HomeMy WebLinkAboutITEM IV-AAGENDA BILL APPROVAL FORM
* SASH IIG'Ti
Agenda Subject: Date:
Resolution No. 4715 Auburn Environmental Park Wetlands Trail June 22, 2011
Boardwalk
Department: Attachments: Budget Impact: Planning and Development Resolution 4715 and Exhibit A: None- Project is budgeted under
Washington Conservation Project #C412A0
Cor s/S onsor Contract
Administrative Recommendation:
Planning and Community Development Committee recommend approval of Resolution No. 4715 to the City
Council.
Background Summary:
The City of Auburn proposes to construct the Auburn Environmental Park (AEP) Wetlands Trail Boardwalk as an
element of City project # C412A0, funded in part with a Washington Wildlife and Recreation Program Urban Wildlife Grant from the Washington State Recreation and Conservation Office.
The boardwalk trail is an
approximately 1,200-foot pedestrian trail through the AEP that will run between and connect West Main Street
with the AEP bird and wildlife viewing tower located on Western Avenue. The majority of the trail will consist of an
approximately 1,100-foot elevated wooden boardwalk that is designed to minimize impacts to AEP wetlands, and
will allow for year-round use of the trail, including the seasonal periods when water levels in the AEP wetlands are
elevated. The boardwalk is designed as a six foot wide, elevated wooden structure supported on pin pile foundations, with curbing on both sides, and guard rails in locations where the
boardwalk is more than 30 inches
above ground surface and/or where there are areas of seasonal standing water. The boardwalk project also
includes the planting of approximately 2,500 native trees and shrubs in seven planting zones covering
approximately 93,000 square feet along portions of the AEP bordering the east side of State Route 167 and the
north side of West Main Street.
For construction of the boardwalk trail, staff proposes to contract with the Washington Conservation Corps
(WCC). The WCC was established by the state legislature in 1983 to conserve, rehabilitate, and enhance the state's natural and environmental resources while providing educational opportunities
and meaningful work
experiences for young adults (ages 18 to 25). The WCC is administered by the Washington State Department of
Ecology, and has worked with local, state, and federal agencies to complete numerous restoration, recreation,
and stewardship projects across the state, including a number of elevated wooden bridges and boardwalks. WCC
currently has 180 Corps members working state-wide throughout the year, and is funded by sponsor organizations, state funding, and an AmeriCorps grant from the Corporation for National
and Community Service.
Resolution No. 4715 establishes the existence of a special market condition pursuant to the public works
competitive bidding exemptions in RCW 39.04.280, and authorizes the execution of an agreement between the
City of Auburn and WCC for construction of the boardwalk trail.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ®Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑Finance ®Parks
❑ Human Services ®Planning & CD ❑ Fire ®Planning
❑ Park Board ❑Public Works ®Legal ❑ Police ❑ Planning Comm. ❑ Other ❑Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing I l
Referred to Until I l
Tabled Until I I
Councilmember: Norman Staff: AndersenlTruon
Meetin Date:: June 27, 2011 Item Number:
r.~ +~r F w~ g ~r y~,
ti t; r _ s, :
RESOLUTION N0.4 715
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, RELATED TO THE
AUBURN ENVIRONMENTAL PARK WETLANDS TRAIL
BOARDWALK PROJECT; PROVIDING FOR AN
EXCEPTION TO COMPETITIVE BIDDING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY WASHINGTON
CONSERVATION CORPS
WHEREAS, the Auburn Environmental Park ("AEP") is an innovative project that
seeks to create a regionally significant open space in an urbanized area that offers
opportunities for wetland ecosystem restoration, fish and wildlife enhancement, water
quality improvement, economic development, stormwater detention and flood control,
public education, and recreation; and
WHEREAS, as part of its ongoing management of the AEP the City proposes to
construct a boardwalk in order allow greater access through the AEP while protecting
and preserving its natural functions (the "Boardwalk Project"}; and
WHEREAS, as they have in the past, several local community and service
organizations have expressed interest in contributing funds, materials, and labor to this
project as a community or service project; and
WHEREAS, the Washington State Department of Ecology's Washington
Conservation Corps ("Corps") is organized under the provisions of chapter 43.220 RCW
to provide a program that enables youth to learn the values of hard work, public
spiritedness, group achievement and cooperation, resource conservation, and
environmental appreciation by working on public works projects related to natural,
historic, environmental, and recreational resources; and
Resolution No. 4715 June 15, 2011
Page 1
WHEREAS, the work that would be involved in connection with Auburn
Environmental Park Wetlands Trail Boardwalk Project is the specific type of work that
the Corps was set up to provide, in that it will addresses statewide priorities by
enhancing natural resources, creating recreational trails, and making outdoor resources
available for public enjoyment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1 . The City Council of the City of Auburn finds as follows:
.The unique community, recreation, and educational nature of the AEP lends
itself to joint public-private projects that enhance the accessibility of the AEP while
creating a sense of community ownership in the AEP; and
2. The Corps' mission complements the purpose and goals of the AEP, in that
they both enhance the public's access to environmental resources, and working
together on the Boardwalk Project will benefit both the Corps and the City; and
3. Allowing community organizations to participate in the Boardwalk Project
through donations of money, materials, and labor will enhance the AEP's status as a
community asset.
Section 2. The City Council concludes that the findings adopted in Section 1
create a special market condition justifying awarding project contracts for labor and/or
materials without competitive selection.
Section 3. The Mayor of the City of Auburn and the Auburn City Clerk are hereby
authorized to execute an Agreement between the City of Auburn and the Washington
State Department of Ecology Washington Conservation Corps for construction of the
Auburn Environmental Park Wetlands Trail Boardwalk Project in an amount not to
exceed Forty-Five Thousand Dollars ($45,000.00}, which agreement shall be in
Resolution No. 4715 June 15, 2011
Page 2
substantial conformity with the Agreement a copy of which is attached hereto, marked
as Exhibit "A"and incorporated herein by this reference.
Section 4. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 5. This resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of , 2011.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4715 June 15, 2011
Page 3
EXHIBIT "A"
VVCC AGREEMENT N0.
~`~i'~T~l~T~ ~ ~u~ ~
THIS CONTRACT made by and between the State of Washington Department of Ecology Conservation Corps, hereinafter
referred to as the "DEPARTMENT," and that entity whose name appears in item 1, below, hereinafter referred to as the
"SPONSOR."
1.SPONSOR: City of Auburn 2. CONTACTS
3. ADDRESS: 25 West Main St. DEPT. PROJECT LEADER Nicholas Mott 360 407-6946
Auburn, WA 98001 SPONSOR CONTACT Chris Andersen Environmental M r. 253 876-1962
CREW SUPERVISOR
OTHER
SPONSOR FISCAL OFFICER Shelle Coleman Finance Director 253 804-5019
4. PROJECT TITLE/DESCRIPTION: Auburn Environmental Park Wetlands Trail Boardwalk
5. PROJECT LOCATION: 413 Western Avenue NW, Auburn, WA
6. SCOPE OF WORK: SEE ATTACHMENT `A'
PERIOD OF PERFORMANCE:
CONTRACT BEGINS: ~Uly 15, 2011 CONTRACT ENDS: October 31, 2011
8. MAXIMUM BUDGET REIMBURSED
to DEPARTMENT by Sponsor
Provided by DEPARTMENT Cost Provided by SPONSOR/DONATIONS COST
WCC Crew $ 45,000
Total DEPARTMENT Cost $ Total SPONSOR COST $ 4 5, 0 0 0
TOTAL Above cost
Not to be
Exceeded
10. Special Terms and Conditions
❑ No 0 Yes (See VII.)
11. Biennial Closures: In accordance with biennial closing procedures, the sponsor must reimburse REMARKS
the DEPARTMENT no later than dune 30, 2~2_fCLSPrvi rpc nr material supplied under this contract when submitted for payment on properly itemized vouchers (Form A-19).
AFRS ACCOUNT CODE
TRANS APPN PROG PROJECT SUB PROD ORG CO. OBJ SUB AMOUNT CODE FUND INDEX INDEX PROD PHAS INDEX OBJ
Page 1 of 5 (excluding Figures)
IN CONSIDERATION OF THE GENERAL TERMS AND CONDITIONS OF THIS CONTRACT, THE PARTIES AGREE AS FOLLOWS:
I. All rights and obligations of the parties to this contract shall be subject to and governed by those General Terms and Conditions contained in
the text of this contract instrument and Section XVII.'SPECIAL TERMS AND CONDITIONS."
II. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable
Federal & State Statutes & Regulations, (b) Special Terms and Conditions, and (c) General Terms and
Conditions.
III. This contract and its appendices, if any, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or
otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto.
IV. This contract shall be subject to the written approval of the authorized representative of the DEPARTMENT and shall not be binding until so
approved. Only the authorized representative by writing (delegation to be made prior to action) shall have the expressed, implied, or apparent
authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this
contract is not effective or binding unless made in writing and signed by the authorized
representative.
V. AUTHORITY AND PURPOSE:
A. Authority
The Legislature enacted Chapter 43.220 RCW which created the Washington Conservation Corps, hereinafter referred to as the "WCC,"
and named the DEPARTMENT as one of six state agencies having implementation authority.
B. Purpose
The purpose of this contract is to establish a formal understanding between the DEPARTMENT and the SPONSOR to accomplish the project described in Section "SCOPE OF WORK."
This contract is designed to specify the kinds and amounts of goods and services to be used and/or exchanged by the DEPARTMENT and the SPONSOR to their mutual benefit through a WCC project.
The SPONSOR acknowledges that participation in the WCC program shall not result in the displacement of currently employed workers,
including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits, nor in the impairment of existing contracts for services.
VI. DEFINITIONS:
A. "SPONSOR Contact" shall mean the person who serves as the SPONSOR's lead on the project and shall cooperate with all parties
concerned to promote successful completion of the project described in Section 'SCOPE OF WORK.'
B. "SPONSOR Work Director" shall mean the person who specifies work to be performed onsite; outlines, describes, and delegates work to
be accomplished; supplies necessary orientation and training for use of special equipment and procedures; and is responsible for directing WCC crew supervisor(s) regarding specific project
tasks as described in Section "SCOPE OF WORK."
C. "DEPARTMENT Project Leader' shall mean the person who is responsible for developing and facilitating the project and shall serve as liaison between the DEPARTMENT and SPONSOR. PROJECT
LEADER assumes ultimate responsibility to ensure adequate
coordination of the project.
D. "Corps Member" shall mean an individual enrolled in the WCC program. Corps members shall not be considered regular state employees. Provisions of law relating to civil service, hours
of work, rate of compensation, sick leave, unemployment compensation, state retirement
plans, and vacation leave do not apply to the Corps members. However, medical aid and state industrial insurance will be provided by the
DEPARTMENT for each Corps member.
E. "Crew Supervisor" shall mean the person who is responsible for matters relating to personnel administration and overall project direction.
He/she supervises Corps members (generally four or more) regarding work to be accomplished and is responsible for individual crew safety, daily crew supervision and discipline, completes
Corps member training plans, and provides a written evaluation of each Corps
member's job performance and skills acquired after two months and at termination of employment.
VII. SCOPE OF WORK:
Both parties agree to compete in a satisfactory and proper manner the services described under the Section "SCOPE OF WORK" of this
contract, and to provide materials and supplies necessary to ensure satisfactory completion of the project, including any special equipment required by special work conditions, and to
procure any necessary permits such as right of entry. The DEPARTMENT agrees
to provide Corps members who will be used to complete said work. All equipment provided by either the DEPARTMENT or the
SPONSOR shall be returned to the provider within fifteen (15) days after termination of this contract, unless otherwise specified in Section XVII, "SPECIAL TERMS AND CONDITIONS."
Page 2 of 5 (excluding Figures)
VIII. PERFORMANCE:
A. Time for Performance: Any work performed prior to the effective date of this SPONSOR CONTRACT, or continuing after the completion
date of same, unless otherwise agreed upon in writing herein, will be in violation of this contract and will be at the SPONSOR's expense.
B. Compliance With All Laws: The SPONSOR agrees to observe all federal and state laws, regulations, and policies affecting performance
under this contract.
C. Release of Information or Materials: The SPONSOR will not release any information or materials developed pursuant to this contract
without prior written authority from the DEPARTMENT.
D. Final Report Evaluation: Within 15 days after termination of this contract, the SPONSOR shall provide the DEPARTMENT with a written
evaluation of the project. At a minimum, the following shall be evaluated:
1. Benefit to Corps members 4. Whether the overall goals and objectives of the project were obtained
2. Environmental benefits 5. Suggestions for program improvement
3. Department cooperation/coordination 6. Revised estimates of alternate supplier cost and SPONSOR cost/donation
IX. TERMINATION OF CONTRACT:
A. Termination by SPONSOR for Cause: If the DEPARTMENT fails to fulfill in a timely and proper manner its obligations under this contract,
or if DEPARTMENT shall violate any of the covenants, agreements, assurances, or stipulations of the contract, SPONSOR shall have the
right to terminate this contract by giving written notice specifying the effective termination date to the DEPARTMENT at least seven days before such date.
B. Termination by DEPARTMENT for Cause: If SPONSOR fails to fulfill in a timely and proper manner its obligations under this contract, or if SPONSOR shall violate any of the covenants,
agreements, assurances, or stipulations of the contract, DEPARTMENT shall have the
right to terminate this contract by giving written notice specifying the effective termination date to the SPONSOR at least seven days
before such date.
C. Termination by DEPARTMENT for Convenience: The DEPARTMENT may terminate this contract by giving written notice to SPONSOR of
such termination and specifying the effective date thereof at least ten (10) days before the effective date of such termination. In that event, all finished or unfinished documents and
other materials as described above shall be delivered to DEPARTMENT for its review. After the
review at the option of DEPARTMENT such documents or material or portions thereof shall become its property.
D. Insufficient Funding: In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the after the effective date of this contract and
prior to normal completion, the DEPARTMENT may terminate the contract under Section IX.C
"Termination by DEPARTMENT for Convenience" clause, subject to renegotiation under those new funding limitations and conditions.
X. LIABILITY:
A. When direct supervision is provided by the DEPARTMENT employed crew supervisor, the DEPARTMENT agrees that WCC members working under this contract are agents of the DEPARTMENT, and
therefore the DEPARTMENT shall be liable for personal injury or
property damage caused by WCC Corps member negligence.
B. When direct supervision is provided by the SPONSOR, the SPONSOR agrees that WCC Corps members working under this contract are
agents of the SPONSOR, and therefore the SPONSOR shall be liable for personal injury or property damage caused by WCC Corps
member negligence.
C. To the extent that the Constitution and laws of the State of Washington permit, all parties to this contract shall be responsible for damage
to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers. None of the parties
assume any responsibility to the other parties for the consequences of any act or omission of any person, firm, or corporation not a party to this contract.
XI. NON-DISCRIMINATION:
The DEPARTMENT and the SPONSOR agree to be bound by all federal and state laws, regulations, and policies against discrimination and
agree not to discriminate in employment, either directly or indirectly, because of a person's age, sex, sexual orientation, marital status, creed, color, national origin, or the presence
of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification.
Page 3 of 5 (excluding Figures)
XII. DISPUTES:
Except as otherwise provided in this contract, when a bona fide dispute arises between the DEPARTMENT and the SPONSOR and it cannot be resolved, either party may request a dispute resolution
with the DEPARTMENT The parties agree that this dispute resolution process shall
precede any action in a judicial tribunal. Either party's request for a dispute resolution must:
A. be in writing;
B. state the disputed issues;
C. state the relative positions of the parties; D. state the SPONSOR's name, address, and WCC Agreement number;
E. be mailed to the DEPARTMENT within thirty (30) days after the party could reasonably be expected to have knowledge of the issue(s)
which are now in dispute.
XIII. INVOICE VOUCHERS:
Reimbursable expenditures under the terms and conditions of this contract shall in no event exceed the amount set forth herein. The
SPONSOR shall reimburse the DEPARTMENT for services performed when submitted on a properly itemized voucher (Form A-19) in
accordance with Section 9. "MAXIMUM BUDGET' Reimbursement shall be made by the SPONSOR within thirty (30) days of receipt of said voucher.
XIV.AMENDMENTS:
Changes in the scope of this contract which cause an increase or decrease in the cost of, or the time required for the performance of any
part of the scope of work under this contract, shall be accomplished by written amendment and executed by both parties prior to implementation.
XV. SUBCONTRACTS:
The SPONSOR shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written
approval of the DEPARTMENT'S PROJECT LEADER.
XVI. RECORDS RETENTION:
Both parties shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and
properly reflect all direct and indirect costs of any nature expended in the performance of the SPONSOR CONTRACT These records shall
be subject at all reasonable times to inspection, review, or audit by duly authorized personnel for six years after the contract end date.
XVII. SPECIAL TERMS AND CONDITIONS:
Special terms and conditions of this contract contained in the box below are made a part of this contract (requires initials).
Department Sponsor
Attachment'A' Scope of Services.
XVII. ENTIRE CONTRACT:
This document contains the entire and integrated contract between the parties, and no statement, promise, inducement or agreement
made by the DEPARTMENT or its agents or employees that are not contained in this written contract shall be valid or binding. No
alteration, addition, or modification of any of the terms or conditions of this contract shall be effective if not in writing and signed by the authorized representatives of the SPONSOR
and the DEPARTMENT
SIGNATURES: SPONSOR DEPARTMENT
BY: BY:
TITLE: Mayor, City of Auburn TITLE: Field Operations Coordinator
DATE: DATE: Pre-Approved as to form by the Assistant Attorney General
Ecology is an Equal Opportunity and Affirmative action employer. For special accommodation needs, contact the Washington Conservation Corps at (206) 407-6947.
The TDD number is (206) 407-6006.
Page 4 of 5 (excluding Figures)
ATTACHMENT `A'
Scope of Services
In the event of a conflict between the provisions of Attachment `A' and other portions of this contract, the provisions of this Attachment `A' shall
control.
1. The contract is for services for an amount not to exceed $45,000.00. Services will be paid at a rate of $3,500 per crew per week.
2. DEPARTMENT shall construct a pedestrian trail and elevated boardwalk per attached plan set [Figure A: Auburn Environmental Park -
Boardwalk by AHBL lnc. (Daniel E. Wojtala), April 25, 2011] including all related components such as, but not limited to gravel ramp,
concrete headwall, concrete pad, bollards, and viewing platforms, but not including the two entry signs (sheet L1.04, Detail 1) and native planting work shown on sheet L2.01 (Planting
Plan).
3. DEPARTMENT shall provide all necessary transportation, tools, equipment, and general training to perform work as specified in this
contract.
4. SPONSOR shall provide all materials specified in the material list (Figure B), but not including the two entry signs (sheet L1.04, Detail
1) and the native planting materials shown on sheet L2.01 (Planting Plan)
5. DEPARTMENT and SPONSOR will not be using each others equipment, unless consent by both parties.
6. DEPARTMENT shall complete the work as specified in this contract by the end of the period of performance (page 1).
SPONSOR to obtain all necessary development permits and rights of entry to construct trail and boardwalk in accordance with Figure
A.
8. SPONSOR shall not provide direct supervision. However, Sponsor's architect/engineer may provide technical guidance, such as
answering questions regarding interpretation of plans. This technical guidance shall not be considered as "direct supervision of the
work" as set forth in Section X, and shall not affect the parties' respective liability as set forth in Section X of this Agreement.
9. SPONSOR will not release any information or materials developed pursuant to this contract without prior written authority from the
DEPARTMENT, except as required bylaw.
10. Typically crew weeks are Monday -Thursday 7:OOam - 4:OOpm. Alternative work schedules may be coordinated if necessary.
11. DEPARTMENT and SPONSOR shall attend a site orientation/pre-construction meeting one week prior to the start of construction.
12. DEPARTMENT shall provide SPONSOR no less than 4 weeks notice for crew scheduling to allow for SPONSOR sufficient time to procure any materials needed.
13. DEPARTMENT shall obtained an Auburn Business License and L&I Registration prior to the start of construction.
Page 5 of 5 (excluding Figures)