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HomeMy WebLinkAboutAgreements/Contracts - Central Services (003)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FOR (Must be submitted to the Clerk of the Board by 12:00pm on Th M p Thursday) REQUESTING DEPARTMENT: Central Services DATE: 3/21/24 REQUEST SUBMITTED BY: Tom Gaines PHONE: 3276 CONTACT PERSON ATTENDING ROUNDTABLE • Tom Gaines CONFIDENTIAL INFORMATION: ❑YES ®NO ®Agreement / Contract❑AP Vouchers Sal a " " ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Sc ❑ Computer Related p g heduled ElAppointment / Reappointment []Boards / Committees ❑ARPA Related []County Code ❑ Facilities Related El ❑ Emergency Purchase ❑ Budget []Employee Rel. ❑ Invoices / Purchase Orders []Grants — Fed/State/Count❑ ❑Minutes y F-1 Funds ❑Leases Hearing EJ Ordinances ❑ Policies ❑ Proclamations El Out of State Travel vel ❑ MO A / MOU ❑ Petty Cash ❑ Recommendation ❑ Professional Sery/Consultant ❑Tax Levies ❑ Request for Purchase ❑ Support Letter ❑ Resolution ❑Thank You's❑Surplus ---- ❑Tax Title Property Req. ❑WSLCB DATE OF ACTION:— APPROVE: CTION: APPR_ OVE: DENIED ABSTAIN D1: S 00 D2: D3: DEFERRED OR CONTINUED TO: Y,624-094 CONTRACT AMENDMENT KJs Lawn Care and Maintenance LLC Contract for PS2201.1 Mowing services for the Grant County' Fairgrounds This document is an amendment to contract K22-055 between KJs Lawn Care and Maintenance LLC and Grant County, entered March 22 2022, and set to expire March 2024. Section 3 of this contract (attached) reads as follows: "The County may, at its discretion, extend this contract for a year ... Within 30 days' notice before beginning ng work in the second year of this contract, the Contractorg u may ask for an increase in the cost of this contract." Grant County wishes to extend this contract for oneear as y per section three and is willing to accept the contractor's 8% increase request. Accordingly, the contract is extended to an expiration of March ch 31 2025. The previous cost was: Subtotal $5,300.00 -Wash in ton State Sales Tax 8.2% $434.60 Total $5,734-60 -per month The County agrees to pay the increased cost as follows: Subtotal 5 7 $ 24.00 Washin ton State Sales Tax 8.2% $469.37 Total $ 6 193.3 7 per month All other sections or specifications in the contract remain. 4 Dated the of 2024, 0 Mted the Of .12024. ATTESTV raquez �rV Jra, f �V 16 Board Approved as to form: m Barbara G. Duerbeck WSBA Deputy Prosecuting Attomey Date-, MIT "0 T L-, Danny Stone,, Member EM�ITI IN- V m4w )11 �ell CON --QCT THIS CONTRACT (44Cont1'a.ct"), entered into by and between GRANT COUXTY, duly organized and operating under and by v-1jue of * file Constitution and the laws of the State Washington, ("County"% , of 1 and TMJ Lawn care and Maintenance LLC,, •a 1 4 6 corporation d-Ldy formed and doing business in the I 'mited lia I Itcy State of Washingtoll ("Contractor"). In consideration Of the Inutual prom's' agree as follows: I es and covenants colitained herein, dle Parties hereto Work of Cgntract/&e of �Woc. The Contractor sia71 do materials, equipment, and things Of every description a work and furn'sh all tools, " necessaxy to cOrnPIcte the following ta§ks and KOPe Of wo& as per . the, request for bids, for the Grant County fairgrounds Mowing Services P S2201.1. Contractor will be responsible at a mi ' M to: I. -Perform weekly 4W all assigned areas per the request forbi 2. Edge all Mowed areas ds 3. Remove all grass clippings from walk way,9 after mowing and edging 4. Coordinate with fairgrounds staff around special events and thegrant county fair, Contractor shall leave the projec t site in a clean condition with all debris recovered and removed. The tern, woric shall mean all work individually and/or collectivelY Pedo-ruied by the colltractor during the project. 2"prod ect xte. The worl< shall be accomplished upon the real pro ext comp only I now d ity Fairgrounds) Moses Lake, •Washington situated on or about as 3953 Airway Dr. NE (COui r er n an may be more specifically directed at the, sole discretion of the Cotaity. or as 3. Date ofCormi-Lencenient and Dat.e.,of COM Lebon. Th' is contract begins March 2022 and #11 expire in March of 2024. The COUntY n1aY at its discretion extend the contract for a s' W1 The contract price cannot change *n the fl:rst year. Within 30 da s' .91e year. m ill the second year of this contract the c0ntra.ctOr 'nay ask for notice before be work If contract terms are successful an amendment to the, co an increase in the cost of this contract, contract will be written, if a resolution cannot be reached and at the Counties discretion, Will provide 30 d.aysf notice to contract will be advertised for bid, the contractor that the 4, CO-ntfaCtRuin -and Teens. The agreed Contract s=� except fOr Paragraph 14, and with Payment of such Contract Sum Provisions set fortb below in subject to proviso Ions set forth below Paxagraphs 9 and 12, and/or ally other pro 'so all Contract Suni to be, paid to Contra v1 'oil contained withill the Contract w1lich may affect such ctor, is as follows: KJs Lawncare and Mal"tenance Fairgrounds Mowing Serv, Ices Contract PiS2201.1- 2022-2024 — page 1 Subtotal Washin tan State Sales Tax @ 8.2% Total $5,300.00 $434.60 15 0 per month onth Any additional costs resulting fromittrisdiefional re i permit costs as needed; quirements m " tained by an additional authority.; and all materials and/or labor to complete a111 SC 4 the ScOPe of work de ribed here' are the resPOns'bil'ty of the Contractor, in Contractor will file m, intent to PaY preva*l' A. State Dept, of Labor and Industries, I Ing wage and affidavit of wages paid as required by Contractor shall submit a Monthly billing statement and/0 0 Sia. and/or •in - voice sball set out tho nature of wor , r invoice to the County. Such billing 0 e-Tfornied, as well as the time and mater-als I kp evolved in such work or percentage of woric completed as mutually agre and the County. The County will pay Sucl, st6tement and/orinvo roe Upon by the Contractor 5. Performnnqp and PayM���: Not Required ice within thirty . (3 0) days ofrece 1 -Pt. 6. 1nde=1'f_yq.-n �[ Hol d HalLmless, The Contractor shall defend, indem-n- its officer's Ify, and hold tile. County., 5 officials, employees and volunteers harmless from any and all claims, losses or suits, * 1 1 contract including attorney fees, arising Out Of Or in COnneQtion with 'ni Ur " e, 8, d am a g e s, except for injuries and damages caused by the sole ne ligene the PCrfOrmalice of the 9 e of theCotulty. It is further specifically and expressly und ' constitutes the, Contractor's Waiver ofilm, . erstood that the indemnification pro Wed here -in 1WJ1ty Linder Industdal insurance V1. the purPses of indemnification. This waiver has been m title 51 RCW,, solelyforprovisions of thi's section shall sur i utually negotiated by the parties, The survive' the expiration of ter inatio-n of this contract. 7. intal las—ul-raM,ce. The Contractor shall procure d Ma' n for the duration of this contract, -6 insurance against claims for injuries to P,,,O,, an 9 cO=0ct10n with the perBormance or dama e to PrOPertY Which •may arise •from or in of the work herewider by the Colitractor, its agentS5 rep:resentatives, employees Or subcOntractors. The Contractor shall provide a Certificat"On of Insurance eviden a Automphilp, T.i@hflftXi-nSUra11ce with limits no less than �1,��0,��� cing: limit per accident for bodily injury and property darnage; and combined single b. COInmerc-,inlcj'reiieralLiabili insurance�,witten 011 at, Occurrence basis with limits no less than $ 1 MONO combined'single limit per Occunence and $1000 for personal' " 7 000 aggregate, Wi"Lay, bodily injury and property damage. Coverage shall include but not be limited to.- blanket contractual; Products/com •eted o ProPerty dainage; ex*si0n� c011apse, and underground crations; broad form employer's liability. (XCU') if applicable; wid Worke-r',v. 0"M .991--isation i -nsurance atthe limits established by the State of KJs Lawneare and Maintenailce Fah -grounds Mowing Services Contract P52201J.- 2022-2024 — Page 2 Washington. .Costs axe based weekly mowing to adjUst for any months 9 or events thn+ mowing Periods in a single 'nonth. Anypayment of deductible or self.in 1XIL. quire more than four sured retention shall be the sale responsibility of the Contractor. The County shall be named s an additional insurance policy, as respects work Performed by ins-uxed on the endorsement naming the county or on behalf of the Coatractor and a cOPY of the InsuXance. The Contractor's ' as additional insured shall be attached to the cellifleate of Insurance shall be primary * I Insurance with respect the Coullt and the County shall be given thirty (30) days prior written notice o Y material change in coverage, f any cancellation, suspension or, so mellk AX71" •The COU nty may withhold or evidence, nullify the whole or part of any pay,11e:at to � on accotmt of subsequently discovered County from loss or damage for reasons * such extent as may be necessary to protect including but not litnited to: a. ., Work not in accordance with the Contract; b. Reasonable evidence that the work •required by the Contract Gann be complete the unpaid balance of the coiltract sum; d for Work by the County- to correct defect ivework or com fete the work.., P d. Failure by the Contractor toperf i orn, n accord-cmco with theContract; or e, Cost or liability that may occur to the Count• ' y as the result Of Contractor) -aultor ne gligelt acts or oinissions, f PROVIDED- In any case where part or all of a payment is g Performance, the County shall not'fy Contractor' 01lig to be withheld for unsatisfactory in accordance with RCW39-76,01 01.1(b}, 9. If the •Contractor fails of the Contract Docum,ent the Count shall ProAde to Perform the work •according to requirements I Written notice ofthe deficiency to the Contractor and Contractor shall have seven days to correct the deficiency in the work. If the Contractor fails to correct the deficiency n the WOrk within the sever i day Period or to tal(e and continue all steps to 'nitiate the correctiolls in appropriate the event corrections camot be reasonably completed ift the seven day Period, the CoUntY WaY, without Prejudice to o atractors, or other means to Wake good the Contrac Count forces, other ther remedies (a) u. s e C Contractors defic Contractor's payments the cost of sucl, eff iency and (b) deduct from roin the 10. Warrant v nf Co•nstruction. •fia addition to any special Wmanties pro Contract Docuillont Vided elsewhere in the and/or companion Or applicable documents, the work confornis to the requ.' Contractor warrants that all or design f irements of the Contract and is free of any defect in equipme t uraished, or wo n , material, rknlanship PerfolTned bY Contractor. With respect to all warranti es, express or implied, for W0:r1c performed •or materials furnished according to* the Contract, and/or coMP4niOR Or applicable docuni nts the,Contracto shall, ILSs Lawnc are and Maintenance Fairgroullds Mowing Services Contract PS2201-1- 2022-2024 — Pa 3 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 UntY, and c. Enforce all warranties for the benefit of the CO any subcontractor's Comty, if directed by the Co manufadurers ntY, 'neluding or SuPPlier's W�Wranty that extend u I SPecified in the Contract. s beyond the period d The obligations under this Section shall smvive completion ill SucceSMOT.01 and Assi.ans, The County and Contractor Nftners successors, P respective) bind themselves their assIgns, -aad legal re resent to Successors., asst ns and le the Otheir Party hereto and to Partners gal -rePrCsCntatives of such in respect to co-Venants and obligations contained in the Contract. Nei Otber party agreements, consent of the other. Neither Party shall assign the work without written If e'ther patty attempts to make such an a Im n Ithout-such consent, that arty shall nevettheless remain legally responsible for a sslgl e t w P obligations set forth in the Contract 12. khan es in Wor The Cotmty may, � h �,M �e Ut notice to Contractor's surety, order add Wons, deletionsat MY time and Witho , -revisions, or other changes in the wo&. These chxiges be incorporated into the uough the execution of Change Ord 6 Contract Doc=ellt tl *11 UIC work shall in the WOrk ordered by COUntY causes an increase or decrease in the Cont efs, If any change performance,,ane quitable Sum or •the time of -tact adjustment shall be made and such adjustments(s) into a Change -Order. shall be incorporated Ifthe County desires to Order a change in the Work t may request a written 'roll' Contractor. C011txactor shall sub. _n Change Order proposal f Mit a Cbange Order proposal within 14 days of the req- I aest from the County, or within such other period RS Mutually agreedt Proposal shall include fu' Contractor's Change Order C01'nPensat"On for imp C1 lementilag the proposed change on t1le work� atr including any adil"stmCnt in the co act sum or ti for all delays rRe Of Performance and including comp 1n Connection with such change in the WOrk and for any expense or We ells'c1tion disrLI-PtIM, of schedule, or loss of effil onvenience clOneY or productivity Occasioned by the change in the wo&. upon receipt of the Change OrderProposal, or a -request for equitable adjust adjustment th or time of PerfolTnance or both e contract sum documentation, or negotiate the County '-nay acre -or reject the acceptable telins With Contraotor. Pend" proposalp request ftirther the Change Order Ing agreement on the term;s of the County may direct Contractor, to Proceed immediately with the Change order work. Contractor shall not proceed with any change in the work U11ti approval, All work done pursuant to I it has obtained ed the Coun S accordance with the Contract, anY County -directed change in the work shall be executed in 13, No A enc 99!�F�RR�elat�ioil�s_h constitutes i-0, Neither the Contract, nor any ag-teemcnt implied therefrom thO contractor as an agellt or legal rePreselatative of the County for any purpose whatsoever, and the relati0iiship Of the Contras torto t1le County byreason,oftheCo shall be that of an fildependent colitractor. The Contract , ntract Document Or Is nOt granted any express or implied right or authority to assurne or create any obligation or responsibility on behalf of or in the nanle ofthe COWAY or to bliad the County in any manner or thing whatsoever, I KJs Lawneare Wid Mailltenalice FaiCgrounds MDwing Services Contract PS2201.1. 2022-2024 — Page 4 14. Clean 1 Contractor —`P .. , actor shall at all times, lee the xnfrastructures, ut111t1es, ani store e project s1te, including haulm routes g yeas, free from accunralations o g Bef , conlpleting the work, +ant°ctox f waste n�ate'�as, shall remove from the remise din e equipment, and materials. Upon co premises rubbish, tools, scaffolding Clean T ., �rnpletrng the work. Contractors gs ,neat, a.xa.d oz derly condition satisfactory hall leave the project ect site in a . rovided at sfactory to the Count . If Co • herein, and after reasonableY nt�actor fails to clean u notice f� ons the Court the � as thereof shall be charged to Contra �'s County may da so and the cost st l�. Survival, �n the event an then h t • Y clause or provision of this Conti the remaining clauses and provisions s act shall be held to be Invalid hall nevertheless be axrd remain ' ' 1n full force and effect. 16- entire �. ,e em.en t. The Contract embodies the en ` , agreemcn,ts, Ozal or written ar tz e agreement between the artier a e hereby merged. into and su e , � all other other agreei�.erlts which .lnodi�' or � zseded by the Contract. There are y affect the terms hez;ecf,o amen no unless the terns thereof, cin ' ` chuen.t hereto shall be writing signed by both allies. binding ether, agreements Modifyor affect � � �1nIc is of essence. No verbal the Contract. or 17. Ex�Iaan�a�tio�n-of Doc, lIlments. The Contract been Contractor has had the opportunity ' filly reviewed by the Contractor. .�.� unity to consult with legal counsel � tor. The as to the legal effect of the Contract. �.�� rlotl�� whiC�1 ' and deli may be required pursuant. to the ter vexed personalXY to the part to receive n�S hereofare to be in w�•itin to the address specified Y ve the same or mailed. by alai mail g acllacent to the parties' si g azl, postage prepaid delivery thereof or thz'ee gn.atures. All notices shall be deemed s (3} days following deposit of . served upon the notice in the U.S. mails as re qui ed la erern. t; 190 adi Constr'�etiol� ,• �- The headings of the sections an � � . the convex�,ence Of the � d paza�raphs are inserted , parties and are not a pail of and are ed solely for constretion of an term or not Intended. to govern,limzt or i � provision. lZereof. Iii +�onstr�xin aid in the eont'acts no greater or stricter g the laartics' intent with re ` ter construction of an term o r . , gaud to this the ComtY as drafter, Y z pz`o rzs"on hereof shall be assefted' against _ 20. DisUtesAttor��nes�Tees In any eontrioverS c , , this contract or the methodYs el or dispute ariszn out of or and manner ofperfornance g s relating to, Party shall be entitled to be thereof or the breach thereof, the prevailing . awarded. its reasonable att � , . a prevailing as are appropriate. If neither orne s fees 1n addition to such other da party wholly prevails, the art that images awarded its reasonable attorneys' fees - party substantial preva'ls, shall be ,� . , �; as lYtigatron expenses. For the • terms ��proed�1g and rr�lt� at10�1rr �i� purposes of provision the � all rn.cl��d� ar�ltr'atron, ����nrstr � Proceedings, incRidin.g a eats therefor ative, ptcy, and. 'ud.rcial � axn. .� 21. overl]in►aw venue. The peiTo: mice and interpretation be governed and rote prcted in ace p tion of the Contract Document sha accordance with the laws of e �,X axising out of or in connection th State ofWashington.. An I-, ' with this Cantt�act shall be co Y gation nducted �. Grant County, washin Washington, n, . K,is Lawncare and Maintenatioe Fairgrounds nds Mowing Services Contract PS220 X ,1- 2022- . 2024 Page 5 Us Lawncare and Maint,,Iaucc Fairgrounds Mowing Sel,vices COIltract PS2201.1- 2022-2024 —Page 6 r Dated the of V 2022. CONTRACTOR: CONTRACTOR: KYS LAWN CARE & MAINT LLC 1803 BASIN ST SW EP ATA WA 98823 Byl*-k Ke"vin Judkins, Pri al License No. KJ-SLAC885DH UBI No. 603 165 040 Dated the-2�Of 2022. 00 BaYbard J. Vasquez s Fqe zT? u 0 -A Cl wr"f the Board Approved as to form: By —4 Kevin M'.Crae -Prosecut'ng Attorney Date: ]BOARD OFCOUNTYCOxIM1,9SIONERS GRANT COUNTV-W A MAR 2 2 2022 KJs Lawncamand Maintenance Fairgrounds Mowl'19 Services COntract PS2201.1- 2022-2024 — Page 7