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HomeMy WebLinkAbout032811_ca10 .__ Consent Agenda -~ON_C' (~~!)~ JEFFERSON COUNTY PUBLIC HEALTH "i;.;,;~'" 615 Sheridan Street. Port Townsend . Washington . 98368- . '~1._0- www.Jeffersoncountypubllchealth.org February 18, 2011 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST FROM: DATE: SUBJECT: Board of County Commissioners Philip Morley, County Administrator Stuart Whitford, Environmental Health Director rh.M~ aB I d-.@II Agenda Item - Contract Agreement with Jefferson County Conservation District in connection with Chimacum Creek Clean Water Project, Amendment #1; November 18, 2010 - June 30, 2011; No additional funding requested TO: STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Department, Is requesting Board approval of the Contract Agreement with Jefferson County Conservation DIstrict In connection with Chlmacum Creek Clean Water Project, Amendment #1; November 18, 2010- June 30, 2011; No additional funding requested J!NAL YSIS/STRATEGIC GOALS/PRO'S and CON'S: This Is an amendment to the existing contract. This amendment extends the period of performance to reflect an extension by the Department of Ecology and revises the SOW. The contractor will continue to perform water quality monitoring activities and Best Management Practice Implementation In connection with Chlmacum Creek Clean Water Project. JCCD will update the drainage-wide plan, analyze sampling results, submit data In a final report and conduct final outreach activities. FISCAL IMPACT /COST BENEFIT ANALYSIS: This contract is funded by a Department of Ecology Centennial Qean Water grant. No additional funding Is requested. RemaInIng funds have been allocated to existing tasks In a revised budget. RECOMMENDATION: JCPH management requests approval of the Contract Agreement with Jefferson County Conservation DIstrict in connection with Chlmacum Creek Clean Water Project, Amendment #1; November 18, 2010 - June 30, 2011; No additional funding requested 3/;(1/ Date COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: (360) 385-9400 FAX: (360) 385-9401 PUBLIC HEALTH AlWAYS WORKING FOR A SAFER lliIO HEALTHIER COMMUNIn ENVIRONMENTAL HEALTH WATER QUALITY MAIN: (360) 385-9444 FAX: (360)379-4487 ~~ . CONTRACT AMENDMENT #1 Between Jefferson County Conservation District And Jefferson County THIS AGREEMENT was entered into between the County of Jefferson, a municipal corporation here inaner referred to as ''the County", and the Jefferson County Conservation District, hereinafter referred to as "the Contractor", on October 21, 2006, in consideration of the mutual benefits, terms, and conditions hereinafter specified. I. Proiect Designation. The Contractor is retained by the County to perform water quality monitoring activities and Best Management Practice Implementation in connection with the Chimacum Creek Clean Water Project. This amendment extends the project deadline and adjusts the distribution of remaining unspent funds to existing tasks. 2. SCODe of Services. Contractor agrees to perform the revised scope of services, identified on Exhibit A, Revised ScopeofWork, attached hereto, including the provision of all labor, materials, equipment, and supplies. All other required performance in the original scope of work has been completed by the Contractor except for the items in Exhibit A. 3. Revised Budget. A revised budget is included in Exhibit A distributing unspent funds to existing tasks. The total amount remains the same. '" 4. Time for Performance. This amendment extends the agreement and continues through June 30, 2011 unless terminated as provided herein. . All other terms and conditions of the original agreement and any amendments remain in full force and effect. DATED this day of ,2011. By John Austin, Chair Jefferson Board of County issioners By Glen Huntingford Jefferson County Co servation District Attested: Clerk of the Board ~rov~ 3 )2/Z3\\ David Alvarez, Chief Civil PA Page 1 of3 ~ Chimacum Creek Contract Aqreement Jefferson County Conservation District & Jefferson County Exhibit A Revised Scope of Work (2011 revisions in bold and italics) Task 1 - Proiect Administration/Management Required Performance: 4. Submittal of draft project completion report to the County no later than June Iff', 2011. 5. Submittal of final project completion report to the County no later than June 2,fh, 2011. Task 2 - Water Ouality Sampling and Analvsis Required Performance: 11.5 Conduct additional sampling where needed to pinpointfecal coliform sources. 12.5 Submit all water quality data to Ecology's Environmental Information Management (ElM) system and provide documentation that this was completed by June 2.fh, 2011. 13.5 Write final report that describes all project deliverables, including an assessment of all water quality data collected and analyzed. Task 3 - Pollution Identification and Correction Required Performance: 3. Update the drainage-wide plan to implement BMPs to address high temperature and invasive plant infested corridors ofChimacum Creek. Submit the plan to the County by May 30, 2011. Task 4 Best Management Practices Implementation Required Performance: 1. Update drainage-wide conservation plan by May 30,2011. 3. Develop individual Farm Plans for approximately 10 farms for riparian restoration by May 30, 2011. 5. Prepare and plant 2,000 feet of stream bank by May 30,2011. 6. Invasive vegetation removed along two miles of waterway by May 30,2011. Task 5 - Public Outreach and Education Required Performance: I. Participate in two public information meetings in the project area to discuss project results. 4. The Contractor will conduct one workshop for livestock owners on BMPs and services available by May 30, 2011. Page 2 of 3 -. Chimacum Creek Contract Aareement Jefferson County Conservation District & Jefferson County Revised Budaet JCCD Chimacum Creek (;]60tract Budget ~ ~ ~ ~ ~ ~ - ~ Original Funds spent Funds Revised Budget thru 11/Z010 Remaining Z011 Budget Budget Task 1 $ 5,052.00 $ 13,057.88 $ (8,005.88) $ 3,000.00 $ 16,057.88 TaskZ $ 102,013.00 $109,659.72 $ (7,646.72) $ 16,000.00 $ 125,659.72 Task 3 $ 7,745.00 $ - $ 7,745.00 $ - $ - Task 4 $ 65,844.00 $ 32,120.80 $ 33,723.20 $ 16,639.43 $ 48,760.23 Task 5 $ 16,142.00 $ 4,318.17 $ 11,823.83 $ 2,000.00 $ 6,318.17 Totals $196,796.00 $ 159,156.57 $ 37,639.43 $ 37,639.43 $196,796.00 Page 3 of3 .....'\. ( ( AGREEMENT Between Jefferson County Conservation District And Jefferson County TIllS AGREEMENT is entered into between the County ofJefferson a municipal corporation, hereinafter referred to as "the County'" and Jefferson County Conservation District, (JeCD), hereinafter referred to as "the Contractor", in consideration of the mutual benefits, tenns, and conditions hereinafter specified. 1. Proiect DesianAtion. The Contractor is retained by the County to perform water quality monitoring activities and Best Management Practice Implementation in connection with theChimacum Creek Clean Water Project. d. Payment as provided in this section shal1 be full compensation for work performed, services rendered and for all materials, supplies, equipment and ( incidentals necessary to complete the work. e. The Contractor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of six (6) years after final payments. Copies shall be made available upon request. S. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractors endeavors. 6. Comoliance with laws. Contractor shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and 10ca1laws, ordinances and regulations, applicable to the services to be rendered under this agreement. 7. Indemnification. Contractor shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 8. Insurance. The Contractor shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48.05: a. Worker's compensation and employers liability insurance as required by the State of Washington. b. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $300,000 each occurrence. 9. Indeoendent Contractor. The Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insnrance program, otherwise assnrning the duties of an employer with respect to Contractor, or any employee of Contractor. ( 10. Discrimination Prohibited. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. Assi~ent and Subcontractinl!. The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 12. Termination. a The County reserves the right to terminate this agreement at any time by giving ten (14) days written notice to the Contractor. b. In the event of the death of a member, partner or officer of the Contractor, or any ofits supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of this agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this agreement between surviving members of the Contractor and the County, if the County so chooses. 13. Intearated Aareement This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both County and Contractor. DATED this &nd daYOfJ,lV\tAr!..vy ,2007. JIM!:- Jefferson Board of County Commissioners li..pproved as to form only: I Ll'26 IO~ Jeffernon Co. Prosecutor's By Attested: Exlu"bit A Scone of Work Jefferson Co. Conservation District Task 1 - Proiect Administration/Manal!ement A. JCCD shall administer the project responsibilities as outlined in other tasks. Responsibilities shall include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; attainment of all required permits, licenses, easements, or property rights necessary for the proj ect; and submittal of required performance items. B. JCCD shall mHnHge the project responsibilities as outlined in other tasks. Efforts shall include conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with Jefferson County Public Health (JCPH) and Washington Department of Ecology (WDOE) designees, all affected local, state, or federal jurisdictions, and/or any interested individuals or groups. JCCD shall carry out this project in accordance with any completion dates outlined in this agreement. C. JCCD shall submit all invoice voucher submittals and supportive documentation, to the JCPH Financial Manager. . D. JCCD shall submit to the JCPH Project Manager the following documents. . Draft project completion reports . Final project completion reports . Electronic copy of final project completion report The final project completion report shall contain deliverables (milestones) from each task, a snmmHry page stating the items completed in each task, and a table of contents. The final completion report shall be due 45 days prior to the expiration date. E. Required Performance: 1. Effective arlministration and management of JCCD responsibilities in this grant project. 2. Maintenance of all project records. 3. Submittal of all required performance items, progress reports, financial vouchers, and maintenance of all project records. 4. Submittal of draft project completion report to JCPH no later than September 30, 2010. 5. Submittal of fina1 project completion report to JCPH no later than November 1, 2010. Task 2 - Water Qualitv Samnlinl! and Analvsis A. Prior to initiating water quality monitoring activities, JCCD sha1l prepare a Quality Assurance Project Plan (QAPP) in accordance with the DOE's Guidelines for Preparing Quality Assurance Project Plans for Enviromnental Studies. JCCD may also reference Techuical Guidance for Assessing the Quality of Aquatic Enviromnents, February 1994 (Ecology Publication No. 91-78, available on the DOE's Publications website at http://www.ecy.wa.gov/biblio/9178.html), in developing the QAPP. The QAPP shall include detailed information on the water quality monitoring approach and laboratory protocols, including types of data and samples to be collected, sample location. sampling frequency, sampling procedures, analytical methods, quality control procedures, data handling protocols, and data assessment procedures. Any discnssion of the monitoring approach must also include an explanation of how the project will yield sufficient information to achieve the purpose and intent of monitoring. A discussion of data accuracy and statistical requirements will be included. The QAPP shall be submitted to the DOE for review, comment, and approval PRIOR to commencing enviromnental monitoring activities. Water samples requiring bench testing shall be analyzed by an enviromnenta11aboratory accredited by the DOE. All monitoring data collected or acquired under this agreement shall be managed in order to be available to secondary users and meet a ten- (10) year rule. The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken, ten years after the data are collected. To assist in this effort, the DOE has created a database and data format for enviromnental data. JCCD shall submit all monitoring data to JCPH and DOE consistent with the DOE~s Enviromnentallnformation Management System (ElM) format The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data B. JCCD will assist JCPH to prepare a plan for restoring Chimacum Creek to water quality standards for temperature and fecal coliform bacteria. The plan will be submitted to the DOE for approval. C. JCCD will conduct water quality sampling for fecal coliform bacteria and temperature at 26 stations throughout the drainage and temperature at 35 or more stations. Frequency and dates of sampling are listed in Task 2.E. D. JCCD will coordinate with NOSC staff and trained volunteers will collect macro- invertebrate samples in key corridors of Chimacum Creek following Benthic-Index of Biological Integrity (B-ffiI) protocol guidelines. Ten B-ffiI survey sites will be surveyed in Chimacum Creek. Sampling sites have been selected based on four main criteria: relation to habitat for ESA listed Summer Chum recovery, proximity to habitat restoration sites, substrate suitability for maintaining protocol standards, and proximity to JCCD's long-term water quality sampling sites. E. Reauired Performance: 1. Submit draft QAPP by January 30, 2007 with the intention to have a QAPP approved by April 30,2007. 2. Locate all temperature and fecal coliform monitoring stations and obtain landowner permission to sample by April 30, 2007. 3. Purchase temperature data loggers by January 31, 2007. 4. Perform laboratory quality control check on temperature data loggers by March 28,2007. Replace any defective temperature data loggers by May 15, 2007. 5. Install all temperature data loggers by May 15,2007. Temperature data loggers will begin recording temperature every hour beginning on May 15, 2007. 6. Remove and download all temperature data loggers after September 30, 2007. 7. Submit temperature charts to JCPH by November 30,2007, 8. Re-install all temperature data loggers by May 15,2008 and 2009. 9. Remove and download all temperature data loggers after September 30, 2008 and 2009. 10. Submit temperature charts to JCPH by November 30, 2008 and 2009. 11. Collect fecal coliform samples monthly from October 2007 to September 2008 and from October 2009 to September 2010. 12. Submit raw fecal coliform data to JCPH in January, April, July, and October of2008 and 2010. 13. Analyze temperature and fecal coliform data to include in final report. 14. Collect benthic invertebrate samples with volunteer teams and school groups each year in 2007,2008, and 2009. IS. Process three replicate samples from each often sites by June each year 2008,2009, and 2010 thus creating a Benthic Index of Biological Integrity (B-ffiI), disseminate information through newsletter and public and classroom presentations. 16. Submit a report to JCPH discussing the B-ffiI findings by June of2008, 2009, and 2010. Task 3 Pollution Identification and Correction A. JCCD will conduct a stream reach audit based on existing water quality data which will identify high-priority stream reaches throughout the Chimacum Watershed. B. JCCD will conduct stream audits in low-flow areas to determine the best course of action that will address invasive plants that are causing blockages and high temperatures in the stream corridor. Using information from the andits, JCCD will develop a plan to implement BMPs that address high temperatores and invasive plants that are interfering with salmon rearing and spawning throughout Chimacum Creek. The plan will be used as a template for future water quality projects in Jefferson County. C. Required Performance: 1. During the first year of the project, the JCCD will conduct stream audits in the project area. 2. JCCD will report findings to JCPH by December 31 st, 2007. 3. Prepare a drainage-wide plan to implement BMPs to address high temperature and invasive plant infested corridors of Chimacum Creek. Submit the plan to JCPH by December 31, 2008. Task 4 Best Manae;ement Practices Imulementation A. JCCD will develop a drainage-wide conservation plan that addresses agricultural waste and run-off identified on farms through the stream-reach audit phase of the project. JCCD will develop a template to prepare farm plans for each cooperating farm found to be contributing fecal coliform pollution during the pollution identification and correction phase of the project. B. JCCD will implement BMPs on each cooperating property based on a priority list that ranks properties according to water quality impacts. JCCD will implement DOE approved BMPs detailed in each respective farm plan provided adequate funding for BMP implementation is available. C. Technical assistance for eligible water quality related agriculture activities provided under the terms of this grant shall be consistent with current U.S. Natural Resources Conservation Service (NRCS) standards and/or Technical Guide. However, technical assistance, proposed practices, or project designs that do not meet these standards may be accepted if approved in writing by the NRCS and the DOE. D. All best management practices (BMPs) will be implemented according to NRCS Standards and Specifications. E. If JCCD wishes to design a buffer not consistent with requirements below, JCCD shall submit a plan to the DOE for approval and a written explanation as to why the following requirements cannot be met. In addition to these specific requirements, all restoration activities must be consistent with the Stream Habitat Restoration Guidelines (see Attachment 2 for applicable document reference): 1) Riparian Buffers: a. For agricultural areas, minimmn buffer size for streams shall be an average width of 35 feet (on both sides of the stream). For those streams wbich provide habitat for endangered or threatened aquatic species, the minimum buffer size shall be an average of 50 feet. For all such streams, it is recommended that JCCD use Washington Department ofFish and Wildlife buffer widths found in the Final Joint Washington Department of Fish and Wildlifeffribal Wild Salmonid Policv. When buffers are to be created in forested areas, buffer width must also be consistent with Forest Practices Rules. b. JCCD shall obtain a conservation easement or a landowner agreement signed by the landowner prior to the establishment of a riparian buffer on private property. The conservation easement shall be consistent with Funding Guidelines V olmne One. The easement or a landowner agreement must be effective for a minimutri of ten- (10) years unless otherwise authorized by the DOE. c. JCCD must develop a written and signed three- (3) year maintenance plan prior to establishing all riparian buffers. This plan shall detail responsibilities for both the landowner and JCCD and must include details concerning, but not limited to, watering plants, replacing dead plants, controlling noxious weeds, and repairing and maintaining buffer fencing. d. Buffers established as part of this grant may not violate county Critical Area Ordinances, county Shoreline Rules, and/or other state and local regulations. 2) Riparian Plantings: a. JCCD may subcontract with North Olympic Salmon Coalition (NOSC) for implementation of riparian planting projects b. JCCD/NOSC will develop plans for all riparian plantings, prior to establishment, which include plant locations and species. The plan shall be based on an assessment of native plant associations and community types c. JCCD/NOSC shall only plant species, which may be shown to be riparian in nature and indigenous to the primary watershed where the buffer is being established (ask the question, "Would this plant historically have occurred at this site?''). d. ICCD/NOSC sha11, to the greatest extent possible, use genetica11y appropriate plant materials collected from the primary or secondary watershed where the buffer is to be established. e. ICCD/NOSC sha11, to the greatest extent possible, utilize plant species which are early successional within the primary watershed. Early successional species are those whose characteristics are such that they are first to colonize after a disturbance. 3) Streambank Protection: a. Streambank protection projects must not stand alone, but be part of a larger riparian buffer project. The project must include the buffer and planting requirements listed above. b. Rock should not be used to armor a bank against the erosive forces of a stream or river unless a bridge, road, or other man-made structure cannot be protected by any other means. In any situation where rock is to be used, the ICCD must submit the design to the DOE for review and approval. c. Streambank protection designs must be consistent with the Aauatic Habitat Guidelines Intel!I'ated Streambank Protection docwneJi.t provided by the DOE of Ecology upon request or found at the following website: htto://www.wa.l!ovlwdfw/hab/ahwstrmbank.htm 4) Livestock Watering: a. If the ICCD proposes to convey water from a stream or river to a stock tank, the project must be consistent with the Policy for Conveyinl! Stockwater Awav From Streams to Protect Water Quality (Water Resources Program Policy POLo! 025). This policy allows small amounts of water consistent with historic practice to be diverted to stockwater tanks for conswnption by livestock. b. Off-stream watering systems shall be the priority above designs that include water gaps in fencing for livestock access. If the JCCD wishes to design water gaps, a plan must be submitted to the DOE which details the design and a description of why off-stream systems cannot be utilized as well as detailing how potential impacts to water quality resulting from water gaps will be minimized. ( I F. Required Performance: Develop a drainage-wide conservation plan by December 31st, 2008. Develop template for farm plans. Develop individual Farm Plans for approximately 10 farms for riparian restomtion by December 31 st, 2008. Plant, water, and control weed competition of 1,000 new riparian trees per year in 2007-2009 (3,000 trees total to be completed before May 2009). Gather and train 100 students and community members to plant, water, and weed. Acquire at least 3.000 trees and rear in three Chimacum Valley volunteer nurseries. Prepare and plant 2,000 feet of stream bank by May 2009. Invasive vegetation removed along two miles of waterway by 2009. 1. 2. 3. 4. a. b. 5. 6. Task 5 - Public Outreach and Education A. JCCD will participate in two informational meetings organized by JCPH to introduce the project to residents in the project area. B. JCCD will provide information to JCPH for a quarterly newsletter to the residents in the project area. The newsletter will discnss project results, BMPs, water conservation tips and other key issues specific to the project area. C. JCCD will participate in two mid-project and two end-of-project meetings to discuss results of the project with the residents in the project area. D. Provide three copies of all educational materials to JCPH, including: 1. Tangible items, such as: brochures, manuals, pamphlets, door-hangers, videos, audio tapes, CDs, curricula, posters, media announcements, refrigemtor magnets. 2. Names and contact information oflocal project leads 3. Computer:file copies of education products and websites on CD-ROM 4. Technical assistance tools if they are disseminated to a group 5. For items where providing a copy is impmctical, such as a sign, display, workshop, or educational program, provide a complete description including photographs. E. Required Performance: 1. Participate in six information meetings in northern and southern parts of project area to introduce project to residents in project area. 2. Assist JCPH to advertise the informational meetings in the JCCD newsletter, by doorhanger, and NOSC websites four weeks in advance. 3. Contribute to a quarterly newsletter to residents in project area regarding project results, BMPs, water conservation tips, and other key issues. ~. ( ( Budget: For Informational Onlv . . ~ J! t ,g t i " I I .Ii ;; 0 ~ E " ~ '" i ~ .. 0 I ! ~ i + % E in fl 0- I .If i iii s J!! '6 ~ 1 {!. cZ .5 ~ j :Ii! Task 1 5370 1590 6960 Task 2 64135 15.812 6.000 4.140 4000 1022 9600 16000 120 709 Task 3 8.427 2093 10 520 Task 4 37970 9505 . 7600 19.200 3000 77175 Task 5 16.973 4.218 21191 Total Including 33.218 4140 4000 19.200 match 132 875 6000 1022 7600 9600 16 000 3000 236.555 . . match 39759 Total less 7Mn 19.200 match 93.116 33 216 6000 4.140 4000 1022 9600 16.000 3000 196796 '. . lolalless - TOTAL Match match Task 1 6960 1908 5052 I. task 2 120 709 18966 101743 task 3 10.250 2,505 7745 task 4 77175 11331 65 844 task 5 21191 ~ 5049 16142 23S;llll5 39759 196796 - 1}?lp~