Loading...
HomeMy WebLinkAboutReg 2016-09-06 Item 4H - Agreement - Duwamish Hill Preserve Phase IIB with Forterra for $76,725COUNCIL AGENDA S ---------------------------------- Inifials Meeting Dale Prepared by Mqyor's rep� - Councit review 09/06/16 133 ell ITEM INFORMATION ITEM NO. 4.H. -TS-fl\ FFSPONsoR: RICK STILL I 01Z1C.',IN-,\],AGI?.NDAD,1'1'13: 9/6/16 AGJ-sNDA I'IT1M'1'ITJ,J` Duwamish Hill Preserve Phase 213 contract to Forterra CATEGORY ❑ Discussion YAI/ ,g Dale N.Allotion Al�g Date 916116 ❑ Resolution Mig Dale [:] Ordinance M1 g Dale [:].Bid,-lward Alli g Dale ❑ Public.Heafing Mi ,g Date F-1 Other Mtg Date SPONSOR ❑ Council ❑ M(yor 1:1 1-JR ❑ DCD E]Finance [:] Fire ❑ IT E P&R [:] .Police DPW' SPONSOR'S Authorize the Mayor to sign Contract for Services with Forterra for work to be done at SUMMARY Duwamish Hill Preserve REX I FIWI sD BY F-1 cow Mtg. N CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. N Parks Comm. F-1 Planning Comm. DATE: 8/22/16 COMM11TEE CHAIR: QUINN RECOMMENDATIONS: SPONSoR/A.DMIN. Parks and Recreation Department CONINIFFFElf" CAP - Forward to Consent Agenda COST IMPACT/ FUND SOURCE EXPENDITURE' REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $76,725 $76,725 $0 Fund Source: AWARD FROM KING COUNTY HERITAGE CULTURAL FACILITIES GRANT (4cuLTURE) Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 9/6/16 Informational Memorandum dated 8/15/16 Contract for Services Exhibit A Minutes from the Community Affairs and Parks Committee meeting of 8/22/16 Np .i % City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director BY: Dave Johnson, Parks and Recreation Manager CC: Mayor Ekberg DATE: August 15, 2016 SUBJECT: Duwamish Hill Preserve Phase 2b Contract for Services with Forterra ISSUE Enter into a contract for services with Forterra for work at Duwamish Hill Preserve Phase 2b. BACKGROUND During the planning of Phase 2 construction at Duwamish Hill Preserve in 2014, we had to reduce the original scope of work due to funding and cost estimates for the project. In 2015, additional funding became available to the City by way of the Heritage Cultural Facilities Grant program through King County 4Culture. In April 2016, Council authorized the Mayor to sign and accept $200,000 grant for Phase 2b work at Duwamish Hill Preserve. DISCUSSION Among the items to be completed in Phase 2b are design, construction, and installation of an Entrance Kiosk, Interpretive Benches, Interpretive signs, and installation and establishment of cultural landscape area. The work specifically to be completed in this Contract is the crew time to prep and plant the cultural landscape areas, maintain a 3-year establishment period, and the coordination of the prep, planting and establishment period. FINANCIAL IMPACT The work to be done under this Contract for Services in the amount of $76,725 is funded through the King County Heritage Cultural Facilities Grant that the City accepted in April 2016. RECOMMENDATION Council is being asked to forward this item to the Consent Agenda at the September 6, 2016 Regular Meeting to authorize the Mayor to sign the Contract for Services. ATTACHMENTS Contract for Services Exhibit A NN .. Mlej ---_. ,� }�a was City of Tukwila Number: iQi OI 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and FORTERRA, hereinafter referred to as "the Contractor," whose principal office is located at 901 5th Avenue Ste. 2200 Seattle, WA 98164. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $76,725.00. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing September 7, 2016, and ending December 31, 2019, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 4 :• G. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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 7. Insurance. The Contractor 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 CODt[8CtO[, their ogents, r8p[OSeDt3Uves, en0p|Vye8S or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to |inOii the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available 3t law orin equity. A. Minimum Scope ofInsurance. Contractor shall obtain insurance of the types and with the limits described below: Automobile Liability insurance with e nninirnunn combined single limit for bodily injury and property dGnn@gS of $1.000'000 per accident. Automobile liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on |nSur8Dma Sen/imsa Office (|8{J) form CA OO 01 Or a substitute fOnn providing equivalent liability coverage. |f necessary, the policy shall be endorsed tO provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2.000.000 general aggregate and $2.000.000 products-cornp|eted operations aggregate limit. Commercial General Liability insurance shall be written on |SC} occurrence form CG 00 01 and shall cover liability arising from pnarniseo, openatione, independent contnautoro, producto-comp|eted opanatione, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall he endorsed to provide the Aggregate Per Project Endorsement |S(] form CG 25 03 11 85 Or on equivalent endorsement. There shall be no endorsement Or modification of the Connnneroin| General Liability Insurance for liability arising from explosion, oo||apea or underground property damage. The City shall be named as an insured under the Contractor's CVnonoorcia| General Liability insurance policy with respect to the work performed for the City using |SL) Additional |DSUPed 8Dd0nSeO0ent CG 20 10 10 01 and Additional Insured- Completed {)per8UOnS endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' coverage ae required by the Industrial Insurance laws of the State of Washington. B. Other |neunmnmo Provision. The Contractor's Automobile Liability and {|onnmen:ia| General Liability insurance policies are t0 C0Dt3iD' or be endorsed t0 contain that they Sh8|| 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 Contractor's insurance and shall not contribute with CA Revised 1-2013 Page 2of4 C. Acceptability of Insurers. |noummm is to be placed with insurers with a current A.M. Best rating of not less than A: VI I. D. Verification of Coverage. Contractor shall furnish the City with original certificates and o copy of the amendatory endorsements, including but not neCeSS@hk/ limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E Subcontractors. The Contractor ahoU have ao|a responsibility for determining the insurance coverage and |innU3 [equired, if any, to be obtained by subcontractors, which determination Sh8U be made in accordance with reasonable and prudent business practices. F. Nnikca of Cancellation. The Contractor ahoU provide the City and all Additional Insureds for this work with written notice Of any policy C8DDeUEdiOO, within two business days Of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute o nnataha| breach of contract, upon vvhk:h the City may, after giving five business days notice to the Contractor 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 eunno SV expended to be repaid to the City on demand, Oratthe sole discretion of the Cih/, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall nn8iDt3iD accounts and records' including p8[SODDe[ property, financial and prUQ[8nnrDGtiC records which SUffiCi8Dtk/ and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them in granted by the office of the archivist in accordance with RCVV Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all nnathara covered by this shall Agreement be subject ot all times b} inaoection, review Oraudit by law during the performance n/ this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (307days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 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 ohgiD, oge, 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 and Subcontract. The Contractor aheU not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. attachments or addenda, represents the entire and integrated Agreement between the Qb/ and the Contractor and supersedes all prior negotiations, repreaantafione, or agreements written or oral. N0 amendment Vr CA Revised 1-2013 Page 3of4 modification of this Agreement shall bHofany force U[ effect unless bisiD writing and signed by the 14. 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. 15. Notices. Notices ho the City of Tukwila shall bo sent to the following address: City Clerk, City UfTukwila O2008outhoenterBlvd. Tukwila, Washington S818O Notices to the Contractor Sh8U be sent to the address provided by the Contractor upon the signature line below. 16. This Agreement shall ba governed bv and construed in 000nndanne with the |8vvS of the State of Washington. In the event any Suk. 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 iD King County, Washington. The prevailing party iOany such action shall be entitled iVits attorney's fees and costs ofsuit. DATED this ____. day nf 20___ CITY {}FTUKVV|LA CONTRACTOR Allan Ekberg, Mayor City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney CA Revised 1-2013 is Printed Name and Title: Address: Page 4of4 EXHIBIT A Scope of Work 2016-2019 Duwamish Hill Preserve Phase 2b Forterra 1. Exhibit Prep and Planting (crew days) A Dry Buffer Area (5 days) $ 5,875.00 B Wet Buffer Area (1 day) $ 1,175.00 C Wet Forest & Shrub Buffer (2 days) $ 2,350.00 D Dry Forest & Shrub Buffer (2 days) $ 2,350.00 E Meadow (4 days) $ 4,700.00 SUBTOTAL $ 16,450.00 2. Establishment Period (thru 2019) A WCC Crew (23 days) $ 27,025.00 B Maduzia Crew (10 days) $ 21,000.00 SUBTOTAL $ 48,025.00 Coordination and Management of Exhibit Prep & 3. Planting and Establishment Period $ 12,250.00 SUBTOTAL $ 12,250.00 PROJECT TOTAL $ 76,725.00 93 ti' Community Affairs and Parks Committee Minutes..... .................. ........................................................................ August 22, 2016 C. Contract: Duwamish Hill Preserve Phase 2B Staff is seeking Council approval of a contract with Forterra in the amount of $76,725.00 for work at Duwamish Hill Preserve Phase 2b. This will be funded by the King County Heritage Cultural Facilities Grant received by the City in April 2016. Work covered by this contract includes crew time to prep and plant landscape areas, maintain a 3 -year establishment period, and coordinating the prep, planting and establishment period. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 6, 2016 REGULAR CONSENT AGENDA. D. Application: Legacy Charrette Program for Tukwila International Boulevard Staff is seeking Committee approval to apply to participate in the Legacy Charrette Program sponsored by the Congress for New Urbanism. This program would provide a weekend long charrette (an intensive workshop for stakeholders) and provide technical assistance on attaining the goals outlined in the Tukwila International Boulevard Chapter of the Comprehensive Plan. If the City is selected it will be notified on September 16. The program requires a $10,000 financial contribution from the City. If selected, charette participants would include area property owners, residents, business owners, and representatives from Tukwila School District, Abu Bakr Islamic Center, Planning Commission and City Council. The Committee requested that the participant invitation list be expanded to include a broader range of neighbors as well as more representation from the faith -based community. Chair Quinn stated that he would send information about the application opportunity to all Councilmembers and requested a full Council briefing should Tukwila be selected for the program. INFORMATION ONLY. 111. MISCELLANEOUS Staff noted that a resolution relating to impact fee parameters will be coming before the Finance and Safety and Community Affairs and Parks Committees. The Community Affairs and Parks Committee Meeting adjourned at 6:50 p.m. Next meeting: Monday, September 12, 2016 ,0* Committee Chair Approval Minutes by LH 95