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HomeMy WebLinkAboutR-2021-136 Resolution authorizing an Interlocal Agency Agreement with the North Yakima Conservation District for Plant Establishment ServicesRESOLUTION NO. R-2021-136 A RESOLUTION authorizing an Interlocal Agency Agreement with the North Yakima Conservation District for Plant Establishment Services WHEREAS, the City of Yakima (City) has a responsibility to provide for wetland mitigation on projects that have an adverse effect on wetlands; and WHEREAS, the North Yakima Conservation District (NYCD) has an established organization that has the expertise, knowledge and capacity of providing wetland plant establishment services; and WHEREAS, the City will require installation, establishment, weed abatement and monitoring of required wetland plant species as part of offsite project mitigation efforts located near the City's Wastewater Treatment Plant; and WHEREAS, the City has the desire to contract with NYCD to work together to install, establish and monitor upland, riparian and wetland projects in an efficient, effective and professional manner; and WHEREAS, all work to be performed shall be identified in a Task Assignment signed by both parties; and WHEREAS, the terms of the Interlocal Agency Agreement (ILA) shall be for five (5) years in an amount not to exceed $212,000; and WHEREAS, the City Council deems it to be in the best interests of the City to enter into an ILA with NYCD, which allows NYCD to perform these services for the City under this contract, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Interlocal Agency Agreement with the North Yakima Conservation District, attached hereto and incorporated herein by this reference not to exceed Two Hundred Twelve Thousand Dollars ($212,000) to perform wetland planting and establishment services, ADOPTED BY THE CITY COUNCIL this 19th day of October, 2021, Sci,nyaT aar Tee, City Clerk e-e atricia Byers, 1 ayor CITY OF YAKIMA AND NORTH YAKIMA. CONSERVA I ION DISTRICT INTERLOCAL AGENCY AGREEMENT FOR WETLAND PLANT ESTABLISHMENT SERVICES THIS AGREEMENT is entered into between the North Yakima Conservation District, Yakima, Washington and its contractors (hereinafter referred to as the "NYCD"), whose address is 1606 Perry Street, Yakima, Washington 98902, and the City of Yakima (hereinafter referred to as the "City"), whose address is 129 North 2" Street, Yakima, Washington 98901, pursuant to RCW 39.34.080. WHEREAS, the CITY will require installation, establishment, weed abatement and monitoring of required wetland plant species as part of offsite project mitigation efforts located near the Yakima Regional Wastewater Treatment Plant; and, WHEREAS, the NYCD has an established organization that is capable of providing such services to other governmental agencies pursuant to Chapter 39.34 RCW; and, WHEREAS, the CITY assures the NYCD that the CITY'S request for services under this AGREEMENT is not intended to exclude the use of private consultants by the CITY; and, WHEREAS, the CITY may desire to obtain such services from the NYCD and the NYCD is willing to furnish such services to the CITY at locations throughout the City of Yakima, and both deem it in the interest of the public to enter into this AGREEMENT; and, WHEREAS, the actual work to be performed shall be specified in a Task Assignment signed by both parties; and, WHEREAS, the CITY shall pay for any work identified in a Task Assignment as specified by the terms of the Task Assignment and this AGREEMENT; NOW, THEREFORE, in consideration of the stated premise and in the interest of providing assistance to the City in the above mentioned areas, the parties hereto agree as follows: GENERAL A. Purpose, The purpose of this AGREEMENT is to work together to install, establish and monitor upland, riparian and wetland projects within the City of Yakima in an efficient, effective and professional manner. Both NYCD and the CITY are authorized to perform this governmental service, but NYCD has better expertise, knowledge, and capacity to do so. B. The NYCD shall provide the CITY with upland, riparian and wetland plant installation, establishment weed abatement and monitoring services for a term of five (5) years from the effective date of this AGREEMENT. Any such services shall conform to the Standards and Guidelines commonly established for these services. All work to be performed shall be identified in a Task Assignment signed by both parties. C. The normal workload of the NYCD will be evaluated prior to accepting any Task Assignment. Once a Task Assignment is accepted by the NYCD, any work performed under the Task Assignment shall be pursued with care and diligence, making every effort to meet the schedule established by the CITY in the Task Assignment. The NYCD shall promptly notify the CITY of any hardship or other inability to meet the schedule identified in the Task Assignment. D. This AGREEMENT may be increased or decreased in scope or character of work to be performed if such change becomes necessary, but any such change shall be accomplished by written supplement executed by all parties to said AGREEMENT. E. The parties shall agree on a satisfactory completion date for work performed under any Task Assignment ("work completion date"), which shall be specified in the Task assignment. The CITY shall, upon satisfactory completion of work performed pursuant to a Task Assignment, issue a letter of acceptance that shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under the Task Assignment. If the NYCD does not receive a letter of acceptance within 90 days following the work completion date, the work will be considered accepted by the CITY, The CITY may withhold acceptance of work by submitting written notification to the NYCD within a 90-day period. This notification shall include the reasons for withholding acceptance. H WORK ASSIGNMENT/REQUEST A. Specific assignments shall be made in the form of a written Task Assignment to the NYCD by the CITY and signed by both parties. Each Task Assignment shall contain an agreed upon budget and schedule for all services to be rendered. CITY approval is required for budget and schedule changes. The CITY shall make such assignments before any work is commenced by the NYCD. B. The CITY shall make available to the NYCD all information that has been compiled by or is available to the CITY concerning the project to be completed. C. The NYCD shall furnish all labor, materials, supplies, and incidentals necessary to complete the work assigned by the CITY and shall furnish to the CITY all information prepared by the NYCD in performance of each task. D. At the completion of the Task Assignment, the NYCD will turn over to the CITY all records pertinent to the work performed by the NYCD. ffl PAYMENT The NYCD shall be paid by the CITY for completed work and for services rendered under this AGREEMENT and associated Task Assignments, upon acceptance by the CITY, as provided hereinafter. Payments shall not exceed Two Hundred Thousand Dollars ($212,000.00) over the term of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and accepted by the CITY and for all labor, materials, supplies, and incidentals necessary to complete the work. The NYCD acknowledges and agrees that only those costs actually allocable to a project shall be charged to such project. A. The NYCD shall be reimbursed in full by the CITY for its direct and related indirect costs accumulated in accordance with its current accounting procedures. B. Partial payments will be made by the CITY within 30 days of receipt of the invoices from the NYCD and be paid on a reimbursement basis. Invoices will not be more frequent than one per month. It is agreed that payment of any particular claim will not constitute agreement as to the appropriateness of any item and that at the time of final invoice all required adjustments will be made. C. Upon termination of this AGREEMENT as provided in Section VI, the NYCD shall be paid by the CITY for services rendered to the effective date of termination less all payments previously made. No payment shall be made by the CITY for any expense incurred or work done following the effective date of termination unless authorized, in writing, by the CITY. D. Final payment of any balance due the NYCD of the ultimate gross reimbursable amount, prior to the effective date of termination, will be made upon ascertainment of such balance by the NYCD and certification thereof to the CITY. Iv LEGAL RELATIONS A. LIABILITY AND INDEMNIFICATION: Each of the parties to this AGREEMENT shall protect, defend, indemnify and save harmless the other party, their elected and appointed officials, officers, employees, agents and volunteers, from and against all liabilities, penalties, costs, losses, damage, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorney's fees, arising out of or related to the terms, covenants or conditions of this AGREEMENT and such parties' performance or failure to perform any aspect of this AGREEMENT; provided, however, that if the claims or suits are caused by or result from the concurrent negligence of (a) the CITY, its agents or employees, and (b) the NYCD, its agents or employees, including those actions covered by RCW 4.24.115, the obligations shall be valid and enforceable only to the extent of the parties' negligence; and provided further, that nothing herein shall require either party to hold harmless or defend the other party from any claim arising from the sole negligence of the other party. 2. NYCD specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed by the parties protected hereinunder. NYCD and the CITY acknowledge and agree that this wavier was mutually negotiated. 3. Nothing contained in this section or this AGREEMENT shall be construed to create a liability or a right of indemnification in any third party. B. NOTICE, ADMINISTRATION AND DISPUTE RESOLUTION: The CITY and the NYCD shall confer to resolve disputes that arise under this AGREEMENT as requested by either party. 2. The following individuals are the Designated Representatives responsible for administering this AGREEMENT, as well as for the purpose of resolving disputes that arise under this agreement and are the persons to whom notice shall be provided wh: AGREEMENT: City Engineer, City of Yakima Yakima City Hall 129 North Second Street Yakima, WA 98901 Telephone: Email: Brian Sclunidt Natural Resource Specialist, North Yakima Conservation District 1606 Perry Street Suite C Yakima WA 98902 Telephone: 50454-574 ext Email: Brian-schmidt@conservewa.net chaired der this In the event the Designated Representatives are unable to resolve the dispute, the following individuals shall confer and resolve the dispute. City Manager, City of Yakima Michael Tobin District Manager, North Yakia 1606 Perry Street Suite C Yakima WA 98902 Telephone. 50 - 54-5 743 ext Email: mike-tobin@conserved �a Conservation District The CITY and the North Yakima Conservation District agree that they shall have no right to seek relief in a court oflaw until and unless the Dispute Resolution process has been exhausted, D. GOVE G LAW AND NUE: In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action or proceeding shall be brought in a court of competent Jurisdiction situated in Yakima County, Washington. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Washington. E. INSURANCE. At all times during performance of the services in this AGREEMENT, NYCD shall secure and maintain in effect insurance to protect the CITY and NYCD from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this AGREEMENT CID shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The CITY reserves the right to require higher limits should it deem necessary and/or in the best interest of the CITY and/or the public. I Commercial Liability Insurance. Before this AGREEMENT is fully executed by the parties, NYCD shall provide the CITY with a certificate of insurance as proof of commercial liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single bodilyiniury and propertv daniae and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amountjhepolicy number and when the policy and provisions rovided are in effect. Said policy shall be in effect during the duration of this AGREEMENT. The policy shall name the CITY its elected and a ointed officials, officers agents,ern lo ees and volunteers as additional insureds, 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 an insurance company or companies rated A-VII or higher in Best's Guilde and admitted in the State of Washington. 2, Commercial Automobile Liability Insurance. Before this AGREEMENT is fully executed by the parties, NYCD shall provide the CITY with a certificate of insurance as proof of commercial automobile 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 per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and include, but not be limited to, owned, non -owned and hired vehicles, and be shown on the certificate. 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 AGREEMENT. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds, 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 an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 3. Workers' Compensation. NYCD agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. Evidence of NYCD's workers' compensation coverage will be furnished to the CITY. NYCD holds the CITY hal niless for any injury or death to NYCD's employees while performing this AGREEMENT. 4. Insurance Provided by Subcontractors. NYCD shall ensure that all subcontractors it utilizes for work and/or services rendered under this AGREEMENT shall comply with all of the above insurance requirements. 5. CITY Does Not Provide Insurance for NYCD. It is understood that the CITY does not maintain any form of insurance for NYCD, its officers, employees, agents, volunteers and/or subcontractors. F. RECORDS MAINTENANCE AND RETENTION NYCD shall maintain (in accordance with generally accepted accounting practices) books, accounts, records, documents and other materials related directly or indirecty to the services provided to the CITY by NYCD under this AGREEMENT. All such books, accounts, records, documents and other materials shall be subject to inspection and audit at reasonable times by representatives of the CITY. NYC[) shall make such books, accounts, records, documents and other materials available and afford the proper facilities for such inspection and/or audit within forty-eight (48) hours of inspection/audit notification from the CITY. Such books, accounts, records, documents and other materials may be copied by representatives of the CITY as part of such inspection/audit. However, the making of (or failure or delay in making) such inspection or approval shall not relieve NYCD of responsibility for performance of this AGREEMENT, notwithstanding the CITY'S knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. NYCD shall preserve and make available all such books, accounts, records, documents and other materials for a period of at least six (6) years after termination of this AGREEMENT. 2. NYCD shall promptly furnish the CITY with such information related to services and/or work performed pursuant to this AGREEMENT as may be requested. Until the expiration of six (6) years after termination of this AGREEMENT, or for a longer period if required by law or by the Washington State Secretary of State's record retention schedule, NYCD shall provide the CITY access to (and the CITY shall have the right to examine, audit and copy) all of NYCD's books, documents, papers and records which are related to the services and work performed under this AGREEMENT. . The CITY is required by law to comply with the Washington State Public Records Act (PRA), Chapter 42.56 RCW. Al! records relating to NYCD'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 NYCD are needed for the CITY to respond to a request under the PRA, as determined by the CITY. If NYCD 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, NYCD 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 inforination so identified, and determines that the release of the information is required or otherwise appropriate, the CITY'S sole obligation shall be to notify NYCD of the request and the date such infoiniation will be released to the requestor unless NYCD obtains a court order to enjoin the release, pursuant to RCW 42.56.450. If NYCD 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 NYCD to claim any exemption for disclosure under the PRA. The CITY shall not be liable to NYCD for releasing records not clearly identified by NYCD as confidential or proprietary. The CITY shall not be liable to NYCD 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. G. NONDISCRIMINATION The NYCD shall comply with Chapter 49.60 RCW and with Title VI of the Civil Rights Act of 1964, 42 USC -2000d et seq. With respect to the work to be performed by the NYCD during the contract, the NYCD shall not discriminate on the grounds of race, color, sex, sexual orientation, national origin, marital status, age, or the presence of any sensory, mental, or physical handicap in the selection and retention of employees, agents, subcontractors or in the procurement of services or materials, leases, or equipment, VI COMMENCEMENT, TERM, AND TERMINATION OF AGREEMENT A. Commencement, The work is of a continuing nature and will be in force as of the date of this AGREEMENT. B. Term. The term of this AGREEMENT shall be five (5) years from the date of execution, C. Termination. NYCD may terminate this AGREEMENT at any time upon not less than sixty (60) days written notice to the CITY with or without cause. The CITY may terminate this AGREEMENT, or any Task Assignment arising from this AGREEMENT, upon thirty (30) days written notice to the NYCD with or without cause. Upon receipt of any such notice of termination, NYCD shall, except as otherwise directed by the CITY, immediately stop performance of the services to the extent specified in the notice. The CITY agrees to reimburse the NYCD for all direct and indirect costs incurred for work performed and accepted by the CITY up to the date of notice of termination. NYCD should immediately Upon termination of this AGREEMENT, the NYCD will turn over to the CITY all Project records. If the CITY purports to terminate or cancel all or any part of this AGREEMENT for NYCD's breach or default when NYCD is not in breach or default which would permit such termination or cancellation, such termination or cancellation shall be deemed to have been a termination by the CITY pursuant to the above -paragraph, and the rights of the parties shall be determined accordingly. This AGREEMENT may also be terminated in whole or in part by mutual agreement of the parties. Upon termination, any property jointly acquired shall be disposed of through a right of first refusal to the CITY to purchase at fair market value the property. If the CITY chooses not to purchase the property it may be disposed of in any commercially acceptable manner. It is not anticipated that any property will be jointly acquired pursuant to this AGREEMENT. MISCELLANEOUS PROVISIONS A. Conflict of Interest. NYCD covenants that neither it, nor its officers, 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. NYCD further covenants that it will not recruit anyone or any entity having such a conflict of interest during the performance of this AGREEMENT. B. Compliance with Applicable Law. NYCD shall operate in accordance with all applicable statutes, laws, regulations and ordinances. NYCD shall obtain all necessary permits required by law. C. Assignment. This AGREEMENT, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by NYCD to any other person or entity without the prior written consent of the CITY, which may be withheld for any reason or no reason at all. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of NYCD stated in this AGREEMENT. D. Modification. Either party may request changes in this AGREEMENT, however, no change, modification, or alteration to this AGREEMENT shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties. E. Severability. If a court of competent jurisdiction holds that any part, term, or provision of this AGREEMENT is illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected and the parties' rights and obligations shall be construed and enforced as if the AGREEMENT did not contain the particular provision held to be invalid. Further, if any provision of this AGREEMENT is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and the AGREEMENT shall be deemed modified to conform to such statutory provision, Should the CITY determine that the severed portions substantially alter this AGREEMENT so that the original intent and purpose of it no longer exists, the CITY may, in its sole discretion, terminate this AGREEMENT, effective immediately upon notice. F. Non -Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this AGREEMENT shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant, or condition of this AGREEMENT, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. G. 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. H. Acquisition of Property and Assets. The parties do not intend to jointly acquire or manage any property. Acquisition of property by either party shall be in accordance with the laws and procedures applicable to each party. No Separate Legal Entity. No separate legal or administrative entity will be created pursuant to this AGREEMENT. This AGREEMENT shall be filed with the Yakima County Auditor's Office prior to becoming effective, and posted on the CITY's website. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date executed by both parties. OF YAKMA Robert Harrison City Manager Approved by Resolution No„ ATTEST: CITY CONTRACT N SOON Ni Sonya Claar Tee City Clerk NORTH YAK' DISTRICT A CONSERVATION Mike Tobin, District Manager Approved by Board Motion A EST: Approved as to Form: 1 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 4.K. For Meeting of: October 19, 2021 Resolution authorizing an I nterlocal Agency Agreement with the North Yakima Conservation District (NYCD) for Plant Establishment Services SUBMITTED BY: Scott Schafer, Public Works Director Bill Preston, City Engineer - (509) 576-6754 SUMMARY EXPLANATION: The City of Yakima (City) has a responsibility to provide for wetland mitigation on projects that have an adverse effect on wetlands; such as its Spring Creek Road Improvement Phase 2 project. The City will require installation, establishment, weed abatement and monitoring of required wetland plant species as part of offsite project mitigation efforts located near the City's Wastewater Treatment Plant. The North Yakima Conservation District (NYCD) has an established organization that has the expertise, knowledge and capacity of providing wetland plant establishment services. The City desires to enter into an I nterlocal Agency Agreement (ILA) with NYCD to work together to install, establish and monitor upland, riparian and wetland projects in an efficient, effective and professional manner. All work to be performed shall be identified in a Task Assignment signed by both parties. The terms of the ILA shall be for five (5) years in an amount not to exceed $212,000 and has been attached for City Council review. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution 2 ATTACHMENTS: Description Upload Date Type D resolution 10/8f2021 Cotter Memo a Agreement 9/15/2021 Contract CITY A A 9 IC arriso City a a 129 North Second Street Yakima, Washington 98901 (509) 575-6111 • Fax (509) 576-6305 November 10, 2021 Michael Tobin 1606 Perry Street, Suite C Yakima, WA 98902 Dear Michael, The City of Yakima Engineering Department, through the Interlocal Agency Agreement for Wetland Plant Establishment Services, City of Yakima Contract No. 2021-157, Resolution R- 2021-136, requests that North Yakima Conservation District (NYCD) provide wetland planting, development, and monitoring, for project 2577 Spring Creek Wetland Mitigation. This project includes mitigating for wetlands impacted by the City's Spring Creek Road widening and reconstruction project, from Washington Avenue to the SOZO sports complex. Wetland mitigation will occur offsite at the City's Regional Wastewater Treatment Plant site, 2200 E. Viola Ave., Yakima, WA 98901. The Wetland Mitigation Plan (WMP) dated April 10, 2019, enclosed, was prepared by Widener & Associates, to guide the wetland implementation. The Department of the Army issued a Nationwide permit, NWS-2019-160, dated April 29, 2019. Wetland monitoring is required for 10 years following mitigation construction completion, or until success standards identified in the WMP are met. Task Assignment - Scope of Work NYCD shall provide the following services to the City of Yakima: Field Work 1. Visually assess hydrology to determine if sufficient water is present to establish wetlands. Monitoring shall occur monthly, beginning Jan 20, 2021, and ending December 31, 2022. 2. Assess and determine if planting can commence, or if regrading is necessary for sufficient hydrology. 3. If initial hydrology goals are met, wetland and buffer creation shall be planted with identified species, as specified in the WMP, in the spring and fall of 2022. 4. A site visit will be made the summer after initial planting, and survival rates will be assessed. 5. Establish plants, including replacement and maintenance, adjustment of planting layout if necessary, litter removal, installation or adjustment of vegetation protection devices, and repair of any vandalism. 6. Weed control shall occur throughout the 5-year monitoring period as needed and identified in future task orders. The entire wetland mitigation site will be reviewed CAUsers\Owner.000\Desktop\Mike's\Yakima City Projects\City of Yakima Spring Creek Mitigation (Billy's pond)\Task Assignment NYCD finaldocx Page 1 of 3 annually during the growing season for noxious weeds and other undesirable weed growth. Any areas not meeting the success standards for weeds shall be pulled, or sprayed with a wetland -approved herbicide. 7. Observe field conditions for comparison to performance measures and success standards in WMP, for use in annual status reports. Reporting and Documentation Assist the City of Yakima in preparing necessary reporting as described below. The City will prepare and submit required documents. 1. Annual status report for the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch by October 31st each year until mitigation construction is complete as determined by the Corps. Reference number NWS-2019-160 shall be included in all documentation submitted to the Corps. 2. Preparing an as -built mitigation construction report and as -built drawings of the mitigation area. The as -built report will include both the proposed original plant locations, and actual plant locations, with densities and sizes shown. The as-builts will also identify the nursery supplier, time of plantings, photos, and sampling/monitoring sites. Submit to U.S. Army Corps of Engineers, Seattle District, Regulatory Branch. 3. Preparing mitigation monitoring reports for monitoring years 1, 2, 3, 5, and submit to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch. Year 1 monitoring will occur at least one year after completion of the mitigation site. 4. A delineation using the currently approved federal wetland delineation manual and appropriate regional supplement must be included with the final monitoring report and shall include mitigation area. If a performance standard requires increasing the rating category, the wetlands must be evaluated using the most current version of the Washington State Wetlands Rating System for Eastern Washington. 5. Preparing the Certificate of Compliance with Department of the Army Permit. Notes: a. The year mitigation construction is completed, as determined by the Corps, represents Year 0 for mitigation monitoring. b. The City will record a copy of the Department of the Army permit, NWS-2019-160, to the mitigation site property. Project Management 1. Provide status reports and invoices for work performed. 2. Prepare and coordinate project schedule in conjunction with permit requirements and timelines. 3. Maintain project files for agency review.. 4. Attend staff meetings, as requested, to address technical aspects of the work related to scope and schedule. Schedule Wetland mitigation will begin immediately upon execution of this Task Assignment, and will extend until 5 years following mitigation construction completion, or until success standards identified in the WMP are met. Payment The City will reimburse NYCD for its direct and indirect costs, with a maximum reimbursement total of $80,000.00. C:\Users\Owner.000\Desktop\Mike's\Yakima City Projects\City of Yakima Spring Creek Mitigation (Billy's pond)\Task Assignment NYCD final.docx Page 2 of 3 Please charge your work to City Project #2577 Spring Creek Wetland Mitigation, and send monthly billings to City of Yakima Engineering Division, attention Bill Preston. If you have any questions regarding this assignment, please feel free to contact Bill Preston at (509) 576-6754. Sincerely, Bob Harrison City Manager Enclosures CITY CONTRACT NO: RESOLUTION NO: Agree to perform the ork / 4 Michael Tobin District Manager CAUsers\Owner,000\Desktop\Mike's\Yakima City Projects\City of Yakima Spring Creek Mitigation (Billy's pond)\Task Assignment NYCD final.docx Page 3 of 3