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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, P.E. /CZ-
Public Works Director /County Engineer
Agenda Date: May 12, 2014
Subject: Road Use Permit for Rayonier Soil Disposal Sites
Statement of Issue:
Permits with Rayonier Timber allowing disposal of waste soil from road maintenance
work.
Analysis /Strategic Goals /Pro's Et Con's:
In performing county road maintenance, waste soil is generated that must be disposed
of. Rayonier Timber is providing three (3) sites for a period of three (3) years for this
purpose.
Fiscal Impact /Cost Benefit Analysis:
The fee associated with this permit is $2,000.
Recommendation:
Sign the permits where indicated and return to Public Works for further processing.
Department Contact:
Paul Walters, Roads Superintendent 385 -0890
Reviewed By:
Philip WorleLy, unty Admin' trator Date
Doc #21140
ROAD USE PERMIT
NT -14 -00055
This Permit is made this 17th day of March, 2014, between Rayonier Operating Company LLC, a
Delaware limited liability company, as agent of and acting on behalf of its affiliates and subsidiaries,
whose business address is 3033 Ingram Street, Hoquiam, Washington 98550 ( "LANDOWNER ") and
Jefferson County Public Works, a Washington corporation, with a local address of 621 Sheridan
Street, Port Townsend, Washington 98368 ( "PERMITTEE ").
In consideration of the payments to be made by PERMITTEE to LANDOWNER and the mutual
promises and conditions herein, the parties agree as follows:
Purpose. LANDOWNER grants PERMITTEE non - exclusive permission to use LANDOWNER's
roads located in portions of the following areas:
Section 20, Township 27 North, Range 12 West, W.M., "10V Area ",
Section 6, Township 26 North, Range 12 West, W.M., "Oil City Area ",
Section 11, Township 26 North, Range 13 West, W.M., "Goodman Area ",
All situated in Jefferson County, Washington as shown on Exhibit "A' , which is attached hereto
and incorporated herein by reference, for the purpose of hauling and wasting material associated
with regular county road maintenance.
2. Payment. In consideration of the rights granted hereunder, PERMITTEE shall pay
LANDOWNER the sum of Two Thousand and 00/100 Dollars ($2,000.00).
Payments are due and payable upon signing of this permit.
3. Term. This Permit shall be effective upon signing by both parties and shall expire March 16,
2017, unless terminated earlier as provided herein.
4: Special Conditions.
a) PERMITTEE shall remove all garbage, including petroleum products, created as a result of
PERMITTEE's operations. Garbage shall not accumulate on site unless it is in a trash barrel,
nor shall garbage be buried in slash or in the ground. In addition to the cost of removal, a
penalty of $500 for petroleum products and/or $250 for other garbage may be assessed for
failure to comply.
b) LANDOWNER requires the use of citizen band radios and headlights at all times on
LANDOWNER roads. In addition, PERMITTEE's personnel and contractors shall wear highly
visible hard hats and clothing when outside of vehicles.
c) PERMITTEE shall maintain the road at current or better condition. PERMITTEE's activities
shall be consistent with Washington Forest Practice rules and watershed analysis
prescriptions where applicable.
d) LANDOWNER reserves the right to periodically close roads due to weather conditions, to
prevent any adverse environmental impact, or for any other reason in LANDOWNER's sole
discretion. PERMITTEE shall comply with all LANDOWNER shutdown policies and
completely curtail all operations during any such shutdown. PERMITTEE's failure to
comply with this provision will constitute a breach of this Permit and a penalty of $500.00
will be assessed.
Road Use Permit. LANDOWNER.ALFP23.DP.doc
1/4/2011
e) This Permit is provided for the sole and exclusive purpose of accommodating PERMITTEE'S
request for road use only; consisting of the removal of real and valuable commercial forest
products from PERMITTEE'S property.
f) All property corners shall be preserved. If corners are disturbed by PERMITTEE's activities,
they must be replaced at PERMITTEE's expense and properly monumented by a surveyor
registered in the State of Washington in compliance with current regulations. Corner
information shall be recorded in the County Auditor's office and a duplicate copy furnished to
LANDOWNER's engineer.
g) PERMITTEE is allows to haul only over the route marked segment "A" on Exhibit "A ".
h) PERMITTEE may dump material associated with regular county road maintenance in the
locations marked segment "B" on the attached Exhibit "A ".
i) PERMITTEE must obtain a haul permit from Department of Natural Resources prior to use of
the "Oil City Area ".
j) PERMITTEE shall dump only clean soil, gravel, rock or organic debris. The material must be
free of petroleum or other contaminants, including asphalt.
k) PERMITTEE may dump the material directly on the road surface and within 100 feet of the
centerline, provided that the material shall not impede proper drainage or deliver sediment to
typed waters.
1) PERMITTEE shall spread the material annually and prior to the expiration of this Permit.
Material shall be spread by bulldozer or excavator in such a manner as to assume stability of
the material, maintain proper drainage, and provide a bed suitable for the planting of conifer
seedlings.
m) PERMITTEE shall exercise reasonable care in minimizing damage to the road surface and to
seedlings.
5. Termination. LANDOWNER reserves all rights not specifically granted herein. In the event
PERMITTEE shall fail to keep or perform any of the agreements to be kept or performed
hereunder, LANDOWNER may terminate this Permit by giving written notice of such default to
PERMITTEE and the termination is effective fourteen (14) days after giving such notice if
PERMITTEE does not correct the default during the fourteen -day period. In the event
LANDOWNER sells the lands which are subject to this Permit, this Permit will terminate
immediately and be of no further force or effect.
6. Access. During the term of this Permit, PERMITTEE, its employees, agents, or contractors shall
have a right of access over the Rayonier Road Access route(s) shown in Exhibit A.
LANDOWNER makes no guarantee as to the condition of any roads or associated structures and
shall not be liable for any failure of any roads or structures therein. PERMITTEE shall suspend
use of roads whenever such use, due to weather conditions, will cause excessive damage to said
roads.
7. Maintenance of Roads. Maintenance is defined as work normally necessary to preserve and
keep the roads in their present condition or as hereafter improved. At a minimum, the roads will
be maintained to meet forest practice standards set forth in WAC 222 -24 -050 as now written or
hereafter amended.
Road Use Permit. LANDOWNER. ALFP23.DP . doc 2
1/4/2011
When a road is being used solely by any party, that party shall be solely responsible for
maintaining that portion of the road so used to the standards existing at the time sole use is
commenced until joint use begins.
During periods when either party and/or other parties with an easement or license jointly use the
road(s), or any portion thereof, the cost of maintenance and resurfacing shall be allocated among
such users on the basis of their respective use including that of their agents. During periods of
joint maintenance, the users shall meet at times to be set by mutual agreement and establish
necessary maintenance provisions. Such provisions shall include, but not be limited to the
following:
a) The appointment of a maintainer, which may be one of the parties or any third party, to
perform or contract the maintenance.
b) The extent of resurfacing necessary to keep the road safe and to reduce environmental
impacts.
c) A method of payment by which each party using the road or a portion thereof shall pay its pro
rata share of the cost of maintenance.
8. Road Repair. PERMITTEE shall repair at its sole cost and expense any damage to roads arising
out of its use or that of its contractors which is in excess of normal and prudent usage. Should
damage be caused by an unauthorized user, the cost of repair shall be treated as ordinary
maintenance and handled as set forth above.
9. Improvements. PERMITTEE will not make improvements to the roads without prior written
consent of LANDOWNER, which shall not be unreasonably withheld. Unless the parties agree in
writing to share the cost of improvements, improvements shall be at the sole expense of the
improver. Any improvements to the roads, whether cost shared or not, shall become the property
of LANDOWNER at no cost to LANDOWNER upon the expiration of this Permit.
10. Insurance_. Before commencing operations PERMITTEE shall deliver to LANDOWNER
evidence, in the form of an insurance certificate that PERMITTEE has in force the insurance
coverages identified in Exhibit B, issued by a company satisfactory to LANDOWNER. As to the
Commercial General Liability Insurance coverage required, including logger's broad form
coverage, the policy shall name Rayonier Inc., its subsidiaries and subsidiaries thereof as
additional named insureds under such policies. The certificate shall provide that the policy(ies)
shall not be cancelled or changed materially without thirty (30) days advance written notice to
LANDOWNER. PERMITTEE shall maintain the insurance coverages in force during the Term.
11. Indemnification. PERMITTEE assumes all risk incident to the condition and use of the roads or
other operations conducted under this Permit. PERMITTEE agrees to, and hereby does,
indemnify LANDOWNER and its affiliated or related companies (hereinafter "Indemnitees ")
against and save and hold Indemnitees harmless from any cost, claim, demand, action, damage
or liability of every character whatsoever arising from or in any way growing out of injury to any
person, including injury resulting in death, injury or damage to or loss of property of Indemnitees
and property of any other party, resulting in whole or in part from, caused by, or arising out of
PERMITTEE'S use of roads under this Permit. PERMITTEE explicitly agrees to assume liability
for actions brought by its own employees against Indemnitees. Nothing herein shall be
construed to indemnify Indemnitees against their sole negligence.
Road Use Permit. LANDOWNER.ALFP23.DP.doc 3
1/4/2011
12. Dispute Resolution.
(a) The parties will attempt, in good faith, to resolve any question, dispute, misunderstanding,
controversy or claim arising out of or relating to this Permit (the "Dispute ") promptly by
negotiation between designated executives of the respective parties with authority to agree to
a resolution. Either party may invoke the provisions of this dispute resolution section by
giving the other party written notice (the "Notice of Dispute "). The executives shall meet at a
mutually acceptable time and place within TWENTY (20) DAYS of the date of delivery of the
Notice of Dispute, and thereafter as often as they reasonably deem necessary, to exchange
relevant information and to attempt to resolve the dispute.
(b) If the Dispute has not been resolved within THIRTY (30) DAYS of the initial meeting of the
executives (which may be extended by mutual written agreement), or if either party will not
participate in such procedure, then either party may by written notice (the "Arbitration Notice ")
require that the Dispute be resolved by binding arbitration. Any matter to be resolved by
arbitration shall be resolved by a single arbitrator to be appointed for that purpose as follows:
(i} Within TEN (10) DAYS after delivery of written notice by either party to the other
requesting arbitration (the "Arbitration Notice "), the parties shall agree on an arbitrator.
(ii) If the parties fail to agree on an arbitrator within the time specified, the arbitrator shall
be promptly appointed upon application of either party by the Arbitration Committee of
the American Arbitration Association in Seattle Washington. The party making such
application to the Arbitration Committee shall give the other party to this Permit written
notice of this application.
(iii) The arbitrator shall proceed with due dispatch to define the problem, accept evidence,
and reach a resolution. The proceedings shall be conducted in accordance with
Washington Law and the American Arbitration Association Commercial Arbitration
Rules. The arbitration proceedings shall be held in Seattle, Washington or such other
place as the parties may agree. The arbitrator, in issuing the award, shall be limited to
accepting the position of either LANDOWNER or the PERMITTEE only and may not
issue any award which may be viewed as a compromise of or settlement between the
positions set forth by each of the parties to the arbitration proceedings. The decision
of the arbitrator shall be binding, final, and conclusive on the parties to this Permit.
The award shall be in writing and delivered to the parties, and shall be in such form
that a petition may be filed to confirm the award in any court or public records wherein
a judgment may be sought to be enforced.
(iv) Each party shall bear its own expenses of arbitration, including attorney fees. Each
party shall pay one -half of the costs of the arbitration, including the arbitrator's fee.
(v) The arbitrator shall have no power to change any of the provisions of this Permit in
any respect (nor the power to make an award of reformation), and the arbitrator is not
empowered to award damages in excess of actual damage incurred. In no event shall
any award include punitive, incidental or consequential damages.
13. Compliance with Laws. PERMITTEE in performing this Permit shall comply at all times and in all
respects with LANDOWNER's ground rules as posted or verbally communicated and with
appropriate Federal, State and local laws, rules, and regulations, including, but not limited to,
those pertaining to Social Security, Worker's Compensation, Unemployment Compensation, Fair
Labor Standards Act of 1938, as amended, Equal Opportunity, and requirements for licensing or
Road Use Permit. LANDOWNER.ALFP23 DP.doc 4
1/4/2011
certification of equipment or operators. PERMITTEE shall be responsible for insuring that all
licenses are valid and shall assume all costs incurred.
14. Assignment. PERMITTEE shall not assign this Permit, by operation of law or otherwise, without
the prior written consent of LANDOWNER.
15. Complete Agreement. This constitutes the complete agreement between the parties and there
are no other agreements written or oral. No amendment shall be effective unless done in writing
and signed by both parties.
16. Governing Law. This Permit shall be governed by and construed in accordance with the
substantive law of the State of Washington.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written.
LANDOWNER:
Rayonier Operating Company LLC
Authorized Representative
Road Use Permit. LANDOWNER.ALFP23.DP . doc
1/4/2011
PERMITTEE:
Jefferson County Public Works
By:
Its:
Phone #:
ped as to �1Y o. s
David Alvarez, Chief Civil A
5
i
Road Use Permit. LANDOWNER.ALFP23.DP.doc
1/4/2011
Exhibit A
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Permit NUmberNT -14- 00055••••••• A ••00.00 E
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Permit NumberNT -14 — 00 0 55 •a.•••• A 0000000 E ten. I
Exhibit A .� g F 0000000 J
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Exhibit B
Insurance
Permittee must have proof of insurance. Rayonier requirements are as follows:
Insured: Additional Named Insured:
Jefferson County Public Works Rayonier Inc., its subsidiaries and subsidiaries thereto
621 Sheridan St 1301 Riverplace Blvd, Suite 2300
Port Townsend, WA 98368 Jacksonville, FL 32207
A)
Worker's Compensation in accordance with the laws of the state
Statutory
where contract /work is to be performed.
Benefits
Employer's Liability Insurance - Each Accident
$100,000
Disease (Ea Employee)
$100,000
Disease (Policy Limit)
$100,000
B)
General Liability (Including if applicable Product Liability /Completed Operations, Contractual
Liability)
Personal Injury Liability
Bodily Injury - Each Occurrence: (And Aggregate When Applicable)
$1,000,000
Property Damage - Each Occurrence: (And Aggregate When Applicable)
$1,000,000
or
Bodily Injury and Property Damage
Combined Single Limit - Each Occurrence: (And Aggregate When Applicable
$1,000,000
C)
Automobile Liability
(Including Owned, Non -Owned and Hired Vehicles)
Bodily Injury
Each Person
$500,000
Each Accident
$500,000
Property Damage
Each Accident
$500,000
or
Combined Single Limit
Each Accident
$500,000
(D)
Logger's Broad Form — Each Occurrence
$1,000,000
Note: The foregoing minimum levels of liability insurance may be evidenced by a primary insurance policy on or by the
combination of primary and umbrella (excess) liability policies.
Evidence of Compliance With Insurance Requirements
Prior to commencing work or entering the Lands or facilities of Rayonier, Permittee shall secure such insurance as necessary
to comply with the foregoing requirements and will provide a Certificate of Insurance evidencing the policies in effect for the
Term. The Certificate of Insurance will further evidence that RAYONIER INC., its subsidiaries and subsidiaries thereto has
been NAMED AS AN ADDITIONAL INSURED under the General Liability Policy and that Rayonier will be given thirty (30)
days written notice prior to cancellation or material change to any policy evidenced. If the General Liability coverage
evidenced is written on a "Claims Made" basis, the certificate will so evidence along with stating the "Retroactive Date"
contained in the policy. To be acceptable, the "Retroactive Date" must be prior to the commencement of any hauling on
Rayonier land. Waiver of subrogation language shall be in favor of "Rayonier Inc., its subsidiaries and affiliates thereof'.
Prior to commencing hauling, it is required that Rayonier Inc. be named as the Certificate holder on the liability policies.
IMPORTANT
No permittee or company shall commence work or enter upon the Lands or facilities of Rayonier, its Division or Subsidiaries,
until a Certificate of Insurance as above discussed has been received by Rayonier.
Road Use Permit. LANDOWNER.ALFP23.DP.doc 7
1/4/2011