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O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders
Public Works Pfrector / County Engineer
Agenda Date: November 25, 2013
Subject: WSDOT JC Agreement for South Discovery Bay,
Olympic Discovery Trail Project
Statement of Issue:
Authorization of the 'JC' Agreement with the Washington State Department of Transportation
( WSDOT) enables the creation of a reimbursement account within WSDOT to which they bill
their South Discovery Bay, OlympicDiscovery Trail (ODT) related review time /fees.
Analysis /Strategic Goals /Pro's & Con's:
This portion of the ODT is restricted to a narrow corridor between the S. Discovery Bay
shoreline and Hwy. 101. The design @ construction of this portion is being considered now in
order to take advantage of the potentially significant environmental and financial benefit
gained from occurring concurrently with the estuary restoration, including the RR trestle
removal and waterline replacement, currently in process through the North Olympic Salmon
Coalition (NOSC) and partners. Also, to preserve the viability of the ODT active transportation
corridor that is envisioned to stretch from Port Townsend to the Pacific Ocean.
Fiscal Impact /Cost Benefit Analysis:
Public Works was awarded a grant from the Recreation Et Conservation Office (RCO) Non -
highway Et Off -Road Vehicle Activities (NOVA) program for this planning and pre - design project.
The total grant amount is $111,250 which consists of $100,000 in RCO funds and $11,250 in
matching local funds.
Recommendation:
Authorize the Chair to sign three (3) originals of the Local Agency Agreement and
return the three (3) signed originals to Public Works for further processing.
Department Contact:
Eric Kuzma, Project Manager (360) 385 -9167
ReVi wed B ?
Philip-MciTf ,County Administrator Date
AdMk
Washington State
WAO Department of Transportation
Project Review
Reimbursable Agreement
Project Review
Applicant or Local Agency Jefferson Count y
Billing Address 623 Sheridan Street
Reimbursable
Agreement
Port Townsend, WA 98368
Region Olympic
Contact Email ekuzma @co.jefferson.wa.us
Agreement
J C1332
Contact Name
Contact Phone
Number
Eric Kuzma
360 -385 -9167
Estimated Costs
Surety $
This estimate is based on the best $10,000
Amount
available information to date and
® Not Applicable
Includes WSDOT's Indirect Cost Rate
SR
MP
Project Name
US 101
281.5 - 282.6
ODT Trail Project
Detailed Description of Work by WSDOT
Project Review ® Review of PS &E and Trail Lease documents and establishment and execution of
construction agreement and Trail Lease agreement for work associated with "Segment
Inspection 0 A" of the proposed Olympic Discovery Trail in South Discovery Bay, Port Townsend, WA
Other from trail station 429 +00 to 467 +50, including access to US 101 at trail station 457 +50.
(see description of
work)
This AGREEMENT is made and entered into by and between the Washington State Department of
Transportation, hereinafter the " WSDOT," and the above named "APPLICANT OR LOCAL AGENCY ",
hereinafter "ENTITY,"
WHEREAS, the ENTITY has requested WSDOT to perform the above described work, and WSDOT is
authorized and willing to perform the work, and
WHEREAS, the ENTITY is responsible for the costs associated with the work,
NOW THEREFORE, pursuant to the terms, conditions and performances contained herein and /or attached
hereto,
and by this reference made a part of this Agreement, it is mutually agreed between the Parties hereto as
follows:
1. GENERAL
1.1 The WSDOT agrees to perform the above described work requested by the ENTITY, using state labor,
equipment and materials.
1.2 To secure payment of the potential costs incurred in the review process, WSDOT requests that a Surety
Amount in the form of Bond, Assignment of Escrow, Irrevocable Letter of Credit, Check or Money Order in the
amount listed above accompany the endorsed original copy of this Agreement.
DOT Form 224102 EF
Revised 01/2013 Page 1
1.3 All WSDOT reviews, and /or inspections provided by WSDOT are solely for the benefit of WSDOT and
not for the ENTITY or any other third party.
2. PAYMENT
2.1 The ENTITY, in consideration of the faithful performance of the work by WSDOT, agrees to reimburse
WSDOT for the actual direct and related indirect costs associated with the work, including WSDOT's current
administrative indirect cost rate.
2.2 The ENTITY agrees to make payment for the work by WSDOT within thirty (30) calendar days from
receipt of billing from WSDOT.
2.3 The ENTITY agrees that if it fails to make payment within thirty (30) calendar days of the invoice, the
WSDOT may charge interest in accordance with RCW 43.17.240 and may elect to send the outstanding
invoice(s) to a WSDOT contracted collection agency resulting in the assessment of additional fees and /or
penalties.
2.4 Upon payment of all WSDOT invoices by ENTITY, WSDOT will release rights of remaining Surety
Amount.
3. INCREASE IN COST
3.1 The Parties agree that the estimated cost of the work may be exceeded by up to twenty -five (25) percent.
In the event costs exceed the estimated costs by more than twenty -five (25) percent the Parties agree to
modify the estimated cost of work by written amendment, signed by both Parties.
4. ASSIGNMENT
4.1 This Agreement, and any claim arising under this Agreement, shall not be assignable or delegable by
either Party, either in whole or in part.
5. INDEMNIFICATION
5.1 The ENTITY shall defend, protect and hold harmless WSDOT, its officers, officials, employees, and /or
agents from and against all claims, suits or actions arising from the negligent acts or omissions of ENTITY, its
officers, officials, employees, assigns, contractors, sub - contractors, tenants, sub - tenants, licensees, invitees
and/or agents while performing under the terms of this Agreement. This defense and indemnity obligation
shall not include such claims, actions, costs, damages, or expenses which may be caused by the sole
negligence of WSDOT, its officers, officials, employees, contractors, sub - contractors and /or agents; provided,
however, that if the claims, suits or actions are caused by or result from the concurrent negligence of (a)
WSDOT, its officers, officials, agents, contractors, sub- contractors or employees and (b) the ENTITY, its
officers, officials, employees, assigns, contractors, sub - contractors, tenants, sub - tenants, licensees, invitees
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 ENTITY or its officers, officials, employees,
assigns, contractors, sub - contractors, tenants, sub - tenants, licensees, invitees and /or agents. ENTITY
specifically assumes potential liability for the actions brought by ENTITY'S employees and solely for the
purposes of this indemnification and defense, ENTITY specifically waives any immunity it may be afforded in
connection with such claims under the State industrial insurance law, Title 51 RCW. ENTITY recognizes that
this waiver was the subject of mutual negotiations.
DOT Form 224102 EF
Revised 0112013 Page 2
6. AMENDMENT
6.1 This Agreement may be amended by the mutual agreement of the Parties. Such amendments shall not
.be binding unless they are in writing and signed by persons authorized to bind each of the Parties.
7. TERMINATION
7.1 Either Party may terminate this Agreement, with or without cause, by providing written notice to the other
of such termination and specifying the effective date thereof at least thirty, (30) calendar days before the
effective date of such termination. The ENTITY will reimburse WSDOT for all charges up to the date of
termination.
8. DISPUTES
8.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to this
Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy.
8.2 In the event that a dispute arises under this Agreement which cannot be resolved as outlined in Section
8.1 between the Parties, the dispute will be settled in the following manner: Each Party will appoint a
member to a dispute board. The members so appointed will jointly appoint a third member to the dispute
board who is not employed by or affiliated in any way with either Party. The dispute board will evaluate the
facts, contract terms, and applicable statutes and rules and make a determination of the dispute. The
determination of the dispute board will be final and binding on the Parties. Any costs associated with
appointing the third member will be equally shared between the Parties. Each Party shall be responsible for
its own costs, including attorneys fees.
8.3 The Parties agree that any legal action to enforce any right or obligation under this Agreement may only
be brought in Thurston County Superior Court.
9. TERM OF AGREEMENT
9.1 The term of the Agreement shall begin upon the date of execution and shall remain in effect until
WSDOT has completed the above desribed work and the ENTITY has made full payment, whichever comes
last, unless modified according to Section 6, "AMENDMENT," above.
DOT Form 224 -102 EF
Revised 0112013 Page 3
C
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date last signed by the
PARTIES below.
14NUVA
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
Signature` Signature:
Printed: Printed:
Title: Title:
Date: Date:
TIN:
OR
Social Security Number:
"W IpIII� VUV
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David Alvarez, Chief Civil
DOT Form 224 -102 EF
Revised 0112013 Page 4