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HomeMy WebLinkAbout101419_ca05 615 Sheridan Street A Port Townsend, WA 98368 , c9e enson www.JeffersonCountyPublicHead&gedAgenda October 1, 2019 Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Public Health Director Tami Pokorny, Natural Resources Program Coordinator DATE: aik ILF, 7-00 SUBJECT: Agenda Item —Amendment No. 1 to DOE Lower Big Quilcene Floodplain Demolitions and Replanting; Nov. 15, 2018 — May 15, 2020 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of Amendment No. 1 to DOE Lower Big Quilcene Floodplain Demolitions and Replanting to fund the acquisition, clean-up, and restoration of properties, Nov. 15, 2018 — May 15, 2020 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This amendment is to shift funds between tasks. The total project budget remains the same. The original contract is to acquire, clean-up, and restore one or more properties on the lower Big Quilcene River floodplain for improved water quality. The project also supports a broader effort to recover the natural, self-sustaining channel migration zone functions that generate productive fish and wildlife habitat in the lower three miles to benefit Hood Canal Summer Chum and Puget Sound Chinook. FISCAL IMPACT/COST BENEFIT ANALYSIS: The total project budget remains the same. RECOMMENDATION: JCPH Management recommends BOCC signature of Amendment No. 1 to DOE Lower Big Quilcene Floodplain Demolitions and Replanting to fund the acquisition, clean-up, and restoration of properties, Nov. 15, 2018 — May 15, 2020 REVIEWED BY: i' ,ra./ ?7/04 Philip Morley, ounty A • --•-'- . • . Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f)360-379-4487 360-385-9401 (f) Always working for a safer and healthier community DEPARTMENT OF COLOGY State of Washington AMENDMENT NO. 1 TO AGREEMENT NO. SEATHA-VER3-JeCoPH-00037 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND Jefferson County Public Health PURPOSE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and Jefferson County Public Health (RECIPIENT) for the Lower Big Quilcene Floodplain Demolitions and Replanting (PROJECT). The purpose of Amendment 1 is to shift funds between the following tasks: A. Increase the Task 1 Project Administration/Management budget by $1,712.00, from $945.00 to $2,657.00. B. Reduce the Task 2 Property Acquisition budget by $ 924.00, from $26,330.00 to $25,406.00. C. Reduce the Task 3 Demolition and Cleanup budget by $788.00, from $6,535.00 to $5,747.00. D. Task 4 Site Restoration and Revegetation budget remains the same, $2,000.00. The total project budget remains the same, $35,810.00. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: CHANGES TO THE BUDGET Funding Distribution EG190200 Funding Title: Terry Husseman Account (Coastal Protection Fund) Funding Type: Funding Effective Date: Funding Source: Title: Type: Funding Source % Description: Template Version 10/30/2015 Grant 11/15/2018 Funding Expiration Date: 05/15/2020 Terry Husseman Account (Coastal Protection Fund) State 100% Terry Husseman Account (Coastal Protection Fund) State of Washington Department of Ecology Jefferson County Public Health Lower Big Quilcene Floodplain Demolitions and Replanting Project Agreement No. SEATHA-VER3-JeCoPH-00037 Approved Indirect Costs Rate Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Approved State Indirect: 30% 0% No No Is this Funding Distribution used to match a federal grant? No Terry Husseman Account (Coastal Protection Fund) Task Total Property Acquisition $ 25,406.00 Demolition and Cleanup $ 5,747.00 Site Restoration and Revegetation $ 2,000.00 Project Administration/Management $ 2,657.00 Total: $ 35,810.00 CHANGES TO SCOPE OF WORK Task Number: 1 Task Cost: $2,657.00 Task Title: Project Administration/Management Page 2 of 8 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant administrative requirements. Template Version 10/30/2015 State of Washington Department of Ecology Jefferson County Public Health Lower Big Quilcene Floodplain Demolitions and Replanting Project Agreement No. SEATHA-VER3-JeCoPH-00037 Taslt Expected Outcol_n_e_ * Timely and complete submittal of requests for reimbursement, quarterly progress reports and recipient closeout report. * Properly maintained project documentation Recipient Task Coordinator: Tami Pokorny Deliverables Page 3 of 8 Number Description Due Date 1.1 Quarterly Progress Reports 1.2 Recipient Closeout Report 05/15/2020 1.3 Project Outcome Summary Report 05/15/2020 CHANGES TO SCOPE OF WORK Task Number: 2 Task Cost: $25,406.00 Task Title: Property Acquisition Task Description: The RECIPIENT will work with project partners and landowners to acquire key parcels located in the "Lower One Mile" Reach of the Big Quilcene River floodplain. Property acquisitions involve one or more properties, up to the limit of available funds, in the "Lower One Mile" Reach (see EAGL Update screen for Exhibit 2.). Acquisition Report: For each property purchased, The RECIPIENT will prepare an Acquisition Report. The Acquisition Report will be completed prior to submittal to Ecology and request for reimbursement. Each Acquisition Report will include but is not limited to the following documents: A. Acquisition Face Sheet (ECOLOGY Form). B. Appraisal including: -Name/ Address of seller. -General Vicinity Map. -Site Specific Map. -Legal Description. -Title Report. C. Offer letter of just compensation. Template Version 10/30/2015 State of Washington Department of Ecology Jefferson County Public Health Lower Big Quilcene Floodplain Demolitions and Replanting Project Agreement No. SEATHA-VER3-JeCoPH-00037 D. Settlement Statement or equivalent. Page 4 of 8 E. Hazardous Substances Certification (ECOLOGY Form), and Property Assessment Checklist*, both signed by the County's Public Health Department. Note: If underground tanks/septic have been left on properties until final demolition/ decertification, please provide an explanatory note/memorandum of action to be taken. F. Annotated photographic documentation of each property acquired in sufficient quantity and quality to document the state of the properties prior to and after acquisition. "After" photos are particularly needed if site is subsequently cleared of human elements such as structures, wells, septic systems, fencing, etc. G. Conservation Covenant (ECOLOGY Form): All properties acquired shall be protected as open space in perpetuity for floodplain and wetland functions, including a potential setback levee, a natural riverine environment, and as applicable: non -motorized public access trails and viewpoints with restroom facilities, nature preserves, cultivation, grazing and unimproved porous parking. (The Acquisition Report will include the pre-recorded Conservation Covenant and deed. The recorded Conservation Covenant and deed will be submitted to Ecology after recording with County). H. Escrow Process: (if applicable): If RECIPIENT requires resources to acquire property in advance of closing. The RECIPIENT can request (an exception to Ecology's reimbursement policy) by going through the escrow process. This process allows Ecology to pay RECIPIENT's grant funds in advance for the property acquisition through the title company. The RECIPIENT, working through an established title company, will provide ECOLOGY with supporting documents including: 1) (Hard copy) (red) Face Sheet for acquisitions. 2) (Electronic) Payment Request entered in Ecology's web based grant system. 3) (Hard copy) Title Company's "Wire Transfer Request" with routing number, and wiring instructions for specific property referenced. 4) (Hard copy) Settlement Statement. 5) Closing date of property. ECOLOGY will wire funds to the title company for acquisition at the time of closing. NOTE: Allow sufficient time for ECOLOGY and the Office of the State Treasurer to process documentation (a minimum of three (3) weeks prior to closing). Task Goal Statement: Acquire specific properties from willing sellers in the lower Big Quilcene valley to restore floodplain to open space in perpetuity per the respective conservation covenants. Template Version 10/30/2015 State of Washington Department of Ecology Jefferson County Public Health Lower Big Quilcene Floodplain Demolitions and Replanting Project Agreement No. SEATHA-VER3-JeCoPH-00037 Page 5 of 8 Task Expected Outcome: Protecting people from flood prone properties; removing structures unrelated to floodplain recovery; and providing open space in perpetuity for floodplain restoration. Recipient Task Coordinator: Tami Pokorny Deliverables Number Description Due Date 2.1 Acquisition Report for each property purchased. Upload to EAGL. 05/15/2020 2.2 Include Summary report with photos of acquisition and waste removed in 05/15/2020 the RECIPIENT Closeout Report and the Project Outcome Summary Report (Task 1). CHANGES TO SCOPE OF WORK Task Number: 3 Task Cost: $5,747.00 Task Title: Demolition and Cleanup Task Description: A. The RECIPIENT will conduct necessary testing prior to demolition and the cleanup of solid waste and other materials. The RECIPIENT will complete and submit all permitting required by federal, state, and local laws and ordinances, for demolition, cleanup, decommissioning of wells including well casing removal, and decommissioning of the onsite septic system. B. The RECIPIENT will assess the presence and condition of any underground septic and or oil tanks and, if applicable and if necessary, will develop a removal and decommission plan. C. The RECIPIENT will develop and distribute a Request for Proposal (RFP), conduct a proper bid process, and select a contractor to complete the removal and cleanup. D. The RECIPIENT will ensure the completion of the contract to safely remove debris off site, and to dispose of any associated hazardous materials, in an environmentally approved manner, to a certified hazardous waste facility. E. The RECIPIENT will develop two Inadvertent Discovery Plans (IDP) using an approved template provided by ECOLOGY'S Project Manager. The RECIPIENT will upload copies of the IDP to EAGL prior to implementation. The RECIPIENT will instruct the contractor to keep the IDPs at each of the project sites, make the IDPs readily available to anyone working at the project sites, discuss the IDPs with the crew working at the project sites, and implement the IDP if and when cultural resources or human remains are found at the project sites. Task Goal Statement: Remove threats to water quality, floodplain function, and habitat in the Lower Big Quilcene. Template Version 10/30/2015 State of Washington Department of Ecology Jefferson County Public Health Lower Big Quilcene Floodplain Demolitions and Replanting Project Agreement No. SEATHA-VER3-JeCoPH-00037 Page 6 of 8 -La s& Erected Outca_me; The expected outcome of this task is the completion of all necessary steps for the safe removal and disposal of any associated debris along the shoreline of Lower Big Quilcene. Recipient 'Task Coordinator; Tami Pokorny Deliverables Number Description Due Date 3.1 Complete all required permitting and upload documentation that all permit requirements have been met for each site to EAGL, prior to implementation. 3.2 Complete and upload an Inadvertent Discovery Plan (IDP) for each project site, into EAGL prior to implementation. 3.3 Complete competitive bids, contractor selection, contracting, contract management, and u load all related documentation to EAGL. 3.4 Ensure removal of structures and associated debris from property. The 05/15/2020 RECIPIENT will provide documentation that this was done to the ECOLOGY Project Manager and will record this in the progress report. 3.5 Include before and after photos of the site in both the Recipient Closeout 05/15/2020 Report and the Project Outcome Summary Final Report (Task 1). Template Version 10/30/2015 State of Washington Department of Ecology Jefferson County Public Health Lower Big Quilcene Floodplain Demolitions and Replanting Project Agreement No. SEATHA-VER3-JeCoPH-00037 Fundine Distribution Summa.ry Recipient / Ecology Share Page 7 of 8 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Terry Husseman Account (Coastal Protection Fund) 0 % $ 0.00 $ 35,810.00 $ 35,810.00 7— Total $ 0.00 $ 35,810.00 $ 35,810.00 Template Version 10/30/2015 State of Washington Department of Ecology Jefferson County Public Health Lower Big Quileene Floodplain Demolitions and Replanting Project Agreement No. SEATHA-VER3-JeCoPH-00037 AUTHORIZING SIGNATURES Page 8 of 8 All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 04/01/2019. IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology By: Gordon White Shorelands Program Manager Template Approved to Form by Attorney General's Office Template Version 10/30/2015 Date Jefferson County Public Health Kate Dean, Chair Jefferson Co. Board of Commissioners loved a t fo only; Date: lG► Philip C. H nsucker, Chief Civil Deputy Prosecu ' g torn y Jefferson County Prosecuting Attorney's office Date