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)
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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)
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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)
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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 (.)
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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
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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: