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HomeMy WebLinkAbout25-252 - Contract - EarthCorps - Restoration Work: S 116th St ParcelContract Number: 25-252 Council Approval N/A 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 EarthCorps, hereinafter referred to as "the Contractor," whose principal office is located at 6310 NE 74th St, Suite 201 E. 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. Scone 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 A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $27,516.45 at a rate described by the Budget Break Down contained within Exhibit A. 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 Aareement. This Agreement shall be in full force and effect for a period commencing September 1, 2025, and ending December 31, 2026, 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 defend, indemnify and hold the Public Entity, 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 Public Entity. CA Revised May 2020 Page 1 of 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 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: 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 liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $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 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 CA Revised May 2020 Page 2 of 4 of not less than A: VII. E. 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. F. Subcontractors. 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 Entity is an additional insured on each and every Subcontractor's Commercial General liability 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. G. 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. H. 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 Keepina and Reportina. 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. 12. Assianment 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 Aareement: 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. CA Revised May 2020 Page 3 of 4 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 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. Annlicable 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 18th day of August, 2025. CITY OF TUKWILA [Ei�E t,bwtaS EE2�3�6s4sBzl�i ... Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: 717 7rB9T4�4E ... Andy Youn-Barnett, City Clerk APPROVED AS TO FORM: Signed by: Office of the City Attorney CONTRACTOR: Signed by: By: E Printed Name -.Christine Tang Title: Executive Director, EarthCorps Address: 6310 NE 74th Street Suite 201 ESeattle, WA 98115 2062092587 CA Revised May 2020 Page 4 of 4 EXHIBIT A City of Tukwila —116th St Park June 2025 Prepared for: Matthew Austin City of Tukwila Parks and Maintenance Supervisor Mathew.Austin@TukwilaWA.gov Prepared by: Whitney Bowman EarthCorps Conservation Director 6310 NE 74th St, Suite 201E Seattle, WA 98115 www.earthcorps.org EarthCorps © 2025 Proposed Approach and Budget Project Overview EarthCorps will collaborate with the City of Tukwila on ongoing riparian restoration efforts along the Duwamish River. Our project will focus on initial restoration activities at the new 116th st parcel, owned by the City of Tukwila, specifically along Duwamish River Mile 7. This site presents an opportunity for high-quality salmon habitat restoration. Work at this site will build on the extensive restoration efforts that trained EarthCorps crews have already completed along this section of the river, some of which have been funded through the Green Grant program and the King County Parks Open Space grant program. Restoration activities will include managing vegetation according to best management practices. This will involve manual, mechanical, and chemical control as part of an Integrated Pest Management (IPM) plan, along with the installation of native plants including roughly 50 trees. Detailed Approach Objective 1: Phase 1 Initial Restoration • Vegetation management/control o Control aggressive invasive species utilizing mechanical, chemical and manual control techniques. Priority target will be tree and shrub preservation by control of invasive and noxious weeds Objective 2 Native plant installation • Install native plants throughout the —38,000 square foot restoration area o Plant species will support the reference the dry-mesic conifer deciduous mixed forest suitable for riparian habitats such as: ■ About 50 Trees: Douglas Fir (Pseudotsuga menziesii), Grand Fir (Abies grandis), Western Red Cedar (Thuja plicata), Oregon White Oak (Quercus Garryana) Hemlock (Tsuga heterophylla) and Bigleaf Maple (Acer macrophyllum). About 450 Shrubs: Dwarf Oregon Grape (Mahonia aquifolium), Salal (Gaultherin shallon), Snowberry (Symphoricarpos albus), Thimbleberry (Rubus parviflorus), Red flowering current (Ribes sanguineum), Ocean Spray (Holodiscus discolor), and vine maple (Acer circinatum) About 100 Herbaceous/ground cover: Sword fern (Polystichum munitum), bracken fern (Pteridium aquilinum), Kinnikinnick (Arctostaphylos uva-ursi), trailing blackberry (Rubus ursinus) o Native plants with similar growth and structure may be substituted based on cost and availability. o Mulch will be added to areas of bare ground or around installed plants as deemed necessary. Objective 3 Maintenance and Monitoring Plan o EarthCorps will maintain the restoration area through continued vegetation management and native plant support as needed through the end of 2030 in accordance with the required five-year maintenance and monitoring plan. ■ Native plant support can include the removal of invasive regrowth and replanting of native plants as required to account for mortality. o Monitoring will occur once in 2025 post planting and quarterly in 2026-2030. ■ The first monitoring report will be an as -built report created to document achieved stewardship and planting activities following initial restoration efforts in 2025. The report will include: • (1) Estimates of non-native species removed (square feet). • (2) Inventory of all planted native plants by species. • (3) Maintenance recommendations for the 2026 growing season. • (4) Performance Standard targets for native plant survival (%) and invasive species cover (%) (see proposed metrics below). ■ Quarterly monitoring will occur in 2026-2030 documenting (years 1-5): • (1) Locations and extents of target non-native plant species. • (2) Estimates of native plant survival. • (3) Recommended maintenance activities to ensure Performance Standards are on target to be met. • Cost estimates for EarthCorps crews to perform these recommendations. ■ Quarterly Monitoring Report briefs will be prepared beginning in Q1 of 2026 documenting the results of the quarterly monitoring visits and recommendations for any necessary mitigation measures needed to meet the Performance Standards (see below). • Reports will be provided to the City within one month of the closing of each quarter (Q1 report will be provided by the end of April, etc.). • Invasive plant mitigation will occur during the growing season (generally Mar -Oct) or as necessary to control target species. • Infill planting (as needed) will occur during winter months (generally Oct -Feb). o Performance Standards: ■ (1) Native plant cover and survival: • (A) 80% of all planted species will be surviving by the end of 3 years. • (B) Native tree and shrub cover will be greater than 50% after 3 years across the entire site. Non-invasive native volunteer species can be included in the overall percent cover estimates. • (C) Percent of bare ground will not exceed 15% at any time after completion of planting during the three-year period. (2) Invasive plant reduction • (A) Non-native target invasive plant species will not make up more than 10% cover in any growing season. o Target invasive plant species will include any species listed as Noxious according to the King County Noxious Weed Control Board and will include Class A, B, and C listed weeds and all weeds listed as "Non-regulated noxious weeds". Weeds listed as "weeds of concern" will be targeted for control but will not be counted towards Performance Standard targeted goals. Proposed monitoring and maintenance fee schedule: o This contract will cover all expenses for EarthCorps to perform Objectives 1 (initial restoration) and 2 (native plant installation) and Objective 3 through the end of Year 1 monitoring and all monitoring tasks through the end of year 5. Maintenance and infill planting costs for years 2-5 will be determined during quarterly monitoring visits and agreed upon with the City before implementation. Additional costs outside of this contract could include ongoing maintenance and native plant replacement during years 2-5 as determined through quarterly monitoring as necessary to meet specified performance standards. Costs are not expected to exceed $3,500 per calendar year. o If quarterly monitoring indicates that performance standards may not be met, the following mitigation responses will be implemented following approval by the City. ■ 1A. Additional native plants will be installed in the fall of the calendar year that quarterly monitoring suggests that planted material mortality exceeds 80%. • Plant species will be determined on species with high survival rates or similar adapted species ■ 1B. Beginning in year 3, additional native plants will be installed in the fall of the calendar year that quarterly monitoring suggests that overall native cover will not reach 50% by the end of the 5 year monitoring period. • Plant species will be determined on species with high survival rates or similar adapted species ■ 1C. Mulch or other erosion control will be added before fall to any area of bare ground cumulatively exceeding 15% of the site until native tree and shrub cover has adequately been established. ■ 2A. Targeted invasive species control will be performed during seasonally appropriate times of year if monitoring suggests that invasive plant species will exceed 10% of the total site in any given year. EarthCorps will provide for the following: Initial C'r o An assigned project manager to coordinate with the City of Tukwila to schedule events and crew days to ensure project goals/objectives are met o Basic hand tools along with access to power tools (such as brush cutters) and herbicide equipment o Transportation to and from the worksite o Personal Protective Equipment and procedures for the use of tools, equipment, and herbicide o Washington state licensed herbicide application onsite as needed o Workers' compensation, and health insurance o Administrative payroll and human resources The City of Tukwila will provide the following DS o Access to the site o Any necessary permits to conduct work Estimated Timeline Site Stewardship 2025 Summer Objective 1: Initial 2 days Restoration 2025 Fall Objective 2: 3 days Tree and Shrub Planting planting 2026 Quarterly Objective 3: 4 occurrences Conducted by porject Maintenance coordinator 2026 Quarterly Objective 3: 4 occurrences Conducted by porject Monitoring coordinator Monitoring 2026-2030 Site Monitoring Quarterly Monitoring Report Quarterly (one 2026-2030 month after end of Brief quarter) 2026 Year 1 Report Due Q 1 4/30/2026 Q2 7/31/2026 Q3 10/31/2026 Q4 1/31/2027 Repeats through years 2-5 Budget Break Down: Crew Labor days 5 10,950,00 Project Management hrs 43 $ 65,020,00 Field Specialist hrs 40 $ 3,.400.00 Volunteer Services $ Materials $ 3,370.00 " Subtotal $ 24,240.00 Materials & Handling Fee (10% of Total Materiais) $ 38TOO TOTAL FEE $ 24.;527.00 Tukwila Tax 102% $ 2,511.95 TOTAL PAYABLE Is 27,516.45 Organizational Profile EarthCorps Background EarthCorps is a non-profit organization founded in 1993 with a mission to develop leaders to strengthen community and restore the health of our environment. EarthCorps provides a year-long intensive program for young adults from the US and 80 other countries to learn best practices in community-based environmental restoration and develop their leadership skills as they supervise 10,000 volunteers each year. Local Restoration EarthCorps' core expertise is community-based environmental restoration. We regard restoration as a process of reestablishing healthy habitat: returning a polluted or degraded environment as closely as possible to a thriving, self-sustaining ecosystem. As restoration practitioners, our goal is to expedite natural processes in rebuilding a functioning natural ecosystem. Environmental service is a uniquely effective way to build community. When people put their hands into the dirt together and see their efforts transform a threatened area into a more vibrant landscape, they forge a special bond, empowering themselves and their community. Fee Schedule: Crew day including crew leader & wsda pesticide licensed operator- $2,190.00/day An EarthCorps Crew Day is a 9 -hour day that includes load, unload, and transportation time to and from the worksite and tools needed to complete project tasks. In addition, crews are trained in trail construction and maintenance, erosion control and prevention, ecological restoration, and the safe operation of hand and power tools. An EarthCorps crew includes a trained crew leader who leads the crew and acts as an onsite communication liaison and is trained in specialized equipment and vehicle use, such as three -ton dump trucks. Project Manager - $140/hr An EarthCorps Project manager collaborates with agency partners to design ecological restoration and trail construction projects. They coordinate communication and logistics to ensure crews are equipped with the knowledge and skills to perform the requested tasks. In addition, they provide updates and project status reports. Lastly, they adaptively manage projects to ensure the project's goals and objectives meet the agency partner's satisfaction. Project Coordinator - $85/hr An EarthCorps project coordinator will assist in all coordinating of materials and project set up/clean up as well as provide infield services such as working alongside the crew and providing more guidance and leadership. 3- ton truck and 4 x 4 pickup truck fee- $115/day — billed upon use as needed Material cost, disposal fees and equipment rentals — billed upon receipt