HomeMy WebLinkAbout031714_ca01Department of Public Works
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, P.E. County Engineer /Public Works Director
Agenda Date: March 17, 2014
Subject: Land Use License with Washington State Department of Natural
Resources, for a Federal Aid, Access Preservation Culvert
Replacement Project, Upper Hoh Rd. MP 3.338, Federal Aid
Project No. PLH- A160(001).
Statement of Issue: The attached Land Use License with the Washington State
Department of Natural Resources (DNR) is needed in order to permit access to remove
the existing culvert and construct replacement culvert project at Upper Hoh Road MP
3.338.
Analysis /Strategic Goals /Pro's Et Con's: Public Works plans to replace the
substandard, failing culvert at Upper Hoh Road MP 3.338, with a new 48 inch diameter
steel culvert. Work will also include constructing an energy dissipater at the new
culvert outlet, decommissioning the existing culvert, paving and guardrail installation.
A Land Use License from DNR is necessary in order to temporarily access these State
Lands during construction.
Fiscal Impact /Cost Benefit Analysis: DNR has determined that there is no fee or cost
for the subject Land Use License.
Recommendation: The Board is requested to sign all three originals of the Land Use
License, and return to Public Works.
Department Contact: Monte Reinders, P.E., County Engineer, 385 -9242.
Reviewed By:
'l
"Philip Marley, oun y7Coministrator Date
I
WASHINGTON STATE DEPARTMENT OF
Natural Resources
Peter Goldmark - Commissioner of Public lands
LAND USE LICENSE ( "License ")
FACESHEET
License No. 50- OL1406 DNR Olympic Region Jefferson County
License authorization period: FROM March 10, 2014 THROUGH December 31, 2016
Specify other times as applicable: N/A
License Area (legal description/other identifying descriptors): S W 1 /4 S W 1 /4 of Section 24
Township 27 North, Range 12 West, W.M., Jefferson County. (See map attached)
Name of Licensee: Jefferson County — Public Works Dept.
Business: Jefferson County — Public Works Dept.
Address: 623 Sheridan Street
Port Townsend, WA 98368
Phone: (360) 385 -9160
FAX: (360) 385 -9234
hereafter referred to as "Licensee," is hereby authorized by the Department of Natural Resources,
hereafter referred to as "State," during the specified time period to use land in the above
described location; and/or the facilities (improvements) listed below:
1. N/A
Permitted Use(s):
1. Replacement of a deteriorated 30 inch culvert with a new 48 inch culvert on the Upper
Hoh Road at MP 3.33.
2. Use of turnout area, just west of project, as construction area and parking.
February 25, 2014
1 Land Use License No. 50 -OL 1406
Performance Security: Not Required Amount $0.00
Liability Insurance Required: Yes
(see Addendum A, Insurance Requirements, for specifics)
ISSUANCE of this License is subject to the terms and conditions on appended pages (listed
below and by this reference made a part of this License):
Addendum A - Terms and Conditions of Land Use License
Exhibit A - Maps of authorized assessment location for Licensees
Exhibit B - HCP Requirements (use only if License is in the HCP Permit Areas)
and payment to the State of Washington in the sum of $0.00
The undersigned hereby accepts this License subject to the terms and conditions expressed or
implied herein.
Licensee:
Signature Date
UBI No. (if applicable)
Authorizing Official:
Susan K. Trettevik Date
Olympic Region Manager
Approved for HCP Clause, February 8, 1999.
by James Schwartz
Assistant Attorney General
State of Washington
Note: 1) License must be available on site for inspection during licensed activity.
roved to form onl
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David Alvarez, Chief
' it DPA
February 25, 2014 2 Land Use License No. 50- OL1406
ADDENDUM "A" - TERMS AND CONDITIONS FOR LAND USE LICENSE
TERMS:
1. Purpose. By issuance of this License, State is conferring the privilege of use of the land
and/or improvements herein described, and expressly retain exclusive possession of same.
2. License Authorization Period. This License is limited to the license authorization
period(s) specified on face sheet and is not subject to renewal.
3. Revocation. This License may be revoked at will, including under the following
circumstances:
a. immediately upon material breach of any of the conditions herein or, for
reasonable cause, by the State's authorized representative without compensation to the
Licensee or liability to State;
b. upon sixty (60) days' written notice in the event the State includes the License
area in a plan for higher and better use, land exchange or sale;
C. up to 24 hours in advance of the licensed activity due to adverse and extraordinary
weather conditions (e.g., high fire danger) which could adversely affect public resources.
Any fees paid will be kept on account to be applied if and when the activity is
rescheduled.
4. Non - Transferrable. This License is personal to the Licensee and may not be transferred.
5. Encumbrances. This License is subject to any rights and valid claims previously
conveyed by State, and to any rights and valid claims pending on or encumbering License
area.
6. Compliance. State retains possession of and the right to access License area at any and
all times to ensure compliance or carry out any management activities.
7. Access. Provisions for the use of rights of way across State land, including the License
area and adjacent land are as follows:
a. A nonexclusive right to use existing State road(s) over and across State land to
access the locations shown on the map(s) attached as Exhibit A.
8. Condition of Premises. Licensee has inspected the License area and accepts it in its
present condition. The State has no obligation to make any repairs, additions, or
improvements thereto and expressly disclaims any warranty that the License area is
suitable for intended use.
February 25, 2014 3 Land Use License No. 50 -OL 1406
9. Performance Security. As guarantee of the faithful performance of the conditions of this
License, the State may require performance security by Licensee prior to commencement
of activity; such security may be in the form of cash, savings account assignment, bank
letter of credit, or performance bond, in such amount as determined by State.
10. Notice to Licensee: This License does not interfere with State's management activities
and possible sale or exchange of the land.
CONDITIONS:
1. Compliance with Laws. Licensee shall comply with all applicable laws, including all
Department of Natural Resources regulations, county and municipal laws, ordinances, or
regulations in effect.
2. Required Permits/Licenses. Licensee shall obtain and be in possession of all permits and
licenses required for the permitted use, and shall provide proof of such permits /licenses
upon request by State's representative.
3. Responsibility. Licensee assumes responsibility for all activities conducted, including but
not limited to supervision and control to prevent injury or damage; maintenance of the
premises during the use; clean-up of litter and debris; and provision of surveillance and
security to preserve order.
4. Insurance Requirements:
a. Evidence of Insurance. Licensee must furnish evidence of insurance in the form
of a Certificate of Insurance satisfactory to the State, executed by a duly authorized
representative of each insurer showing compliance with the insurance requirements set
forth below. The Certificate of Insurance must reference the Department of Natural
Resources and the Land Use License number. Before implementing this License,
Licensee must provide proof of coverage.
b. Cancellation. The Certificate(s) of Insurance must provide 45 days written notice
to State before the cancellation, non - renewal, or material change of any insurance
coverage included therein. Notices must be sent to State's Forks office via certified mail.
C. Additional Requirements.
(1) All policies must name State of Washington Department of Natural
Resources, as an additional insured.
(2) All insurance provided in compliance with this License shall be primary as
to any other insurance or self - insurance programs afforded to or maintained by
State.
February 25, 2014 4 Land Use License No. 50 -OL 1406
(3) All insurance policies must provide liability coverage on an occurrence
basis unless otherwise specified in this License.
(4) Policies must be issued by an insurer admitted and licensed by the
Insurance Commissioner to do business in the State of Washington. Excess or
"surplus lines" carriers must be approved in advance by the Risk Manager (or
other authorized representative) of DNR. All insurers must have a Best's rating of
B -plus or better.
d. Minimum Coverage Requirements. The Minimum Coverage Requirements set
forth the minimum limits of insurance the Licensee must purchase to secure a license with
State. These limits may not be sufficient to cover all liability losses and related claim
settlement expenses. Purchase of these minimum limits of coverage does not relieve the
Licensee from liability for losses and settlement expenses greater than these amounts.
During the term of the License, Licensee must purchase and maintain, and shall require
all independent contractors to maintain while performing work on License area under this
License, the minimum insurance coverages and limits specified below, which may be
increased by State at its sole discretion:
(1) Commercial General Liability (CGL) Insurance. Licensee must purchase
and maintain CGL on an Insurance Services Office (ISO) form CG 00 01 or
equivalent form, covering liability arising from premises, operations, independent
contractors, personal injury, and liability assumed under an insured contract. Such
insurance must be provided on an occurrence basis. Insurance must include
liability coverage with limits not less than those specified below:
Description
General Aggregate Limit $2,000,000
Each Occurrence Limit $1,000,000
(2) Business Auto Policy (BAP) Insurance (Required for all licenses). The
Licensee shall maintain business auto liability and, if necessary, commercial
umbrella liability insurance with a limit not less than $1,000,000 per accident.
Such insurance shall cover liability arising out of "Any Auto ".
Business auto coverage shall be written on ISO form CA 00 01, or substitute
liability form providing equivalent coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage and cover a "covered pollution
cost or expense" as provided in the 1990 or later editions of CA 00 01.
The Licensee waives all rights against the State for the recovery of damages to the
extent they are covered by business auto liability or commercial umbrella liability
insurance.
February 25, 2014 5 Land Use License No. 50 -OL 1406
(3) Worker's Compensation and Employer's Liability Insurance. The Licensee
must purchase and maintain insurance covering obligations imposed by Federal
and State statutes having jurisdiction of its employees in the performance of work,
including Employer's Liability Insurance. Evidence of "Qualified Self - Insurance
Status" will suffice to meet the requirements of this section.
Each Employee Policy Limit
Description By Accident By Disease By Disease
Bodily Injury $1,000,000 $130001000 $15000,000
e. Self- Insurance. In lieu of the coverages required under this section entitled
"Insurance Requirements," the State at its sole discretion, may accept evidence of self -
insurance by the Licensee.
Aside from any "self- insurance" guaranteed by the Licensee, it is the responsibility of the
Licensee to ensure that its contractors, concessionaires, agents, employees, guests,
invitees, or affiliates in, on, under, or above the License area, any adjoining License Area,
or any other License Area subject to use by Licensee in conjunction with its use of the
License area, meet minimum insurance requirements described above.
5. Indemnification. Licensee shall indemnify, defend (with counsel acceptable to State) and
hold harmless State, its employees, officers and agents from any and all liability, damages
(including, but not limited to, personal injury and damages to land and other natural
resources), expenses, causes of action, suits, claims, costs, fees (including, but not limited
to, attorneys' fees), penalties, or judgments, of any nature whatsoever, arising out of the
use or occupation of the License Area by Licensee, its contractors, concessionaires,
agents, employees, guests, invitees, customers or affiliates, except as may arise solely out
of the willful act of State or State's elected officials, employees, or agents. To the extent
that RCW 4.24.115 applies, Licensee shall not be required to indemnify, defend, and hold
State harmless from State's sole or concurrent negligence. This section shall not in any
way limit Licensee's liability under section entitled Environmental Liability/Risk
Allocation.
6. Protection of Natural Resources and Improvements. Licensee shall take all reasonable
precautions to prevent or minimize damage to natural resources (e.g., vegetation, wildlife,
soil, water) and improvements (crops, buildings, roads, etc.) within the License area.
Licensee shall cut no State timber, remove no State -owned valuable material (as defined
in RCW 79.02.010(12) plus coal, minerals, oil or gas), disturb or remove any cultural,
historical or paleontological (fossils) resources, without written prior consent of the State.
Upon revocation or expiration of this License, Licensee shall reclaim any disturbed areas
to the specifications of the State within a reasonable amount of time as agreed to by
State's authorized representative. Damage to timber, crops and improvements not
identified and paid for under the terms and conditions of this License shall be appraised
by the State. The Licensee shall be liable for said damages at the appraised rate.
February 25, 2014 6 Land Use License No. 50 -OL 1406
7. Cleanup. All garbage shall be packed out, or disposed of as required by the State's
authorized representative, within the license authorization period of this License.
8. Improvements/Personal License Area. No building or other structures will be erected
under this License within the License area. Any unauthorized improvements shall either
be removed immediately by the Licensee, removed by State at the cost of the Licensee, or
become the License Area of State, at State's option. All personal Property must be
removed from the premises upon revocation or expiration of this License. Any property
remaining after 24 hours will become the property of the State, unless a longer time
allowance is specifically authorized by the State under the "Additional Terms and
Conditions" section below.
9. Advertising. Licensee shall file with the State's authorized representative copies of all
advertising brochures or other handouts describing the activity /event for which this
License is issued. Licensee shall ensure advertising does not imply the endorsement of
the Washington State Department of Natural Resources.
10. Noxious Weeds. Licensee shall take all reasonable precautions, which may be directed
by State's representative, to control the spread of noxious weeds as a result of their
activity. Licensee shall be responsible for, or shall immediately reimburse State, for any
weed control cost incurred as a result of Licensee's failure to comply with precautions
directed by State. All methods of chemical weed control shall be approved in writing by
State prior to beginning such activities.
11. Discrimination. Licensee shall not conduct or suffer any business upon the License area
which unlawfully discriminates against any person on the basis of race, color, creed,
religion, sex, age, or physical or mental handicap.
12. Environmental Liability/Risk Allocation
a. Definition. "Hazardous Substance" means any substance which now or in the
future becomes regulated or defined under any federal, state, or local statute, ordinance,
rule, regulation, or other law relating to human health, environmental protection,
contamination or cleanup, including, but not limited to, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA "), 42
U.S.C. '9601 et seq., and Washington's Model Toxics Control Act ( "MTCA "), RCW
70.105D.010 et seq.
b. Use of Hazardous Substances. Licensee covenants and agrees that Hazardous
Substances will not be used, stored, generated, processed, transported, handled, released,
or disposed of in, on, under or above the License area, except in accordance with all
applicable laws. Licensee agrees to use hazardous substances only to the extent necessary
to the permitted use under this License.
February 25, 2014 7 Land Use License No. 50- OL1406
C. Deleterious Material. Licensee shall not make, or suffer to be made, any filling in
of the License area or any deposit or rock earth, ballast, refuse, garbage, waste matter,
chemical, biological or other wastes, hydrocarbons, any other pollutants, or other matter
within or upon the premises, except as approved in writing by the State. If the Licensee
fails to remove all non - approved fill material, refuse, garbage, wastes or any other of the
above materials from the License area, the Licensee agrees that the State may, but is not
obligated to, remove such materials and charge the Licensee for the cost of removal and
disposal.
d. Notification and Reporting. Licensee shall immediately notify State if Licensee
becomes aware of any of the following:
(1) a release or threatened release of Hazardous Substances in, on, under or
above the License area, any adjoining property, or any other property subject to
use by Licensee in conjunction with its use of the License area;
(2) any problem or liability related to or derived from the presence of any
Hazardous Substance in, on, under or above the License area, any adjoining
property, or any other property subject to use by Licensee in conjunction with its
use of the License area;
(3) any actual or alleged violation of any federal, state or local statute,
ordinance, rule, regulation, or other law pertaining to Hazardous Substances with
respect to the License area, any adjoining property, or any other property subject
to use by Licensee in conjunction with its use of the License area;
e. Indemnification and Burden of Proof. Licensee shall fully indemnify, defend
(with counsel acceptable to State), and hold State harmless from and against any and all
claims, demands, damages, natural resource damages, response costs, remedial costs,
cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other proceedings, costs,
and expenses (including attorneys' fees and disbursements), that arise out of or are in any
way related to:
(1) the use, storage, generation, processing, transportation, handling, release
or disposal of any Hazardous Substance by Licensee, its contractors,
concessionaires, agents, employees, guests, invitees, or affiliates in, on, under, or
above the License area, any adjoining property, or any other property subject to
use by Licensee in conjunction with its use of the License area, during the license
authorization period of the License or during any time when Licensee occupies or
occupied the License area or any such other property;
February 25, 2014 8 Land Use License No. 50- OL1406
(2) the release or threatened release of any Hazardous Substance in, on, under,
or above the License area, any adjoining property, or any other property subject to
use by Licensee in conjunction with its use of the License area, which release or
threatened release occurs or occurred during the license authorization period of
the License or during any time when Licensee occupies or occupied the License
area and as a result of:
a. Any act or omission of Licensee, its contractors, concessionaires,
agents, employees, guests, invitees, or affiliates; or,
b. Any act or omission of a third party unless Licensee exercised the
utmost care with respect to the foreseeable acts or omissions of the third
party and the foreseeable consequences of those acts or omissions.
13. Stream course Protection. Yarding equipment shall be set back from the stream bank so
the act of yarding or storing of yarded logs will not damage or encroach on the flowing
stream. No timber shall be felled across or into and no yarding shall be permitted in or
through such stream courses, lakes and ponds as designated by the State unless
permission to do so is granted in writing by the State's authorized representative.
14. Erosion and Damage to Soil. During operations under this License, including the
construction of roads and landings, the Licensee shall take such precautions as necessary
to minimize insofar as possible soil erosion and damage to the soil. Equipment will not
be operated when ground conditions are such that excessive damage will result.
15. Preservation of Surveys. All legal land subdivisions survey corners and witness objects
are to be preserved. If such are destroyed or disturbed, the Licensee shall re- establish
them by a registered professional engineer or licensed land surveyor in accordance with
U.S. General Land Office standards at its own expense. Corners and/or witness objects
that must necessarily be disturbed or destroyed in process of construction must be
adequately referenced and/or replaced in accordance with all applicable laws of the State
of Washington in force at the time of construction, reconstruction, or development of the
right of way including but not limited to RCW 58.24, and all Department of Natural
Resources rules and regulations pertaining to preservation of such corners and/or witness
objects. Such references must be approved by the State prior to removal of said corners
and/or witness objects.
16. Road Maintenance. During periods when a road, or portion thereof, is being used by the
Licensee, that portion of the road so used shall be maintained by said party at its own
expense and, at the termination of each period of such use, shall be left in a condition
equal to or better than the condition of the road immediately prior to said use.
17. Obstruction. Licensee shall not obstruct said roads or take any action to restrict the flow
of traffic on said roads without the State's written permission.
February 25, 2014 9 Land Use License No. 50 -OL 1406
18. Debris Disposal. Licensee shall dispose of forest debris as defined by law, concurrent
with cutting and land clearing, by piling and burning on the right of way (or site).
Alternate methods of disposal may be permitted provided a written supplement to this
document shall first be obtained from the State's authorized representative. The
supplement shall include but not be limited to the following minimum requirements:
a. Dates and places of disposal;
b. Methods and means of disposal;
C. A map showing the areas affected by the supplement.
19. Compliance with the Habitat Conservation Plan (HCP). The License Area is located
within an area that is subject to State's Habitat Conservation Plan adopted in connection
with Incidental Take Permit No. PRT- 812521 (ITP) as supplemented by Permit No. 1168
(Collectively "ITP "). As long as the Habitat Conservation Plan remains in effect,
Licensee and all persons acting under Licensee shall comply with the terms and
conditions set forth in Exhibit B while operating on License Area. State shall have the
right to modify these terms and conditions from time to time to comply with the Habitat
Conservation Plan, the ITP, the Endangered Species Act, the implementing regulations,
and amendments thereto, or the requirements of the federal agencies administering these
laws.
Additional terms and conditions:
No cutting of merchantable timber without an approved Forest Practice Permit
Plan of Operations
Comply with plans and operating restrictions included in the following documents:
• Environmental Classification Summary (NEPA checklist) — with Biological Assessment
• Hydraulic Project Approval
• Geotechnical Report
• Trenchless Feasibility letter
February 25, 2014 10 Land Use License No. 50- OL1406
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EXHIBIT A
Map of authorized access use
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11 Land Use License No. 50 -OL 1406
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EXHIBIT B
HCP REQUIREMENTS
1. The Licensee shall immediately notify the State of new locations of permit species
covered in the Incidental Take Permit (ITP) that are discovered within the License Area covered
by the Habitat Conservation Plan (HCP), including, but not limited to: locations of occupied
murrelet habitat; spotted owl nest sites; wolves; grizzly bears; nests, communal roosts, or feeding
concentrations of bald eagles; peregrine falcon nests; Columbian white - tailed deer; Aleutian
Canada geese; and Oregon silverspot butterflies. In all circumstances notification must occur
within a 24 hour time period.
2. Upon locating any live, dead, injured, or sick specimens of any listed species covered by
the ITP within the License Area the Licensee shall immediately notify the State. In all
circumstances notification must occur within a 24 hour time period. Licensee may be required to
take certain actions to help the State safeguard the well -being of any live, injured or sick
specimens of any listed species discovered, until the proper disposition of such specimens can be
determined by the State.
3. Any Forest Practices Permit application submitted for activities on the License Area must
comply with the ITP and HCP and identify that the License Area is within an area covered by a
Habitat Conservation Plan and part of the Incidental Take Permit No. PRT- 812521 as
supplemented by Permit No. 1168.
February 25, 2014 12 Land Use License No. 50- 0L1406