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HomeMy WebLinkAboutBackcountry Horseman of Washington - 121916Recreational Trails Program Landowner Agreement for Maintenance Projects This agreement, dated and effective beginning the 1st day of July, 2017, and ending June 31, 2020, 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 during this time. Parties to the Agreement Jefferson County Public Works Back Country Horsemen of Washington Landowner / Landowner Organization Sponsor Monte Reinders Authorized Representative Public Works Director Title 623 Sheridan St. Address Port Townsend, WA 98368 City, State, Zip Purpose Darrell Wallace Authorized Representative Executive Director Title 5198 S Wallbridge Rd Address Deer Park, WA 99006 City, State, Zip The purpose of this agreement is to describe the terms, conditions, and obligations agreed upon between the sponsor, who is undertaking a project administered through the RCO, and the landowner, who owns the property on which the project will take place. The sponsor and landowner mutually agree to the scope of work described below within County Parks owned by Jefferson County in Jefferson County, State of Washington. The undertaking is also described in, and subject to RCO Project Agreement Number 16- 2714 into which this agreement, once signed by both parties, becomes incorporated therein. RTP Landowner Agreement Maintenance Projects Form revised: March 1, 2014 Page: 1 of 7 Scope of Work Trail, trailhead, and trail parking maintenance, repair, signage, and improvements associated with trails primarily within Gibbs Lake County Park, and secondarily within Cape George Trailhead Park and Jefferson County Horse Park based on agreed tasks approved between BCHW and the County. General 1. The scope of work may be completed by the staff and volunteers of the Back Country Horsemen of Washington; or the staff or volunteers of Jefferson County Parks and Recreation. 2. All volunteers are required to: complete a Jefferson County Parks and Recreation Risk Release/Liability Waiver; and to document their service hours on forms to be provided by Jefferson County Parks and Recreation. 3. All volunteers will be trained in and follow the site safety plan. Volunteers will be trained in the use of tools and equipment. Volunteers will use correct personal protective equipment. Recitals The sponsor agrees to: Obtain necessary Jefferson County permits and approvals for work that includes providing the landowner with a detailed scope of work for each project task prior to work commencement, including start and completion dates, and to keep the landowner informed of progress. 2. Conduct the project -related tasks according to specifications provided by the landowner. 3. Leave all remaining portions of the properties in as near pre -project condition as reasonable, or as otherwise agreed upon in writing in advance with the landowner. 4. Inform landowner of project completion and the dates for this agreement. The sponsor shall hold harmless the landowner, perform as an independent contractor, provide proof of insurance, and agree to other provisions of RTP Landowner Agreement Maintenance Projects Form revised: March 1, 2014 Page: 2 of 7 Attachment A — Standard County Requirements, attached hereto, and incorporated by reference herein. The landowner agrees to: 1. Provide reasonable property access to the sponsor to plan, implement, and complete the project as described in the project agreement. 2. Allow the project area to be reviewed for effects to archaeological and cultural resources pursuant to Section 106 of the National Historic Preservation Act. At minimum, the review requires consultation with the Washington State Historic Preservation Office and interested Native American tribal governments. The lead agency for consultation is the U.S. Federal Highway Administration. If the landowner to this agreement is a federal agency, the landowner certifies that the undertaking in the project's scope of work is, or will be, appropriately reviewed and documented as required by the National Environmental Policy Act and Section 106 of the National Historic Preservation Act of 1966 (16 USC 470) before commencing. 3. Allow public use, of trails and trailside facilities maintained through this project, at reasonable times of the day and year for the term specified above without regard to age, disability, gender, sexual orientation, income, race, or religion. 4. Provide the sponsor and RCO, or their employees, agents, representatives, or assignees, the right to enter the land, at reasonable times to monitor progress, management, and maintenance of the project area. 5. Notify the sponsor of changes in ownership of the property on which the project is located within 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. This agreement does not convey or transfer property interests to the sponsor or the RCO. RTP Landowner Agreement Form revised: March 1, 2014 Maintenance Projects Page: 3 of 7 IN WITNESS WHEREOF, the parties have executed this agreement. -= r Date Date Send signed copy to BCHW at above address or exec@bchw.org, who will provide a copy of this agreement, and any amendments to this agreement, to the Recreation and Conservation Office, P.O. BOX 40917, Olympia, WA 98504-0917. RTP Landowner Agreement Form revised: March 1, 2014 Maintenance Projects Page: 4 of 7 Attachment A — Standard County Requirements Section 1— Hold Harmless. Sponsor shall indemnify, defend and hold harmless the Landowner, its officers, agents, and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to sponsor's own officers, agents, volunteers and employees, or damage to property occasioned by a negligent act, omission or failure of the sponsor. Section 2 — Independent Contractor. The sponsor and the landowner agree that the sponsor 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 sponsor nor any employee of sponsor 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 sponsor, or any employee of sponsor. Section 3 — Insurance. 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(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: RTP Landowner Agreement Form revised: March 1, 2014 Maintenance Projects Page: 5 of 7 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); 5. Independent Contractors and subcontractors; 6. Blanket Contractual Liability 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. The sponsor 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 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 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 RTP Landowner Agreement Form revised: March 1, 2014 Maintenance Projects Page: 6 of 7 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 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 Sponsor until such time as the Sponsor shall furnish additional security covering such judgment as may be determined by the County. 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 Consultant must provide in order to comply with this Agreement. Section 4 — Termination: The landowner reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the sponsor. RTP Landowner Agreement Form revised: March 1, 2014 Maintenance Projects Page: 7 of 7 Department 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. AAJ / Agenda Date: December 19, 2016 Subject: Recreational Trails Program Landowner Agreement Backcountry Horsemen Statement of Issue: Agreement with Backcountry Horsemen (BCH) for certain maintenance tasks and upgrades on the Gibbs Lake Park Trail System. Analysis/Strategic Goals/Pro's Ei Con's: The Backcountry Horsemen of Washington organization is applying for 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 Gibbs Lake Park Trail System. 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: Matt Tyler, Public Works 385-9189 Reviewed By: Date CONTRACT REVIEW FORM CONTRACT WITH: Recreational Trails Program Landowner Agreement — Backcountry Horsemen (Contractor/Consultant) CONTRACT FOR: Gibbs Lake Park Trail Maintenance TERM: 3 years AMOUNT: N/A Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Step 1: APPROVED FORM Comments REVIEW BY Review by: Date Reviewed: PROCESS: X Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other ❑ Returned for revision (See Comments) Step 2: REVIEW BY PROSE_CUT IG EY Review by: Date Reviewed: APPROVED AS TO FORM ❑ Returned foT ision (See Comments) Comments Michael Haas Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 7copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.) \\CASTLEHILL\Group\Publicworks\SUPPORT�I Staff Folders\Matt\Parks\Gibbs Lake\Landowners Agreement for Backcountry horsemen Grant\Contract Review Form.doc rev. 6/10/2013