HomeMy WebLinkAboutR-1991-D6013 Naches Parkway / Trees•
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RESOLUTION NO.') 6013
A RESOLUTION authorizing the execution of a Grant Agreement
between City of Yakima and the State of Washing-
ton Department of Natural Resources for tree
planting on the Naches Parkway.
WHEREAS, the City of Yakima maintains a parkway on Naches
Avenue which is partially covered by trees; and
WHEREAS, some of the trees on the Naches Parkway are in
need of removal and replacement by new trees; and
WHEREAS, the Washington State Department of Natural
Resources desires to make funds available from the United
States Small Business Administration to the City of Yakima for
tree replanting on the Naches Parkway; and
WHEREAS, the City Council deems it to be in the best
interest of the City of Yakima to execute a Grant Agreement
with the Washington State Department of Natural Resources for
the rementioned purposes, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and
directed to execute the attached and incorporated Grant Agree-
ment Number FY92-024 entitled "Agreement Between State of
Washington Department of Natural Resources and City of Yaki-
ma.
ADOPTED BY THE CITY COUNCIL this /.3 day of October,
1991.
ATTEST:
,g
City Clerk
(res/grntagr.jv)
;;;;Ja
Mayor
Grant Agreement Number FY92-024
AGREEMENT
BETWEEN
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
AND
CITY OF YAKIMA
This agreement is made and entered into by and between the State of
Washington Department of Natural Resources, 234 East 8th St., Olympia, WA
98504, hereinafter referred to as the DNR, and The City of Yakima, 2301
Fruitvale Blvd., Yakima, WA 98902, hereinafter referred to as the Grantee,
for the express purposes set forth in the following provisions.
In consideration of the terms, conditions and covenants contained
herein, or attached and incorporated and made a part hereof, the parties
mutually agree as follows:
SPECIAL TERMS AND CONDITIONS
1. Scope of Activity Under Grant Agreement:
a. The Grantee will perform the work outlined in Attachment B and
complete all certifications and reports required under this agreement.
b. The Grantee shall produce the following: Quarterly progress
reports and one final report summarizing work performed and evaluating
the performance and results of this contract.
All deliverables required under this agreement must be delivered to
the grant manager. All oral reports required under this agreement
must be presented at the location requested by DNR.
c. Attachment B contains the scope of activity, deliverables,
standards, objectives, tasks and costs.
The Grantee shall complete all specified activities including
submission of reports, and/or other required documentation within the
time periods set forth in the agreement.
Failure by the Grantee to make satisfactory progress toward completion
of the activities or project within the timelines specified in this
agreement shall be considered a material breach and shall be grounds
for immediate termination of this agreement by the DNR. The DNR has
sole discretion to determine whether the Grantee is making
satisfactory progress on the activities or project.
2. Conduct of Work: The Grantee shall furnish all necessary qualified
personnel, material,and equipment, and manage and direct the same to
timely complete the activities or project described in this agreement.
3. Period of Performance:
a. Commencement Date: Subject to its other provisions, the period of
performance under this agreement shall commence upon signature of DNR.
b. Completion Date: This agreement shall terminate on April 30, 1992
or when all of its terms and conditions have been satisfied, whichever
is earlier, unless sooner terminated as provided herein.
4. Rights and Obligations: Attachment A contains the General Terms and
Conditions governing the activities to be performed under this
agreement, the nature of the relationship between the DNR and the
Grantee, and specific obligations of both parties. All rights and
obligations of the parties to this agreement shall also be subject to
and governed by Attachment B, incorporated by reference herein.
5. Grant Disbursement and Payment:
a. Amount of Grant. The total grant shall not exceed $24,000. Grant
disbursement shall be on a cost reimbursement basis for costs incurred
by subcontractors on a cost per unit basis.
b. Time of Disbursement. Disbursement shall be made at the
conclusion of the agreement.
Disbursement shall be considered timely if made by the DNR within 30
days after receipt of properly completed invoice vouchers.
Disbursement shall be sent to the address designated by the Grantee.
The DNR may, in its sole discretion, terminate the agreement or
withhold disbursements claimed by the Grantee if the Grantee fails to
satisfactorily comply with any term or condition of this agreement.
c. Method of Disbursement. Grants shall be dispensed as follows: one
time payment at the completion of the contract. Disbursement shall be
made upon submittal of properly completed invoice vouchers. The
Grantee shall submit the required invoices which shall include a
detailed statement of the activities performed for which the Grantee
is basing a disbursement request.
Requests for disbursement under this agreement shall be submitted by
the Grantee on invoice vouchers prepared in the manner prescribed by
the DNR. These vouchers shall include such information as is
necessary for the DNR to determine the exact nature of all
expenditures. Each voucher will clearly indicate that it is for
activities under this agreement. Requests for disbursement shall be
submitted to the DNR grant manager.
d. Expenses. No additional requests for costs or expenses are
allowable. All costs and expenses associated with the Grantee
fulfilling the terms and conditions of the agreement are included in
the amount of the grant stated in section 5(a) and no additional
disbursement shall be made under this agreement.
e. Recapture Provision. In the event the Grantee fails to expend
funds in accordance with any federal or state law or regulation or the
provisions of this agreement, the DNR reserves the right to recapture
funds in the amount equivalent to the amount of noncompliance.
Repayment by the Grantee of funds under this section shall occur
within 30 days of demand.
6. Federal Subcontract: When the DNR is passing federal funds to the
Grantee, the Grantee will be considered a "sub -recipient."
Sub -recipient shall:
a. Adhere to the federal Office of Management & Budget guidelines and
to other applicable federal and state regulations;
b. Provide access to independent auditors to its financial records.
7. Acceptance: Disbursement shall be payable to the Grantee only upon
completion of contract by the Grantee, and acceptance by the DNR. If
a deliverable is not acceptable to the DNR, the DNR shall within ten
(10) working days from receipt, notify the Grantee in writing of the
nature of the defects in the deliverable and any proposed remedy. The
Grantee shall respond to this notice in writing within ten (10)
working days specifying action to be taken so as to permit acceptance
by the DNR.
8. Performance Reporting: The Grantee shall submit periodic progress
reports to the DNR. These reports shall address any adverse
conditions that have affected the project objectives and/or time
schedules, and include action taken to resolve the matter. The
Grantee shall also immediately contact the DNR Grant Manager in person
or by fax or by telephone should any adverse conditions arise. The
progress reports are due to the DNR by December 31, 1991 and March 31,
June 30, and September 30, 1992.
9. Liability Insurance: The Grantee shall not commence work under this
agreement until the Grantee has obtained all the insurance required
and such insurance has been approved by the DNR. Said insurance shall
contain the grant number, a description, and include the State of
Washington, DNR as additional insured.
Where insurance is required by the DNR, the Grantee shall submit the
original Certificate of Insurance to the DNR Grant Manager. All
insurance shall be obtained from an insurance company authorized to do
business in the state of Washington. No cancellation of the foregoing
policies shall be effective without forty-five (45) days prior notice
to the DNR.
10. Grant Manager:
The Grant Manager for the Grantee is:
DAVID FLAHERTY
PARKS AND RECREATION MANAGER
2301 FRUITVALE BLVD.
YAKIMA, WA 98902
The Grant Manager for the DNR is:
MICHAEL PEREZ-GIBSON
COMMUNITY AND URBAN FORESTRY COORDINATOR
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
234 E. 8TH ST.
OLYMPIA, WA 98054
State of Washington
Department of Natural Resources Grantee
Art Stearns
State Forester
APPROVED AS TO FORM:
ioj/
DATE Richard. 2'ais Jr. DATE
Nig
Cheryl ielson DATE
Assistant Attorney General
Title:
Attest:
City Manager
City Clerk
CITY CONTRACT NO. iii /C/A -(9013
1.
ATTACHMENT A
GENERAL TERMS AND CONDITIONS
Identification: The Grant agreement number must appear on all
documents, correspondence, invoices and all other written
material submitted or prepared in conjunction with this
agreement.
2. Independent Capacity of Grantee: The Grantee and its employees
or agents performing under this agreement are not employees or
agents of the DNR. The Grantee will not represent itself nor
claim to be an officer or employee of the DNR or of the State of
Washington by reason hereof, nor will the Grantee make any claim
of right, privilege or benefit which would accrue to an employee
under Washington law.
3. Deduction: The DNR shall make no deductions from the stated
amount of the grant for income tax, social security taxes,
medical insurance, industrial insurance, license fees or
deduction of any other kind. Grantee is responsible for all
deductions for which the Grantee may be liable.
4. Retention of Records: The Grantee shall maintain books, records,
documents and other materials which sufficiently and properly
reflect all direct and indirect costs of any nature expended in
the performance of this agreement. These materials shall be
available at all reasonable times for inspection, review, or
audit by personnel duly authorized by the DNR, and state or
federal officials so authorized by law, rule, regulation or
contract. The Grantee will retain these materials for six (6)
years after settlement or termination.
If any litigation, claim or audit is started before the
expiration of the six (6) year period, the records shall be
retained until all litigation, claims, or audit findings
involving the records have been resolved.
5. Rights of Inspection: The Grantee shall provide right of access
to its facilities to the DNR or any of its officers, or to any
other authorized agent or official of the State of Washington or
the federal government at all reasonable times, in order to
monitor and evaluate performance, compliance, and/or quality
assurance under this agreement.
6. Treatment of Assets: Title to all property furnished by the DNR
shall remain in the DNR. Any property of the DNR furnished to
the Grantee shall, unless otherwise provided herein or approved
by the DNR, be used only for the performance of this agreement.
ATTACHMENT A - 1
The Grantee shall be responsible for any loss or damage to
property of the DNR which results from the negligence of the
Grantee or which results from the failure on the part of the
Grantee to maintain and administer the property in accordance
with sound management practices. Upon loss or destruction of,
or damage to, any DNR property, the Grantee shall notify the DNR
thereof and shall take all reasonable steps to protect that
property from further damage.
The Grantee shall surrender to the DNR all property of the DNR
prior to settlement upon completion, termination or cancellation
of this agreement.
7. Close Out: The Grantee must submit all requests for
reimbursement for activities under this agreement to the DNR so
that they are received no later than thirty (30) days following
the termination of this agreement. If an earlier date is
specified in this agreement, the earlier date shall take
precedence.
8. Non -Discrimination: During the performance of activities under
this agreement, the Grantee shall comply with all federal and
state non-discrimination laws, regulations and policies. In the
event of the Grantee's non-compliance or refusal to comply with
any non-discrimination law, regulation, or policy, this agreement
may be rescinded, cancelled or terminated in whole or in part,
and the Grantee may be declared ineligible for further agreements
with the DNR.
9. Assignability: This agreement, and any claim arising under this
agreement, is not assignable or delegable by the Grantee either
in whole or in part.
10. Subcontracting: The Grantee shall not enter into subcontracts
for any of the activities contemplated under this agreement
without prior written approval of the DNR.
11. Disputes: Except as otherwise provided in this agreement, any
dispute concerning a question of fact arising under this
agreement which is not settled by the parties shall be decided
by the DNR's grant manager who shall reduce his/her decision to
writing and furnish a signed copy to the Grantee. The decision
of the grant manager shall be final and conclusive unless, within
thirty (30) days from the receipt of such copy, the Grantee mails
or otherwise furnishes to the grant manager a written appeal.
The appeal will be decided by a DNR deputy supervisor. The
decision of the deputy supervisor, or duly authorized
representative, for the determination of such appeal shall be
final and conclusive.
ATTACHMENT A - 2
The Grantee does not hereby waive any right to seek review of the
DNR's decision. The parties agree that this dispute process
shall precede any action in a judicial or quasi-judicial
tribunal. However, such further review shall be sought only in
the Superior Court of Thurston County. Pending final decision
of a dispute hereunder, the Grantee shall proceed diligently with
the performance of the agreement and in accordance with the
decision rendered by DNR.
12. Termination for Funding Reasons: The DNR may unilaterally
terminate this agreement in the event that funding from federal,
state or other sources becomes no longer available to the DNR,
or is not allocated for the purpose of meeting the DNR's
obligation hereunder. Such action is effective when the DNR
sends written notification of termination.
13. Termination for Convenience: The DNR may terminate this
agreement in whole or in part by written notice to the Grantee
when it is in the best interest of the DNR. If this agreement
is so terminated, the DNR shall be liable only for disbursements
in accordance with the terms of this agreement for activities
completed prior to the effective date of termination.
14. Indemnification: The Grantee shall defend, protect and hold
harmless the State of Washington, the DNR or any officers or
employees thereof, from and against all claims, suits or actions
arising from the Grantee's acts or omissions which are libelous
or slanderous, result in injury to persons or property, violate
a right of confidentiality, or use or reproduce material of any
kind which constitutes an infringement of any copyright, patent,
trademark or trade name.
15. Publication Rights, and Rights to Data, Patents and Inventions:
The Grantee shall not publish any of the results of the grant
work without the advance written permission of the DNR. Said
requests will not be unreasonably withheld and will be answered
within thirty (30) days of receipt of said request by the DNR.
Unless otherwise provided, data which originates from this grant
shall be "works for hire" as defined by the U.S. Copyright Act
of 1976 and shall be owned by the DNR. Data shall include, but
not be limited to, reports, documents, pamphlets, advertisements,
books, magazines, surveys, studies, computer programs, films,
tapes, and/or sound reproductions. Ownership includes the right
to copyright, patent, register, and the ability to transfer these
rights.
Data which is delivered under the agreement, but which does not
originate therefrom, shall be transferred to the DNR with a
nonexclusive, royalty -free irrevocable license to publish,
translate, reproduce, deliver, perform, dispose of, and to
authorize others to do so: provided, that such license shall be
limited to the extent to which the grantee has a right to grant
such a license.
ATTACHMENT A - 3
16. Industrial Insurance Coverage: The Grantee shall provide or
purchase any necessary industrial insurance coverage prior to
performing activities under this agreement. The DNR will not be
responsible for payment of industrial insurance premiums or for
any other claim or benefit for this Grantee or any agent or
employee of the Grantee which might arise under industrial
insurance laws during performance of activities under this
agreement.
17. Licensing, Accreditation and Registration: The Grantee shall
comply with all applicable local, state, and federal licensing,
accreditation and registration requirements or standards
necessary for the performance of this agreement.
18. Confidentiality: Grantee shall not disclose to any third party
any proprietary or confidential information received from the
DNR, or acquired during the course of activities under this
agreement and shall not use for its own benefit or that of
others, any such information, whether developed in the course of
this agreement or derived from the DNR, except as may be
authorized by the DNR in writing. All information developed in
the performance of this agreement shall be considered the DNR's
proprietary information.
19. Governing Law: This agreement shall be governed by the laws of
the state of Washington. In the event of an inconsistency in
this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the
following order:
a. Applicable federal and state statutes and regulations;
b. The Special Terms and Conditions as contained in
the main agreement
c. The General Terms and Conditions as contained in this
Attachment A;
d. Any statement of scope of activities attached hereto and
incorporated by reference herein; and
e. Any other provisions or attachments of the agreement whether
incorporated by reference or otherwise.
21. Jurisdiction/Venue: This agreement shall be construed and
interpreted under the laws of the State of Washington and the
venue of any action brought under this agreement shall be in the
Superior Court for Thurston County. The Grantee, by execution
of this agreement, acknowledges the jurisdiction of the courts
of the state of Washington in this matter.
ATTACHMENT A - 4
22. Waiver: A failure
constitute a waive
stated to be sL
representative of t
23. Entire Agreement:
stipulations and p]
or representative
parties shall not
representation, pr
changes, amendment
be valid unless re
by the DNR to exercise its rights shall not
r of any rights under this agreement unless
ch in writing signed by an authorized
he DNR and attached to the original agreement.
This document contains all covenants,
-ovisions agreed to by both parties. No agent
�f either party has authority to make, and the
be bound by or be liable for, any statement,
omise or agreement not set forth herein. No
s or modifications of the terms hereof shall
uced to writing and signed by the parties as
an amendment to this agreement.
24. Severability. Iany provisions of this agreement or any
provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions
of this agreement which can be given effect without the invalid
provision, and to this end the provisions of this agreement are
declared to be severable.
ATTACHMENT A - 5
ATTACHMENT B
TITLE: City of Yakima Naches Parkway Tree Planting Project
SCOPE OF ACTIVITY: Under the Small Business Administration
Appropriation Act of 1990, Public Law 101-515 the Grantee will
contract with small businesses to supply and plant approximately
90 trees as specified on Attachment B - 1 "Species List" at sites
owned or controlled by the Grantee along the Naches Parkway as
shown on Attachment B - 2 "Vicinity Map" in accordance with
minimum standards for nursery stock selection, planting and
maintenance.
STANDARDS: For maintenance and planting, the Grantee will meet
"Minimum Maintenance Requirements and Planting Standards"
Attachment B - 3. Grantee will select trees and complementary
vegetation meeting ANSI A60.1-1990 standards.
The Grantee's insurance, equal opportunity and technical
qualification requirements will guide the open, competitive
bidding process for the design, planting and maintenance tasks.
OBJECTIVES AND TASKS: Attachment B - 4 "Project Work Plan" shows
the objectives and tasks to be accomplished under this contract.
COSTS: Attachment B - 5 "Detail of Contract Budget" shows the
sources and uses of funds for the project.
ATTACHMENT B - 1
SPECIES LIST
TREE NUMBER SIZE
"A" to "B" Street
Quercus rubra 22 3" - 4" caliper
"B" to Lincoln Street
Quercus rubra 22 3" - 4" caliper
Lincoln to "D" Street
Acer rubrum 20 3" - 4" caliper
Chestnut to Walnut Streets
Platanus x acerifolia 4 3" - 4" caliper
Walnut to Spruce Streets
Quercus rubra 22 3" - 34" caliper
Attachment B-2
Vicinity Map
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Attachment B-3
Standards
MINIMUM MAINTENANCE REQUIREMENTS AND PLANTING STANDARDS
All of the required maintenance listed below should comply with the
International Society of Arboriculture standards.
1. Provide a minimum of weekly watering during the dry season.
(The use of some type of material to retain moisture is
recommended, i.e., mulch, etc.)
2. Provide developmental trimming at three (3) years old and
again at seven (7) years old as a minimum service level.
Pruning standards shall comply with those of the Western
Chapter of the International Society of Arboriculture.
3. Provide needed pest control for the health of the tree.
4. Provide required staking to ensure proper growth. Remove and
replace as needed.
Tree Planting Standards
by Richard W. Harris, Professor, Environmental Horticulture, and
William B. Davis, Extension Environmental Horticulturist, Davis.
DIGGING THE HOLE
Plant a young tree "high", whether it is bareroot, balled, or
container grown. Dig the hole no deeper than necessary --
approximately 2 inches less than the depth of the soil in the
container or the depth of the soil ball. Planting the tree deeper
or in loose soil may lead to future crown rot problems. Loose soil
in the bottom of the hole will settle, causing the tree to be
planted deeper than intended.
It may be necessary to dig deeply to break up soils that have been
compacted by building construction. When digging compacted soils,
add organic matter to the disturbed soil and irrigate thoroughly.
Delay planting for 2 to 4 weeks to give the soil a chance to
settle.
The hole should be approximately twice as wide as the diameter of
the container or root ball. When planting bareroot trees, make the
hole large enough to take the roots without crowding. Backfill the
hole with the soil dug from the hole. From 15 to 25 percent of
slowly decomposing organic matter may be mixed with the backfill
soil. It is advisable to add organic matter to heavy soils or
extremely sandy soils. Since most nursery trees are grown in
light, sandy organic soils, the organic matter will aid in the
transition from the nursery soil to the landscape soil.
Attachment 8-4
OBJECTIVES AND TASKS:
Small Business Administration Tree Planting
Project Work Plan
Objective I:
To contract with local small business(es) for
the purchase and planting of approximately 90
trees to be planted in five parkways located in
the Naches Parkway in the Spring of 1992.
Estimated Completion Date: November 30, 1991
Task 1.01: Contact local nurseries and request
bids for purchasing and planting of
trees.
Estimated Completion Date: October 20, 1991
Task 1.02: Visit selected nurseries to inspect
trees for size, condition and selec-
tion.
(CONTINUED ON NEXT TWO PAGES)
Estimated Completion Date: October 30, 1991
Objective 11: Remove existing trees (as appropriate) from the
five parkways.
Objective 111:
Estimated Completion Date: November 30, 1991
Task 2.01: Inspect existing trees within the
five parkways for condition and
mark for removal those trees that
are unhealthy and present a safety
hazard.
Estimated Completion Date: October 15, 1991
Task 2.02: Coordinate the removal of existing
trees (as appropriate) with PP&L
tree maintenance crews.
Estimated Completion Date: November 30, 1991
Task 2.03: Contract with local small business
for stump grinding.
Estimated Completion Date: November 30, 1991
Task 2.04: Landscape (top soil and grading)
areas where existing trees have been
removed.
Estimated Completion Date: November 30, 1991
To plant approximately 90 trees (as specified on
Attachment B-1) throughout five (5) blocks of
the Naches Parkway.
Estimated Completion Date: April 30, 1992
Task 3.01: Plant 66 Quercus Rubra
Estimated Completion Date: March 30, 1992
Objective IV:
Task 3.02: Plant 20 Acer Rubrum
Estimated Completion Date: April 15, 1992
Task 3.03: Plant 4 Platanus Xacerifolia
Estimated Completion Date: April 15, 1992
To meet minimum maintenance and planting
standards.
Estimated Completion Date: On Going
Task 4.01: Provide required staking to ensure
proper growth.
Estimated Completion Date: April 15, 1992.
Note: Initial staking to be done at time of
planting. Subsequent removal and replace-
ment will be done as needed.
Task 4.02: Provide minimum maintenance
standards on an annual basis.
Estimated Completion Date: On Going
COSTS: Attachment B -5 "Detail of Contract Budget" shows the
sources and uses of funds for the project.
Attachment 13-.5
DETAIL OF CONTRACT BUDGET
Subrecipient: City of Yakima
Object Categories Federal Non -Federal Total
Personnel 2,850 2,850 Lawn rennovation
Maintenance
Fringe Benefits 0 0
Travel 0 0
Equipment 0 0
Supplies 0 0 0
Contractual 24,000 13,500 37,500 Purchase & plant
City pays for
Other 0 0 removal,irrigation
Total Direct Charges 24,000 16,350 40,350
Indirect Charges 0 0 0
TOTAL COSTS 24,000 16,350 40,350