HomeMy WebLinkAboutCONSENT Brinnon Community Center parking lot lease JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Shawn Frederick, Central Service Director
DATE: August 3, 2026
RE: WSDOT lease at Brinnon Community Center
STATEMENT OF ISSUE: Increase of WSDOT, Brinnon Community Center lease.
ANALYSIS:. Half of the Brinnon Community Centers parking lot on the east side is owned
by the Washington State Department of Transportation. We were informed this year the lease
will increase from $265.86 to $1,708.80.
FISCAL IMPACT: One thousand seven hundred and eight dollars and eighty cents
$1,708.80. From fund 507.
RECOMMENDATION: Increase lease payment to meet current rate.
REVIEWED BY:
7/3 1'f/a 6
Jos D. Peters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Dept.of Transportation Contract No: CS-26 WSDOT
Contract For: Brinnon Roadside Permit Term: 2026
COUNTY DEPARTMENT: Central Services
Contact Person: David Monroe
Contact Phone: 360-531-0626
Contact email: dmonroe@co.jefferson wa us
AMOUNT: $1,708.90 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $1,708.90 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds _ Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj ✓ Other:WSDOT Lease
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES ClEptabi JCC 3.55.080 AND CHAP ER 42.23 RCW.
CERTIFIED: n
Si e
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: n N/A: n Z 20
Signature ate
STEP 3: RISK MANAGEMENT VIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 7/24/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 7/24/2026.
DPA Luther reviewed and approved on 7/24/2026
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
411
Washington State Roadside Vegetation & Beautification Permit
WI Department of Transportation within
for use on Managed Access Highways
within incorporated cities or towns; no commercial use
Applicant Name and Address. Permit Number:
Jefferson county RVg 62678
Attn. Matthew Court State Route: 305.1 to 306.11
PO Box 1220 101 Milepost:
Port Townsend,WA 98363 Left Right Both
Region: Olympic 0 Maintenance Area: 2
County: Jefferson
Email: Highway Access Control:
mcourt@co.jefferson.wa.us Limited Access—Interstate
Phone Number: Limited Access—Non-Interstate
✓ Managed Access Highway
Location of Roadside Vegetation&Beautification work National Scenic Byway? Yes ✓ No
if not adjacent to address listed above:
306144 US 101 If work is on Interstate right of way, FHWA approval has been obtained?
Brinnon,WA 98320 Yes(included as exhibit) ✓ Not Applicable
If work is on Interstate right of way, NEPA approval has been obtained?
Yes(included as exhibit) ✓ Not Applicable
Pursuant to RCW 47.40.010,the state legislature has declared that the"planting and cultivating of any shrubs,trees, hedges or
other domestic or native ornamental growth,the improvement of roadside facilities and view points, and the correction of unsightly
conditions, upon the right-of-way of any state highway"are state highway purposes. RCW 47.40.020 authorizes the Washington
State Department of Transportation, hereinafter referred to as"WSDOT", to expend Motor Vehicle Funds for the beautification of the
state highway system. In addition, certain other facilities or activities on state highway right of way are valid state highway purposes
under RCW 47.40, such as facilities that treat stormwater originating from the state highway, litter and graffiti removal, prevention of
encampments and other unauthorized uses of the right-of-way, and public educational displays relative to the operation of the state
highway system.
The applicant, hereinafter referred to as the"Permit Holder,"has volunteered to construct and maintain a project on the state highway
right-of-way, at its sole cost and expense,that fulfills one or more state highway purpose, including, but not limited to,those highway
purposes described above. WSDOT has reviewed the proposed project and determined that it is in the best interest of the state
highway system to allow the Permit Holder to construct and maintain the project at the location described above.
This Permit authorizes the Permit Holder to construct and maintain the project(hereinafter the"Work")on the state-owned highway
right of way as more fully described in Exhibit B, subject to the terms, conditions, and provisions set forth below.This Permit does
not authorize the Permit Holder to engage in any of the activities or uses described in Section 1 of the Permit General
The term of this Permit is three(3)years commencing on the date of WSDOT's signature below. This Permit may be renewed by
WSDOT for successive three(3)year periods on the written request of the Permit Holder, provided the Permit Holder is in compliance
with the terms of this Permit.
Exhibit A: Right of Way plan and/or Vicinity Map
Exhibit B: Site Plan and Description of Work Area
Exhibit C:
Exhibit D:
By signing this Permit, the Permit Holder agrees to comply with all of the terms, conditions,and provisions of this Permit and agrees to
be bound by such terms.
Permit Holder Washington State
Department Of Transportation
By: By:
Printed: Matthew Court Printed: Andrew Larson, PE
Title: Title: Development Services Engineer
Date: Date:
Page 1
Roadside Vegetation & Beautification Permit General Provisions
1. PROHIBITED USES AND ACTIVITIES
In addition to the other terms, conditions, and limitations contained in this Permit, the Permit Holder shall not:
A. Use, allow others to use, or promote use of the right-of-way as a public park or gathering place.
B. Conduct, or allow others to conduct, a public gathering or event on the right-of-way without first
obtaining a separate Event Lease.Applications for an Event Lease may be obtained from WSDOT
Real Estate Services.
C. Use, or allow others to use, the right-of-way for any commercial purposes, including, but not limited
to, food service and retail sales.
D. Engage in, or allow others to engage in, the use of the right-of-way for non-highway purposes.
2. INDEMNIFICATION
The Permit Holder, on behalf of itself and its successors, assigns, employees, contractors, and agents,
agrees to protect the State of Washington, its officers, and employees and hold them harmless from any
and all costs, claims, actions,judgments, and/or awards of damages (both to persons and/or property), of
every kind and description, including the recovery of reasonable attorney's fees, which may accrue to or
be suffered by any person, persons, or property by reason of the acts or omissions of the Permit Holder, its
successors, assigns, employees, contractors, and agents, or any person whomsoever in connection with
the Permit Holder's, its successors', assigns', agents', employees', or contractors' construction, installation,
maintenance, operation, use, or occupancy of the state-owned highway right of way or actions performed as
authorized by the terms of this Permit. In case any suit or action is brought against the State of Washington,
its officers, and/or employees, arising out of or by reason of any of the above causes, the Permit Holder or
its successors or assigns will, upon notice of such action, defend the same at its sole cost and expense and
satisfy any judgment against the State of Washington, its officers, and/or employees; PROVIDED that, if the
claims or damages are caused by or result from the concurrent negligence of(a) WSDOT, its officers, and/
or employees, and (b) the Permit Holder or the Permit Holder's successors, assigns, employees, contractors
and/or agents, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid
and enforceable only to the extent of the negligence of the Permit Holder or the Permit Holder's successors,
assigns, employees, contractors and/or agents.
The Permit Holder agrees that its obligations under the indemnity provision of this Permit extend to any claim,
demand, and/or cause of action brought by, or on behalf of, any of its employees or agents while performing
Work of any type on the state-owned highway right of way. For this purpose, the Permit Holder, by MUTUAL
NEGOTIATION, hereby waives with respect to the State of Washington only, any immunity that would
otherwise be available to it against such claims under the Industrial Insurance provisions of chapter 51.12
RCW.
The Permit Holder, on behalf of itself and its successors, assigns, employees, contractors and/or agents,
waives any claims for losses, expenses, damages, or lost revenues, if any, incurred by it and its successors,
assigns, employees, contractors, and/or agents in connection with the Permit Holder's, its successors',
assigns', agents', employees', contractors' and/or agents' construction, installation, maintenance, operation,
use, or occupancy of the state-owned highway right of way or Work performed pursuant to the terms,
conditions and provisions of this Permit against the State of Washington, its agents, contractors, or employees,
except for the reasonable costs of repair to the Work, resulting from WSDOT's, or its agents', contractors', and/
or employees' negligent acts.
The terms of this indemnity and waivers shall survive the termination of this Permit, but shall be limited to only
those claims, demands, and/or causes of action that shall have occurred while this Permit is in effect. Insofar
as any claim, demand, and/or cause of action results from events that are ongoing, any indemnity or waiver
provision shall only apply to those events taking place while this Permit is in effect.
3. INTERFERENCE WITH WSDOT WORK AND/OR OPERATIONS
The Permit Holder shall not perform or allow to be performed any Work authorized under this Permit in such a
way as to conflict with, impede, or disrupt in any way WSDOT highway construction, maintenance, and/or
operations, or interfere with or endanger the safety of the traveling public.
Page 2
4. INSURANCE
The Permit Holder or its contractor(if applicable) shall obtain at its sole cost, and keep in force during the
term of this Permit, for the Work specified in this Permit, the following insurance requirements with companies
licensed to conduct business in the State of Washington and approved by the State Insurance Commissioner
pursuant to chapter 48.05 RCW: The provisions in the Washington State Department of Transportation
(WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction current edition ("Standard
Specifications"), Section 1-07.18 Public Liability and Property Damage Insurance shall apply.
Private Entities
Commercial General Liability Insurance written under Insurance Services Office Form CG0001 or its
equivalent with minimum limits of Three Million and no/100 Dollars ($3,000,000) each occurrence and
Three Million and no/100 Dollars ($3,000,000) in the aggregate for each policy year, with the State
of Washington named as an additional insured in connection with the Permit Holder and the Permit
Holder's contractor's performance of the Work specified in this Permit, and
Commercial Auto Liability Insurance providing bodily injury and property damage liability coverage
for all owned and non-owned vehicles assigned to or used in the performance of the Work for a
combined single limit of not less than One Million and no/100 Dollars ($1,000,000) each occurrence,
with the State of Washington named as an additional insured in connection with the Permit Holder
and the Permit Holder's contractor's performance of the Work specified in this Permit.
Local Governments and Tribes
The Permit Holder warrants that it is self-insured, and agrees to provide acceptable evidence of its
self-insured status to WSDOT. The Permit Holder's insurance policy must provide liability coverage
for the state-owned highway right of way identified in this Permit, including public liability coverage for
bodily injury, property damage, and personal injury of not less than Three Million and no/100 Dollars
($3,000,000) combined single limit per occurrence, with a general aggregate amount of not less than
Three Million and no/100 Dollars ($3,000,000) per policy period. The Permit Holder shall increase the
policy limits at its sole cost, when and if WSDOT deems it necessary due to the Permit Holder's use
of the state-owned highway right of way identified in this Permit.
The Permit Holder assumes all obligations for premium payment, and in the event of nonpayment,
the Permit Holder is obligated to reimburse WSDOT the cost of maintaining the insurance coverage
and any legal fees incurred in enforcing such reimbursement should Permit Holder fail to pay the
policy premiums.
Coverage, if obtained by the Permit Holder in compliance with this section, shall not be deemed as
having relieved the Permit Holder of any liability in excess of such coverage.
In the event the Permit Holder, after commencement of this Permit, elects to terminate its self-insured
status and secure commercial liability coverage, the Permit Holder will promptly notify WSDOT
and provide a certificate of insurance from an insurer licensed to conduct business in the State of
Washington, with the State of Washington named as an additional insured in connection with the
Permit Holder in the amounts and types as set forth within this section. Further, the Permit Holder
shall provide a certificate of insurance within ten (10) calendar days of receiving a written notice from
WSDOT for an increase in the coverage amounts.
Prior to accessing the state-owned highway right of way for any reason, the Permit Holder shall file with
WSDOTACORD Form Certificates of Insurance evidencing the minimum insurance required above.All
Certificates of Insurance shall include a requirement providing for a minimum of forty-five (45) calendar days
prior to written notice to WSDOT of any reduction or cancellation of coverage.
Page 3
5. DAMAGE TO STATE-OWNED HIGHWAY RIGHT OF WAY OR STATE-OWNED PROPERTY
All Work on state-owned highway right of way is subject to ongoing monitoring and inspection by WSDOT
solely for the benefit of WSDOT and not for the Permit Holder or any third party. The Permit Holder shall
not damage or allow to be damaged the state-owned highway right of way, state-owned property, and/or
facilities constructed on, above, or under such lands in any way, and agrees to be directly responsible for all
repairs and/or replacement costs for all such damages. The insurance requirements set forth in Section 4
shall not limit the Permit Holder's obligations for the repair and/or replacement costs for damages to state-
owned highway right of way, state-owned property, and/or facilities constructed on, above, or under such
lands. Should the Permit Holder fail to adequately repair any damages as directed by WSDOT to WSDOT's
sole satisfaction, WSDOT may, by itself or by use of its contractor, repair the damages at the Permit Holder's
expense. The Permit Holder agrees to reimburse WSDOT for such costs pursuant to Section 32.
6. SCHEDULE OF WORK SUBMITTAL
The Permit Holder shall prepare and submit a written schedule of the Work for WSDOT's prior approval. The
schedule of Work submittal shall include the Work required for ongoing maintenance, if applicable. The Permit
Holder shall adhere to the approved schedule and perform the Work in such a manner so as not to conflict
with, impede, or disrupt in any way WSDOT highway construction, maintenance, and/or operations, or interfere
with or endanger the safety of the traveling public, except as specifically authorized by WSDOT.
7. PRE-WORK INITIAL CONFERENCE
Prior to beginning Work, a pre-Work conference shall be held at which WSDOT, the Permit Holder, the Permit
Holder's contractor, if applicable, and the Permit Holder's inspector, if applicable, shall be present.
8. WSDOT NOTIFICATION
The Permit Holder shall notify WSDOT's representative five (5) working days in advance of any scheduled
Work within the state-owned highway right of way. This includes but is not limited to: the pre-Work conference;
the beginning of any Work; the implementation of any traffic control plan that closes or restricts a sidewalk,
pathway, trail, highway shoulder, or traveled lane of the state highway; submittal of a new or revised traffic
control plan; any extension of allowed working hours or days; and the final inspection upon completion of
the Work. Maintenance activities notification, if approved by WSDOT, may be in the form of a pre-approved
schedule of Work; such schedule shall be attached to this Permit as an exhibit.
Working days, for the purposes of WSDOT notification of any Work or other activity as authorized by this
Permit, are the weekdays Monday through Friday, excluding legal holidays.
9. WORKING HOURS
Work within the state-owned highway right of way shall be restricted to the hours of 8 a.m. to 5 p.m. unless
otherwise noted in the Exhibits, and no Work shall be allowed on the state-owned highway right of way on
Saturday, Sunday, or holidays as defined by RCW 1.16.050, or the day before and after a holiday or a holiday
weekend, unless authorized by WSDOT. See the applicable exhibits for variances to the working days and
hours and other pertinent information, if any.
10. PERMIT ON SITE
During construction activities as part of authorized Work, a copy of this Permit must be on the Work site and
protected from the elements at all times.
11. OBTAINING OTHER LOCAL, STATE, OR FEDERAL AGENCY PERMITS OR APPROVALS
It is the Permit Holder's responsibility to obtain any other local, state, or federal agency permits or approvals
that may be required, including, but not limited to, Washington State Department of Ecology, Washington
State Department of Fish and Wildlife, and the U.S. Army Corps of Engineers. Copies of such permits shall be
provided to WSDOT.
12. PERMIT TERMINATION DUE TO UNTIMELY COMPLETION
If the Work cannot be completed in a timely manner, WSDOT, in its sole discretion, may terminate this Permit.
The Permit Holder agrees that it shall have no right to appeal such termination or that it specifically waives any
right it might have to appeal the Permit termination.
Page 4
13. PERMIT HOLDER'S RESPONSIBILITY FOR SUPERVISION OF WORK
The Permit Holder, at its own expense, shall adequately police and supervise all Work, including but not
limited to its contractor, subcontractor, agent, and others, performed on the state-owned highway right of way,
so as not to endanger or injure any person or property. The Permit Holder's responsibility for proper Work
performance, safe conduct, and adequate policing and supervision shall not be lessened or otherwise affected
by WSDOT's Permit issuance or Work inspection, all of which shall be performed solely for the benefit of
the State of Washington and no other person or entity. The Permit Holder shall be present during any active
construction or maintenance Work authorized by this Permit. Should the Permit Holder not be present during
the Work authorized by this permit, the Permit Holder shall designate a representative that has either the legal
authority to represent the Permit Holder or the designated authority to make decisions on behalf of the Permit
Holder with respect to the work authorized by this Permit. Failure to comply with this provision may result in
WSDOT restricting any further Work by the Permit Holder within the state-owned highway right of way until this
requirement is met.
14. MATERIALS AND WORKMANSHIP
All Work shall be done to WSDOT's sole satisfaction at the Permit Holder's expense. This Permit authorizes
the Permit Holder to modify the physical condition of selected vegetative material located on the state-owned
highway right of way. All material and workmanship shall conform to the Washington State Department
of Transportation Standard Specifications for Road, Bridge, and Municipal Construction; Standard Plans;
Roadside Policy Manual; and Design Manual, current editions where applicable, and shall be subject to
WSDOT inspection. WSDOT shall notify the Permit Holder in writing of unsatisfactory Work. Unsatisfactory
Work shall be corrected by the Permit Holder at its sole expense and within the time frame specified by
WSDOT. Any unsatisfactory Work not corrected as required by WSDOT may be corrected by WSDOT, at
the Permit Holder's expense. The Permit Holder agrees to reimburse WSDOT for such costs pursuant to
Section 32.
The WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (M 41-10) may be
accessed at: http://www.wsdot.wa.gov/Publications/Manuals/M41-10.htm
The WSDOT Standard Plans may be accessed at:
https://wsdot.wa.gov/engineering-standards/all-manuals-and-standards/standard-plans
The WSDOT Roadside Policy Manual (M 3110) may be accessed at:
http://www.wsdot.wa.gov/Publications/Manuals/M3110.htm
The WSDOT Design Manual (M 22-01) may be accessed at:
http://www.wsdot.wa.gov/Publications/Manuals/M22-01.htm
15. VEGETATION AND VEGETATION MAINTENANCE
The Permit Holder shall, at its expense, maintain existing vegetation and vegetation planted within the right-
of-way as part of the Work and replace all destroyed, dead, or diseased vegetation as required by WSDOT
Roadside Policy Manual and the terms of this Permit to the satisfaction of WSDOT. Should the Permit Holder
fail to maintain or replace the vegetation as required, WSDOT may, by itself or by use of its contractor, maintain
or replace the vegetation at the Permit Holder's expense. The Permit Holder agrees to reimburse WSDOT for
such costs pursuant to Section 32.
The Permit Holder shall not cut, spray, retard, remove, damage, destroy, disfigure or in any way modify
the physical condition of any vegetative material located on the state-owned highway right of way
unless specifically authorized by this Permit or by WSDOT in writing. It is WSDOT and Federal Highway
Administration (FHWA) policy to remove vegetation only for highway purposes. The Permit Holder shall contact
WSDOT to obtain written approval prior to any modification to any vegetative material located on the state-
owned highway right of way. This includes any modification(s) to an earthen embankment. The indiscriminate
cutting of timber or disfiguring of any highway feature or facility is not allowed.
Page 5
Native vegetation and pollinator species shall be preserved wherever possible. The Permit Holder shall select
native, pollinator-supportive, climate adapted, and hydrologically appropriate vegetation for plant establishment
wherever possible. Draft and final landscape plans will be reviewed and approved by WSDOT's region or
headquarters Landscape Architect. WSDOT's region or headquarters Landscape Architect shall be consulted
to determine if pruning is necessary. For structural pruning, the services of an International Society of
Arboriculture (ISA) certified arborist may be required.
Should the Permit Holder damage or destroy any existing vegetation within the right-of-way, the Permit Holder
shall replace the vegetation as WSDOT requires pursuant to the WSDOT Roadside Policy Manual. If the
Permit Holder fails to replace the vegetation as directed by WSDOT, the Permit Holder shall be subject to the
payment of treble damages in accordance with RCW 4.24.630, and the provisions of Standard Specifications
Section 1-07.16(2).
Any materials including, but not limited to, fertilizers, soil amendments, erosion control products, irrigation
components, or chemical pesticides used on WSDOT ROW must conform to the WSDOT Standard
Specifications and QPL (Qualified Products List).
The WSDOT Qualified Products List (QPL) may be accessed at: http://www.wsdot.wa.gov/biz/mats/QPL/QPL_
Search.cfm
16. UTILITY IMPACTS
The Permit Holder shall not impact existing utility facilities located on, over, or under the state-owned highway
right of way. It is the Permit Holder's responsibility to contact the One-Call Center pursuant to chapter 19.122
ROW. CALL BEFORE YOU DIG: Utility Notification Center, 811 or 1-800-424-5555, as modified.Any
locations or dimensions provided for existing utility facilities on exhibit plan sheets provided by WSDOT are in
accordance with available information obtained without uncovering, measuring, or other verification.
The Permit Holder agrees that it is its sole responsibility to take care and caution when excavating near utility
facilities. The Permit Holder agrees that it is its sole responsibility to understand and maintain utility standards
for separation (setbacks) from a utility's facility.
The Permit Holder shall take into consideration the growth pattern of any shrubs or trees, so that the plantings
will not impact nearby utility facilities. If future growth impacts a utility facility, the Permit Holder will be solely
responsible for any repair or replacement due to damage caused by its Work, including the landscape
plantings. The Permit Holder shall not place plantings in proximity to a utility facility as to impede the utility's
ability to access and maintain its facility. Contact WSDOT's regional Landscape Architect for assistance, if
needed, to determine plant growth characteristics.
At such time that any Work by the Permit Holder exposes or unexpectedly impacts a utility's buried facility; the
Permit Holder shall immediately contact the utility owner and WSDOT. The Permit Holder shall allow the utility
time and access for inspection of the exposed utility facility for any damage, prior to any backfilling in that area.
Any time gas lines are identified/marked in the area, it is the Permit Holder's responsibility to contact the owner
of the gas lines to determine if the owner's representative must be on site during the Work.
17. SURVEY MONUMENTS
The Permit Holder shall not disturb, remove, or destroy any existing survey monument before first obtaining a
Washington State Department of Natural Resources (DNR) permit. The Permit Holder further agrees that all
WSDOT control and alignment monuments may not be disturbed, removed, or destroyed unless specifically
authorized by this Permit or pursuant to WSDOT's prior written approval. Any reset survey monument shall
be set by or under the direct supervision of a Professional Land Surveyor who has active current professional
license with the State of Washington.
Page 6
18. EROSION AND SEDIMENTATION CONTROL
The Permit Holder shall comply with the WSDOT Temporary Erosion and Sediment Control Manual(TESCM),
current edition, and implement best management practices (BMPs) to reduce erosion, trap sediment, and
ensure sediment-laden water does not leave the Work site. The TESCM establishes minimum requirements
and provides uniform technical guidance for avoiding, minimizing, and/or mitigating potential water resource
impacts. All water discharges to and/or from the State highway right of way due to the Work activities
authorized by this Permit shall conform to all applicable Federal, State, and local water quality regulations
The WSDOT Temporary Erosion and Sediment Control Manual (M 3109) may be accessed at:
http://www.wsdot.wa.gov/publications/manuals/fulltext/M3109/TESCM.pdf
19. TRACKING OF MATERIAL
The Permit Holder shall comply with RCW 46.61.655 and shall not track material onto highway
pavement, and the Permit Holder or the Permit Holder's contractor shall immediately clean up the
highway pavement. If the Permit Holder does not comply with RCW 46.61.655 and fails to clean the
highway pavement, WSDOT may, by itself or by use of its contractor, perform the necessary Work at
the Permit Holder's expense. The Permit Holder agrees to reimburse WSDOT for such costs pursuant
to Section 32.
20. STORMWATER AND DRAINAGE MAINTENANCE
The Permit Holder shall not modify the highway drainage in any manner unless approved by WSDOT and
described in this permit and needed for adding stormwater treatment or flow control BMPs with a preference
on Green Stormwater Infrastructure or Low Impact Development treatment options. The Permit Holder further
agrees that it shall not direct surface water from private property onto the state-owned highway right of way.
All manholes, drainage features, biofiltration swales, media filter drains, filter strips, utility fixtures, and like
appurtenances shall be located, marked, protected, and maintained by the Permit Holder as directed by
WSDOT. All slopes, slope treatment, topsoil, ditches, pipes, etc., disturbed by the Permit Holder's Work shall
be restored to their original cross section, efficiency, and condition as directed by WSDOT. All such items
shall be corrected or repaired to WSDOT's sole satisfaction at the Permit Holder's sole expense. Should the
Permit Holder fail to adequately correct or repair any damages as outlined in this section to WSDOT's sole
satisfaction, WSDOT may, by itself or by use of its contractor, correct or repair the damages at the Permit
Holder's expense. The Permit Holder agrees to reimburse WSDOT for such costs pursuant to Section 32.
If the Work includes installation of a stormwater BMP that requires periodic removal of contaminated soil,
Permit Holder's Site Development Work Plan shall provide for disposal of the contaminated soil in a manner
approved by WSDOT.
21. MAINTENANCE OF THE WORK
The Permit Holder shall, at its expense, maintain, repair, and replace the Work to the satisfaction of WSDOT.
Should the Permit Holder fail to maintain, repair, and replace the Work as required by WSDOT, WSDOT may,
by itself or by use of its contractor, maintain, repair, and replace the Work at the Permit Holder's expense. The
Permit Holder agrees to reimburse WSDOT for such costs pursuant to Section 32.
The Permit Holder acknowledges any Work installed on state-owned highway right of way will become the
property of the State of Washington, and WSDOT shall have no responsibility or liability for the ongoing
maintenance, repair, or replacement of any of the Work, unless WSDOT specifically otherwise agrees in the
Permit. The Permit Holder also acknowledges WSDOT may remove, or require the removal of, any Work
installed on state-owned highway right of way if WSDOT deems that it is not in the best interests of the State of
Washington for the Work to remain on the state-owned highway right of way.
22. FIRE PREVENTION
The Permit Holder shall observe and follow all laws and rules on fire prevention and suppression. The
Permit Holder shall follow the requirements of the Standard Specifications for Road, Bridge, and Municipal
Construction 1-07.3(1) when the work is in, or next to State or Federal forests.
Page 7
23. PERMANENT SIGNS OR IRRIGATION
The Permit Holder may be required to obtain additional approval for any signs or permanent irrigation systems.
The Permit Holder shall be responsible for water and electrical costs.
24. TRAFFIC CONTROL
The Permit Holder shall not implement any traffic control plans (TCP) on state-owned highway right of way
without WSDOT's prior written approval. It is the Permit Holder's responsibility to plan, conduct, and safely
perform the Work authorized by this Permit. Should additional TCPs be needed for the construction and/or
maintenance of the Work authorized by this Permit, the Permit Holder shall submit Work-specific traffic control
plans to WSDOT for review and written approval before implementation.
A wide range of pedestrians might be affected by traffic control zones, including the young, elderly, and people
with disabilities such as hearing, visual, or mobility. Bicyclists may also be impacted. The Permit Holder shall
implement all reasonable means of traffic control necessary to adequately accommodate these needs if they
can be reasonably expected to be encountered during the Work authorized by this Permit.
All traffic control plans shall be in compliance with the current editions of the WSDOT Work Zone Traffic Control
Guidelines and Federal Highway Administration-approved Manual on Uniform Traffic Control Devices (MUTCD)
for Streets and Highways.
The WSDOT Work Zone Traffic Control Guidelines (M54-44) may be accessed at:
http://www.wsdot.wa.gov/Publications/Manuals/M54-44.htm
The MUTCD, including modifications for Washington State, may be accessed at:
http://www.wsdot.wa.gov/Operations[Traffic/mutcd.htm
25. CHANGES TO TRAFFIC CONTROL PLANS
WSDOT reserves the right to immediately modify, suspend, or revoke any traffic control plan or Work
authorized under this Permit, including but not limited to lane closures and shoulder closures due to
unexpected conditions or other circumstances which WSDOT determines is in the best interests of the state
and/or safety of the traveling public. All costs associated with a modification, suspension, or revocation shall
be borne solely by the Permit Holder. WSDOT shall in no way be held liable for any delays, costs, or other
damages to the Permit Holder by reason of any such WSDOT action.
26. SIGNS AND BILLBOARDS
Except as specifically authorized by this Permit, no signs or billboards shall be erected on the state-owned
highway right of way. The Permit Holder shall comply with the Scenic Vistas Act of 1971, chapter 47.42 RCW
and Chapter 468-66 WAC.
27. HAZARDOUS MATERIALS
If anything is discovered that is suspected to be hazardous, the Permit Holder shall immediately take
appropriate precautions and contact WSDOT to report the location and description of the material(s)/
substance(s) to WSDOT's representative for proper disposal.
All fueling and maintenance of equipment shall occur off of the state-owned highway right of way and
at locations greater than 300 feet from the nearest wetland, ditch, or other conveyance of waters of
the State of Washington.
The Permit Holder agrees that a Department of Ecology-approved hydro-carbon spill kit shall be
readily available during all Work operations.
The Washington State Department of Ecology Spills page, may be accessed at:
http://www.ecy.wa.gov/programs/spills/spills.html
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28. REMOVAL OF ALL RUBBISH AND DEBRIS
On completion of Work, or each Work event, the Permit Holder shall immediately remove all rubbish and
debris. The Permit Holder shall leave the state-owned highway right of way in a neat and presentable condition
subject to WSDOT's sole satisfaction. Should the Permit Holder fail to perform the necessary cleanup Work
to WSDOT's sole satisfaction, WSDOT may, by itself or by use of its contractor, remove all rubbish and debris
at the Permit Holder's expense. The Permit Holder agrees to reimburse WSDOT for such costs pursuant to
Section 32.
29. SUSPENSION, REVOCATION,AMENDMENT, OR CANCELLATION OF THIS PERMIT
WSDOT may, in its sole discretion, suspend, revoke, amend, or cancel this Permit, due to damage to the
state-owned highway right of way, or any state highway facilities located on, above or under the land, or for
any reason whatsoever, including, but not limited to, violations of the terms of this Permit, for transportation
purposes, for highway construction, operations and maintenance requirements, and for the safety of the
traveling public, without incurring any liability to the Permit Holder, its successors, assigns, agents, contractors,
employees, and/or any other person whomsoever, upon written notice to the Permit Holder.
30. RESTORATION OF RIGHT-OF-WAY
In the event that this Permit expires or is terminated for any reason, the Permit Holder shall, at Permit Holder's
sole cost and expense, remove all Work performed under this Permit from the state-owned highway right of
way as directed by WSDOT within thirty (30) calendar days after the date of WSDOT's written notice of the
expiration, termination, suspension, revocation, amendment, or cancellation of this Permit. Should the Permit
Holder fail to remove Work as required by WSDOT, it shall be in default of the terms of this Permit. WSDOT
may, but is not required to, remove the Work, and the Permit Holder agrees that it shall pay WSDOT's costs, if
any, of performing such removal of Work pursuant to Section 32.
31. FAILURE TO COMPLY
In the event the Permit Holder damages the State highway right of way or State property as described in
Section 5; performs unsatisfactory Work as described in Section 14; does not comply with RCW 46.61.655 and
fails to clean the highway as required by Sections 19 and 28; fails to adequately restore, repair or correct any
damages as required in Sections 20 and 21; or fails to remove rubbish and debris as required by Section 28,
or fails to restore the right of way upon the expiration or termination of the Permit as required by Section 30,
WSDOT reserves the right to perform the necessary Work to the extent necessary for the safe operation and
maintenance of the State highway right of way or State property.
WSDOT will notify the Permit Holder in writing of any of the above deficiencies. If the Permit Holder cannot
correct the noted deficiency in the time provide by WSDOT's notice, the Permit Holder shall make a written
request for WSDOT approval of a time extension in which to remedy the noted deficiency.
Should the Permit Holder fail to comply with the requirements set forth above to WSDOT's satisfaction,
WSDOT may, by itself or by use of its contractor, remove all rubbish and debris at the Permit Holder's expense.
The Permit Holder agrees to reimburse WSDOT for such costs pursuant to Section 32.
32. COSTS FOR CORRECTIVE WORK FOR FAILURE TO COMPLY
WSDOT may perform restoration, repair, maintenance, or restoration work should the Permit Holder fail to
perform according to the terms, conditions, and provisions of this Permit. Should WSDOT deem it necessary to
perform such work, WSDOT may use its forces or a contractor. WSDOT shall provide a detailed invoice to the
Permit Holder for the actual direct and related indirect costs associated with the work performed. The Permit
Holder agrees to and shall make payment to WSDOT within thirty (30) calendar days of invoice date. If the
Permit Holder objects to all or any portion of an invoice, it shall immediately notify WSDOT within twenty (20)
calendar days from the date of invoice and shall pay that portion of the invoice not in dispute. WSDOT and the
Permit Holder shall immediately make every effort to settle the disputed portion.
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33. CULTURAL RESOURCES
Prior to the Permit Holder performing Work in previously undisturbed areas, the area shall be reviewed for any
potential cultural impacts. Further, if the Permit Holder discovers any archaeological or historical resources
while performing the Work, the Permit Holder shall immediately stop Work and notify WSDOT's representative
and retain a United States Government Secretary of the Interior's qualified archaeologist. Said archaeologist
shall evaluate the site and make recommendations to WSDOT regarding the continuance of the Work.
34. AMERICANS WITH DISABILITIES ACT
This Permit is subject to all applicable provisions of the Americans with Disabilities Act of 1990 (ADA), 104
Stat. 327, 42 U.S.C. § 12101 et seq., as amended. The Permit Holder agrees that all Work performed shall
comply with all applicable ADA requirements.
35. ASSIGNMENT OF PERMIT
This Permit is not assignable or transferable, either in whole or in part, without the written consent of WSDOT.
36. OTHER PERMITS, FRANCHISE RIGHTS,AND AGREEMENTS
This Permit shall not be deemed or held to be non-exclusive and shall not prohibit WSDOT, in its sole
discretion, from granting other permits or franchise rights of like or other nature to public or private entities or
individuals for the use of the state-owned highway right of way, nor shall it prevent WSDOT from using any of
its state-owned highway right of way or property, or affect WSDOT's right to full supervision and control over all
or any part its property, none of which is hereby surrendered.
37. IRRIGATION SYSTEM
If an irrigation system is part of the Work, it is the sole responsibility of the Permit Holder, including but not
limited to the maintenance and operations of the irrigation system, attachment to the Permit Holder's water
supply and any issues related to the failure of the system. No water spray or run-off from the irrigation is
allowed on the shoulder or traveled way. If there is a failure in the irrigation system that erodes, floods or in
any way impacts the WSDOT right of way, including the roadway, it is at the sole expense of the Permit Holder
to repair all damages. The irrigation system is allowed to remain on the WSDOT property during the plant
establishment phase. The plant establishment phase is three years (3), unless extended by WSDOT in writing.
After the plant establishment phase is completed, the Permit Holder must remove the irrigation system from
the WSDOT property. Should the Permit Holder fail to perform the necessary repairs or removal of the irrigation
system to WSDOT's sole satisfaction, WSDOT may, by itself or by use of its contractor, perform all work
necessary to fix all damages to WSDOT's property and/or remove the irrigation system at the Permit Holder's
expense. The Permit Holder agrees to reimburse WSDOT for such costs pursuant to Section 31.
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Roadside Vegetation & Beautification Permit Special Provisions
Note: No changes may be made to this permit without review lloy the Office of the Attorney General
Additional provisions selected by WSDOT are indicated with
1. Access to the Work site shall be from the highway shoulder. Vehicle parking and traffic control
shall be in accordance with WSDOT approved traffic control plans.
I I 2. A limited access break is required. The Permit Holder is responsible for contacting WSDOT for
such break.
3. Access point(s) shall be gated and locked when not in use. Access points and configurations
shall be subject to WSDOT's and, if applicable, the Federal Highway Administration's, prior approval.
I 4. WSDOT requires that access to the Work area be accomplished only from the Permit Holder's
property if not from City or County Street, with permission.
I I 5. No more than vehicle(s) will be allowed on the highway right of way at any time.
6. No motorized equipment shall be operated or staged on the highway right of way during the
Work. This provision does not apply to hand-operated tools.
7. WSDOT has determined that a mutual benefit exists for removal of certain vegetation. The
vegetation is described as the Work on page 1. If appropriate, WSDOT may assist in traffic control
operations for removal of this vegetation, provided the Permit Holder gives WSDOT five (5) working
days advance notice before the date the Work is to be performed.
8. The Permit Holder is responsible for control of all noxious weed species pursuant to chapter
17.15 RCW.
9. Stumps of trees removed shall be flush cut with the ground. All cut vegetation shall be disposed
of by the Permit Holder.
1I 10. Branches that have been removed shall be chipped and dispersed within the highway right of
way at suitable locations as WSDOT directs.
11. Debris shall be removed from the highway right of way and legally disposed of by the Permit
Holder.
12 Mowing hei ht shall be set at inches from ground surface. Mowing shall
be performed per month during the months of I through
eac year.
13. Application of any type(s) of pesticides to the highway right of way is prohibited.
I I 14. Application of herbicides to the highway right of way is authorized. Applications shall comply
with WSDOT's reviewed vegetation plan. Applicator shall be licensed by the State of Washington for
the type of herbicide and application methods used. Herbicide applications shall be recorded in a
format that is approved by WSDOT, and copies of the records of each application shall be submitted
to WSDOT after each application.
15. Limited Waiver of Tribal Sovereignty: The Permit Holder agrees to waive its sovereign immunity
from suit for the limited purpose of permitting WSDOT to enforce the terms of this Permit. This limited
waiver of sovereign immunity is solely for the benefit of WSDOT. This limited waiver of sovereign
immunity shall not be for, nor shall it be construed as for, the benefit of any other person or entity,
and the Permit Holder does not waive its sovereign immunity with respect to any action brought by,
or on behalf of, any other entity or person. Jurisdiction over any dispute involving this Permit shall be
in the state courts of the State of Washington. (Use when a Tribe is involved.)
Page 11
16. Bond coverage is required to ensure the Permit Holder's proper and timely completion of the
Work or to cover the cost of WSDOT's restoration of slopes, slope treatment, topsoil, landscape
treatment, drainage facilities, and cleanup of the highway right of way or the restoration, repair, or
correction of Work performed by the Permit Holder to ensure a safe operable and maintainable
highway right of way should the Permit Holder fail to perform the Work per the terms, conditions, and
provisions of this Permit. Bond coverage shall cover WSDOT's cost in accordance with Section 32,
"Costs for Corrective Work for Failure to Comply." The Permit Holder shall furnish a Surety Bond,
Assignment of Escrow, Certificate of Deposit, Irrevocable Letter of Credit, Check or Money Order to
WSDOT in the amount listed herein. If a bond is provided, it shall be written by a surety company
authorized to do business in the State of Washington. The surety bond or amount shall be held at
WSDOT and shall remain in force until all Work under this Permit has (1) received final WSDOT
concurrence, if required, and (2) all WSDOT costs, including those costs incurred under Section 30,
if any, have been paid by the Permit Holder; thereafter, WSDOT will issue a written release of the
surety bond or amount. The surety amount shall be:
17. As-Built Plan. Permit Holder shall submit an as-built plan within sixty (60) calendar days
of substantial completion of site improvements if the site improvements include hardscape and
stormwater BMPs.
Page 12
DATED this _day of , 20
JEFFERSON COUNTY WASHINGTON CONTRACTOR
Board of County Commissioners
Jefferson County, Washington
By: By:
Greg Brotherton,Chair Signature
Name:
By: Title:
Heidi Eisenhour, Commissioner
Date:
By:
Heather Dudley-Nollette, Commissioner
SEAL:
ATTEST:
Carolyn Galloway, CMC Date
Clerk of the Board
Approved as to form only:
Oa' 07-24-2026
Jerem 1 B. uther Date
Civil Deputy Prosecuting Attorney
Professional Services Agreement, JCPH, Version 2, PAO Approved 4/16/2020 Page 12o112