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HomeMy WebLinkAbout12-012 - EarthCorps - Duwamish Hill Preserve Environmental RestorationContract No. 12-012 CONTRACT FOR SERVICES Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and EarthCorros hereinafter referred to as "the Contractor whose principal office is located at 6310 NE 74 St.. Suite 201E, Seattle WA98115 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 Pavment. 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 $29.900.00 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 February 14 2012 and ending December 31 2012 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. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or DHP EarthCorps Maintenance Restoration Contract 2/6/2012 1/ Page 1 o€2 S a— GVL� �i}-J reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 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 Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assienment 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. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 14. 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. 15. 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 �T/ day of L Ar t tn/ (f 2020J—) CITY PF TUKWIL,A CONTRACT ►v1 J 1- By: :x.G✓/�— By: J Title: i Haggert ayor� Title: A ST AU ENTICATED: Printed Name: I I Christy O'Flahe CMC, City Clerk `I Address: APPROVED AS TO FORM:. Office of the City Attorney Date approved by City Council: By: C� (Applicable if contract amount is over $40,000) DHP EarthCorps Maintenance Restoration Contract 2/6/2012 Page 2 of 2 City of Tukwila Parks Recreation Department Exhibit A: SCOPE OF WORK Jim Haggerton, Mayor Rick Still, Director February 6, 2012 DHP Environmental Restoration Project Steep slope invasive plant species identification and removal, possibly requiring the use of rope and harness safety set -ups. Installation of erosion control measures may be required with steep slope work. 3. If required, mechanical equipment and /or power tools (i.e. chainsaws, brushcutters, and /or other large equipment) may be used for the removal of invasive plant species. 4. All debris removal and disposal will be coordinated by designated Tukwila Parks and Recreation staff for various areas where hand or mechanical invasives removal was completed. 5. Herbicide work for cut stump treatment of invasive trees varying in size from Y2"— 6" diameter at 4' in height. Treatment must happen within 30 minutes of cutting. Herbicide product selection must be approved by designated Tukwila Parks and Recreation staff before treatment. 6. Conduct seed test plots on site as necessary to develop the best process for seeding of various seed mixes in varying areas on site. 7. Provide input and expertise to create a recommended plant palette of native plant species. Plant prepared areas with pre- approved plant palettes and spacing as determined by Tukwila Parks and Recreation staff. Purchase specified plants for specific restoration areas. 8. Mulch to a depth of 4" 6" over entire planting area and with minimum 3' radius around each plant. Mulch mixture is to be approved by designated Tukwila Parks and Recreation staff or approved representative before use. 9. Clean -up of site after each work day. Including all tools and equipment and piling organic debris in approved location for Tukwila Parks and Recreation staff if contractor was not directed to execute disposal. GOOD HEALTHY FUN 12424 42nd Ave. S. Tukwila, Washington 98168 9 Phone: 206 768 -2822 Fax: 206 768 -0524 The Contractor agrees to provide all necessary knowledge and labor required to complete restoration of urban forest(s), native plant communities, and /or natural areas at multiple sites within multiple parks as designated by the Tukwila Parks and Recreation Department. The Contractor will supply all equipment and skills necessary to provide the services listed below. To accomplish the Scope of Work various tasks and skills may be utilized and could include: 1. Identify invasive vs. native plant species and hand weed invasive plant species. City of Tukwila Parks Recreation Department Jim Haggerton, Mayor Rick Still, Director All work to be scheduled and coordinated with designated Tukwila Parks and Recreation staff prior to work starting on site. The scope of each job is flexible upon the projected budget impacts and the restoration area of focus. The contractor shall provide a year end report summarizing all work completed on site by the contractor including pictures showing the before and after of each area of restoration work. This scope is good until December 31, 2012 and is not to exceed $29,900.00. The scope of work is based upon 17 crew days but at the City's initiation and authorization the scope of services may be increased up to an additional six (6) crew days or equivalent budget amount if additional budget funding comes available. This additional work would still be under the not to exceed amount of $29,900.00. All work to be paid at Prevailing Wage Rates. Fees are specified in Exhibit B: FEE SCHEDULE. Tukwila Parks and Recreation Contact Person: Robert Eaton Project Coordinator robert.eaton(@tukwilawa.Rov 206 767 -2332 GOOD HEALTHY FUN 12424 42nd Ave. S. Tukwila, Washington 98168 a Phone: 206 768 -2822 Fax. 206 768 -0524 Payments to be billed according to the following Fee Schedule. A typical crew day expense is approximately $1,300.00 and is the rate used to calculate the number of work days that can be completed according to the budget. Jim Haggerton, Mayor Rick Still, Director Exhibit B: FEE SCHEDULE February 6, 2012 DHP Environmental Restoration Project City of Tukwila Parks Recreation Department Fee Schedule Labor Crew Day (5 -6 persons /van /equipment) $1,025.00 Project Manager /hour $52.00 Field Technician /hour $25.00 Field Trucks (4x4 pick up 3 ton dump truck) $75 /day Payment: invoiced monthly until completion, 30 day payment requested. GOOD HEALTHY FUN 12424 42nd Ave. S. Tukwila, Washington 98168 Phone. 206- 768 -2822 Fax: 206 768 -0524