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HomeMy WebLinkAboutR-2008-101 Kiwanis Park Pond Environmental Services Agreement with Watershed CompanyRESOLUTION NO. R-2008-101 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 needto 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 modem 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 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 1st day of 008. ATTEST: City lerk ms/Resolution Prof Sery Ag'mbcm David Edler, Mayor 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. 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 ACRE].IENT11.= cm (2) 2 6- 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 person 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 insurance company rated A -VII or higher in Best's Guide. PROFESSIONAL SERVICES AGREEMENIII+w 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 anystatutory 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 SE R% ICES ACREEMENTU N cm (2) 4 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 addressesas follows: TO CITY: TO CONTRACTOR: Parks and Recreation Manager City of Yakima 129 North Second Street Yakima, WA 98901 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 By: R. A. Zais, Jr.,''.it� Manager Date: ATTEST: CONTRACTOR City Clerk City Contract No. A GZJ4 Resolution No. PROFESSIONAL SERVICES ACREENENI10., cm (.) 5 • SCIENCE & DES I G N 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 12th 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 abovewill 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 HRatey Task Estiurs d 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 I $70.00 SB $70 Prepare letter report of findings including DOE ratings and 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 $120 Conceptual Mitigation Figures Internal review 16 5 $1,280.00 $600.00 JC Staff initial Key: Sub Total $6,010.00 copies and mileage $190.00 SB = Staff biologist CEI = Christi Hallman, Contract Administrator LD = Landscape Designer JC = Jennifer Creveling, PWS, Sr. Fisheries Biologist Total $6,200.00 • • • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13 For Meeting of July 1, 2008 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 costof 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 ' s,_ ation Bud • et APPROVED FOR SUBMITTAL: 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: