Loading...
HomeMy WebLinkAboutCONSENT FLAP Phase 2, Upper Hoh Rd Two Trout Creek Culvert 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: April 6, 2026 Subject: Federal Lands Access Program Amendment 0001 to Grant Agreement No. 690567240004 Upper Hoh Road Phase 2, and Two Trout Creek Culvert Replacement Statement of Issue: Execution of an amendment to Federal Lands Access Program (FLAP) Grant Agreement with FHWA-Western Federal Lands Highway Division (WFLHD) for the Upper Hoh Road Phase 2 project and the Two Trout Creek Culvert Replacement project. Analysis/Strategic Goals/Pro's & Con's: The grant agreement amendment will provide federal funding for an interpretive sign fabrication and installation at Upper Hoh Road, and tree removal at Two Trout Creek Culvert Replacement (Oil City Road MP 0.5). WFLHD requires assistance from Jefferson County on these project tasks and will reimburse Jefferson County through this grant amendment. The original grant agreement was for post-construction obligations for the Upper Hoh Road Phase 2 project. Those obligations are ongoing, and include riparian tree planting, monitoring of vegetation and wetland mitigation establishment, and monitoring of Engineered Log Jam performance. Fiscal Impact/Cost Benefit Analysis: This amendment will increase the grant agreement amount by $65,500, from $165,000 to $230,500. The amendment will provide 100% funding for the sign installation and tree removal. Recommendation: Public Works recommends the Board execute the Grant Agreement amendment with WFLHD by signing and returning the one original to Public Works. A fully executed copy will be returned to the Board after execution by WFLHD. Department Contact: Mark Thurston, P.E., Project Manager, 385-9210. Reviewed By: 4/1/26 Josh Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) FUL'et( "Pi CONTRACT WITH: U.S.Department of Transportation/Federal Highway Administration Contract No: Contract For: Upper Hoh River Road Phase 2/Two Trout Creek Culvert Replacement Term: COUNTY DEPARTMENT: Public Works Contact Person: Mark Thurston,Chris Spoil Contact Phone: Ext.210,Ext.208 Contact email: mlhurston@co Jefferson wa us,cspall@co Jefferson wa us AMOUNT: $ss,soo PROCESS: Exempt from Bid Process Revenue: 33320.22000 Cooperative Purchase Expenditure: sssoo.lo _ Competitive Sealed Bid Matching Funds Required: yes Small Works Roster Sources(s) of Matching Funds WSDOT Toll Credits — Vendor List Bid Fund# _ RFP or RFQ Munis Org/Obj ✓ Other: APPROVAL STEPS: STEP l: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: o N/A:E1 2, -th 2/24 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: El N/A: a 7,0141- - .3/1z2(p/ Signature ° Datc 7ST 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 3/18/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): El Ironically approved as to form by PAO on 3/18/2026. ontract signed on 3/18/26 by JBL 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 I ASSISTANCE AGREEMENT 1. Award No. 2. Modification No. 3. Effective Date 4. CFDA No. 6905672440004 0001 See Block 27 20.224 5. Awarded To 5. Sponsoring Office 7. Period of Performance JEFFERSON COUNTY PUBLIC WORKS DEPARTMENT FEDERAL HIGHWAY ADMINISTRATION 07/22/2024 Attn: CATHY TAYLOR FHWA WESTERN FED LANDS DIVISION through 623 SHERIDAN ST 610 E FIFTH STREET 05/01/2027 PORT TOWNSEND WA 983682439 Vancouver WA 98661 8. Type of Agreement 9. Authority 10. Purchase Request or Funding Document No. O Grant HFLWCA260006PR ❑ Cooperative Agreement ❑ Other 11. Remittance Address 12. Total Amount 13. Funds Obligated JEFFERSON COUNTY PUBLIC WORKS DEPARTMENT Govt. Share: $230,500.00 This action: $65,500.00 Attn: JEFFERSON COUNTY DEPARTMENT OF PUBL 623 SHERIDAN ST Cost Share : $0.00 Total : $230,500.00 ATTN ACCTS RECEIVABLE PORT TOWNSEND WA 98368 Total $230,500.00 14. Principal Investigator 15. Program Manager 16. Administrator SAMANTHA SHIELDS Federal Highway Administration Phone: 360-619-7847 FHWA WESTERN FED LANDS DIVISION 610 E FIFTH STREET Vancouver WA 98661 17. Submit Payment Requests To 18. Paying Office 19. Submit Reports To FHWA Delphi eInvoicing System john.davis@dot.gov https://einvoice.esc.gov 20. Accounting and Appropriation Data See Schedule 21. Research Title and/or Description of Project Upper Hoh River Road Phase 2, WA JEFF 91420(1) & Two Trout Creek Culvert Replacement, WA FLAP JEFFER 134309(2) For the Recipient For the United States of America 22. Signature of Person Authorized to Sign 25. Signature of Grants/Agreements Officer 23. Name and Title 24. Date Signed 26. Name of Officer 27. Date Signed ANGY LILJEDAHL Approved as-tp ferKn i. 3/18/26 Jeremiah Luther / Date DPA CONTINUATION SHEET REFERENCE NO.OF DOCUMENT BEING CONTINUED PAGE OF 6905672440004/0001 2 12 NAME OF OFFEROR OR CONTRACTOR JEFFERSON COUNTY PUBLIC WORKS DEPARTMENT ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) UEI: PC7MRLYLNGD5 WA FLAP JEFFER 134309(2) , TWO TROUT CREEK CULVERT REPLACEMENT & WA JEFF 91420(1), UPPER HOH RIVER ROAD PHASE 2 POC: John Davis 360-619-7939 Amendment 0001 serves to increase funding and update project details per the attached grant amendment: 1. Amendment 0001 hereby increases funding in tle amount of $65,500.00 from $165,000.00 to an amendment total of $230,500.00. Add Item 00002 as follows: CA Amendment - Increase in Funding Federal Share: Federal Share Federal Share: Non 00002 Federal Share 57,900.00 Project Data: 1517533143092.531.CN.V200.53.1753000000.41012.0210 9/2026 Accounting Info: 15X1G20050.0000.117V200531.1753000000.41012.6100E6 00.0000000000.0000000000.0000000000.0000000000 Funded: $57,900.00 Add Item 00003 as follows: CA Amendment - Increase in Funding Federal Share: Federal Share Federal Share: Non 00003 Federal Share 7,600.00 Project Data: 1517532013020.531.CN.V200.53.1753000000.41012.02, 0 9/2026 Accounting Info: 15X1G20050.0000.117V200531.1753000000.41012.6100E6 00.0000000000.0000000000.0000000000.0000000000 Funded: $7,600.00 Agreement No. 6905672440004 Amendment 0001 Page 1 of 13 1. Award No. 2. Effective Date 3. CDFA No. 6905672440004 See Block 17 20.224 4. Awarded To 5. Sponsoring Office Jefferson County, Washington U.S. Department of Transportation 623 Sheridan Street Federal Highway Administration Port Townsend, WA Federal Lands Highway Division 98368- 2439 UEI No.: PC7MRLYLNGD5 DUNS No.: 179278197 6. Period of Performance 7. Total Amount From Effective date to May 1, 2027 Federal Share: $230,500 Recipient Share: �0 Total Value $230,500 8. Type of Agreement 9. Authority Grant 23 U.S.C. Section 204 10. Procurement Request No. 11. Funds Obligated HFLWCA240017PR $165,000 HFLWCA260006PR $65,500 12. Submit Payment Requests To 13. Payment Office See "Payment" clause in General Terms and Conditions 14. Accounting and Appropriation Data 1517532013020 531.CE.V200.53 1753000000 41012 1517532013020 531.CN.V200.53 1753000000 41012 1517533143092 531.CN.V200.53 1753000000 41012 15. Description of Project Upper Hoh River Road Phase 2, WA JEFF 91420(1) Two Trout Creek Culvert Replacement, WA FLAP JEFFER 134309(2) Agreement No. 6905672440004 Amendment 0001 Page 2 of 13 16. Jefferson County 17. Federal Highway Administration Signature Date Signature Date Greg Brotherton Angy Liljedahl Chair, Board of Commissioners Agreement Officer Approved as to form only: 3/18/2026 Jeremiah Luther Sign to \ Date DPA Agreement No. 6905672440004 Amendment 0001 Page 3 of 13 TABLE OF CONTENTS _SECTION TITLE PAGE A PROGRAM DESCRIPTION 4 B FEDERAL AWARD INFORMATION 10 C FEDERAL AWARD ADMINISTRATION INFORMATION 11 Agreement No. 6905672440004 Amendment 0001 Page 4 of 13 SECTION A - PROGRAM DESCRIPTION 1. STATEMENT OF PURPOSE The purpose of this agreement is to complete the following: 1) Transfer ownership of all Regulatory permits to Jefferson County for post- construction obligations 2) Complete 3-years of maintenance and monitoring requirements under the following Permits: • US Amy Corps of Engineers Permit NWS-2015-229 • Washington Department of Fish and Wildlife HPA 2018-6-192+02 • Washington Department of Ecology Water Quality Certification Order 15772 • Washington Department of Natural Resources Aquatic Lands Lease 51- 096399 3) Support development of compensatory mitigation project (Two Trout Creek) per US Amy Corps of Engineers Permit NWS-2015-229. 2. LEGISLATIVE AUTHORITY 23 U.S.C. Section 204. 3. PROJECT BACKGROUND AND SCOPE The Upper Hoh River Road (UHRR) Phase 2 project developed and implemented cost-effective, long-term bank stabilization solutions along segments of UHRR in western Jefferson County, Washington. UHRR serves as the only access for residents, businesses, Olympic National Park (ONP) and the Hoh Rainforest Visitor Center from US 101. The purpose of the improvements is to provide safe and consistent access to residents, businesses, and Olympic National Park (ONP)visitors via UHRR. The project includes construction activities at five locations along Upper Hoh River Road. The banks of the Hoh River were stabilized between milepost (MP) 3.6 and 3.8, at MP 4.0 to 4.4, and MP 7.5. In addition, the Tower Creek Bridge at MP 7.3 was replaced, the Canyon Creek culvert at MP 10.5 was replaced with a bridge and a failing culvert at MP 4.38 was replaced with an aquatic organism passage (AOP) box culvert. These replacements stabilize adjacent riverbanks, reduce potential for flooding and road damage, and improve fish habitat. Bank stabilization along UHRR consists of Engineered Log Jams (ELJs) that are composed of large logs, woody brush, riprap, and concrete Dolosse. Regulatory permits obtained to facilitate the construction of the UHRR Phase 2 project conditioned long-term maintenance and monitoring obligations, upwards of fifteen (15) years post-construction and Compensatory Mitigation. Construction was Agreement No. 6905672440004 Amendment 0001 Page 5 of 13 completed in 2023 and the (15) years post-construction obligations are scheduled to begin in 2024. FHWA is still under permit for Clean Water Act Section 404/401, Washington Hydraulic Project Approval and Washington Department of Natural Resources Aquatic Lands Lease. This agreement provides funding to transfer the permits to Jefferson County and support project requirements conditioned by regulatory permits for 3 years and Compensatory Mitigation. Jefferson County will then be required to maintain the permits for the remaining lifespan and perform all obligations associated with the Permits. 4. STATEMENT OF WORK This agreement provides funding for work including: project management, planting (plant material, transporting, labor and equipment), vegetation maintenance and monitoring, Engineered Log Jam (ELJ) maintenance and performance monitoring and reporting and signage. The work must be completed in accordance with permits and in cooperation with local landowners and County laws and regulations. A. Environmental Compliance 1. Transfer Permits Coordinate with FHWA and Regulatory Agencies to transfer permits to Jefferson County, Washington. 2. Tree Planting Install trees according to the Table 1 and per the Plans as shown in Attachment A: Table 1:Upper Hoh River Road Planting UPPER HOH RIVER ROAD PLANTING TABLE RIPARIAN TREE AND SHRUB PLANTING DENSITIES Site Common Name Scientific Name Plant Quantity Size Canyon Creek Pacific Willow Salix lucida Live Stake 50 Scouler's Willow Salix scouleriana Live Stake 50 Black Cottonwood Populus balsamifera Live Stake 25 Big Leaf Maple Acer macrophy/lum 2-gallon 25 Western Hemlock Tsuga heterophylla 2-gallon 20 Sitka Spruce Picea sitchensis 2-gallon 20 Tower Creek Pacific Willow Salix lucida Live Stake 50 Scouler's Willow Salix scouleriana Live Stake 50 Black Cottonwood Populus balsamifera Live Stake 25 Agreement No. 6905672440004 Amendment 0001 Page 6 of 13 Site Common Name Scientific Name Plant Quantity Size Big Leaf Maple Acer macrophyllum 2-gallon 25 Western Hemlock Tsuga heterophylla 2-gallon 20 Sitka Spruce Picea sitchensis 2-gallon 20 Box Culvert MP 4.4 Pacific Willow Salix lucida Live Stake 25 Red Alder Alnus rubra 2-gallon 10 ELJs MP 3.5-4.4 Western Hemlock Tsuga heterophylla 2-gallon 50 Sitka Spruce Picea sitchensis 2-gallon 50 Red Alder Alnus rubra 2-gallon 50 Big Leaf Maple Acer macrophyllum 2-gallon 50 3. Vegetation Maintenance and Monitoring 3.1. Provide Vegetation Maintenance and Monitoring of Compensatory Wetland Mitigation Site at MP 3.5 and Engineered Log Jams at MP 3.6 to 3.8, 4.0 to 4.4, and MP 7.5; and Canyon Creek Bridge, Tower Creek Bridge and AOP culvert at MP 4.38. 3.2. Maintenance and monitoring to be conducted in accordance with Attachment B; "Operations and Maintenance Plan: Upper Hoh River Road Bank Stabilization and Culvert Replacement Project' (February 2024). 3.3. Provide annual maintenance for three (3) years. Year 1 is calendar year 2024. Maintenance consists of noxious weed control, and may include mulching, fertilizing, supplemental watering, browse control, maintaining access, correcting erosion or sedimentation problems, vandalism repair or litter pickup. 4. Engineered Log Jam (ELJ) Maintenance and Performance Monitoring 4.1 Provide inspection and reporting in years 1 thru 3 in accordance with Performance Standard 4 (damage or movement of ELJ components) from "Attachment B; "Operations and Maintenance Plan: Upper Hoh River Road Bank Stabilization and Culvert Replacement Project" (February 2024). 4.2 Provide inspection and reporting for years 1 thru 3, in accordance with Performance Standard 5 (ELJ Wood Recruitment) from Attachment B; "Operations and Maintenance Plan: Upper Hoh River Road Bank Stabilization and Culvert Replacement Project" (February 2024). Agreement No. 6905672440004 Amendment 0001 Page 7 of 13 4.3 Provide inspection and reporting for years 1 thru 3 in accordance with Performance Standard 7 (Monitoring Streambed Composition) from Attachment B; "Operations and Maintenance Plan: Upper Hoh River Road Bank Stabilization and Culvert Replacement Project' (February 2024). 4.4 Provide inspection and reporting in years 1 thru 3 in accordance with Section 4.4 (Monitor Aquatic Organism Passage at MP 4.38 Culvert) from Attachment B; "Operations and Maintenance Plan: Upper Hoh River Road Bank Stabilization and Culvert Replacement Project' (February 2024). 5. Signage 5.1 Install two (2) navigation hazard warning signs. Post permanent signage at two locations, one location upstream of MP 8.0, one location upstream of MP 4.4 within County right-of-way facing and visible from the Hoh River. Provide pictures of installed signs. 5.2 Fabricate and install one interpretive sign in accordance with Attachment D, located near MP 3.5 within County right-of-way. Provide photographs of the installed sign. 6. Compensatory Mitigation Site Two Trout Creek has been selected as the compensatory mitigation site. The proposed project will develop and implement a cost-effective Aquatic Organism Passage improvement. Specifically, the existing culvert, currently at risk of failure during major flood events, as demonstrated by similar washouts in 2001 and 2025, will be replaced with a more resilient structure. The purpose of the proposed improvements is to prevent future roadway washouts and to ensure safe, reliable access for residents, local businesses, and visitors traveling to Olympic National Park via Oil City Road. 6.1. Vegetation Management • Remove trees according to Attachment C, best management practices, Jefferson County Code, environmental compliance, ROW plans, and agreements. • Obtain landowner permission and coordinate any site-specific restrictions, timing, access or conditions. Agreement No. 6905672440004 Amendment 0001 Page 8 of 13 5. DELIVERABLES Task Reference Delivery Due On or Paragraph Before Date A. POST CONSTRUCTION MEASURES 1. TRANSFER PERMITS 4.A.1 December 20, 2024 2. SUPPLEMENTAL TREE PLANTING 4.A.2 March 1, 2026 3. VEGETATION MAINTENANCE AND MONITORING • Annual vegetation maintenance of wetland mitigation, 4.A.3.1 March 1, 2027 ELJs, Canyon Creek, Tower Creek, AOP culvert sites • Monitoring and reporting years 1 thru 3, of wetland mitigation, ELJs, Canyon Creek, Tower Creek, AOP 4.A.3.2 March 1, 2027 culvert sites 4. MAINTENANCE AND PERFORMANCE MONITORING • Annual inspection of ELJs for damage, movement or 4.A.4.1 March 1, 2027 ELJ failure • Monitoring and reporting years 1 thru 3, ELJ performance (wood recruitment) 4.A.4.2 March 1, 2027 • Monitoring and reporting years 1 thru 3, ELJ 4.A.4.3 March 1, 2027 performance (streambed composition) • Monitoring and reporting years 1 thru 3 Aquatic 4.A.4.4 March 1, 2027 Organism Passage at MP 4.38 Culvert 5. SIGNAGE • Install two (2) navigation hazard warning signs 4.A.5.1 December 20, 2024 • Install one (1) Interpretive sign 4.A.5.2 December 20, 2026 6. COMPENSATORY MITIGATION SITE • Vegetation management 4.A.6.1 March 1, 2026 Note: • The Recipient will submit a progress report with each request for reimbursement indicating dates covered, work that has been completed within the request for reimbursement coverage dates, and anticipated dates of major project milestones (i.e. survey completion, and construction completion). • Submit electronic pdf files of all deliverables to FHWA. Agreement No. 6905672440004 Amendment 0001 Page 9 of 13 6. KEY OFFICIALS Government— FHWA/Federal Lands Highway Division Contact: John Davis, Agreement Officer's Representative (AOR) Voice: (360) 619-7939 Email: john.davis@dot.gov Financial Contact: Genise Dance Voice: (360) 619-7534 Fax: (360) 619-7945 Email: Genise.Dance@dot.gov Recipient- Jefferson County, WA Primary Contact Name: Mark Thurston Address: 623 Sheridan Street City, State, Zip: Port Townsend, WA, 98368-2439 Telephone: (360) 385-9210 Email: mthurston@co.jefferson.wa.us Fax: (360) 385-9234 Secondary Contact Name: Eric Kuzma Address: 623 Sheridan Street City, State, Zip: Port Townsend, WA, 98368-2439 Telephone: (360) 385-9167 Email: ekuzma@co.jefferson.wa.us Fax: (360) 385-9234 Agreement No. 6905672440004 Amendment 0001 Page 10 of 13 SECTION B — FEDERAL AWARD INFORMATION 1. TYPE OF AWARD The planned award type is a Grant. 2. COST SHARING OR MATCHING None 3. PERIOD OF PERFORMANCE The period of performance for this Agreement is in accordance with Block 6 on page one of the Agreement. 4. DEGREE OF FEDERAL INVOLVEMENT The FHWA does not anticipate substantial Federal involvement between it and the Recipient during this project. The anticipated Federal involvement is facilitating permit transfers, communicating project updates, requesting deliverables and progress updates, providing general guidance, and processing invoices. Agreement No. 6905672440004 Amendment 0001 Page 11 of 13 SECTION C - FEDERAL AWARD ADMINISTRATION INFORMATION 1. FEDERAL AWARD NOTICES Only the AO can commit the FHWA. The award document, signed by the AO, is the authorizing document. Only the AO can bind the Federal Government to the expenditure of funds. 2. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS General terms, conditions, and governing regulations that apply to this agreement are available online at: https://www.fhwa.dot.gov/cfo/contractor recip/gtandc generaltermsconditions.cfm The online list dated March 6, 2015 of"GENERAL TERMS AND CONDITIONS FOR ASSISTANCE AWARDS" shall apply to the resulting award. A. INDIRECT COSTS This section is not applicable to this Agreement. B. DATA RIGHTS The Recipient must make available to the FHWA copies of all work developed in performance with this Agreement, including but not limited to software and data. Data rights under this agreement shall be in accordance with 2 CFR 200.315, Intangible property. C. PERSONALLY IDENTIFIABLE INFORMATION (PII) Personally Identifiable Information (PII) as defined at CFR Part 200.79 and 2 CFR 200.82 at will not be requested unless necessary and only with prior written approval of the AO with concurrence from the AOR. D. AVAILABLE FUNDING The cost of the work to be reimbursed by FHWA is Not to Exceed the amount in block 11 of the cover page, unless an amendment to the Agreement is made in writing and agreed to by both parties. E. KEY PERSONNEL This section is not applicable to this Agreement. Agreement No. 6905672440004 Amendment 0001 Page 12 of 13 F. SUBAWARDS AND SUBCONTRACTS APPROVAL The Recipient has been determined to have a procurement system that is approved and accepted by the Government, so are exempt from the requirements of 2 CFR §200.330. G. ORDER OF PRECEDENCE This section is not applicable to this agreement. H. DESIGNATION AS RESEARCH OR NON-RESEARCH AGREEMENT This agreement is designated as: NON-RESEARCH I. CONFERENCE SUPPORT RESTRICTIONS The Recipient must obtain written approval from the AOR prior to incurring any costs for conference support. See the definition of conference as contained in 2 CFR 200.432. Food and beverage costs are not allowable conference expenses for reimbursement under this Agreement. Note: Costs of meals are allowable as a travel per diem expense for individuals on travel status and pursuant to the Travel clause of this Agreement. J. DISPUTES The parties to this Agreement will communicate with one another in good faith and in a timely and cooperative manner when raising issues under this provision. Any dispute, which for the purposes of this provision includes any disagreement or claim, between the FHWA and the Recipient concerning questions of fact or law arising from or in connection with this Agreement and whether or not involving alleged breach of this Agreement, may be raised only under this Disputes provision. Whenever a dispute arises, the parties will attempt to resolve the issues involved by discussion and mutual agreement as soon as practical. In no event will a dispute which arose more than three months prior to the notification made under the following paragraph of this provision constitute the basis for relief under this article unless FHWA waives this requirement. Failing resolution by mutual agreement, the aggrieved party will document the dispute by notifying the other party in writing of the relevant facts, identify unresolved issues and specify the clarification or remedy sought. Within five working days after providing written notice to the other party, the aggrieved party may, in writing, request a decision from the AO. The AO will conduct a review of the matters in dispute and render a decision in writing Agreement No. 6905672440004 Amendment 0001 Page 13 of 13 within thirty calendar days of receipt of such written request. Any decision of the AO is final and binding unless a party will, within thirty calendar days, request further review as provided below. Upon written request to one level above the AO or designee, made within thirty calendar days after the AO's written decision or upon unavailability of a decision within the stated time frame under the preceding paragraph, the dispute will be further reviewed. This review will be conducted by one level above the AO. Following the review, all parties will be notified in writing. Such resolution is not subject to further administrative review and to the extent permitted by law, will be final and binding. Nothing in this Agreement is intended to prevent the parties from pursuing disputes in a United States Federal Court of competent jurisdiction.