HomeMy WebLinkAboutCONSENT Rocky Brook amend 2 615 Sheridan Street
Port Townsend, WA 98368
6� ehson www.JeffersonCountyPublicHealth.org
Public He� Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Pinky Feria Mingo, Environmental Health and Water Quality Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: pah,t1, �, - -3; 207 Y
SUBJECT: Agenda Item - Amendment 2 to the Dosewallips River: Rocky Brook and
Powerlines Reach Habitat Restoration Design Agreement with Natural Systems
Design; April 1, 2023 - December 31, 2024; $472,387.00 (unchanged)
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of Amendment 2 to the Dosewallips River: Rocky Brook
and Powerlines Reach Habitat Restoration Design Agreement with Natural Systems Design; April 1, 2023
- November 30, 2024; no additional expenditure
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
This agreement is to develop preliminary designs for high value restoration actions to support habitat for
threatened salmon in the Powerlines Reach (RM 1.3-2.5). The amendment will extend the period of service
until December 31, 2024.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Existing funding for this project is provided through the RCO SRFB. No additional funds are required for the
extension of time covered by this amendment.
RECOMMENDATION:
JCPH Management recommends BOCC signature for Amendment 2 to the Dosewallips River: Rocky Brook
and Powerlines Reach Habitat Restoration Design Agreement with Natural Systems Design; April 1, 2023
- December 31, 2024; $472,387.00
REVIEWED BY:
Mark McCauley, ounty Administrator 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
W Q-23-022-A2
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Natural Systems Design (NSD) Contract No: WQ-23-022-A2
Contract l or: Rocky Brook- Powerlines Reach, Amend.2 Term: April 1, 2023-December 31, 2024
COUNTY DEPARTMENT: Public Health
Contact Person: Tam!Pokorny
Contact Phone: x 498
Contact email: tpokorny@co.jefferson.wa.us
AMOUNT: $472,387.00(unchanged) PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund 11 128 RFP or RFQ
Mullis Org/Obj 12855310 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMJq,P/f ANCE>I,Tlf,-JC -3:A5.080 AND CHAPTER 42.23 RCW.
CERTIFIED: FM N/A: rx= Nov. 8, 20?4
Signatur Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: N/A: , 1N4--' P_ Nov. 8. 2()<4
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 11/13/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 11/15/2024.
Standard amendment language. Amendment No. 2 to extend timeline. Prior
amendment and original agreement attached.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
Contract Amendment#2
Between
Natural Systems Design Inc.
And
Jefferson County Public Health
WHEREAS,Natural Systems Design Inc. (Contractor) and Jefferson County (County)entered into an
agreement on April 1, 2023 for Professional Services. These services include developing designs for
high value restoration actions to support habitat for threatened salmon species in two reaches of the
Dosewallips River; and
WHEREAS,the parties desire to amend the terms of that agreement;therefore
IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS:
1. The term of the above-referenced agreement will be extended until December 31, 2024.
2. No additional funding is required beyond those funds previously set aside for this purpose.
3. All other terms and conditions of the agreement will remain the same.
APPROVED AND ADOPTED this day of 12024.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Amendment 2 to Professional Services Agreement,Natural Systems Design Inc. Page 1 of
WQ-23-022-A2
Docusign Envelope ID:E652A057-852E-4AAE-93BE-EOOBEB431A88
SIGNATURE PAGE
JEFFERSON COUNTY WASHINGTON NATURAL SYSTEMS DESIGN INC.
Board of County Commissioners
Jefferson County, Washington
By: By: (f1 r
Kate Dean, Chair Signature
SEAL: Name: Leif Embertson
Title: President
Date: 12/10/2024
ATTEST:
Carolyn Gallaway,
Clerk of the Board
Approved as to form only:
for 11/15/2024
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Amendment 2 to Professional Services Agreement,Natural Systems Design Inc. Page 2 of
Contract Amendment#1
Between
Natural Systems Design,Inc.
And
Jefferson County Public Health
Dosewallips River: Rocky Brook and Powerlines Reach Habitat Restoration Designs
WHEREAS,Natural Systems Design(Contractor) and Jefferson County(County) entered into an
agreement on April 1,2023 for Professional Services. These services include developing designs for
high value restoration actions to support habitat for threatened salmon species in two reaches of the
Dosewallips River.
WHEREAS,the parties desire to amend the terms of that agreement.
IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS:
1. Section 4.,Payment, is increased by $27,500.00 to a total of$472,387.00.
2. In the Scope of Work for Rocky Brook— Jupiter Bridge Reach, the budget for Task 1 is
decreased by $6,942 and this amount is added to Task 4, Stakeholder Outreach. The "CMZ
Figure of reach, stamped by a Licensed Geologist," is removed and the total number of hours
for landowner meetings is increased from 24 to 49 hours.
3. In the Scope of Work, the budget for Task 5, Powerlines Field Reconnaissance& Survey,
is increased by $27,500 to support acquisition of LiDAR for the reach. Contractor will
subcontract to collect LiDAR data to provide a topographic and bathymetric surface which will
be used to refine the 2D Hydraulic Model developed during the Conceptual Design phase and
update project base maps. Contractor will not complete topographic and bathymetric field
survey. Rather, Contractor will reallocate $20,339 of the Task 5 budget originally included to
support Contractor topographic and bathymetric field survey to the LiDAR provider
subcontract.
4. In the Scope of Work,the Task 5 deliverable is modified:Updated topographic/bathymetric
base map documenting LIDAR derived results for use in the preliminary design.
5. All other terms and conditions of the agreement will remain the same,
Dated this r, day of SP�' PM lac. ,2023
By:
'OfeFMAjort6n, Chair
Jefferson Board of County Commissioners
WQ-23-022-A1
� assasusss
41
By:
I f '
�
deifEmbertson, President
Natural Systems Design
ATTEST: +sass►xes�a«
Carolyn GallawaY,Clerk of the Board
APPROVED AS TO FORM ONLY:
_ - ~ "r August 25,2023
By:
Philip C.Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
PROFESSIONAL SERVICES AGREEMENT FOR
Dosewallips River: Rocky Brook and Powerlines Reach Habitat Restoration Designs
THIS PROFESSIONAL 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.
1. Project Designation. The Contractor is retained by the County to perform the following
Project: For the Rocky Brook to Jupiter Bridge Reach(River Mile 3.4 to 5.8),perform
site assessments and develop a resiliency plan and conceptual restoration actions. For
the Powerlines Reach(River Mile 1.0 to 1.9),the Contractor will develop the previously
selected conceptual design alternative to a preliminary design level, including the
preparation of key construction permits. The purpose of these projects is to improve
habitat conditions for Hood Canal Summer Chum and Mid Hood Canal Chinook by
addressing key limiting factors in the Lower Dosewallips River.
2. Scope of Services. Contractor agrees to perform the services identified on Exhibit"A"
attached hereto including the provision of all labor.
3. Time for Performance. This Agreement shall commence on April 1, 2023 and continue
through November 30, 2024. 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.
4. Payment. The Contractor shall be paid by the County for completed work and for
services rendered under this Agreement as follows:
a. Payment for the work provided by Contractor shall be made as provided on Exhibit
"B" attached hereto,provided that the total amount of payment to Contractor shall
not exceed$444,887.00.without express written modification of the Agreement
signed by the County.
b. Invoices must be submitted by the 10"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.
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.
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WQ-23-02"2
d. Consultant 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.
5. Ownershin 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.
6. 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.
7. 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.
8. Indemnfication. The Contractor shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities)
harmless from any claims, injuries, damages, losses or suits, including attorney's fees,
arising out of or resulting from the acts, errors or omissions of the Contractor in
performance of this Agreement, except for injuries and damages caused by the sole
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negligence of the County. Should a court of competent jurisdiction determine this
Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the County, its officers, officials,
employees, agents and volunteers (and their marital communities)the Contractor's
liability, including the duty and cost to defend, shall be only for the Contractor's
negligence. It is further specifically understood that the indemnification provided
constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. This section shall survive the expiration or termination of this
Agreement.
9. 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, (c)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.
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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.
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 overage; (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 this 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 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,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.
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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. 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.
m. 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.
n. 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.
o. 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.
p. 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.
q. 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.
r. The Contractor shall include all subcontractors as insured under its insurance
policies or shall famish separate certificates and endorsements for each
subcontractor. All insurance provisions for subcontractors shall be subject to all the
requirements stated herein.
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s. 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.
t. 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.
u. 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-, 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.
v. The County reserves the right to request additional insurance on an individual basis
for extra hazardous contracts and specific service agreements.
10. Worker's 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. Worker's 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 which 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.
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11.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.
12. 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.
13. 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
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consideration, or otherwise recover,the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
14. 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.
15. 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.
16.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.
17. Termination.
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.
18.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:
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Tami Pokorny,Natural Resources Program Coordinator
Jefferson County Public Health Department
615 Sheridan Street
Port Townsend, WA 98368
Office: 360-379-4498
Email: tpokomy@co.jefferson.wa.us
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
Ph: 206 480-1 1 14
19. 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
material submitted by the Contractor, accepts this Agreement and agrees to all of the
terms and conditions of this Agreement.
20. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
21. 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.
22. 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.
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23. 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.
24. 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.
25. Severability. 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.
26. 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.
27.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.
28.No Third-varty 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.
29. 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.
30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
31. Arms-Lend Negotiations. The parties agree that this Agreement has been negotiated
at arms-length,with the assistance and advice of competent,independent legal counsel.
32. 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.
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33. 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.
34. Criminal History/Background Check. Each of the Contractor's employees, the
employees of any of the Contractor's approved subcontractor,or volunteers used by the
Contractor shall submit to a Washington State Patrol fingerprint identity and criminal
history check before they are authorized to perform services for the Project. The County
agrees to bear all reasonable costs incurred in the performance of this fingerprint identity
and criminal history check. Contractors who may or will have regular access or limited
access to any juveniles shall also:
a. Require that each of the Contractor's employees, the employees of any of the
Contractor's approved subcontractor, or volunteers used by the Contractor undergo
not less often than once every three(3)years another Jefferson County approved
criminal history and background check;
b. Ensure all employees, subcontractors, or volunteers are knowledgeable about the
requirements of RCW 13.40.570 and of the new crimes included in RCW 9A.44,
Sexual Offense;
c. Sign the Contractor Requirements for Responding to Situation of Sexual Misconduct
Form, and shall submit to Jefferson County with signed Agreement.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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SIGNATURE PAGE
JEFFERSON COUNTY WASHINGTON NATURAL SYSTEMS DESIGN
Board of County Commissioners
Jefferson County, ngton
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j By: j aj Z--
By:
Greg ]TrAierton,Chair Date Signature
161 Name: 1xif Embertson
By:
Kate can,Commissioner Date
Title: President
By: f Date: .
eidi Eisen Date
SEAL: IWV
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,.,Date
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Approved as to form only,
April 28, 2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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Exhibit A
Scope of Work
The Contractor will provide a range of outreach, education and professional services leading to a
resiliency plan and conceptual designs for salmon habitat improvements in the Rocky Brook to
Jupiter Bridge Reach and a preliminary design for salmon habitat improvements and associated
permitting documents for the Powerlines Reach of the Dosewallips River. Work performed for each
site will be separated into individual tasks specific to each project reach as outlined below and in
Exhibit B.
Rocky Brook to Jupiter Bridge Reach (Rock�F Brook Reach)
The Contractor will characterize the geomorphic, habitat, and hydraulic conditions of the reach,
produce a Resiliency plan document, develop two conceptual designs to restore habitat for Hood
Canal summer chum and Chinook salmon, and engage with landowners and other project
stakeholders. The scope of work related to Rocky Brook is broken down into the following tasks:
Task 1: Rocky Brook-Existing Conditions Assessment
Task 2: Rocky Brook-Resiliency plan
Task 3: Rocky Brook- Conceptual Design
Task 4: Rocky Brook- Stakeholder Outreach
Task 1: Rocky Brook-Existing Conditions Assessment
The existing conditions assessment will focus on gaining an understanding of the current
geomorphic, habitat, and hydraulic conditions of the reach to understand how the site setting and
land use history inform current site conditions,habitat limiting factors for Hood Canal Summer
Chum and Mid Hood Canal Chinook,and influence flooding and erosion risk for the surrounding
community.
Task l.la Background Data Collection and Field Reconnaissance
Contractor will review the available background data including:
• Recent and past topography of the site (e.g. 2005 and 2019 LiDAR Digital Elevation
Models)
• Recent and past aerial imagery of the site(e.g.USGS Earth Explorer,NAIP, Google Earth)
• FEMA flood maps
• Channel migration zone delineations (Klawon, 2004)
• Geologic maps of the project area(e.g. Washington Department of Natural Resources;
Jefferson County Landslide Risk maps)
• Existing publicly available infrastructure and land-use information(e.g. Property ownership,
roads,utilities)
• Existing recreational river usage within the reach based upon available information from
fishing and boating websites or other previous studies.
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• Results for past habitat assessments and limiting factors analyses(e.g. Meridian, 2020;
Labbe,2005; WDFW fish distributions; Hood Canal Summer Chum and Chinook recovery
plans; Correa,2003;Hood Canal Stream Habitat Surveys Report Memo 11-11-2020)
Task 1.1b Contractor will map land ownership, land use, and recreational resources from the
available background data.
Task 1.1c Contractor will develop a field reconnaissance plan to facilitate collection of data within
portions of the project reach that are publicly owned or within private properties where landowners
have granted access to the field team.
Task 1.1d Field Reconnaissance:
Contractor will conduct data-collection reconnaissance of the project area over a two (2)days. In
the circumstance that portions of the reach are unable to be accessed in the field, Contractor will
utilize the understanding gained during the desktop assessment, combined with field observations,
to inform understanding of the entire project reach.
Task 1.2 Data Analysis,Habitat Assessment and Hydraulic Model
Following background and field data collection,the Contractor will compile the data to complete
the following analyses:
Task 1.2a Topography
Contractor will compile LiDAR into an updated composite topographic surface and generate a
Relative Elevation Model (REM)of the project reach.
Task 1.2b Channel Migration Zone delineation
The delineation of channel migration zones(CMZs), which are defined as all areas susceptible to
bank erosion by streams and rivers within the next 100 years, is an essential step to understanding
where landowners and infrastructure are relative to erosion risk. Contractor will map the"high",
"medium", and"low"hazard zones based on the analysis of river erosion rates over time.
Task 1.2c Hydraulic Modeling
Contractor will complete an assessment of basin hydrology within the project area to assess both
peak flows and smaller, more frequent flows that influence salmonid habitat conditions in the reach.
An assessment of anticipated mid-century (2050) flows under current climate change predictions
will also be included. A 2-dimensional hydraulic model will be developed using the channel and
floodplain topography to evaluate channel-floodplain connectivity. inundation extents, instream
velocities and shear stresses, and to inform the local risk of flooding.
• Contractor will model selected flows under both the current and mid-century (2050) flow
regimes. Four(4) flow events will be selected with two flows focusing on more frequent
discharges that are tied to key salmonid life history states,and two flows focusing on larger
flood event to inform geomorphic trends and flooding risks in the project reach.
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• Hydraulic modeling will consist of a maximum of eight(8)discrete flow events to
characterize the current and anticipated mid-century (2050)hydraulic conditions.
Task 1.2d Aquatic Habitat Assessment
• An assessment of Chinook and Summer Chum salmon habitat will be completed based on
the two-day (2) field reconnaissance and available data from previous studies. Prior to the
field habitat assessment, Contractor will review the 2020 Meridian Aquatic Inventory
Survey Results and identify data gaps or supplemental data to collect in the Rocky Brook
reach to inform the development of the resiliency plan and conceptual habitat designs. The
coarse-scale assessment is anticipated to focus on:
o Mapping and quantification of channel types (i.e. mainstem,braid, or side channel),
and coarse scale aquatic habitat units (i.e.pools,riffles, or glides; width and depth of
each unit where feasible with single day field effort).
o Streambank condition, locations of riprap, levees, and road banks (i.e. hydro-
modified), stable large wood jam identification and volume estimates, and dominant
substrate class.
These elements will be geo-referenced, measured if/as applicable and feasible, and roughly
quantified if possible, for inclusion in the resiliency plan. Field data may be supplemented with
geospatial data if access to private property is not granted for the field reconnaissance effort. If
geospatial data is not sufficient to evaluate a particular data type (i.e. substrate) it will be noted
as a data gap in the resiliency plan.
The results of Task 1.2 data collection and analysis will form the framework for the development of
the resiliency plan in Task 2. Draft results existing conditions assessment and the 2D hydraulic
analysis and will be presented to, and discussed with, the Dosewallips River Collaborative.
Task 1.2e Delineation of Ecological Corridors
Contractor will define and identify two "ecological corridors", one for the near-term and typical
flows, and a second(longer-term)to support reconnection of the floodplain. The Corridors are
intended,to the degree that landowners are willing,to support the re-establishment of natural
floodplain processes and to communicate the need to accommodate anticipated hydrologic changes
linked to climate change.
Deliverables:
• Field reconnaissance plan identifying parcels in which access is secured and parcels in
which access is prohibited.
• Updated LiDAR topographic surface,to be incorporated into Resiliency plan,Task 2.
• CMZ Figure of reach, stamped by Licensed Geologist
• 2D hydraulic model output and flood risk maps,to be incorporated into Resiliency plan,
Task 2.
• Updated, coarse-scale aquatic habitat map of the project reach,to include to be incorporated
into Resiliency plan,Task 2.
• Map of existing land recreation uses in the project reach.
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• Map of near- and longer-term ecological corridors.
Due: October 2023
Task 2: Rocky Brook-Resiliency plan
Contractor will prepare a Rocky Brook to Jupiter Bridge Resiliency Plan to document the analysis
conducted in Task 1.2 and the stakeholder feedback collected throughout the project in Task 4. The
resiliency plan will reference information on natural floodplain processes and draw parallels with
the Dosewallips River: Lazy C to Powerlines Reach Resiliency Plan developed in 2021. Like the
Lazy C to Powerlines plan,the Rocky Brook resiliency plan will focus on providing geomorphic,
habitat and hydraulic context to existing conditions in the reach and overlay these findings with the
historic and current land use in the reach and flooding and erosion risks to the local community.
The Rocky Brook plan,however, will support the development of more specific conceptual designs
focused on the limiting factors at flows that are essential to targeted fish species' life stages, rather
than floodplain connection. The Rocky Brook plan will also describe how geomorphic and
hydraulic conditions in the Rocky Brook reach may have an influence on downstream conditions.
Deliverables:
• Draft resiliency plan
• Review and integration of a single round of consolidated comments in Track Changes on the
draft resiliency plan and final resiliency plan.
• Workplan outlining potential future phases.
• Final resiliency plan
Due:
• Draft resiliency plan: June 2024
• Final resiliency plan: September 2024
Task 3: Rocky Brook- Conceptual Design
Conceptual designs will be developed for two (2) different sites as recommended during the
development of the resiliency plan. Each concept will focus on short-term actions that improve key
salmonid habitat conditions at discrete project sites. Restoration actions will fit within site
constraints (e.g. construction, geomorphic, social) and include a discussion on implementation
feasibility, and the pros/and cons related to community risk and resiliency. Each conceptual design
site will consist of a discrete geographic location in the project reach and may contain multiple
adjacent landowners into a single site. Examples of short-term project elements include the
construction of in-channel engineered log jams(ELJs), side channel connection, and riparian
planting. A discussion of longer-term restoration opportunities such as floodplain reconnection and
changes in land use practices will be included in the ecological corridor delineation.
The 2D hydraulic model developed during Task 1 will be updated to represent the proposed
conditions of each of the two (2) design concepts to aid in characterizing the hydraulic, geomorphic
and habitat response of each alternative. Proposed restoration elements will be represented in the
hydraulic model as changes in the model terrain and/or changes in hydraulic roughness. Hydraulic
output from the proposed conditions model (depths, velocity,water surface elevation)will be
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compared to the existing conditions to assess changes in hydraulic conditions as a result of the
proposed restoration actions and inform the anticipated geomorphic and habitat response of each
alternative.
Contractor will present the conceptual design alternatives to County, the Dosewallips River
Collaborative, and other project stakeholders. Based upon feedback on the conceptual designs, a
preferred concept will be selected and refined such that it may be advanced toward preliminary
design in a fixture phase of work. Contractor will document the conceptual plans based on the RCO
Manual 18 guidance. The concepts will consist of single plan-view graphics with a brief written
description and are assumed to include instream and floodplain restoration elements.A conceptual
level cost estimate will also be developed for each design alternative. Conceptual design alternative,
consultation with project stakeholders, and discussion of the preferred design concept will be
incorporated into the final resiliency plan document.
Deliverables:
• Two (2)conceptual designs in PDF format provide plan-view representation of proposed
actions.
• Review and integration of one round of comment in Track Changes on conceptual design
plans from the Dosewallips River Collaborative.
• Final conceptual design figures in PDF format based on selected alternatives and comments
from DRC and other project stakeholders.
• Conceptual basis of design section of the resiliency plan per RCO Manual 18 guidelines.
Due:
• Draft conceptual designs: May 2024
• Final conceptual designs: September 2024
Task 4: Rocky Brook- Stakeholder Outreach
Contractor will support County in using individual meetings, phone calls, and mailings as the
primary tools for communicating with reach landowners. The Dosewallips River Collaborative
(DRC)meetings will be the avenue for communicating more generally about the project's
objectives and milestones. The County and grant managers will review draft analysis results and
other technical work until the extent of landowner interest and cooperation is well understood.
Contractor will attend and present at up to five (5), online DRC meetings over the course of the
Rocky Brook Resiliency plan and conceptual design. The number of presentations will be
determined based on the level of public interaction desired by the landowner(s). To the degree that
the Contractor is not involved in DRC meetings on this project,time will be shifted by mutual
agreement to meetings with individual landowners.
A tentative plan for three DRC meetings is as follows:
1. Kickoff meeting to discuss project goals, available data, and key concerns—Spring 2023
2. Presenting conceptual design alternatives—Late Spring 2024
3. Select preferred design(s)—Summer/Fall 2024
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Contractor will meet with landowners over three(3) different site visit days over the course of the
project. Contractor will also support County in the development of six(6)quarterly progress flyers
to be sent to landowners in the project reach and key project stakeholders.
Deliverables:
• Contractor attendance and presentation at up to five (5)DRC meetings for a up to 10 hours
of Contractor staff time.
• Contractor attendance at meetings with landowners in the reach for a total of up to 24 hours
over no more than three (3) separate site visit days.
• Narrative and graphics to support six(6) quarterly progress report flyers to be developed
and distributed by County.
Powerlines Reach
In the Powerlines Reach, Contractor will advance the previously developed preferred restoration
concept to a preliminary level of design including the submittal of construction permits. Included
within this process is the collection of key supplemental reach data including a bathymetric survey,
delineation of existing wetland and waters, and assessment of cultural resources. During this work,
Contractor will engage with project stakeholders through attendance at Dosewallips River
Collaborative meetings and through site visits and other meetings with individual landowners and
the local community.
Work performed in support of advancing the Powerlines project to a Preliminary Design level are
broken into the following tasks:
Task 5: Powerlines- Field Reconnaissance and Survey
Task 6: Powerlines -Wetlands and Waters Delineation
Task 7: Powerlines-Cultural Resources Assessment
Task 8: Powerlines - Hydraulic and Geomorphic Assessment
Task 9: Powerlines -Preliminary Engineering Design and Basis of Design Report
Task 10: Powerlines- Permit Applications
Task 11: Powerlines- Stakeholder Outreach
Task 12: Powerlines- Project Management
Task 5: Powerlines-Field Reconnaissance and Survey
Contractor will collect information from the field in order to accurately describe and quantify
current conditions.
• Contractor will conduct a topographic and bathymetric survey to supplement the available
UDAR data to refine the 2D Hydraulic Model developed during the Conceptual Design
phase and update project basemaps.
• Contractor's geomorphologist will perform a field reconnaissance in tandem with the
topographic/bathymetric survey to assess existing geomorphic conditions in the reach and
inform the preliminary design.
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• Contractor will update existing project base maps with collected topographic and
bathymetric data.
Deliverables: Updated topographic/bathymetric basemap documenting survey results for use in the
preliminary design.
Due: October 2023
Task 6: Powerlines—Wetlands and Waters Delineation
Contractor will perform wetlands and waters delineation to support hydraulic modeling accuracy
and to meet permitting requirements.
• Contractor's wetland biologists will collect field photos and record indicators of Ordinary
High Water Mark(OHWM) along the Dosewallips River in accessible locations on river
right and left within defined area of potential effect to supplement hydraulic model output in
determining the OHWM for use on the project basemap.
• Contractor's wetland biologists will conduct a routine wetland delineation field
investigation,over two (2) field days, within the defined area of potential effect on both
river right and river left where access has been secured. This task assumes there will be
access to both publicly owned-parcels and to the private lands on river left.
• Contractor will collect wetland determination sample plots throughout the defined area of
potential effect and complete Washington Department of Ecology wetland rating forms for
approximately three representative wetlands which may be directly or indirectly affected by
the project actions.
Deliverables:
• Draft and final wetlands and waters delineation report,Microsoft Word and PDF for use in
Task 11, as part of the project's application for construction permits.
• Contractor will respond to one round of review and consolidated comments on the report in
Track Changes.
Due: October 2023
Task 7: Powerlines -Cultural Resources Assessment
The Cultural Resources Assessment will be a component of the Project's JARPA package to
facilitate review of the project under Section 106 of the National Historic Preservation Act
(NHPA). This task assumes there will be field access to both publicly owned-parcels and to the
private lands on river left. Any additional fieldwork or analysis(e.g.,the delineation and/or
evaluation of any new or previously recorded archaeological sites or historic resources,consultation
on project designs, archaeological data recovery, or coordination of a Memorandum of Agreement)
beyond what is specified in this scope of work would require a budget augmentation.
• Contractor will subcontract with a qualified cultural resources consultant to perform a
literature review of the Washington State Department of Archaeology and Historic
Preservation(DAHP)'s Washington Information System for Architectural and
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Archaeological Records Database (WISAARD)to identify any new background information
and archaeological sites that have been recorded in the project area.
• Upon approval from DHAP and Tribes, Contractor will conduct subsurface archaeological
testing via a series of hand dug shovel probes within defined area of potential effect would
then be performed based on the areas of potential ground disturbing activities in areas of
high potential for cultural resources.
Deliverables:
• Draft cultural resources assessment and review and integration of one round of consolidated
comments in Track Changes
• Final cultural resources assessment report for NHPA Section 106 consultation,Microsoft
Word and PDF for use in Task 11, as part of the project's application for construction
permits.
Due: October 2023
Task 8: Powerlines -Hydraulic and Geomorphic Assessment
Contractor will perform the hydraulic and geomorphic assessments necessary to develop and model
the preliminary design for habitat restoration:
• Update 2D existing conditions hydraulic model developed during the conceptual design
with the channel bathymetry and topography collected during Task 2.
• Updated 2D hydraulic model will be run for both current and mid-century (2050) flow
regimes for a total of eight(4)model runs. Two flow events will focus on lower and more
frequent flows tied to key life history stages for salmonids and two flow events will focus on
peak flow events(e.g., the 2- and 100-year floods).
• Develop 2D proposed conditions hydraulic model representing the preliminary design
elements (e.g.,ELJs and other habitat features)
• Proposed conditions hydraulic output will be used to inform the ELJ design, evaluate
anticipated rise from proposed structures, inform the geomorphic analysis of channel
response and qualitatively assess changes in salmonid habitat quantity and quality.
• Assess"no-rise" utilizing 2D proposed conditions hydraulic model. Water surface
elevations will be averaged at representative cross-sections throughout the reach and
compared with the existing conditions model results to determine rise at 100-year flood
event as a result of proposed project actions.
Deliverables:
• Proposed conditions model output consisting of depth, velocity, and change versus existing
conditions figures.
• Table documenting change in computed water surface elevations between existing and
proposed conditions at representative cross sections.
Due: December 2023
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Task 9: Powerlines—Preliminary Engineering Design and Basis of Design Report
Preliminary design plans will be developed representing proposed project actions; access, staging
and water management elements; engineered log jam and other habitat structure details; and site
restoration and revegetation plans.
• Contractor will develop a construction cost estimate based upon standard construction
equipment,unit costs, and recently constructed projects of similar scope and scale.
• Contractor will prepare a basis of design report to document technical design decisions. The
report will include a summary of existing conditions,the specific design criteria, goals, and
objectives, a summary of hydraulic modeling, and engineering design and construction
approach.
• As part of the preliminary design process, Contractor will evaluate potential staging areas,
access routes, and methods and compare and discuss them with the design team and
Dosewallips River Collaborative to inform the preferred access route.
• All preliminary design deliverables will meet the requirements of RCO Manual 18.
• Contractor will respond once to County's consolidated review and comment in Track
Changes for the draft basis of design report.
Deliverables:
• Draft and final preliminary design plans in 11"x 17"PDF format
• Draft and final preliminary construction cost estimate in PDF format
• Draft and final preliminary basis of design reports in Microsoft Word and PDF formats.
Due:
• Draft preliminary design plans, estimate and report: May 2024
• Final preliminary design plans, estimate and report: October 2024
Task 10: Powerlines—Permit Applications
Contractor will provide completed permit applications in consultation with County and other
permitting agencies and entities.
• Contractor will coordinate with the Jefferson County floodplain administrator to discuss
floodplain permitting process and"no rise"requirements. Related analysis of potential for
rise in base flood elevation would be completed under Task 5. If it is determined that the
project actions will require a Letter of Map Revision(LOMR) from FEMA to implement the
restoration designs, that task will be performed during the final design tasks during a future
project phase.
• Contractor will support ongoing communications between the project team and agencies to
facilitate permit application review.
• Contractor will support the County with preparation for and attendance at a preapplication
meeting held virtually with the U.S. Army Corps of Engineers, Washington State
Departments of Ecology, Fish and Wildlife, and Natural Resources as part of preliminary
design.
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• Contractor will support the County at a preapplication coordination meeting in the field with
WDFW, local Tribes, and other stakeholders as part of preliminary design.
• Contractor will prepare the following federal and state permit application materials based on
the preliminary design (Task 6)and support County through the permit application process:
o JARPA form and related JARPA figures to present the project and quantification of
impacts and benefits. The JARPA form and figures will be used to apply for the
CWA Section 404 and 401 approvals, and the information from the JARPA form
will be used by the County to populate the fields in the WDFW APPS online
application program for the Hydraulic Project Approval Permit.
o JARPA Attachments (e.g.,Attachment E: Aquatic Use Authorization on Department
of Natural Resources (DNR)-managed aquatic lands,adjacent landowners).
o HPA Fish Habitat Enhancement exemption form as JARPA attachment.
o Temporary Disturbance Restoration and Project Monitoring Plan,required by the
Corps for NWP 27 (aquatic habitat restoration)projects.
o Endangered Species Act consultation documents are required to complete the
Section 7 Endangered Species Act consultation as part of the CWA Section 404
review process. For this scope of work, we anticipate the ESA consultation
documents will focus on Chinook, HC Summer Chum, and Steelhead Trout
regulated by NMFS and Bull Trout regulated by USFWS. Section 7 No Effect letter
for USFW terrestrial species, including those not covered by the current
USFWS/USACE Restoration Programmatic Agreement.
o Section 7 Abbreviated BE form for ESA listed fish species covered by the
USFWS/Corps Restoration Programmatic agreement.
o NMFS FPRP III form for ESA listed fish species covered by the NMFS/Corps
Restoration Programmatic agreement.
o Ecology 401 Water Quality Certification: `Pre-meeting request form' and `Request
for 401 water quality certification review', if those materials are required at the time
of permit application.
o Wetland and Waters Delineation report, completed under Task 3.
o Cultural Resources Assessment report, completed under Task 4.
o Consultant will respond to on one round of consolidated comments on permit
application materials from County.
Deliverables:
• Draft and final JARPA form and JARPA and figures(Microsoft Word and PDF)
• Draft and final Temporary Disturbance and Project Purpose Monitoring Plan (Microsoft
Word and PDF)
• Section 401 Water Quality Certification Pre-Meeting Request Form and 401 Certification
Request Form(if either or both of these forms are still required at the time of project
application)
Due: August 2024
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Task 11: Powerlines - Stakeholder Outreach
The Dosewallips River Collaborative meetings will be the primary method for the Contractor to
organize outreach events, deliver draft analysis results, and obtain critical review of technical work
for the Powerlines Reach. Contractor will attend and present at five(5) online DRC meetings over
the course of the Powerlines Preliminary Design development to share findings, and to present
preliminary design materials and permitting approach. Contractor will prepare PowerPoint
presentations if/as appropriate for each meeting.
Each of the five(5) meetings would be held at critical milestones in the project,as follows below:
1. Present previously developed alternative and preliminary design process—
Spring/Summer 2023
2. Present updated existing conditions assessment—Fall/Winter 2023
3. Present draft preliminary design and permitting approach—Winter/Spring 2024
4. Present final preliminary design and permit applications—Late Spring 2024
5. Discuss next steps to support final design and construction implementation—
Summer/Fall 2024
Over four(4) separate 8-hour site visit days, Contractor will provide outreach to the local
community on the preliminary design by attending the following site visits and in-person meetings:
• Landowner meetings, including Washington State Parks, Department of Natural
Resources, Jefferson County, and private landowners;
• Tribal representatives;
• Lazy C Community HOA; and
• Brinnon business owners and community leadership.
Deliverables:
Attendance and presentation at five (5) DRC meetings (up to 10 hours total for Powerlines project).
Attendance at four(4) site visit days with trustees, landowners, and stakeholders in the reach(32
hours over no more than four(4) separate site visit, 8-hour days).
Due: October 2024
Task 12: Powerlines—Project Management
Joey Smith, PE, will serve as the project manager and task lead for the Powerlines Reach
Preliminary Design. Joey will lead coordination of activities for both reaches, with
additional support from Scott Katz and the task lead for Rocky Brook(Tasks 1-4) and
Torrey Luiting as task lead for the Wetlands and Waters (Task 7)and Permit Applications
(Task 11).
• Contractor's tasks will include project scheduling, maintaining adherence to the
scope of work,timelines,and due dates;coordination of landowner permissions to
access property; leading the team interaction with the Dosewallips River
Collaborative; and ensuring adherence to data quality assurance and controls.
Dosewallips River: Rocky Brook and Powerlines Reach Habitat Restoration Designs
Professional Services Agreement Template,JCPH,Version 3,PAO Approved 7/12/2021 page 23 of25
• Contractor will meet with County staff on a bi-weekly basis for one hour to discuss
key tasks for the months, provide updates on completed work, and landowner
outreach progress. Joey Smith will collaborate to produce summaries of work
completed to accompany our monthly invoices for services completed.
Deliverables:
• Monthly status reports,updates, and invoices.
• Attendance at bi-monthly project coordination meetings
Due: Monthly, by the l Oth of each month.
Dosewallips River: Rocky Brook and Powerlines Reach Habitat Restoration Designs
Professional Services Agreement Template,JCPH,Version 3,PAO Approved 7/12/2021 Page 24 of25
Exhibit B
Estimated Project Budget
All deliverables will be consistent with RCO Manual 18.
Roc Brook to Jupiter Bridge Reach: Planning and Conce tual Design Cost
Task 1: Rocky Brook- Existing Conditions Assessment $48,977
Task 2: Rocky Brook- Resiliency plan $43.846
Task 3: Rocky Brook-Conceptual Design $34 994
Task 4: Rocky Brook- Stakeholder Outreach $22,031
Rocky Brook Subtotal $149 849
Powerlines Reach: Preliminary Design
Task 5: Powerlines-Field Reconnaissance and Survey $30,541
Task 6: Powerlines-Wetlands and Waters Delineation $25,176
Task 7: Powerlines-Cultural Resources Assessment $29,868
Task 8: Powerlines-Hydraulic and Geomorphic Assessment $30 208
Task 9: Powerlines-Preliminary Design $79,096
Task 10: Powerlines - Permit Applications $41,360
Task 11:Powerlines- Stakeholder Outreach $25,587
Task 12: Powerlines- Project Management $33,202
Powerlines Subtotal $295,438
Combined Contract Total ___ $444,887
Dosewallips River:Rocky Brook and Powerlines Reach Habitat Restoration Designs
Professional Services Agreement Template,JCPH,Version 3,PAO Approved 7/12/2021 Page 25 of25
AS FEE SCHEDULE
CPT Description Quest Price Patient Quest Price JCPH Cash Price JCPH Notes
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