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HomeMy WebLinkAbout21-156 - EarthCorps - Maintenance Services: Cottonwood Corner and Duwamish Hill PreserveCity of Tukwila CONTRACT FOR SERVICES nvmho, 21-156 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, WashinQkzn. a non -charter optional municipal code city hereinafter referreri to as the City," and Ear,thcore,a, hereinafter referred to as the Contrackor.^ whose principal office is located �\ 6310 NE 74th St, Seattle„LWA 98115 WHEREAS, the City has determined the need tohave certain services performed for /1s 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 certan terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. The Contractor ckornhmU perform those described on ExhibbAa�aohmd hereto and incorporated herein by this reference as if set forth. In performing such services, the Contractor shall atmUonen comply wdhall Federal, State, and tocat statutes, rules and ordinances applicable 10the pe�omanoeofsuch services and the handling of any funds used in connection therewith. The Contractor shall request and obtain priorvriMenopprova|�on\heCdvifthesoVpeorschedu|eintobomndi�eUinanyway,*w: Z°,*m.Z ° °,,w°°all ,° " 2. Compensation and Method of Payment. The City hoU 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 $2,061,62 . 3. Contractor Budget.. The Contractor shall apply the funds received under this Agroomont within the maximum limits set forth in this Agroement. The Contractor shall requestprior approval from the City whenever tho Contractor desires to amend its budget in any way. 4. Duration of Axzreement. This Agreement shall be in full force and effect for a period commoncing September 27, 2021, and ending December 30, 2021, unless sooner terminated under the provisions hereinafter specified, 5. Independent Contractor. Contractor and City agree that Contractor is an independont 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 incorne tax or social security or contributing to the State Industrial Insurance Prmgnarn, or otherwise assuming the duties of an employer with rospect to the Contractor, or any emptoyee of the Contractor. 6. |ndmmunificston. The Contractor shall defend, indemnify and hold the Public EnVh/, its offioers, officia|u, employees and volunteers harmless from any and all tlainna, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Ampeement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 014 ShoWd a dourt of cornfreiiiitent jtarisdisition determine that ihis Agrosierrierst sahviiare 4 2,4 115, therri, in the everit of 4for ciersiagers arisiteg out of bodily triply to pereens tar darriegrres to properly caused by or. res.isthinrii) 10 ttl concurresit neghgence ef tlrie Corritraciter and ErTertrie offie:erso employees, and voienteers, the (riScriintracitor's ha)riiikry hereunder be only to "itle e.xteaiiit the Cr'..)ntractserrefl 4 4 It is taienther iiiipfireaficially and expressky t„ariderstaraid that rrie inderrinificarbrith provided herein erJaistittstens thriii Contractor's wareer ef iriernirinity iriseirar thsiiiranee, Title 51 FRCW, soloiiity for the purposes of tires, indemsiifirapen. This waiver 1!"1,.";.:.V.'"if, been rrineturriS/ negotiated by the parties. ii"he provisions of this sErsibtion ellen siiievere the eyararation or terninniaticea of this Agreement. The Contractor st"iali procure art nraintain for U d Li. Fa tiOn of the A.glesiment, rsiricarice against claims for injurieS to persons or darnage 4 property which may a rise from or in nor i") e C11 on the perforidanc:e of the vvork hereunder by the Contr.rwtor, h r adergs, representatives., essibleyees or ubcontractors, Contractr's maintenance of insurance its scope of coverage and itmits as inillitgtored herefn shall not be rionstrded to lirnit the liabihty of the Contractor to the cOVelageC hy soon insurance, or otherwise limit the City's recourse 4 any remedy availahlf.it at law dr in efltiiitY.• A. Minimum Scope of Insurance,. Contractor shall obtain insurance of the types and with the h 711 S described below, Automobile Liability_insurance with a rninimum combined singie limit for bodily injury and pr perty damage of $1,000,000 per accident, Automobile liability insurance shall cover ail owned, non -owned,: hired and leased vehicles. Coverage shall be written on lnsurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent ab4ity covera.ge, necessary, the policy shall be endorsed to provide contractual liability coverage, 2, Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, S2,000,000 general aggregate and $2,000,000 products -completed operations aggregate knit. Commercial General Liability insurance shall be as least at 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 Contractors 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. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A M Best rating of not less than A. VII. CA Re istd 202(i P.i4c 1 of 4 V nificaltion of Coverage. tiiiiontraitiv fitintSh the City oath original Ciefireflleafes and a bogy of brie amendatory eletterSereetts, hatitheitle tett not necessarily lircited to tins additiorich endorsement, evidencing thEif insetentifei requilefeentS of fee. eterefeCtOr befOre tiOrrarrienCeelese Of the work. Upon requestby trio City, te bonirector st; ise es fitellietli Certified copies of all requited insurance pandas, lieelltleinf,3 endorsements, reduired in ties Agrearrient one evidence ct sUbcontractors° coverage„ F. Subcontractors, The Contracitor shall cause eaCh and every Subcontractor to prevrite buskin:ince coverage that comphas with all applicable requirements of the Contractortiorovidee insurance aS Set fcrith herern, except the! Contractor shall nave sops responsibility for determining the iirnits coverage required to be obtained by Subcontractors.. °The Contractor shall ensure that the Public Entity is an additional insured on eace and every Sithicergractons Comirrierciai General liabiiits insurance policy using an endorsement as least as broad aS 0 SO CG 20 10 10 01 for ongoing operations and CG 20 37 1 01 for completed operations. S Notice of Cancellation. Trie Contracthr shall provide. the City n 3 all Additional insureds for sus vvork with written notice of any policy cancellationwithin two business days of their receipt of such notice!. H. Failure to Maintain Insurance, Failure on the part of the Contractor to rinaintain the insurtiltithe as required shall constitutea rnateriai beach of contract,. upon which the City' may, after giving five business days noticeto the Contractor to correct the breach, immediately terminate the contract or, at its discretion,. procure or renew such insurance and pay' any and all prercii„ans in COnnection therewith, with any sums so expended to be repaid to the City on dernand, or at the sole disrimotion of the City, offset against furies due the Contractor from the City, B. Record Keeping and Reoorting. A. The Contractor snail maintain accounts and records, including personnel, property„ financial and programmatic records which sufficiently and properly reflect all direct and indirect cri)sts of any nature expended and services perfomited in the performance of this Agreement and other sur h records as may be deemed necessary by the City to ensure the performance of this Agreement, B. These records shall he 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 RCV' Chapter 4014 and by the City.. 9. Audits and jnsipections. The records and documents with respect to all matters covered by this Agreement shall be subject at all trines to inspection, review or audit. by law during the performance, of this Agreement. 10., , This Agreement may at any thine 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. lfthe Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11„ f2jscrimination 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 lawl, in the selection and retention of employees or procurement of materials or supplies 12. Assignment and Sgbcontract The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City, 13. . This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes ail prior. neigotiations, 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, CA R, ',.d NA.av 2020 Ifiage ; of4 14. f any term., condition or provision of this Agreernent is deciF,Ired ,,,/tDd unenforceable or bruited in its application or effect„ such evF,..ntshall not affect a ny other' or evis hereof and all other provisions shall remain fully eriforceabIe,„ The brovisiOns of this Agreernent which by their sense and context are reasonably intended to survive the completion, expiration or canseAiatiosi of this Agreement, shall survive termination of this Agreement 15. Notices to the City of 'Tukwila shall besent 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. p. I 4'46 . 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 day of CITY OF TUKWILA Kis Kelly, Parks & ecrea Recreation Manager CA Revised May 2020 207-L. CONTRACTOR By: Printed Name and Title: Address: (1j, 2 7 t (.7 / Page 4 of 4 Scope of Work for: °Pena Perry e(ty or Tukwila Parks and Rect/424 42nd Ave 5 Tukwila, WA 98168 Da te. Name of Project: Agency Contract No.: EarthCorps Project No.: September 21 2021 Tukwila 312-21 01 Exhibit A From: Whitney Bowman Eartheorps 6310 NE 74th Street Style 201E Seattle, WA 98115 (317) 695-1809 Fax: (206) 322-9312 whitney4earthr(orps org Narrative Scope of Work: Maintain restoration areas at Cottonwood Corner and Duwarnrsh Hifi Preserve/ Task 1: Dates and Crew # Crew Days Carly Of Hourly Name or PM Hours Rate •,Aaterials Cost Subtotals Days rn held: 1 $ 1,675.00 1,675.00 Project Management 85.00 170.00 Fieid Specialist 50.00 Materials Herbicide 25,00 25.00 1,870 00 Crew Labor 1,675.00 Project Management 170,00 Field Specialist Materials 25.00 Subtotal 1,87000 Materials & Handling Fee (10% of Total Materials) 2.50 TOTAL FEE 1,872.50 Sales Tax 10.196 Location Code: 189.12 Materials (pass-through, taxed at source) TOTAL PAYABLE 2,061.62 Fee Schedule Labor Crew Day (5-6 persons/van/equipment) $1,675.00 Project Manager/hour $85.00 Field Specialist/hour $50.00 Field Trud<s (4x4 pick up / 3 ton dump truck) $85/clay Payment: invoocecl monthly until completion, 30 day payment requested.