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HomeMy WebLinkAbout19-088 - Forterra NW - Shoreline & Natural Areas Maintenance19-088(a) City of Tukwila Agreement Number: Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Forterra NW That portion of Contract No.19-088 between the City of Tukwila and Forterra NW is hereby amended as follows: Section 4: Duration of Agreement. This agreement shall be in full force and effect for a period commencing May 1, 2019 and ending December 31, 2021, unless terminated sooner under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this 95. day of f4 441/ Vt.) , 20 go CI Y OF TUKWILA CONTRACTOR Pace, DCD Director frvs- Allan Ekberg, Mayor 5iistzvi0 CA Revised December 2016 Printed Name: \St oci fi 015 Page 1 of 1 Exhibit A Scope of Services (Amended February 2020) Contractor (FortenaNW) will conduct shoreline and natural areas maintenance at four City -owned sites: Cottage Creek (City Hall), Codiga Park, Duwamish Gardens, and BECU Shoreline. Work will begin in May 2O19and continue, asrequired and agreed upon byCity and Contractor, through December 2O21, unless amended. Specific maintenance work and associated costs are specified in attached document (Exhibit B). Maintenance work in3O2Dand 2OJ1isexpected tobesimilar tmthat detailed inExhibit B; but is subject to need and best management practices as determined by Contractor and City staff throughout project. City will provide access to recycled water and debris clean-up in areas where onsite composting is not Contractor will provide City with an annual report of maintenance activities by December 31 of each year. The 2O19maintenance contract cost is anticipated 1obe$17'D2S.0lThe 2OZUand 2OJ1rates area Exhibit B COST ESTIMATE FOR ANNUAL MAINTENCE OF CITY OF TUKWILA RESTORATION SITES Cut stump blackberry, foliar spray May bamboo and herbaceous weeds. Removc portugese laurel seedlings. Pull ivy along creek to toe of slope. Compost ivy on site. Remove ivy through full patch,including May under the building. Treat and remove Portugese Laurel beside building. Remove and dispose of plant debris. 6 8 Repeat herbicide treatment for any September 4 returning invasive weeds. Subtotal Foliar spray poison hemlock, thistles and May 4 other herbaceous weeds throughout project area. Repeat herbicide treatment for any September 4 returning invasive weeds. Subtotal 1. CNH Guide Service LLC, a subcontractor of Forterra. 2. Washington Conservation Corps crew sponsored by Forterra. 1/30/2019 14/14 2 $ 50.00 $ 710.00 FORT&RRA 2 $ 200.00 $ 990.00 These weeds are not directly on the creek, but are uphill adjoining the restoration area. It would be beneficial to remove them now, to avoid reinfestation. 1 $ 50.00 $ 445.00 $ 2,145.00 fA 2 $ 50.00 $ 2 $ 50.00 $ 580.00 $ 1,160.00 1 of 3 Foliar spray poison hemlock, bindweed, May tansy, thistles, teazal and other herbaceous weeds throughout project area. Cut stump himalayan blackberry, clemati May and butterfly bush throughout project area. Repeat herbicide treatment for any September retuming invasive weeds. 8 - 10 watering events in upstream May - project area, as necessary or as budget September allows. Subtotal 1. CNH Guide Service LLC, a subcontractor of Forterra. 2. Washington Conservation Corps crew sponsored by Forteva. 10 10 60 1 IT117(IVVf t 2 $ 50.00 $ 970.00 5 $ 100.00 $ 2,275.00 2 $ 50.00 $ 970.00 10 $ 5,250.00 Price assumes City of Tukwila can provide a water source. If not, the cost of water will be added. Fewer watering events would still be beneficial for new plants, if available budget doesn't support 10 watering events. $ 9,465.00 1/30/2019 2 of 3 obi Cut stump blackberry and hand pull May 1 5 $ 100.00 $ 2,275.00 Ivy and blackberry are english ivy throughout park. scattered throughout the Foliar spray poison hemlock, tansy, and May other herbaceous weeds throughout park. Repeat herbicide treatment for any September returning invasive weeds. Subtotal 1. CNH Guide Service LLC, a subcontractor of Forterra. 2. Washington Conservation Corps crew sponsored by Forterra. PROJECT• MANAGEWIEN' Progress reports and invoicing Subtotal Total Annual Estimate Excluding Tax 1/30/2019 tA1vII Ongoing 4 4 iUl 2 $ 50.00 $ 580.00 2 $ 50.00 $ 580.00 $ 3,435.00 12 A15A $ 1,620.00 $ 1,620.00 $ 17,825.00 park, but appear to be being maintained. If volunteer stewards intend to continue maintaining blackberry and ivy, this task could be removed from the scope. 3 of 3 e City of Tukwila Contract Number: 19-088 xMr; Council Approval NIA 6200 Southcenter Boulevard, Tukwila WA 98188 g?' 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 NW, hereinafter referred to as "the Contractor," whose principal office is located at 901 5th Avenue, ;ate. 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. 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 $35,000 at a rate of approximately $17,500/ year. 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 May 1, 2019, and ending December 31, 2020, 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 December 2016 W �` �' �h �'�` _ Page 1 of 4 6. Indemnification. The Contractor 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 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: 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 at least as broad as 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 a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional 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 at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised December 2016 Page 2 of 4 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: VI I. 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 shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. CA Revised December 2016 Page 3 of 4 12. P►sSl nment and Subcontract. Except as provided in the attached Exhibits, 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 A regiment 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. Severabillity 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, 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. DATED this d CITY F TUKV,,VII-A CONTRACTOR ,P All-k ......�._..._ ... _ .... BY: b #� Mayor, City of Tukwila Printed Name and Title: APPROVED AS TO FORM Kristen Karabensh, Corporate Counsel Address: _ 901 5th Avenue, Ste. 2200 Off i Le of the City Attorney Seattle, WA, 98164 CA Revised December 2016 Page 4 of 4 Exhibit A Scope of Services Contractor (Forterra) will conduct shoreline and natural areas maintenance at four City -owned sites: Cottage Creek (City Hall), Codiga Park, Duwamish Gardens, and BECU Shoreline. Work will begin in May 2019 and continue, as required and agreed upon by City and Contractor, through December 2020, unless amended. Specific maintenance work and associated costs are specified in attached document (Exhibit B). Maintenance work in 2020 is expected to be similar to that detailed in Exhibit B; but is subject to need and best management practices as determined by Contractor and City staff throughout project. City will provide access to recycled water and debris clean-up in areas where onsite composting is not feasible. Contractor will provide City with an annual report of maintenance activities by December 31 of each year. The 2019 maintenance contract cost is anticipated to be $17,825.00. The 2020 rates area expected to be similar, with a not to exceed of $35,000 for the entire two-year contract. EXHIBIT B CITYHALLIMEERAIvII CNH' ir4 STAFF :MATERIALSAND . 11 04 RS) . (DAYS) {HC)i1RS) > EES TOTAL COST NOTES Cut stump blackberry, foliar spray May 6 2 $ 50.00 $ 710.00 bamboo and herbaceous weeds. Remov( portugese laurel seedlings. Pull ivy along creek to toe of slope. Compost ivy on site. Remove ivy through full patch,including May under the building. Treat and remove Portugese Laurel beside building. Remove and dispose of plant debris. Repeat herbicide treatment for any September returning invasive weeds. Subtotal Foliar spray poison hemlock, thistles and May other herbaceous weeds throughout project area. Repeat herbicide treatment for any September returning invasive weeds. Subtotal 1. CNH Guide Service LLC, a subcontractor of Forterra. 2. Washington Conservation Corps crew sponsored by Forterra. 8 2 $ 200.00 $ 990.00 These weeds are not directly on the creek, but are uphill adjoining the restoration area. It would be beneficial to remove them now, to avoid reinfestation. 4 1 $ 50.00 $ 445.00 $ 2,145.00 CNH''" WCC� . STAFF 'Mf Ti) AL CAST NC+TFS' (HOURS) (DAYS)' {H©t1RS) FEES 4 2 $ 50.00 $ 580.00 4 2 $ 50.00 $ 580.00 $ 1,160.00 1/30/2019 1 of 3 Foliar spray poison hemlock, bindweed, May tansy, thistles, teazal and other herbaceous weeds throughout project area. Cut stump himalayan blackberry, clemati May and butterfly bush throughout project area. Repeat herbicide treatment for any September returning invasive weeds. 8 - 10 watering events in upstream May - project area, as necessary or as budget September allows. Subtotal 1. CNH Guide Service LLC, a subcontractor of Forterra. 2. Washington Conservation Corps crew sponsored by Forterra. 1NCC? STAFF ? MOEMALS AK15 TOTAL COST (HOURS) (DAPS) {HOURS) FEES' 10 2 $ 50.00 $ 970.00 1 5 10 2 60 10 $ 100.00 $ 2,275.00 $ 50.00 $ 970.00 $ 5,250.00 Price assumes City of Tukwila can provide a water source. If not, the cost of water will be added. Fewer watering events would still be beneficial for new plants, if available budget doesn't support 10 watering events. $ 9,465.00 1/30/2019 2 of 3 CODIGA PARK TIMEFRAME CNH!' WCCZ' STAFF MATERIALS AND = TOTALGOST' NOTES' '..(HO�lRS) `� (HOURS) (DAYS) : FEES. Cut stump blackberry and hand pull May 1 5 $ 100.00 $ 2,275.00 Ivy and blackberry are english ivy throughout park. scattered throughout the park, but appear to be being maintained. If volunteer stewards intend to continue maintaining blackberry and ivy, this task could be removed from the scope. Foliar spray poison hemlock, tansy, and May 4 2 $ 50.00 $ 580.00 other herbaceous weeds throughout park. Repeat herbicide treatment for any September 4 2 returning invasive weeds. Subtotal 1. CNH Guide Service LLC, a subcontractor of Forterra. 2. Washington Conservation Corps crew sponsored by Forterra. PRU IFGT MANAGEMENT"- TIMEPRAIVIE CNH�' WCCZ STAFF ° (HOURS), (DAYS), � (0OU�` ' Progress reports and invoicing Ongoing 12 Subtotal Total Annual Estimate Excluding Tax $ 50.00 $ 580.00 $ 3,435.00 $ 1,620.00 $ 1,620.00 $ 17,825.00 1/30/2019 3 of 3