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HomeMy WebLinkAboutAgreements/Contracts - RenewGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Renew REQUEST SUBMITTED BY:Linze Greenwalt CONTACT PERSON ATTENDING ROUNDTABLE. Dell Anderson CONFIDENTIAL INFORMATION: EIYES ®NO DATE: 12/28/23 PHONE:509-765-9239 5-177=11 Ogg - *Agreement / Contract EIAP Vouchers ElAppointment / Reappointment 7ARPA Related El Bids / RFPs I Quotes Award EBid Opening Scheduled 7 Boards / Committees 7 Budget E]Computer Related 7 County Code El Emergency Purchase El Employee Rel. r-1 Facilities Related r-1 Financial ElFunds El Hearing El Invoices / Purchase Orders El Grants — Fed/State/County E]Leases EIMOA / MOU El Minutes El Ordinances 7 Out of State Travel 7 Petty Cash El Policies ❑ Proclamations 7 Request for Purchase El Resolution 7 Recommendation 7 Professional Serv/Consultant El Support Letter [:]Surplus Req. F]Tax Levies F]Thank You's E:]Tax Title Property EIWSLCB K Landscape and Grounds Maintenance Contract between Renew and Junior S Mowing Effective 1/1/24 - 12/31/25 for our Quincy Location - 203 Central Ave S Rebekah previously apporved DATE OF ACTION: (`' q', 71 APPROVE: DENIED ABSTAIN D1: A C-tj D2: D3: 1 DEFERRED OR CONTINUED TO: K24-006 LANDSCAPE AND GROUNDS MAINTENANCE CONTRACT This Cohtract ("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 Junior S Mowing, duly farmed and doing business in the -State of Washingt6n ("Contractor"). In consideration of the mutual promises and covenants contained Therein, the parties hereto agree as follows: 1) Work of Contract/ Scope of'Work. The Contractor shall do all work and -furnish all tools, material, equipment, and things of every description, necessary to complete the following tasks -and scope of work -as per the request for bids; or Landscape and Grounds Maintenance. Contractor will be responsible at a minimum to: 1. Weekly Lawn'Maintenance 2. Lawn Edging 3. Clipping Cleanup 4. Fertilizer 5. Flower Bed:Weed Control and Trimming Contractor shall le5ve the project site in a clean condition with all -debris recovered and Temoved. The term "'work" shall mean all work individually and/or collectively performed by the Conttactor during the project, 2)' Proiect Site. The wdrk.shall be accomplished upon the real prqpertycommonly known and situated on or about as 203 Central Ave S. Quincy, Washington, or as may be more specifically directed at the sole discretion of the Cdunty. 3) bate of Commencement and Date of Completion. This contract begins January 1. 2024 and will ekpire on December .31,, 2025. The County may at its distretion 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, will provide 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 Contratt Sum subject to provisions set -forth below in Par8graph 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 wagp and affidavit of wages paid as required by WA State, Department of Labor -and Industries, Quincy Landscape and Grounds Maintenance Contract 1/1/24-12/31/25 Contrattor shall submit a monthly billing statement and/or invoice to the County. Such billing statement and/or invoice shall sdt 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 Bon&: N6t Required. 6) Indemnity and Hold -Harmless. The Contractor-shall'defend, indemnify, and hold the bounty, 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., exceptfor injuries and -damages caused by the sole negligence of the County. It is futther specifically and .expressly understood'that the indemnification provided herein coristitu.tes the Contractor's waiver of 'immunity under Industrial Insurahce, title .51 RCW, 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). lnsuranci!. 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. Th&Contractor shall ,provide a Certification of Insurance evidencing: a) -Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and b) Commercial 'GeneraI Liabilit irisurance:written on an occurrence basis with limits -no less than $1,000,000 combined single limit per occurrence and $l.,000,000 aggregate -for .pdrsonal injury, ,bodily injury and property damage. Coverage shall include but no be .1imitedlo: blanket contractual; products/competed operations; broad form property damage; explosion, collapse,and-- underground (XCU) if applicable; and employer's 'liability. c) Worker's Comoensation 'insurance at the- limits established -by the State of Washington. Costs -are based weekly mowing to adjust for any months or events that requite more than four mowing periods in a single month. Any paymeht of deductible or self-insured retention 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 Contrattor*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, tuspengion or material change in coverage. Qulky'Landscape and Grounds Maintenance Contract.1/1/24-12/31/25 agre6ments, and obligations contained. in the Contract. Neither party shall assign the work Without written consent of the other. If elther..party attempts to make such an assignment Without such consent,, that party,shall nevertheless remain legally responsible for all obilgations set forth in the Contract, 12) Changes 'in- Wo rk. 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 adjustfnent(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 tin� e 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 sura or time of performance, or bothi 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 imm6diately with the Change Order 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 exeduted'in accordance with the Contract. 13) No Agency Relations . 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 Coritractor 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 . Contractor shall at all times, keep the project site,, including, hauling routes, infrastructures, utilities, and storage areas, free from accumulations of waste materials, Bef6he 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. JIf Contrattor falls 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 Contfactor. 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. Quincy Landkape and Grounds Maintenance Contract 1/l/24-11/31/25 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 I nclu ding but not limited to: a) work not in accordance with the Contract; b) Reasonable evidence that the work required by the Contradt cannot be completed for the unpaid 'balance of the coritratt 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 ofContractor's fault or negligent acts or, omissions. PROVIDED: In any case where..gart 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). 9) Authority of Count,. If the Contractor fa.ils to perform the work according to requirements of, the Cofitract Document,, the County shall provide written notice of the deficiency to the .Contractor and Contractor.shall have seven (7) days to correct the 4eficiency -'in the work. If the Contractor failt 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 Cohtractor's deficiency and' -(b) deduct from the Contractor's. payments the cost of such effort. 10) warrant . In addition to .any specia] 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 an, y 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 Cou'rity; and 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 C6ntract. d) The obligations under this Section shall survive completion. 1i) Successor and Assigns. The County and Contractor respectively bind themselves, their partners, successors., assigns,, and lega [,rep resentatives to the other hereto and to partners., T successors, assigns and legal r6presentatives of such other party in respect to covenants, Quincy Undscape and Grounds- Maintenance Contract I/1/24-12/31/25 16) Entire Agreement. The Contract embod!Lms the entire agreement between the parties, all other agteements, oral or written, are hereby merged into and superseded by -the Contract. Themii 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) lanabon 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) fleadines, Construct -ion. Theteadings.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 construction cif any term or provision hereof. In construing the parties' intent With regard to this contract,, no greater or -stricter construction of any te.rm or *provision hereof shall be asserted a&nst the County as drafter, 20) Governing Law ., Venue. The performance and interpretation of the Contract Document shall be governed and interpreted in accordance with the laws of the SOW of Washington.Any litigation arising out of or in connection with thistontract shall be -conducted in Grant County, Washington. I Quincy Landscape and Grounds Maintenance Contract 1/1/24-12/31/25 Exhibit A Quincy Renew Building Ongoing Grounds Maintenance Unit Cost Annual Cost 1. WeLikly Lawn Maintenance $125.00 $4,000 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 IS., 2024. 2. Lawn Fertilizer Included Included 2 applications per year 3'. Flower -Bed Included Included Weed control and trimming 11. Snow Removal Snow Removal 2-V $150 6-91ift $200 10-12" $30 -0 - Quincy Landscape and Grounds Maintenance Contract 1/1/24-12/31/25 LANDSCAPE AND GROUNDS MAINTENANCE CONTRACT BOARD OF COUNTY ccs ISSIONER GfZA-NT A FNo t ��! Cindy Carter,-. hair a ATTESTp_ anny E. Stne/ice-Chair D, , Ba bara J. a- Uu Rob�JQ ;' Member ber rk f the 6 - Grant County dba Renew Dell nder on, 9.16, LMHC bate' Executive Director Junior S dowing 12/22/2023 Junior Oamachc Date Approved as to form; Rebekah l aylor, WSBA #53257 Civil Deputy Prosecuting Attorney Date: Quincy Landscape and Grounds Maintenance Contract 1./x./24-1.2/31./25