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O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Enginee j/1
Agenda Date: July 5, 2022
Subject: WSDOT Project Review Reimbursable Agreement for ODT
Statement of Issue: The Board is asked to authorize the Project Review
Reimbursable Agreement with Washington State Department of Transportation
(WSDOT) to create a reimbursable account within WSDOT to which they bill their work
reviewing and inspecting Jefferson County's Olympic Discovery Trail- Anderson Lake
Connection project.
Analysis/Strategic Goals/Pro's Et Con's: The route of the ODT from the south end of
the Larry Scott Trail to Anderson Lake State Park requires crossing State Route 20 (SR-
20). The ODT crossing of SR-20 wilt require WSDOT review of plans and inspection of
new infrastructure. This Agreement is necessary for WSDOT to provide these services
on a reimbursable basis. The term of this Agreement remains in effect until the work
is completed, estimated at end of 2024.
Fiscal Impact/Cost Benefit Analysis: Services provided by WSDOT for this project
will be on a reimbursable basis, up to $10,000. Funding will be provided through
County Road fund, Recreation and Conservation Office Grant #20-1745, and Federal
Highway Administration- Surface Transportation Block Grant.
Recommendation: The Board is requested to authorize the Chair to sign three
originals of the WSDOT Project Review Reimbursable Agreement, and return all three
documents to Public Works for further processing. After execution of the Agreement
by WSDOT, Public Works will return an executed original to the Board.
Department Contact: John Fleming, P.E., Project Manager, 385-9160.
Reviewed By:
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1.11- -,/tA 4/C z Z_
Mark McCauley, ounty Administrator Date
Washington State
�. Department of Transportation
Project Review Applicant or Local Agency
Reimbursable Jefferson County Public Works
Agreement
Agreement Number Billing Address
J 623 Sheridan Street
Port Townsend, WA 98368
Project Review
Reimbursable Agreement
Region Contact Email
Olympic jfleming@co.jefferson.wa.us
Contact Name Contact Phone
John Fleming PE, Project Manager 360-385-9217
Estimated Costs Surety Amount
This estimate is based on the best available information to date and includes
WSDOT's Indirect Cost Rate $
10,000 ❑✓ Not Applicable
SR MP Project Name
20 L 6.3 Olympic Discovery Trail - Anderson Lake Connection
Detailed Description of Work by WSDOT
❑✓ Project Review Review of documentation for permit approval for the construction of the Olympic Discovery Trail
❑✓
crossing of SR-20 north of the South Discovery Road / Four Corners Road intersection. Project may Inspection also include construction Inspection. Project may include, but is not limited to a rectangular rapid
❑ Other flashing beacon, crosswalk, and lighting.
This AGREEMENT is entered into by and between the Washington State Department of Transportation, hereinafter
"WSDOT," and the above named "APPLICANT OR LOCAL AGENCY," hereinafter the "ENTITY;" herein after referred to
individually as the "Party" and collectively as the "Parties."
Recitals
1. The ENTITY has requested WSDOT to perform the above described work, and WSDOT is authorized and willing to
perform the work.
2. The ENTITY is responsible for the costs associated with the work.
NOW THEREFORE, pursuant to the terms, conditions and performances contained herein and/or attached hereto, and by
this reference made a part of this Agreement,
It Is Mutually Agreed to As Follows:
1. GENERAL
1.1 The WSDOT agrees to perform the above described work requested by the ENTITY, using state labor,
equipment and materials.
1.2 To secure payment of the potential costs incurred in the review process, WSDOT requests that a Surety
Amount in the form of Bond, Assignment of Escrow, Certificate of Deposit, Irrevocable Letter of Credit, Check
or Money Order in the amount listed above accompany the endorsed original copy of this Agreement.
1.3 All WSDOT reviews, and/or inspections provided by WSDOT are solely for the benefit of WSDOT and not for
the ENTITY or any other third party.
DOT Form 224-102
Revised 01/2021
2. PAYMENT
2.1 The ENTITY, in consideration of the faithful performance of the work by WSDOT, agrees to reimburse
WSDOT for the actual direct and related indirect costs associated with the work, including WSDOT's current
administrative indirect cost rate.
2.2 The ENTITY agrees to make payment for the work by WSDOT within thirty (30) calendar days from the date
of a state invoice.
2.3 The ENTITY agrees that if it fails to make payment within thirty (30) calendar days of the invoice, the WSDOT
may charge interest in accordance with RCW 43.17.240 and may elect to send the outstanding invoice(s) to
a WSDOT contracted collection agency resulting in the assessment of additional fees and/or penalties.
2.4 Upon payment of all WSDOT invoices by ENTITY, WSDOT will release rights of remaining Surety Amount.
3. INCREASE IN COST
3.1 The Parties agree that the estimated cost of the work may be exceeded by up to twenty-five (25) percent. In
the event costs exceed the estimated costs by more than twenty-five (25) percent the Parties agree to modify
the estimated cost of work by written amendment, signed by both Parties.
4. ASSIGNMENT
4.1 This Agreement, and any claim arising under this Agreement, shall not be assignable or delegable by either
Party, either in whole or in part.
5. INDEMNIFICATION
5.1 The ENTITY shall defend, protect and hold harmless WSDOT, its officers, officials, employees, and/or
agents from and against all claims, suits or actions arising from the negligent acts or omissions of ENTITY,
its officers, officials, employees, assigns, contractors, sub -contractors, tenants, sub -tenants, licensees,
invitees and/or agents while performing under the terms of this Agreement. This defense and indemnity
obligation shall not include such claims, actions, costs, damages, or expenses which may be caused by the
sole negligence of WSDOT, its officers, officials, employees, contractors, sub -contractors and/or agents;
provided, however, that if the claims, suits or actions are caused by or result from the concurrent negligence
of (a) WSDOT, its officers, officials, agents, contractors, sub -contractors or employees and (b) the ENTITY,
its officers, officials, employees, assigns, contractors, sub -contractors, tenants, sub -tenants, licensees,
invitees and/or agents, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be
valid and enforceable only to the extent of the negligence of the ENTITY or its officers, officials, employees,
assigns, contractors, sub -contractors, tenants, sub -tenants, licensees, invitees and/or agents. ENTITY
specifically assumes potential liability for the actions brought by ENTITY'S employees and solely for the
purposes of this indemnification and defense, ENTITY specifically waives any immunity it may be afforded in
connection with such claims under the State industrial insurance law, Title 51 RCW. ENTITY recognizes that
this waiver was the subject of mutual negotiations.
This indemnification and waiver shall survive the termination of this Agreement.
6. AMENDMENT
6.1 This Agreement may be amended by the mutual agreement of the Parties. Such amendments shall not be
binding unless they are in writing and signed by persons authorized to bind each of the Parties.
7. TERMINATION
7.1 Either Party may terminate this Agreement, with or without cause, by providing written notice to the other
of such termination and specifying the effective date thereof at least thirty (30) calendar days before the
effective date of such termination. The ENTITY will reimburse WSDOT for all charges up to the date of
termination.
8. DISPUTES
8.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to this
Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy.
DOT Form 224-102
Revised 01/2021
8.2 In the event that a dispute arises under this Agreement which cannot be resolved by the parties as outlined
in Section 8.1, the dispute will be settled in the following manner: Each Party will appoint a member to a
dispute board. The members so appointed will jointly appoint a third member to the dispute board who is
not employed by or affiliated in any way with either Party. The dispute board will evaluate the facts, contract
terms, and applicable statutes and rules and make a determination of the dispute. The determination of the
dispute board will be final and binding on the Parties. Any costs associated with appointing the third member
will be equally shared between the Parties. Each Party shall be responsible for its own costs, including
attorneys fees.
8.3 The Parties agree that any legal action to enforce any right or obligation under this Agreement may only be
brought in Thurston County Superior Court.
9. TERM OF AGREEMENT
9.1 The term of the Agreement shall begin upon the date of execution and shall remain in effect until WSDOT
has completed the above described work and the ENTITY has made full payment, whichever comes last,
unless modified according to Section 6, "AMENDMENT," above.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date last signed by the
PARTIES below.
REQUESTING ENTITY
By:
Printed: Heidi Eisenhour
Title: Chair Jefferson County Board of Commissioners
Date:
Approved as,to form only:
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County
June 22, 2022
Date
By:
Printed:
Title:
Date:
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
DOT Form 224-102
Revised 01/2021