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HomeMy WebLinkAbout081511_ca03 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, Coimty AdminiAtrator FROM: Eve Dixon (NoxioUs Weed Control) DATE: August lStl1 2011 RE. . . Contract with DNR to allow aeeess for Imotweed survey and treatment STATEMENT OF ISSUE: The Quinault Indian Nation has a grant from the EPA to survey and treat invasive knotweed in the Queets and Clearwater watersheds in the west end of Jefferson County. The Quinaults are contracting with the Jefferson County Weed Board to solicit agreements or contracts with landowners, allowing entry onto ~eir land for knotweed survey and treatment. ANALYSIS: Knotweed is an extremely invasive plant which is taking over stream and river banks. It displaces native vegetation, disrupts ecological processes and can degrade habitat for threatened salmon species. It can also dmnage structures and reduce property vales. Finding and controlling knotweed benefits the entire co=unity. FISCAL IMPACT: This project will provide employment for at least six people in the west end of Jefferson County. RECOMMENDATION: Approve this contract so that work can proceed. DEPARTMENT CONTACT: Eve Dixon. 360-379-5610 ext 205. edixon@co.iefferson.wa.us gk# Date " ~ .. . WASHINGTON STATE DEPARTMENT OF Natural Resources Peter Goldmark ~ Commissioner of Public lands LAND USE LICENSE ("Lieense") FACE SHEET License No. 50-0Ll113 DNR Olympic Region Jefferson County License authorization period: FROM August 1,2011 THROUGH December 31, 2012 Specify other times as applicable: N/A License Area (legal description/other identifYing descriptors): See map attached. Name of Licensee: Jefferson County Business: Jefferson County Noxious Weed Control Board Address: 201 West Patison Port Hadlock W A 98339 Phone: (360) 379-5610 Ext 205 FAX: '(360) hereafter referred to as "Licensee," is hereby authorized by the Department of Natural Resources, hereafter referred to as .State,. during the specified time period to use land in the above described location; and/or the facilities (improvements) listed below: 1. N/A Pennitted Use(s): I. Application to control the presence ofknotweed species on State land as shown in Exhibit Map in the Clearwater, Queets and Salmon River drainage's. Performance Security: Not Required Amount $0.00 Liability Insurance Required: Yes (see Addendum A, Insurance Requirements, for specifics) July 13, 2011 1 Land Use License No. SO-OL1113 , ISSUANCE of this License is subject to the terms and conditions on appended pages (listed below and by this reference made a part of this License): . Addendum A - Terms and Conditions of Land Use License Exhibit A - Maps of authorized assessment location for Licensees Exhibit B - HCP Requirements (use only if License is in the HCP Permit Areas) and payment to the State of the sum of $0.00 (pIns leasehold excise tax if applicable) The undersigned hereby accepts this License subject to the terms and conditions expressed or implied herein. Licensee: Signature Date UBI No. (if applicable) Authorizing Official: Susan K. Trettevik Date Olympic Region Manager Approved for HCP Clause, February 8, 1999. by James Schwartz Assistant Attorney General State of Washington Note: 1) License mnst be available on site for inspeetion during licensed activity. 2) This license does not resen'e eampgronnd or trails. July 13, 2011 2 Land Use License No. 50-0L1113 ADDENDUM "A" - TERMS AND CONDmONS FOR LAND USE LICENSE TERMS: 1. Puroose. By issuance of this License, State is conferring the privilege of use of the land and/or improvements herein described. and expressly retain exclusive possession of same. 2. License Authorization Period. This License is limited to the license authorization period(s) specified on/ace sheet and is not subject to renewal. 3. Revocation. This License may be revoked at will, including under the following circumstances: a. immediately upon material breach of any of the conditions herein or, for reasonable cause, by the State's authorized representative without compensation to the Licensee or liability to State; b. upon sixty (60) days' written notice in the event the State includes the License area in a plan for higher and better use, land exchange or sale; c. up to 24 hours in advance of the licensed activity due to adverse and extraordinary weather conditions (e.g., high fire danger) which could adversely affect public resources. Any fees paid will be kept on account to be applied if and when the activity is rescheduled. 4. Non-Transferrable. This License is personal to the Licensee and may not be transferred. 5. Encumbrances. This License is subject to any rights and valid claims previously conveyed by State, and to any rights and valid claims pending on or encumbering License area. 6. Compliance. State retains possession of and the right to access License area at any and all times to ensure compliance or carry out any mAnAgement activities. 7. Access. Provisions for the use of rights of way across State land, including the License area and adjacent land are as follows: a. A nonexclusive right to use existing State road(s) over and across State land to access the locations shown on the map(s) attached as Exhibit A. 8. Condition of Premises. Licensee has inspected the License area and accepts it in its present condition. The State has no obligation to make any repairs, additions, or improvements thereto and expressly disclaims any warranty that the License area is suitable for intended use. 9. Performance Securitv. As guarantee of the faithful performance of the conditions of this License, the State may require performance security by Licensee prior to commencement of activity; such security may be in the form of cash. savings account assignment, bank letter of credit, or performance bond, in such amount as determined by State. 10. Notice to Licensee: This License does not interfere with State's management activities and possible sale or exchange of the land. CONDmONS: 1. Comoliance with Laws. Licensee shall comply with all applicable laws, including all Department ofNatura1 Resources regulations, county and municipal laws, ordinances, or regulations in effect. 2. Reauired PermitslLicenses. Licensee shall obtain and be in possession of all permits and licenses required for the permitted use, and shall provide proof of such permitsllicenses upon request by State's representative. 3. Resoonsibilitv. Licensee assumes responsibility for all activities conducted, including but not limited to supervision and control to prevent injury or damllge; maintenance of the premises during the use; clean-up oflitter and debris; and provision of surveillance and security to preserve order. 4. Insurance Reauirements: a. Evidence of Insurance. Licensee must furnish evidence of insurance in the form of a Certificate of Insurance satisfactory to the State, executed by a duly authorized representative of each insurer showing compliance with the insurance requirements set forth below. The Certificate of Insurance must reference the Depa..l:w.ent ofNatura1 Resources and the Land Use License number. Before implementing this License, Licensee must provide proof of coverage. b. Cancellation. The Certificate(s) of Insurance must provide 45 days written notice to State before the cancellation. non-renewal, or material change of any insurance coverage included therein. Notices must be sent to State's <<Region_City>> office via certified mail. c. Additional Re<{llirements. (1) All policies must name State of Washington Department ofNatura1 Resources, as an additional insured. (2) All insurance provided in compliance with this License shall be primary as to any other insurance or self-insurance programs afforded to or maintained by State. (3) All insurance policies must provide liability coverage on an oceurrenee basis unless otherwise specified in this License. (4) Policies must be issued by an insurer admitted and licensed by the Insurance Commigsioner to do business in the State ofWasbington. Excess or "surplus Jines" carriers must be approved in advance by the Risk Manager (or other authorized representative) ofDNR. All insurers must have a Bests rating of B-plus or better. d. Minimum Cov~ Reauirements. The Minimum Coverage Requirements set forth the minimum limits of insurance the Licensee must purchase to secure a license with State. These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these minimum limits of coverage does not relieve the Licensee from liability for losses and settlement expenses greater than these amounts. During the term of the License, Licensee must purchase and maintHin, and shall require all indePendent contractors to maintain while performing work on License area under this License, the minimum insurance coverages and limits specified below, which may be increased by State at its sole discretion: (1) Commerci!l1 General Liability lCGL) Insurance. Licensee must purchase and maintain CGL on an Insurance Services Office (ISO) form CG 00 01 or equivalent form, covering liability arising from premises, operations, independent contractors, personal injury, and liability assumed under an insured contract. Such insurance must be provided on an occurrence basis. Insurmlce must include liability coverage with limits not less than those specified below: Deseription General Aggregate Limit Each Occurrence Limit $2,000,000 $1,000,000 (2) Rnmness Auto ~olicy mAP) Insurance (Reauired for all licenses). The Licensee shall mait1tain business auto liability and, if necessary, commercial umbrella liability insurance with a limit not less than $1,000,000 per accident. Such insurance shall cover liability arising out of "Any Auto". Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. lfnecessaIy, the policy shall be endorsed to provide contractua.I liability coverage and cover a "covered pollution cost or expense" as provided in the 1990 or later editions of CA 00 01. The Licensee waives all rights against the State for the recovery of dHm'lges to the extent they are covered by business auto liability or commercial umbrella liability insurance. (3) Worker's Comven..anon and Emnloyer's LiabiliW Insurance. The Licensee must purchase and maintain insurance covering obligations imposed by Federal and State statutes having jurisdiction of its employees in the performance of work, including Employer's Liability Insurance. Evidence of "Qualified Self-Insurance Status" will suffice to meet the requirements of this section. Description By Accident Bodily Injury $1,000,000 Each Employee By Disease $1,000,000 Polley Limit By Disease $1,000,000 e. Self-Insurance. In lieu of the coverages required under this section entitled ''Insurance Requirements," the State at its sole discretion, may accept evidence of self- insurance by the Licensee. Aside from any "self-insurance" guaranteed by the Licensee, it is the responsibility of the Licensee to ensure that its contractors, concessionaires, agents, employees, guests, invitees, or affillates in, on, under, or above the License area, any adjoining License Area, or any other License Area subject to use by Licensee in conjunction with its use of the License area, meet minimum insurance requirements descn"bed above. 5. IndemnH'ication. Licensee shall indemnify, defend (with counsel acceptable to State) and hold harmless State, its employees, officers and agents from any and all liability, dam>\{!eS (including, but not limited to, personal UUury and damages to land and other natural resources), expenses, canses of action, suits, claims, costs, fees (including, but not limited to, attorneys' fees), penalties, or judgments, of any nature whatsoever, arising out of the use or occupation of the License Area by Licensee, its contractors, concessionaires, agents, employees, guests, invitees, customers or affiliates, except as may arise solely out of the willful act of State or State's elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Licensee shall not be rl:quired to indemnify, defend. and hold State harmless from State's sole or concurrent negligence. This section shall not in any way limit Licensee's liability under section entitled Environmental Liflbilitylllisk AlhJcatJon. 6. Protection of Natural Resources and Immovements. Licensee shall take all reasonable precautions to prevent or mlnimize daml\ge to natural resources (e.g., vegetation, wildlife, soil, water) and improvements (crops, buildings. roads, etc.) within the License area. Licensee shall cut no State timber, remove no State-owned valuable material (as defined in RCW 79.02.010(12) plus coal, minerals, oil or gas), disturb or remove any cultural, historical or paleontological (fossils) resources, without written prior consent of the State. Upon revocation or expiration of this License, Licensee shall reclaim any disturbed areas to the specifications of the State within a reasonable amount of time as agreed to by State's authorized representative. Damage to timber, crops and improvements not identified and pald for under the terms and conditions of this License shall be appraised by the State. The Licensee shall be liable for said dmn>\{!eS at the appraised rate. . 7. CleanUl). All garbage shall be packed out, or disposed of as required by the State's authorized representative, within the license authorization period of this License. 8. Improvements/Personal License Area. No building or other structures will be erected under this License within the LicensQ area. Any ImAuthorized improvements shall either be removed immediately by the Licensee, removed by State at the cost of the Licensee, or become the License Area of State, at State's option. All personal Property must be removed from the premises upon revocation or expiration of this License. Any property remAining after 24 hours will become the property of the State, unless a longer time allowance is specifically authorized by the State under the "Additional Tenus and Conditions" section below. 9. Advertisilll!. Licensee shall file with the State's authorized representative copies of all advertising brochures or other handouts describing the activity/event for which this License is issued. Licensee shall ensore advertising does not imply the endorsement of the Wa/ll1ington State Department of Natural Resources. 10. Noxious Weeds. Licensee shall take all reasonable precautions, which may be directed by State's representative, to control the spread of noxious weeds as a result of their activity. Licensee shall be responsible for, or shall immediately reimburse State, for any weed control cost incurred as a result of Licensee's failure to comply with precautions directed by State. All methods of chemical weed control shall be approved in writing by State prior to beginning such activities. II. Dism:,imination. Licensee shall not conduct or suffer any business upon the License area which unlawfully discriminates against any person on the basis of race, color, creed, religion. sex. age, or physical or mental handicap. 12. Environmental Liability/Risk Allor.a1iO!l a. Definition. "Hazardous Subsf:atu:e" means any substance which now or in the future becomes regulated or defined under any federal, state. or local statute, ordinanL'.e, rule, regulation, or other law relating to human health, environmental protection, contaminAtion or cleanup, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA "), 42 U.S.C. '9601 et seq, , and Wa!ll1ington's Model Toxies Control Act ("MTCA"), RCW 70.IOSD.OlO et seq. b. Use ofHA:1ATdous Substances. Licensee covenants and agrees that Hazardous Substances will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under or above the License area, except in accordance with all applicable laws. Licensee agrees to use hazardous substances only to the extent necessaty to the permitted use under this License. . c. Deleterious Material. Licensee shall not make, or suffer to be made, any filling in of the License area or any deposit or rock earth, bal1ast, refuse, garbage, WlIste matter, chemical, biological or other wastes, hydrocarbons, any other pollutants. or other matter within or upon the premises, except lIS approved in writing by the State. If the Licensee fails to remove all non-approved fill material. refuse, garbage, wastes or any other of the above materials from the License area, the Licensee agrees that the State may, but is not obligated to, remove such materials and charge the Licensee for the cost of removal and disposal d. Notification and RenorI.iniz. Licensee shall immediately notifY State if Licensee becomes aware of any of the following: (1) a release or threatened release of Hazardous Substances in, on, under or above the License area, any adjoining property, or any other property subject to use by Licensee in conjunction with its use of the License area; (2) any problem or liability related to or derived from the presence of any Hazardous Substance in, on, under or above the License area, any adjoining property, or any other property subject to use by Licensee in conjunction with its use of the License area; (3) any actual or alleged violation of any federal, state or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the License area, any adjoining property, or any other property subject to use by Licensee in conjunction with its use of the License area; e. TMf'tTlnification and Burden of Proof. Licensee sball fully indemnify, defend (with counsel acceptable to State), and hold State harmless from and against any and all claims, demands, dam'lges. natural resource clam"gllS, response costs. remedial costs, cleanup costs, losses. liens, liabilities, penalties, fines, lawsuits, other pr~;n~, costs. and expenses (including attorneys' fees and disbursements), that arise out of or are in any way related to: (I) the use, storage, generation, processing, transportation, handling, release or disposal of any Hazardous Substance by Licensee, its contractors, concessionaires. agents, employees, guests, invitees, or "ffili1lfp.s in, on, under, or above the License area, any adjoining prop.l11y, or any other property subject to use by Licensee in conjunction with its use of the License area, during the license authorization period of the License or during any time when Licensee occupies or occupied the License area or any such other property; . (2) the release or threatened release of any Hazardous Substance in. on, under, or above the License area, any adjoining property, or any other property subject to use by Licensee in conjunction with its use of the License area, which release or threatened release occurs or occurred during the license authorization period of the License or during any time when Licensee occupies or occupied the License area and as a result of: a. Any act or omission of Licensee, its contractors, concessionaires, agents, employees, guests, invitees, or ~ffilillres; or, b. Any act or omission of a third party unless Licensee exercised the utmost care with respect to the foreseeable acts or omissious of the third party and the foreseeable consequences of those acts or omissions. 13. Streamcourse Protection. Yarding equipment shall be set back from the stream bank so the act of yarding or storing of yarded logs will not domllge or encroach on the flowing stream. No timber shall be felled across or into and no yarding shall be permitted in or through such streamcourses, lakes and ponds as designated by the State unless permission to do so is granted in writing by the State's authorized representative. 14. Erosion and Domol>'e to Soil. During operations under this License, including the construction of roads and landings, the Licensee shall take such precautions as necessary to minimi7.e insofar as possible soil erosion and dAmllge to the soil. Equipment will not be operated when ground conditions are such that excessive dAmoge will result. 15. Preservation ofSurvevs. All legal land subdivisions survey corners and witness objects are to be preserved. If such are destroyed or disturbed, the Licensee shall ~lish them by a registered professional engineer or licensed land surveyor in accordance with U.S. General Land Office standards at its own expense. Corners and/or witness objects that must necessarily be disturbed or destroyed in process of construction must be adequately referenced and/or replaced in accordance with all applicable laws of the State of Washington in force at the time of construction, reconstruction, or development of the right of way including but not limited to RCW 58.24, and all Department of Natural Resoqrces rules and regulations pertaining to preservation of such comers and/or witness objects. Such references must be approved by the State prior to removal of said comers and/or witness objects. 16. Road Mo;ntenllnce. During periods when a road, or portion thereot: is being used by the Licensee, that portion of the road so used shall be maintained by said party at its own expense and, at the termination of each period of such use, shall be left in a condition equal to or better than the condition of the road immediately prior to said use. 17. Obstruction. Licensee shall not obstruct said roads or take any action to restrict the flow of traffic on said roads without the State's written permission. , "C/ . 18. Debris Disoosal. Licensee shall dispose of forest debris as defined by law, concurrent with cutting and land clearing, by piling and burning on the right ofway (or site). Alternate methods of disposal may be permitted provided a written supplement to this document shall first be obtained from the State's authorized representative. The supplement shall include but not be limited to the following minimum requirements: a. Dates and places of disposal; b. Methods and means of disposal; c. A map showing the areas affected by the supplement. 19. Comnliance with the Habitat Conservation Plan (Hep). The License Area is located within an area that is subject to State's Habitat Conservation Plan adopted in connection with Incidental Take Permit No. PRT-812521 QTP) as supplemented by Permit No. 1168 (Collectively "lTP"). As long as the Habitat Conservation Plan remains in effect, Licensee and all persons acting under Licensee shall comply with the terms and conditions set forth in Exhibit B while operating on License Area. State shall have the right to modifY these terms and conditions from time to time to comply with the Habitat Conservation Plan. the lTP, the p.nd'l11gered Species Act. the implementing regulations, and amendments thereto, or the requirements of the federal agencies admini!ltming these laws. Additional terms and conditions: Jefferson County Noxious Weed Control Board shall share the surveyfmventory results, on state mRTIllged lands, with the Department ofNaturaI Resources, Olympic Region. , . EXIllBIT A Map of authorized assessment/spray loeations .....1.:: -~ 1~~'Xn.L., I .:c~,- c ~.::u1 ~~ ......... '.'~. ..~ '- ~0j'{~ >~' ..ti~. ~ 'I r ~.. . v' y J . 1 ~:l8R'!el'- :::t ;..".' .. "1'" v-: I 7"<" '.2 ~"V\l ~ L .." ')J', 1. .'~... ,t...: .... I",i ....)4, ~..f" ~Lj "'."",'1$ . "l\~, ...... .-: ,,(....1 ~~'l ~ .r ~~ .....~~ ...~ ~ .,:,j. ~ j...... 7'....,: J t,cL ....... ?., -"\ t~l ,,;'Jr";.. ~Irfi .~ -1j ~~ef}.l"'~/ .IV'. ~~~ ~. ~ '. ,- c . ~.'->!. 7 ~ ~~ '/-("1' ~A ~4 r, ~"~ ~ 'b. " ...,.~ -.,. ~.. ? l~~- '-,~1 ..~S;;;.'i' II~~2'5JrtOW 1:Il~ ~. If"'~'~" [ J'I.11"""o>.{( ::[ ~=~:'V>'1 'h!ti\~t~'LJ2 r' T25R09\II VfT '.. 'I'-i~~ ......,. ~~ ~ ;:; 'r"f . ~ "- ,,- II ^ ./", '. ,"A ~ .~ ~z~ -? \,~~ .~. '~.~...c. .. ,.1 ",'''11 -... ..A ~., ...u '. - '~ <~ ~1.J~"U ~ Y ....... ,,"\. ...1. ~J ), Ii.. '. \ '1- " T2!1QA.. L~~ ~ ~ ~ ....,~ 'c" -' ...!J-.. . '~<l" If ~ :/ iA",,~ ''''l'i'. "NY - f;I(f" ..~ ...-' s';..,"1 I ~ ..... ~ ..... -iI"'L. ..~ I '/1: ~'-?l ii''' ~;~': ~ ~~ "/--"""l ['i ~""\.i"'" . ~ ,'1 ...~..rU,,.,::7i> Legend EJ Jefferson cO. Kn01Y.eed Spray Area AdrrdnIstl.e. DNR-Managed (SUrface) Lands by SUlfac:e Trust Surface Lands U Corrmon St:hoo! (3) _ Normal School (e) [...:.::, Uniwrsity- Transferred (5) _ Uniwrsity- Original (tt) _ NAP / NRCA (14 /75) OlllWll by 8. WlldJa July 13,2011 , . EXHIBIT B HCP REQUIREMENTS 1. The Licensee shall immediately noti1Y the State of new locations of permit species covered in the Incidental Take Permit (ITP) that are discovered within the License Area covered by the Habitat Conservation Plan (RCP), including, but not limited to: locations of occupied murrelet habitat; spotted owl nest sites; wolves; grizzly bears; nests, communal roosts, or feeding concentrations of bald eagles; peregrine falcon nests; Columbian white-tailed deer; Aleutian Canada geese; and Oregon silverspot butterflies. In all circumstances notification must occur within a 24 hour time period. 2. Upon locating any live, dead, injured, or sick specimens of any listed species covered by the ITP within the License Area the Licensee shall immediately noti1Y the State. In all circumstances notification must occur within a 24 hour time period. Licensee may be required to take certain actions to help the State safeguard the well-being of any live, injured or sick specimens of any listed species discovered, until the proper disposition of such specimens can be determined by the State. 3. Any Forest Practices Permit application submitted for activities on the License Area must comply with the ITP and RCP and identify that the License Area is within an area covered by a Habitat Conservation Plan and part of the Incidental Take Permit No. PRT -812521 as supplemented by Permit No. 1168.