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HomeMy WebLinkAboutNorthwest Watershed Institute for Tarboo Creek - 032326AGREEMENT BETWEEN JEFFERSON COUNTY AND NORTHWEST WATERSHED INSTITUTE East Tarboo Creek Culverts Replacement Coyle Road, M.P. 1.15 and 1.23 County Project No. 18021630 County Road No. 403908 This Agreement is made and entered into by and between Jefferson County, through the Department of Public Works, 623 Sheridan Street, Port Townsend, Washington 98368, hereinafter referred to as "County" and the Northwest Watershed Institute (NWI), 3407 Eddy Street, Port Townsend, WA 98368. For the purposes of this Agreement, it is understood that all references to the County or the Northwest Watershed Institute also include an appointed designee. WHEREAS, the County owns, operates, and maintains public road rights -of -way, including Coyle Road at milepost 1.15 and milepost 1.23 which lie in the Southwest 1/4 of Section 34, Township 28 North, Range 1 West, W.M., Jefferson County, Washington; and, WHEREAS, the East Fork Tarboo Creek currently flows across the above -described road right-of- way through a 48-inch diameter concrete culvert at milepost 1.15 and a 42-inch diameter corrugated metal pipe at milepost 1.23; and, WHEREAS, the Washington Department of Fish and Wildlife has determined that replacement of these culverts with fish -passable structures would have significant benefits for anadromous fish in the system; and, WHEREAS, the Northwest Watershed Institute has secured funding from the Washington State Fish Barrier Removal Board (FBRB) sufficient to complete the design phase of this project, and intends to pursue funding from the FBRB for construction; and, WHEREAS, the County has deemed it advisable to improve this County roadway in accordance with these recommendations, and this project is listed on the 2026-2031 Six Year Transportation Improvement Program as item number 27. NOW, THEREFORE, pursuant to the above recitals, the County and the Northwest Watershed Institute (collectively hereinafter "Parties" to this Agreement) acknowledge and agree to work cooperatively to complete this project in accordance with the following: PURPOSE OF AGREEMENT The purpose of this Agreement is to provide for the design, permits, construction, construction supervision, and monitoring of a cooperative road improvement project which primarily consists of replacing the existing culverts under Coyle Road at milepost 1.15 and milepost 1.23 with a bridge meeting all applicable State and County design standards. East Tarboo Creek Culverts Replacement SCOPE OF WORK The Parties shall undertake and complete the cooperative habitat enhancement project (hereinafter "project") set out below: The Northwest Watershed Institute will, within the limitations of this agreement: Provide, through a combination of non -County funding sources, 100% of the funding required for completion of this project. The Northwest Watershed Institute will be responsible for covering all cost overruns. 2. Develop, through its licensed engineers and consultants, a suitable bridge design meeting all Washington State Department of Transportation (WSDOT) and County road/bridge design standards and develop all required contract documents sufficient to ensure that the project will be constructed to these standards. 3. Coordinate all utility relocations. 4.Obtain all permits required to conduct said work. 5.Obtain right of entry or permanent easements onto lands not owned by the County and provide land surveying as necessary to determine property boundaries. 6. Obtain competitive bids for construction of the project in accordance with public works contracting laws including prevailing wage requirements. 7. Provide contract and construction management. Construct the project per designs approved by the County. Said design to become an attachment to this agreement and is incorporated herein by reference. 9. Provide full-time construction oversight under supervision of a licensed civil engineer, and the necessary inspection services and material tests to ensure that materials and workmanship meet project specifications. 10. Provide a safe path through the project area for highway -legal traffic at all times. 11. Reimburse Jefferson County for staff time and expenses not to exceed $20,000 without prior written authorization from NWI. The County will, within the limitations of this agreement: 1. Review consultant contract and scope of work. 2. Provide existing information/road plans for this segment of Coyle Road. East Tarboo Creek Culverts Replacement 2 3. Attend weekly progress meetings via Microsoft Teams during the first month, and then monthly progress meetings thereafter. 4. Attend two field meetings (Start-up meeting and Alternatives Analysis meeting). 5. Review, provide comments and approve the 30%, 60%, 90% and final PS&E, promptly and within a 30-day maximum response time. 6. Provide bid document examples and references to assist NWI's consultant with bid document preparation. 7. Inspect the project periodically during construction for conformance to plans and County standards. This shall not be a substitute for or replace the full-time construction monitoring and materials testing as necessary to meet the requirements of the WSDOT Standard Specifications. Jefferson County will not provide any materials testing services. 8. Provide right of entry to the Northwest Watershed Institute on lands owned by the County. 9. Cooperate with the Northwest Watershed Institute to generally facilitate the successful completion of work under this agreement. 10. Remain the owner of and maintain the completed project. TIME OF PERFORMANCE The Northwest Watershed Institute shall complete all specified project work, including submission of reports and/or other required documentation, as dictated by NWI schedules and funding source requirements. The County and NWI will mutually agree upon a suitable number of working days for project construction once the design is complete. PROJECT ADMINISTRATION The Northwest Watershed Institute shall be responsible for administration of the project. Administration of this Agreement for the Northwest Watershed Institute shall be conducted by Peter Bahls, or such other persons as may be designated by the Northwest Watershed Institute. Administration of this agreement for the County shall be conducted by the County Engineer or his designee. DIRECTION AND CONTROL The Northwest Watershed Institute agrees that it will perform under this Agreement as an independent contractor and not as an agency, employee, or servant of the County. The parties agree that the Northwest Watershed Institute is not entitled to any benefits or rights employed by employees of the County. The Northwest Watershed Institute specifically has the right to direct and control its own activities in accordance with the requirements of this Agreement. East Tarboo Creek Culverts Replacement 3 The County will become the owner of the improvements within the right of way after the project is completed. As such, the Jefferson County Engineer shall have the final authority in matters concerning the design and construction of said improvements. PAYMENT The County shall be under no obligation to provide funding for this project. Under the terms of this agreement, all funding shall be obtained from non -County sources. OVERRUN OF COST ESTIMATE In the event the project costs exceed the estimated costs, the Northwest Watershed Institute will be responsible for obtaining the additional funding necessary to complete the project from sources other than the County as allowed by law. OTHER FUNDING This Agreement in no way restricts either party from participating with any public or private agencies, organizations, and individuals or by accepting contributions, gifts or mitigation money to be applied to either party's portion of the planning, engineering, construction, administration, operation, and preservation of this project. RIGHT -OF -ENTRY The County will grant to the Northwest Watershed Institute the right to enter upon County owned lands necessary to the expedient completion of this project, once certain criteria have been met including development of plans and specifications acceptable to the County Engineer. Construction shall not commence on County -owned property until specifically granted in writing by the County Engineer. OWNERSHIP AND MAINTENANCE The County shall have ownership of the completed project and shall maintain the project as required. JOINT HOLD HARMLESS Each party to this Agreement shall be responsible for damage to persons or property resulting from the negligence on the party of itself, its employees, its agents, or its officers. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a part to this Agreement. PERMITS The Northwest Watershed Institute shall be responsible for obtaining all permits to complete this project. Jefferson County will not be liable for the failure of NWI to obtain or adhere to said permits. NWI will be responsible for contractor compliance with said permits. East Tarboo Creek Culverts Replacement 4 EXTRA WORK Except as otherwise provided in this Contract, no payment by the County for extras shall be made unless such extras and the price therefore are agreed upon in writing by both parties. ACCESS TO BOOKS/RECORDS The Parties may, at reasonable times inspect or audit the books and records of either party relating to performance of this Agreement. The Parties shall keep all records required by this Agreement for six (6) years after completion of the project for inspection or audit purposes. COMPLIANCE WITH LAWS All work performed under this Agreement shall comply with all federal and state laws, local laws and ordinances, and applicable permit requirements, including but not limited to requirements of the Shoreline Management Act and the State Hydraulic Code. The project shall meet all public works contracting laws, bidding requirements, and prevailing wage requirements. CONFLICT BETWEEN ATTACHMENTS AND TEXT Should any conflicts exist between any attached exhibit and the text of this Agreement, the text shall prevail. TERMINATION Either party may terminate this Agreement by giving written notice to the other, at the address first noted herein, of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. If the Agreement is terminated, payment for documented project costs through the effective date of the termination will be made in accordance with the PAYMENT section of this Agreement. In the event the project is not completed, copies of all data, plans, documents, and other pertinent project information shall be provided to the County for its use and records. GOVERNING LAW AND STIPULATION OF VENUE This Agreement shall be governed by the laws of the State of Washington. The parties stipulate that any lawsuit regarding this Agreement must be brought in Jefferson County, Washington. WAIVER No waiver by either party of any term or condition of this Agreement shall be deemed nor construed as a waiver of any other term or condition, nor shall the waiver of any breach be deemed or construed as a waiver of any subsequent breach whether of the same or a different provision of this Agreement. CONTINGENCY East Tarboo Creek Culverts Replacement 5 The obligation of the parties under this Agreement is contingent upon local and state legislative appropriation of necessary funds in accordance with law. In the event funding from state, federal, county or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, then either party may terminate this Agreement under the "Termination" clause, subject to renegotiation under those new funding limitations and conditions. SEVERABILITY Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect. ENTIRE AGREEMENT The Agreement merges and supersedes all prior applications, representations, negotiations, approvals, and understandings between the parties hereto relating to the subject matter of this Agreement and constitutes the entire Agreement between the parties. East Tarboo Creek Culverts Replacement IN WITNESS WHEREOF, the parties have executed this Agreement. DATED this 'Z day of Vai-C'k , 20 . NORTHWEST WATERSHED INSTITUTE JEFFERSON COUNTY BOARDAOF COMMISSIONERS Peter Bahls Director March 15, 2026 Date East Tarboo Creek Culverts Replacement 7 Heidi Ap�p+rov s to form only: Philip C. Hunsucker Date Chief Qivil Deputy Prosecuting Attorney C_ Eric Kuzma bate Public Works Director District 1 District 2 District 3 March 12, 2026 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: March 23, 2026 Subject: Agreement between Jefferson County and Northwest Watershed Institute for Tarboo Creek Culverts Replacement Coyle Road MP 1.15 and MP 1.23 County Project No. 18021630, County Road No. 403908 Statement of Issue: An agreement between Jefferson County and the Northwest Watershed Institute (NWI) to replace two culverts on Coyle Road with bridge -type structures for the purpose of removing fish passage barriers. Analysis/Strategic Goals/Pro's It Con's: The Northwest Watershed Institute plans to replace the culverts under Coyle Road at milepost 1.15 and milepost 1.23 (East Fork Tarboo Creek) for the purpose of removing fish passage barriers. This project is listed on the 2026-2031 Six Year Transportation Improvement Program as item number 27. NWI will design, manage, and construct the project and provide all of the funding necessary for the project. NWI has secured funding from the Washington State Fish Barrier Removal Board (FBRB) for project design, and intends to pursue additional funding from the FBRB for project construction. NWI will reimburse Jefferson County for staff time and expenses associated with design review and project coordination. Fiscal Impact/Cost Benefit Analysis: NWI will provide 100% of the funding for the project and will reimburse Jefferson County up to a maximum of $20,000 for staff time and expenses. Recommendation: Please sign the attached three (3) originals of the Agreement. Return two to Public Works and retain one for your records. Department Contact: Mark Thurston, P.E., Project Manager, 385-9210. Reviewed By: OOQOZA� J1sh Peters, County Administrator 3/18/2026 Date CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) Clear Form CONTRACT WITH: Northwest Watershed Institute Contract No: Contract For: Agreement for Tarboo Creek Culverts Replacement Term: COUNTY DEPARTMENT: Public Works Contact Person: Mark Thurston, Chris Spall Contact Phone: Ext. 210, EA. 208 Contact email: mthurston@co.jefferson.wa.us, cspall@co jefferson.wa us AMOUNT: $20,000 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund # Munis Org/Obj 595 No PROCESS: 'e3 Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ ✓ Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: a 3 - ¢—e-l' Signature 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: F N/A: 79%j�fs.•G��- 3 - ¢— 2lv Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 3/13/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): j�1ectronically approved as to form by PAO on 3/13/2026. viously submitted with an incorrect PAO denial. PAO signature page has been provided. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEV(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL