HomeMy WebLinkAboutNorthwest Vernacular Inc. - Agreement for Inventory For City of Yakima Use Only:
Contract No. 2v AGREEMENT
Project No. BETWEEN
Resolution No.
RFP No. CITY OF YAKIMA,WASHINGTON
AND
NORTHWEST VERNACULAR INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this Oiay of Sart . , 202 I by and between
the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second
Street, Yakima, WA 98901, hereinafter referred to as "CITY", and Northwest Vernacular Inc. with its
principal office at 3377 Bethel Rd. SE, Suite 107#318,Port Orchard,WA 98366,hereinafter referred to as
"CONSULTANT"; said corporation is licensed and registered to do business in the State of Washington,
and will provide services under this Agreement for the City of Yakima Naches Avenue Historic Inventory
Survey,on behalf of the City of Yakima.
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide services described in this
Agreement, incorporated Exhibits and subsequent Amendments thereto; and
WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW,THEREFORE,CITY and CONSULTANT agree as follows:
SECTION I INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
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2.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing
by both parties, duties of CONSULTANT shall not be construed to exceed those services
specifically set forth herein.
2.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign,
Spencer Howard as Consultant-in-Charge throughout the term of this Agreement unless other
personnel are approved by the CITY.
2.3 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled
"Scope of Work" (WORK)which is attached hereto and made a part of this Agreement as if fully
set forth herein.
2.4 Additional Services: CITY and CONSULTANT agree that not all WORK to be performed by
CONSULTANT can be defined in detail at the time this Agreement is executed,and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the CONSULTANT to revise
portions of the WORK previously completed in a satisfactory manner,delete portions of the WORK,
or request that the CONSULTANT perform additional WORK beyond the scope of the WORK.
Such changes hereinafter shall be referred to as"Additional Services."
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2.4.1 If such Additional Services cause an increase or decrease in the CONSULTANTS cost of,
or time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing accordingly.
2.4.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the CONSULTANT according to the provisions set forth in Exhibit B,attached
hereto and incorporated herein by this reference,and if so authorized, shall be considered
part of the WORK. The CONSULTANT shall not perform any Additional Services until
so authorized by CITY and agreed to by the CONSULTANT in writing.
2.5 The CONSULTANT must assert any claim for adjustment in writing within thirty(30) days from
the date of the CONSULTANT's receipt of the written notification of change.
2.6 All WORK created under this Agreement shall become the property of the CITY and shall be turned
over to the CITY at the completion of this Agreement, including, but not limited to, WORK in
electronic,paper,or other formats,created under this Agreement pursuant to its Scope of Work.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY-FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in
the CITY'S possession relating to the CONSULTANT'S services on the WORK.
3.2 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. CONSULTANT shall be entitled to reasonably rely on such instructions made
by the CITY'S Representative unless otherwise directed in writing by the CITY, but
CONSULTANT shall be responsible for bringing to the attention of the CITY'S Representative any
instructions which the CONSULTANT believes are inadequate, incomplete, or inaccurate based
upon the CONSULTANT'S knowledge.
3.3 Any documents, services, and reports provided by the CITY to the CONSULTANT are available
solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of
its duties and obligations under this Agreement or at law. The CONSULTANT shall be entitled to
reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents,services,and reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION,PROGRESS,AND COMPLETION
4.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with
WORK described in Exhibit A. The time for completion is defined in Exhibit A,or as amended.
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SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the
services described in Exhibit A,compensation shall be according to Exhibit B-Schedule of Specific
Fees and Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent
basis plus reimbursement for direct non-salary expenses.
5.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs
incurred on or directly for the WORK including,but not limited to,necessary transportation
costs, including current rates for CONSULTANT'S vehicles; meals and lodging; and
printing, binding and reproduction charges. Reimbursement for Direct Non-Salary
Expenses will be on the basis of actual charges plus ten percent(10%)and on the basis of
current rates when furnished by CONSULTANT. Estimated Direct Non-Salary Expenses
are shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the CONSULTANT and each of the
Subconsultants in connection with PROJECT WORK;provided,as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed
cents per mile will be paid for the operation, maintenance, and
depreciation costs of company or individually owned vehicles for that
portion of time they are used for WORK. CONSULTANT, whenever
possible,will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs,but are considered included
in the Schedule of Specific Hourly Billing Rates.
5.2 Unless specifically authorized in writing by the CITY,the total budgetary amount for this WORK
shall not exceed$12,000.00 The CONSULTANT will complete the WORK within the budget and
will keep CITY informed of progress toward that end so that the budget or WORK effort can be
adjusted if found necessary due to unforeseen circumstances. The CONSULTANT is not obligated
to incur costs beyond the indicated budget,as may be adjusted,nor is the CITY obligated to pay the
CONSULTANT beyond these limits. When any budget has been increased,the CONSULTANT'S
excess costs expended prior to such increase will be allowable to the same extent as if such costs
had been incurred after the approved increase, and provided that the City was informed in writing
at the time such costs were incurred.
5.3 Proposed Payment Schedule
For any services authorized by the City beyond the fixed fee scope of work shall follow a monthly
payment schedule as follows: The CONSULTANT shall submit to the City's Representative an
invoice each month for payment for services completed through the accounting cut-off day of the
previous month. Such invoices shall be for services and WORK performed and costs incurred prior
to the date of the invoice and not covered by previously submitted invoices. The CONSULTANT
shall submit with each invoice a summary of time expended on the PROJECT for the current billing
period,and any other supporting materials determined by the City necessary to substantiate the costs
incurred. CITY will use its best efforts to pay such invoices within thirty (30)days of receipt and
upon approval of the WORK done and amount billed. CITY will notify the CONSULTANT
promptly if any problems are noted with the invoice. CITY may question any item in an invoice,
noting to CONSULTANT the questionable item(s)and withholding payment for such item(s). The
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CONSULTANT may resubmit such item(s) in a subsequent invoice together with additional
supporting information required.
5.4 Payment terms are net 30 after receipt of approved invoice(s).
SECTION 6 RESPONSIBILITY OF CONSULTANT
6.1 The CONSULTANT shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, designs, drawings, specifications,
reports, and other services furnished by the CONSULTANT under this Agreement. The
CONSULTANT shall,without additional compensation,correct or review any errors,omissions,or
other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
CONSULTANT shall perform its WORK according to generally accepted standards of care and
consistent with achieving the WORK within budget, on time, and in compliance with applicable
laws,regulations,and permits.
6.2 CITY'S review or approval of,or payment for,any plans,drawings,designs,specifications,reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the
CONSULTANT of responsibility for the technical adequacy, completeness, or accuracy of its
WORK. CITY'S review, approval, or payment for any of the services shall not be construed to
operate as a waiver of any rights under this Agreement or at law or any cause of action arising out
of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the CONSULTANT and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent contractors
and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever.
The CONSULTANT shall not hold itself out as, nor claim to be, an officer or employee of CITY
by reason hereof and shall not make any claim,demand,or application to or for any right or privilege
applicable to an officer or employee of CITY. The CONSULTANT shall be solely responsible for
any claims for wages or compensation by ENGINEER's employees, agents, and representatives,
including subconsultants and subcontractors,and shall save and hold CITY harmless therefrom.
6.4 INDEMNIFICATION:
(a) CONSULTANT agrees to defend, indemnify,and hold harmless the CITY,its elected and
appointed officials,agents,officers,employees,agents and volunteers(hereinafter"parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys fees) and (2)judgments, awards,
losses,liabilities,damages,penalties,fines,costs and expenses of any kind claimed by third
parties arising out of,or related to any death, injury, damage or destruction to any person
or any property to the extent caused by any negligent act,action,default,error or omission
or willful misconduct arising out of the CONSULTANT's performance under this
Agreement. In the event that any lien is placed upon the City's property or any of the City's
officers, employees or agents as a result of the negligence or willful misconduct of the
CONSULTANT, the CONSULTANT shall at once cause the same to be dissolved and
discharged by giving bond or otherwise.
(b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such loss, cost,
or expense resulting from injuries to persons or damages to property,caused solely by the
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negligence or willful misconduct of the CITY, its employees,or agents in connection with
the service.
(c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a
person identified above for whom each is liable) is a cause of such third party claim, the
loss, cost, or expense shall be shared between the CONSULTANT and the CITY in
proportion to their relative degrees of negligence or willful misconduct and the right of
indemnity will apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the CONSULTANT,any subcontractor,anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages,compensation,or benefits payable by or for the CONSULTANT
or a subcontractor under workers'or workmens'compensation acts, disability benefit acts,or other
employee benefit acts.
SECTION 7 AUDIT AND ACCESS TO RECORDS
7.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in accordance
with generally accepted accounting principles and practices consistently applied. The CITY,or the
CITY'S duly authorized representative, shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of six years after completion of the
WORK. The CITY shall also have access to such books, records, and documents during the
performance of the WORK, if deemed necessary by the CITY, to verify the CONSULTANTS
WORK and invoices.
7.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
7.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the CONSULTANT is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any,of the CONSULTANT.
7.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract for
WORK.
7.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be
inadequately substantiated shall be reimbursed to the CITY.
SECTION 8 INSURANCE
8.1 At all times during performance of the Services,CONSULTANT shall secure and maintain in effect
insurance to protect the City and the CONSULTANT from and against all claims,damages,losses,
and expenses arising out of or resulting from the performance of this Contract. CONSULTANT
shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The City reserves the rights to require higher limits should it deem it necessary in the
best interest of the public.
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8.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella liability insurance with a total minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars($2,000,000.00)general aggregate. The certificate shall clearly state
who the provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall
name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds,
and shall contain a clause that the insured will not cancel or change the insurance without first giving the
City thirty(30)calendar days prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.
8.1.2. Commercial Automobile Liability Insurance.
a. If CONSULTANT owns any vehicles,before this Contract is fully executed by the parties,
CONSULTANT shall provide the City with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total minimum liability limit of Two Million Dollars($2,000,000.00)per occurrence
combined single limit bodily injury and property damage. Automobile liability will apply
to"Any Auto"and be shown on the certificate.
b. If CONSULTANT does not own any vehicles, only "Non-owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the
same limits as required in that section of this Contract, which is Section 8.1.1 entitled
"Commercial General Liability Insurance".
c. If CONSULTANT is using personal automobiles of its members or employees for WORK
related to this Contract, CONSULTANT may use personal automobile insurance policies
of its members or employees with the total minimum limit of Two Million Dollars
($2,000,000.00)per occurrence combined single limit bodily injury and property damage
and with proof to the City that the personal automobile policy covers CONSULTANT and
its employees and members when engaging in commercial and/or business activities on
behalf of CONSULTANT,or,in the alternative,CONSULTANT may obtain"Non-owned
and Hired Automobile Liability" insurance with the total minimum limit of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage and a copy of the lease agreement between NORTHWEST VERNACULAR
INC. and the members or employees utilizing their personal vehicles while working on
behalf of CONSULTANT,Northwest Vernacular, Inc.
d. Under any situation described above in Section 8.1.2.a,Section 8.1.2.b,and Section 8.1.2.c,
the required certificate of insurance shall clearly state who the provider is, the coverage
amount,the policy number,and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Contract. The policy shall name the City,
its elected officials,officers,agents,employees,and volunteers as additional insureds,and
shall contain a clause that the insured will not cancel or change the insurance without first
giving the City thirty(30)calendar days prior written notice. The insurance shall be with
an insurance company or companies rated A-VT!or higher in Best's Guide and admitted in
the State of Washington.
8.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.Note that this is not applicable to Katie Pratt and Spencer Howard as both are owners.
SECTION 9 SUBCONTRACTS
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9.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT, to
subcontract any portion of the WORK to be performed under this Agreement. Notification of use
of any subcontractor shall be provided to CITY prior to such subcontractor starting on WORK.
SECTION 10 ASSIGNMENT
10.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or CONSULTANT without prior written consent of the
other,which consent will not be unreasonably withheld. It is expressly intended and agreed that no
third party beneficiaries are created by this Agreement, and that the rights and remedies provided
herein shall inure only to the benefit of the parties to this Agreement.
SECTION 11 INTEGRATION
11.1 This Agreement along with the City RFP and the Consultant's response to the RFP represents the
entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior
oral or written understanding shall be of any force or effect with respect to those matters covered
herein. This Agreement may not be modified or altered except in writing signed by both parties.
SECTION 12 JURISDICTION AND VENUE
12.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws,but the remainder of this Agreement shall be in full force
and effect. Venue for all disputes arising under this Agreement shall be in a court of competent
jurisdiction in Yakima County,State of Washington.
SECTION 13 EQUAL EMPLOYMENT and NONDISCRIMINATION
13.1 During the performance of this Agreement,CONSULTANT and CONSULTANT's subconsultants
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, and 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. CONSULTANT agrees to comply with the applicable provisions
of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 14 SUSPENSION OF WORK
14.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of
the WORK. CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK
under this Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering with
normal progress of the WORK. CONSULTANT may suspend WORK on PROJECT in the event CITY
does not pay invoices when due, except where otherwise provided by this Agreement. The time for
completion of the WORK shall be extended by the number of days WORK is suspended. If the period
of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and
both parties are granted the option to terminate WORK on the suspended portion of Project in accordance
with SECTION 15.
SECTION 15 TERMINATION OF WORK
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15.1 Either party may terminate this Agreement,in whole or in part,if the other party materially breaches
its obligations under this Agreement and is in default through no fault of the terminating party.
However, no such termination may be effected unless the other party is given: (1) not less than
fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate; and(2)an opportunity for consultation and for cure with the terminating party
before termination.Notice shall be considered issued within seventy-two(72) hours of mailing by
certified mail to the place of business of either party as set forth in this Agreement.
15.2 In addition to termination under subsection 15.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the CONSULTANT is given: (1)not
less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation with CITY before
termination.
15.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract
price pursuant to the Agreement shall be made,but(1)no amount shall be allowed for anticipated
profit on unperformed services or other WORK,and(2)any payment due to the CONSULTANT at
the time of termination may be adjusted to the extent of any additional costs or damages CITY has
incurred,or is likely to incur,because of the CONSULTANT'S breach. In such event,CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination,whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing another
firm to complete it. Under no circumstances shall payments made under this provision exceed the
contract price. In the event of default, the CONSULTANT agrees to pay CITY for any and all
damages,costs,and expenses whether directly,indirectly,or consequentially caused by said default.
This provision shall not preclude CITY from filing claims and/or commencing litigation to secure
compensation for damages incurred beyond that covered by contract retainage or other withheld
payments.
15.4 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for
convenience, the adjustment pursuant to the Agreement shall include payment for services
satisfactorily performed to the date of termination, in addition to termination settlement costs the
CONSULTANT reasonably incurs relating to commitments which had become firm before the
termination,unless CITY determines to assume said commitments.
15.5 Upon receipt of a termination notice under subsections 15.1 or 15.2 above, the CONSULTANT
shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2)
deliver or otherwise make available to CITY all originals of data, drawings, specifications,
calculations, reports, estimates, summaries, and such other information, documents, and materials
as the CONSULTANT or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the CONSULTANT retaining copies of the
same.
15.6 Upon termination under any subparagraph above,CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall
have no responsibility to prosecute further WORK thereon.
15.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is
determined that the CONSULTANT has not so failed,the termination shall be deemed to have been
effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement
shall be determined as set forth in subparagraph 15.4 of this Section.
15.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the CONSULTANT in WORK or for any corporate officer of the
CONSULTANT to render his services,the CONSULTANT shall not be relieved of its obligations
to complete performance under this Agreement without the concurrence and written approval of
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CITY. If CITY agrees to termination of this Agreement under this provision,payment shall be made
as set forth in subparagraph 15.3 of this Section.
SECTION 16 DISPUTE RESOLUTION
16.1 In the event that any dispute shall arise as to the interpretation of this agreement,or in the event of
a notice of default as to whether such default does constitute a breach of the contract, and if the
parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation
as a means to resolve the dispute. If the aforementioned methods are either not successful then any
dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance
with the laws of Washington. If both parties consent in writing, other available means of dispute
resolution may be implemented.
SECTION 17 NOTICE
17.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof by
the addressee-party,or seventy-two(72)hours after mailing by certified mail to the place of business
set forth below,whichever is earlier.
CITY: City of Yakima
Robert Harrison,City Manager
129 North 2"d Street
Yakima,WA 98901
CONSULTANT: Northwest Vernacular Inc.
Spencer Howard,Co-Founder,Historic Preservationist
3377 Bethel Rd. SE Suite 107#318
Port Orchard,WA 98366
SECTION 18 RECORDS RETENTION AND DISCLOSURE
18.1 The City is required by law to comply with the Washington State Public Records Act
(PRA),Chapter 42.56 RCW. All records relating to CONSULTANT'S services under this Agreement must
be made available to the CITY,and also produced to third parties, if required,pursuant to the PRA or by law.
All determinations of records subject to release under the PRA,or otherwise required by law,shall be at the
sole discretion of the CITY. This Agreement and all public documents associated with this Agreement shall
be available to the CITY for inspection and copying by the public where required by the PRA or other law,
to the extent that public records in the custody of CONSULTANT are needed for the CITY to respond to a
request under the PRA,as determined by the CITY. If CONSUTLANT considers any portion of any records
provided to the CITY under this Agreement,whether in electronic or hard copy form,to be protected from
disclosure under law, CONSULTANT shall clearly identify any specific information that it claims to be
confidential or proprietary. If the CITY receives a request under the PRA to inspect or copy the information
so identified, and determines that the release of the information is required or otherwise appropriate, the
CITY'S sole obligation shall be to notify CONSULTANT of the request and the date such information will
be released to the requestor unless CONSULTANT obtains a court order to enjoin the release, pursuant to
RCW 42.56.450. If CONSULTANT fails to timely obtain a court order enjoining disclosure,the CITY will
release the requested information on the date specified. The CITY has, and by this section assumes, no
obligation on behalf of CONSULTANT to claim any exemption for disclosure under the PRA. The CITY
shall not be liable to CONSULTANT for releasing records not clearly identified by CONSULTANT as
confidential or proprietary. The CITY shall not be liable to CONSULTANT for any records that the CITY
releases in compliance with the PRA, this section, or in compliance with an order of a court of competent
jurisdiction.
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18.2 The records relating to the actions taken and work done pursuant to this Agreement shall,
at all times,be subject to inspection by the CITY. CONSULTANT shall provide the CITY sufficient, safe,
and proper facilities and equipment for such inspection and free access to such facilities. CONSULTANT'S
records relating to this Agreement will be provided to the CITY upon the CITY'S request.
18.3 CONSULTANT shall promptly furnish the CITY with such information and records which
are related to this Agreement as may be requested by the CITY. Until the expiration of six(6)years after
completion of the terms and conditions of this Agreement,or for a longer period if required by law or by the
Washington State Secretary of State's record retention schedule, CONSULTANT shall retain and provide
the CITY access to(and the CITY shall have the right to examine,audit and copy)all of CONSULTANT'S
books,documents,papers and records which are related to this Agreement.
18.4 All CITY information which, under the laws of the State of Washington, is classified as
public or private, will be treated as such by CONSULTANT. Where there is a question as to whether
information is public or private,the CITY shall make the final determination. CONSULTANT shall not use
any information,systems,or records made available to it for any purpose other than to fulfill the Agreement
duties specified herein. CONSULTANT agrees to be bound by the same standards of confidentiality that
apply to the employees of the CITY and the State of Washington. The terms of this section shall be included
in any subcontracts executed by CONSULTANT for work associated with this Agreement.
SECTION 19 NONDISCRIMINATION
19.1 The CONSULTANT shall comply with all Federal, State and local laws prohibiting
discrimination on the basis of age,sex,marital status,race,creed,color,national origin,the presence of any
sensory, mental or physical handicap or any other group protected under local, state or federal law existing
or hereafter created.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CI P° OF YAKIMA Northwest Vernacular Inc.
Robert Harrison qt/OA—.
Signature
Printed Name:ivb rT C7a f"t 5O ri Printed Name: Kathleen Pratt
Title: City Manager Title: President
Date:Ta_1P • O( , a"' Date: 12/29/2020
eeLd-
Attest t *
City Clerkt,/ v c1`V�" 1
^
CITY CONTRACT NO: �h 7 x ® ,Q i ' ,._ ,4
RESOLUTION NO: A C. P ' 1
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EXHIBIT A
SCOPE OF SERVICES
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Allyson Brooks Ph.D.,Director
:' State Historic Preservation Officer
ATTACHMENT#1
SCOPE OF WORK
WORK TO BE ACCOMPLISHED: The GRANTEE shall conduct the following activities:
A. CITY OF YAKIMA SURVEY AND INVENTORY: The GRANTEE shall create a
historic inventory, as follows:
1. SURVEY AREA AND CRITERIA: The GRANTEE shall conduct reconnaissance
level survey of:
a) AREA: South Naches Avenue from Yakima Avenue to Race Street, both sides
of the street.
b) CRITERIA: Historic buildings, structures, objects, and sites forty-five years of
age and older, approximately 94 new reconnaissance level inventory forms.
c) DEFINITIONS: Reconnaissance surveys(also called windshield surveys)are visual
or predictive surveys that identify the general distribution,location and nature of
historic resources within a given area.A reconnaissance survey of the built
environment generally entails the field identification of resources that appear to meet
broad survey requirements. Documentation at this level rarely exceeds property
address,observational information on architectural style and features,and
photographic information.However, it may be possible to discern if the property
appears to be a unique resource based on the observations of the overall survey area. If
so,this information should be recorded in the"Statement of Significance" section of
the database.
Reconnaissance surveys literally consist of driving around a community and noting the
general distribution of buildings, structures,and neighborhoods representing different
architectural styles,periods and modes of construction. Reconnaissance level survey
forms must still be completed on the electronic DAHP Wisaard Database. Because
reconnaissance surveys record only observable information,they may not provide
sufficient information with which to make determinations of eligibility beyond
architectural significance.
A reconnaissance level survey should include the following:
- Address/Map location
- Surveyor and survey name
- The current and historic use of the building should be noted if it is obvious from
the street;historic use does not necessarily need to be researched
- All observable characteristics should be completed within the database
- The"Description of Physical Appearance"section on the Narrative must be
completed
FY21-CLG-YAKIMA Page 9 of 17
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;' Allyson Brooks Ph.D.,Director
State Historic Preservation Officer
- A concise"Statement of Significance"based on the knowledge of the surveyor
(usually related to the architecture of the building)must be completed
- An opinion of local and National register eligibility(based on the architectural
qualities of the structure)
- An approximate date of construction
- Digital image(s)of the resource(all publicly visible elevations)
A reconnaissance level survey does not need to include the following:
- Ownership information—either historic or current
- The historic or common name of the property(unless its discernable from the
street)
- Precise date of construction
- Historic Context
- The architect/engineer/builder
- A thoroughly researched "Statement of Significance"
- A bibliography(unless sources were consulted by the surveyor)
2. SURVEY PROJECT MANAGER: The GRANTEE shall ensure that the personnel
directing the survey activities meet the professional qualifications in 36 CFR 61,
Appendix A. Before final selection, the GRANTEE shall afford the
DEPARTMENT an opportunity to review and approve candidates for the historic
preservation consultant conducting the survey project.
3. SURVEY STANDARDS: The GRANTEE shall conduct the survey activity and
produce complete inventory forms and a survey report consistent with the
guidelines in the"Washington State Standards for Cultural Resource Reporting"
published by the Department of Archaeology and Historic Preservation and
summarized as follows:
a) COMPLETED SURVEY:
(1) A COMPLETED SURVEY is understood to mean when the
GRANTEE has used the STATEWIDE WISAARD ONLINE
SYSTEM to document all properties within the defined survey area
and has submitted the inventory forms and survey report to the
DEPARTMENT. The inventory records and report must be
determined acceptable by the DEPARTMENT.
b) A COMPLETED INVENTORY FORM is understood to mean a completed
record on the STATEWIDE WISAARD ONLINE SYSTEM, with each
section filled out with the inventory information and digital images of the
inventoried property. Include photos of all visible elevations.
c) A SURVEY PROJECT REPORT is understood to mean a report which
follows the guidelines for survey project reports provided by the
FY2l-CLG-YAKIMA Page 10 of 17
��■ Allyson Brooks Ph.D.,Director
State Historic Preservation Officer
DEPARTMENT within the"Washington State Standards for Cultural
Resource Reporting"which includes the introduction, survey methodology,
historic context, analysis, recommendations,a map of the entire survey area
with all sites marked and numbered, and appendices.
The document shall include in their entirety the following
acknowledgement, disclaimer, and non-discrimination statements:
This survey has been financed in part with Federal funds from the National Park Service,Department
of the Interior administered by the Department of Archaeology and 1-listoric Preservation(DAHP)
and the City of Yakima. However,the contents and opinions do not necessarily reflect the views or
policies of the Department of the Interior or DAHP.
This program received Federal funds from the National Park Service. Regulations of the U.S.
Department of Interior strictly prohibit unlawful discrimination in departmental Federally Assisted
Programs on the basis of race,color,national origin,age,or handicap. Any person who believes he
or she has been discriminated against in any program,activity,or facility operated by a recipient of
Federal assistance should write to:Director,Equal Opportunity Program,U.S.Department of the
Interior,National Park Service, 1849 C Street,NW,Washington,D.C.20240.
{
d) The DEPARTMENT will be able to view draft copies of Historic Property
Inventory Forms via the online system per the SCHEUDULE(Attachment
5)
4. INCOMPLETE OR INACCEPTABLE MATERIALS: Any required survey
materials submitted which are not considered acceptable or complete—which do
not meet the DEPARTMENT's cultural resource survey editorial standards and/or
do not contain the required level of documentation—will be returned to the
GRANTEE for completion within the grant period.
5. REIMBURSEMENT: The GRANTEE will only be reimbursed for preparing
acceptable and complete required survey materials submitted during the grant
period.
6. DEPARTMENT RESPONSIBILITIES: The DEPARTMENT shall provide the
GRANTEE with the information to gain access to the STATEWIDE WISAARD
ONLINE SYSTEM.
B. PUBLIC EDUCATION ACTIVITIES
1. The GRANTEE shall research, design, and conduct at least two public
presentations during the grant period subject to the following conditions:
a) The purpose of the presentation(s)shall be to: kick off the project so that
property owners understand the project; present findings of the survey and
inventory project and respond to any questions raised by the public. It
FY21-CLG-YAKIMA Page l I of 17
:;; Allyson Brooks Ph.D.,Director
State Historic Preservation Officer
should also give property owners information and resources on listing
properties on the local register.
b) The GRANTEE shall notify the DEPARTMENT of the presentation date(s)
and shall be afforded an opportunity to attend.
c) Summarize the public presentation(s) including but not limited to:number
of participants, comments, and notable conclusions arising from the
presentation. Include the summary in the completion report.
II. PRODUCTS: The GRANTEE shall at a minimum submit the following products to the
DEPARTMENT:
A. INVENTORY FORMS & SURVEY REPORT
Naches Avenue inventory forms submitted to the STATEWIDE WISAARD ONLINE
SYSTEM;and a survey project report prepared in accordance with the"Washington State
Standards for Cultural Resource Reporting."The survey report must be uploaded into
Wisaard in pdf format in ONE document. The report shall include planning
recommendations for Naches Avenue as a whole, referencing the recent FY20 survey.
B. PUBLIC EDUCATION:
One copy of materials produced in conjunction with public presentations.
C. Completion report/reimbursement request
FY21-CLG-YAKIMA Page 12 of 17
EXHIBIT B
Professional Fees and Rates
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HISTORIC PRESERVATION
Exhibit B
Naches Avenue S
Professional Fees and Rates
Deliverable 1 — Reconnaissance-level Survey
Total not to exceed fee of$12,000.00
We will set up the survey in WISAARD. Our research, field work, and documentation will follow
the standards set forth by DAHP in "Historic Property Inventory Guide and Database User
Manual" and the Washington State Standards for Cultural Resource Reporting and by the
National Park Service in Guidelines for Local Surveys:A Basis for Preservation Planning.
Tasks to include the following:
• Planning Staff and YHPC Coordination and Meetings. We will coordinate with staff and
the YHPC as we begin the survey process, and when we conduct our field work and
research visits to ensure we economize our time. We will update staff and the YHPC
with preliminary findings after we have completed the field work. We will coordinate with
DAHP on the integration of this survey with the Naches Avenue N survey (DAHP Log
No. 2020-02-01472).
• Research and Information Gathering. Katie will lead research on the historic context.
For the historic context we will build on research conducted for Naches Avenue N
as well as review previous survey efforts, published histories, and relevant National
Register of Historic Places nominations. We will conduct archival research on the land
ownership, related plats, land use and development patterns of Naches Avenue and its
relationship to growth and development of the City of Yakima.
• Field Work and Image Processing. We will walk the survey area, recording survey form
and architectural feature data for each surveyed property. We will photograph (high
resolution digital photographs) all publicly visible facades. We will utilize this information
to write the architectural description for each property, including changes over time
based on research and field observations. The digital photographs will be processed
for inclusion in the survey report, individual HPI forms for each property, and renamed
by street address to provide a digital archive for the City. We will include individual and
historic district eligibility recommendations to inform potential nominations to the City of
Yakima and National Registers of Historic Places. All recommendations will be mapped
in GIS.
• Production, Data Entry, and Edits. We will utilize the information collected during our
research and field work to complete data entry into WISAARD. This will include the
location information, survey and surveyor name, current and historic use, approximate
year built, a description of physical appearance and alterations, a concise statement of
significance of the resource, and photographs. We will create an illustrated final report
of the survey. The survey report will explain our methodology, convey survey findings
and eligibility recommendations relative to both this survey area and the entire length of
Naches Avenue, and provide recommendations for next steps. The report will include a
map of the entire survey area and the full length of Naches Avenue with all sites marked
and numbered, an illustrated table of the properties with City of Yakima and National
Register eligibility. We will incorporate edits we receive from City staff and the YHPC
into the individual HPI forms, and the final report.
• Public Meetings. We will coordinate with City staff and the YHPC on meeting content
and will develop presentation materials for both meetings. Based on COVID-19
restrictions we anticipate both meetings to be virtual. The first public meeting will kick off
the project so that property owners and residents understand the project. The second
public meeting will present findings on potential eligibility for the buildings, provide
property owners information and resources on listing properties on Yakima Register
of Historic Places, and respond to questions by the public, the YHPC and the Yakima
Planning Commission (YPC). The draft copy of the survey report (including survey
forms) will be delivered to City staff to distribute to the YHPC and YPC in advance of
the second meeting. Depending upon feedback from the City and YHPC, we anticipate
these meetings to also include a discussion of what local and national register eligibility
means - from the landmarking process to design review and financial incentives.
• Products: PDF draft of the survey report, and inventory forms. Final inventory forms,
historic context, and report will be submitted through WISAARD for DAHP review. We
will deliver a PDF of the final survey report.
TABLE 1. PROJECT BUDGET
We propose a lump sum fee of$12,000 to complete the work. We will invoice monthly based
on work completed.
Deliverables and Tasks : Fee ! Staff
Delive001 - ` nn i' - *1';.;* : '7g' 6'4;e eco a ssarice,levelySurve �, ,�;.
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Planning Staff and YHPC Coordination $500 SH
Research
-- ----- $3,000- ---- SH, KP
Field Work $2,000 SH, KP
Production, Data Entry, and Edits $5,300 SH, KP
Public Meetings $1,000 KP, SH
Sub-total Fees j $11,800.00
Reimbursable Costs: Mileage $200.00
TIMELINE
Given the due dates for these deliverables, we have capacity to start work immediately upon
receipt of a notice to proceed. Initial work will be developing survey field maps and creating
NORTHWEST VERNACULAR
HISTORIC PRES rERVAT1ON
a digital survey form to be completed in the field. We will coordinate research visits, field
work, and planning meetings to economize our time. Both Spencer and Katie are available to
complete the work within the time frame described below.
TABLE 2. PROJECT TIMELINE
Deliverables I Tasks Jan 11 Feb I Mar Apr May I June July Aug
Staff&YHPC
Coordination b ; ::: : .Y• .
Research
Field Work
Production and Data
Entry
1st Draft Delivery _ 4/24
2nd Draft Delivery ! 7/6
Public Meeting YHPC
Public Meeting YHPC,
YPC I _
Client/DAHP Edits
Final Report Due j 8/31
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HISTORIC PRESERVATION