HomeMy WebLinkAboutR-2016-127 Rosalma Garden Club Park Improvements Agreements with Hogback Development, LLC and Stephens and Sons Construction, Inc.AN RESOLUTION
RESOLUTION NO. 2016-127
authorizing the City of Yakima to accept the donation of materials and
labor and enter into an Agreement with Hogback Development, LLC and
Stephens and Sons Construction, Inc , for development and use of the
Rosalma Garden Club Park to enhance the park by providing plants, and
doing the work necessary for planting and establishing a pathway, among
other improvements, to the Park.
WHEREAS, the City owns a park at South 16th Avenue and Tieton Drive in Yakima, known
as Rosalma Garden Club Park, and
WHEREAS, the park could use improvements as a portion of it is a dirt and/or gravel area
with no greenery or walkway pavers, and
WHEREAS, Hogback Development LLC and Stephens and Sons Construction, Inc.
approached the City to donate the design, materials and labor to improve the Rosalma Garden
Club Park, and
WHEREAS, the Agreement will allow for the City to approve the design and layout of the
improvements, which will be done at no expense to the City; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of its
residents to enter into an Agreement with Hogback Development, LLC and Stephens and Sons
Construction, Inc. to develop, donate materials and labor to enhance and improve Rosalma
Garden Club Park at no expense to the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to accept the donation from Hogback Development LLC
and Stephens and Sons Construction, Inc. and execute an Agreement with them to develop and
design a site plan for improvements to the Rosalma Garden Club Park, as well as accept the
materials and labor provided by Hogback Development LLC and Stephens and Sons
Construction, Inc., which will improve the Rosalma Garden Club Park for the benefit of the
residents of the City of Yakima. A copy of the agreement is attached hereto
ADOPTED BY THE CITY COUNCIL this 18th_day of October, 2016
ATTEST.
Sony Claf Tee, City
AGREEMENT BETWEEN THE CITY OF YAKIMA, HOGBACK DEVELOPMENT COMPANY, L.L.C. AND
STEPHENS AND SONS CONSTRUCTION, INC. FOR DEVELOPMENT, MAINTENANCE AND USE OF
ROSALMA GARDEN CLUB PARK (located at South 16th Avenue and Tieton Drive)
THIS AGREEMENT is entered into among the City of Yakima (hereinafter the "City") whose
address is 129 North 2nd Street, Yakima, Washington, 98901; Hogback Development Company, L.L.C.
(hereinafter "Hogback") whose address is 2612 W. Nob Hill Blvd., Yakima, Washington, 98902; and
Stephens and Sons Construction, Inc. (hereinafter "Stephens") whose address is 417 South 51St Avenue,
Yakima, Washington, 98908, for purposes of the development, maintenance and use of Rosalma Garden
Club Park (hereafter "Park").
WHEREAS, the City is the owner of the Park located at South 16th Avenue and Tieton Drive,
Yakima, Washington; and
WHEREAS, the Park is a valuable resource for the community that would benefit from
improvements; and
WHEREAS, the City is committed to ensuring that improvements to the Park serve the best
interests of the community, improve the park facilities and look of the Park, and serve to increase use of
the Park; and
WHEREAS, Hogback and Stephens, jointly, are interested in bettering the Yakima community
through improvements to the Park; and
WHEREAS, Hogback and Stephens, jointly is willing to contribute financial, design and other
resources to the City for the improvement of the Park; and
WHEREAS, the City is willing to accept the financial, design and other resources offered by
Hogback and Stephens for the improvement to the Park;
NOW, THEREFORE, in consideration of the covenants and agreements contained herein and
performed by the parties hereto, it is hereby agreed as follows:
1. Purpose. The purpose of this Agreement is to define the responsibilities of the City, Hogback
and Stephens in the Park improvements and to provide for effective cooperation in the implementation
of the provisions set forth herein.
2. Obligations of the Parties.
The City shall perform the following obligations in regard to the Park:
A. The City shall assist in planning the improvements to the Park.
B. The City shall oversee the site development in accordance with the plans provided by
Hogback and Stephens.
C. The City shall maintain the improvements and the Park in accordance with its general
maintenance schedule and policies.
City of Yakima—Hogback Development & Stephens and Sons
Rosalma Garden Club Park Improvements
Page 1
Hogback and Stephens, jointly, shall perform the following obligations in regard to the Park:
A. Hogback and Stephens shall provide the design of the improvements, which must be
approved by the City, at no cost to the City.
B. Hogback and Stephens shall provide all landscaping materials, plants, and improvements
proposed in the plans.
C. Hogback and Stephens will provide the labor and select all contractors to design and
improve the Park, at no cost to the City.
D. Hogback and Stephens will confer with the City as necessary in regard to any outstanding
matters related to the maintenance and repair of the improvements.
3. Term. The term of this Agreement shall commence upon execution hereof and shall remain in
effect unless the Agreement is terminated earlier by either party under Section 16 of this Agreement.
Hogback and Stephens shall proceed with their obligations in a timely manner but shall not have any
responsibility for delays caused by others beyond their control or that were not reasonably foreseeable.
4. Administration. This Agreement shall be administered by the City's Parks and Recreation
Division.
5. Independent Contractors. Hogback and Stephens understand and expressly agree that they are
independent contractors in the performance of each and every part of this Agreement. As independent
contractors, they assume the entire responsibility for carrying out and accomplishing the work and/or
services required under this Agreement. They shall have the sole judgment of the means, mode or
manner of the actual performance of the work and/or services required under this Agreement.
Additionally, and as independent contractors, they, and their employees, shall make no claim of City
employment nor shall they claim against the City any related employment benefits, social security
and/or retirement. Nothing contained herein shall be interpreted as creating a relationship of servant,
employee, partnership, or agency between Hogback and Stephens, any officer, employee or agent
thereof, and the City.
6. No Third Party Rights. This Agreement is entered into for the sole benefit of the parties. It shall
confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the
City and Hogback and Stephens may rely upon or enforce any provision of this Agreement.
7. Indemnification and Hold Harmless.
A. Each party hereto agrees to maintain responsibility and assume liability in the
performance of this Agreement for its own wrongful and/or negligent acts or omissions, and those of its
officers, agents or employees, to the fullest extent allowed by law; provided, however, that upon
completion of the improvements, and acceptance thereof by the City, the City shall be solely responsible
for maintenance and operation of the Park and shall hold Hogback and Stephens harmless from any
responsibility or liability arising after the City's acceptance caused by the wrongful and/or negligent acts,
or omissions of the City or any third party.
B. The provisions of this Section shall survive the termination or expiration of this
Agreement.
C. Nothing contained in this Section or this Agreement shall create a liability or a right of
indemnification in any third party.
City of Yakima—Hogback Development & Stephens and Sons
Rosalma Garden Club Park Improvements
Page 2
8. Nondiscrimination. During the performance of this Agreement, the Parties shall not
discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of
age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged
veteran or military status, pregnancy, sexual orientation, or any other classification protected under
federal, state or local law. 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.
9. Records. Hogback and Stephens shall maintain (in accordance with generally accepted
accounting practices) books, accounts, records, documents and other materials related directly or
indirectly to the costs, expenses, and expenditures incurred and/or made pursuant to this Agreement.
All such books, accounts, records, documents and other materials shall be subject to inspection and
audit at reasonable times by representatives of the City of Yakima and/or of the Washington State
Auditor, upon forty-eight (48) hours written notice. Said books, accounts, records, documents and other
materials may be copied by said local and/or state government representatives as part of such an
inspection/audit.
The records relating to this Agreement must be made available to the City, and are City of Yakima
records. They must be produced to third parties, if required pursuant to the Washington State Public
Records Act, Chapter 42.56 RCW, or by law. All records relating to this Agreement must be retained by
Hogback and Stephens for a minimum of six (6) years after the end date or termination of this
Agreement. The records shall at all times be subject to inspection by and with the approval of the City
of Yakima, and will be provided to the City upon the City's request. This Section shall survive the
termination of this Agreement.
10. Compliance with Law. The Parties to this Agreement shall comply with all applicable federal,
state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement.
11. No insurance. It is understood the City does not maintain liability insurance for Hogback or
Stephens, or their employees and subcontractors.
12. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to avail
itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict
performance of any agreement, covenant, or condition of this Agreement, or to exercise any right
herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any
such agreement, covenant, condition or right.
13. Dispute Resolution. The City and Hogback and Stephens shall meet to discuss any outstanding
issues related to the development of the Park and/or the implementation of this Agreement in order to
resolve any disputes through cooperation and negotiation.
14. Integration. This Agreement contains all of the terms and conditions agreed on by the parties.
No other understandings, oral or otherwise, regarding the subject matter of this Agreement, are
deemed to exist or to bind either of the parties.
City of Yakima—Hogback Development & Stephens and Sons
Rosalma Garden Club Park Improvements
Page 3
15. Modifications. The parties may modify this Agreement but no proposed changes or
modifications shall have validity or become binding on either party unless such changes or modifications
are in writing and executed by both parties.
16. Severability. If a court of competent jurisdiction holds any part, term or provision of this
Agreement 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 if the Agreement did
not contain the particular provision held invalid. Further, if any provision of this Agreement is in direct
conflict with any statutory provision of the State of Washington, that provision in this Agreement 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.
17. Termination. The parties may terminate this Agreement, with or without cause, by written
notice from either party to the other party thirty (30) days in advance of the termination.
18. Survival. Any provision of this Agreement which imposes an obligation after expiration or
termination of this Agreement shall survive the expiration or termination and shall bind the parties.
19. Notices. Unless otherwise stated herein, all notices and demands are required in written form
and sent to the parties at their addresses as follows:
TO:
TO:
TO:
CITY OF YAKIMA
Cliff Moore, City Manager
129 North Second Street
Yakima, WA 98901
HOGBACK DEVELOPMENT L.L.C.
c/o Chris Waddle
2612 West Nob Hill Blvd. Suite 101-148
Yakima, WA 98902
STEPHENS AND SONS CONSTRUCTION, INC.
c/o Benjamin Stephens
417 South 51st Avenue
Yakima, WA 98908
20. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington.
City of Yakima—Hogback Development & Stephens and Sons
Rosalma Garden Club Park Improvements
Page 4
CITY OF YAKIMA
Cliff Moo ity Manager
ATTEST:
Sonya Claa.r — Tee, City Clerk4; "
it) i
'lt , lr„,,,,0000j4
HOGBACK DEVELOPMENT L.L.C.
Chris Waddle, Member -Manager
STEPHENS AND SONS CONSTRUCTION, INC.
CITY CONTRACT NO: ,,34//0/ "l Q5
RESOLUTION NO: )' .Z f/, `07
njamin Stephens, President
City of Yakima—Hogback Development & Stephens and Sons
Rosalma Garden Club Park Improvements
Page 5
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 10.
For Meeting of: October 18, 2016
Resolution authorizing an agreement with Hogback Development
Company, LLC and Stephens and Sons Construction, Inc. for
development, maintenance and use of Rosalma Garden Club Park
(located @ South 16th Ave. and Tieton Drive)
Scott Schafer, Public Works Director - 576-6411
Ken Wilkinson, Parks and Recreation Manager - 576-6416
SUMMARY EXPLANATION:
Rosalma Garden Club Park is located at the corner of 16th Avenue and Tieton Drive and is a City -
owned Park. The Park was a Trolley stop many years ago and was named the Rosalma Garden
Club Park in January of 1979 after a donation of labor and funds was received by the Rosalma
Garden Club to improve this area. In recent years, the park area had been used as a Yakima
Transit stop. However, improvements made along Tieton Drive created a new Transit stop
location that has resulted in this park area no longer being utilized.
Hogback Development Company, LLC (Hogback) and Stephens and Sons Construction, Inc.
(Stephens) have agreed to donate materials and labor to improve the Rosalma Garden Club
Park. Hogback and Stephens are interested in providing improvements to this Park as a means
to improve the Yakima community.
This agreement is to define the responsibilities of the City, Hogback and Stephens in the Park
improvements and to provide for effective cooperation. The City shall perform the following
obligations in regard to the Park:
• The City shall assist in planning the improvements at the Park.
• The City shall oversee the site development in accordance with the plans provided by
Hogback and Stephens.
• The City shall maintain the improvements and the Park in accordance with its general
maintenance schedule and policies.
Hogback and Stephens shall perform the following obligations in regard to the Park:
• Hogback and Stephens shall provide the design of the improvements, which must be
approved by the City, at no cost to the City.
• Hogback and Stephens shall provide all landscaping materials, plants, and improvements
proposed in the plans.
• Hogback and Stephens will provide the labor and select all contractors to design and
improve the Park, at no cost to the City.
• Hogback and Stephens will confer with the City as necessary in regard to any outstanding
matters related to the maintenance and repair of the improvements.
Rosalma Garden Club Park will remain a City -owned Park but will be greatly improved by the
efforts of Hogback and Stephens.
Enclosed for City Council review is the Agreement between the City, Hogback and Stephens.
ITEM BUDGETED:
No
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
The proposed project was discussed at the September 14, 2016 Parks and Recreation
Commission meeting and the Park and Recreation Commissioners are in favor of the proposed
project and are very grateful to Hogback Development Company, Stephens and Sons
Construction, Inc. and Russell's Landscaping for this gift to the community.
ATTACHMENTS:
Description Upload Date
D Rosalma Garden Cub Park donation resolution 9/27/2016
Hogback Development Company LLC and Stephens and
D Sons Construction, Inc.agreement for Improvements to 9127!2016 Contract
Rosalma Garden Club Park
Type
Resolution
D
Example of possible improvements to Rosalma Garden
Chub Park
9/26/2016 Backup Material
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1. LANDSCAPE CONTRACTOR TO VERIFY ALL UTILITIES AND
SITE CONDITIONS PRIOR TO THE START OF CONSTRUCTION.
DO NOT COMMENCE WITH LANDSCAPE WORK UNTIL SITE
CONDITIONS ARE ACCEPTABLE FOR THE START OF
LANDSCAPE CONSTRUCTION.
THE START OF LANDSCAPE CONSTRUCTION MEANS THAT
THE LANDSCAPE CONTRACTOR HAS ACCEPTED THE
CONDITIONS OF THE SITE WORK AND WILL COMPLETE ALL
GRADING, LEVELING, SODDING, PLANTING, AND MULCHING
REQUIRED TO COMPLETE THE LANDSCAPE WORK.
2. LANDSCAPE CONTRACTOR TO COORDINATE ALL
WORK WITH THE GENERAL CONTRACTOR.
3. LANDSCAPE CONTRACTOR TO VERIFY AND COORDINATE
NEW LANDSCAPE PLAN WITH EXISTING IRRIGATION SYSTEM.
4. ALL EXISTING TREES TO REMAIN UNLESS OTHERWISE NOTED.
5. ALL TURF AREAS TO BE SOD, FROM A PRE -APPROVED
SOD SUPPLIER. VERIFY WITH LANDSCAPE ARCHITECT.
6. ALL PLANTER BEDS TO HAVE 3" OF 1 1/4" -3" CRUSHED
BASALT MULCH COVER OVER A COMMERCIAL GRADE LANDSCAPE
FABRIC AND CONCRETE BED EDGING IN ALL TRANSISTION AREAS
BETWEEN PLANTER BEDS AND TURF AREAS TYP.
COMMERCIAL GRADE POURED IN PLACE CONC. CURB EDGING.
SHEET \OTES
EXISTING BUS STOP AND TRAFFIC CABINET TO REMAIN TYP.
NEW CONCRETE PAVER PATIO. STYLE AND PATTERN TO
MATCH CITY OF YAKIMA STANDARD INSTALLATION.
EXISTING TREES TO REMAIN.
NEW 5' WIDE CONC. PAVER WALK, WITH A 6" CONC. BORDER.
EXISTING LAWN TO REMAIN.
PLA\T LIST
RED POINT MAPLE - B&B, 1 1/2" CAL.
10 - BERBERIS THUNBURGII 'CRIMSON PYGMY'
CRIMSON PIGMY BARBERRY - 2 GAL.
4 - CALAMAGROSTIS ACUTIFOLIA 'KARL FOSTER'
KARL FOSTER FEATHER REED GRASS - 5 GAL.
1 - CALOCEDRUS DECURRENS
INCENSE CEDAR - B&B 6'-7' TALL.
5 - CORNUS FLORIDA 'CHEROKEE PRINCESS'
CHEROKEE PRINCESS FLOWERING DOGWOOD - 5' TALL
1 - FAGUS SYLVATICA 'PURPLE PENDULA'
PURPLE WEEPING BEECH - 1" CAL.
17 - LAVANDULA ANGUSTIFOLIA
ENGLISH LAVERNDER - 2 GAL.
13 - MAHONIA REPANS
CREEPING MAHONIA - 2 GAL.
4 - PEROVSKIA ATRIPLICIFOLIA
RUSSIAN SAGE - 3 GAL.
3 - PHYSOCARPUS OPULIFOLIUS 'DIABOLO'
DIABOLO NINEBARK - 2 GAL.
® 25 - PRUNUS LAUROCERASUS 'OTTO LUYKEN'
OTTO LUYKEN LAUREL - 3 GAL.
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18 - SALVIA 'SUPERBA'
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* - JUINPERUS HORIZONTALLIS 'PRINCE OF WALES'
GREEN CARPET JUNIPER - 2 GAL.
* - NEW SOD LAWN AREAS
TURF LAWN MIX TYP.
* ALL GROUND COVER PLANTS TO BE PLANTED IN MASS
IN A TRIANGLE -SPACING @ 3'-0" 0. C. TYP.
REVISIONS
BY
Note: these drawings are the sole
property of JSMLA and shall not
be reproduced in any form without
written permission from ownership.
LANDSCAPE ARCH
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STATE OF
WASHINGTON
REGISTERED
LANDSCAPE ARCHITECT
JEFFREY S. MORROW
CERTIFICATE NO. 582
DATE 09-15-16
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