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HomeMy WebLinkAbout14-195 - Environmental Services Associates - Duwamish Hill Preserve Phase II Archaeological SurveyCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 14 -195 Council Approval N/A CONSULTANT AGREEMENT FOR ARCHEAOLOGICAL SURVEY SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Environmental Services Associates (ESA) , hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. I. Project Designation. The Consultant is retained by the City to perform Archeaological Survey 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 Attachment "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 February 28, 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 February 28, 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 Attachment `B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $13.600.00 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. sv._ 6 y9.4.)-1,(L Ekrz9<itl. 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 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 1 N day of eC-e elk, , 20 /V . CITY OF TUKWILA Rick Still Parks and Recreation Director CA revised : 1-2013 CONSULT By: Printed Narne: Gleia Crwoti e L• c..104-u.« t Title: Pita J tCf /440e 6"airG`a -- Page 5 Attachment A City of Tukwila Duwamish Hill Preserve Phase 2 Archaeological Services Project Description: The City of Tukwila Department of Parks and Recreation is proposing to construct 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 /or other 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 City estimates that construction ground disturbance will involve: between 2 and 4 feet of cutting over 0.53 acres, between 2 and 8 feet of cutting over 0.51 acres, between 1 and 4 feet of filling over the remaining area, and up to 1 foot of cutting along trails. The project area is vacant industrial land owned by the City. 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). Scope of Work: The Scope of Work to be conducted by ESA includes four main tasks: Task 1. Project Coordination. Under this task, ESA will assist the City in coordinating with WSHS and DAHP (Department of Archaeology and Historic Preservation) as necessary. As the first step after the City provides notice to proceed, ESA will participate in a site visit and kick -off meeting with the City to refine project understanding and focus the efforts of subsequent tasks. ESA will prepare EO 05 -05 correspondence for signature by the City. If needed, ESA will attend an additional management team meeting with the City. ESA will also oversee project schedule and budget Task 2. Background Research. ESA will conduct requisite background archival research at DAHP, the University of Washington, within its own archives, and online to identify recorded and potential archaeological and historic resources in and around the project area. ESA will also review available environmental and geological background information. Task 3. Field Assessment. Under Washington state law, a public utility locate will need to be completed prior to subsurface survey for this project; ESA will request completion of a utility locate through the Utility Notification Center. ESA will excavate up to 30 shovel probes to below the anticipated depth of construction ground disturbance; the depth of probes will range between 2 and 8 feet based on the expected depth of ground disturbance. If the project team identifies expected ground disturbances that will exceed the reach of shovel probing, ESA will advance auger probes to greater depths. All probes will be screened through 1/4-inch mesh onto tarps, and all spoils backfilled into the probe hole at the completion of each probe. ESA will adhere to a no- collection policy during survey. Any finds will be documented in the field and recorded on the appropriate DAHP Archaeological Site /Isolate form, but will be reburied within the hole from which they originated. ESA will capture field data through Trimble GPS, photos, sketches and notes. Task 4. Technical Report. ESA will summarize the findings of our work and recommendations in a Technical Report. The Technical Report will meet the current SHPO standards for cultural resources assessment including making recommendations for mitigating or minimizing potential r Attachment A City of Tukwila Duwamish Hill Preserve Phase 2 Archaeological Services adverse effects, if warranted by the results of the field work. ESA will submit a draft report (PDF format) for review by the City. Once comments are received, ESA will submit two bound copies and one electronic copy (in PDF format) as the final deliverable. The City will be responsible for distributing the Technical Report to appropriate agencies. Deliverables: ESA will prepare a draft and final Technical Report that meet SHPO standards. Schedule: In order to meet grant requirements, the City requires the cultural resources process be completed by February 28, 2015. ESA will establish a project schedule at the kick -off meeting in consultation with the City. The kick -off meeting is anticipated to occur on December 4, 2014. ESA anticipates fieldwork would be completed by January 31, 2015 at the latest and final project report prepared by February 28, 2015. Assumptions: • The City will provide copies of any geotechnical reports or logs for review, if available. • Distribution of the 05 -05 correspondence is a critical path item; no field work can be conducted until following a 30 day comment period (the date of the correspondence). The City will be responsible for distributing 05 -05 correspondence. • A utility locate must be performed prior to subsurface survey. ESA will coordinate with Utility Notification Center to schedule the utility locate. • Cost estimate includes documentation of up to one cultural resource. • One set of consolidated comments on the draft Technical Report will be provided to ESA by the City within 5 business days of receipt of draft report. Cost Proposal: ESA has estimated the cost for the Duwamish Hill Preserve Phase 2 Archaeological Services based on the hours and rate schedule included in Attachment B. ESA estimates that the sum of $13,375 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. r ESA Attachment A City of Tukwila Duwamish Hill Preserve Phase 2 Archaeological Services Task Number / Paula Description Johnson Hourl Billin_ Rate $180 Chris Lockwood $125 Katie Wilson $110 Bryan Hoyt $110 GIS Analyst $100 Project Tech $75 Total Hours _- 10 Total Labor Price $ 1,360 - Task 1: Project Coordination 2 8 ---- Task 2: Background Research 6 16 22 $ 2 510 - Task 3: Fi eldwork -_- 20 20 40 $ 3,700 Task 4: Technical Re••rt 2 6 12 20 6 5 51 $ 5,605 Total Hours 4 20 28 40 6 25 123 ESA Labor Costs -__---- $ 13,175 ESA Non -Labor Expenses Reimbursable Expenses (Mileage) $ 50 ESA Equipment usage (Trimble GPS Unit) $ 150 Subtotal ESA Non- Labor Expenses TOTAL PROJECT PRICE $ 200 $ 13,375 Attachment B - Cost Estimate Duwamish Hill Preserve Phase 2 Archeaological Services Labor Costs Task 1: Project Coordination $1,360 Task 2: Background Research $2,510 Task 3: Fieldwork $3,700 Task 4: Technical Report $5,605 $13,175 Non -Labor Costs $200 Contigency $225 TOTAL $13,600