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
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[]Boards / Committees
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[]County Code
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❑ Emergency Purchase
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[]Employee Rel.
❑ Invoices / Purchase Orders []Grants — Fed/State/Count❑
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F-1 Funds
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vel
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----
❑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