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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, Interim County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineer
Agenda Date: March 21, 2022
Subject: Road Use and Limited Disposal Site Permit with Rayonier Operating
Company LLC for Snow Creek Road MP 0.84 Culvert Replacement,
County Project Number 18020310
Statement of Issue: Execution of Road Use and Limited Disposal Site Permit with
Rayonier Operating Company LLC, for the Snow Creek Road MP 0.84 Culvert
Replacement project.
Analysis/Strategic Goals/Pro's Et Con's: The culvert at Snow Creek Road Milepost 0.84
is located under a 40 ft. deep fill, is badly deteriorated and at risk of failure, and Public
Works is planning to replace it in 2023. The project will require excavation and removal
of approximately 11,000 cubic yards of road fill material. The Road Use and Limited
Disposal Site Permit with Rayonier will provide a waste area that is close to the project
site, for the disposal of the road fill material.
Fiscal Impact/Cost Benefit Analysis: The cost for material disposal will be $5/cubic
yard. There is an initial $5,500 deposit required for the execution of the permit. The
total estimated cost is $55,000. The disposal site cost will be funded at 87.5% by a FEMA
Hazard Mitigation grant and state funding, and the remainder by a Public Works Board
loan.
Recommendation: The Board is requested to sign the Road Use and Limited Disposal
Site Permit and return to Public Works for further processing. Following signature by the
BOCC, Public Works will send the Permit to Rayonier for execution. A fully executed
copy will be provided to the BOCC.
Department Contact: Mark Thurston, Project Manager, 385-9210.
Reviewed By:
J Z, /� e-4
Mark McCauleyfAnterim County Adnoini rator Date
Rayonier
ROAD USE AND LIMITED DISPOSAL SITE PERMIT
2021ANE00753
Doc #
This Road Use and Limited Disposal Site Permit ("Permit") is made this day of
2022 ("Effective Date"), by and between Rayonier Operating Company LLC
("ROC"), a Delaware limited liability company, who is 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 Department of Public Works, a Washington county department, 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:
1. Purpose. Permittor grants Permittee the non-exclusive permission to use Permittor's roads and
land located in portions of Section 26, Township28 North, Range 02 West, W.M., Jefferson
County, Washington as shown on Exhibit(s) A, which is attached hereto and incorporated herein
by reference ("Premises"), for the purpose of accessing, constructing, maintaining and operating a
waste site area, referred to as the "Snow Creek Waste Area", and operating all necessary machinery
and equipment thereon. Permittee is obtaining this waste area for its project to replace the MP 0.84
culvert on Snow Creek Road. Permittee shall use S-1300 on the Premises for its access to the Snow
Creek Waste Area.
2. Payment. In consideration of the rights granted hereunder, Permittee shall pay Permittor the sum
of Five Dollars and Zero/100 Dollars ($5.00)/per cubic yard (cyd) of materials deposited on the
Snow Creek Waste Area. Permittee will provide load tickets that show truck number, date of haul,
source, and quantity. Permittor will have the right to audit and/or verify the information received
from Permittee.
Permittee shall pay the sum of $5,500 upon signing of this Permit as a deposit toward the amounts
due hereunder and then shall pay monthly in accordance with the load tickets. In the event
Permittee reaches 11,000 cyd, Permittee will inform Permittor so that Permittor can address further
removal with the County.
3. Term. This Permit shall be effective upon the Effective Date specified above and shall expire on
December 31, 2024, unless terminated earlier as provided herein ("Term"). Notwithstanding
termination, the indemnification obligations in Paragraph 10 shall survive the termination or
expiration of this Permit.
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
Rev. 06/02/2021
barrel, nor shall garbage be buried in slash, highway waste 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 on any part of the Premises.
c) Permittee shall maintain the road at current or better condition. Permittee's activities on the
Premises 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
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 and highway project waste disposal only.
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 Permittor's engineer.
g) Permittee may keep gates on Rayonier property open while hauling but must close and hard lock
all gates at the end of each day. Permittee may be fined $500 per incident if they are determined
to be in violation of this condition.
h) Access, Use and Permitting: Access to the Premises is through the S-1300 gate from Snow Creek
County Road. Permittee is to stay only on the primary surface depicted in Exhibit A and must
stay back at least two hundred (200) feet from stream to the north. Permittee shall take all steps
necessary to minimize damage to the Premises and minimize burial of any trees on the Premises.
The waste material shall not contain any Contaminants as defined in Paragraph 0)3 below. The
waste material shall be no deeper than six (6) feet at any location. Permittee shall be responsible
for filing for and obtaining any required Forest Practices Application (FPA) with appropriate
authorities, and must provide Permittor a copy of same or a representation as to why an FPA is
not needed.
i) Snow Creek Waste Area Soil Deposit Operating Standards.
1. All operations must be conducted and concluded in a workman -like manner that does
not create unreasonable safety or environmental risks.
2. Permittee shall abide by all Permittor safety and security rules to ensure an accident
free workplace. Failure to comply with safe work practices may result in immediate
suspension of all activities under this Permit.
Rev. 06/02/2021
3. The Permittee shall scrape the top 10" of top soil of the site and pile it with in the
boundary of the site before placing any waste.. After all the waste has been placed and
smoothed, the Permittee will spread the top soil over the top of the waste site.
4. When placement of soils is completed the site must be bladed to a smooth surface,
seeded, and straw placed to prevent erosion.
5. Permittee shall initiate a pre -operation meeting with all principal drivers and operators
who will access the Snow Creek Waste Area.
j) Snow Creek Waste Area Clean Soil and Earthen Material Deposit Assurance.
1. Permittee guarantees to Permittor that all materials deposited on the Snow Creek
Waste Area pursuant to this Permit shall be only the soil and earthen material from
the Snow Creek Road MP 0.84 Culvert Replacement Project. No contaminated
material may be deposited on the Snow Creek Waste Area. In addition, Permittee
agrees to implement such policies and procedures as may be necessary to ensure that
any and all material deposited on the Snow Creek Waste Area pursuant to this Permit
shall be clean soil and earthen material.
2. For purposes of this Permit, clean soil and clean earthen material means clean, virgin
soil or rock free of any Contaminants.
3. For purposes of this Permit, Contaminants means any of the following:
(i) Material that includes radioactive waste;
(ii) Material that includes dangerous waste, hazardous waste, a hazardous
substance, hazardous material, extremely hazardous waste, restricted
hazardous waste, a toxic substance, a toxic pollutant, a contaminate, or similar
material as defined by the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended, 42 USC §§ 9601 et seq.
(CERCLA), the Resource Conservation and Recovery Act, as amended, 42
USC §§ 6901 et seq. (RCRA), and/or the Washington Model Toxics Control
Act, as amended, RCW Ch. 70.105D (MTCA), and/or their respective
implementing regulations;
(iii) Petroleum or petroleum by-products;
(iv) Material removed as part of any cleanup or corrective action, whether
voluntary or otherwise;
(v) Demolition or construction waste, including, without limitation,
construction wood waste or lumber;
(vi) Other solid waste, including, without limitation, garbage, rubbish, trash, and
ashes; and
(vii) Any material for which disposal is regulated by federal, state, or local law.
4. Permittor reserves the right to inspect, sample, and/or require Permittee to sample any
and all material before such material is deposited on the Snow Creek Waste Area.
5. Notwithstanding the above set forth guarantee, in the event that material other than
clean soil or clean earthen material is deposited on the Snow Creek Waste Area,
Permittee agrees to remove such material within twenty-four (24) hours of its
placement on the Snow Creek Waste Area and to undertake any remediation required
by Permittor or any government authority.
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
Rev. 06/02/2021 3
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. 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 and as set forth
in Paragraph 4(h) for the purpose of placing the materials on the Snow Creek Waste Area.
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.
7. 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 between the parties.
8. 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.
9. Insurance. Prior to commencing operations or entering property of Permittor, Permittee shall
secure such insurance as required in Exhibit B, issued by a carrier with an A.M. Best rating of A-
VII or better on an "Occurrence" basis. Any insurance deductible or retention will be paid by
Permittee and is not a reimbursable expense under this Permit. Permittee will provide a Certificate
of Insurance evidencing policies in effect for the duration of this Permit with the applicable
endorsements attached. Failure to provide evidence of insurance, as required by Permit shall not
relieve Permittee of its obligations. The limits required in Exhibit B may be satisfied with a
combination of primary and excess (umbrella) liability insurance policies that follow form. The
policy(ies) shall (a) name Rayonier Inc., its subsidiaries and subsidiaries thereof as additional
named insureds with the exception of workers' compensation; (b) waive all rights of subrogation
against Permittor; (c) provide that the policy(ies) not be cancelled or changed materially without
thirty (30) days advance written notice to Permittor; and (d) be primary and non-contributory.
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.
10. Indemnification. Permittee assumes all risk incident to the condition and use of the roads, the
Snow Creek Waste Area, the Premises 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, including but not limited to slides or
movement of the waste placed in the Snow Creek Waste Area, or the nature of such waste, or
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 itself, its contractors, Indemnitees and property of any
other party, or for any governmental claims, including regulatory claims relating to the waste,
slides, or movement of the waste, or resulting in whole or in part from, caused by, or arising out
Rev. 06/02/2021
of Permittee's use of the Premises. This indemnification and hold harmless provision includes the
payment of any costs or attorneys' fees for any claims or actions of any nature. 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. Permittee
acknowledges that it selected and approved the Snow Creek Waste Area. This paragraph survives
the termination or expiration of this Permit.
11. Dispute Resolution.
a) Except for claims or litigation commenced for which Permittee assumes indemnification
obligations in accordance with Paragraph 11 above, 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 filed
to confirm the award in any court or public records wherein a judgment may be
sought to be enforced.
Rev. 06/02/202 ] 5
(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.
12. 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 all applicable
federal, state and local laws, rules, and regulations in connection with the activities under this
Permit, including without limitation those pertaining to fire prevention and suppression, safety,
water quality, other environmental resources, and endangered species. Permittee shall be
responsible for insuring that all licenses and permits are valid and shall assume all costs incurred.
13. Fire Protection. Permittee shall comply with all laws and regulations pertaining to fire protection
and suppression, and take every possible precaution to prevent fires from igniting on or spreading
onto Permittor's property. If a fire should occur on or near the Premises, Permittee shall
immediately notify Rayonier at (360) 533-7000 (24/7 emergency line), and notify appropriate
government agencies, and shall make every reasonable effort to help suppress or contain the fire,
provided the same can be done safely. Permittee will be liable for and reimburse Permittor for all
damages (including loss or damage of timber, and fire suppression costs) resulting from fires
caused by Permittee's activities without regard to Permittee's negligence, except to the extent such
fires were the result of the negligence or fault of Permittor or a third party.
14. Contaminants. Permittee shall not dump, spill or otherwise allow the release of any Contaminants,
including but not limited to petroleum products, chemicals or other substances considered
hazardous or regulated under federal or state law on Permittor's property, and will follow all laws
governing the transport, use, storage and handling of all petroleum products, chemicals and other
such substances. In the case of any leak, over -fill, or accidental spill on or adjacent to Permittor
property, Permittee will immediately clean up the same, and report it to Permittor (in addition to
reporting it to the applicable governmental agency, if required under applicable law).
15. Assignment. Permittee shall not assign this Permit, by operation of law or otherwise, without the
prior written consent of Permittor.
16. Notices. All notices provided for in this Permit, except notices regarding fire suppression or
hazardous materials spills, must be written and given by either personal hand -delivery (including
Federal Express or other recognized, national overnight mail carrier), or regular U.S. mail, postage
prepaid to the address above. All notices regarding fire suppression or hazardous materials must
be reported in person or by telephone as soon as possible. A copy of all notices hereunder shall go
Rayonier Law Department, 1 Rayonier Way, Wildlight, Florida 32097
17. Assumption of Risk. Permittee acknowledges that the Permit road(s) are used for logging, forestry,
and industrial operations and are maintained, if at all, only to standards generally required for such
uses. Permittee further acknowledges and understands that Permittor has made no representations
or warranties as to the present or future condition of its property or the Permit road(s), the character
of traffic on its property or Permit road(s), or any other factor affecting Permittee's risks in
Rev. 06/02/2021 6
undertaking activities under this Permit. Permittee understands that Permittor may provide
information about the foregoing from time to time, but Permittee agrees it will and may not rely
thereon, and will conduct its own evaluation of conditions on the Permit roads and other Permittor
property.
18. Relationship. of Parties. This Permit is not intended to create and shall not be construed to create
any partnership or association for profit between Permittee and Permittor, and any liabilities
hereunder shall be several and not joint.
19. Complete AI rcement. 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.
20. Goveming 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: —
Authorized Representative
PERMITTEE:
By:
Its:
Phone #:
Approved as to form only:
J March 14, 2022
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Rev. 06/02/2021 7
2021 ANE00753
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Exhibit B
Insurance Exhibit
Rev. 06/02/2021
WASHINGTON COUNTIES RISK POOL
2558 R.W. Johnson Road SW, Suite 106
T'umwater, Washington 98512-6103
Created by Counties for Counties
February 10, 2022
Rayonier Inc
Its Subsidiaries & Subsidiaries thereof
3033 Ingram St
Hoquiam WA 98550
RE: Notice to Certificate of Membership Holder
Member County: Jefferson County
Effective Dates: October 1, 2021 — September 30, 2022
Dear Certificate Holder:
The Member County listed above and on the attached Certificate of Membership is a
member of the Washington Counties Risk Pool (WCRP), a group of Washington
counties that have come together under an interlocal agreement as permitted under
RCW 48.62 to group self -insure for liability coverage.
The WCRP and its participating members group purchase re -insurance and excess
liability insurance, and the self -insured retention of the WCRP is completely self -funded
by the membership. The WCRP is not an insurance company and therefore cannot
name other entities, organizations, or individuals as an "additional insured."
However, the WCRP and its reinsurers provide contractual coverage to its members and
will extend protection to those parties that the Member County has contractually agreed
to indemnify. Coverage is subject to all the terms, conditions, exclusions, definitions,
and limits of liability in the current WCRP Memorandum of Liability Coverage document.
We hope that this satisfies the requirement that Jefferson County name your
organization as an additional insured.
Sincerely,
plloekG %41-
Derek C. Bryan, Executive Director
Washington Counties Risk Pool
Phone (360) 292-4500 • Fax (360) 292-4501
Email: infoCwerp.wa.gov • Website: www.wcrp.info
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 THE WASHINGTON COUNTIES RISK POOL
MEMBER COUNTY:
Liability Coverage Afforded by the:
Jefferson County, Washington
Washington Counties Risk Pool
Attn: Mark McCauley, County Admin & Risk Manager
2558 R W Johnson Rd SW, Suite 106
PO Box 1220
Tumwater, 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" certain third -
party liabilities. The Pool is NOT an insurance company. Claims that are covered under a Memorandum of Liability Coverage
("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 and/or actions in connection with or
incidental to the performance of an agreement/contract which the County and/or its officers, employees or volunteers are found to be
liable for will be paid by the Pool and/or the County.
MLC NUMBER:
20212022RISKPOOL-JFCO
MLC EFFECTIVE DATE:
October 1, 2021
MLC EXPIRATION DATE:
October 1, 2022
LIMITS OF LIABLITY EACH OCCURRENCE
BI AND PD COMBINED:
1$10,000,000
TYPES OF LIABILITY
COVERAGE AFFORDED: General Liability
Including: Bodily Injury
Personal Injury
Property Damage
Errors and Omissions/Professional
Advertising hijury
Automobile Liability
DESCRIPTION OF OPERATIONS/LOCATION/VEHICLE
CANCELLATION
SHOULD THE ABOVE DESCRIBED MLC BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUER
Road Use &Limited Disposal Site Permit #2021ANE0753
WILL ENDEAVOR TO PROVIDE THIRTY (30) DAYS WRITTEN
for the Snow Creek Waste Area
NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO
MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION NOR
LIABILITY OF ANY KIND UPON THE ISSUER OR ITS AGENTS
During the MLC Period 10/1/21 - 10/1/22
OR REPRESENTATIVES.
CERTIFICATE HOLDER:
ISSUE DATE:
February 10, 2022
Rayonier Inc, its subsidiaries & subsidiaries thereof
3033Ingram St
Hoquiam WA 98550
p 1/
Claims Specialist