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HomeMy WebLinkAboutPK13-228 - Original - WA St Dept of Natural Resources - Puget SoundCorps Spring Crew Time - 10/01/2013 eu � ecords M eme KENT W ASMINGTGN - Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. DN9 Vendor Name: Washington State Dept of Natural Resources #-VAA N-SO Vendor Number: 39050 JD Edwards Number Contract Number: T K 120 or Sol f This is assigned by City Clerk's Office Project Name: Puget SoundCorps Spring Crew Time Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10/1/13 Termination Date: 9/30/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Victoria Andrews Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): A contribution of In-Kind services, providing crew labor for Green Kent PPD14-05 S.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 WASNtNGTON STATE DEPARTMENTM Natural Resources PETER 6OLDMARK-C-0MRI86M"t of PUN C" INTERAGENCY AGREEMENT WITH THE CITY OF KENT Agreement No. IAA 14-50 This Agreement is between the City of Kent, referred to as the City, and the Washington State Department of Natural Resources Urban and Community Forestry Program, referred to as the DNR. The DNR is under authority of RCW Chapter 43.30 of Washington State,Department of Natural Resources. The DNR and the City enter into this agreement under Chapter 39.34, Interlocal Cooperation Act. The purpose of this Agreement is to provide a Puget SoundCorps (SoundCorps) crew for urban forestry restoration tasks in the City of Kent SoundCorps is part of the broader Washington Conservation Corps AmeriCorps program administered by Washington Dept. of Ecology. SoundCorps crews work on projects that help restore and protect water quality in Puget Sound. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work. The DNR shall furnish SoundCorps crews and the City shall provide all materials and services, pertinent to performing work set forth in the Attachment A. 2.01 Period of Performance. The period of performance of this Agreement shall be from October 1, 2013, to September 30,2014, unless terminated sooner as provided herein. Both parties agree that the DNR will provide the City one(1) calendar month of crew work within the period of performance. 3.01 Payment. The DNR provides the services of the SoundCorps crew in exchange for the City's matching commitment to the project as described in Attachment B. 6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be `works for hire' as defined by the U.S Copyright Act of 1976 and shall be owned by the DNR and the City. Data shall include,but not be limited to,reports, documents. pamphlets, advertisements, books. magazines. surveys. studies, computer programs, films, tapes, and/or sound reproductions Ownership includes the right to use, copyright, patent, register and the ability to transfer these rights. 1 of 6 Agreement No IAA 14-50 7.01 Independent Capacity. The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 8.01 Amendments. This Agreement may be amended by mutual agreement of the parties. Amendments shall be in writing and signed by personnel authorized to bind each of the parties. 9.01 Termination. Either party may terminate this Agreement by giving the other party 30 days prior written notice. If this Agreement is terminated. the terminating party shall be liable to pay only for those services provided or costs incurred prior to the termination date according to the terms of this Agreement. 10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or violation. The aggrieved party will give the other party 15 working days to correct the violation or failure. If the failure or violation is not corrected within 15 days,the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party to this agreement shall appoint a member to the dispute board. These board members shall jointly appoint an additional member to the dispute board The dispute board shall evaluate the facts, contract terms, applicable statutes and rules,then determine a resolution. The dispute board's determination shall be final and binding on the parties As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330. In this case, the Governor's process will control the dispute resolution. 12.01 Governance. This contract is entered into the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (1) Applicable State and federal statutes and rules; (2) Statement of Work, and (3) Any other provisions of the agreement, including materials incorporated by reference 13.01 Assignment. The work to be provided under this Agreement and any claim arising from this agreement can not be assigned or delegated in whole or in part by either party, without the express prior written consent of the other party. Neither party shall unreasonably withhold consent. 2 of 6 Agreement No IAA 14-50 14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party's rights may only be waived through a written amendment to his agreement. 15.01 Severability. The provisions of this agreement are severable. if any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid. 16.01 Indemnification. To the fullest extent permitted by law,the City shall indemnify, defend and hold harmless the DNR, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the Agreement "Claim" as used in this agreement means any financial loss, claim, suit, action, damage. or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. The City's obligation to indemnify, defend, and hold harmless includes any claim by the City's agents, employees, representatives, or any subcontractor or its employees. The City expressly agrees to indemnify, defend, and hold harmless the DNR for any claim arising out of or incident to the City's or any subcontractor's performances or failure to perform the Agreement The City's obligation to indemnify, defend. and hold harmless the DNR shall not be eliminated or reduced by any actual or alleged concurrent negligence of the DNR or its agents. agencies, employees and officials. The City waives its immunity under Title 51 RC W to the extent it is required to indemnify, defend and hold harmless the DNR and its agencies. officials, agents or employees. 17.01 Complete Agreement in Writing. This Agreement contains all the terms and conditions agreed upon by the parties No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. 18.01 Contract Management. The Project Coordinator for each of the parties shall be the contact person for this agreement. All communications and billings will be sent to the project coordinator. 19.01 Project Coordinators. (1) The Project Coordinator for the City of Kent is Victoria Andrews, Telephone Number(253) 856-5113. (2) The Project Coordinator for the DNR is Micki McNaughton, Telephone Number (360)902-1637. 3 of 6 Agreement No IAA 14-50 IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF KENT Dated. 20_M By: Tit] Address: Phone: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: 120�`� By: Albert A. Kassel Title: Resource Protection Division Manager Address: I I l l Washington Street SE MS 47037 Olympia, Washington 98504-7037 Interagency Agreement Approved asto Form 9/29/97 By the Assistant Attorney General State of Washington 4 of 6 Agreement No IAA 14-50 Attachment A STATEMENT OF WORK The DNR will sponsor a Puget SoundCorps (SoundCorps)crew to assist with urban forest restoration and maintenance tasks in the City of Kent. Each restoration project location will include baseline mapping of the site, to be included in a DNR report to the City. Local projects must be on public property, and work performed by the crews may not replace workers already in place or contracted for. Project locations and activities in the City of Kent include: • Earthworks Park Streambed Restoration, Green River Watershed. Remove invasive non- native plants, especially Japanese knotweed. and revegetate with native plants. • Lake Meridian Outlet Restoration, 152nd Way SE. Maintain recent plantings through removal of competitive non-native invasive plants. • Clark Lake Park Detention Pond, East Hill. Remove invasive non-native plants and overgrown earlier plantings, and revegetate appropriately with native plants. • Other sites and/or locations as agreed by the City's Project Coordinator and the DNR Project Coordinator. Tasks and activities assigned must pertain to restoring the ecological health and functionality of the urban forest on the site or location Puget SoundCorps (SoundCorps) and Washington Conservation Corps (WCC) crews are covered by Dept of Ecology insurance through Labor and Industries while working on project sites and traveling to work locations. SoundCorps crews are responsible for the maintenance and repair of any equipment provided by SoundCorps and/or Dept of Ecology. The City is responsible for the maintenance and repair of any equipment provided by the City and used by the SoundCorps crew under the direction of City staff. 5 of 6 Agreement No IAA 14-50 Attachment B PROJECT COMMITMENT MATCH The DNR will provide the following items to the City for urban forestry restoration projects that receive assistance under the Urban Forest Restoration Project: • News release template to assist in building public awareness and event marketing. • Baseline invasive plant species mapping. • Crews to remove and/or control invasive plant material and complete related restoration tasks including installation of plant materials. • Post-restoration mapping. • Post-restoration report that includes a description of the project and the work accomplished. • Template for three-year management plan. • Template for annual monitoring report. The City commits to the following items in consideration for the services of the DNR-sponsored crew: • Post news releases in advance of the event. • Acquire any permits necessary for project work. • Assist with volunteer registration, sign-in and wavers at restoration events. Please have photo releases available for volunteers under 18 years of age. • Dispose of plant material removed during project activities (English ivy vines, blackberry canes. etc ). • Provide any and all plant materials required for project completion. • Develop and implement a three-year maintenance plan for the project site, to include annual monitoring. • Report monitoring results to the DNR Urban and Community Forestry Program annually for three years. 6 of 6 Agreement No IAA 14-50 Kent Detailed Site & Project Descriptions Exhibit A: 1 of 3 Project 1: Earthworks Park Stream Bed Restoration Location: Mill Creek Canyon/Earthworks Park encompasses 107.1 acres and includes a retention dam near downtown Kent at Earthworks Park. Mill Creek is a salmon-bearing stream and part of the Green River watershed (WRIA *9). Purpose: The purpose of this effort is to continue our four-phased restoration of the park and riparian corridor. The crew will be doing Phase 1, removal of invasive plants, in the area that the crew was not able to address when it was onsite previously. Scope: In November 2012, volunteers assisted city crews to plant 480 diverse, low maintenance native species in an area cleared by a DNR-funded WCC crew, which returned to mulch the site. A summer intern removed new blackberry re-growth and Parks staff performed weed control several times during the year to maintain the planted areas. With the limited time the crew was on site last fall, not all of the targeted areas were cleared. With one week (four days) of crew time, we should be able to make progress removing invasive plants on both sides of the creek. Depending on the time of year the crew can be on site, the project could again include volunteers to plant once the areas have been cleared. Site challenges: There are two relatively small colonies of Japanese knotwood, which have been hand-grubbed by volunteers and injected by city crews at least once. The knotweed may have been introduced by illegal dumping midway up Mill Creek Canyon. There is a significant infestation there but none further up the canyon. Parks and Public Works staff are seeking grant funding to eradicate that area. Park staff are committed to manage the knotweed patches in the visible park area along the stream. The WCC crew will concentrate on removing the other invasive species. Desired outcomes: With the completion of this project, we hope the entire steam bed at Earthworks Park will be in Phase 2, making the health of the riparian corridor easier to maintain. Project 2: Lake Meridian Outlet Restoration Location: The Lake Meridian Outlet project site created a new, naturalized outlet channel for Lake Meridian (replacing the former degraded roadside ditch that Lake Meridian used to drain to) and extends from 152"d Way SE (SE corner of Lake Meridian) down through Gary Grant Soos Creek Park to Soos Creek (see enclosed map). This new creek channel is approximately 2,800 linear feet in length, and the planting corridor is approximately 50 feet wide. The new channel provides much- improved salmon habitat as well as habitat for many other wildlife species. Thousands of native plants as well as dozens of large wood pieces were planted and Exhibit A: 2 of 3 placed along the channel. Keeping invasives at bay will require a substantial amount of maintenance for the next few years. The maintenance crew in charge of maintaining the Lake Meridian Outlet project is responsible for maintenance of 68 wetland locations as well as a number of upland natural areas that encompass well over 600 acres of land. This "crew" has one permanent employee and typically 1-3 temporary employees. For this crew to make it around to each location once each year is a herculean task. If this grant application is successful, UFRP crews would help this maintenance crew better maintain the other sites that it is tasked with maintaining. Scope: We are requesting one week of crew time for this project primarily to maintain existing plantings through weed removal. There is a trained Green Kent Steward at Lake Meridian Park who has expressed an interest in holding volunteer events there to assist with this project. If he has been able to maintain his already active sites, work parties can be promoted via the GreenKent.org website, under Public Works staff's supervision. Site challenges: This site can only be accessed by foot and some of it is fairly steep. Desired outcomes: Weed control for the next few years at this site is critical. If successfully completed, native vegetation will mature to the point that it will shade- out weeds and the site will then be self-sustaining. Project 3: Clark Lake Park Detention Pond Location: Clark Lake Park is a 130-acre passive recreation natural area located on the city's East Hill approximately 2.5 miles from downtown Kent. Popular with walkers, runners, bird watchers and other nature-lovers, the park contains a system of gravel trails, an upland forest, meadows, wetlands and a large lake at its center. Invasive vegetation is largely reed canarygrass, Himalayan blackberry and Scotch broom. Purpose: South of the parking lot at the main entrance is an informational kiosk and two detention ponds, one on either side of the main trail. Native plants were densely planted around the east pond to shade out the reedcanary grass, and two volunteer Stewards have successfully maintained the health of that area. A berm between the parking lot and the west pond was planted with Nootka roses years ago and is now an unmanageable thicket. To complete a more welcoming entrance to the park, the berm and around the west pond (total: @14,000 sq. ft.) needs to be cleared, replanted and chipped. Scope: We are requesting one week (4 crew days) to remove invasives and overgrown native plants, replant strategically with low-growing native plants and Exhibit A: 3 of 3 add cardboard and a thick blanket of wood chips. Park staff plan to prep the area and can provide all materials, including weed wrenches if the crew chooses to use them to remove the Nootkas. Site challenges: The Nootka roses have stubborn thorns, and the soil is compacted. There is no restroom at the site. Desired outcomes: This area serves as the "front door" to the park. Replacing the Nootka roses with lower, more appropriate natives will provide a healthy and welcoming entrance to this important park.