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Home My WebLink About18-118 - EarthCorps - Crew Days for Green Tukwila��x�~�°� =~�� Tukwila CONTRACT FOR SERVICES Contract Number: 18-118 Council Approval N/A This Agreement is entered Into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred hJmo"the Citv.^and EadbCorps, hereinafter referred toem"the C}onUactnr."whose principal office iolocated atM31DNE74thStreet, Suite 201E Seattle, VVAB8115 � . 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 desirestohave the Contractor perform such services pursuant bJcertain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1' Scope and Schedule ofServices tobePerformed byContractor. The Contractor shall perform those services described oOExhibit Aattached 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 0Jthe performance of such services and the handling ofany 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 A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $18,851.08. J' Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth |nthis Agreement. The Contractor shall request prioroppnJva|fnomtheCKvwhenever the Contractor desires to amend its budget in any way. 4. Duration ofAclreement. This Agreement shall beinfull force and effect for mperiod commencing July 8, 2018, and ending December 31 , 2018. un|oaa sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the man/ices 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 AonsernenL The C:bx shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the ShBhg Industrial Insurance PFogn3[n, or otherwise assuming the duties of an employer with respect to the Contractor, orany employee 0fthe Contractor, 8 K- \ CA Rev��Dc�m��%O\6 / Page nC4 6. Indemnification. The Contractor shall defOnd, indemnify and hold the Public EnUh/. KS officers , nffioia|S, employees and volunteers harmless from any and all d8irno, injuries, damages, losses or suits including attorney heao, arising out of or in connection with the performance of this Aoreement, except for injuries and damages caused by the sole negligence of the Public Entity. 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 Public Entity, 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 hoperoonsordanlagetopnopedYvvhichmayahoefrVrnorinoonneoionwith the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope ofcoverage 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 Chv'orecourse toany remedy available etlaw oriDequity. A. Minimum Scope mfInsurance. Contractor shall obtain insurance ofthe types and with the limits described below: . 1. Automobile Liability insurance with a minimum combined single UnnK for bodily injury and property damage of$1.UDO.00O per accident. Automobile |iebi|bv Insurance ahmU cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CAOO 01 or substitute h)mn providing equivalent liability coverage, If 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,OUO.O0Ogeneral aggregate and $2.00O,ODUproducts-completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG OO 81 and shall cover liability arising from premises, mperadiunn, independent contractors, prod uotu-cVcnp|edadoperations, stop gap liability, personal injury and advertising injury, and liability assumed under aninsured contract, The Commercial General Liability insurance shall beendorsed toprovide aper project genora|mggnegoia|irnitueinQ|GOformCG25U3O5OSor an equivalent endorsement. There ohmU be no exclusion for liability arising from explosion, oo||apeo or underground property damage, The City shall be oornwd as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using I8[) Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing otleast aa broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance hamm of the State of Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain urbeendorsed to contain that they shall be primary insurance with respect to the City. Any insurance, uekf-inauranne, or Insurance pool coverage maintained by the City oho|| be excess of the Contractor's insurance and mhgU not contribute with it. C. Acceptability ofInsurers. Insurance isbobeplaced with insurers with ocurrent A.K8.Best rating of not less than A: VII. CARevised December 2016 Page 2of5 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. Upon request by the City, the Contractor nhm|| furnish certified copies of all required insurance po|icieo, including endorsements, required in this Agreement and evidence of all mubomnbractoro'cVVerage. E. Subcontractors. The Contractor shall have eok+ nympon&ibDhv for determining the insurance coverage and limits nnquirod, if any, to be obtained by subcontractors, vvh/oh determination ahuU bemade inaccordance with reasonable and prudent business practices. F. Notice pfCancellation. 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 tmMaintain Insurance' Failure onthe part of the Contractor to maintain the insurance as required shall constitute @ nnabeha| b[nonh 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, mtits discretion, procure orrenew such insurance and pay any and all premiums inconnection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion ofthe City, offset against funds due the Contractor from the City. 8' Record Keapingand Reporting. A. The Contractor shall maintain accounts and neoonds, including penoonnsd, pnoperty, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and eerv|m*o 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. Theme records ahoU be maintained for o period of seven (7) years after termination hereof unless permission todestroy them Is granted by the office of the archivist in accordance with RCW Chapter 40.14and bythe City. 9. Audits and [nspecdonm. 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. I0,Temm|nation. This Agreement may at anytime be terminated by the City giving to the Contractor thirty (3[) days written DoUn8 of the Cit/m intention to terminate the same. Failure to Pnn/ido products on schedule may result incontract termination. |fthe Contractor's insurance coverage |ucanceled for any reason, the City shall have the right toterminate this Agreement immediately, 11.Discrimination Prohibited. The Consultant, with regard to the work performed by Itunder this Agreement, will not discriminate on the grounds Of race, re|igiDD, creed, color, national origin, og8, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any diambi/iLy, or any other protected daon wtmhuo Under state or federal |oVY, in the selection and retention ofemployees orprocurement Vfmaterials orsupplies. 12. Asslqnmnwntmmd Subcontract. The Contractor shall not assign orauboontnsd any portion of the services contemplated by this Agreement without the written consent of the City, 13.Entire Aqrmemnent;Modification. This Agreement, together with attachments mraddenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior neQotimUono, 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. CARevised December 2O18 Page 3of5 14.SavenabNityand Survival. Ifany term, condition orprovision ofthis Agreement kadeclared void or unenforceable or limited in its application or effect, such event ehmU not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions ofthis Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation ofthis Agreement, shall survive termination ofthis Agreement. 15.Nmtoes. Notices tOthe City OfTukwila shall besent tnthe following address: City Clerk, City 0fTukwila G20 SouthmanterBlvd. Tukwila, Washington 08188 Notices b]the Contractor shall besent tothe addnessprOvidedbvtheContnaotorupon1heo'nab/no line below. 16.AppUcable Luvv Venue; Aoornay's Fees. This Aonaan}ent shall be governed by and construed in accordance with the laws of the State of Washington. 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 beentitled toits attorney'ofees and costs mfsuit. 2 ~7]-x —1 / DATED thIscday of CITY OFTU0W|L4 CONTRACTOR Rick Still, Parks and Recreation Oinaobor - AA Printed Name and Title: Address: «],6 -70� .~^ OARevised December 2O1G Page 4 of 5 Scope of Work for. Stephanie Gardner -Brown City of Tukwila - Parks and Recreation 12424 42nd Ave Tukwila , WA 98168 (208) 767.2342 Date: updated 6/19/18 Name of Project: Agency Contract No.: EarthCorps Project No.; Codiga Park: 128th St parcel; crystal spnngs 312-18-01 EXHIBIT A From: Manske I ecskes EarthCorps 6310 NE 74th Street Suite 201E Seattle, WA 98115 (206) 322.9296 X204 Fax: 206.322.9312 PV•P.WpO VI ♦An; Task 1: Codiga Park - General maintenance of invasive weeds, particularly areas unsuitable for volunteers to work (steep slopes; brushy areas); Cut/dab treatement of Himalayan Blackberry growing within aprap areas; treatement of knotweed : brushcutung back Reed Canary Grass; sheet mulching tansy areas (assuming City of Tukwia can provide mulch) Task 2; 128th St Parcel • Treat dense Knotweod patch vie hollowstem injection ( May only need one day - if so, wet use extra day at Crystal Springs) Task 3: Crystal Springs -Treat knotweed via foliar spray and EZ-ject laurel stand Tentative Dates Task 1: Codiga Park I # Crew Days or Hours I Daily orHourly Rate Materials Cost l I Subtotals Days in field: 7/9.7/11:9/11 4 $ 1.600.00 $ 6,000,00 Project Management 8 $ 75.00 $ 600,00 . Materials Herbicide equIpment/rnametnance fee 1 $ 20.00 S 20.00 $ . $ Task 2; 128th St Parcel $ 6,620.00 Days in field: 8/20, 8/21 2 $ 1,500.00 $ 3,000.00 Project Management 7 $ 75.00 $ 525.00 $ $o • Materials Herbicide $ 5586 $ 65.66 ljection Markers 24 $ 6.00 $ 144.00 equipment/ maintenance fee 2 $ 20.00 $ 40.00 Task 3: Crystal Springs $ 3,764.86 Days in field: 7/12, 7/13 : 8/22 , 8/23 4 $ 1,500.00 $ 6.000.00 Project Management 8 8 75.00 $ 600.00 Herbicide $ 75.00 $ 7640 Matenals equipment/ maintenance fee 2 $ 20.00 $ 40.00 $ - $ 8,715.00 Crew Labor $ 15,000.00 Project Management $ 1.725 00 Materials $ 374.88 Subtotal $ 17,099.86 Materials & Handling Fee (10% of Total Materials) $ 37.49 TOTAL FEE $ 17,137.35 Sales Tax: 10% Location Code: 1729• Tukwila $ 1,713,73 TOTAL PAYABLE 1 s 1AAR1 rut Fee Schedule Crew Day (5-6 persons/van/equipment) Project Manager/hour Field Technician/hour Field Trucks (4x4 pick up/3 ton dump truck) $75/day Payment Invoiced monthly until completion, 30 day payment requested. Labor $1,500.00 $75.00 $30.00