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HomeMy WebLinkAboutReg 2016-12-05 Item 4L - Contract Amendment - Duwamish Hill Preserve with Forterra for $7,500F2 q --------- ------------------- - - - - -- Initials Meeliq Dale Pre aced by LWr,4 rview Council review 12/05/16 DJ ❑ Resolution Mtg D,,i,, ❑ Ordinance M/ g Dale ❑ Bid,,Iward Mtg Dale ❑ Pub&•Hearing A1 g Dal e ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ BR ❑ DCD E]Finance E].Fire ❑ IT Z P&R ❑Po&-e ❑ PWI SPONSOR'S Authorize the Mayor to sign Contract Amendment With Forterra for services at Duwamish SUMMARY Hill Preserve. RiXii3w13i) i3y ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 11/28/16 COMMIl-fEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department COmm"I"'I'll," CAP - Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPL NDITURI," REQt-J1RFD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $7500 $0 Fund Source: KING CONSERVATION DISTRICT GRANT Comments: MTG. DATE RECORD OF COUNCIL ACTION ITEM NO. 4.L. I 203 STAFF SPONSOR: RICK STILL 12/5/16 A(,, I 3NDA D'i m Ti,i,i,i,, Contract Amendment - Forterra (#15-156) CATI,"GORY [:] Discussion Mt ,g Date Z motion AlIg Date 1215116 ❑ Resolution Mtg D,,i,, ❑ Ordinance M/ g Dale ❑ Bid,,Iward Mtg Dale ❑ Pub&•Hearing A1 g Dal e ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ BR ❑ DCD E]Finance E].Fire ❑ IT Z P&R ❑Po&-e ❑ PWI SPONSOR'S Authorize the Mayor to sign Contract Amendment With Forterra for services at Duwamish SUMMARY Hill Preserve. RiXii3w13i) i3y ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 11/28/16 COMMIl-fEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department COmm"I"'I'll," CAP - Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPL NDITURI," REQt-J1RFD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $7500 $0 Fund Source: KING CONSERVATION DISTRICT GRANT Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/5/16 Informational Memorandum dated 11/22/16 Draft Amendment Contract Agreement Minutes from the Community Affairs and Parks Committee meeting of 11/28/16 203 204 City of Tukwila Allan Ekberg, Mayor TO: Community Affairs and Parks Committee FROM: Rick Still, Director Parks & Recreations BY: Dave Johnson, Parks & Recreation Manager CC: Mayor Ekberg DATE: November 22, 2016 SUBJECT: Contract Amendment — Forterra (Contract #15-156) ISSUE Amend contract #15-156 with Forterra for services at Duwamish Hill Preserve. BACKGROUND The City entered into a contract with Forterra in 2015 for services at Duwamish Hill Preserve. The scope of work includes developing a Stewardship Plan, crew days, plant purchases and recruit/manage volunteers. Two previous contract amendments extended the length of the contract. The contract is set to expire at the end of 2016. DISCUSSION Part of the funding for this contract is through King Conservation District (KCD), including $7,500 for soil testing. Earlier this year, the City went through the Washington State Dept. of Ecology's Soil Safety Program for lead and arsenic (at no cost) at the site. These tests all came back below actionable level. Therefore, additional testing was not necessary. In the Fall of 2016, the City amended the grant agreement with KCD to transfer the $7,500 from soil testing to restoration activities. These additional restoration activities are coordinated and completed by Forterra, therefore amending this contract reflects that work. This amendment increases the value of the contract, bringing it over $40,000, and now requires Council approval for the Mayor to sign. FINANCIAL IMPACT This amendment is a grant-funded expenditure of $7,500 through King Conservation District. RECOMMENDATION The Committee is being asked to consider this item and forward to the Consent Agenda at the December 5, 2016 Regular Meeting to approve the Mayor to sign the contract amendment. ATTACHMENTS Contract and Amendment for Forterra (#15-156) 205 206 City of Tukwila Agreement Number: 15-156 • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 3 Between the City of Tukwila and Forterra That portion of Contract No. 15-156 between the City of Tukwila and Forterra is amended as follows: Section 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 $45,000.00. All other provisions of the contract shall remain in full force and effect. Dated this day of CITY OF TUKWILA Allan Ekberg, Mayor ATTEST /AUTHENTICATED 101 Chi =20TWIT"601 21"101 -1 11 1 APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk City Attorney Page I of I 207 City of Tukwila Agreement Number: A'Ask 5. 6200 Southoenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and Forterra That portion of Contract No. 15-156 between the City of Tukwila and Forterra is amended as follows: Section 4 Duration of Agreement This Agreement shall be in full force and effect for a period commencing August 26, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this day of 2 CITY W TUKWI Allan L'gbelry Mayor ATTEST/AUTHENTICATED Christy O'Fla"rerty, MMC, City Cler�� is � ©- WN CONTRACTOR Printed Name: ky APPROVED AS TO FORM Ciry Attorney �1 n Page I. of I City of Tukwila Agreement Number. 15 I StnC�iJ ' 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Forterra That portion of Contract No. 15 -156 between the City of Tukwila and Forterra is amended as follows: Section 4 Duration of Agreement. This Agreement shall be in full force and effect for a period commencing August 26, 2015, and ending September 30, 2016, unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this 4-4 I of day of Z.Re, L114 , 20 CITY OF TUKWILA CONTRACTOR Ji aggerton, Printed Name/Title: ATTEST /AUTHENTICATED City Clerk CA: 2012 Page 1 of 1 209 City of Tukwila • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 15 -156 Council Approval NIA 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 9015th 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: 1. Scone 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 $37,,500.00. 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. Durati n of Agreement. This Agreement shall be in full force and effect for a period commencing L 15 , and ending December 31, 2015, unless sooner terminated under the provisions hereinafter specified. S. 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 210 Pagel of 4 6. 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 Agreement. 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form. CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Com .sensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 1 -2013 Page 2 of 4 211 B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute 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. Contractor 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 Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, 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 a material breach of contract, upon which 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 sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and . programmatic records which sufficiently 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 is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days 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 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. CA Revised 1 -2013 212 Page 3 of 4 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City.. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. Severabilitv 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 to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, azbitration, 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. DATED this Soday of SW W. O 15. CITY OF TUKWILA CONTRACTOR Ma or Jim Ha ATTEST /AUTHENTICATED: . City Clerk, Christy O'Flaherty- APPROVED AS TO FORM: • omey By: Printed Name and Title:j i CA Revised 1 -2013 Page 4 of 4 213 Duwamish Hill Preserve Stewardship Plan and Implementation EXHIBIT A Scope of Work and Budget Project Description With the second phase of development at the Duwamish Hill Preserve (DHP) nearing completion, there is need for a guiding document to steer annual and long -term stewardship of the site. The DHP Stewardship Plan (the Plan) will provide a framework and guidance for care, maintenance and monitoring on the Hill for the next decade. Forterra's Washington Conservation Corps (WCC) Crew will be utilized for implementing the Plan over the fall and early winter of 2015. Project Obiectives and Goals Forterra's team will work with the City of Tukwila, members of the DHP Management Team and the Tribes to identify needs and resources for meaningful stewardship. Working with the Forterra template of Stewardship Plans for restoration sites (utilized in the Green Cities Program), the Plan will include: • Introductory information, including the plan purpose, property description and background; • Site assessment, including cultural and ecological inventories; • Stewardship recommendations and best management practices with a schedule of tasks and partner roles and responsibilities; • Supporting materials required for meaningful and educated site stewardship. The WCC crew will complete tasks identified by City staff and the DHP Management Team members as near -term priorities already identified. Deliverables, Budget and Timeline Deliverable Budget Timeline Develop Stewardship Plan $13,650 August — December 2015 13 WCC Crew Days $14,800 August —December 2015 Purchase plants $4,050 September— November 2015 Recruit and manage volunteers at 3 events, including Duwamish Alivel $5,000 September — November 2015 TOTAL BUDGET 1$37,500 1 August — December 2015 214 Duwamish Hill Preserve Stewardship Plan and Implementation EXHIBIT B Payment Rate and Method Forterra will invoice the City at the midpoint of the project (end of October 2015) for 50% of contract value, and then again at the end of the project (end of December 2015) for 50% of the contract value for work outlined in the "Deliverables, Budget, and Timeline" section shown in Exhibit A. 215 216 Community Affairs and Parks Committee Minutes ....................................................................... ....................November28, 2016 C. Resolution: 2017 Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2017 Washington State Legislative Session. The agenda includes items in the categories of Transportation & Infrastructure, Housing & Human Services, Shared Revenue, Revenue Reform, Public Records, Education, and Law Enforcement. Staff noted that the Communications Division will contract with Jennifer Ziegler to represent the City in Olympia in the coming session. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. D. Project Completion: Motel Demolition Project Staff is seeking Council approval of project completion and release of the retainage bond to CGI, LLC. in the amount of $636,194 for the Urban Renewal Motel Demolition Project. The work was completed on August 2, 2016 and included one change order for the removal of contamination from a detention pipe at the Travelers Choice site. State regulations require new property owners to assume responsibility for contamination regardless of when it occurred. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. E. Parks and Recreation Department Contracts Park Security Staff is seeking Council approval of a contract with B -Force Protection in the amount of $50,400 for continued park security services through December 31, 2018. UNANIMOUS APPROVAL. FORWARD TO DECEMBERS, 2016 REGULAR CONSENT AGENDA. Duwamish Hill Preserve Staff is seeking Council approval of a contract amendment with Forterra in the amount of $7,500 for additional restoration activities at the Duwamish Hill Preserve. Funding comes from a King Conservation District grant originally intended for soil testing. Lead and arsenic levels at the site came back low enough to not require action, and the City agreed with KCD to transfer the funds to restoration. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. Parks and Recreation Software Staff is seeking Council approval of an agreement with PerfectMlND Inc. for implementation and ongoing subscription for parks and recreation records management software. The implementation cost is $35,000 and annual subscription is $20,000. PerfectMlND was selected by a cross - departmental team from an initial pool of six vendors that originally responded to the City's RFP. This software package meets the City's goals and comes with excellent customer service reviews and comprehensive reporting, among other benefits. UNANIMOUS APPROVAL. FORWARD TO DECEMBERS, 2016 REGULAR CONSENT AGENDA. 217