HomeMy WebLinkAbout15-083 - Environmental Service Associates (ESA) - Archeaological Support for Duwamish Hill Preserve �J��flL^ wq� Contract Number: 15-083
ti . 141 Of TU%CVI/I/a Council Approval N/A
0 6 6200 Southcenter Boulevard,Tukwila WA 98188
O
1908
CONSULTANT AGREEMENT FOR
ARCHEAOLOGICAL SUPPORT SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as"the City", and Environmental Service Associates (ESA), hereinafter referred to as
"the Consultant", in consideration of the mutual benefits,terms,and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Archeaological
Support services in connection with the project titled_Duwamish Hill Preserve Phase II .
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto,including the provision of all labor,materials,equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending August 31, 2015_, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence upon written notice by the City to the Consultant to proceed. The Consultant
shall perform all services and provide all work product required pursuant to this Agreement
no later than August 31,2015_unless an extension of such time is granted in writing by the
City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B"attached hereto,provided that the total amount of payment to the Consultant shall not
exceed $9,000.00_ without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
19-0)7 Q-Uir
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations,applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
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 Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised:1-2013 Page 2
A
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation,within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant,or any employee of the Consultant.
CA revised: 1-2013 Page 3
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee,commission,percentage,brokerage fee, gift,or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement,the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised:1-2013 Page 4
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
ESA
5309 Shilshole Avenue NW, Suite 200
Seattle, WA 98107
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this �f - day of PM 1 ,20 /$ .
CITY OF TUKWILA CONSULTANT
By: .�..��•
Rick Still
Parks and Recreation Director
Printed Name: C642?/. Gm
Title: P,ir4VG/r oz... /4/tre f�7G�,-iz
CA revised:1-2013 Page 5
EXHIBIT B—COST ESTIMATE
Duwamish Hill Preserve Phase II Archeaological Support
LABOR COSTS
Task 1: ARMP/IDP $1,180.00
Task 2: Orientation $ 220.00
Task 3: On Site Monitoring $2,470.00
Task 4: Technical Memo $ 930.00
$4,800.00
NON-LABOR COSTS $ 60.00
CONTINGENCY $4,140.00
(including 3 add'!days of on-site monitoring)
TOTAL $9,000.00
CA revised:1-2013 Page 6
r (' 5309 Shilshole Avenue NW
Suite 200 www.esassoc.com
F'
Seattle,WA 98107
206.789.9658 phone
206.789.9684 fax
April 8, 2015
Dave Johnson
City of Tukwila Parks and Recreation Department
12424 42nd Avenue South
Tukwila, WA 98168
RE: Duwamish Hill Preserve Phase 2 Archaeological Support of Construction
Dear Dave:
ESA is pleased to provide the enclosed proposed scope of work and cost estimate to provide Archaeological
Support during construction of the City of Tukwila's Duwamish Hill Preserve Phase 2 Project. I have developed
these materials based on information that you and I have discussed.
Please contact me(206.789.9658,clockwood@esassoc.com)if you have any questions or need additional
information.Thank you.
Sincerely,
Chris Lockwood
Principal Investigator
Northwest Cultural Resources Group
•
P" ESA
Attachment A
City of Tukwila
Duwamish Hill Preserve Phase 2 Archaeological Support during Construction
Project Description: The City of Tukwila Department of Parks and Recreation is constructing Phase 2
of the Duwamish Hill Preserve at 3800 South 115th Street(parcel #s 1023049057 and 1023049085), in
Tukwila, Washington. The 3.3-acre, environmental restoration project will construct wetlands and water
features, create a"cultural garden" of native plants selected in consultation with tribal and community
groups, install buffer and display plantings, and place walking paths. The project is subject to Executive
Order 05-05 (EO 05-05) due to Heritage Capital Projects funding, administered by the Washington State
Historical Society(WSHS). In January 2015, ESA conducted archaeological survey for the Project.
Based upon the results of its archaeological survey, ESA made the following recommendations:
• The City should formulate an Archaeological Resources Monitoring Plan/Inadvertent Discovery
Plan (ARMP/IDP) for use during construction, and
• A professional archaeologist should monitor construction of ground disturbances that will extend
deeper than 36 inches (91 cm)below natural ground surface.
The Washington Department of Archaeology and Historic Preservation has concurred with the
recommendations.
Scope of Work: The Scope of Work to be conducted by ESA includes four main tasks:
Task 1. Formulate ARMP/IDP. Under this task,ESA formulate the ARMP/IDP. ESA will
submit one draft(docx and PDF format) for review by the City. ESA will revise and finalize the
ARMP/IDP (PDF format) based on a single set of comments provided by the City. Under this task,
ESA will also oversee project schedule and budget
Task 2. Cultural Resources Orientation.ESA will provide one, 30-minute preconstruction
cultural resources orientation to construction personnel (City project manager and inspectors,
Contractor and Subcontractor supervisors)prior to the beginning of ground disturbing
construction. The orientation will include a discussion of the ARMP/IDP and its protocols. The
orientation will be held in Tukwila.
Task 3. Archaeological Monitoring. ESA will provide two days (up to 20 hours including
travel)of On-Site archaeological monitoring during construction deeper than 36 inches (91 cm)
below natural ground surface. ESA will also coordinate with the City's Project Manager under this
task.
Task 4. Technical Memorandum. ESA will summarize monitoring results in a Technical
Memorandum.ESA will submit a draft report(docx and PDF format)for review by the City.
Once comments are received, ESA will submit one electronic copy(in PDF format) as the final
deliverable. The City will be responsible for distributing the Technical Memorandum to
appropriate agencies.
r ESQ.
Attachment A
City of Tukwila
Duwamish Hill Preserve Phase 2 Archaeological Support during Construction
Deliverables: Draft and final ARMP/IDP.
Draft and final Technical Memorandum.
Schedule: ESA will establish schedule with the City after a Notice-to-Proceed has been issued.
Assumptions:
• Only one round of revisions will be required for each deliverable.
• A single orientation meeting will be held in Tukwila.
• All new ground disturbance deeper than 36 inches(91 cm)below natural ground surface will be
completed within two 8-hour construction days.
• No archaeological resources will be discovered during construction.
• Scope does not include response to inadvertent archaeological discoveries when archaeological monitor
is not present.
• If needed,additional monitoring or field services will be performed at an hourly rate that will not exceed
$110/hour,plus travel and mileage.
• Technical Memorandum will not be prepared until all new ground disturbances have been
completed.
Cost Proposal: ESA has estimated the cost for the Duwamish Hill Preserve Phase 2 Archaeological
Support during Construction based on the hours and rate schedule included in Table 1. ESA estimates
that the sum of$4,860 will be required to complete Tasks 1 through 4 as described above. Extra
services will be initiated by ESA only after agreement by both ESA and the Client concerning revisions
to the scope of work and additional compensation, if necessary.
0 0 0 0 - o-- c*" 0 0 ' O
CO N • O) OHO a c 0 O
o r- N c o) Ti O
(0
H a` CO
Ce a
0
a.
a
M ea 69 ea (A. 69 fA 99 69 E9 fA Ea. 64 69 69 69 w o
fA EA fA t
c O) N N Co I I I I I 1 1 I O J N V
d w
o N cco c .vim..
V1 3 a ( y
0 W N o
N
0-.1 c o 2 0
W 0 0 0 0 o 0 :°.
Q OD N N- M
I 3 N N CA 0 Op C N
U o Q a Z .a in Q In <
3
N fA EA EA fA Co to fA EA fA fA fA EA fA fA fA fA W W C/)U)
._ .- 0 0 0
4 o [r
N N
1 E dy o
11,1
a a g a>
> °a
W fA
W - N'0 (O . CO O o 0
V. N N 00 M V
Cl- O c a O M CO
CO CA
CO
J = d 0 .-
J v) H ea
S a
. .N
I
Cil
� N ' - N 0 o c._ N
O rn m M C
c of CA a)
Q eta u M N M x
Y c O a-- W
U ep N IA o6
c ca m
C) `d a
a
E `w W
co
^
Z X
co co.
W
O 2
Q O
Q.
E 2
W a,
N
a
x
o
CO N_
Ef0
J E
c
�Q N o
p m a E Ai
co
W > 3 c
o T
3 ° p U m
(' Z a o ° ! u w f"n
Z R Z 2 'o •o V w
U co 2 W .-n -5 r = a a 7
' U 0
fX r ~ Q o o i-) V m o f- o
CL 8J I W cc
0 ° 0 7
W �, w w a I-
r-
J J * N ch c O .4L)s 0 0 J U
CO a ..NC
= o a
a � � �
H w i— FO- N d (i °