HomeMy WebLinkAbout6191STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
NURSERY SEEDLING GROWING CONTRACT
Contract No. City of Bremerton growing contract 2021
This Contract is between the State of Washington Department of Natural Resources (Grower),
and City of Bremerton (Purchaser). For valuable consideration, the Grower agrees to grow at
its nursery facilities seedlings from seed provided by the Purchaser.
The parties mutually agree to the terms below.
TERMS AND CONDITIONS
Section 1. Scope and Conduct of Work.
1. The Grower has suitable bareroot nursery space at its facility, a suitable labor force, technical
expertise and the needed equipment, materials and supplies to grow seedlings from seed for one
year, transplant one year old seedlings at approximately 24 seedlings per bed foot, and grow
transplanted seedlings for a second year for Purchaser. Seedlings included in this contract for the
sow year 2021 are specified in Schedule A, below.
Schedule A —Sow Year 2021
Seedlings Included in this Seedling Growing Contract
Species
Purchaser
Grower
Sow
Transplant
Harvest
Quantity
Price
Total
Code
Code
Year
Month
Season/Year
Thousands
$/M
$
M
Douglas-
C1321-
2021
August
Winter
10
$546
$5,460.00
fir Plu +1
2021
2022//2023
Total
I
1 10
$5,460.00
The management and procedure governing the work is as follows:
2. The Grower shall furnish all necessary qualified personnel, material, and equipment, and
manage and direct the activities to complete in a timely manner the work described in this
Contract.
3. Purchaser shall furnish an adequate amount of seed to produce the net quantity of seedlings
specified in Schedule A.
4. Grower shall grow the seedlings according to standard nursery practices and with the same
care as every other crop in the nursery to achieve the minimum standards set forth in subsection
5 of this Section.
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Grower will single sort Douglas -fir and cull all seedlings with a caliper of less than six
millimeters and height from root collar to terminal bud of less than twelve inches. Seedlings
will be free of any visually detectable disease or insects. Seedlings will be free of any forks at
the base of the stem. Seedlings will be root pruned to a root length of ten inches (+/- one inch).
Seedlings will be packed in Grower's seedling bags and stored in Grower's cold storage
facilities for not more than fifteen days.
Section 2. Period of Performance.
Effective Date: The beginning date of this contract shall be the date the last party has signed
the contract and returned a signed copy to the other party. Each project manager shall keep
an original signed copy.
2. Completion Date: This contract shall terminate on June 1, 2023 or when all of its terms and
conditions have been satisfied, per mutual agreement, whichever is earlier, unless terminated
sooner as provided herein.
Section 3. Payment.
1. Payment due to Grower for seedling production services shall be based on the stated price per
one thousand seedlings as set forth in Schedule A, plus applicable taxes, if any. Purchaser
shall pay Grower 50% of the seedling price specified in Schedule A at the time Grower
transplants the seedlings, based on the number of seedlings Purchaser requested and
transplanted by Grower. Purchaser shall pay the remaining balance based on the net number
of seedlings loaded for shipment. Grower will invoice monthly for seedlings shipped that
month. All payments are due within 30 days from invoice.
2. Storage costs for the first 15 days following packing is included in the seedling price. If
seedlings remain in Growers coolers beyond 15 days, a $5.00 per bag or box per month storage
fee will be added to the invoice, retroactive to the date that the seedlings were packed and
placed in storage.
3. The seedlings will be transported by Purchaser. No transportation beyond loading at the
loading dock will be provided by Grower.
4. The number of seedlings made available to Purchaser may vary from the ordered number of
seedlings due to potential production of less than or more than the requested quantity. The
Grower shall not be responsible for furnishing replacement trees for less than the requested
quantity.
5. Purchaser has the first right -of -refusal for any excess seedlings above the requested quantity
(overrun) at the contract price as set forth in Schedule A. Any seedlings below the minimum
specifications may be purchased by Purchaser or specifications adjusted as negotiated
between Purchaser and Grower. If Purchaser declines the overrun and/or seedlings below
specifications, they become the property of Grower to sell or otherwise dispose of.
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Section 4. Risks and Liabilities
The remedies provided in this contract are the sole remedies available to the Purchaser under
the contract.
2. No Warranties. The Grower disclaims all warranties, express or implied, including any
warranty of merchantability or of fitness for a particular purpose, in connection with the
seedling production services provided by Grower.
3. Grower will not be liable to compensate the Purchaser in any manner if Grower is unable to
deliver the seedlings or any part thereof by reason of any cause beyond its control such as Acts
of God or of the public enemy, wars, insurrection, riot, crop failure, loss of seedlings by fungus
or other disease, insects or other pests, fire, flood, strikes or other industrial dispute. If any of
the aforementioned events do not cause total destruction of the seedlings, the Grower will
deliver and the Purchaser shall accept such portion of the seedlings as have grown and met the
Minimum Standards set forth in Section 1, subsection 5 and payments due will be reduced
proportionately to the number of seedlings that meet the Minimum Standards.
4. If Purchaser's seedlings are significantly damaged by the Grower due to acts of negligence,
such as misapplication of fertilizers or herbicides, Grower will reimburse the 50% payment
made by Purchaser at the time Grower transplanted the one year old seedlings. However, if
any such event does not cause total destruction of the seedlings, the Grower will deliver and
the Purchaser will accept such portion of the seedlings as have grown and met the Minimum
Standards as set forth in Section 1, subsection 5, and the Purchaser will pay to Grower a
proportionate amount of the seedling price.
Risk of loss or subsequent damage to each shipment of seedlings shall pass to the Purchaser
upon completion of the loading of the shipment at Grower's nursery if transportation is by
Purchaser or commercial transportation.
Section 5. Miscellaneous
1. Amendment. The terms of this Agreement, including Schedule A, may be amended only by
the written agreement of both parties.
2. Assignment. This contract is not assignable by either party to a third party.
3. Termination. This contract may be terminated by written agreement signed by both parties. If
this agreement is terminated after seedlings have been transplanted, the Purchaser gives up
all rights to the seedlings and shall continue to be obligated to pay the 50% payment due at
transplant time, and if such payment has been made, shall not be entitled to its refund.
4. Dispute Resolution. In the event of any disagreement or dispute between parties under this
contract, the parties agree to attempt to resolve the dispute through direct negotiation. If the
dispute cannot be resolved by direct negotiation, the parties agree to participate in mediation
in good faith. The mediator shall be chosen by agreement of the parties. If the parties cannot
agree on a mediator, the parties shall use a mediation service that selects the mediator for the
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parties. The parties agree that mediation shall precede any action in a judicial or quasi-
judicial tribunal.
5. Governing Law. This contract shall be construed, interpreted and enforced pursuant to the
laws of the State of Washington. Venue shall be in Thurston County. The terms of this
contract shall be given their ordinary meaning and shall not be construed in favor of or
against either party hereto. If any provision of this contract violates any statute or rule of law
of the State of Washington, it is considered modified to conform to that statute or rule of law.
Section 6. Notification
Written notices may be delivered personally, or by e-mail, U.S. mail or express delivery, to
the designated contact persons or their designated replacements. Oral notifications are
acceptable if confirmed by written notice within 5 business days.
Project Manager.
The Project Manager for the Purchaser is Dave Denis
Telephone Number — 360-979-9020
City of Bremerton
Public Works & Utilities
100 Oyster Bay Ave. N.
Bremerton, WA 98312
2. The Project Manager for the Grower is John Trobaugh.
Telephone Number - 360-902-1270
DNR Webster Forest Nursery.
P.O. Box 47017
Olympia WA 98504-7017
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IN WITNESS WHEREOF, the parties have executed this Agreement.
Dated: December 24
Dated: 12/23
PHRCHAS • NAME
17
20 20 By:
Printed Name: Za ne Hamilton
Title: Acting Public Works & Utilities Director
FTIN: 91-6001231
UBI Number: 181-002-539
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
2020 By:
Printed Name: Mike Buffo for Andrew Hayes
Title: Forest Resources Division Manager
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DEPA RTMENT OF
NATURAL RESOURCES
FOREST RESOURCES
DIVISION
1111 WASHINGTON ST SE
M AIL STOP 47014
O LYMPIA, WA 98504-7014
360-902-1600
FRCD@DNR.WA.GOV
WWW.DNR.WA.GOV
December 18, 2020
TO: Angus Brodie, Deputy Supervisor for State Uplands
FROM: Andrew Hayes, Forest Resources Division Manager 141WI
SUBJECT: Delegation of Authority
During my absence December 23, 2020 — January 01, 2021, I hereby delegate the
authority reserved to the Division Manager for the Forest Resources Division as set forth
in the Delegation Order dated August 7, 2020 to Mike Buffo, Assistant Division
Manager, Forest Informatics.
This delegation excludes appointing authority and discipline or termination decisions,
which are to be referred to you during this period.
cc: Fxecutive Management
Executive Support
Division Managers
Region Managers