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Consent Agenda
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Pinky Mingo, Environmental Public Health and Water Quality Director
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Agenda Item — Natural Systems Design: Hoh River Master Plan Phase I
Amendment 1 to WQ-20-195; September 30, 2021 —January 31, 2022; to
extend the period of performance and add to the scope of work and budget.
$16,088
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of Natural Systems Design Hoh River Master Plan Phase I
Project Amendment 1 to extend the period of performance and add to the scope of work and budget;
September 30, 2021 —January 31, 2022; $16,088
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This agreement is for Natural Systems Design to produce a Phase I comprehensive Hoh River Restoration and
Management Master Plan (Resiliency Plan), including three conceptual designs to improve channel migration
zone function, support self-sustaining floodplain and in-channel habitat for salmon and steelhead in the Middle
Hoh River (RM 16-31), and to address locally identified resiliency objectives. Amendment 1 will add budget to
provide additional design and technical support, meetings, and outreach not originally anticipated in the project
scope, and to cover related project management.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for the Amendment 1 is provided by RCO# 18-2005. There is no matching funds requirement.
RECOMMENDATION:
JCPH Management recommends BOCC signature for Natural Systems Design Hoh River Master Plan Phase I
Project Amendment 1 to extend the period of performance and add to the scope of work and budget;
September 30, 2021 —January 31, 2022; $16,088
REVIEW D BY:
17 /. /12/7/2—/
Mark McCauley terim County Administr Date
Community Health
Developmental Disabilities Environmental Public Health
360-385-9400 360-385-9444
360-385-9401 (f) (f)360-379-4487
Always working for a safer and healthier community
W Q-20-195-A 1
AMENDMENT NO. 1 TO AGREEMENT
Between
JEFFERSON COUNTY
And
NATURAL SYSTEMS DESIGN
The Agreement between Jefferson County,hereinafter referred to as 'the County' and Natural Systems
Design,hereinafter referred to as `Contractor' for the Hoh River Master Plan Phase 1 project(RCO# 18-
2005)is amended effective September 30,2021 through January 31, 2022.
AMENDMENT PURPOSE
The purpose of the amendment is to:
1.) Increase the Scope of Work to provide for one conceptual design re-design and one entirely new
additional conceptual design, participate in three additional steering committee meetings,
participate in additional outreach and public education, incorporate one additional round of public
comments into the Resiliency Plan(Exhibit A),and provide additional project management and
client support to the County.
2.) Extend the period for performance from September 30,2021 to January 31,2022.
3.) Increase payment by$16,088 from$195,415 to$211,503 as estimated in Exhibit B.
All other terms and conditions of the original Agreement remain in full force and effect.All work performed
consistent with the Agreement prior to the execution of this Amendment No. 1 is hereby ratified.
DATED this day of ,20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
WQ-20-195-A1
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Natural Systems Design
Name of Contractor Kate Dean,Chair
S'r.Fv Cr-) 1"4
Contractor Representative(Please print) Heidi Eisenhour,Member
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(Signature) Greg Brotherton,Member
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Title
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Date
Approved as to form only:
0.1114***** 11/12/2021
Philip C.Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
EXHIBIT A
Scope of Work
Natural Systems Design,"Contractor",will perform the following feasibility tasks as part of the Hoh River
Master Plan Phase I project (RCO # 18-2005). Tasks are numbered to be consistent with the original
agreement budget.
Task 1: Project Management and Client Support
This task includes associated project management, coordination, administration, and participation in
leadership group.
Deliverable la: Monthly status reports, updates, and invoices.
Deliverable lb: Correspondence with Jefferson County via email and phone to maintain open
communication.
Task 3: Steering Committee Meetings
NSD will attend three additional steering committee meetings to answer questions related to the plans and
present concept designs.NSD will also present examples from other NSD larger river restoration projects
to highlight habitat and fish use benefits,as well as how common the approach has become.
Deliverable 3a: Presentation describing four concept designs developed.
Deliverable 3b: Presentation of previous large river projects.
Deliverable 3c: Participation of two NSD staff at three additional steering committee meetings
Task 4: Outreach and Public Education
NSD, specifically Tim Abbe, will participate in a float trip with key stakeholders or trustees. He and one
additional NSD staff members will present the project to the Hoh Tribal Council and answer questions.
Deliverable 4a: Attendance at 1-day float trip by Tim Abbe.
Deliverable 4b: Attendance at Tribal Council meeting.
Task 5: Middle Hoh Resiliency Plan
NSD will provide additional project support and advice to the County and provide time to address 1
additional round of comments to the Plan.
Deliverable 5a: Final Resiliency Plan will be delivered as per the original scope of work, inclusive of all
efforts developed under original scope of work and incorporating this final round of comments.
Task 6: Concept Designs
NSD will update and expand one of the original conceptual designs, called Lindner Creek Floodplain,and
develop an additional new concept design to accompany the three included in the original scope of work.
Included in the new concept designs are plan view graphics depicting locations of proposed actions and a
written description to be included in the Action Plan(Appendix to the Resiliency Plan). Draft versions of
the concept designs will be developed,presented to the steering committee to solicit comments,and revised
accordingly. The final concept design will be included in the final version of the action plan.
Deliverable 6a: Draft and final updated conceptual designs and descriptions
Deliverable 6b: Draft and final concept design and description for one additional location,most likely the
Elk Creek area
EXHIBIT B
Estimated Budget
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•
PERSONAL SERVICES AGREEMENT
Between
Natural Systems Design,Inc.
and
Jefferson County
THIS PERSONAL SERVICES AGREEMENT("this Agreement")is entered into between the
County of Jefferson, a municipal corporation("the County"), and Natural Systems Design("the
Contractor"), in consideration of the mutual benefits,terms, and conditions specified below.
Project Designation. The Contractor is retained by the County to perform the following work: In
support of the Hoh River Master Plan Phase I project for restoration of the Middle Hoh River
(RM 16-31),the Contractor will produce a Phase I comprehensive Hoh River Restoration and
Management Master Plan(Resiliency Plan), including three conceptual designs to improve
channel migration zone function, support self-sustaining floodplain and in-channel habitat for
salmon and steelhead and to address locally identified resiliency objectives. Contractor will
support and participate in steering committee meetings, workshops, site visits, education events,
a storytelling exercise, community dinner, video, and project surveys in person or remotely. The
personal services are funded by a grant from the Recreation and Conservation Office(RCO)#18-
2005.
1. Scope of Services. Contractor agrees to perform the services identified on Exhibit"A"
attached hereto including the provision of all labor.
2. Time for Performance. This Agreement shall commence on May 22, 2020 and continue
through September 30, 2021. Work performed consistent with this Agreement during its
term,but prior to the adoption of this Agreement, is hereby ratified. The Contractor shall
perform all services pursuant to this Agreement as outlined on Exhibit"A". Time is of
the essence in the performance of this Agreement.
3. 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 Subcontractor shall not exceed
$195,415.00, as described in Exhibit"B", in the completion of this project
without express written amendment signed by both parties to this Agreement.
b. Invoices must be submitted by the 15th of the month for the previous month's
expenses. Such invoices will be checked by the County, and upon approval
thereof,payment will be made to the Contractor in the amount approved. Failure
to submit timely invoices and reports pursuant to Exhibit B of the Agreement may
result in a denial of reimbursement. Invoices not submitted within 60 days may
be denied.
Page 1 of 20
c. Final payment of any balance due the Contractor of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work and submittal of reports under this Agreement and its
acceptance by the County.
d. Contractor shall provide invoices and necessary backup documentation for all
services including timesheets and statements(specifying the services provided).
Any indirect charges require the submittal of an indirect cost methodology and
rate using 2 C.F.R. Part 255 and 2 C.F.R. Part 230.
e. The Contractor's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the County and state for a period of
six(6)years after final payments. Copies shall be made available upon request.
4. Ownership and Use of Documents.. All non-confidential or de-identified documents,
drawings, specifications, and other materials produced by the Contractor in connection
with the services rendered under this Agreement shall be the property of the County
whether the project for which they are 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. Contractor
shall not be held liable for reuse of documents or modifications thereof, including
electronic data,by County or its representatives for any purpose other than the intent of
this Agreement.
5. Compliance with laws. Contractor shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
6. Audit. An audit will be submitted to the County upon request. Upon request, Contractor
will submit the most recent financial audit within 30 days.
a. Upon request,the County shall have the option of performing an onsite review of
all records, statements, and documentation.
b. If the County finds indications of potential non-compliance during the monitoring
process,the County shall notify Contractor within ten(10)days. County and
Contractor shall meet to discuss areas of contention in an attempt to resolve
issues.
c. Audit will provide statements consistent with the guidelines of Reporting for
Other Non-Profit Organizations AICPA SOP 78-10, and is performed in
accordance with generally accepted auditing standards and with Federal Standards
for Audit of Governmental Organizations, Programs,Activities and Functions,
and meeting all requirements of 2 C.F.R. Part 200, as applicable.
Page 2 of 20
7. Indemnification.
a. To the extent of its comparative liability, each party agrees to indemnify,defend
and hold the other party, its officers, officials, employees, agents and volunteers
(and their marital communities),harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's
fees and alternative dispute resolution costs, for any personal injury, for any
bodily injury, sickness, disease or death and for any damage to or destruction of
any property(including the loss of use resulting therefrom)which are alleged or
proven to be caused by an act or omission, negligent or otherwise, of its officers,
officials, employees, agents and volunteers(and their marital communities).
b. A party shall not be required to indemnify, defend, or hold the other party or its
officers, officials, employees, agents and volunteers (and their marital
communities)harmless if the claim, damage, loss or expense for personal injury,
for any bodily injury, sickness, disease or death or for any damage to or
destruction of any property(including the loss of use resulting therefrom) is
caused by the sole act or omission of the other party or its officers, officials,
employees, agents and volunteers.
c. In the event of any concurrent act or omission of the parties and their officers,
officials, employees, agents and volunteers,negligent or otherwise, these
indemnity provisions shall be valid and enforceable only to the extent of the
comparative liability of each party and its officers, officials, employees, agents or
volunteers.
d. The parties agree to maintain a consolidated defense to claims made against them
and to reserve all indemnity claims against each other until after liability to the
claimant and damages, if any, are adjudicated. If any claim is resolved by
voluntary settlement and the parties cannot agree upon apportionment of damages
and defense costs,they shall submit apportionment to binding arbitration.
e. The indemnification obligations of the parties shall not be limited in any way by
the Washington State Industrial Insurance Act, Title 51 RCW, or by application of
any other workmen's compensation act, disability benefit act or other employee
benefit act. Each party hereby expressly waives any immunity afforded by such
acts to the extent required by a party's obligations to indemnify, defend and hold
harmless the other party, its officers,officials, employees, agents and volunteers
(and their marital communities). A party's waiver of immunity does not extend to
claims made by its own employees directly against that party as employer. The
indemnity provisions of this section are a material inducement to enter into this
Agreement and have been mutually negotiated.
f. The provisions of this section shall survive the expiration or termination of this
Agreement.
Page 3 of 20
8. Insurance. Prior to commencing work,the Contractor shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage
in force during the terms of the Agreement.
a. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or
used in the performance of the work for a combined single limit of not less than
$500,000 each occurrence with the County named as an additional insured in
connection with the Contractor's performance of this Agreement. This insurance
shall indicate on the certificate of insurance the following coverage: (a) Owned
automobiles; (b)Hired automobiles; and, (3)Non-owned automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000)per occurrence and an aggregate of not less
than two (2)times the occurrence amount($2,000,000.00 minimum) for bodily
injury, including death and property damage,unless a greater amount is specified
in the contract specifications. The insurance coverage shall contain no limitations
on the scope of the protection provided and include the following minimum
coverage:
i. Broad Form Property Damage,with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability—including coverage for
products and completed operations;
iv. Premises—Operations Liability(M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
c. Professional Liability Insurance. The Contractor shall maintain professional
liability insurance against legal liability arising out of activity related to the
performance of this Agreement, on a form acceptable to Jefferson County Risk
Management in the amounts of not less than$1,000,000 Each Claim and
$2,000,000 Aggregate. The professional liability insurance policy should be on
an"occurrence" form. If the professional liability policy is"claims made,"then
an extended reporting periods coverage(tail coverage) shall be purchased for
three(3)years after the end of this Agreement, at the Contractor's sole expense.
The Contractor agrees the Contractor's insurance obligation to provide
professional liability insurance shall survive the completion or termination of this
Agreement for a minimum period of three (3) years.
d. The County shall be named as an"additional named insured"under all insurance
policies required by this Agreement, except Professional Liability Insurance when
not allowed by the insurer.
Page 4 of 20
e. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of
Credit from a qualified financial institution.
f. The Contractor shall furnish the County with properly executed certificates of
insurance that, at a minimum, shall include: (a) The limits of coverage; (b) The
project name to which it applies; (c) The certificate holder as Jefferson County,
Washington and its elected officials, officers, and employees with the address of
Jefferson County Public Health 615 Sheridan Street,Port Townsend, WA 98368,
and, (d)A statement that the insurance policy shall not be canceled or allowed to
expire except on thirty(30) days prior written notice to the County. 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. Certificates of coverage as required by this
section shall be delivered to the County within fifteen(15)days of execution of
this Agreement.
g. Failure of the Contractor to take out 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 of the County.
h. The Contractor's insurers shall have no right of recoveryor subrogation against
the County(including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies,with the exception of
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above described insurance.
i. 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.
j. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Contractor.
k. Any deductibles or self-insured retention shall be declared to and approved by the
County prior to the approval of this Agreement 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.
1. Insurance companies issuing the Contractor's insurance 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
insurance policy.
Page 5 of 20
m. Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof,may be withheld from
payment due,or to become due,to the Contractor until the Contractor shall
furnish additional security covering such judgment as may be determined by the
County.
n. Any 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.
o. The County may, upon the Contractor's failure to comply with all provisions of
this Agreement relating to insurance, withhold payment or compensation that
would otherwise be due to the Contractor.
p. The Contractor's liability insurance provisions shall be primary and
noncontributory with respect to any insurance or self-insurance programs
covering the County, its elected and appointed officers, officials, employees, and
agents.
q. Any failure to comply with reporting provisions of the insurance policies shall not
affect coverage provided to the County, its officers, officials, employees, or
agents.
r. The Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
s. 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
the requirements stated herein.
t. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they
limitations on indemnification.
u. The Contractor shall maintain all required insurance policies in force from the
time services commence until services are completed. Certificates, insurance
policies, and endorsements expiring before completion of services shall be
promptly replaced. All the insurance policies required by this Agreement 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 Jefferson
County Public Health Contracts Manager by registered mail,return receipt
requested.
v. The Contractor shall place insurance with insurers licensed to do business in the
State of Washington and having A.M. Best Company ratings of no less than A-,
Page 6 of 20
with the exception that excess and umbrella coverage used to meet the
requirements for limits of liability or gaps in coverage need not be placed with
insurers or re-insurers licensed in the State of Washington.
w. The County reserves the right to request additional insurance on an individual
basis for extra hazardous contracts and specific service agreements.
9. Workers Compensation(Industrial Insurance),
a. If and only if the Contractor employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Contractor,the Contractor shall maintain
workers compensation insurance at its own expense, as required by Title 51
RCW,for the term of this Agreement and shall provide evidence of coverage to
Jefferson County Public Health, upon request.
b. Workers compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own
worker's compensation and employer's liability insurance.
d. The Contractor expressly waives by mutual negotiation all immunity and
limitations on liability,with respect to the County, under any industrial insurance
act, disability benefit act, or other employee benefit act of any jurisdiction that
would otherwise be applicable in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall be recoverable from the Contractor.
10. independent Contractor. The Contractor and the County agree that the Contractor is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Contractor specifically has the right to direct and control Contractor's own activities,
and the activities of its subcontractors, employees, agents, and representatives, in
providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither Contractor nor any employee of
Contractor shall be entitled to any benefits accorded County employees by virtue of the
services provided under this Agreement, including, but not limited to: retirement,
vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits;
fringe benefits; or any other rights or privileges afforded to Jefferson County employees.
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 Contractor, or any
employee of Contractor.
Page 7 of 20
11. Subcontracting Requirements,.
a. The Contractor is responsible for meeting all terms and conditions of this
Agreement including standards of service,quality of materials and workmanship,
costs, and schedules. Failure of a subcontractor to perform is no defense to a
breach of this Agreement. The Contractor assumes responsibility for and all
liability for the actions and quality of services performed by any subcontractor.
b. Every subcontractor must agree in writing to follow every term of this
Agreement. The Contractor must provide every subcontractor's written
agreement to follow every term of this Agreement before the subcontractor can
perform any services under this Agreement. The Public Health Director or their
designee must approve any proposed subcontractors in writing.
c. Any dispute arising between the Contractor and any subcontractors or between
subcontractors must be resolved without involvement of any kind on the part of
the County and without detrimental impact on the Contractor's performance
required by this Agreement.
12. Covenant Against Contingent Fees, The Contractor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Contractor,to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
Contractor, any fee, commission,percentage,brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the County shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover,the full amount of such fee, commission,percentage,
brokerage fee, gift, or contingent fee.
13. Discrimination Prohibited. The Contractor,with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color,national origin,
religion, creed, age, gender, sexual orientation, material status, sex, or the presence of any
physical or sensory handicap in the selection and retention of employees or procurement
of materials or supplies.
14. No Assignment. The Contractor shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the County. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
15. Non-Waiver. Waiver by the County of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
16. Termination.
Page 8 of 20
a. The County reserves the right to terminate this Agreement at any time by giving
ten(10) days written notice to the Contractor.
b. In the event of the death of a member, partner, or officer of the Contractor, or any
of its supervisory personnel assigned to the project, the surviving members of the
Contractor hereby agree to complete the work under the terms of this Agreement,
if requested to do so by the County. This section shall not be a bar to
renegotiations of this Agreement between surviving members of the Contractor
and the County, if the County so chooses.
c. The County reserves the right to terminate this contract in whole or in part, with
10 days' 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.
17.Notices. All notices or other communications which any party desires or is required to
give shall be given in writing and shall be deemed to have been given if hand-delivered,
sent by facsimile, email, or mailed by depositing in the United States mail,prepaid to the
party at the address listed below or such other address as a party may designate in writing
from time to time.
Notices to the County shall be sent to the following address:
Tami Pokorny,Natural Resources Program Coordinator
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
trkorny cco:Jefferson. u
Ph: 360-379-4498
Notices to Contractor shall be sent to the following address:
Dawn Duncan, Office Manager
Natural Systems Design, Inc.
1900 Northlake Way, Suite 211
Seattle, WA 98103
Dawn(?anaturaldes.corm
Ph: 206-480-1114
18. Integrated Agreement. 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. No
representation or promise not expressly contained in this Agreement has been made. This
Agreement supersedes all prior or simultaneous representations,discussions,
negotiations, and agreements, whether written or oral,by the County within the scope of
this Agreement. The Contractor ratifies and adopts all statements,representations,
warranties, covenants, and agreements contained in its proposal, and the supporting
Page 9 of 20
material submitted by the Contractor, accepts this Agreement and agrees to all of the
terms and conditions of this Agreement.
19. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any disputed issue not resolved
pursuant to the terms of this Agreement shall be submitted in writing within 10 days to
the County Risk Manager,whose decision in the matter shall be final,but shall be subject
to judicial review. If either party deem it necessary to institute legal action or proceeding
to enforce any right or obligation under this Agreement, each party in such action shall
bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated
in the Superior Court of the State of Washington for Jefferson County. The parties agree
that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the
laws of the State of Washington. The Contractor hereby consents to the personal
jurisdiction of the Superior Court of the State of Washington for Jefferson County.
21. Section Headings. The headings of the sections of this Agreement are for convenience of
reference only and are not intended to restrict, affect, or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
22. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach
by either party, whether express or implied, shall constitute a consent to,waiver of, or
excuse of any other, different, or subsequent breach by either party.
23. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
24. Sevorability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to
any person or circumstance shall be invalid, illegal, or unenforceable to any extent,the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
25. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
26. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained
by this Agreement without the express written consent of the County.
27. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
Page 10 of 20
28. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect
as if all the parties had signed the original.
29. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
30. Arms-Length.Negotiations. The parties agree that this Agreement has been negotiated at
arms-length,with the assistance and advice of competent, independent legal counsel.
31. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary,to
the extent any record, including any electronic, audio,paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW,as may hereafter be amended, the Contractor agrees to
maintain all records constituting public records and to produce or assist the County in
producing such records, within the time frames and parameters set forth in state law. The
Contractor further agrees that upon receipt of any written public record request,
Contractor shall, within two business days,notify the County by providing a copy of the
request per the notice provisions of this Agreement.
32. Confidentiality. With respect to all information relating to County that is confidential
and clearly so designated, as required by the Health Insurance Portability and
Accountability Act(HIPAA) and any other applicable privacy laws, the Contractor
agrees to keep such information confidential. The Contractor shall not disclose, transfer,
or sell any such information to any party, except as provided by law or, in the case of
personal information, with the prior written consent of the person to whom the personal
information pertains. The Contractor shall maintain the confidentiality of all personal
information and other information gained by reason of this Agreement, and shall return or
certify the destruction of such information if requested in writing by Jefferson County.
This Agreement, once executed, will be a"public record"subject to production to a third
party if same is requested pursuant to• the Washington Public Records Act, Chapter
42.56 RCW, as may hereafter be amended.
DATED this day of ,20 a
(SIGNATURES POLL ON THE NEXT PAGE)
Page 11 of 20
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD 0 'COMMISSIONERS
Natural Systems Design, Inc. .. `.
Name of Contractor Greg Brotherton,Chair
Tim Abbe.PhD. PEG, PHG,Principal in Charge
Contractor Kate Dean,Member
(Si \ ‘..
isc-\+‘ 4 k\\-16: (At
attire) David Sullivan,Member
P fessional Engineering Geologist,WA,2002,#1151
rofessional Hydrogeologist,WA,2002,#1151
Afit lAt* 3 2 b 0
, , i
Date
ATTEST: I;
BY: (a + avve
Carolyn GalDeputy CIerk of theoard
APPROVED AS TO FORM ONLY:
7/21/2020
Philip C.Hunsucker
Chief Civil Deputy Prosecuting Attorney
Page 12 of 20
Exhibit A: Scone of Work
The Contractor shall work collaboratively to produce a Phase I comprehensive Hoh River
Restoration and Management Master Plan(Resiliency Plan), including three conceptual designs
to improve channel migration zone function, support self-sustaining floodplain and in-channel
habitat for salmon and steelhead in the Middle Hoh River(RM 16-31), and address locally
identified resiliency objectives. The plan will provide a synthesis of existing knowledge
including geomorphic and physical habitat information; mapping of channel and floodplain
features; 2D hydraulic modeling using existing LiDAR and new bathymetry; a platform for
consideration of transportation,resiliency and restoration goals, options and opportunities.
Contractor will support and participate in the meetings of an existing project steering committee,
workshops, site visits, education events, a storytelling exercise, community dinner,video, and
project surveys in person, or remotely, as appropriate and practicable.
The Contractor is an independent contractor and not an employee of Jefferson County.
Task 1: Project Management
Contractor will lead project scheduling, maintain adherence to the scope of work,timelines, and
due dates; request for, and receive landowner permissions to access property; lead the team
interaction with the existing project steering committee; and ensure adherence to data quality
assurance and controls. Contractor will provide updates to Jefferson County to facilitate the
tracking of progress and to communicate major findings as information becomes available.
Contractor will produce monthly summary reports to accompany our invoicing for services
completed.
Deliverables:
la)Monthly status reports,updates, and invoices—Due June 2020 through September
2021
lb)Correspondence with Jefferson County via email and phone to maintain open
communication—Due weekly June 2020 through September 2021
Task 2: Assemble Technical and Community Data
Contractor will quantify the key geomorphic,hydraulic, and habitat trends, along with social
components related to land use,access,recreation priorities, and local and traditional ecological
knowledge. The results of this data collection and analysis will form the framework for the
development of the Resiliency Plan in Task 5. Draft results of the Channel migration zone
delineation, the Restoration Corridor, vegetation and aquatic habitat mapping, and 2D hydraulic
analysis will be presented to the steering committee where the main trends and conclusions of
the work will be discussed. Contractor will maximize use of existing information and previously
completed work products to the extent feasible,to reduce time and expenses under this task.
Technical and data assembly will include the following:
• Background Data Collection: Contractor will identify data to inform the field data collection
plan. The plan will be presented to the steering committee for review and approval and
incorporate previous Bureau of Reclamation (BoR)work on the Hoh River.
• As funding or partnerships allow, coordinate acquisition of green, or bathymetric, LiDAR to
Page 13 of 20
the margins of the valley bottom in order to support the delineation of aquatic habitats (i.e.
pools), and the development of 2-dimensional hydraulic modeling (Task 5). It is anticipated
that the LiDAR will be flown in the Fall 2020 following leaf-off and prior to potential high
flows.
• Field Reconnaissance: Over 3 days, Contractor will perform reconnaissance of the project
area by raft and on foot to collect additional topographic, geomorphic and substrate data,
aquatic habitat data, and vegetation and forest stand information as follows.
o Analysis: Following background and field data collection, Contractor will compile
the data to complete the following analysis:
o Topography: Compile LiDAR and field survey data into a composite topographic
surface. Contractor will also create a Relative Elevation Map(REM) for the project
reach.
o Channel Migration Zone Delineation: Contractor will delineate the channel migration
zones (CMZs),which are defined as all areas susceptible to bank erosion by streams
and rivers within the foreseeable future or at least 100 years into "high", "medium",
and"low"hazard zones based on the analysis of river erosion rates over time.
o Restoration Corridor: Contractor will define the restoration corridor based on the
results of the geomorphic and hydraulic analysis,the CMZ analysis,the experience of
the Contractor's team members, and the examination of: 1)Floodplain topography
and geomorphology, including erosion rates and erosion hazard zones, 2)Meander
bend amplitude, 3)historic channel avulsions, and 4) Relative elevation model
topography and topographic breaks.
o Aquatic Habitat: Contractor will map and quantify channel types(i.e. mainstem,
braid, or side channel), and aquatic habitat units(i.e. pools, riffles, or glides).
Contractor will also quantify through both the field survey and a desktop exercise:
streambank condition, locations of riprap, levees, and road banks (i.e. hydro-
modified), large wood jams, and dominant substrate class. Existing wetlands will be
identified using National Wetlands Inventory(NWI) database, with location and
wetland type updated using current air photos. Other existing and potential sources of
cooler water(wall-based springs, large alluvial fans, etc)will be documented,
quantified, and prioritized for further study or other future action as they are
encountered during the field surveys and through landowner referral.
o All of these elements will be geo-referenced,measured, and quantified for inclusion
in the Resiliency Plan.
o Vegetation: Contractor will map and quantify forest stand types and age.
o Hydrology: Contractor will complete an assessment of basin hydrology within the
project area including flows related to the I-year, 10-year, and 100-year return
intervals and evaluate how current climate change projections may affect these flows
in the future(100-years). Assessment will include impacts to lower tributaries and
wall based springs.
o 2D Hydraulic Modeling: Contractor will develop a 2-Dimensional hydraulic model—
at 1-year, 10-year, and 100-year return interval flows—using the channel and
floodplain topography to evaluate channel-floodplain connectivity, inundation
extents, instream velocities and shear stresses and to inform the development of the
restoration corridor.
o Geology and Sediment: Contractor will compile geologic and landslide maps within
the project area, and identify major sources of sediment to the river in the reach.
Page 14 of 20
Geologic controls on river processes will be identified and characterized, such as
resistant bedrock exposures limiting lateral erosion or buried deposits inhibiting
incision(and pile driving). Landslides within the reach will be identified using
existing databases and review of the LiDAR, and potential for rapid shallow landslide
risk will be assessed as well. Significant sediment sources will be identified and
estimates of load contributed will be made. Deep seated landslides will be described
and recent changes documented, including impacts to roads.
o Stakeholder Input: Contractor will map land ownership, land use, and recreational
resources and compile data related to local and traditional ecological knowledge.
Deliverables:
2a) Data gaps memo summarizing the literature review and the field data collection plan—
Due July 2020
2b) Composite LiDAR and field survey topographic surface using data collected in 2020, if
available, or existing data—Due March 2021
2c) Channel Migration Zone and Restoration Corridor delineation—Due November 2020
2d)Aquatic Habitat, Vegetation, Geologic and Landuse/Landowner Maps of the project
reach—Due November 2020
2e) 2D hydraulic model output of existing conditions—Due March 2021
2f)Analysis will be summarized and presented to the steering committee. Results will be
included in the Resiliency Plan in Task 5—Due July 2021
Task 3: Steering Committee Meetings
The informal steering committee meetings will be the primary method for Contractor to gather
information, organize outreach events, and obtain critical review of technical work. Contractor
will attend half(8) of the meetings in person, and half(8)by phone/internet. In-person meetings
are preferred to present technical findings and meet with stakeholders at critical milestones.
Phone meetings are valuable to provide project updates and participate in planning discussions.
If, due to COVID-19 response, fewer person meetings are not advisable,those meetings will be
conducted by phone/internet and travel time will be used, instead,to conduct or support field
work.
Deliverables:
3a) Contractor's project manager and/or principal will participate in 8 meetings in person
and 8 meetings by phone/internet—Due monthly(usually third Monday afternoons)June
2020 through September 2021
Task 4: Outreach and Public Education Tools and Events
Contractor will work with Jefferson County and the steering committee to present technical
analyses and collect public input through three community events, in addition to regular steering
committee meetings, conducted in-person unless COVID-19 response limits the number of
participants. Contractor will produce graphics and maps for outreach events. These events are
assumed to occur at three key points in the project timeline: Project kickoff, following initial data
collection and analysis(Task 2), and to present the draft Resiliency Plan(Task 5). Contractor's
public outreach lead and/or principal,will represent the technical team at these events.
Contractor will provide technical data and participate in the development and/or review of public
Page 15 of 20
education tools such as informational kiosks,brochures,video, story documentation,newspaper
articles and notices, website and social media postings,and presentation materials. Contractor
will participate in project video and site visits.
Deliverables:
4a) Contractor will participate in 3 in-person or remote access public outreach events
coordinated by the steering committee and Jefferson County—Due: Event calendar at
discretion of Jefferson County. Contractor to be given at least 1 month advance notice.
4b) Contractor will provide technical support for additional public outreach tools up to
$5,000 in staff time—Due: Public outreach calendar at discretion of Jefferson County.
Contractor to be given at least 2 weeks'; advance notice.
Task 5: Resiliency Plan and Action Plan
Contractor will prepare Resiliency Plan to document the analysis conducted in Task 2,propose
the Action Plan, and outline the steps for future phases. Contractor will develop an annotated
outline for the proposed Resiliency Plan following the presentation of technical data(Task 2) and
the public event#2 (Task 4). A final outline will be approved by the steering committee.
Contractor will develop an Action Plan as an appendix to the Resiliency Plan to document and
prioritize the range of actions building off of the analysis and conclusions presented within the
Resiliency Plan,while systematically incorporating stakeholder input during project
identification and ranking of project actions. Proposed actions will focus on addressing the
causal mechanisms of increased channel migration rates, loss of floodplain forest, loss of key
aquatic habitats,the sustainability of existing roads and properties, while providing long-term
solutions to improve habitat and address adverse impacts to landowners. Actions will then be
prioritized and sequenced within that framework based the extent and durability of anticipated
biological benefits, social feasibility,project complexity, constructability, and coarse-scale cost.
A"score sheet" for each of the identified actions will allow for a transparent evaluation system
to accommodate stakeholder and landowner review and feedback. Contractor will work with the
steering committee to select up to three priority project areas to then develop conceptual level
designs(Task 6). The final Resiliency Plan will include updates as obtained through the public
meeting/review process, a final prioritization matrix, and conceptual plan graphics(Task 6)that
can be used for future public presentations.
The primary components of the Resiliency Plan will be:
• Delineation of existing fluvial hazards: Contractor will delineate Channel Migration Zone
based on state guidelines and best available science to include avulsion hazards and
differentiate erosion risk zones of high(next 25 years),moderate(25-75)and low(>75-
yrs). Contractor will also delineate the 100 year flood inundation zone based on 2020
topography.
• Desired Future Conditions: Using information and outcomes from Task 2 and the public
events, Contractor will draft specific short-, intermediate- and long-term desired future
condition statements for restoration of riverine processes,roads, public access, and land
use in the project area. This will include overarching goals and specific objectives to
meet these conditions. A key part of future conditions will be incorporating climate
change effects on peak and base flows(see Climate Change Analysis bullet below).
• Existing Conditions and Trends: Contractor will summarize the conclusions of the Task 2
analysis related to aquatic habitat, vegetation,hydrology, geology and sediment sources,
Page 16 of 20
and invasive plants. For each element, Contractor will identify causal mechanisms,
trends,likely changes to trend lines, cumulative effects, and direct or indirect actions to
achieve desired future conditions. A crucial element will be riparian forest development
trends and how invasive species and elevated channel migration rates may be limiting
development of mature trees.
• Restoration Corridor Overview: The final restoration corridor will be developed in Task 2
will be summarized to provide the spatial context for proposed restoration actions. A final
map will be developed to show the restoration corridor relative to aerial images and the
REM. A description of the potential and timeline for a fully realized corridor to meet
desired future conditions will be provided.
• Hydraulics: The 2D hydraulic model output of existing conditions (Task 2)will be
compiled into an Appendix.
• Transportation Overview: Contractor will complete an assessment of existing roads and
public access points within the project area and identify those areas that are in conflict
with the Desired Future Conditions goals and objectives. All infrastructure will be
evaluated relative to the Channel Migration Zone risk assessment(Task 2) and the extent
of the 100-year flood(Task 2). This chapter of the Resiliency Plan will also identify
opportunities for redesign of infrastructure and access consistent with community needs
and the goals of the project.
• Climate Change Analysis: Historic flow records clearly show a trend of increasing peak
flows in the Hoh River. The warming climate has resulted in glacial recession and
hydrologic changes that include a trend of increasing peak flows and diminishing low
flows coupled with increased sediment supply. Contractor will determine how river
migration and morphology is likely to respond to greater peak flows and the
consequences to habitat, infrastructure and property. Cumulative climate change effects
and potential tipping points will be described. Contractor will then evaluate the potential
restoration actions proposed in the Action Plan and their ability mitigate the impacts of
climate change. If the Action Plan falls short, Contractor will describe what additional
actions or approaches, if any,may be sufficient to mitigate such impacts.
• Structural Elements: Contractor will delineate and describe the restoration and flood
defense elements in the Resiliency Plan, such as engineered structures,wood placement,
riparian planting, grading to improve side channel reconnection and of channel rearing.
• Lessons Learned: Contractor will discuss previous bank protection and restoration efforts
on the Middle and Lower Hoh River. This will include rock and wood placements.
• Phase II Approach: Contractor will work with the steering committee to outline the
critical work paths for the implementation of the Resiliency and Action Plans. This
includes a sequencing plan for the conceptual designs, and considerations for future
phases that include potential activities downstream of the project reach.
• Contractor will coordinate with 10,000 Years Institute and Trout Unlimited to integrate
their contributions to the Resiliency Plan(invasive plants and promoting capacity locally
to meet demand for restoration jobs).
Deliverables:
5a)Draft Resiliency Plan outline to include restoration corridor,hydraulic model outputs,
habitat mapping, Channel Migration Zone mapping and transportation corridor analysis—
Page 17 of 20
Due July 2021
5b) Draft Resiliency Plan and Action Plan to include conceptual restoration and flood
defense designs—Due July 2021
5c) Final Resiliency Plan and Prioritized Action Plan with comments/updates—Due
September 30, 2021
Task 6: Conceptual Designs,Description and Analysis
Conceptual designs will be developed for up to three different sites as recommended during the
development of the Action Plan and agreed upon by the steering committee. The concepts will
consist of single plan-view graphics with a brief written description and are assumed to include
instream and floodplain restoration elements,along with incorporation of potential modifications
to access and roads. Possible locations for wetland enhancements or enlargements, beaver dam
analogs, and other innovative techniques will be identified. Each concept will include a
description of project constraints (e.g. construction, geomorphic, social) and implementation
feasibility. All of the actions will also be classified by their potential to be implemented in the
short-term(1-5-year process), or long-term(5-20-year process). Examples of projects that can be
implemented in the short-term include the construction of engineered log jams and fee simple
land acquisition. Examples of projects that can be implemented in the longer-term includes the
removal or re-routing of major roadways, additional natural water storage such as wetland
expansion or improvements,purchase of life estates or conservation easements, and changes to
land management policies. Contractor will also work with the steering committee to identify
potential construction access and materials staging areas. This will allow for the staging or
stockpiling of large wood prior to implementation of the conceptual plans in Phase 2.
The conceptual design drawings and descriptions will be included in the Action Plan(Task 5).
Deliverables:
6a)Draft and Final Conceptual Plan view graphics and descriptions—Due July(draft),
September(final)2021.
Task 7: Document Cultural and Environmental Review and Processes
The cultural and environmental review and permitting processes associated with the
implementation of elements that may be proposed as part of the Resiliency Plan (i.e. restoration
actions,road realignment,recreational access plans),will likely require intensive study,
application support, documentation, and consultation with local, state, and federal agencies and
Tribes. Contractor will follow the permitting guidance as outlined in the SRFB Manual 18
Appendix D,which recommends project permitting during the preliminary planning phase of the
project. While conceptual plans will be provided as part of the Resiliency Plan,these plans will
not provide enough project detail to complete project permitting, however,they will allow for the
scoping of future permit-related efforts such as Section 106 and Tribal consultations, wetland
delineations related to Corps of Engineers(Section 404)and Washington Department of Ecology
(Section 401)permits, Washington Department of Fish and Wildlife Hydraulic Project
Approvals, Washington Department of Natural Resources Aquatic Lands Use Right of Entry
Permits,Endangered Species Action Section 7 consultation, and other permits or reviews that
may be associated with work within tribal use areas and federally managed lands. At this
conceptual phase of the project, Contractor will work with Jefferson County to outline the review
and permitting pathway,timeline, application materials and studies, and likely costs associated
Page 18 of 20
with the efforts. This will allow Jefferson County to account for future permitting efforts as part
of Phase 2 of the project.
Deliverables:
7a)Contractor will provide up to 8 hours of technical support to Jefferson County to
outline future permitting pathways,consultations,timelines, and costs. This will be
included as a technical appendix to the Resiliency Plan in Task 5—Due September 30,
2021.
Page 19 of 20
EXHIBIT B: ESTIMATED BUDGET
IllNSD Travel ipmen6 Cramer Fish
NSD NSD Labor Cost Equipment DEA Total Cost
ses
Task Description a Sciences
Total Hours
vx - as ... ::
.. ... ... .. .. $1,0,
iiiiii=riniriarna
1 v.t.,w¢p and trrclacl uaiu 45 $1.400 ta.. $4
.7 .z.. - _,
ita. and RevIiw $4 749 _. _ y
a15ai '
...-_ �l ".,
ti 4 #aMICs , _ __ 72 . . �9_,2Dil_ 33.94!D:" ��4'
34 $2,900 *900 1'i2`i:'•
0 Forest Stand 5014y 7 14,345 $1300
27 HY*oiap000,0*itr 12 $1,740 w $1
jam. '.-, ,�.. �e� � —
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�Led Useand Recreliawiiaa 15 277 � $
ta+roy 24
2.12. t al a id Trad$ea sd I8 oica� t+rerer: ._. 4 .
ac i
373 .300 .4II.
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Subtot 02 tq 11.380 . .18.. 115 .
1 Jeff CO Pt c Etiu an TMry
,-' _e.,, :1.0 Sot IiiMiiiiil EWEN iiiiik
6,1 selx $314 €
' .__
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$1
127
.T aipvar i* $.145 . 1i5,06D - >- $6.1
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ins t#msta 1Staa pe Warriew J
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$ram`
$1.14 S'
$535
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4df
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.' -.,:._x r R.s erey plan $1pl115 404. $17.01
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Page 20 of 20