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HomeMy WebLinkAbout020215_ca04615 Sheridan Street Port Townsend, WA 98368 Wn L An www.JeffersonCounfyPublicHea th.org PUblic Heaacaww consent Agenda Dec 22, 2014 JEFFERSON COUNTY BOARD! OF COUNTY COMMISSIONERS TO: Board of County Commissioners Philip Morley, County Administrator FROM: Michael Dawson, EHS II Lead DATE: sul33ECT: Agenda Item­ Personal Services Agreement Northwest Watershed Institute (NWI); December 8, 2014 — August 31, 2015; $24,500 STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, requests Board approval of the Personal Service Agreement between 3CPH and Northwest W atershed Institute, funded at 75% by DOE Grant #G1400530, Hood Canal Clean Streams Initiative; December 8, 2014 — August 31, 2015; $24,500 ANALYSIS fSTRATEGIC GO S/PRO'SandCON'S: This Personal Service Agreement contracts Northwest Watershed Institute to perform, riparian restoration activities along Tarboo Creek, its tributaries, and adjacent wetlands. Activities include detailed planting plan, supplementai site identification, planting using appropriate site-specific methods; one year (plus 4) of monitoring and maintenance, which includes documentation, repair, and correction by removal of trees and fencing when warranted. Contract language includes number and size of trees and shrubs to be planted, as well as defines Planting procedures to be used. The work performed is charged out at NWI's standard rate for time and material. The total cost, charged to the Hood Canal Clean Streams Initiative (DOE Grant # G1400530) is not to exceed 75% or $24,500 of the project's total cost with 25% in-kind match by NWI, which represents $8,167.00 FISCAL IMPACT (COST BENEFIT ANALYSIS: The contract amendment is fully funded through the Hood Canal Clean Streams Initiative Grant #G1400530, which stipulates 75% maximum funding that must be matched by Cash or In-kind Match, NWI in-kind match represents 250/c, or $8,167.00 RECOMMENDATION: 3CPH management request approval of the Personal Services Agreement with Northwest Watershed Institute for riparian restoration along Tarboo Creek; December 8, 2014 — August 31, 2015; $24,500 REV Y WED BY:� TLT �7 'ur'ip Mori -County Administrkor Date (:.ornry)unily rieUffi Environmental Health Developmenfa Usot)ilihes Wooer Quality 360.r38,5-9400 360..385-9,444 360-385-9401 (fp AflWqays working for Li scjfer and heciftler cornmunity iTi 360-379-4487 Valmmel I Between Northwest Watershed Institute And Jefferson County THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation hereinafter referred to as "the County", and Northwest Watershed Institute, hereinafter referred to as "the Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. proect Desigqmotion. The Contractor is retained by the County to perform riparian restoration plantings of native trees and shrubs in connection with the Hood Canal Clean Streams Initiative. The project is funded by a grant from the Washington State Department of Ecology ("Ecology") under contract with tile County. The project area is mapped in Exhibit A, attached hereto. 2 Scone 0 -ort-n the scope of services, identified on Exhibit B, f Services. The Contractor agrees to perform Scope of services, attached hereto, including the provision of all labor, materials, equipment and Supplies. Variation from the required performance (deliverables) in the scope of services will only be allowed upon mutual written consent of the County and the Contractor. 3. Time for Performance. This agreement shall commence on December 8, 2014 and continues through August 31, 2015 unless terminated as provided herein. The agreement may be extended beyond August 31, 2015 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 the Contractor shall not exceed $24,500 without express written modification of the agreement signed by the County, The Contractor will provide in- kind matching funds to achieve 25% match: a minimum of $8,167 at the anticipated total cost. The Contractor's standard rates are: field crew foreman $30/hr,, field crew $26/hr., project manager $75/hr., botanist $52/hr. b. The Contractor may submit invoices to the County once per month, but not less than quarterly, during the progress of the work for work completed to date. Such invoices will be checked by the county, and upon approval thereof, payment will be made to the Contractor in the amount approved. Such invoices must include, as well, documentation of how Contractor is meeting its match requirement. C. Invoices will include billing period, award amount, cumulative billed, current amount being invoiced, and remaining balance on forms approved by the County. Receipts and any other documentation verifying the invoice amount will be attached when submitted for payment. d. Final payment of any balance due the Contractor of the total contract price earned will be made promptly UP011 its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. e. Payment as provided in this section shall be full corripensation for work performed, services rendered and for all materials, Supplies, equipment and incidentals necessary to complete the work. am�������q�� to this � The Contractor's ,~_~.� , by representatives of the and Ecology, for o � 'odu[oi�)youraufter -- inspection ot� C$�i�mabuD��cuadsavai\ab\�u�uurc4ucst. �nu|�mymo� � _ l[��[ontuactmriuroquired1oeouwruthunexpnoaemmod�uuuuiuireumrdscnnoplym/itbdze �� i } �8�l�m�e m��±hdb h��h�"/�dnoioio1cz�voR�quirooueu1 for Recipients o[Ecology fl000uu �u _ financial Grants and Loans" Publication 9l - 18Revlsod2A05 , also known ma the "Yellow Book," . All documents, �mm�dn��m�c �s produced by the Contractor in connection with ` be tile property of the County whether the project for which theyare 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 Contractor's endeavors. 6' With Contractor shall, in � u'}federal, s .00dincal!awa,ordiomuoexund regulations, applicable to ue°�^^~'`-- - the services hohc rendered undo\bisugreemeu1 a The Contractor shall indemnify and hold the County, and its officers, employees, and agents buonieom 6rmm and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, mrsuits at law mr equity arising iuwhole or in part, directly or indirectly, 8mmu dbe Contractor's negligence or hruuc& of any of its obligations under this Agreement; provided that nothing herein shall require m Contractor to indezuaifv the County against and hold harmless the County from claims, demands or suits ' 1 tb�conduutufLh�(�munTy kno[�ourm �ompioy�cy�ud u��nto and pnnvidod huandoo(�yu�mn , , , , —`�ft��u|mimaoreubsoroumoe�dhyorm:oubfrorndze oonouurntoe�\i�onue ofb� forborUzm1 _' �� the Contractor's agents or employees; and ` (b) the County, its officers, employees and agents, this \ndemn '' prmvioiomvvi{brespect tooiui/noor Suits based upon such negligence, and/or the costs to tile County o fd fe defending such claims and suits, etc., shall be valid and enforceable only tn the extent of the Contractor's negligence, or the ougligencc of the Contractor's agents or employees. Sbaw\d a court of competent jurisdiction determine That this agreement ' is subject to RCW .z,�'th�n. in the event of liability for damages arising out of bodily injury to persons or damages to property caused by orrcmu�iuAbmmm the concurrent negligence of the parties, �m afDu*rs ' officials, employees, and volunteers, the party's liability hereunder shall be only t*the extent of the pm, mn�� |i@�oo� � It b iu further specifically and uzpnoaa|y understood that �e �/ indemnification provided herein constitutes the parties waiver of immunity under Industrial |�}�for the purposes mf this iudunumifi cation. This waiver has been jusulLance Illutually negotiated by tile parties, The provisions nfthis section shall survive the cxpirutinm or termination of this agreement. �c����1o�u�k�in����ng�t�o����'m� required, tbufoUo�im�inyur�nccvvi`boompuuieamr through 6vtbcS1u�' cub��w/ocr�gu ` ~ .. _ insurance Commiasioucr pursuant toRCW 48�05: u Worker's Compensation and Employer's Liability Insurance as required by the State of Washington. b . Commercial Automobile Liability Insurance providing bodily injury arid property 8uunxBe liability covel"(190 for all owned and non-owned vehicles assigned to or used ill tile per5ormuooeof tile work for m combined single limit of not less than $30U,00&each occurrence, lull c. The Contractor will maintain commercial general liability for bodily injury, personal injury and property damage, subject to a limit of not less than $1 million per occurrence. The general aggregate limit will apply separately to the Contract acid be no less than $2 million, The Contractor Will provide commercial general liability coverage that does not exclude any activity to be performed in fulfillment of the Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage. Inde)endent 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 the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded County employees by virtue of tile 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 assurning the duties of an employer with respect to the Contractor, or any employee of the Contractor. Discrimination Prohibited. The Contractor, with regard to the work performed by it tinder this agreement, c will not discriminate on the grounds of race, color, national origin, religion, reed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Terininatlon. The County reserves the right to terminate this contract in whole or in part, without prior written notice, in the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event of termination under this clause, the County shall be liable for only payment for services rendered prior to the effective date of termination. a. This agreement may also be terminated as provided below: i. With 30 days notice by the Board of County Commissioners for any reason, or With 30 days notice by the Board of County Commissioners for non-performance of the specific job duties in Exhibit B. iii. With 30 days notice by the Contractor by voluntary resignation. 12. Integrat�A_Ag eemept. 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 day of 12014, By Chair Jefferson Board of County Commissioners By Peter Bahls, Director Northwest Watershed Institute Attested: i)eputy/Clerk of the Board ro vas 61 A avid Alvarez, EXHIBIT A. MAP OF PROJECT AREA 'fhe project area is in the scope of work are outlined in green. Some adjacent wetlands to be planted not shown, :,d EXHIBIT B, to the Authorization for Professional Services between Jefferson County ("the County") and Northwest Watershed Institute ("the Contractor") dated December 15, 2014 Scope of Work, Schedule, and Fees for the Tarboo Creek Riparian Restoration Project SCOPE OF WORK Northwest Watershed Institute (hereinafter "the Contractor") will conduct riparian restoration work along Tarboo Creek, its tributaries and adjacent wetlands on the Contractor -awned Tarboo Wildlife Preserve, The general extent of the riparian restoration work is shown on Exhibit A, attached, Supplemental Planting Within these riparian areas, the Contractor will conduct supplemental planting with native trees and shrubs in suitable areas using a variety of site-specific methods. First, the Contractor will identify areas of the riparian zone that exhibit poor plant survival from previous plantings (due to any number of causes such as reed canary grass infestation, overly wet or dry soils, or poor plant selection). Within each planting area identified, the Contractor will select the appropriate planting method to be used, such as 1) Willow groves on cardboard, 2) Planting boxes, 3) Planting logs, 4) Individual trees and shrubs using appropriate native species, and 5) Individual live stakes. The Contractor will flag out the planting sites, prepare the planting plan, obtain the native plants and other supplies, and coordinate planting of the sites with the Contractor's field crew and volunteers. Details of the various planting methods are given below: willow groves on car — Willow is planted in a dense patch through cardboard, generally in very wet reed canary grass infested areas. Each willow planting area is sized according to the site-specific needs, with an average size of 128 square feet (8 x 16 ft). After the borders of the site are staked, double thick cardboard pieces are placed down, overlapping by I foot. Three- foot long, L/2 inch diameter sharpened willow stakes are driven through the cardboard at 2-foot intervals (with holes pre-punched by rebar willow planting stakes). For plantings requiring beaver protection, welded wire fencing with 2x4 inch mesh size and 3 or 4 feet in height is installed with metal t-posts around the planting area. Planti Similar to "nurse logs", planting boxes elevate newly planted conifers above reed canary grass and wet soils. Four-sided wooden boxes (approx. 2 x 1.5 ft high on each side), built with untreated 2" thick fir, are nailed together in the field, placed on a cardboard layer and filled with sawdust and fine chip (alder and fir mix). Two 5 gal buckets of wood chip compost are added and two conifers planted in each box with tree protectors. Planting to — hollow log rounds about 3 feet in diameter and 1.5 ft in height, with a hollow of at least I ft in diameter, are rolled to the site and filled with sawdust, compost and trees, similar to planting boxes. Individual trees and shrubs —Standard planting methods are used where soils are suitable, but using the best species selection based on past experience at the site. The CONTRACTOR will clear planting locations with hand scalpers and the tree or shrub is planted with a plastic tree protector supported by a bamboo stake, Individual live stakes — Individual live stakes can be used without protectors or cardboard in some cases, such as bulrush wetlands and raw banks of streams. Individual live stakes of willow, ninebark, twinberry, or red osier dogwood are used for planting.. Monitoring and maintenance The Contractor will conduct one year of monitoring and maintenance of plantings under the scope of this grant, with four additional years included as a donation to the project. Annual monitoring shall include an annual summer inspection of plant survival including photographs. 11` year maintenance shall include a quality control check of all plants to ensure protectors, cardboard and fencing are installed correctly by field crew and volunteers and will be corrected as needed. Four additional years of maintenance shall include removal of tree protectors or fencing where warranted. SCHEDULE December 8, 2014- January 5, 2015 — The Contractor identifies supplemental planting sites and prepares detailed planting, plan. January 5, 2015 — February 28, 2015 — The Contractor prepares planting sites and plants trees. Mareb 1, 2015 - August 31, 2015 — The Contractor conducts IS` year of monitoring and maintenance of plantings, DELIVERABLES Within the Tarboo Creek riparian zones identified in the map of Exhibit A, a minimum of 3,000 native trees and shrubs will be planted. At least 500 of the trees will be from 1-3 gallon pots, with the remainder either bare root or live stakes. A variety of methods will be used, as described above, and with a minimum quantity of t) 30 willow groves on cardboard with fencing, each averaging 128 square feet coverage (with 750 willow planted) 2) 8 willow groves on cardboard without fencing, each averaging 400 square feet (with 800 willow planted) 3) 50 planting boxes (with 100 conifers planted) 4) 50 hollow log planters (with 100 conifers planted) 5) 1000 individual tree and shrub plantings with tree protectors 6) 250 individual live stakes FEE/Standard Rates Work will be performed on the basis of Time and Materials at TI-II CONTRACTOR's standard rates: field crew foreman $30/hr., field crew $26/hr., project manager $75/hr., botanist $52/hr. at a total cost not to exceed $24,500 without written authorization from the COUNTY. The Contractor will contribute $8,167 of in-kind funds to achieve a 25% match requirement. In-kind match will be a minimum of 60 adult volunteer hours for a 6-hour day, totaling 363 volunteer hours at $22.55/hr.