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HomeMy WebLinkAbout042715_ca15615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Consent Agenda February 27, 2015 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS TO: FROM: DATE: SUBJECT: AGENDA REQUEST Board of County Commissioners Philip Morley, County Administrator Jared Keefer, Environmental Health Director Tami Pokorny, Environmental Health Specialist Agen a Item – Professional Services Agreement, Resource Renewal, INC Dosewallips Duckabush Floodplains Restoration; Upon Signature – June 30, 2016; $5,672.00 STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, requests Board approval of the Agreement with Resource Renewal, INC to provide restoration — providing, planting, and maintenance of seedlings along Duckabush and Dosewallips River floodplains. Upon Signature – June 30,2015; $5,672.00 ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S: This Agreement contracts Resource Renewal, INC to supply materials, coordinate work schedules through IC Water Quality and Dosewallips State Park, plant, removal of site debris, apply herbicide, and maintain site. This is part of ongoing riparian and forest restoration efforts along the Dosewallips and Duckabush floodplains and is supported by RCO acquisition funds. Resource Renewal, INC was chosen using the bidding process; Small Works Roster, MRSC. FISCAL IMPACTICOST BENEFIT ANALYSIS: The Project Agreement is fully funded by RCO Project #12- 1385C, Dosewallips and Duckabush Acquisitions, 2012. RECOMMENDATION: JCPH management request approval of the Agreement with Resource Renewal, INC for restoration planting and maintenance Dosewallips and Duckabush floodplains; Upon Signature – June 30, 2015; $5,672.00 REVIEWED B R I ip Mee , County A&ninistrator Date Community Health Developmental Disabilities 360- 385 -9400 360 -385 -9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360 - 385 -9444 (f( 360 -379 -4487 CONTRACT Between JEFFERSON COUNTY, WASHINGTON And Resource Renewal, Inc. THIS AGREEMENT, made and entered into this day of. , 2015, between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and by virtue of Title 36, RCW, as amended and John B. Haas of Resource Renewal, Inc., 292924 Hwy 101 N, Quilcene, WA 98376, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: that the Contractor herein will undertake and complete work to supplement and maintain bare root seedlings in order to re- establish a native conifer forest on the Duckabush and Dosewallips River floodplains to support salmon habitat for the total sum of Five - thousand six - hundred and seventy -two dollars ($5,672.00) in accordance with, and as described in, the attached Scope of Work (Exhibit A). The Contractor shall pay prevailing wages (Exhibit B) and provide wage information as required by the Washington State Department of Labor & Industries. Work shall commence upon execution of this Agreement and be completed by June 30, 2016. The Contractor shall provide and bear the expense of western red cedar seedlings, supplies and other materials, equipment and labor of any sort whatsoever that may be required for the delivery and transfer of materials and for completing the project as provided for in this contract and every part thereof. 2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the Contractor to furnish the goods and equipment described, and to furnish the same according to the attached specifications and the terms and conditions herein contained; and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached at the time and in the manner and upon the condition provided for in this contract. The County further agrees to employ the Contractor to perform any alterations in or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this contract and the attached specifications at the time and in the manner and upon the conditions provided for in this contract. 3. The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 4. Prior to commencing work, the Contractor 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 Contractor 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. If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County may pay the renewal premium and withhold such payments from the moneys due the Contractor. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. A. Workers Compensation and Employers Liability Insurance. The Contractor 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(1) - 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 (contractors only); 4. Premises - Operations Liability (M &C); 5. Independent Contractors and Subcontractors; and 6. Blanket Contractual Liability. (1)Note: The County shall be named as an additional insured party under this policy. C. 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: Owned automobiles; Hired automobiles; and, Non -owned automobiles. (2) 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 Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of The Contractor to take out and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be 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 Contractor. It is agreed by the parties that judgments 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 Contractor until such time as the Contractor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any insurance coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non - contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. 5. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA. The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the Contractor's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Contractor to indemnify the County against and hold harmless the County from claims, demands or suits based solely upon the conduct of the County, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a) the Contractor's agents or employees; and, (b) the County, its officers, employees and agents, this indemnity provision with respect to claims or suits based upon such negligence, and /or the costs to the County of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Contractor's negligence, or the negligence of the Contractor's agents or employees. Claims against the County shall include, but not be limited to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition. The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. 6. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein contained shall be construed to create a relationship of employer- employee or master - servant, and any and all employees of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under this Agreement shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor. 7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 8. Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting that the Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for payment of all obligations of The Contractor. For Contracts of $35,000 or less, the County may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW. IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. Executed by the Contractor , 2015 Contractor (Please print) By: (Please print) (Signature) UBI 600 431 243 WA Commercial Pesticide Applicator's License #4358 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Phil Johnson, Chair David Sullivan, Member Kathleen Kler, Member roved as to for only: 16 David Alvarez ate Deputy Prosecuting Attorney EXHIBIT A Scope of Work Materials Supplied by Contractor • 2,500 western red cedar plug -1 seedlings from Puget Sound Lowlands seed source (Spring 2015). • Garlon 3A herbicide at recommended application rates as specified by the PNW Weed Management Handbook for Himalayan blackberries (Rubus armeniacus) with approved colorant and surfactant added. • All other equipment and supplies to conduct the following activities EXCEPT additional plant materials to be supplied by the County. Scheduled Time for Work Hours Work schedules and access to project sites shall be coordinated through Jefferson County Water Quality and Dosewallips State Park, and may occur during daylight hours only. All activities should be conducted to avoid stormy weather and periods of anticipated, or active, flooding. Duckabush Wetlands Site: Total number of plantings (holes to be dug) at this work site: 1,000. The seedlings will be installed vertically with the roots fully extended, the holes are backfilled and lightly tamped, and the root crown level with the ground surface. Using a shovel and /or pick axe, co -plant 350 western red cedar seedlings with 350 Sitka spruce (in the same hole) in forested areas (especially in forest openings and areas dominated by deciduous trees) and co plant an additional 350 of each species to fill -in between the existing plantings around the open meadow. All seedlings shall be planted at approximately 8' x 8' spacing or greater (with respect to each other and all other seedlings) and well - distributed throughout the mapped planting area. Also plant 300 additional grand fir seedlings throughout these areas.. All seedlings shall be planted at approximately 8' x 8' spacing or greater (with respect to each other and all other seedlings). Remove and haul the remains of the collapsed outbuilding located on the site to the Jefferson County Transfer Station in Port Townsend. A picture of the material in included. The Contractor shall be responsible for the cost of tipping fees and also provide receipts documenting that all materials have been disposed of there. Burning or burying of materials (either on or off site) is not allowed by Washington State law. Post the site to notify the public, and treat Himalayan blackberry with herbicide twice in 2015 and once in 2016 in and around the meadow, on the open slope, and in the clearing on the bench where the storage shed is located as outlined below. Treatment must occur during periods of little to no wind with a forecast of no rain for at least eight hours from the time of spraying to allow the herbicide to dry completely. No overspray shall be allowed to contact the seedlings. Include an approved colorant with the herbicide to indicate the extent of treatment and a surfactant to maximize contact time with leaves. 2015 Treatment #1: When blackberries are 12 "- 15" high (early June approx.) 2015 Treatment #2: When berries are spent and before winter dormancy (mid Oct. approx.) 2016 Treatment #3: When blackberries are 12 "- 15" high (early June approx.) Dosewallips Floodplain Sites: Total number of plantings (holes to be dug) at these work sites: 2,350. The seedlings will be installed vertically with the roots fully extended, the holes are backfilled and lightly tamped, and the root crown level with the ground surface. • Cut Himalayan blackberry canes to < 6" from ground level from two areas as identified in red on the map. • Using a shovel and /or pick axe, co -plant 1,800 western red cedar seedlings with 1,800 Sitka spruce (in the same hole) in clearings and areas dominated by deciduous forest. All seedlings shall be planted at approximately 8' x 8' spacing or greater (with respect to each other and all other seedlings) and well distributed throughout the planting areas. • Plant the additional 250 Sitka spruce that are currently healed -in on APN #602342001 individually (without cedars) in locations well distributed throughout that parcel. All seedlings shall be planted at approximately 8' x 8' spacing or greater (with respect to each other and all other seedlings). • Also plant 300 additional grand fir seedlings throughout these areas. All seedlings shall be planted at approximately 8' x 8' spacing or greater (with respect to each other and all other seedlings).