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HomeMy WebLinkAbout102113_ca02Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E. ZZ, Public Works Director /County Engi er Agenda Date: October 21, 2013 Subject: Recreational Trails Program Landowner Agreement Backcountry Horsemen Statement of Issue: Agreement with Backcountry Horsemen (BCH) for certain maintenance tasks and upgrades on the Larry Scott Trail. Analysis /Strategic Goals /Pro's Et Con's: The Backcountry Horsemen of Washington organization has received a grant from the Recreational Trails Program to perform trail work at various sites throughout Washington. The local chapter proposes to use this grant to perform certain maintenance tasks and upgrades on the Larry Scott Trail. Fiscal Impact /Cost Benefit Analysis: A small amount of staff resource will be allocated to review and coordinate the proposals and work by the BCH. Recommendation: Sign three (3) copies of the attached agreement and return two (2) to Public Works for further processing. Department Contact: Valerie Greene, Public Works 385 -9189 Reviewed By: & 41 "J Date Recreational Trails Program Landowner Agreement For Maintenance Projects This Agreement, dated and effective beginning the day of 2013, is made and entered into by and between the Landowner and Project Sponsor (Sponsor) identified herein. The parties intend that all terms of this Agreement shall remain in effect during the period of performance in the Recreation and Conservation Office (RCO) project agreement and shall be binding on all successors in interest during this time. Landowner Organization (Landowner): Jefferson County Authorized Representative: Monte Reinders, Public Works Director /County Engineer Address. City, State, Zip Code Sponsor Name (Sponsor) Project Contact: Address. City, State, Zip Code: RTP Landowner Agreement Maintenance Projects 623 Sheridan St. Port Townsend . WA 98368 Back Country Horsemen of Washington Darrell Wallace, Executive Director 5198 S Wallbridge Rd Deer Park, WA 99006 March 1, 2012 Purpose The purpose of this Agreement is to describe the terms, conditions and obligations agreed upon between the Sponsor, who is undertaking a project (Project) administered through the Recreation and Conservation Office (RCO), and the Landowner, who owns the property on which the Project will take place. The Grantee and Landowner mutually agree to the scope of work described below on lands owned by Landowner in the State of Washington. The activities are also described in, and subject to the RCO Project Agreement into which this agreement, once signed by both parties, becomes incorporated herein. Scope of Work Trail maintenance on the Larry Scott Memorial Trail (LSMT), the Cape George Trailhead Park, and connectors along Cape George Road during 2013 -15. The Project Sponsor shall provide specific written plans and proposals to the County for review and approval prior to performing any work. Proposed work includes: 1. Replacement of the failing hitch posts complex (corral type) for the LSMT at the beginning of the trail in the Port of Port Townsend with similar products and in the same footprint of what existed at time of initial trail construction. (Est. material cost $500) 2. Brushing and tread stabilization of companion "horse" trail in the LSMT corridor including separating some trail segments between Discover Road and the Milo Curry Trailhead. 3. Purchasing and installing 3 signs at the Port, Cape George Trailhead, and Milo Curry Trailhead encouraging horseback riders to use the "horse" trail where provided and to remove manure from the main trail, signed by the Back Country Horsemen. 4. Improve the first 200' of each point the "horse" trail leaves the main trail with gravel, curbing, and fencing where permitted in order to encourage horseback riders to use the side trail rather than the shared use path. 5. Install occasional hitch rails and mounting structures (rocks or benches) along the main trail in order to provide trail riders with a way to mount once they get off their horse in order to remove manure. 6. Provide and install signs on the Cape George Trailhead Park trails network (not the main shared use path) identifying which way to go to follow the "horse' trail identified as part of the LSMT and which to go out to Crutcher Road. 7. Other repairs and improvements as identified and agreed upon with Jefferson County Public Works. Recitals The Sponsor agrees to: 1. Be responsible for the maintenance project, and the conduct and activities of its staff, agents and representatives. 2. Provide the Landowner with a timeline of estimated dates of Project activities, including RTP Landowner Agreement March 1, 2012 Maintenance Projects start and completion dates, and to keep the Landowner informed of progress. 3. Conduct the project - related activities described in the Project Description, as incorporated by reference to this agreement. 4. Leave all remaining portions of the property in as near pre - project condition as reasonable, or as otherwise agreed upon in writing in advance with Landowner. 5. Inform Landowner of project completion and the dates for this Agreement. 6. Hold harmless the Landowner from any liability associated from injuries or damages occurring to workers implementing the project or Trail users resulting from Sponsor's activities. 8. Complete volunteer agreements with the Landowner and have safety meetings at all work parties. 9. Obtain and maintain insurance as described in Attachment A. The Landowner Agrees to 1. Provide reasonable property access to the Grantee to plan, implement, and complete the project as described in the Project Agreement. 2. Allow public use, of facilities maintained, at reasonable times of the day and year without regard to age, disability, gender, income, race or religion. 3. Provide the Sponsor and RCO, or their employees, agents, representatives, or assignees, the right to enter the land, at reasonable times for long -term monitoring, management, and maintenance of the project. General Terms The Landowner shall notify the Sponsor of changes in ownership of the property on which the Project is located within thirty (30) days of transfer. In the event of such transfer of ownership, the Landowner shall provide a copy of this Agreement to the succeeding owner prior to such transfer. To comply with Section 106 of the National Historic Preservation Act concerning Archaeological and Cultural Resources, sponsors may have to complete a cultural resources survey in response to any cultural resources concerns that might arise. Grantees will notify the landowner if a consultation is required. If required, consultations must be completed before maintenance activities begin. This Agreement does not convey or transfer property interests to the Sponsor or the Recreation and Conservation Office. RTP Landowner Agreement March 1, 2012 Maintenance Projects IN WITNESS WHEREOF, the parties have executed this Agreement. 2!— Date Landowner, Jefferson County Board of Commissioners, Chairman Date Provide a copy of this Agreement, and any amendments to this Agreement, to the Recreation and Conservation Office, PO BOX 40917 Olympia, WA 98504 -0917. RTP Landowner Agreement March 1, 2012 Maintenance Projects Attachment A — Standard County Insurance Requirements Prior to commencing work, the Sponsor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A: VII. The Sponsor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed. The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested, for all of the following stated insurance policies. A. If applicable, Workers Compensation and Employers Liability Insurance. The Sponsor shall procure and maintain for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with the laws of the State of Washington. B. General Liability()) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: 1. Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; 3. Broad Form Contractual/Commercial Liability including completed operations 4. Premises - Operations Liability (M &C); Note: The County shall be named as an additional insured party under this policy. C. If applicable, automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the certificate of insurance the following coverage: 1. Owned automobiles; 2. Hired automobiles; and, 3. Non -owned automobiles. Note: The County shall be named as an additional insured party under this policy. Any deductibles or self - insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self - insured retention or The Sponsor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Failure of The Sponsor to take out and/or maintain any required insurance shall not relieve the Sponsor from any liability under the Agreement, nor shall the insurance requirements he construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Sponsor. It is agreed by the parties thatjudgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to The Sponsor until such time as the Sponsor shall furnish additional security covering such judgment as may be determined by the County. OP ID: LG ACI`OKO CERTIFICATE OF LIABILITY INSURANCE DA MMIDD 3 YI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER 509 -624 -3291 CONTACT Andre - Romberg Ins. Agency, Inc PHONE S. 400 Jefferson SL, Ste. 33 509356 -0294 LAIC o Ent Spokane, WA 99204 E -MAIL Larry ref Ext. 313 ADDRESS. rY ry - PRODUCER nA,BACKC -1 a INSURED Back Country Horsemen of INSR LIR INSURERA:CSU Producer Resources, Inc I= Washington POLICY NUMBER mmucorYYYYIi IUMMXxrvvYYI 110 E 6th Ave • INSURER B: Port Townsend, WA 98368 Ellensburg, WA 98926 CSU0034308 INSURER C: 01122114 EACH OCCURRENCE f 1,000. PREMI E Ee y I S too, MED FXP(" O+ a perm) INSURER D PERSONAL A ADV INJURY GENERAL AGGREGATE S 1,000. INSURER E: f 2,000, GENL AGGREGATE LMIIT APPLES PER. POLICY PRO- lOC PRODUCTS- COMIAMP AGG INSURER F: r nVFRAGFQ r_FRTIFICATF NI MRFR- RFVIRIr1N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIR TYPE OF INSURANCE I= Jefferson County Public Works POLICY NUMBER mmucorYYYYIi IUMMXxrvvYYI UNITS • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR Port Townsend, WA 98368 j � 5 CSU0034308 01122/13 01122114 EACH OCCURRENCE f 1,000. PREMI E Ee y I S too, MED FXP(" O+ a perm) f 1, PERSONAL A ADV INJURY GENERAL AGGREGATE S 1,000. f 2,000, GENL AGGREGATE LMIIT APPLES PER. POLICY PRO- lOC PRODUCTS- COMIAMP AGG S 2,000, It • • AUTOMOBILE LIABILITY ANY AUTO ALL OMED AUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNEDAUTOS CS00034308 CS00034308 01122/13 01122/13 01122114 01122114 COMBINED SINGLE LUAn (Ea acadan) f 1,000 BODILY INJURY (Par penan) f BODILY INJURY (Par acotlMQ f PROPERTY DAMAGE (Par arndMlO S X X S i • UMBRELLA LMa EXCESS LAS X OCCUR CLAIMS -MADE S00034374 011127J13 01122114 EACH OCCURRENCE S 1,000, AGGREGATE f 1,000, X DEDUCIBLE RETENDON f O $ 1 S • IWRXEAS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIE XECUTNEYIN OFFICEWMEMBER EXCLUDED? (Mandatory In NH) H yea, diI, OW Under DESCRIPTION OF OPERATIONS Deb NIA CSUOOU308 STOP GAP 01122113 0112214 X E.L. EACH ACCOENT f 1,000, E . DISEASE - EA EMPLOYEd f 1,000, E L. DISEASE -POLICY LIMIT 15 1,000,0 VRESC IPTI N OF OPERATIONS) LOCATIONS r VEHIC S (A"O ACORD 101, q Nlaml Remarks Sehs4YN, B man sme ISM~ roo� of gnsuwnce with respects to maintenance & word done on county property located on the Larry Scott Memorial Trail, Port Townsend, WA r.PRTIFIr.ATF I4nI nPP ('A Nr`FI I dTIrYN 071988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jefferson County Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Monte Reinders AUTHORIZED REPRESENTATIVE 623 Sheridan St Port Townsend, WA 98368 j � 5 071988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD