lawn green, healthy, and weed -free
3. Lawn Aeration
$225.00
$225.00
1 time per season.
4. Tree/Shrub Insect and Disease Control
$200.00
$400.00
application(s) throughout season
5. Deep Root Fertilizer
$250.00
$250.00
-1 aerations per season on all trees and shrubs
6. Tree/Shrub Trimming
$1100.00
$2;200.00
Trim all trees and shrubs 2 times per season.
Trees should not touch the buildings or the roofing.
7. Weed Control (shrub beds, property/fence lines, walkways, etc.)
$800.00
$800.00
Apply preventative pre -emergent herbicides and apply touch-up . sprays
monthly throughout the season to maintain a weed -free appearance,
including entire perimeter of property
8. Weekly Litter Removal
$10.00
$320.00
Remove debris on a weekly basis (32 times per season) on lawn, walkways,
and shrub beds. Litter removal from lawn is expected before mowing
9. Spring and Fall Cleanup
$1,100-00
$2,200.00
Cleaning of all lawns, shrubs, and flower beds, twice per season,
to include leaf removal.
.10. UGS/Dripline Repair & Maintenance
$300.00
$300.00
Seasonal start up and shut down of underground sprinkler system,
including drip lines in shrub beds. To include winterization (blowout) of
UGS, as well as sprinkler head repair/replacement and adjustment at
spring start up. *Replacement of sprinkler heads, drip lines, orsprinkler
pipeslvalveslboxeslrelaysltimersletc. are to be executed by permission
of the Maintenance Supervisor and will be considered an unscheduled and
.additional cost from this proposal. See additional information
11. Snow Removal/Application of Deicer
See Additional Info.
Plowing of parking lots will be completed by 7:OOAM (Monday -Friday) when
when it snows >2". Application of deicer to parking lot when it snows <2",,
and reapply as needed. If heavy ice is predicted, deicer must be applied up
I to a maximum of 12 hours before predicted.
Total Annual Cost for Services $10,,375.00
Moses Lake Landscape and Grounds Maintenance Contract I/1/24-12/31/25
Additional Information
1. Irrigation Repair
Irrigation repairs needed throughout the season
2. Snow Removal/Application of Deicer
Renew Facility is second on Tatum's list for snow clearing, which assures
the parking lot is clear prior to opening.
Plow 2-3"
Plow 3.1-5"
Plow 5"+
Deicing is completed with a granular product
Average rate applied is 300 lb
Moses Lake Landscape and Grounds Maintenance Contract 1/1/24-12/31/25
Cost
$75 per hour plus
materials
$225.00 per plow
$300-00 per plow
$400.00 per plow
.60 cents per pound
$180.00
LANDSCAPE AND GROUNDS MAINTENANCE CONTRACT
ATTEST:
Approved as to form:
Rebekah kayfor, WSBA #53257
Civil Deputy Prosecuting Attorney
Date:
BOARD OF COUNTY
COMMISSIONERS
GRANT COUN WASHINGTON
2, Z 3
R6nt!rs, Chair
Cindy 6&ter, Vice -Chair
Danny Stone, Member
Grant County dba Renew
reg•' C
6TR'
Dnderson, M.Ed, LMHC Da &_
Executive Director
Tatum Lawn Care, 11 116.*
Bobatum k� Date
Moses Lake Landscape and Grounds Maintenance Contract 1/1/24-12/31/25