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HomeMy WebLinkAboutContractCAG -15-173 2015 Agreement — Forterra Exhibit A Scope of Work LANDOWNER COLLABORATION FOR KNOTWEED CONTROL ALONG THE CEDAR RIVER THIS AGREEMENT is made as of the day of A 0Q U,Sd 2015, between the CITY OF RENTON, a non -charter code city under RCW 35A.02, and a municipal corporation of the State of Washington, hereinafter referred to as "RENTON", and FORTERRA NW, hereinafter referred to as "CONTRACTOR", to provide Knotweed Control and Plant Restoration Services along the Cedar River for public property located in Renton, Washington. RENTON and CONTRACTOR may be referred to as "Parties" in this Agreement. The Parties have negotiated and mutually agree to the following terms and conditions as set forth below: 1. Scope of Services. In exchange for the Contract Sum, CONTRACTOR shall provide all material and labor necessary to perform all required knotweed control and plant restoration services to City of Renton property described in the SCOPE OF WORK which is attached and fully incorporated into this AGREEMENT as EXHIBIT A. 2. Chanties in Scope of Services. RENTON, without invalidating this AGREEMENT, may order changes in the services described in Exhibit A consisting of additions, deletions or modifications, as long as any related additional expenses are added to the Contract Sum. Such service changes must be authorized by a written Change Order signed by the Parties. 3. Time of Performance. CONTRACTOR shall commence performance of this AGREEMENT no later than ten (10) calendar days after Agreement's final execution, and in full compliance with the times and schedules reflected in the SCOPE OF WORK. 4. Term of Contract. The term of this AGREEMENT shall be from the date of signing by RENTON through December 31, 2016. This AGREEMENT may be extended for additional periods of time only with the Parties prior mutual written consent. S. Contract Sum. In exchange for CONTRACTOR performing all of specified services provided in the SCOPE OF WORK, RENTON agrees to pay CONTRACTOR an amount not to exceed $138,132.50 over a two-year period between 2015 through 2016. 1 2015 Agreement — Forterra Exhibit A Scope of Work 6. Method of Payment. RENTON'S payment to CONTRACTOR will only be made after the services have been fully performed to RENTON'S satisfaction and a detailed voucher or invoice is submitted in the form specified by RENTON. Payment will be made on a monthly basis, within thirty (30) calendar days of receipt of such voucher or invoice. RENTON shall have the right to withhold payment to CONTRACTOR for any work not completed in a satisfactory manner and according to the King Conservation District Grant Agreement for Award until such time as CONTRACTOR modifies such work so that the same is satisfactory. 7. Prevailing Wages. In accordance with RCW 39.12, CONTRACTOR shall pay no less than the prevailing wage rate to all employees and the same shall apply to any and all sub -contractors. CONTRACTOR shall submit a "Statement of Intent to Pay Prevailing Wages" and an "Affidavit of Wages Paid" in compliance with RCW 39.12.040 (Prevailing rate to be paid on public works and under public building service maintenance contracts -- Posting of statement of intent — Exception). 8. Warranty. CONTRACTOR warrants for itself and all of its employees, and any sub- contractors, that they have the requisite training, skill, and experience necessary to provide the services specified in the SCOPE OF WORK and are appropriately accredited and licensed by all applicable agencies and governmental entities. 9. Independent Contractor. CONTRACTOR and RENTON agree that CONTRACTOR is an independent contractor with respect to this Agreement and any and all related SERVICE CHANGES. Neither CONTRACTOR nor any employee or sub -contractor of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this AGREEMENT. CONTRACTOR shall be responsible for paying all applicable taxes including income and business taxes. 10. Discrimination Prohibited. As a condition of participation in and payment for this AGREEMENT, CONTRACTOR shall not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. 11. Assignment and Subcontract. CONTRACTOR shall not assign or subcontract any portion of this Contract without express written consent of the City of Renton. 12. Record Keeping and Reporting. CONTRACTOR shall maintain accounts and records which properly and accurately reflect all direct and indirect costs expended and services provided in the performance of this AGREEMENT. CONTRACTOR agrees to provide access to any records required by RENTON. 13. Hold Harmless. CONTRACTOR shall indemnify, defend, and hold harmless RENTON, its agents, officers, officials, employees, representatives and volunteers from and against any and all claims, injuries, damages, losses, or suits including 2015 Agreement — Forterra Exhibit A Scope of Work attorneys' fees arising out of or in connection with the performance of this AGREEMENT, except for injuries and damages caused by the sole negligence of RENTON. Should a court of competent jurisdiction determine that this AGREEMENT is subject to RCW 4.24.115 (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate or relative to a motor carrier transportation contract), then, in the event of liability for damages arising out of the bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of CONTRACTOR and RENTON, its agents, officers, officials, employees, representatives and volunteers, CONTRACTOR'S liability hereunder shall be only to the extent of CONTRACTOR'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes CONTRACTOR'S waiver of immunity under Title 51 RCW, entitled Industrial Insurance, solely for the purposes of this indemnification. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY RENTON AND CONTRACTOR. The provisions of this section shall survive the expiration or termination of this AGREEMENT. 14. Termination. Prior to the expiration of the Term, this AGREEMENT may be terminated with cause by either party, subject to a 30 -calendar -day written notice of termination. The termination notice must specify the grievance and cause for termination and the grievance and cause must directly relate to a failure to meet specific contract provisions. Failure to terminate based on an actual grievance and cause shall constitute a breach of this AGREEMENT. In addition, a 30 -day written notice of termination by RENTON will be provided to CONTRACTOR if funding for the next year's contract is not available. If funding is not available, the termination of this AGREEMENT shall not constitute a breach. 15. Renton Business License. Prior to signing this AGREEMENT, CONTRACTOR agrees to apply for, obtain, and maintain a City of Renton Business License throughout the Term of this AGREEMENT. The license may be purchased from the Finance Department located in the City of Renton Municipal Building, 1055 South Grady Way, Renton, Washington. 16. Compliance with Laws. CONTRACTOR and all of CONTRACTOR'S agents, employees and sub -contractors shall perform the services in accordance with all applicable federal, state, county, and city laws, codes and ordinances. 17. Conflicts. In the event of any inconsistencies between CONTRACTOR proposals and this AGREEMENT, the AGREEMENT shall prevail. 2015 Agreement — Forterra Exhibit A Scope of Work 18. Insurance. CONTRACTOR shall secure and maintain the following insurance policies, and shall not cancel or suspend the insurance policies except upon forty- five (45) days (RCW 48.18.290, Cancellation by insurer) prior written notice by certified -mail to RENTON: a. Commercial General Liability Insurance: Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement. b. Workers' Compensation: Workers' compensation coverage, as required by the RCW 51, Industrial Insurance laws of the State of Washington. c. Renton as an Additional -Insured: It is agreed that on CONTRACTOR'S commercial general liability policy, the City of Renton will be named as an Additional -Insured on a primary and non-contributory basis.:. Any coverage maintained by RENTON is solely for the coverage and benefit of RENTON, and its elected officials, officers, agents, employees, representatives and volunteers. d. Verification of Coverage: Subject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this AGREEMENT. Review of Policy: Upon request, CONTRACTOR shall give RENTON a full copy of the insurance policy for its records and for the Renton City Attorney's or Risk Manager's review. Termination: Notwithstanding any other provision of this Agreement, the failure of CONTRACTOR to comply with the above provisions of this section shall subject this Agreement to immediate termination without notice to any person in order to protect the public interest. This AGREEMENT is entered into as of the day and year written above. 2015 Agreement — Forterra Exhibit A Scope of Work CITY OF RENTON 4LU4'�2 zat� Signature Denis Law, Mayor Printed 14&nland Title t ' st Jason Seth, City Clerk Printed Name and Title CONTRACTOR Signature Adam PrQja,,C✓, Printed Name and Title ��75r►� V Ob 5'*eWw.'i4fAi,; CeviSG+'✓,,�1h9 Forterra NW Business Name 9015 Avenue, Suite 2200 Mailing Address Seattle Washington 98164 City State Zip Code Telephone Email 2015 Agreement — Forterra Exhibit A Scope of Work EXHIBIT A SCOPE OF WORK LANDOWNER COLLABORATION FOR KNOTWEED CONTROL ALONG THE CEDAR RIVER CONTRACTOR shall perform all work under the Contract Agreement and according to the King Conservation District Grant Project Award (see attachment) approved by the King Conservation District Board on October 19, 2011 and amended on January 13, 2014. The following Scope of Work is based upon the attached worksheet. CONTRACTOR shall: 1. Collaborate with RENTON on the control of knotweed along the Cedar River for private and public lands. Control of knotweed on city -owned property means to monitor knotweed treatments performed by RENTON, provide reports of progress and survey knotweed control efforts. 2. Collaborate with RENTON on the plant types, species, and sizes to be planted. 3. Be responsible for landowner consultations and site visits and provide RENTON with a summary of results report of consultations and site visits. 4. Conduct knotweed surveys beginning in June of 2014 and follow-up survey following initial treatment on private and public property. Provide RENTON with the written results of all surveys in 2015 and 2016. 5. Treat knotweed along the Cedar River on private lands, beginning at RENTON city limits behind Ron Regis Park, 1501 Orcas Avenue SE to the 1-405 overpass adjacent to Cedar River Park at 1717 Maple Valley Highway. 6. Perform habitat planting enhancement projects at the rate of 400 plants per acre on: a. Private Property. Purchase and installation of 500 plants on 10 properties. b. Public Property. Purchase and installation of at least 10,400 trees, shrubs and herbaceous plants. 7. Organize and conduct volunteer restoration events for up to 300 volunteers along the Cedar River project area. Volunteer organization and participation shall comply with RENTON requirements for enlisting volunteers. 8. Conduct restoration site maintenance following planting along the Cedar River. 9. Perform knotweed location and survival surveys and mapping along the Cedar River project area during 2015 and 2016. Provide RENTON with all written or electronic files related to surveys as they are completed. 10. Provide a written report evaluating the project and its objectives to RENTON. RENTON shall: 1. Collaborate with CONTRACTOR on the control of knotweed along the Cedar River for private and public lands. 2. Assist CONTRACTOR with workshops, events, notifications and plant surveys. 3. Treat knotweed using chemical application methods on city -owned properties. 2015 Agreement — Forterra Exhibit A Scope of Work 4. Shall assist in the supervision of volunteer planting work parties where planting occurs on city -owned property. Payment: 1. Invoices shall be submitted to RENTON for processing and payment for completed work only. Payment made thirty days following receipt of invoice. 2. Invoices shall include detailed descriptions for each line item with state sales tax added separately to the total. 3. Invoices shall include the CONTRACTOR name, address, phone number and date submitted. 4. Invoices shall be labeled: "Landowner Collaboration for Knotweed Control along the Cedar River." Worksheet Landowner Collaboration for Control of Knotweed along the Cedar River Forterra - 2015 through 2016 Forterra Project Management & 2015-2016 Item Services Amount Description Notes Landowner Outreach & Education $15,000.00 Distribution of 75 landowner access permission letters Estimated 300 hours for 2015-2016 and waivers each year, landowner consultations and @$50/hr for 2015-2016 site visits, knotweed treatment and planting program i outreach Knotweed Survey and Treatment Data $17,100.00 GPS knotweed survey data collection on public and Estimated 342 hours @ $50/hr for Collection, Survey, GIS Mapping, and private property; site photos, data management, map 2015-2016 Reporting creation, summarized results built into reports and 2 delivered Knotweed Control on Private Property $15,600.00 Forterra WCC crew time for control of knotweed on 5 Estimated 13 crew days for 2015- 3 acres. 2016 @ $1200 /day Knotweed Control on Public Property Forterra WCC crew time for control of knotweed on Estimated 18 crew days for 2015 - City of Renton properties. Estimated 15 crew days for 2016. Add cw Of city GFews WRable 4 $21,600.00 2015 and 2016. eFfGFFA. Private Property Planting Design $3,500.00 Landowner meetings; design and plan creation; Q&A Estimated 10 properties at 7 hrs per 5 sessions property @$50/hr Private Property Planting $12,000.00 WCC crew time to complete 10 private property Estimated 10 crew days total 6 planting projects, start in 2016 Public Property Planting Design $3,200.00 Volunteer event planting plan creation for estimated 10 Estimated 64 hours for 2015-2016 events; plant orders built and submitted; deliveries @ $50/hr 7 scheduled Volunteer Events for Public Property $8,000.00 Volunteer recruitment and organization, event Estimated 160 hours for 2015-2016 Plantings management and execution for estimated 10 events @50/hr 8 Forterra WCC Crew Public Property $4,800.00 Forterra WCC crew time to install remaining plants on Estimated 4 crew days to install 9 IPlanting 1public property 3,000 plants @$1200/day Total $100,800.00 Worksheet Landowner Collaboration for Control of Knotweed along the Cedar River Forterra - 2015 through 2016 Forterra Travel/Mileage Amount Description Notes 10 Rental Truck $1,700.00 Includes: staff, tool and supplies transportation for volunteer events Estimated 10 events, $110/event 11 Travel to field $3,200.00 Includes: travel to meet with landowners, survey, outreach, Q&A sessions Totall $4,900.00 Equipment, and any necessary equipment replacement Forterra Materials Amount Description Notes Herbicide and Related Materials $1,500.00 Includes: purchase of chemicals for knotweed Estimated $500/year for 2015-2016 treatment, dye, surfactant, Personal Protective Equipment, and any necessary equipment replacement or maintenance costs over the duration of the project 12 Mulch and/or Soil $1,250.00 Includes: purchase and delivery of materials as needed for private property and public property planting 13 projects Private Property Plants $1,500.00 Includes: purchase and delivery of 500 plants 50 plants/property x $3.00/plant 14 Public Property Plants $28,182.50 Includes: purchase and delivery of 10,400 plants. Approximate distribution: 70% Trees, 10% Shrubs, 20% 15 live cuttings of willow and shrubs Total $32,432.50 16 Forterra Total $138,132.50