HomeMy WebLinkAboutCOW 2005-05-23 Item 4A - Agreement - Duwamish Riverbend Hill Development Phase I Consulting with Cascade Land Conservancy for $60,000 COUNCIL AGENDA SYNOPSIS
Initials
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fst k Meeting Date Prepared by 1 Mayor's review Council review I
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I
-ITEM INFORMATION
CAS NUMBER: 05-078 I ORIGINAL AGENDA DATE: y of j 0 23, c2 GO5
AGENDA ITEM TITLE Consultant Contract with Cascade Land Conservancy
CATEGORY Dzscusszon Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 05/23/05 Mtg Date Mtg Date Mtg Date Mtg Date it ftg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fur Legal P&R Police PTV
SPONSOR'S The Department of Parks and Recreation would like to enter into a consultant agreement
SUMMARY with the Cascade Land Conservancy (CLC) for the site development (phase I) of the
Duwamish Riverbend Hill.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05/10/05
RECOMMENDATIONS:
SPONSOR /ADMIN. To COW for discussion and approval.
COMMtrIEE To COW for discussion and approval.
COST IMPACT 1 FUND-SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$60,000 $60,000 $N /A
Fund Source: 301 (CIP PAGE 10)
Comments. Fund source is Sound Transit lease ofHill as staging area. Lease is paid in full ($233,800.00).
MTG. DATE RECORD OF COUNCIL -ACTION
MTG. DATE ATTACHMENTS
05 -25 -05 Memo from Bruce Fletcher to CA &P dated 05/05/05
Consultant Agreement
Minutes Community Affairs Parks May 10, 2005
MEMORANDUM
TO: Mayor Mullet
Community Affairs and Parks
, d----
FROM: Bruce Fletcher, Dfre~tor of Parks & Recreation ~~
DATE: May 5, 2005
SUBJECT: Consultant Agreement with Cascade Land Conservancy
The Department of Parks and Recreation would like to enter into a consultant agreement
with the Cascade Land Conservancy (CLC) for the site development (phase I) of the
Duwamish Riverbend Hill.
The park property was acquired in March 2004, with the fund rmsmg efforts of the CLC,
the Parks Department and support from the Friends of the Dmvamish Riverbend Hill.
CLC will assist the City with the Phase I planning, funds development and site
development of the property. The CLC will also develop a Cultural InterpretatIOn plan
working with the Muckleshoot Tribe and Duwamish Elders. All volunteer management
and neighborhood coordination will be a joint effort between the City and CLC.
The Parks and Recreation Department would like to further discuss the consultant
agreement with the Community Affairs and Parks Committee, followed by full council
discussion and approval.
Cc: Rhonda Berry, City Administrator
CONSULTANTAGREE~mNTFOR
SITE DEVELOPMENT AND CULTURAL HERITAGE INTERPRETATION SERVICES
Duwamish Riverbend Hill
TillS AGREEMENT is entered into between the City of Tukwila, Washmgton ("the CIty") and
CASCADE LAND CONSERVANCY ("the Consultant"), in consideratiOn of the mutual
benefits, tenns, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to manage SITE
DEVELOPMENT AND CULTURAL HERITAGE INTERPRETATION servIces m
connection with the project tItled DUW AMISH RIVERBEND IDLL.
2. SCQpe of Services. The Consultant agrees to perfonn the consultmg services set forth in
the Scope of Services (Exhibit A).
3. Time for Performance. Services under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. The Consultant shall perfonn all
services and provide all work product requITed pursuant to this Agreement within two
years from the date of written notice, 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 "A" attached hereto, provided that the total amount of payment to the
Consultant shall not exceed $60,000 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. Payment is provided in this section shall be full compensation for work perfonned,
services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
D. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three
(3) years after final payments. Copies shall be made available upon request.
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 retam copies, includmg
reproducible copies, of drawings and specifications for infOlmation, reference and use III
connectIOn with the Consultant's endeavors, without further permIssion from, or
compensatIOn to the City. The Consultant shall not be responsible for any use of the said
documents, drawmgs, 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 to be rendered under this
Agreement.
7. Indemnification.
A. The Consultant shall indemnify, defend and hold harmless the City from and against
any and all claims, losses or liability, including attorney's fees, arising from injury or
death to persons or damage to property occasioned by any act, omission or failure of the
Consultant, its officers, agents and employees, in performing the work required by this
Agreement. With respect to the performance of this Agreement and as to claims against
the City, its officers, agents and employees, the Consultant expressly waives its immunity
under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for
injuries to its employees, and agrees that the obligation to mdemnify, defend and hold
harmless provided for in this paragraph extends to any claim brought by or on behalf of
any employee of the Consultant. This waiver is mutually negotiated by the parties. This
paragraph shall not apply to any damage resulting from the sole negligence of the City, its
contractors, agents or employees. To the extent any of the damages referenced by this
paragraph were caused by or resulted from the concurrent negligence of the City, its
contractor, agents or employees, this obligation to indemmfy, defend and hold harmless is
valid and enforceable only to the extent of the negligence of the Consultant, Its officers,
agents and employees.
B. The City shall indemnify, defend and hold harmless the Consultant from and against
any and all claims, losses or liability, including attorney's fees, arising from injury or
death to persons or damage to property occasioned by any act, omission or failure of the
City, its contractors, officers, agents and employees, relating to this Agreement. This
paragraph shall not apply to any damage resulting from the sole negligence of the
Consultant, its agents or employees. To the extent any of the damages referenced by this
paragraph were caused by or resulted from the concurrent negligence of the Consultant,
its agents or employees, this oblIgation to indemnify, defend and hold harmless IS valid
and enforceable only to the extent of the negligence of the CIty, its contractor, officers,
agents and employees.
Consultant Agreement for Site Development and Cultural Heritage Interpretation Services
Page 2 of5
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance, with a minimum coverage of
$500,000 per occurrence and $1,000,000 aggregate for personal mJury; and $500,000 per
occurrence/ aggregate for property damage, and professional lIabIlIty msurance m the
amount of $1 ,000,000.
Said general liability policy shall name the City of Tukwila as an addItional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the CIty. Certificates of coverage as required by
this section shall be delivered to the CIty within fifteen (15) days of execution of this
Agreement.
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 tills Agreement shall be consIdered to create the relationsillp 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. Consultant
shall provide all labor, materials, equipment and supplies related to the consultmg
servIces
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed
or retained any company or person, other than a bona fide 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 bona fide 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 makmg of tills 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, color, natIOnal origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or proQurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any ofthe services covered by this
Agreement without the express written consent of the City.
Consultant Agreement for Site Development and Cultural Heritage Interpretation Services
Page 3 of 5
13. Non-Waiver. 'Naiver 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 thIrty
(30) days wntten notice to the Consultant. In the case of early tennination, the
Consultant shall be entitled to compensatIOn for all work perfonned up to the
tennination effective date, and the CIty shall pay the Consultant within ten (10) days
of receipt of a final invoice
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 tenns 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. Attorneys Fees and Costs. In the event either party shall bring smt against the other to
enforce any provision of this Agreement, the prevailing party In such suit shall be entItled
to recover its costs, including reasonable attorney's fees, Incurred in such suit from the
losing party.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, \VA 98188
NotIces to Consultant shall be sent to the following address
Cascade Land Conservancy
615 2nd Ave. Suite 625
Seattle,W A 98104
17. Integrated Agreement. 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. This
Agreement may be amended only by written instrument signed by both the City and the
Consultant.
Attachments:
Consultant Agreement for Site Development and Cultural Heritage Interpretation Services
Page 4 of 5
Exhibit A: Scope of ServIces for Consultant Agreement for SIte Development and Cultural
Heritage Interpretation Services
DATED thIS
day of
,20
CITY OF TUKWlLA
CONSULTANT
Bruce Fletcher, Director
City of Tukwila Parks and Recreation Dept.
Gene Duvernoy
President, Cascade Land Conservancy
Steven M. Mullet, Mayor
City ofTukwila
Attest! Authenticated:
Jane E. Cantu, CMC, City Clerk
Approved as to Fonn:
Office of the City Attorney
Consultant Agreement for Site Development and Cultural Heritage Interpretation Services
Page 5 of5
CONSULTANT AGREEMENT FOR
SITE DEVELOPMENT AND CULTURAL HERITAGE INTERPRETATION SERVICES
DuwamIsh Riverbend Hill
Exhibit A: Scope of Services
I. BACKGROUND AND CONTEXT
In March 2004, the CIty of Tukwila ("the City) acqUired title to a 9-acre undeveloped parcel on the
Duwamish River known hIstorically as Poverty Hill or the DuwamIsh RiverBend Hill ("the Hill"). The
property was acquired after four years of fundrmsmg efforts and negotIations by Cascade Land
Conservancy ("CLC") The CIty of Tukwila, Kmg County, and Cascade Land Conservancy contributed
funds toward the acqUisition. The property, referred to m some accounts as Grandmother's Hill, consIsts
of an unusual outcropping of bedrock rising above the DuwamIsh RIver, as well as 600 feet ofnver
shorelIne. Protection of this cultural landmark ensures that It is part of our landscape m the future, as one
of the few regional "open space" preserves dedicated to the interpretatIOn of mdIgenous heritage CLC
holds a permanent stewardship easement on the property, and will continue Its lead role in project
plannmg and funds development.
Sound Transit is buildmg a light rail lane adjacent to the Hill, and has entered into an agreement with the
City of Tubvila to lease the flatlands portion of the Hill property for equipment and matenals storage.
CLC is proposing that the net proceeds from the Sound TransIt lease (a total of $233,000) be used for site
design, staffing for fundraising, volunteer management, and an mitial phase of sIte development.
n. PROPOSAL REGARDING PROJECT PHASES
A. Phase I: Plannin!!. Funds Development. and Site Development. Phase I shall be funded over a
period of two years wIth the proceeds from the Sound Transit lease contract.
1. Landscape Design and Site Plan
a. The City shall hire a landscape architecture firm for site design, to include:
1. Full site survey
11. Site Plan
l. Trails plan
2. Roads, parking and entry engineering plan
3. Fences, gates and access structures plan
4. Interpretive structures as defined by Cultural InterpretatIOn plan
iii. Landscape Plan
1. Invasive plant management
2. Soils remediatIOn where necessary
3. Landscape plan
IV Landscape architecture firm will conduct in-house or subcontract out:
1. Survey
2. Engineenng
3. Construction documents
4 Permitting
-
b. CLC shall assist the CIty by draftIng a scope of serVIces for approval by the CIty of
TukwIla Parks and Recreation Department Director ("Director") The CIty shall be
responsible for the selectIOn, hirIng, and payments related to the landscape archItecture
contract. CLC wIll manage and coordInate the landscape archItecture contract.
2. Cultural Interpretation Plan
a. The City shall hIre a cultural resources consultant to develop a Cultural InterpretatIon
plan, to mclude:
i. Concept plan for site interpretatIon
l. Conduct meetings with Muckleshoot Tribe and Duwamish Elders at
40%, 80% and 95% drafts of concept plan development.
2. Develop text for interpretIve elements of Plan
11. ASSISt Landscape Architect In developing construction documents for interpretIve
structures
b. CLC shall assist the City by drafting a scope of services and recommending a cultural
resources consultant for approval by the Director. The City shall be responsible for the
final selection, hIring, and payments related to thIS contract. CLC will manage and
coordinate the cultural resources consultant contract.
3. Funds Development
a. CLC wIll provide a lead role In raising addItional funds to complete Phase II and Phase
III of the site development.
i. CLC will write a fundraising plan to help generate revenue to cover Phase II and
Phase III of the project.
11. CLC will apply for grants, wnte letters and provide sIte tours to achieve
fundrmsing objectives, as specified in the Fundraising Plan.
b. CLC and City of Tuhvila will Jointly determine the scope of work and applicatIOn of
funding for each grant, and admInister the funds receIved accordIngly It is antIcIpated
that some grants may be awarded to CLC, while others may be awarded to the City.
c. The Consulting Fee paid to CLC shall cover CLC staff time and efforts In developIng the
Fundraising Plan, applying for grants, letter wnting, etc. However, if the City and CLC
determine that outside fundraising consultants or staffmg are necessary, the CIty shall pay
those costs directly or reimburse CLC for them.
4. Initial Site Development
a. SIte development of the Hill area above Sound Transit leased lands, to include.
i. Landscape invasive plant removal;
11. Revegetation of the Hill with natIve species,
111. Trail construction and enhancement, includIng slope stabIlization and erOSIOn
control, and
iv. Fencing and Olmsted style gate on the NE corner entrance.
b. CLC shall assist the City by drafting a scope of work for approval by the Director The
City shall be responsible for the selection, hiring, and payments related to thIS scope or
work contract or contracts. CLC or the landscape architecture firm will manage all
contractors on-site.
m. PROJECT COORDINATION AND ROLES
Exhibit A. Scope of Work for Consultant Agreement for Site Development and Culhiral Heritage Interpretation Services
Page 2 on
SIte desIgn and development wIll be conducted In collaboratIon between CLC, the CIty of TukwIla and
Friends of the Hill volunteers. CLC staff will take the lead role in management oftIlIs process
1. Phase I Planning, Funds Development, and Site Development
o Roles and responsibIlIties are set forth above
2. Sound Transit Coordination
o The City of Tukwila will serve as the primary contact for coOrdInatIOn wIth Sound
Transit and their contractors.
3. Volunteer Management
o CLC will endeavor to Involve local commumty members In as many landscape
projects as appropriate
o CLC wilI facilitate at least one volunteer event per quarter.
o CLC will facilitate Involvement wIth local schools to conduct at least two service-
learning events per year
o
4 Neighborhood Coordination - CoordinatIOn between CLC and FrIends of the HilI group
o CLC staff wIll meet wIth Friends of the Hill group quarterly
o CLC staff wilI meet with a SteerIng CommIttee comprised of Friends of Hill
volunteers and TukwiIa Parks at least quarterly
5. Tribal Coordination
o CLC wilI maintain consistent relations wIth both the Muckleshoot and DuwamIsh
Tribes in regard to project design and development.
6. Coordination between CLC and Tukwila Parks:
o CLC wIll meet with the City of Tukwila Parks DIrector at least quarterly, and more
often as necessary, to ensure coordination between CLC and Tukwila Parks.
o CLC wIll provide an annual report on completIOn of Phase I tasks and tImelIne
o CLC wilI meet wIth City of Tukwila representatives as Invited or scheduled,
including representatIves from the Parks CommissIon, Commumty Affairs
CommIttee of the Council, and the TukwIla CIty Council
7 Additional Work
Upon wntten approval of the DIrector, CLC will provIde addItIOnal services beyond
the scope of services identified in thIS exhibIt.
Exhibit A. Scope of Work for Consultant Agreement for Site Development and Cultural Heritage Interpretation Services
Page 3 on
Exhibit B Budget for Duwamish Hill Site Development and Restoration
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C)
Community and Parks Committee
May 10, 2005
Present:
Joe Duffie, Chair; Joan Hernandez, Dennis Robertson
Steve Lancaster, Bruce Fletcher, Brandon MIles, Lucy Lauterbach
1. Sien Code Remainine- Issues Though most ofthe sign code has been approved by the
Committee of the 'Whole, scoreboards and video displays were sent back to the committee to
resolve. The committee resumed their discussion of video scoreboards at sports stadIUms. The
changes made met with the committ~e members' approval. They were fine with the scoreboard
at Starfrre, but wanted to be certain t11at the provisions would also work with a sign at Neudorf
Field at the high school. Joan was interested in testing the signs for brightness and visibIlity of
signs before they were finally approved, if that was possible. Dennis asked ifDCD could do
anything if a sign was too bright. Steve said they generally try to resolve those issues before the
sign goes up. Dennis also asked for some clarification for what a "unit" of brightness meant.
The committee agreed that the two issues of scoreboards and video display could go to COW,
with the entire sign code then going to Regular Council for approval. Recommend code
chane-es for video displavs and scoreboards to COW. and entire Sien Code to Re!!ular
lVleeting for approval.
~2. Consultant Aereement with Cascade Land Conservancv Bruce discussed a consultant
"'agreement for site development and cultural heritage interpretation services through the Cascade
Land Conservancy. The City will pay Cascade $60,000 for phase I planning, funds and site
development ofthe Duwamish Riverbend Hill site. The City has received $233,800 from Sound
Transit, which will be using the flat part of the site for two years for staging their construction
materials. The reason the city is paying Cascade is because they have thus far done the most
work in getting funding and grants, and they will continue to try to get more funding for the
project. They also have contact with the two Native American tribes that have an interest in the
site, and will work with them on the cultural heritage portion of the park. When asked what the
ongoing costs of the park would be, Bruce said once it's finished the majority of costs would be
for maintenance. Recommend consultant contract to COW and Reeular Council for,
aonroval.
3. First Ouarter Renorts The committee members went through the reports. Joan asked where
the money the city gets from street vacations goes. Information.
c... p Committee chair approval
Minutes by LL