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HomeMy WebLinkAbout000620 Original ContractSERVICE CONTRACT Feiro Service Contract, June 2013 PUBLIC EDUCATION AND OUTREACH SERVICES BY FEIRO MARINE LIFE CENTER THIS AGREEMENT is made and entered into this day of Jta a 2013, between the City of Port Angeles, a Municipal Corporation of the State of Washington (hereinafter called the "City and Feiro Marine Life Center, a 501 (c) (3) non profit corporation (hereinafter called "Feiro The City and Feiro, in consideration of the performance of the terms and conditions hereinafter mentioned, agree as follows: ARTICLE I CONTRACT DOCUMENTS The Contract consists of the attached Exhibit A Scope of Services, Exhibit B Agreed Pricing, Exhibit C Project Schedule and this Service Contract. All obligations of the City and Feiro are fully set forth and described herein. In the event of a discrepancy between any of the Contract Documents, as above defined, the City shall make written interpretation thereof, which interpretation shall govern. ARTICLE II SERVICES Feiro agrees to provide all labor, equipment, supplies and materials to provide public education and outreach on stormwater and Combined Sewer Overflow (CSO) reduction program as outlined in Exhibit A. ARTICLE III CONTRACT PRICE As complete and exclusive consideration for all services to be performed by Feiro, the City shall make payments to Feiro in accordance with Exhibit B, Proposed Pricing. Feiro agrees to provide all work and services for a total compensation not to exceed $9,271.69. No claims for additional compensation will be approved without written amendment to this Contract. Invoices on this amount may be submitted once per month, and will be paid based on the percentage of Contract completion. ARTICLE IV TERM This Contract shall become effective upon execution by both parties, and Page 1 of 5 City of Port Angeles Record #000620 continue to December 31, 2013, at which date the Agreement will terminate. ARTICLE V ASSIGNMENT Feiro shall arrange and pay for any and all transportation of school children through their appropriate school district transportation services. Except for transportation, Feiro shall not assign any of its responsibility under this Contract without the express written consent of the City. ARTICLE VI APPLICABLE LAW AND VENUE This Contract shall be governed by, and construed in accordance with, the applicable laws of the State of Washington. Any legal proceedings to determine the rights and obligations of the parties hereunder shall be brought and heard in Clallam County. ARTICLE VII INSURANCE REQUIREMENTS The Feiro shall procure and maintain for the duration of the Service Contract, 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 Feiro, their agents, representatives, employees or subcontractors. Failure by the Feiro to maintain the insurance as required shall constitute a material breach of contract upon which the City may, after giving five working days notice to the Feiro to correct the breach, immediately terminate the Service 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, off set against funds due the Feiro from the City. a. Minimum Scope of Insurance The Feiro shall obtain insurance of the types described below: Feiro Service Contract, June 2013 i. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Page 2 of 5 Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an 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 equivalent coverage. b. Minimum Amounts of Insurance The Feiro shall maintain the following insurance limits: c. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance. Feiro Service Contract, June 2013 i. Commercial General Liability insurance shall be written with limits no Tess than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products completed operations aggregate limit. i. The Feiro's insurance coverage shall be primary insurance as respect to the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be in excess of the Feiro's insurance and shall not contribute with it. ii. The Feiro's insurance shall not be cancelled or reduced as to coverage by either party, except after forty -five (45) days prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. e. Verification of Coverage The Feiro 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 Commercial General Liability insurance of the Feiro before commencement of the work. Page 3 of 5 The relation created by this Contract is that of owner independent contractor. Neither Feiro nor its employees are employees of the City and are not entitled to the benefits provided by the City to its employees. Feiro, as an independent contractor, has the authority to control and direct the performance within the scope of work. Feiro shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, worker's compensation, unemployment insurance, Social Security, and income tax. During the performance of this Contract, the parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: 2. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above stated minority status. In the event that any of the provisions of this Contract are violated by Feiro or by Feiro's subcontractors, the City may serve written notice of intention to terminate such Contract upon Feiro, which notice shall specify the reasons therefore. Unless within thirty (30) days after serving such notice upon Feiro such violation shall cease and an arrangement for the correction thereof satisfactory to the City be made, the Contract shall, upon the expiration of the said thirty (30) days, cease and terminate. In the event of any such termination, the City may purchase the materials necessary for complete performance of this Contract, and Feiro shall be liable to the City for any excess cost thereby. Feiro Service Contract, June 2013 ARTICLE VII INDEPENDENT CONTRACTOR STATUS ARTICLE VIII NONDISCRIMINATION The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. ARTICLE IX TERMINATION OF CONTRACT Page 4 of 5 ARTICLE XI WAIVER Waiver of any breach of any term or condition of this Contract shall not be deemed a waiver of any prior or subsequent breach, no term or condition of this Contract shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. FEIRO MARINE LIFE CENTER CITY OF PORT ANGELES By: flt)Mk I Title: Dated: e �f3 ATTEST: Feiro Service Contract, June 2013 Page 5 of 5 By: Director of Public Works nd Utilities Dated: —1( L n t 3 APPROVED AS FORM: William Bloor,ify Attorney ATTEST: Jare sa Hurd, City Clerk Scope of Services: Service Contract Exhibit A Public Education and Outreach Services By Feiro Marine Life Center TASK 1: Grade School Stormwater Education North Olympic Watershed (NOW) Science is an environmental education program that promotes locally relevant, systemic experiential learning in the k -12 environment. NOW Science recognizes that knowledge and commitment built from firsthand experience, especially in the context of one's community and culture, is essential for achieving environmental stewardship. Feiro strives to carefully select experiences engendering discovery and wonder, and nurturing a sense of community to connect students with their watershed, and help reinforce an ethic of responsible citizenship. NOW Science provides these opportunities for students of the Sequim, Port Angeles, and Crescent School District to become involved in local watershed issues by studying the Elwha Dam removal and restoration process, and Peabody Creek, in their own community. In fulfillment of the Service Contract for the City of Port Angeles, the Feiro Marine Life Center will: Provide a pre -visit to all 4th and 5 grade classrooms in the Port Angeles, Sequim and Port Angeles schools to outline and introduce watershed concepts. Create or use existing pre- and post- education evaluation tools or techniques to document and analyze students' behavior /knowledge change with respect to ocean literacy concepts, and watershed connections, including prior and post knowledge of stormwater. Measure the understanding and adoption of the targeted behaviors. Train staff or volunteer helpers for project. Cover transportation costs for schools included in project. Provide a hands -on, inquiry based, classroom, lab, and watershed educational opportunity for at least 1,000 4 and 5 grade students from Sequim, Port Angeles, Crescent Schools, and home school groups. Support groups interested in a spring clean -up of Peabody Creek. Promote behavior change in issues related to watershed health including, but not limited to, washing your car at a car wash or on the lawn, picking up after your pets, using lawn and garden fertilizers sparingly, and disposing of oils paints and other chemicals at a hazardous waste facility. TASK 2: Stormwater Education Raingarden Model Stormwater education will be enhanced using a Raingarden Demonstration Model created in a fish tank. Demonstration gardens of these types have proven very successful in both the classroom setting and for public outreach. The following is an excerpt of a sample model and the lesson: was constructed of a glass aquarium, divided in half lengthwise with plexiglass fastened in place with a silicon seal. '/z of the aquarium surface was capped with more plexiglass and painted black to emulate a road surface. The other half was planted with typical rain garden plants in a medium of compost and sand. Appropriate representative drains were fitted on both sides. The "rains" began and as expected, water came pouring out of the pipe leading from the catch basin on the road side of the apparatus almost immediately (and with it the pollution Nothing emerged from the rain garden side. It took two bottles, almost a gallon of water in total, for a slow trickle of water to emerge from the pipe draining the rain garden side of the apparatus This type of model and education program will be developed by Feiro summer interns and staff for demonstration use by the Feiro and the City. In fulfillment of the Service Contract for the City of Port Angeles, the Feiro Marine Life Center will: Design and build a model to demonstrate the effectiveness of a rain garden both for classroom use and City public education opportunities TASK 3: Combined Sewer Overflow (CSO) Education CSO discharges during heavy storms cause serious water pollution problems in the Port Angeles Harbor and to its nearshore environment. Pollutants from CSO discharges can include bacteria and other pathogens, toxic chemicals, and debris. These pollutants have harmful effects on the marine species living in the nearshore and in the Feiro Marine Life Center. These pollutants are also harmful to humans and often can cause the closure of beaches and Feiro "touch tanks" during the busy summer seasons. Feiro will provide educational opportunities to the general public, and to visitors to Feiro Marine Life Center, to help people understand the effects of a CSO event and how, when, why and what cities, and especially the City of Port Angeles, have done, and are doing to remedy the situation. In fulfillment of the Service Contract for the City of Port Angeles, the Feiro Marine Life Center will: Maintain web links to COPA's CSO site Have COPA CSO handouts available for visitors Provide general CSO update information to center visitors Update volunteers and staff regularly on progress of CSO efforts Design and build a model to demonstrate the CSOs before and after the CSO reduction project for classroom and public CSO education Attend and/or make available for other groups the CSO model for demonstration at festivals and fairs Promote behavior change in issues related to stormwater awareness including, but not limited to, washing your car at a car wash or on the lawn, picking up after your pets, using lawn and garden fertilizers sparingly, and disposing of oils paints and other chemicals at a hazardous waste facility Service Contract Exhibit B Public Education and Outreach Services By Feiro Marine Life Center Estimated Costs for Stormwater and CSO Education and Outreach: Task 1: Grade School Stormwater Education $3,677.94 program development, instructional material development, implementation, evaluation and final report 649.06 indirect costs $4,326.69 Task 2: Stormwater Education Raingarden Model $150.00 materials for rain garden model, including 2 tanks, pumps with shower fixture, sand and compost, gravel and plants $400.00 20 staff hours $20 /hr for model construction 82.50 indirect costs $632.50 Task 3: Combined Sewer Overflow (CSO) Education $1,000.00 time and materials for CSO model $2,000.00 100 staff hours @$20/hr for education/outreach 750.00 30 staff hours @$25 /hr for evaluation/administration 562.50 indirect costs $4,312.50 Total $9,271.69 Project Schedule: Task 3 Service Contract Exhibit C Public Education and Outreach Services By Feiro Marine Life Center Project Schedule: Task 1 North Olympic Watershed Science 5 Grade implemented and completed June 2013 5 grade evaluation and report to COPA by June 30, 2013 North Olympic Watershed Science 4 grade planning Year 5: September 2013 Schedule 4th grade students for fall 2013 North Olympic Watershed Science Pre field investigation visits (4 grade): Sept 15 Oct 15, 2013 Class visits to Feiro for field investigations (4 grade): Oct 1 Nov 20, 2013 Fifth year evaluation due to City of PA: November 2013 Project Schedule: Task 2 Rain garden model completed by mid summer for use in the classroom, lecture series and City community outreach events (Crab Fest, Clallam County Fair, etc.) Maintain web links to COPA's CSO site on -going Host lecture on CSO by COPA staff Fall 2013 COPA CSO handouts available for visitors on -going General CSO update information to center visitors daily Volunteer and staff updates semi monthly update at volunteer enrichment series CSO model completed by mid summer in preparation for the Clallam County Fair and Crab Fest. Promote behavior change in issues related to stormwater awareness and CSO to all visitors daily