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HomeMy WebLinkAbout24-044 - Anchor QEA - Cultural Resources Assessment: Crystal Springs Park Lighting Improvements 24-044 ContractNumber: CityofTukwila Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter Anchor QEA optional municipal code city and,hereinafter referred at 949 Market Street #700 Tacoma, WA 98402 . 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 anyway. 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 $24,000stated in Table 1 of the reference. The total amount to be paid shallnotexceedat a rate attached Scope of Work . 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 anyway. 4.Duration of Agreement. This Agreement shall be in full force and effect for a period commencing April52024June 30,2024 ,,andending, unless sooner terminated underthe 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 theContractor. 6.Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless fromclaims, injuries, damages, losses or suits including reasonableattorney 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 PublicEntity. CA Revised May 2020 Page 1of 4 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 ity hereunder shall be only to 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 thisAgreement. 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 herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insu Minimum Scope of Insurance. A.Contractor shall obtain insurance of the types and with the limits describedbelow: 1.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 liabilitycoverage. 2.Commercial General Liability insurance with limits no less than $2,000,000 eachoccurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. 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 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 broadcoverage. 3.coverage as required by the Industrial Insurance laws of the State of Washington. Public Entity Full Availability of Contractor Limits. B.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 thosemaintained by the Contractor. Other Insurance Provision. C. 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 it. Acceptability of Insurers. D.Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2of 4 of not less than A:VII. Verification of Coverage. E.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 commencementof 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 coverage. Subcontractors. F.The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors.The Contractor shall ensure that the Public insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Notice of Cancellation. G.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. Failure to Maintain Insurance. H.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 daysnotice 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, orat the sole discretion of the City, offset against funds due the Contractor from theCity. 8.Record Keeping andReporting. 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 thisAgreement. 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 theCity. 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 thisAgreement. 10.Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty reason, the City shall have the right to terminate this Agreementimmediately.Contractor has the right to terminate this Agreement if the City is in material breach of any obligation, provided herein, that is not cured within thirty (30) days of written notice of breach. 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 orsupplies. 12.Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of theCity. 13.Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior CA Revised May 2020 Page 3of 4 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.Severability 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 provisionsof 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 thisAgreement. 15.Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City ofTukwila 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.. 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 isuit. nd DATEDthis2dayofApril,2024. CONTRACTOR: CITYOFTUKWILA By: TMcLeod, Mayor Printed Name: ATTEST/AUTHENTICATED: Title: Address: Clerk APPROVED AS TO FORM: Office of the City Attorney CA Revised May 2020 Page 4of 4 EXHBIT A Scope of Work February 28, 2024 Cultural Resources Assessment: Crystal Springs Park Lighting Improvements City of Tukwila 1.Project Understanding and Approach Anchor QEA, LLC, is pleased to provide this scope of work and budget to provide a cultural resources assessment for the Crystal Springs Park Lighting Improvements project proposed by the City of Tukwila (City). Existing wooden lighting standards within Crystal Springs Park are aging and unable to function reliably. Proposed improvements will replace the existing standards and install new electrical lines to the lights (the Project). The Project extends across approximately 1,000 feet in Tukwila, King County, Washington. Lighting standards and electrical lines to be replaced by the Project at depicted in Attachment A, provided by the City. The Project will be funded, in part, by the Washington Recreation and Conservation Office (RCO) which requested a cultural resources assessment. Anchor QEA will conduct a reconnaissance level (DAHP) reporting guidelines. All work will be overseen by the Anchor QEA Principal Investigator, Austin Jenkins, who meets the 2.Scope of Services and Deliverables Task 1: Utility Locates Anchor QEA will conduct a preliminary site visit. During the visit, the Principal Investigator will complete a pedestrian survey, walking the proposed alignment and identifying areas that will require subsurface sampling via shovel probes. The Principal Investigator will mark all shovel probe locations with white paint and submit a utility locate request. No archaeology permits are anticipated for the cultural resources assessment. Task 2: Cultural Resource Review and Investigation As outlined by RCO for Architectural and Archaeological Records Data (WISAARD) database and published literature regarding past archaeological investigations, historical context, and ethnographic information. February 28, 2024 Cultural Resources Assessment: Crystal Springs Park Lighting Improvements Page 2 The Principal Investigator will reach out to potential interested Tribes on a non-consultation, informal basis, with Tribes to be included determined in coordination with RCO. Written correspondence will describe the proposed methodology for archaeological sampling and solicit any resource specific concerns prior to fieldwork. by RCO. Up to 20 shovel probes will be excavated and screened through 1/4inch hardware cloth. As time allows, boundaries of identified archaeological sites will be preliminarily delineated. Extensive site evaluation or boundary delineation, if needed, would take place under a contract amendment. properties are identified, they will be recorded. Task 3: Technical Report Methods employed and results of the background research, development of historic context(s), and Washington State Standards for Cultural Resource Reporting. An electronic draft of the report will be provided to the City within 30 working days of fieldwork completion for review by the City and RCO. A final draft will be submitted If additional fieldwork, including monitoring, evaluation, or mitigation is required, then a contract amendment will be needed. Task 4: Documentation of Historic Structures, Archaeological Sites and Isolates Up to one Archaeological Site Inventory form and one Historic Property Inventory form (HPI) will be completed under this scope of work. The archaeological site form will be completed under direction of the Principal Investigator. Any HPI would be completed Drafts of any inventory forms will be posted to WISAARD for review by RCO and the City. Upon receiving comments from the City and RCO, Anchor QEA will update and submit the forms for . 3. Assumptions The park, existing light standards, and extant park features are less than 45 years in age and do not require preparation of an HPI. Survey Area will cover a corridor that is 50 feet wide and centered on the light standards and proposed electric lines. Intensive evaluation or delineation of archaeological sites or historic build environment will not be completed under this scope of work. Access to all areas of the Project will be granted by the City. February 28, 2024 Cultural Resources Assessment: Crystal Springs Park Lighting Improvements Page 3 Existing utilities, including electrical lines to the existing lighting standards, will be marked by the City. 4. Budget The total budget for all tasks is outlined in Table 1 for labor (hours and costs) and Other Direct Costs (mileage at 0.655/mile). The total proposed fee, inclusive of time and expenses, is $23,891. Table 1 Proposed Budget Technical Principal Principal Architectural Geospatial Editor/ in Charge Investigator Historian Analyst Admin Total Direct Total Task $305 $238 $269 $168 $139/ $128 Hours Costs Budget -- 4 -- 2 -- 6 $16 $1,304 1 -- 36 8 -- -- 44 $131 $10,851 2 4 16 4 6 6 36 $7,924 3 -- 5 6 6 -- 17 $3,812 4 4 61 18 14 6 103 Hours $1,220 $14,518 $4,842 $2,352 $812 $147 $23,891 Budget 5. Schedule The cultural resources assessment will follow the schedule in Table 2 below: Table 2 Proposed Schedule Due Date Deliverable Item Description (Whichever is later) Permits and utility Locates 4 weeks of NTP or April 12 Task 1 Cultural Resource Review and Investigation 5 weeks of NTP or April 19 Task 2 Technical report 7 weeks of NTP or May 3 Task 3 Documentation of Historic Structures, 7 weeks of NTP or May 3 Task 4 Archaeological Sites and Isolates Attachment A: Electrical Site Plan The contractor shall be paid monthly(if desiredby the contractor) orafterproject completionupon: 1.Acceptance of work by the Parks & Recreation Director and/or their designee and; 2.Receipt of requested deliverable The method of payment to the contractor shall be in the form of a check mailed via USPS and shall be issued only upon receipt of invoice from the contractor. Prior to contract execution, the contractor shall furnish a current and accurate W-9 for the purposeof the city providing prompt payment and accurate tax reporting. CA Revised May 2020 Page 1of 4