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HomeMy WebLinkAbout07-129 - Cascade Land Conservancy - Duwamish Riverbend Hill Site Development CONSULTANT AGREEMENT FOR SITE DEVELOPMENT AND CULTURAL HERITAGE INTERPRETIVE SERVICES Duwamish Riverbend Hill THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and CASCADE LAND CONSERVANCY, hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform SITE DEVELOPMENT AND CULTURAL HERITAGE INTERPRETATION services in connection with the project titled DUWAMISH RIVERBEND HILL. 2. Scope of Services. The Consultant agrees to perform the consulting services set forth in the Scope of Services (Exhibit A) 3. Time for Performance. Work under this contract shall commence upon the giving of 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 within one year from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $20,000.00 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 to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. l E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant 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 Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform acne of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant 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 Consultant. 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 Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 2 9. Independent Contractor. The Consultant and the City agree that the Consultant is an index pendent 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 shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, 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 shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a 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 to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, 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 so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to 3 recover its costs, including reasonable attorney's fees, incurred in such suit from the losing NAY. 4 16. Notices. Notices to the City of Tukwila shall be sent to the following address: CITY OF TUKWILA Attest/Authenticated: Jane City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Cascade Land Conservancy 615 2 Ave Suite 625 Seattle, WA 98104 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this 74 day of SCE 5 20 vy1 A vS.r By: Steven M. Mullet, Mayor Casey O'Connor Executive Vice Prestd n .14 Attl Cantu, CM`C, City Clerk CONSULTANT Printed Name: Title: Approved as to Form: Office of the City Attorney 5 CONSULTANT AGREEMENT FOR SITE DEVELOPMENT AND CULTURAL HERITAGE INTERPRETATION SERVICES Duwamish Riverbend Hill Exhibit A: Scone of Services L BACKGROUND AND CONTEXT In March 2004, the City of Tukwila "the City) acquired title to a 9 -acre undeveloped parcel on the Duwamish River known historically as Poverty Hill or the Duwamish RiverBend Hill "the Hill The property was acquired after four years of fundraising efforts and negotiations by Cascade Land Conservancy "CLC The City of Tukwila, King County, and Cascade Land Conservancy contributed funds toward the acquisition. The property, referred to in some accounts as Grandmother's Hill, consists of an unusual outcropping of bedrock rising above the Duwamish River, as well as 600 feet of river shoreline. Protection of this cultural landmark ensures that it is part of our landscape in the future, as one of the few regional "open space" preserves dedicated to the interpretation of indigenous heritage. CLC holds a permanent stewardship easement on the property, and will continue its lead role in project planning and funds development. Sound Transit is building a light rail lane adjacent to the Hill, and has entered into an agreement with the City of Tukwila to lease the flatlands portion of the Hill property for equipment and materials storage. The lease will expire in October of 2007. The net proceeds from the Sound Transit lease (a total of $233,000) are being used for site design, staffing for fundraising, volunteer management, and an initial phase of site development. II. PROPOSAL REGARDING PROJECT PHASES A. Phase I Development: Planning. Funds Development. and Site Development. Continuing work on Phase I shall be funded over a period of 6 months with the proceeds from the Sound Transit lease contract. 1. Implementation of Landscape Design and Site Plan a. The City shall hire a landscape architecture firm for providing detail associated with high priority elements in Phase I of the master plan, to include: i. Site Plan Detail 1. Roads, parking and entry engineering plan 2. Fences, gates and access structures plan 3. Interpretive structures as defined by Cultural Interpretation plan ii. Landscape architecture firm will conduct in -house or subcontract out: 1. Survey 2. Engineering 3 Construction documents 4. Permitting b. In order to complete Phase I, CLC shall assist the City by drafting a new scope of services for a landscape architecture firm with approval by the City of Tukwila Parks and Recreation Department Director "Director CLC will manage and coordinate the landscape architecture contract. 2. Cultural Interpretation Plan a. The City has hired PastForward, a cultural resources consultant to continue development on a Cultural Interpretation plan. PastForward has submitted a scope of services to the city in a separate document. The City shall be responsible for the payments related to this contract. CLC will manage and coordinate the cultural resources consultant contract. 3. Funds Development a. CLC and PastForward will co -lead in raising additional funds to complete Phase II and Phase III of the site development. i. CLC, in consultation with PastForward, will write a fundraising plan to help generate revenue to cover Phase II and Phase III of the project. ii. CLC and PastForward, with input from the Friends of the Hill, will apply for grants, write letters and provide site tours to achieve fundraising objectives, as specified in the Fundraising Plan. b. CLC and City of Tukwila will jointly determine the scope of work and application of funding for each grant, and administer the funds received accordingly. It is anticipated that some grants may be awarded to CLC, while others may be awarded to the City. c. The Consulting Fee paid to CLC and PastForward shall cover their staff time and efforts in developing the Fundraising Plan, applying for grants, letter writing, etc. However, if the City and CLC determine that outside fundraising consultants or staffing are necessary, the City shall pay those costs directly or reimburse CLC for them. 4. Initial Site Development a. Site development of the Hill area above Sound Transit leased lands, to include: i. Landscape invasive plant removal; ii. Revegetation of the Hill with native species; iii. Soils remediation where necessary; iv. Identification and protection of geologic features; v. Trail construction and enhancement, including slope stabilization and erosion control; and vi. Improvement of neighborhood entrance in NE corner. b. CLC shall assist the City by drafting a scope of work for approval by the Director. CLC will subcontract a portion of this work to Brooke Alford for aspects of the plant restoration and Stewart Weschler for a vegetation inventory as well as information on appropriate species to plant. CLC will manage all contractors on -site. III. PROJECT COORDINATION AND ROLES Site design and development will be conducted in collaboration between CLC, the City of Tukwila and Friends of the Hill volunteers. CLC staff will take the lead role in management of this process. 1. Phase I Planning, Funds Development, and Site Development o Roles and responsibilities are set forth above. 2. Sound Transit Coordination o The City of Tukwila will serve as the primary contact for coordination with Sound Transit and their contractors. 3. Volunteer Management o CLC will endeavor to involve local community members in as many landscape projects as appropriate. o CLC will facilitate at least one volunteer event per quarter. Exhibit A. Scope of Work for Consultant Agreement for Site Development and Cultural Heritage Interpretation Services Page 2 of 3 o CLC will facilitate involvement with local schools to conduct at least two service learning events per year. 4. Neighborhood Coordination Coordination between CLC and Friends of the Hill group o CLC staff will meet with Friends of the Hill group quarterly o CLC staff will meet with a Steering Committee comprised of Friends of Hill volunteers and Tukwila Parks at least quarterly o CLC will subcontract with Friends of the Hill on aspects of plant restoration 5. Tribal Coordination o CLC will maintain consistent relations with both the Muckleshoot and Duwamish Tribes in regard to project design and development. 6. Coordination between CLC and Tukwila Parks: o CLC will meet with the City of Tukwila Parks Director at least quarterly, and more often as necessary, to ensure coordination between CLC and Tukwila Parks. o CLC will meet with City of Tukwila representatives as invited or scheduled, including representatives from the Parks Commission, Community Affairs Committee of the Council, and the Tukwila City Council 7. Additional Work Upon written approval of the Director, CLC will provide additional services beyond the scope of services identified in this exhibit. W. COMPENSATION 1 Formatted: Centered The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Consulting Fee. The City agrees to pay the Consultant $2,500 per month for a period of eight (8) months commencing August 2007. The Consultant shall submit an invoice to the City, and provided that the City receives the invoice by the tenth of each month, the City shall pay the invoice by the end of the month. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all incidental materials, supplies, and equipment necessary to complete the consulting work. B. Expenses. The City agrees to reimburse the Consultant for extraordinary expenses with prior approval by the City. Examples include, but are not limited to, expenses related to volunteer work parties (hand tools, printing, and promotional /event materials) and special events. C. Other Contractors. As set forth in the Scope of Work (Exhibit A), the Consultant will assist the City in hiring other contractors and subcontractors; however, the City shall be ultimately responsible for those contracts and payment of those services. Exhibit A. Scope of Work for Consultant Agreement for Site Development and Cultural Heritage Interpretation Services Page 3 of 3