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HomeMy WebLinkAbout19-194 - ECOSS - Consultant Services for Public Outreach / NPDES Program19-194 Council Approval N/A "�x �Stm � .~x�� xunxwxxpm Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to ae"the Cit«^.and ECC)G@ . hereinafter referred hoae"the Conaubont".inconsideration ofthe mutual benefits, terms, and conditions hereinafter specified. 1. Pnoimct 0esirimation. The Consultant is retained by the City to perform Education and Outreach services in connection with the project titled Puclet Sound Spill Kit Incentive Proqrann2U2O 2. Scope of Services. The Consultant agrees to perform the oen/icea, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. [}mrm1iom of Acireemnenƒ; Time for Performance. This Aonaannent shall be in full force and effect for a period commencing upon execution and ending []aoennber 31. 2020 . 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 [}eoannber 31. 2020 unless anextension ofsuch time iogranted inwriting bythe City. 4. PaVnoemt- The Consultant shall be paid by the City for completed vvud« and for services rendered under this Agreement aofollows: A. Payment for the work provided by the Consultant aho|| be made as provided on Exhibit ')4^ and ^B^ attached heneto, provided that the total amount ofpayment tothe Consultant mhoU not exceed $7.500.00 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 tothe Consultant inthe amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be nnodo promptly upon its ascertainment and verification by the City after the completion ofthe work under this Agreement and its acceptance bythe City. D. Payment as provided in this section shall be full compensation for work performed, services nandeoad, and for all rnotgria|e, eupp|iae, 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. 4� \^` l ` o� �- y 5. Ownership and Use of Documents. All doounlenta, dravvnQa, specifications and other nneteha|n produced by the Consultant in connection with the services rendered under this Agreement aho|| be the property of the City whether the project for which they are mode is executed or not. The Consultant shall be permitted to retain copieo, including reproducible oopiee, of drawings and specifications for infurnmation, reference and use in connection with the Consultant's endeavors. The Consultant eho|| not be responsible for any use of the said docurnenta, dravvinga, specifications or other materials by the City on any project other than the project opeuihadinthieAgnaernen1 O. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Aoneemnent, faithfully observe and comply with all federe|, state, and local |owe. ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant ahoU defend, indemnify and hold the Qty, its ofDcera, ofhcia|e, employees and volunteers hmrnn|eee from any and all u|oinoe, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the ooto, errors or orniamiVne of the Consultant in performance of this Agreement, except for injuries and damages caused bythe sole negligence ofthe City. Should m court of competent jurisdiction determine that this Agreement is subject to RCVV 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 Cib/, its offioenm, oMicia|o, ernp|oyeee, and volunteers, the Consultant's liability hereunder shall beonly tothe extent ofthe Consultant's negligence. |tigfurther specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 R{}VV, 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 ehm|| procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons ordamage to property which may arise from or in connection with the performance of the vvurh hereunder by the Conau|tant, its agente, representatives, or employees. Consultant's maintenance ofinsurance ao required by the agreement ehe|| not be construed to limit the liability of the Consultant to the coverage provided by such inourenoe, or otherwise limit the City'e recourse to any remedy available at law orin 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 nnininoUnn combined single limit for bodily injury and property damage of $1.000'000 per accident. Au1OrnObi|8 Liability insurance shall cover all ovvned, non'ovvnad, hired and leased vehicles. Coverage eho|| be written on Insurance Services Office (ISO) form CA OO 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall beendorsed toprovide contractual liability coverage. 2. Commercial General LiabilitV insurance with limits no less than $1,000,000 each occurrence, $2.00O.0OOgeneral aggregate. Commercial General Liability insurance shall beatleast gsbroad asISO occurrence form CGODO1 and shall cover liability arising from premises, operations, stop -gap independentcnntroctora and personal injury endedvertioinAi jury. The City shall banamed aman additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement atleast aebroad usISO CG 2028. wPwEnmPRoJEomwonprojectmNPoESProgram (9934121Spill Kitprogram\opill Kit 2020\professm=Services Agreement 2020uoc 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State ofWashington. 4. Professional Liabi|itywith limits nuless than Q1.00O.00Oper claim and $1.DU0.O0O policy aggregate limit. Professional Liability insurance shall be appropriate tothe Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to oontmin, or be endorsed to contain that they shall be primary insurance with respect to the City. Any |naurance, me|f-innurancg, or insurance pool coverage maintained by the City eho|| be excess of the Consultant's insurance and shall not bocontributed orcombined with it. C. Acceptability of Dmammarm- Insurance is to be placed with insurers with a curmentA.K8. Best rating ofnot less than A:V||. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endoreamen1s, including but not neuaoaarUv limited to the additional insured endorsement, evidencing the insurance requirements ofthe Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, requinad in this Agreement and evidence of all subcontractors' coverage. 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 port of the Consultant to maintain the insurance as required shall constitute o rnmier|a| bn*goh of contract, upon which the City may, after giving five business days notice to the Consultant to correct the bnaoch, immediately terminate the contract or, cUits discretion, procure orrenew such insurance and pay any and all premiums in connection therewith, with any sums ooexpended to be repaid to the City on demnand, or at the mo|a discretion of the City, offset against funds due the Consultant from the City. 8. 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 aho|| not be responsible for withholding o/ otherwise deducting federal income tax or social security or for contributing to the state industrial insurance progronm, otherwise assuming the duties of an employer with respect to the Consultant, orany employee ofthe Consultant. 10. Covenant Aqa|nstCumt|nqmntFees. The Consultant warrants that hehas not employed or retained any company or panaon, other than o bona5de employee working solely for the Consultant, to solicit orsecure this conirg(t, and that he has not paid or agreed to pay any company or peroon, other than a bonafide employee working solely for the Coneu|tant, any fae, nonmnniaeion, percentaQe, brokerage fea. Qifts, 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 eho|| have the right to annul this contract without |ieb|Uh/, or in its discretion to deduct from the contract price or consideretion, or otherwise reomver, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. Controotor, with nagmnd to the work performed by it under this Agreemnent, will not discriminate onthe grounds ofrace, ne|igion, creed, oo|or, national nrigin, age, veteran atatue, aex, sexual or|entation, gender identUy, marital ototus, political aOi|iabon. Mp sngpROJEoTSmonproject*NPoES Programm93wx,mmWmPEdOmrea*\ECoSS Spill Kit programmpKit momPromssionalServices Agreemem2020.doc the presence of any disab|Uv, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. AamiqmrmenL The Consultant shall not sublet orassign any ofthe services covered by this Agreement without the express written consent ofthe City. 15. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute g 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 tothe Consultant. B. In the event of the death of a nnennber, partner or oOiomr of the Coneu|tant, 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 en by the City. This section shall not be m bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attgrme9"s Fees' This Agreement shall besubject to, and the Consultant ohm|| at all t|nnea comply vvith, all applicable federal, state and local |avva, regu|8tioDe, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any ouit, orbit/edon, or other proceeding is instituted to enforce any term of this Agreernent, the parties specifically understand and agree that venue shall be properly laid in King Countv, Washington. The prevailing party in any such action shall beentitled toits otto/nay'sfees and costs ofsuit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 10. Smvenabi|itv and Survival. |fany term, condition orprovision ofthis Agreement iodeclared 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 C@nCe||adnn of this AgneennenL, shall survive LenniO@Uon ofthis Agreement. 17. Notices- Notices tothe City ufTukwila shall besent tothe following address: Greg Villanueva Department ofPublic Works City ofTukwila 83OUGouthcenterBoulevard Guite1OO Tukwila, WA 98188 Notices toConsultant shall besent tothe following address: Ann Boyce E{}OGS 1O11GVV0ickit8tWay Suite 201 Seattle, WA 98134 18. Entire Aqreemnont; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negcdiobona, repneoentotionm, or agreements written or oral. No amendment or modification of this Agreement nhn|| be of any force or effect unless it is in writing and signed bythe parties. W:\pwsng\pROJsCTumnnprojects\NPDESProgram w93^z,msWwpEcumreamEmu Spill Kitprog=m\opill Kit 20m\PmmssionmServices Agreement 2020.doc mir DATED this day of , 20r:1 . CITY OF TUKWILA y H sh Public Works Director CONSULTANT By: nCCI Printed Name: Cluny McCaffery Title: Executive Director VV: \ PW Eng \PROJECTS \A- DR Projects\ NPDES Program (99341210) \ SWMPEdOutreach \ECOSS Spill Kit Program \ Spill Kit 2020 \Professional Services Agreement 2020.doc CA revised December 2016 Page 5 h,,‘„,410,11, ulutok,im'y ECOSS' Puget 8otmd Spill Kit Incentive Program 2020 d Sco e of Work Propo „ .111,111100,1,01,1,11 ,,110, ,,„,1,11,1000,11pirollo,v,10,0,1101m000„,,, F5'" ' ,10114, '11111 191111 ECOSS proposes the following scope of work to be completed with the City of Tukwila. This is an ongoing project between both parties. This document is a statement of work designed to clarify and aid in understanding responsibilities and expectations of participating parties. Goal: - The primary goal for this project is to increase awareness and understanding of stormwater management among business owners, managers, property managers and employees, and encourage businesses and multi -family complexes to practice pollution prevention and best management practices. Task 1 — Project Management To be completed by ECOSS - Provide management and guidance to ECOSS staff to provide spill kit outreach, spill response training, and technical assistance to businesses. - Respond to City of Tukwila's inquiries and requests as needed. Deliverables: • Provide management and guidance for staff to perform deliverables as listed in Task 2 — Business Outreach & Technical Assistance • Communicate with City Task 2 — Business Outreach & Technical Assistance To be completed by ECOSS ECOSS will provide targeted and specialized stormwater pollution prevention assistance and spill response training to businesses and multi -family complexes throughout City of Tukwila ECOSS will provide support to City of Tukwila by working directly with any business or multi -family complex identified by the City or ECOSS staff members. Support will include, but not be limited to: • Stormwater education • Spill kit, customized spill plan, and spill response training for managers and employees Sustainable Solutions for All • Provide King County Best Management Practices (BMPs) information sheets appropriate for the business sector • In -language support as needed • Contractor, consultant, vendor, and agency referrals - ECOSS will collect information during service delivery to gauge basic knowledge and awareness of stormwater issues, BMP's, spill response readiness, etc. ECOSS will perform follow up outreach with follow up support as needed and perform regionally -based post -service surveys to a percentage of previously visited businesses to determine post -service awareness and behaviors, including kit use, training, etc. Deliverables: • Provide up to 20 new businesses with spill kits and spill response trainings in 2020 • Provide at least 10 follow up outreach visits with post -service surveys in 2020 Program Materials To Be Completed by ECOSS - ECOSS will produce program literature: • Spill kit brochures describing the program • Spill training poster • Site specific spill plans • Site maps Deliverables: - Spill kit brochure(s) - Spill plan(s) for each business or multi -family complex - Spill kit(s) for each business or multi -family complex - Emergency spill response training materials - Site maps with drainage info (where GIS data is available) To Be Completed by the City of Tukwila - (Optional) Referrals to prioritized businesses and multifamily complexes for ECOSS outreach staff Deliverables: • List of businesses needing assistance and any additional educational materials that the City of Tukwila would like distributed • Updated GIS information, if applicable iflififfitrifirrlriffirnr, 1/177/7/f77,""777141,701Melf PI/P6 9„,9/9,,,91fi/JV /,9 ),/k ;41 LL:1,614,,iyaii");_4,L)K:A5;„ Af(,,dLe /z,g,La bLiAf,„(d4d, ,z,od Task 3 — Record Keeping & Reporting To Be Completed by ECOSS Ecoss 1/ Sustainable Solutions for - ECOSS will supply the City of Tukwila with a report of completed site visits, business sectors visited, primary languages spoken, materials, training and assistance provided. - ECOSS will provide a final evaluation report about pre/post service delivery behaviors based on regional outreach. - Progress -based invoicing (based on percentage of project completed) will occur within three months of project implementation. Final invoice will be sent before December 31, 2020. Deliverables: • Invoicing after outreach completed and after sending final report • Tracking spreadsheet, draft (due 12/15/20) and final (due 12/31/20) evaluation report(s) Ongoing activities To Be Completed by ECOSS and City of Tukwila - In addition to the tasks listed above, there may be a need for subsequent meetings, phone calls or emails regarding the stormwater work activities - Ongoing conversations between parties regarding the development of future programs, funding sources, and the opportunity to partner on subsequent projects Deliverable: • Check -ins regarding work activities Total Budget The bud et for his proposed sco e of work is $7,500. ECOSS kV...able Solutlons for AI 0 0 rri h O a Task 2 Business Assistance Technical Assistance 0 0 0 01 i/? 0 mo L n, Inventory Management, Data Entry 0 0 0 V d age, Materials, 0 0 of M M