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HomeMy WebLinkAboutRayonier Operating Company - 022618ROAD USE PERMIT 2018ANE00065 Doc # This Road Use Permit ("Permit") is made this 17th day of January, 2018 ("Effective Date"), by and between Rayonier Operating Company LLC ("ROC"), a Delaware limited liability company, whose authorized to do business in Washington, with a local business address of 3033 Ingram Street, Hoquiam, Washington 98550, representing and acting on behalf of the owner(s) of the land(s) (ROC and the owner(s) of the land are collectively "Permittor"), and Jefferson County Public Works, a Washington corporation , with a local address of 623 Sheridan Street, Port Townsend Washington 98368 ("Permittee"). At time Permittor and Permittee are collectively the "Parties". In consideration of the payments to be made by Permittee to Permittor and the mutual promises and conditions herein, the Parties agree as follows: P ose. Permittor grants Permittee the non-exclusive permission to use Permittor's roads located in portions of Section 20 Township 27 North, Range 12 West and Section 1 I Township 26 North, Range 13 West, W.M. Jefferson County, Washingtonas shown on Exhibit(s) "A", which is attached hereto and incorporated herein by reference ("Premises"), 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 Permittor the sum of one thousand five hundred and no/100 Dollars ($1,500). Payments are due and payable upon signing of this Permit. 3. Term. This Permit shall be effective upon the Effective Date specified above and shall expire on December 31, 2020, unless terminated earlier as provided herein ("Tenn"). 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 the Premises 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) Permittor requires the use of citizen band radios and headlights at all times while on Permittor 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) Permittor reserves the right to periodically close roads due to weather conditions, to prevent any adverse environmental impact, or for any other reason in Permittor's sole discretion. Permittee Rev.8/26/2016 shall comply with all Permittor 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. 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. fj 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 Permittor's engineer. g) Permittee agrees to keep all gates on Rayonier property closed at all times. Permittee may be fined $500 per incident if they are determined to be in violation of this condition. Exceptions: • A gate may remain open if another commercial vehicle will be passing through the gate within 15 minutes. Gates will be hard locked after the last commercial vehicle, and no later than 4:30 pm. a Other: h) Other: 5. Termination. Permittor 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, Permittor 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 Permittor sells the Premises, which are subject to this Permit, this Permit will terminate immediately and be of no further force or effect. 6. Access. (Select applicable one) ® (Access for Hauling) During the Term of this Permit, Permittee, its employees, agents, or contractors shall have a right of access over the Permittor's Road Access route(s) shown in Exhibit(s) "A". Permittor 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. ❑ (Access for Hauling and Road Construction) During the Term of this Permit, Permittee, its employees, agents, or contractors shall have a right of access over the Premises, together with ingress and egress on all roads owned by Permittor or to which Permittor has rights of use, to the extent permissible under the relevant road agreement, as authorized under and according to the terms set forth in this Permit. Permittor 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 Rev.8/26/2016 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: in Washington as set forth in WAC 222-24-050; and in Oregon in accordance with the terms of the Oregon Forest Practices Act (including all rules, regulations, and orders issued under its authority) ("OFPA"), as now written or hereafter amended. 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 maybe 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 Permittor, 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 Permittor at no cost to Permittor upon the expiration of this Permit. 10. Insurance. Before commencing operations Permittee shall deliver to Permittor 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 Permittor. 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 Permittor. Permittee shall maintain the insurance coverages in force during the Term. Permittee shall ensure that all contractors or subcontractors entering upon the Premises or facilities of Permittor shall be in compliance with all insurance provisions of this Section and Exhibit "B". Rev.8/26/20 t 6 It. 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 Permittor 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. 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 Permittor 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 Rev.8/26/2016 4 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 Permittor'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 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 Permittor. 15. Complete Az=ment. 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. PERMITTOR: By: �Y/�. v�-- Authorized Representative Rev.8/26/2016 PERMITTEE: By: Its: Phone M 201 HANE00065 Contract No.2018ANE00065 EXHIBIT B GENERAL 2 - INSURANCE FORM Permittee must have proof of insurance. Permittor requirements are as follows Insured. Jefferson County Public Works 621 Sheridan Street Port Anqeles. Washinoton 98363 General Liability (Ir Contractual Liability) Automobile Additional Insured: Rayonier Inc., its subsidiaries and subsidiaries thereof 1 Rayonier Way Yulee. FL 32097 Liability Insurance, if applicable, Product Liability/ Completed Each Occurrence Damage to Rented Premises (Each Occurrence) Med Exp (Any one person) Personal & Adv Injury General Aggregate Products — CompfOp Agq ,luding Owned, Non -Owned and Hired Vehicles) Combined Single Limit (Ea accident) $ 500,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1.000.000 $1,000,000 for Washington State Department of Natural Resources, where RTRS or RFR is the buyer or permittee, the auto liability requirement as required by the State Bodily injury (Per person) $ Bodily Injury (Per accident) $ WC Employees Liability (1) Each Accident $ 100,000 Disease (Ea Employee) $ 100,000 Disease (Policy Limit) $ 100,000 Loggers Broad Form (Required for Each $ 1,000,000 forestry) Occurrence (Logging and Lumbering or Fire and .. .............._..... Note. The foregoing minimum levels of liability insurance may combination of primary and umbrella (excess) liability policies. by a primary insurance policy on or Evidence of Compliance with Insurance Requirements Prior to commencing Work or entering property or facilities of Permittor, 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 duration of the Agreement. Under the Professional Liability Insurance requirements, Architect's and Engineer's coverage will be endorsed to include contractual liability. The Certificate of Insurance will further evidence that RAYONIER INC., its subsidiaries and subsidiaries thereof has been NAMED AS AN ADDITIONAL INSURED under the General Liability Policy, and that Permitter 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 contract with Permittor. Waiver of Subrogation language for all policies shall be in favor of "Rayonier Inc., its subsidiaries and subsidiaries thereof'. Prior to commencing work, it is required that Rayonier be named as the certificate holder on the liability policies, ensure that broker/agent includes the following certificate holder language: Rayonier Inc., its subsidiaries and subsidiaries thereof c/o Browz, LLC 13937 S. Sprague Lane, Suite 100 Draper, UT 84020 Please email copies of certificates of insurance to: operations cabrowz.com IMPORTANT No contractor or company shall commence Work or enter upon the property or facilities of Permittor, its Division or Subsidiaries, until a Certificate of Insurance as above discussed has been received by Permittor. (1) If covered by Washington L&I for workers' compensation, "Stop Gap" coverage must be provided to meet the employer's liability requirement Rev 04 07 15 CERTIFICATE OF MEMBERSHIP IN THE WASHINGTON COUNTIES RISK POOL THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE JOINT SELF-INSURANCE LIABILITY COVERAGE AFFORDED BY TETE WASHINGTON COUNTIES RISK POOL MEMBER COUNTY: Liability Caverage Afforded by the: Jefferson County, Washington Washington Counties Risk Pool Attn: Phitip Morley, County Administrator 2558 R W Johnson Rd SW, Suite 106 PO Box 1220 Turiwater, WA 98512-6103 Port Townsend, WA 98368 Jefferson County (the "County") is a member of the Washington Counties Risk Pool (the "Pool"), as authorized by RCW 48.62.031, and the County is covered by the Pool's Joint Self-Insurance Liability Program. The Pool's Joint Self-insurance Liability Program was created by interlocal cooperative agreement amongst the Pool's member counties to share risks by "jointly, self-insuring" certa' third-party liabilities. The Pool is NOT an insurance company. Claims that are covered under a Memorandum of Liability Coverag ("MLC"} from the Pool and were submitted under Chapter 4.96 RCW ("Actions against political subdivisions, municipal and quasi- municipal corporations") against the County, its employees, officers, volunteers and agents andlor actions in connection with or incidental to the performance of an agreetnent/contract which the County andlor its officers, employees or volunteers arc found to be liable for will be paid by the Pool and/or the County. MLC NUMBER: 20l T20l8RIS*"OL-JFCO MLC EFFECTIVE DATE: October 1, 2017 MLC EXPIRATION DATE: October 1, 2018 LIMITS OF LIABILITY EACH OCCURRENCE BI AND PD COMBINED: s 10 000 000 TYPES OF LIABILITY COVERAGE AFFORDED: General Liability Including: Bodily Injury Personal Injury Property Damage Errors and Omissions/Professional Advertising Injury Automobile Liability DESCRIPTION OF OPERATIONS/LOCATION/VEHICLE CANCELLATION SHOULD TELE ABOVE DESCRIBED MLC BE CANCELLED Road Use Permit #20 1 8ANE00065 BEFORE THE EXPIRATION DATE THEREOF. THE ISSUER WILL ENDEAVOR TO PROVIDE THIRTY (30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION NOR LIABILITY OF ANY KIND UPON THE During the MLC Period 10/1/17 - 10/1/18 ISSUER OR ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER: ISSUE DATE: January 26,2018 Rayonier, Inc., its Subsidiaries and Subsidiaries thereof p Rayonier Way Yulee FL 32097 I Claims Assistant L ro O or J < 4 w O O V, M O O O N Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders P.E., Public Works Director/County Engineer Agenda Date: February 26, 2018 Subject: Road Use Permit with Rayonier Inc. Statement of Issue: To renew Road/Land Use Permit with Rayonier Operating Company LLC. for two(2) waste sites on the West End. Analysis/Strategic Goals/Pros It Cons: Jefferson County Public Works has permits with Rayonier to use their roads/land to haul and dispose of material associated with regular county road maintenance (e.g. gravel, brush etc.). This is a renewal of a previous permit with Rayonier. Fiscal Impact/Cost Benefit Analysis: There is a $1500.00 fee for this two year permit. Recommendation: Sign all three(3) attached Road Use Permits and return all three(3) to Public Works for further processing. Department Contact: Monte Reinders P.E., Public Works Director/County Engineer 385-9242 Reviewed By: clip M rle Count�cAdmin' rator Date CONTRACT REVIEW FORM CONTRACT WITH: Rayonier Operating Company LLC (Contractor/Consultant) CONTRACT FOR: Road/ Land Use Permit TERM: 2 Years COUNTY DEPARTMENT: Public Works For More Information Contact: Mara Dotson FEB 0 2918 Contact Phone #: 360) 385-9218 RETURN TO: Chris Spall RETURN BY: 2/19/18 (Person in Department) (Date) AMOUNT: $1500.00 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds 180000010.31110.00 180000010.54200.49 Step 1: REVIEW B Review by: Date Reviewed: APPROVED FORM Comments PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ X Other �rned for revision (See Comments) Step . REVIEW BY PR EC Review by: I' r Date Reviewed: Z APPROVED AS TO FORM RE Comments TTORNEY Philip C. Hunsucker Chief Civil Deputy Prosecutor for revision (See Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Admin will submit originals and 2 copies of Contract and Review Form with Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.)