Thurston County. Request for Proposals. Department of Resource Stewardship. Black Lake Integrated Aquatic Vegetation Management Plan

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1 Thurston County Department of Resource Stewardship Request for Proposals Department of Resource Stewardship Black Lake Integrated Aquatic Vegetation Management Plan Proposals for the project named above can be mailed to or delivered to: Department of Resource Stewardship Water Resources Division Attn: Rich Doenges 929 Lakeridge Drive SW, Bldg. 4, Room 100 Olympia, WA ALL PROPOSALS MUST BE RECEIVED BY CLOSE OF BUSINESS AT 4:30 P.M. ON AUGUST 8, 2011.

2 Black Lake Integrated Aquatic Vegetation Management Plan Request For Proposals (RFP) 1.0 INTRODUCTION AND PURPOSE The purpose of this project is to produce an Integrated Aquatic Vegetation Management Plan (IAVMP) for Black Lake. The Thurston County Department of Resource Stewardship is seeking a qualified consulting firm to develop and write the IAVMP in concert with County staff, a citizens nonprofit group (Save Black Lake Coalition), and multiple stakeholders for Black Lake. The primary focus of the IAVMP will be to control invasive aquatic weeds. The project is being funded by a planning grant from the Washington State Department of Ecology s (Ecology) Weed Management Fund, and must meet Ecology s guidelines and requirements for developing such plans. The successful proponent shall have documented qualifications and experience in developing IAVMPs that meet Ecology s Aquatic Weed Management Fund Guidelines. The guidelines can be found on Ecology s publication websites. Grant Guidelines: Required experience includes the demonstrated ability to work closely with community and citizens groups. Experience with the multiple stakeholders who may have an interest in the lake s management, including state agencies, tribal and local governments is desirable. Familiarity with water quality permits, regulations, and aquatic vegetation management methods appropriate for use in waters of the state and in Thurston County will be essential to the successful completion of the IAVMP. These methods may include physical, mechanical, biological and chemical technologies, and a full understanding of where they may be appropriately applied will be necessary to develop alternatives and recommendations for the lake. The ability to communicate complex analysis verbally and in writing to multiple audiences will be needed to complete the project successfully. 2.0 BACKGROUND Black Lake is one of the largest lakes in Thurston County, at 570 acres, 2.4 miles of shoreline, and a mean depth of 19 feet at an approximate altitude of 130 feet (Figure 1). It is oriented in a northsouth direction with several small creeks flowing into it from the east and west. Historically the lake outlet was to the south, and into the Black River system. This southern outlet is obstructed by numerous beaver dams and aquatic vegetation. However, in 1922 Black Lake Ditch was excavated linking Black Lake to Percival Creek. Despite this ditch, there are still extensive wetlands around Page 1

3 Black Lake. These wetlands and the shallow groundwater system have an influence on the water quality characteristics of the lake. The lake has moderate to high nutrient concentrations with Carlson trophic state indices categorizing Black Lake in the upper limit of the mesotrophic range. Nuisance blue-green algae growth often occurs in late summer and fall which have interfered with recreational uses. The lake supports abundant growth of emergent, submerged, and floating plants. A. AVAILABLE DATA Eurasian watermilfoil was first identified in Black lake in Similarities with a native species made it necessary for scientists to perform DNA analysis to confirm the plants as the invasive Eurasian watermilfoil and not the native plant Northern milfoil. In November 2005, Eurasian watermilfoil was confirmed as the species collected at Black lake in The County Noxious Weed Agency has conducted annual diver surveys for Eurasian watermilfoil from 2006 to 2010, removing the milfoil with diver-held hydraulic dredges. This project was funded by Ecology. The 2011 survey and removal effort was conducted in June, and data points will be made available as soon as they are mapped. This year s survey was funded by the Washington State Department of Natural Resources (DNR). A map of past surveys is available at: Ambient water quality data for Black Lake has been collected yearly by the Thurston County Environmental Health Division (Environmental Health) since Data were generally collected between the months of May and October. Two earlier years (1971 and 1981) are also available. The data include trophic state indices, secchi disk readings, chlorophyll a and total phosphorus, and can be accessed along with recent biannual monitoring reports at: Increasing cyanobacteria blooms in the lake, and the discovery of microcystin levels that far exceed the State Department of Health s Recreational Guidelines led County Environmental Health staff to apply for funds to organize a monitoring and public outreach program for Thurston County. Black Lake will be one of two lakes selected for the pilot project, and although cyanobacterial blooms will not be specifically addressed in the IAVMP, current monitoring data will be made available to the successful proponent. Ecology Environmental Assessment staff has conducted surveys of aquatic plant species found in Black Lake, their database may be queried at: Additional vegetation surveys will be conducted and mapped by Thurston County staff in July and August of this year, and made available to the successful proponent. B. LOCAL COMMUNITY INVOLVEMENT Page 2

4 A recently established non-profit group, the Save Black Lake Coalition (SBLC) has been actively organizing community interest in addressing Black Lake s problems with noxious and nuisance aquatic vegetation, and is committed to this project. Their efforts led to this grant proposal, and they will be actively involved with this project. SBLC is providing the $10,000 local match to the grant by taking on the Public Outreach and Education component of the IAVMP development. There is strong community interest in producing an IAVMP that can be used to apply for implementation grants and as a planning platform for other lake issues, such as nutrient sequestration, cyanobacterial blooms, and nuisance aquatic vegetation management. The successful proponent, while not responsible for the public involvement component of the plan, will need to coordinate with this very active group, provide information to them, and attend at least two of their public meetings. The public comments and input gathered by SBLC will need to be incorporated by the consultant into the IAVMP. The SBLC work plan is being finalized at this time and may be available during the solicitation period. 3.0 SCOPE OF SERVICES The Proponent will develop and write an IAVMP that meets Ecology s Aquatic Weed Fund Management Guidelines and provides the strategy for future lake management planning and implementation projects. The goal is to produce a draft document ready for Ecology s review by October 10, The services must be performed in compliance with all applicable terms and conditions of the Aquatic Weeds Management Fund Grant Agreement between the State of Washington Department of Ecology and Thurston County Water Resources, Grant No. [ ] and in accordance with the criteria and requirements in this RFP. Note that Ecology s Aquatic Weed Management Fund requirements prohibit any consulting firm or contractor who prepares this IAVMP from being considered for implementation of its control measures when funded by the state. The draft Grant Agreement is attached to this RFP as Exhibit A. At a minimum preparation of the IAVMP must include: a. Incorporate and discuss the Public Outreach and Education components developed by the Save Black Lake Coalition (SBLC). Development of the IAVMP must be in coordination and communication with SBLC and will include attending at least two public meetings with the SBLC. b. Develop a problem statement; c. Define management goals; d. List and discuss waterbody and watershed characteristics compiled from existing information; e. List beneficial and recreational uses of the waterbody, including existing permitted water use permits, and develop a beneficial use map; Page 3

5 f. Identify and discuss management methods including effectiveness, environmental impacts, human health risks, costs, and their applicability to Black Lake; g. Select the best combination of management methods to form an action strategy; h. Develop a monitoring strategy for the chosen methods;. i. Produce a printed and electronic draft version of the IAVMP for review by the County and Ecology; and j. Revise the draft IAVMP according to comments from the County, Ecology, and other reviewers. k. Produce 5 printed and one electronic file of the final IAVMP. 4.0 INSURANCE REQUIREMENTS The contractor shall maintain insurance as set forth in the Sample Contract included with this RFP in Exhibit B. 5.0 PROPOSAL REQUIREMENTS All proponents must submit one (1) original plus four (4) copies of a written Project Proposal to the Reception Desk of the Water Resources Division, Resource Stewardship Department, 929 Lakeridge Dr. SW, Building 4, Room 100, Olympia, Washington ALL PROPOSALS MUST BE RECEIVED NO LATER THAN 4:30 P.M. ON AUGUST 8, Any proposal received after the deadline or by facsimile will automatically be considered invalid. The date and time of receipt will be recorded on each proposal. A log will be kept of the names of all firms who submit proposals. Proposals must be clearly labeled to indicate they are in response to the Black Lake Integrated Aquatic Vegetation Management Plan RFP. Proposals are limited to 10 pages including resumes and references and shall be printed in 12 pt font with 1 margins. The proposal must include at least the following minimum elements: 1. Company name, principal owner, address, telephone number and contact person. (If the principal owner or name of the present company has changed within the last three years, provide the previous company name and principal owner(s).) 2. Description of experience developing Integrated Aquatic Vegetation Management Plans according to Ecology s Guidelines in coordination with government, tribal Page 4

6 and community level interests, with a list of previous projects and references for those projects (names and phone numbers). 3. Resumes of all personnel to be assigned to this project showing experience in lake management and development of IAVMPs. 4. A proposed work plan including: a. b. c. 5. A description of how the candidate intends to complete the tasks outlined in the Scope of Services (Section 3.0) within a total project budget of no greater than $22,000 per year, including a plan for compiling existing information on Black Lake and identification of information and data gaps and development of management strategies. A detailed breakdown of proposed costs. A detailed description of how the proponent will coordinate with the stakeholder groups. Demonstration that insurance requirements stated in the Sample Professional Services Contract (Exhibit A) will be met before the Proposal is accepted. A Certificate of Insurance shall be signed by the PROPONENT s authorized representative, dated, and submitted with the proposal. Failure to return this form shall constitute a non-responsive proposal. Proposals not in compliance with Section 5.0, subsections 1-5 shall be disqualified without consideration. 6.0 SELECTION CRITERIA All Qualifying Project Proposals received shall be evaluated by a committee that may include but not be limited to members of the Save Black Lake Coalition, Thurston County Resource Stewardship staff and state agency staff. The Project Proposals shall be evaluated according to the following rating system: 1. Proposed work plan for compiling existing information on Black Lake and identification of information and data gaps and development of management strategies possible points Demonstrated ability of the PROPONENT to provide service within proposed project budget and time period. 40 possible points Previous experience of company and personnel assigned to the project in lake management and development of IAVMP s. 25 possible points Demonstrated ability to work with previous clients 15 possible points Page 5

7 and the COUNTY, etc. 100 points TOTAL POSSIBLE POINTS The COUNTY reserves the right to use short lists, interviews, and requests for additional information as a part of the selection criteria. 7.0 CONDITIONS GOVERNING THIS SOLICITATION This section of the RFP contains the estimated schedule for the completion of the this RFP process A. SEQUENCE OF EVENTS The project Manager will make every effort to adhere to the following schedule: Action Responsibility Date 1. Issuance of RFP AGENCY July Deadline to Submit Questions PROPONENT July Response to Written Questions AGENCY August 3 4. Deadline for Proposals PROPONENT August 8 5. Proposal Evaluation Evaluation Committee August 9 6. Recommend Finalist Evaluation Committee August Selection and Contract Award Department Director August Finalize Contract AGENCY/PROPONENT August 17 B. EXPLANATION OF EVENTS The following paragraphs describe the activities listed in the sequence of events shown in Section 7, Paragraph A. 1. Issuance of RFP Page 6

8 The RFP package will be distributed by the Water Resources Division of the Department of Resource Stewardship through paper mail and ed Adobe Acrobat pdf files. Recipients of initial distribution will include contractors from the County s roster of known lake management and environmental consulting firms. Requests may be made to the Division for copies of the RFP package in response to published notices in newspapers of record in the County. 2. Deadline to Submit Written Questions Potential PROPONENTS may submit written questions as to the intent or clarity of this RFP until close of business on July 27, All written questions must be addressed to the Project Manager: Rich Doenges, Project Manager Water Resources Division Thurston County Department of Resource Stewardship 921 Lakeridge Dr. SW, Room 100, Olympia, WA Telephone (360) FAX (360) Response to Written Questions/RFP Amendments Written responses to written questions and any RFP amendments will be distributed on August 3, 2011 to all potential PROPONENTS who received the RFP package. 4. Submission of Proposal Proposals must be received by August, 8, 2011 at 4: Proposal Evaluation An Evaluation Committee will perform the evaluation of proposals. This process will take place on August 9, Selection of Finalist The Evaluation Committee will recommend the finalist based on points. 7. Contract Award The Evaluation Committee will give their recommendation for the preferred firm to the Department Director, who will authorize the award of the Professional Services Contract on August 12, The Project Manager will notify the finalist upon authorization by the Department Director. The award is subject to limitations of the project budget. Page 7

9 C. GENERAL REQUIREMENTS 1. Prime Contractor Responsibilities Any contract that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of the contract with Thurston County. Thurston County will make contract payments to the prime contractor only. 2. Subcontractors Use of subcontractors must be clearly explained in the proposal, and all subcontractors must be identified by name. The prime contractors shall be wholly responsible for the entire performance whether or not subcontractors are used. 3. No Obligation This solicitation in no manner obligates Thurston County or any of its Departments to the use of any proposed professional services until a valid written contract is awarded and approved by the appropriate authorities. 4. Cancellation This RFP may be cancelled at any time and all proposals may be rejected in whole or in part if the COUNTY determines such action to be in the best interest of Thurston County. 5. PROPONENT S Qualifications The Evaluation Committee may make such investigations as are necessary to determine the ability of the proposing firm to meet the requirements specified within this RFP, and verify the representations, oral and written, made in the selection process. 8.0 AWARD OF CONTRACT The work will be awarded through a contract in substantially the form attached hereto as Exhibit B. By submitting a proposal, each proponent certifies it is able to meet all requirements of the proposed contract attached. If the finalist selected fails, neglects, or refuses to execute a contract within the timeframe specified by the County, the County may negotiate with the next highest evaluated proponent or terminate negotiations with all proposers. Page 8

10 FIGURE 1 Map of Black Lake, Thurston County Page 9

11 EXHIBIT A. GRANT AGREEMENT AQUATIC WEEDS MANAGEMENT FUND GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THURSTON COUNTY WATER RESOURCES THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology [DEPARTMENT] and Thurston County Department of Resource Stewardship [RECIPIENT]. The purpose of this agreement is to provide funds to the RECIPIENT to carry out the activities described herein. PART I. GENERAL INFORMATION Project Title: Black Lake Integrated Aquatic Weed Management Plan Grant Number: G12 A. RECIPIENT Information RECIPIENT Name and Address Thurston County Department of Resource Stewardship 2000 Lakeridge Dr SW Olympia, WA RECIPIENT Contact Telephone Number: Fax Number: Address: Richard Doenges doenger@co.thurston.wa.us RECIPIENT Billing Contact Telephone Number: Fax Number: Address: Katie Henry , ext henryk@co.thurston.wa.us RECIPIENT Federal ID Number: B. DEPARTMENT Information DEPARTMENT Address: Water Quality Program Washington State Department of Ecology Page 10

12 P.O. Box Olympia, WA DEPARTMENT Project Manager: Telephone Number: Fax Number: Address: Melanie Tyler (360) (360) DEPARTMENT Funding Source: Aquatic Weeds Management Fund DEPARTMENT Share: RECIPIENT Share: Total PROJECT Cost: $30,000 $10,000 $40,000 DEPARTMENT Maximum Percentage: 75 percent The effective date of this agreement will be the date this agreement is signed by the DEPARTMENT s Water Quality Program Manager but no earlier than July 1, Any work performed prior to the effective date of this agreement will be at the sole expense and risk of the RECIPIENT. This agreement will expire no later than September 30, PART II. POST PROJECT ASSESSMENT The RECIPIENT agrees to submit a brief survey regarding the key project results or aquatic plant management outcomes and the status of environmental results or goals from the project three years after project completion. The DEPARTMENT s Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. Post Project Assessment Date: June 30, Aquatic plant management project outcomes to be evaluated at the Post Assessment include: An Integrated Aquatic Vegetation Management Plan for Black Lake that results in the ability to manage, reduce and control the infestation of targeted invasive aquatic plants. Assessment of steps taken to implement the IAVMP, and the outcomes of the implementation. PART III. PROJECT DESCRIPTION RECIPIENT will develop a Black Lake Integrated Aquatic Vegetation Management Plan Page 11

13 (IAVMP) that meets the DEPARTMENT s Aquatic Weed Management Fund guidelines for Integrated Aquatic Vegetation Management Plans (IAVMPs). The Plan will investigate cost effective, environmentally sound, best management practices appropriate to address increased populations of invasive aquatic weeds in Black Lake. PART IV. PROJECT BUDGET Project Title: Black Lake Invasive Weed Integrated Management Plan TOTAL ELIGIBLE TASKS COST (TEC) Task 1. Project Management $4,000 Task 2. Aquatic Survey and Assessment $4,000 Task 3. Public Outreach and Education Program $10,000 Task 4. Develop a Black Lake Integrated Aquatic Vegetation $22,000 Management Plan $40,000 Total* * The DEPARTMENT s Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS DEPARTMENT Share (75% of TEC) $30,000 RECIPIENT Share (25% of TEC) $10,000 Eligible costs may consist of any combination of Cash, Interlocal, or In-kind contributions. 1. Payment Request Submittals: Payment requests will not be submitted more often than monthly, unless allowed by the DEPARTMENT s Project Manager. The DEPARTMENT s Project Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. 2. Payment Schedule: Payments will be made on a cost reimbursable basis. PART V. SCOPE OF WORK Task 1 - Project Administration/Management A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; attainment of all required permits, licenses, easements of property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT will manage the project. Efforts will include conducting, coordinating, and scheduling of project activities, and assuring quality control. The RECIPIENT will make every effort to maintain effective communication with the RECIPIENT s designees, the DEPARTMENT, all affected local, state, or federal jurisdictions, and any interested Page 12

14 individuals or groups regarding progress on the project. The RECIPIENT will carry out this project in accordance with any completion dates outlined in this Agreement. C. The RECIPIENT will submit all invoice vouchers, correspondence, and project documents, to the DEPARTMENT Project Manager. Invoice voucher submittals will include a state of Washington Invoice Voucher Form A19-1A, the appropriate B and C forms as described in the current edition of Administrative Requirements for Ecology Grants and Loans, and Form D (when applicable). Copies of all applicable forms will be included with an original A19-1A form, and will be submitted to the DEPARTMENT. Blank forms are found in the current edition of Administrative Requirements for Ecology Grants and Loans or electronic forms can be obtained from the Project Manager. Reimbursements from the DEPARTMENT for invoice voucher submittals will be deposited electronically into the RECIPIENT s State-Wide Voucher account, No. SWV , attention: Katie Henry. D. The RECIPIENT will submit to the DEPARTMENT the following documents and in the quantities identified: Draft plan electronic copy Final IAVMP electronic copy and five hard copies The RECIPIENT will submit two copies of any document(s) that require DEPARTMENT approval. E. Required Performance: 1. Effective administration and management of this grant project. 2. Maintenance of all project records. 3. Submittal of all required performance items, progress reports, financial vouchers, and maintenance of all project records. Task 2: Aquatic Survey and Analysis A. The RECIPIENT will complete an aquatic vegetation survey to identify and map the invasive species and their locations in Black Lake. The RECIPIENT will build upon and confirm previous mapping data available from the DEPARTMENT and the Thurston County Noxious Weed Control Board. B. The RECIPIENT will summarize and assess the collected data. C. Required Performance: 1. Completion of Black Lake aquatic vegetation survey. 2. Summary and assessment of survey data. Page 13

15 Task 3: Public Outreach and Education Program The goal of this task is to provide varied opportunities for the public to learn about and become engaged in the effort to improve Black Lake vegetation management. This task will result in the development and dissemination of information to interested individuals and the community about the development of the plan through a variety of media resources including the web, public meetings, press releases, Facebook and a survey. A. The RECIPIENT will hold a minimum of four community meetings around major milestones of mapping, alternative control measures, plan recommendations, and final plan development. B. The RECIPIENT will develop a newsletter and website for the project. The RECIPIENT will develop five newsletters covering major project milestones and distribute them to stakeholders. The RECIPIENT will distribute the newsletter via the web; the RECIPIENT will provide printed format newsletters to those without web. C. The RECIPIENT will develop an internet presence using a project website and Facebook account to provide relevant and real-time outreach opportunities. D. The RECIPIENT will complete one survey during the outreach period to collect public opinion on the alternatives for implementing aquatic plant control. E. Required Performance: Hold four community meetings around major planning milestones. Develop a newsletter and website for the project. Publicize the project on the website and Facebook. Complete a survey on aquatic plant control options. Task 4: Develop Black Lake Integrated Aquatic Vegetation Management Plan A. The RECIPIENT will develop an IAVMP that incorporates all the requirements for an IAVMP listed in the DEPARTMENT's Aquatic Weeds Management Fund program guidelines. The RECIPIENT, with input from interested residents and other community members, will use the Aquatic Weeds Management Fund Grant Guidelines to develop the IAVMP for Black Lake. This manual is available at: ( B. If herbicide treatment is planned as part of the IAVMP, the RECIPIENT will attempt to identify those residents holding water rights on affected waters. In addition, the RECIPIENT will address human health and environmental concerns about herbicide use prior to its inclusion in the IAVMP. C. The RECIPIENT will submit the draft IAVMP to the DEPARTMENT no less than 30 days before the project completion date. Following this review, the RECIPIENT will prepare and submit to the DEPARTMENT a final IAVMP incorporating review comments. The Page 14

16 DEPARTMENT recommends that the RECIPIENT submit the final plan through the State Environmental Policy Act (SEPA) process. D. Required Performance: 1. Develop an IAVMP that meets the minimum standards for an IAVMP as set out in the Aquatic Weeds Management Fund Grant Guidelines. 2. Submit the draft IAVMP to the DEPARTMENT for review and comment. 3. Revise the draft IAVMP according to comments received from the DEPARTMENT and other reviewers. VI. SPECIAL TERMS AND CONDITIONS A. Conflict of Interest. The company, associated company, contractor, corporation, or individual writing and/or guiding the steering committee through the assessment of plant control options during development of this IAVMP (integrated aquatic vegetation management plan) shall not be considered for implementation of these control measures under state-funded projects. B. Use of Force Account. In the event the RECIPIENT elects to use its own forces to accomplish eligible project work, the RECIPIENT acknowledges that it has the legal authority to perform the work and adequate and technically qualified staff to perform the work without compromising other government functions. The RECIPIENT must track and report the force account work submitted to the DEPARTMENT for reimbursement. C. Indirect Rate. The RECIPIENT may charge an indirect rate of up to 25 percent based on employee s direct salary and benefit costs incurred while conducting project-related work. The DEPARTMENT s Financial Manager may require a list of items included in the indirect rate at any time. D. Match Requirement. Property and services donated by organizations or individuals to accomplish grant requirements may be used as in-kind match. Donated property and services must comply with the DEPARTMENT s current edition of Administrative Requirements for Ecology Grants and Loans and the Aquatic Weeds Management Fund Grant Guidelines ( Documentation will be maintained by the RECIPIENT for all donated property and services and made available for review by the DEPARTMENT on request. Interlocal Match. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements are consistent with all of the following: 1. Terms of this grant agreement 2. The edition of Administrative Requirements for Ecology Grants and Loans that is effective at the signing of this agreement. 3. Chapter RCW Interlocal Cooperation Act All negotiated interlocal agreements will be consistent with the terms of this grant Page 15

17 Agreement, the DEPARTMENT s current edition (at the signing of this agreement) of Administrative Requirements for Ecology Grants and Loans and Chapter RCW Interlocal Cooperation Act. Upon request, the RECIPIENT will submit a copy of the final negotiated interlocal agreement(s) to the DEPARTMENT s Project Manager. E. Meeting/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for light refreshments associated with this project. The total amount spent for light refreshments under this agreement cannot exceed $250 unless authorized in writing by the Project Manager. F. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT will report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: 1. Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. G. Procurement. The RECIPIENT may elect to use its own forces or may contract for professional services necessary to perform and complete project related work. The RECIPIENT will ensure that this project is completed according to the details of this agreement. By signing this agreement, the RECIPIENT certifies that all applicable requirements have been satisfied in the procurement of any professional services. Upon request, the RECIPIENT will submit a copy of the final negotiated agreement(s) to the DEPARTMENT s Project Manager. Page 16

18 H. Progress Reports. The RECIPIENT will submit semi-annual, one-page Progress Reports to the DEPARTMENT s Project Manager. Progress Reports for January 1 through June 30 are due July 15. Progress Reports for July 1 through December 31 are due January 15. Payment requests will not be processed if the required Progress Reports have not been submitted by the RECIPIENT. I. Time for Performance. In the event that the RECIPIENT fails to commence work on the PROJECT within four months after the effective date of this agreement, the DEPARTMENT reserves the right to terminate this agreement. Page 17

19 VII. ALL WRITINGS CONTAINED HEREIN This Agreement, the appended General Terms and Conditions, the DEPARTMENT s current edition of Administrative Requirements for Ecology Grants and Loans, and the Aquatic Weeds Management Fund Grant Guidelines contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this Agreement, EXCEPT, that in response to a request from the RECIPIENT; the DEPARTMENT may change the grant expiration date. The DEPARTMENT or RECIPIENT may change their respective staff contacts without the concurrence of either party. IN WITNESS WHEREOF, the parties sign this Grant: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY THURSTON COUNTY KELLY SUSEWIND, P.E., P.G. DATE WATER QUALITY PROGRAM MANAGER CLIFF MOORE DATE DIRECTOR, DEPARTMENT OF RESOURCE STEWARSHIP Approved as to form: JON TUNHEIM PROSECUTING ATTORNEY APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL Page 18 Jane Futterman Deputy Prosecuting Attorney

20 EXHIBIT B. SAMPLE PROFESSIONAL SERVICES CONTRACT SAMPLE PROFESSIONAL SERVICES CONTRACT THURSTON COUNTY/ BLACK LAKE INTEGRATED AQUATIC VEGETATION MANAGEMENT PLAN THIS CONTRACT is entered into in duplicate originals between THURSTON COUNTY, a municipal corporation, with its principal offices at 2000 Lakeridge Drive S.W., Olympia, Washington 98502, hereinafter COUNTY, and, with its principal offices at, hereinafter CONTRACTOR. In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. DURATION OF CONTRACT The term of this Contract shall begin on the date last executed below, and shall terminate on. The Contract may be extended on an annual basis by Amendment until. The decision to amend, extend or renew or this Contract shall be at the sole discretion of the COUNTY. 2. SERVICES PROVIDED BY THE CONTRACTOR The CONTRACTOR represents that it is qualified and possesses the necessary expertise, knowledge, training, and skills, and has the necessary licenses and/or certification to perform the services set forth in this Contract. The CONTRACTOR shall perform the following services: a. A detailed description of the services to be performed by the CONTRACTOR is set forth in Exhibit A, Black Lake Aquatic Integrated Vegetation Management Plan, which is attached hereto and incorporated herein by reference. b. The CONTRACTOR agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor, or facilities will be furnished by the COUNTY. c. The CONTRACTOR shall perform according to standard industry practice of the work specified by this Contract. Page 19

21 d. The CONTRACTOR shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties. e. The CONTRACTOR shall, from time to time, during the progress of the work, confer with the COUNTY. At the COUNTY S request, the CONTRACTOR shall prepare and present status reports on its work. 3. SERVICES PROVIDED BY THE COUNTY In order to assist the CONTRACTOR in fulfilling its duties under this Contract, the COUNTY shall provide the following: a. Relevant information as exists to assist the CONTRACTOR with the performance of the CONTRACTOR S services. b. Coordination with other County Departments or other Consultants as necessary for the performance of the CONTRACTOR S services. c. Services documents, or other information identified in Exhibit A. 4. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties representatives are as follows: a. For CONTRACTOR: Name of Representative: Title: Mailing Address: City, State and Zip Code: Telephone Number: Fax Number: Address: b. For COUNTY: Name of Representative: Richard Doenges Title: Planning Coordinator, Water Resources Division Mailing Address: 929 Lakeridge Rd SW City, State and Zip Code: Olympia, WA Telephone Number: Fax Number: Address: doenger@co.thurston.wa.us Page 20

22 5. COMPENSATION a. The maximum total amount payable by the COUNTY to the CONTRACTOR under this Contract shall not exceed. No payment shall be made for any work performed by the CONTRACTOR, except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract. b. The CONTRACTOR may submit invoices to the COUNTY not more often than once per month during the progress of the work for partial payment of work completed to date. Invoices shall cover the time CONTRACTOR performed work for the COUNTY during the billing period. The COUNTY shall pay the CONTRACTOR for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of receipt of billing. c. The CONTRACTOR shall not be paid for services rendered under the CONTRACT unless and until they have been performed to the satisfaction of the COUNTY. d. In the event the CONTRACTOR has failed to perform any substantial obligation to be performed by the CONTRACTOR under this Contract and such failure has not been cured within ten (10) days following notice from the COUNTY, then the COUNTY may, in its sole discretion, upon written notice to the CONTRACTOR, withhold any and all monies due and payable to the CONTRACTOR, without penalty until such failure to perform is cured or otherwise adjudicated. Substantial for purposes of this Contract means faithfully fulfilling the terms of the contract with variances only for technical or minor omissions or defects. e. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, the CONTRACTOR will not be paid for any billings or invoices presented for payment prior to the execution of the Contract or after its termination. 6. AMENDMENTS AND CHANGES IN WORK a. In the event of any errors or omissions by the CONTRACTOR in the performance of any work required under this Contract, the CONTRACTOR shall make any and all necessary corrections without additional compensation. All work submitted by the CONTRACTOR shall be certified by the CONTRACTOR and checked for errors and omissions. The CONTRACTOR shall be responsible for the accuracy of the work, even if the work is accepted by the COUNTY. b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment, signed by both parties and attached to this Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the COUNTY. 7. HOLD HARMLESS AND INDEMNIFICATION a. The CONTRACTOR shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorneys fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the CONTRACTOR S acts, errors or omissions or the acts, errors or omissions of its Page 21

23 employees, agents, subcontractors or anyone for whose acts any of them may be liable, in the performance of this Contract. Claims shall include, but not be limited to, assertions that information supplied or used by the CONTRACTOR or subcontractor infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that the CONTRACTOR S obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONTRACTOR S obligations hereunder shall apply only to the percentage of fault attributable to the CONTRACTOR, its employees, agents or subcontractors. b. In any and all claims against the COUNTY, its officers, officials, employees and agents by any employee of the CONTRACTOR, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or subcontractor under Worker s Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the CONTRACTOR expressly waives any immunity the CONTRACTOR might have had under Title 51 RCW. By executing the Contract, the CONTRACTOR acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the CONTRACTOR makes with any subcontractor or agent performing work hereunder. c. The CONTRACTOR S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the CONTRACTOR, the CONTRACTOR S employees, agents or subcontractors. 8. INSURANCE a. Professional Legal Liability: The CONTRACTOR, if he is a licensed professional, shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the CONTRACTOR S profession and shall be written subject to limits of not less than $1,000,000 per loss. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the CONTRACTOR S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the CONTRACTOR S services as defined by this Contract including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Contract. b. Workers Compensation (Industrial Insurance): The CONTRACTOR shall maintain workers compensation insurance as required by Title 51 RCW, and shall provide evidence of coverage to the Thurston County Risk Management Division. The CONTRACTOR shall send to Thurston County at the end of each quarter written verification that premium has been paid to the Washington State Department of Labor and Industries for Industrial Insurance coverage. Alternatively, the CONTRACTOR shall provide certification of approval by the Washington State Department of Labor and Industries if self-insured for Workers Compensation. Page 22

24 c. Commercial General Liability: The CONTRACTOR shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no less than $2,000,000. i. The CONTRACTOR shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the CONTRACTOR will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The CONTRACTOR S Commercial General Liability insurance shall include the COUNTY, its officers, officials, employees and agents as additional insureds with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the COUNTY as additional insured. iii. The CONTRACTOR shall furnish the COUNTY with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the COUNTY as an additional insured. iv. If the CONTRACTOR S liability coverage is written as a claims made policy, then the CONTRACTOR must evidence the purchase of an extended reporting period or tail coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. v. If the Contract is over $50,000 then the CONTRACTOR shall also maintain Employers Liability Coverage with a limit of not less than $1 million. d. Automobile Liability: The CONTRACTOR shall maintain Business Automobile Liability insurance with a limit of not less than $300,000 each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired and non-owned automobiles. e. Other Insurance Provisions: i. The CONTRACTOR S liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the COUNTY, its elected and appointed officers, officials, employees and agents. ii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the COUNTY, its officers, officials, employees or agents. iii. 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. iv. The CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. v. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification. vi. The CONTRACTOR shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced. Page 23

25 f. Verification of Coverage and Acceptability of Insurers: 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. i. Certificates of Insurance shall show the Certificate Holder as Thurston County and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department. ii. Written notice of cancellation or change shall be mailed to the COUNTY at the following address: Attn: Risk Analyst Human Resources 2000 Lakeridge Drive S.W. Olympia, Washington iii. The CONTRACTOR shall furnish the COUNTY with properly executed certificated of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the COUNTY. iv. The CONTRACTOR or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the Thurston County Risk Management Division. 9. TERMINATION a. The COUNTY may terminate this Contract for convenience in whole or in part whenever the COUNTY determines, in its sole discretion, that such termination is in the best interests of the COUNTY. The COUNTY may terminate this Contract upon giving ten (10) days written notice by Certified Mail to the CONTRACTOR. In that event, the COUNTY shall pay the CONTRACTOR for all costs incurred by the CONTRACTOR in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section 5 of this Contract. b. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract, the COUNTY may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the COUNTY to the CONTRACTOR. After the effective date, no charges incurred under this Contract are allowable. c. If the CONTRACTOR breaches any of its obligations hereunder, and fails to cure the breach within ten (10) days of written notice to do so by the COUNTY, the COUNTY may terminate this Contract, in which case the COUNTY shall pay the CONTRACTOR only for the costs of services accepted by the COUNTY, in accordance with Section 5 of this Contract. Upon such termination, the COUNTY, at its Page 24