HomeMy WebLinkAbout07/01/2008 13 Environmental Services Agreement with the Watershed Company • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 13
For Meeting of July 1, 2008
ITEM TITLE: A Resolution authorizing the City Manager to execute an agreement with The
Watershed Company to conduct environmental services preceding a decision to
submit a Joint Aquatic Resources Permit Application (JARPA) for the pond at
Kiwanis Park
SUBMITTED BY: Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Chris Waarvick, 575 -6411
SUMMARY EXPLANATION:
In order to determine what may be in the best interest of the community with respect to future
amenities at Kiwanis Park, an environmental analysis, preceding a Joint Aquatic Resources Permit
Application (JARPA), regarding the Kiwanis Park Pond is necessary. A functional analysis and report
will create a mitigation plan if it is the desire of the Council and community to adjust or reduce the
dimensions the pond. Funds would need to be secured to implement the mitigation plan, in addition to
• building the new park amenities.
The Kiwanis Pond, approximately 2.5 acres, is located in the center of the park and affects the
potential to site four youth baseball and ladies fastpitch fields in Upper Kiwanis. This pond is a Class III
Wetland and as such any adjustment to size or function requires expert environmental review. If
Council approves the execution of the agreement, the consultant will ultimately prepare a report that
would be used to support a JARPA submitted to the appropriate state and federal agencies if the City
believed the cost of mitigation was proportional to the overall benefits. These agencies (U S Army
Corps of Engineers and Washington State Department of Ecology) would respond to the report and
mitigation plan.
The Watershed Company was selected after conducting three consultant interviews from the City's
qualified consultant roster. The total contracted amount will not exceed $6,200. •
Resolution X Ordinance _ Contract _ Other (Specify) Agreement
Contract Mail to (name and address):
Funding Source Parks and ation Budget
APPROVED FOR SUBMITTAL: b City Manager
STAFF RECOMMENDATION: To adopt the Resolution authorizing execution of the Professional
Services Agreement with The Watershed Company.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
• COUNCIL ACTION:
• RESOLUTION NO. R -2008-
A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of
Yakima to execute a Professional Services Agreement with The Watershed
Company to conduct environmental services preceding a decision to submit a
Joint Aquatic Resources Permit Application (JARPA) for the pond at Kiwanis
Park.
WHEREAS, planned projects for Upper Kiwanis are consistent with the goals and
objectives identified in the Parks and Recreation Comprehensive Plan project area; and
WHEREAS, limited resources have been identified allowing Upper Kiwanis
redevelopment to get underway for a neighborhood park thereby enabling potential development
of youth baseball and ladies fastpitch ballfields, a skatepark, new restroom and other recreational
use amenities at Upper Kiwanis Park; and
WHEREAS, a pond is located in the center of Upper Kiwanis Park and its approximately
2.5 acre size affects the potential to site future recreational amenities at Upper Kiwanis Park
project area; and
WHEREAS, a functional analysis and report will create a mitigation plan if the Council
• determines that it would be in the best interest of the community that the dimensions of the
Upper Kiwanis Park Pond need to be adjusted in size to site four youth baseball and ladies
fastpitch ballfields in Upper Kiwanis Park; and,
WHEREAS, a functional environmental analysis and a Wetland Study preceding a Joint
Aquatic Resources Permit Application (JARPA) is needed to assess solutions to any unforeseen
challenges associated with future placement of amenities at Kiwanis Park; and to determine what
would be in the best interest of the community,
WHEREAS, funds would need to be secured to implement a mitigation plan, in addition to
accommodating placement and building modern recreational amenities at Upper Kiwanis Park,
and
WHEREAS, The Watershed Company has the experience and, expertise necessary to
provide the required environmental services; and
WHEREAS, the City of Yakima considers it in the best interest of the City of Yakima to
authorize execution of the attached Professional Services Agreement with The Watershed
Company to perform a Wetland Study preceding a Joint Aquatic Resources Permit Application
(JARPA) for Kiwanis Park, now therefore,
ms/Resotution Prof Se:v Agrmt
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
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The City Manager and the City Clerk of the City of Yakima are hereby authorized and
directed to execute a Professional Services Agreement with The Watershed Company to perform a
Wetland Study preceding a Joint Aquatic Resources Permit Application (JARPA) for the pond at
Kiwanis Park.
ADOPTED BY THE CITY COUNCIL this day of July 2008.
ATTEST:
David Edler, Mayor
City Clerk
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ms /upperkiwanispark /Resolution Prof Sery Agrtnt
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement" is made
and entered into by and between the City of Yakima, a Washington municipal corporation
(hereinafter "City ") and The Watershed Company (hereinafter "Contractor ").
WHEREAS, the City of Yakima Public Works Department requires the assistance of
an Environmental Consultant to perform a wetland study preceding a Joint Aquatic Resource
Permit Application (JARPA) for Kiwanis Pond as needed.
WHEREAS, Contractor has the experience and expertise necessary to perform the
specialized services required by the Public Works Department.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Contractor as follows:
1. Scope of Services. Contractor shall conduct the following work:
a) Make one site visit to Kiwanis Park to delineate and rate the on -site wetland.
b) Prepare a sketch showing the approximate location of flags that you can
provide to your surveyors.
• c) Prepare a letter -style report that details the findings of our study and
summarizing the relevant local, state and federal regulatory implications.
d) Request a Jurisdictional Determination (JD) from the Corps of Engineers.
e) Create a conceptual mitigation plan, including landscape - drawings of the
mitigation concepts. (This line item assumes an appropriate mitigation site
has been identified and AutoCAD maps are available for the area. If the
necessary maps are not available, such concept plans may require additional
out of scope work such as delineation site visit plus surveying.)
f) Up to three hours of communication with the Corp, Ecology and /or City of
Yakima.
2. Term. This Agreement shall commence upon full execution hereof and shall
continue until terminated by either party in accordance with Section 22 of this Agreement or
until completion of services.
3. Consideration. As consideration for the services performed pursuant to this
Agreement, the City agrees to compensate Contractor at the rate of $6,200 as described in
Attachment "A." Attachment "A" is incorporated by reference into this Agreement. The
Contractor shall provide the City with an itemized invoice /billing no later than thirty (30)
calendar days after services are provided. The City shall make payment to the Contractor
within thirty (30) calendar days upon receipt of each invoice /billing. All payments are
expressly conditioned upon the Contractor providing services hereunder that are satisfactory
to the City.
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4. Independent Contractor Status of Contractor. Contractor and the City understand
and expressly agree that Contractor is an independent contractor in the performance of each
and every part of this Agreement. Contractor, as an independent contractor, assumes the
entire responsibility for carrying out and accomplishing the services required under this
Agreement free from supervision by the City over the methods and details of performance
except as provided herein. Additionally, and as an independent contractor, Contractor and
its employee(s) shall make no claim of City employment nor shall claim against the City any
related employment benefits, social security, and /or retirement benefits. Nothing contained
herein shall be interpreted as creating a relationship of servant, employee, partnership or
agency between Contractor or any officer, employee or agent of Contractor and the City.
5. Warranty. Contractor warrants that all services provided hereunder shall be
furnished in a manner consistent with industry standards and the level of professional skill
generally acceptable in the industry with regard to the services of this kind.
6. City Employees. Contractor shall not hire any employee of the City to perform any
services covered by this Agreement without prior written approval from the City Manager.
7. Title to Property Supplied and Works. All finished or unfinished documents and
materials prepared by the Contractor with funds provided by this Agreement shall, at the
option of the City, remain the property of the City and shall be forwarded to the City at its
request. No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports,
data, or other materials prepared under this Agreement.
8. Taxes and Assessments. Contractor shall be solely responsible for compensating its
employee(s) and for paying all related taxes, deductions, and assessments, including but not
limited to, federal income tax, FICA, social security tax, assessments for unemployment and
other deductions from income which may be required by law.
9. Nondiscrimination Provision. During the performance of this Agreement,
Contractor shall not discriminate in violation of any applicable federal, state and /or local law
or regulation on the basis of race, color, sex, religion, national origin, creed, marital status,
political affiliation, sexual orientation, or the presence of any sensory, mental or physical
disability. This provision shall include but not be limited to the following employment,
upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, selection for training, and the provision of services under this
Agreement.
10. The Americans With Disabilities Act. Contractor agrees to comply with the
Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its
implementing regulations, and Washington State's anti- discrimination law as contained in
RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive
civil rights to individuals with disabilities in the area of employment, public
accommodations, state and local government services, and telecommunications. •
PROFESSIONAL SERVICES ACREEMENi1099 cm (21 2
0 11. Compliance With Law. Contractor agrees to perform services under and pursuant
to this Agreement in full compliance with any and all applicable laws, rules, and regulations
adopted or promulgated by any governmental agency or regulatory body, whether federal,
state, local, or otherwise.
12. No Insurance from City. It is understood the City does not maintain liability
insurance for Contractor.
13. Indemnification and Hold Harmless. Contractor agrees to protect, defend,
indemnify, exonerate, and hold harmless the City, its elected officials, agents, officers, and
employees (hereinafter "parties protected ") from (a) any and all claims, demands, liens,
lawsuits, administrative and other proceedings, and (b) any and all judgments; awards,
losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs
and expenses (including legal fees, costs, and disbursements) for, arising out of, or related to
any actual or alleged death, injury, damage or destruction to any per son or any property
(including but not limited to any actual or alleged violations of civil rights) to the extent
solely or concurrently caused by, arising out of, or related to any actual alleged act, action,
default or omission (whether intentional, willful, reckless, negligent, inadvertent, or
otherwise) resulting from, . arising out of, or related to Contractor's performance or
non- performance of this Agreement.
14. Insurance Requirements.
• a. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of commercial liability insurance with a minimum liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage. The certificate
shall clearly state who the provider is, the amount of coverage, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the duration
of this Agreement. The policy shall name the City, its elected officials, officers, agents, and
employees as additional insured, and shall contain a clause that the insurer will not cancel or
change the insurance without first giving the City thirty (30) calendar days prior written
notice (any language in the clause to the effect of "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company" shall be crossed out and initialed by
the insurance agent). The insurance shall be with an insurance company rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
b. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of professional liability /errors & omissions insurance with a minimum liability limit of
One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the
amount of coverage, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name
the City, its elected officials, officers, agents, and employees as additional insured, and shall
contain a clause that the insurer will not cancel or change the insurance without first giving
the City thirty (30) calendar days prior written notice. The insurance shall be with and
i insurance company rated A -VII or higher in Best's Guide.
PROFESSIONAL SERVICES ACREEMEN 1P99 cm (2) 3
15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not
be assigned or transferred in whole or in part by Contractor to any other person or entity
without the prior written consent of the City.
16. Non - Waiver. The waiver by Contractor or the City of the breach of any provision of
this Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach by either party or prevent either party thereafter enforcing any such.
provision.
17. Damages. If for any reason the Contractor fails to provide the services required
under this Agreement, the Contractor shall be liable for any and all additional expenses
incurred by the City in securing such services elsewhere.
18. No Conflict of Interest. Contractor represents that he /she does not have any
interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of this Agreement. Further, the Contractor
specifically represents that he/she is ' not an officer or an employee of the City, nor does
he /she reside with or contribute monetary amounts of any City Employee or officer.
19. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed and •
enforced as it the Agreement did not contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
20. Integration and Supersession. This Agreement sets forth all of the terms,
conditions, and agreements of the parties relative to the subject matter hereof and supersedes
any and all prior negotiations, discussions, understandings, and agreements between the
parties as to the subject matter hereof, which are hereby declared terminated and of no
further force and effect. There are not terms, conditions, or agreements with respect thereto,
except as herein provided and no amendment or modifications of this Agreement shall be
effective unless reduced to writing and executed by the parties.
21. No Third Party Rights. This Agreement is entered into for the sole benefit of the
City and Contractor. It shall confer no benefits or rights, direct or indirect, on any third
persons, including employees of the parties. No person or entity other than the parties
themselves may rely upon or enforce any provision of this Agreement. The decision to assert
or waive any provision of this Agreement is solely that of each party.
22. Termination. Either party may terminate this Agreement, with or without cause, by •
giving the other party thirty (30) days written notice of termination.
PROFESSIONAL SERVICES ACREEMENf1044 an (2) 4
111 23. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
24. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent to the parties to their addresses as follows:
TO CITY: Parks and Recreation Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: The Watershed Company
750 Sixth Street South
Kirkland, WA 98033
or to such other addresses as the parties may hereafter designate in writing. Notices and /or
demands shall be sent by registered or certified mail, postage prepaid or hand delivered.
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified above.
. 25. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
26. Venue. The venue for any action to enforce or interpret this Agreement shall
lie in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA CONTRACTOR
By: By:
R. A. Zais, Jr., City Manager Its:
Date: Date:
ATTEST:
City Clerk
City Contract No.
Resolution No.
PROFESSIONAL SERVICES ACREEMENT1099 cm C!) - 5
IRS FORM 1099 (MIS) CONTRACT NO. •
The U.S. Internal Revenue Code requires the City of Yakima to file "IRS FORM 1099" for
certain payments which total an aggregate of $600 or more during the calendar year.
When a correct taxpayer identification number, such as a Social Security Tax I.D. number,
has not been furnished, the City of Yakima must withhold from payments a tax equal to 31 %.
To assist the City of Yakima in meeting the Internal Revenue Service reporting requirements
and for you to avoid the 31% withholding requirement, please complete the items below,
sign and date.
Name:
•
Address:
City: State Zip
Work Phone No. Home Phone No.
Tax I.D. Number
Social Security Number:
Check one: Individual ( )
Corporation ( )
Partnership ( )
Professional Service Corp. ( )
Sole Proprietorship ( )
Authorized Signature Date
If you believe payments to you by the City of Yakima are exempt from the Internal Revenue
Service reporting requirements, please supply us with an explanation of the exemption with
reference to the appropriate Internal Revenue Code Regulations providing for such
exemption.
NOTE: Even if you subsequently give us your Tax Identification Number, the City of
Yakima cannot pay the withheld amount to you. Once the 31% portion has been withheld,
you must file a tax return to receive credit for the withheld amount.
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PROFESSIONAL SERVICES AGREEMENT 7099 art (21 6
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S C I E N C E & D E S I G N
WATERSHED
L. I
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Attachment "A"
April 22, 2008
Denise Nichols, Parks and Recreation Manager
Parks and Recreation Division
City of Yakima
129 North Second Street
Yakima, WA 98901
Via phone: 509 -575 -6005 •
Via email: dnichols @ci.yakima.wa.us
Dear Ms. Nichols:
Thank you for requesting this proposal for environmental services, including further work at Kiwanis
Park, located at 501 South 12 Street in the City of Yakima (parcel number 19132023030). Under this
proposal we will conduct the following work:
1) Make one site visit to Kiwanis Park to delineate and rate the on -site wetland.
2) Prepare a sketch showing the approximate location of flags that you can provide to your
surveyors.
3) Prepare a letter -style report that details the findings of our study and summarizing the
relevant local, state and federal regulatory implications.
4) Request a Jurisdictional Determination (JD) from the Corps of Engineers.
5) Create a conceptual mitigation plan, including landscape drawings of the mitigation
concepts. *(see below)
6) Up to three hours of communication with the Corps, Ecology and /or City of Yakima.
We bill on a time and materials basis, with a not -to- exceed figure. Ecologist Mike Foster and Landscape
Designer Zack Smith, at $70 per hour, will do the majority of the work. Their work will be under the
supervision of Sr. Wetland/Wildlife Biologist, PWS, Jennifer Creveling, at $120 per hour, and Sr.
Landscape Architect, Mark Garff, ASLA /RLA, at $110 per hour.
The cost to complete the work as described above will not exceed $6,200. Additional requested tasks
outside this scope of work will be negotiated under separate proposals.
Please sign below and return one copy to authorize this work, or provide your standard contract
documents. Call with any questions.
Sincerely,
A. William Way Date
President
*This line item assumes an appropriate mitigation site has been identified and AutoCAD maps are available for the
area. If the necessary maps are not available, such concept plans may require additional out of scope work such as a
delineation site visit plus surveying.
750 Sixth Street South . Kirkland, WA 98033
p 425.822.5242 f 425.827.8136 watershedco.com
Nichols, D.
April 22, 2008
2 of 2
Estimated hourly breakdown of cost:
Staff
Hourly Task Estimated Cost
SB $70 Preliminary . review: respond to client 1 $70.00
CH $80 Set up file 0.5 $40.00 •
SB $70 Site visit to delineate on -site wetland 12 $840.00
SB $70 Delineation field assistance • 12 $840.00
SB $70 Prepare sketch of approximate flag locations for surveyors 1 $70.00
Prepare letter report of findings including DOE ratings and
SB $70 figures 12 $840.00
LD $80 Create delineation map from survey 3 $240.00
SB $70 Make request for JD 1 $70.00
SB $70 Conceptual Mitigation Report 16 $1,120.00
LD $80 Conceptual Mitigation Figures 16 $1,280.00
JC $120 Internal review 5 $600.00
Sub Total $6,010.00
(copies and mileage 1 1 $190.00
Total $6,200.00
Staff initial Key: SB = Staff biologist
CH = Christi Hallman, Contract Administrator
LD = Landscape Designer
JC = Jennifer Creveling, PWS, Sr. Fisheries Biologist
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