HomeMy WebLinkAbout032811_ca09
_ Consent Agenda
-ON .,
(.t~;~ JEFFERS9N COUNTY PUBLIC HEALTH
'~;~'" 615 Shendan Street. Port Townsend .Washmgton. 98358
'{IN"_ - www.jeffersoncountypubllchealth.org
February 22, 2011
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Environmental Health Director
DATE: March 28, 2011
SUBJECT: Agenda Item - Contract Amendment #1 for Jefferson County
Conservation District in connection with Discovery Bay Clean Water
Project; September 17, 2007 - December 31,2011; No additional
funding requested
STATEMENT OF ISSUE:
Jefferson County Public Health, Water Quality Department, Is requesting Board approval of the
Contract Amendment #1 for Jefferson County Conservation DIsbict In connection with Discovery Bay Clean
Water Project; September 17, 2007 - December 31,2011; No additional funding requested.
ANALYSIS/STRATEGIC GOALS/PRO'S and COl'!'S:
This Is an amendment to the existing contract. This amendment revises the SOW. The contractor will
continue to perform water quality monitoring activities and Best Management Practice Implementation In
connection with Discovery Bay Clean Water Project. JCCD will analyze sampling results, submit data in a
flnal report and conduct flnal outreach activities.
FISCAL IMPACT ICOST BENEFIT ANALYSIS:
This contract Is funded by the Department of Ecology Centennial Clean 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 Amendment #1 for Jefferson County Conservation
Dlsbict In connection with Discovery Bay Clean Water Project; September 17, 2007 - December 31, 2011;
No additional funding requested.
ft~~/
or Date
COMMUNITY HEALTH
DEVELOPMENTAL DISABILITIES
MAIN: (360) 385-9400
FAX: (360) 385-9401
PUBLIC HEALTH
AlWAYS WORKING FOR A SAFER AND
HWTHIER COMMUam
ENVIRONMENTAL HEALTH
WATER QUALITY
MAIN: (360) 385-9444
FAX: (360)379-4487
"'"
~
"
CONTRACT AMENDMENT #1
Between
Jefferson County Conservation District
And
Jefferson County
TIllS AGREEMENT is entered into between the County of Jefferson, a municipal corporation hereinafter
referred to as "the County". and the Jefferson County Conservation District, hereinafter referred to as "the
Contractor", on September 17, 2007, 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 Discovery Bay Clean
Water Project. This amendment amends the scope of work and adjusts the distribution of remaining
unspent funds to existing tasks.
2. Scope of Services. Contractor agrees to perform the revised scope of services, identified on Exhibit A,
Revised Scope of Work, 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. Term. This contract shall remain in full force until December 31, 2011.
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 Commi ioners
By
Glen Huntingford
Jefferson County Cons
Attested;
Clerk of the Board
3}ZJ2tllJ
David Alvarez, ChiefCivi PA
Page 1 of2
."'"
,
Discoverv Bav Contract Aoreement
Jefferson County Conservation District & Jefferson County
Exhibit A
Revised Scope of Work
(2011 revisions in bold and italics)
Task 1 - Proiett AdministrationlManaeement (No thanees)
Task 2 - Water Duality Sampline and Analvsis
B. The Contractor will conduct water quality sampling for fecal coliform bacteria at +719 stations
throughout the drainage.
Reauired Performance:
2. Collect fecal coliform samples twice-monthly from October 2007 to September 2008 and from
October 2009 to September 2010 and October 2010 to September 2011.
3. Submit raw fecal coliform data to the County by October 31st, 2011 and alert the County to any
anomalous results.
3.5 Submit all water quality data to Ecology's Environmental Information Management (ElM)
system and provide documentation that this was completed by December ISh, 2011.
5. Write final report that describes all project deliverables, including an assessment of all water
quality data collected and analyzed.
Task 3 - Pollution Identifitation and Correction (No Contrador responsibilities)
Task 4 - Best Manaeement Prattites Implementation (No thanees)
Task 5 - Publit Outreath and Edutation
1. Participate in two public information meetings in the project area to discuss project results.
Revised Budllet
Funds spent Funds
Original Budget thru 12/2010 Remaining 2011 Budget Revised Budget
Task 1 $ 3,750.00 $ 7,182.02 $ (3,432.02) $ 3,000.00 $ 9,182.02
Task 2 $ 131,250.00 $ 75,010.86 $ 56,239.14 $ 30,000.00 $ 123,856.25
Task 4 $ 69,895.00 $ 10,484.89 $ 59,410.11 $ 73,755.50 $ 66,895.00
Task 5 $ 1,500.00 $ 4,961.73 $ (3,461.73) $ 2,000.00 $ 6,461.73
Totals $ 206,395.00 $ 97,639.50 $ 108,755.50 $ 108,755.50 $ 206,395.00
Page 2 of2
\ .
<
(
CONTRACT AGREEMENT
Between
Jeffenon County Cf}nservation District
And
Jeffenon County
TIllS AGREEMENT is entered into between the County of Jefferson a municipal corporation,
hereinafter referred to as "the County", and Jefferson County Conservation District, (JCCD),
hereinafter referred to as "the Contractor", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. Proiect Designation. The Contractor is retained by the County to perform water quality
monitoring activities and Best Management Practice Implementation in connection with
the Discovery Bay Clean Water Project.
2. Scope of Services. Contractor agrees to perform the services, identified on Exhibit "A",
Statement of Work, attached hereto, including the provision of all labor, materials,
equipment and supplies.
3. Time for Performance. This Agreement shall commence on September 17, 2007 and
continues through December 31, 2011 unless terminated as provided herein. The
agreement may be extended beyond December 31, 2011 upon mutual written consent of
the County and the Contractor.
4. Payment. The Contractor shall be paid by the County for completed work and for
services rendered under this agreement as follows:
a. Payment for the work provided by Contractor shall not exceed $206,395 without
express written modification of the agreement signed by the County.
b. The Contractor may submit vouchers to the County once per month during the
progress of the work for work completed to date. Such vouchers will be checked
by the County, and upon approval thereof, payment will be made to the Contractor
in the amount approved.
c. Final payment of any balance due the Contractor of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work under this agreement and its acceptance by the
County.
d. Payment as provided in this section shall 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.
5. 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 wbich 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 nse in
connection with Contractor's endeavors.
6. Compliance with laws. Contractor shall, in performing the services contemplated by this
agreement, faithfully observe and comply with all federal, state, and local laws,
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 employer's 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 vebicles assigned to or nsed
in the performance of the work for a combined single limit of not less than $300,000
each occurrence.
9. Independent 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 insurance program, otherwise assuming 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. Assionment and Subcontractina, 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 ofa member, partner or officer of the Contractor, or any
of its 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 barto
renegotiations of this agreement between surviving members of the Contractor
and the County, if the County so chooses.
13. Integrated Aureement. 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.
DATEDtbis
I!J rb.
day of '--d!2e-~ .2007.
By~
Phil John"On, hAir
. Jefferson Board of County Connnissioners
Contractor
Jefferson County
Approved as to form only:
D . 01/3/&7
Jefferson Co. PtQSlilwtot' OffIg!)
By
Attested:
{)(J).{ ~ Cl1/{
gflputy/C1e of the Board
Exhibit A
Seope of Work
Jefferson Co. Conservation District, Discovery Bay CCWF grant
Task 1 - Proiect AdministrationlManal!:ement
A. ICCD shalloominister 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 procmement, contracting, and interlocal agreement requirements; attainment
of all required permits, licenses, easements, or property rights necessary for the project;
and submittal of required performance items.
B. ICCD shall manage the project responsibilities as outlined in other tasks. Efforts shall
include conducting, coordinating, and scheduling project activities and assming quality
control. Every effort will be made to maintain effective communication with the ICPH
and WDOE designees, all affected local, state, or federal jurisdictions, and/or any
interested individuals or groups. ICCD shall carry out this project in accordance with any
completion dates outlined in this agreement.
C. ICCD shall submit all invoice voucher submittals and supportive documentation to the
ICPH Financial Manager.
D. ICCD shall submit to the ICPH 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 snmmary page stating the items completed in each task, and a table of contents. The
final completion report shall be due 4S days prior to the expiration date.
E. Required Performance:
1. Effective arlministration and management of ICCD 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 ICPH no later than September 30,
2011.
Task 2 - Water Quality Sampling and Analvsis
A. Prior to initiating water quality monitoring activities, ICCD shall prepare a Quality
Assurance Project Plan (QAPP) in accordance with the DOE's Guidelines for Preparing
Quality Assurance Project Plans for Environmental Studies. ICCD may also reference
Teclmical Guidance for Assessing the Quality of Aquatic Environments, February 1994
(Ecology Publication No. 91-78, available on the DOE's Publications website at
http://www.ecy.wa.govlbiblio/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 discussion 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 environmental
monitoring activities.
Water samples requiring bench testing shall be analyzed by an environmental laboratory
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, too years after the data are
collected. To assist in this effort, the DOE has created a database and data format for
environmental data.
ICCD shall submit all monitoring data to ICPH and DOE consistent with the DOE's
Environmental Information Management System (ElM) format. The data submittal
portion of the ElM website provides information and help on formats and requirements
for submitting tabular data
B. ICCD will assist ICPH to prepare a plan for restoring Discovery Bay Watershed to water
quality standards for fecal coliform bacteria. The plan will be submitted to the DOE for
approval.
C. ICCD will conduct water quality sampling for fecal coliform bacteria at 17 stations
throughout the drainage.
ReQuired Performance:
1. Locate all fecal coliform monitoring stations and obtain landowner permission to sample
by Oct 30, 2007.
2. Collect fecal coliform samples twice-monthly from October 2007 to September 2008 and
from October 2009 to September 2010.
3. Submit raw fecal coliform data to JCPH in January, April, July, and October of2008 and
2010, and and alert JCPH to any anomalous results.
4. Analyze fecal coliform data to include in final report.
Task 3 - Pollution Identification and Correction: No JCCD responsibilities
Task 4 - Best Manal!ement Practices Implementation
A. JCCD will identify and correct sources of fecal coliform pollution from agricultural
operations.
B. JCCD will work with landowners to implement Best Management Practices (BMPs) on
each cooperating property based on a priority list that ranks properties according to water
quality impacts. JCCD will implement DOE approved BMPs 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 mRnR~ement 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, minimum buffer size for streams shall be an average
width of35 feet (on both sides of the stream). For those streams which
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 Washinm:on 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. ICCD 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
Fundinl7 Guidelines Volume One. The easement or a landowner
agreement must be effective for a minimum of ten- (10) years unless
otherwise authorized by the DOE.
c. ICCD 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 ICCD 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. ICCD or landowner may hire contractor or subcontract with North
Olympic Salmon Coalition (NOSC) for implementation of riparian
planting projects
c. ICCD/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?").
c. ICCD/NOSC shall, to the greatest extent possible, use genetically
appropriate plant materials collected from the primary or secondary
watershed where the buffer is to be established.
d. JCCD/NOSC shall, 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 IIIlUl-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 Aquatic
Habitat Guidelines Integrated Streambank Protection document provided
by the DOE of Ecology upon request or found at the following website:
htto:l/www.wa.gov/wdfwlhab/ahg/strmbank.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 Policv for Conveying
Stockwater A way From Streams to Protect Water Oualitv (Water
Resources Program Policy POL-l 025). This policy allows small amounts
of water consistent with historic practice to be diverted to stockwater tanks
for consumption by livestock.
b. Off-stream watering systems shall be the priority above designs that
include water gaps in fencing for livestock access. If the ICCD 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.
F. Required Performance:
1. Identify and correct sources ofFecal coliform pollution from agricultural
operations.
2. Prepare reports on BMP implementation to address water quality problems
identified on farms in the watershed.
3. Develop a drainage-wide conservation plan that addresses agricultura1 waste and
run-off.
4. Develop individual Farm Plans for riparian restoration on private and public
property and farms as requested by landowners.
5. Develop the Snow and Salmon Creek Water Quality Improvement plan.
6. ICCD will work with landowners to implement BMP's throughout the Salmon
and Snow Creek basins.
Task 5 Public Outreach and Education
A. ICCD will participate in two informational meetings organized by ICPH to introduce the
project to residents in the project area.
B. Required Performance:
1. Participate in a minimum of 2 information meetings to introduce project to
residents in project area.
2. Contribute to a quarterly newsletter to residents in proj eet area regarding proj ect
results, BMPs, water conservation tips, and other key issues.
Budl!et:
Task I - Project AdministrationlManagement
$3,750.00
Task 2 - Water Quality Sampling & Analysis
$131,250.00
Task 4 - Best Management Practices Implementation
$69,895.00
Task 5 - Public Outreach and Education
$1.500.00
Total
$206,395.00