HomeMy WebLinkAboutLog169
December 23, 2005
nl7f' ~) Q
IP ~.' f;l' 'IJ
Ray Harker, Mary TennBrink
155 East Beach Road
Nordland, WA 98358
To Whom it May Concern
This letter addresses concerns about MLA05-276, the project to install a public water system on
Marrowstone Island
In review of the Shoreline Master Program for Jefferson County, the proposed Marrowstone Water
System should require a Shoreline Substantial Development Permit (if the development cost will exceed
$2,500 - see page 15 of the Master Program) and a Shoreline Conditional Use Permit if new lines will be
placed within 200 feet of the ordinary high,water mark (OHWM) of the surrounding waters. A map in the
back of the Master Program designates all of the shoreline of Marrowstone Island as Conservancy. A
chart on page 40 of the Master Program states that Utilities in the Conservancy designation require a
shoreline conditional use permit. Definitions on pages 79-80 of the Master Program include facilities that
transmit water as Utilities. The criteria for conditional use permit approval appear in the Master Program
at page 37. There are also criteria in the WAC regulations that implement the Shoreline Management Act.
The depth of the study area only included the utility right of way. It doesn't include the wetland setbacks
and buffers that may be impacted. (UDC Table 3-4).
The permit is being applied for the whole project yet Phase 2 Delineation isn't included in the request for
the permit. The reason the initial notification was cancelled from the first Notice of Application was for the
lack of the wetland delineation. At this time the PUD has done only half of the wetland delineation.
Water System Site Plan:
. Log Item 116 is a map (Map 1 (attached)) approximately 10-15 years old. This map has errors
and inconsistencies showing correct locations of parcels and easements. This information is
necessary to do a proper site plan. Without it this is a best guess scenario by the PUD not a .~
design. The importance of accuracy is critical for the protection of shoreline and wetlands. Two
maps are enclosed with this comment letter. One is a copy of Item 116 and the other is omissions
that were created by the scope of the study area done by Parametrix. On the "Marrowstone
Island Water System Phase 1 Wetland Delineation Report".
. Map 2 (attached) shows the omissions on the Wetland Delineation Report. Some of the
omissions are as follows:
o Additional landslide areas,
o Wetland areas or mention of any setback or buffer zones,
o And many locations within 200 feet of the shoreline.
Parametrix leaves some concern for the accuracy of the Wetland Delineation. They have done other work
on Marrowstone Island and one such place is at Fort Flagler. They designed a water and sewage system.
The water system was supposed to fill the water tank and according to Parametrix the pipe from Indian
Island would be adequate to do this. The PUD and Parks Department choose not to attempt to fill the tank
to capacity because that would increase the pressure on the submarine line with the potential of rupturing
the line. If this were to happen the new installation of a submarine line would have forced the PUD to do a
full SEPA on the whole project. So to avoid this complication they did not fill the tank at the park to full
capacity. Further concern of rupture of the submarine line brought the PUD and the State Parks
Department to put together an agreement of the submarine line. Ownership of the line will transfer to the
PUD over the next five years in increments at 20% per year. At year 6 the PUD will assume 100% of the
cost of maintenance of the submarine line. This information can be found in the document titled: FRST
AMENDED INTERLOCAL AGREEMENT between WASHINGTON STATE PARKS AND RECREATION
COMMISSION and PUBLIC UTILITY DISTRICT NO.1 OF JEFFERSON COUNTY (attached).
LOG ITEM
lh5
t otlh.
#
Page
Water reaches Marrowstone Island from Indian Island through a water utility line running from the
government water main on Indian Island where it enters Kilisut Harbor in Puget Sound and runs to Fort
Flagler State Park (hereinafter the "submarine line"). The PUD in Section B of the State and PUD
agreement, is:
B2G. The PUD shall accept full ownership and liability for the operation and maintenance of all
the components listed above, except the submarine line, upon transfer by the Commission.
B2H. The Commission will retain ownership, maintenance, and operational responsibilities for the
submarine line and for the feed lines from the meters to the four Park facilities (i.e., each
campground, TDS, historic area).
Because of this agreement with the State Parks Department the PUD will not have ownership of this line
for the protection of our health and well being. The PUD should have ownership of all lines that bring
public water to Marrowstone for public consumption. This process of ownership was done in this manner
to avoid a SEPA review.
Further, the PUD has no control of the water lines on Indian Island a Government Facility closed to public
access. A subcontractor has been contracted by the Government to maintain these lines. The location of
these lines, in the vicinity of a Super Fund site, is a concern to the possibility of contamination of the
water supply.
The PUD plans to install 4-5 fire hydrants on Marrowstone Island. The PUD built a system in Shine with
the fire hydrants installed every 1,000 feet, which is what the fire department and home owners
requested. Four or five fire hydrants is not building for our future and according to the Shoreline Master
Plan 5.2, utilities should be located to meet the needs of future population in areas planned to
accommodate this growth. Utilities should be designed and installed to meet future needs when possible.
Fort Flagler water system was installed with ten-inch mains. The PUD is planning to install eight-inch
mains on the rest of Marrowstone. Is the under sizing of the water system on Marrowstone Island and the
lack of hydrants every 1,000 feet another way of bypassing the SEPA process?
This is my response about the PUD and this process. On July 16th 2003 the PUD published a notice in the
Leader (attached) "Public Utility District #1 of Jefferson County (PUD) is initiating the environmental
review and SEPA process for the purposes of forming local utility district # 15 (LUD #15 Marrowstone
Island Project)". This was good news it meant that the PUD was going to do the right thing but this only
lasted one week. They found a loophole that bypasses the process of protecting the environment. The
ditches are where the PUD plans installation of the pipes. These ditches have been a bio filter for Kiliset
Harbor, Scow Bay and surrounding waters. Road oils, toxins, pesticides, and pasture runoff has settled
into these ditches creating a toxic soil. To properly protect the oyster and clam beds, soil samples need to
be taken from all ditches prior to any excavation during a wet season so that the ditches will have a
baseline. This baseline is necessary to show what soil is to be used for backfill, existing or new. Please
lets do the right thing. This is our island, our home where we choose to live. Please protect it.
Thank you for your attention to these matters
Ray Harker
Mary TennBrink
Jefferson Co Dept of Community Development
Developmental Review Division
621 Sheridan St
Port Townsend, WA 98368
dwiohnson@co.iefferson.wa.us
379-4450
WA State Dept of Health
Office of Drinking Water
#
Page
LOG ITEM
lk5
L.-ot&-
Southwest Regional Office
Post Office Box 47823
Olympia, WA 98504-7823
Fred Brower Fred.Brower@DOH.WA.GOV
360 664 8734
and
Karen Klocke Karen.Klocke@DOH.WA.GOV
(360)664-2999
Fax: (360) 664-8058
WA State Dept of Fish and Wildlife:
Jeff Davis (360) 895-3965
davisjpd@dfvv.wa.Qov
and
Shelly Ament(360) 681-4276
amentkma@dfvv.wa.qov
WA State Dept of Ecology
Jeffree Stewart
PO Box 47775
Olympia, WA 98504-7775
(360) 407-6521
JSTE461@ecV.wa.Qov
Application Review Project Manager
US Army Corps of Engineers
Seattle District Regulatory Branch
Attn: Jessie Winkler
Post Office Box 3755
Seattle, WA 98124-3755
Tel. (206) 764-5528
Fax: (206) 764-6602
jessica. q. winkler@nws02.usace.army.mil
WA State Dept of Transportation
Dale Severson
POBox 47440
Olympia, WA 98504-7440
(360) 357-2736
seversd@wsdot.wa.qov
#
Page
LOG ITEM
(k:{ .
~ oLLL
\
~oW'- <)1~kJ{~y~ rp~__
,
",..
,.
24.
salt or fresh water, unless the purpose of the vacation is to enable any public authority
to acquire the vacated property for port purposes, boat moorage or launching sites, or
for park, view point, recreational, educational, or other public purposes, or unless the
property is zoned for industrial purposes. Further, such vacation shall not be
accomplished for any purpose that is not consistent with this Master Program, and
then only when all appropriate federal, state, and local permits have been issued for the
intended use.
Transportation facilities in flood:ways shall be designed to minimize flood water
diversion or obstruction to flood water flow.
~.
e lnItlon
Services or facilities that produce, transmit, carry, store, process, or dispose of electric power,
gas, water, sewage, communications, oil, and the like.
Policies
1. Whenever utilities must be placed in a shoreline area, the location should be chosen to
not obstruct or destroy scenic views. Wherever feasible, these facilities should be
placed underground or designed to do minimal damage to the aesthetic qualities of the
shoreline area.
2. To an extent feasible, Jefferson County and the City of Port Townsend should
incorporate major utility corridors on shorelines into their programs and plans for
public access to and along water bodies.
ies should be located to meet the needs of future populations in areas planned to
accommodate this growth.
Upon completion of installation and maintenance projects of shorelines, banks should
be restored to preproject configuration, replanted with native species, and be provided
with maintenance care until the newly planted vegetation is established. . ..---
tv?c.() 7 v ;11-;<-c; f/<J3 :?A-t1 PL$5 fl (/~rtfJ{;r Tlfe
--- . _.~ Performance Standards ---D" ..::;
~ t::: ( .7 c.: 'f /~-- IU p v -r ,If +c;L-. f /~;; 7r~J~
Utilities shall be installed adjacent to or within existing utility or circulation easements ....
or rights-of-way whenever feasible.
2. Utilities shall be installed underground whenever feasible.
Utilities shall be designed and installed to meet future needs when possible.
4. When feasible, utility corridors shall serve multiple uses such as shoreline access or
recreational trails or pathways.
Utilities installed in the water, beach, or upon tidal areas shall assure that water quality
and marine life will not suffer degradation.
6. Installation of utilities shall assure the prevention of siltation or beach erosion.
#
Page
LOG ITEM
L(o~
Lf otlk.-,
79
~
.r
7. Upon completion of installation or maintenance projects, banks shall be restored to a
suitable configuration and stability, replanted with native species, and provided with
maintenance care until the newly planted vegetation is established.
8. Utility discharges and outfalls shall be located, designed, constructed, and operated so
degradation to water quality, marine life, and general shoreline ecosystems is kept to
an absolute minimum.
Both during and after installation, utilities shall assure that geohydraulic shore
processes and marine life are basically maintained in their natural condition.
10. Utilities located in flood prone areas shall be provided with adequate flood protection
and shall not be installed to increase flood hazard or other damage to life or property.
11. Flammable or toxic materials shall not be stored in areas subject to flooding.
12. Utilities shall not be installed in areas subject to geological hazards, unless it can clearly
be demonstrated that such hazards can be overcome.
LOG ITEM
# -M-
Page--S-: ot-Lb-
80
71 f(-(~ n jJfZ~/-.::r r;.t/~/V~:;
vu ;/ rt v (' (1-' /' ..c:-'
FIRST AMENDED INTERLOCAL AGREEMENT
(0;. "'....~
liJ
between
WASIDNGTON STATE PARKS AND RECREATION COMMlSSION
and
PUBLIC UTILITY DISTRICT NO.1 OF JEFFERSON COUNTY
THIS AGREEMENT is made and entered into by and between the Washington State
Parks and Recreation Commission, hereinafter referred to as the "Commission", and the Public
Utility District No.1 ofJefferson County, hereinafterreferred to as the "PUD".
northem tip of Marrowstone Island in Puget Sound. Currently Fort Flagler State Park has
its own water delivery system. The PUD provides water service to Fort Flagler State
Park pursuant to a 1984 Water Services Agreement between the Commission and the
City of Port Townsend. This Water Services Agreement was assigned to the PUD by
Port Townsend in 2002.
2. The PUD's area of jurisdiction as the Jefferson County Satellite Management Agency
(SMA) includes the entire County.
3. The PUD's water source includes wells located within the Tri-Area on the mainland.
These wells serve the PUD's Tri-Area service area, including customers on Indian Island
and Marrowstone Island. Water from the mainland serves the Indian Island Naval
Facilities, located on Indian Island, which in tum serves and meters Fort Flagler State
Park, which in tum serves the U.S. Geological Survey (USGS) Marrowstone Island
Marine Field Station (USGS Field Station). The USGS Field Station is located on
Marrowtone Island adjacent to Fort Flagler State Park and has its own water meter.
4.
the 1984 Water Service Agreement, the Commission constructed and maintains the
submarine line at its own expense. The Commission received an easement from the
Department of Natural Resources in 1972 for the constructio~a~rltrcEMse and
# {.kS
Page v. ot~.
Page 1 of 11
maintenance of the submarine line. The Agreement granting this easement is attached as
Exhibit 1 and is hereby incorporated by this reference.
5. The current water delivery system to and on Marrowstone Island serves only two
customers, Fort Flagler State Park and the USGS Field Station. It is insufficient to serve
the needs of Fort Flagler State Park and does not meet the objectives of the Commission.
Specifically, the Commission:
A. requires a source of adequate pressure and quantity for necessary fire protection
for the historic area of the State Park, primarily the Retreat Center;
B. desires to transfer use, operation and maintenance responsibilities to the PUD for
the submarine line from Indian Island to Marrowstone Island;
C. desires to improve the water delivery lines in Fort Flagler State Park to better
serve the requirements of the Park; and
D. strongly believes that an elevated storage reservoir is the preferred method of
providing the nonnal operating pressure and fire protection capability required at
the State Park.
6. In addition, the Commission's long-standing operating objective and practice regarding
water service at state parks is: (a) to transfer operation and ownership responsibility for
water utility infrastructure serving state parks to the appropriate municipal provider, (b)
and to obtain municipal water services where available and practical to achieve its
objectives for water service at state parks.
7. The PUD desires to fulfill its objective to provide water utility service, when requested to
the residents of Jefferson County and to improve water system infrastructure where
appropriate. Specifically, the PUD:
A. desires to improye the water delivery system to and on Marrowstone Island in
order to provide Marrowstone Island residents with public water;
B. to support Jefferson County Resolution 13-03; and
C. to assist the State Park Commission's goals and objectives, provided that the
system is upgraded to increase pressure and quantity for fire protect protection
capability.
8. The Commission and the PUD jointly agree that the interests of economy and efficiency
will be served if they work together to achieve the objectives recited above through a
joint project to improve, construct and maintain the current and proposed ~Gdt~
system. Such project will include the maintenance of the submarine linfbY thp. I(ib ~rl , ..
Page20fll Page. L otJ1.
the Commission, the improvement, construction and maintenance of water delivery lines
and meters within the boundaries of FOli Flagler State Park, and the construction and
maintenance of a water reservoir tank within the boundaries of Fort Flagler State Park.
Responsibility for construction and, maintenance of the water delivery lines and the
reservoir tank shall be allocated between the PUD and the Commission as outlined
below.
THEREFORE, IT IS THE PURPOSE OF THIS AGREEMENT to ~et forth the terms and
conditions for the following:
1. Transfer of maintenance and operational responsibility for the submarine line from the
Commission to the PUD, as noted below;
2. Improvement, construction and maintenance of various water lines and meters within the
boundaries of Fort Flagler State Park;
3. Construction and maintenance of a water reservoir tank within Fort Flagler State Park;
4. Transfer of ownership of the water reservoir tank, meters and certain portions of the
water lines within Fort Flagler State Park from the Commission to the PUD;
5. Long-tenn operation and maintenance of the water reservoir tank, meters and those
portions of the water lines transferred to the PUD; and
6. Long-term provision of water services to Fort Flagler State Park by the PUD.
B. STATEMENT OF OBLIGATIONS
1. The PUD hereby certifies that it possesses sufficient certificated water rights for the
contemplated project, and that such water rights are sufficient as to quantity, place of use
and place of diversion to cover the contemplated project.
2. The Commission and the PUD mutually agree that each party will have the following
obligations as to the ownership, design, construction, operation and maintenance of the
water delivery system to and on Marrowstone Island:
A. The Commission shall pay monthly PUD retail rates based upon current PUD
policies and resolutions at the same rates as any other retail customer of the PUD.
R The Commission shall design and construct the following water system
components, which shall be located within the boundaries of Fort Flagler State
Park, and which shall have sufficient water quantity and pressure capacliy, for fire
. f h hi' f h P k LOG ITt::M
protectIOn 0 t e stonc area 0 tear . #' . C,
~ '
Page 3 of 11 Page ~ ot..(,.6
r '(~
}.
1) an approximately 315,000 gallon water reservoir tank;
2) a water utility line ("main line") rumling from the submarine line to the
historic area of the Park which will serve the following Park facilities: two (2)
campgrounds, a trailer dump station (TDS), and the historic area;
3) a second water utility line ("reservoir line") rumling fi.om the main line to the
reservoir tank: which shall feed the reservoir tank and supply fire flow to the
historic area;
4) a water utility line ("distribution line") from the water reservoir tank to the
Park boundary for water distribution by the PUD to future PUD customers
located outside the boundaries of Fort Flagler State Park;
5) a sufficient number of water meters on the main line to accurately meter water
provided by the PUD to the Park facilities specified above; and
6) water utility lines ("feed lines") from each meter to each Park facility
referenced above (i.e., each campground, the TDS and the historic area).
The Commission shall design and construct the water delivery system
improvements in accordance with standard engineering practices and PUD
standards. A diagram illustrating the above listed system components is
attached as Exhibit 2, which is incorporated by reference.
c.
The PUD shall reVIew all Commission plans and specifications in a timely
manner and shall inform the Commission of any objections or comments no later
than 15 days after receipt of documents; and the PUD shall inspect, if desired, and
approve or reject, all construction within 24 hours of notification by the
Commission of the opportunity to inspect. If the PUD fails to inform the
Commission of objections, comments or rejections within the time specified by
this paragraph, the PUD will be deemed to have approved such plans,
D.
specifications or construction.
The Commission shall be responsible for performance of environmental studies
and environmental permit acquisition as required to gain regulatory agency
approvals for construction of the improvements.
The PUD shall reimburse the Commission for all design anl~~osts
for: # {61
Page-9-otLk-
E.
Page 4 of 11
1) the water reservoir tank;
2) the distribution line from the water reservoir tank to the Park boundary; and
3) all appurtenant components, e.g., altitude valves, telemetry, of the tank and
distribution line.
The PUD's obligation to reimburse the Commission for the above components
includes all design, staff, construction, and restoration (including road
restoration) costs associated with the reservoir and the distribution line.
F. Subject to formal approval by the commissioners of the Parks and Recreation
Commission and the Public Utility District Commissioners, the Commission shall
transfer, and the PUD shall accept, ownership, maintenance and operation
responsibility for the following components of the water utility system.
1) the main line running from the submarine line through the Park to the historic
area ofthe Park;
2) the reservoir line running from the main line to the reservoir tank;
3) the distribution line from the reservoir tank to the boundary of Fort Flagler
State Park;
4) all meters located on the main lines;
5) the water reservoir tank; and
6) all appurtenances associated with the listed system components.
Transfer of ownership and operation and maintenance responsibilities for the listed system
components includes all applicable and transferable warranties, guarantees, training obligations,
and related items. Transfer of ownership of the listed components shall take place at the time of
final inspection and the Date of Final Acceptance under the public works contract granted by the
Commission for construction of the system improvements. The Commission shall retain
ownership of said submarine line. The PUD shall have the use of, and shall operate and maintain
the submarine line consistent with the obligations set forth in the DNR Agreement, and as set
forth below. The use, operation and maintenance of the submarine line shall transfer to the PUD
at the execution of the easement to be granted by the Commission to the PUD described in
Paragraph J, below. The cost of ordinary maintenance of the submarine line as agreed to by the
parties shall be shared between the Commission and the PUD for a period of five years from the
date of execution ofthe easement according to the following schedule set forth below.
a. Year One - Commission 100%, PUD 0%;
b. Year Two - Commission 80%, PUD 20%;
c. Year Three - Commission 60%, PUD 40%;
d. Year Four - Commission 40%, PUD 60%;
Page 5 of11
LOG ITEM
# (1j ,
Page....-ULot..Lk-
4
e. Year Five - Commission 20%, PUD 80%.
PUD will assume 100% of the cost of maintenance of the submarine line begilming in year six.
f' ,!~\ ',> ,2"
, I~" :>
G. The PUD shall accept full ownership and liability for the operation and
maintenance of all the components listed above, except the submarine line, upon
transfer by the Commission.
H. The Commission will retain ownership, maintenance, and operational
responsibilities for the submarine line and for the feed lines from the meters to the
four Park facilities (i.e., each campground, TDS, historic area).
I. The COlmnission shall provide to the PUD all necessary easements and permits
for operation and maintenance of the reservoir, water lines, meters and
appurtenances within Fort Flagler State Park which are transferred to PUD
ownership at the time ownership is transferred to the PUD. The Easement
Agreement that shall be used for the granting of all necessary easements is
attached as Exhibit 3, which is hereby incorporated by reference. There will be
no assignment of Agreement No. 36236 granted July 27, 1972 by the Department
of Natural Resources (DNR) to State, for use of the land under the submarine line
between Indian and Marrowstone islands.
J. Except in the case of emergency, routine maintenance, and act of God, the PUD
shall provide regular and unintelTUpted water service to Fort Flagler State Park at
levels necessary for operation of the Park (in any case in an amount no less than
5.5 million gallons per year), including 1,500 gallons per minute capacity for fire
protection in the historic area of the Park, including the Environmental Leaming
Center, for as long as the Commission has a requirement for such services. The
Commission shall notify the PUD at least one year in advance should the
Commission anticipate it will require service above 5.5 million gallons per year.
The PUD shall notify the Program Manager designated by Parks at least seven (7)
days prior to any proposed temporary interruption of water service.
K. The PUD and the Commission shall comply with all Department of Health and
other state and local requirements for the provision of water as a purveyor of
public water, including obtaining all necessary pennits and all requirements as to
water quality. LOG ITEM
# L~ <1 ,
Page--U-ot~
Page 6 of 11
L. Prior to cOlmecting future "off Park" customers to the distribution line located within
Fort Flagler State Park, the PUD shall take all of the nonnal precautions customary
to protecting the quality of the water in the delivery system and reservoir located
within the Park boundalies. In no case shall the cOlmection of the parties to these
improvements result in a reduction of pressure, flow capacity or other quality of
service measures to FOli Flagler State Park.
M. If the PUD Commissioners decide that the public interest is best served with an
expanded public water system on any portion or all of Marrowstone Island, the PUD
may proceed with that plan. The Commission understands and agrees that the PUD
may expalld water service on Marrowstone Island.
C. PERIOD OF PERFORMANCE
This Agreement shall commence immediately upon execution by both parties, and may be
terminated only as provided herein.
D. INDEPENDENT CAPACITY
The employees or agents of each party who~are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
E. AGREEMENT AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not
be binding unless they are in writing and signed by personnel authorized to bind each of the parties.
F. TERMINATION AND SAVINGS
Either party may give a Notice of Intent to temlinate this Agreement or portions thereof by
providing thirty (30) days written notification only upon the occurrence of one or more of the
following events:
1. Failure of the Washington State Parks and Recreation Commission to approve the issuance
of easements or transfer of property as contemplated under this Agreement.
2. Failure of the Department of Natural Resources to issue a new easement for the submarine
line to the PUD.
3. Inability of the Commission or PUD to obtain the necessary permits for the construction of
the system components contemplated herein.
4.
Failure of the Commission to prove to the PUD's satisfaction that ~tpT@Mine is in
good working condition. # Lb cr .
Page --L1:::. ot.LL,
Page 7 ofll
The written notice shall state specifically the basis on which the party seeks tennination. Upon
receipt of written Notice of Tennination, the receiving party shall have thirty (30) days to cure the
reason for termination. The Notice of Termination shall be effective only if the occurrence giving
rise to the Notice is not cured to the non-breaching party's satisfaction within thirty (30) days.
In the event funding from state, federal or other sources is withdrawn, reduced or limited after the
effective date of this Agreement and prior to completion of improvements by the Commission, the
Commission may tenninate tIns Agreement within 30 days, subject to renegotiation under any new
funding limitations or conditions. In the event state, local or federal approvals for any work to be
performed by the Commission is not received in a timely manner, including if any such approval is
challenged in an administrative, legislative or judicial forum, the Commission may terminate this
Agreement within 30 days subject to renegotiation to accommodate state, local or federal approval
requirements. Should the Commission terminate tins Agreement after the PUD has provided
funding for the construction of its portion of the water system improvements the Commission will
reimburse the PUD for all its costs within 2 years.
G. DAMAGES
Any delay or failure in performance by either party shall not constitute a default hereunder if and
. .
to the extent the cause for such delay or failure of perfonnance was unforeseeable and beyond
control of the party. The aggrieved party shall be entitled to damages from the other party if the
cost or time of the aggrieved party's performance is changed due to the fault or negligence of the
other party and the aggrieved party incurs additional expenses or suffers a loss as a result thereof.
Both parties shall make all reasonable efforts to prevent and mitigate the effects of any delay
regardless of cause.
H. GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state
of Washington and any applicable federal laws. The provisions of this Agreement shall be
construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement,
or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving
precedence in the following order:
1. applicable state and federal statutes and regulations;
2.
3.
statement of obligations; and
any other provisions of the Agreemen~ including Exhibits incorpo":r ~M
Page80fll Page.. {. ;.ot~
I. ASSIGNMENT
The work to be provided under this Agreement, and any claim arising hereunder, is not assignable
or delegable by either party in whole or in part, without the express prior written consent of the
other party, which consent shall not be unreasonably withheld.
J. WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights under
this Agreement unless stated to be such in a writing signed by an authorized representative of the
paliy and attached to the original Agreement.
K SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which
Call be given effect without the invalid provision, if such remainder confonns to the requirements of
applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this
Agreement are declared to be severable.
L. ALL WRITINGS CONTAINED HEREIN
TIns Agreement, including all Exlnbits winch by this reference are incorporated herein, contains all
the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
M. CONTRACT~AGEMENT
The Program Manager for each of the parties shall be responsible for and shall be the contact
person for all communications and billings regarding the perfonnance of tIns Agreement.
The Program Manager - for the Commission during the design and construction phase of this
Agreement is:
Peter Kramer, PE,
NW Parks Development - Region Engineer
Washington State Parks and Recreation Commission
220 N. Walnut St.
Burlington, W A 98233
Office: 360-755-5262
Fax: 360-428-1094
Page 9 of 11
LOG ITEM
# fG, '1
Page-L.:t-ot~
and, the Program Manager-for the Commission in the Operational phase of this Agreement is:
Terry Doran
NW Region Manager
Washington State Parks and Recreation Commission
220 N. Walnut St.
Burlington, W A 98233
Office: 360-755-9231
Fax: 360-428-1094
The Program Manager for the PUD is:
Jim Parker, Manager
Public Utility District No.1 ofJefferson County
230 Chimacum Road
PO Box 929
Port Hadlock, W A 98339
Office: 360 - 385-5800
Fax: 360-385-5945
N. PRIOR AGREEMENT TERMINATED
Upon signature of both parties herein, the 1984 Water Service Agreement between the Commission
and the PUD, as successor in interest to the City of Port Townsend, is tenninated and shall be of no
force or effect.
#
Page
LOG ITEM
~61
G~ of.Jk.
Page 10 of 11
IN WITNESS WHEREOF, the parties have executed this Agreement:
Washington State Parks and
Recreation Commission
Public Utility District #1 of Jefferson County
By:
By:
Title:
Title:
Date:
Date:
Approved as to fonn only:
ROB MCKENNA
Attorney General
By/
MARKSCHUMOCK
Assistant Attorney General
Approved as to ;;:; only
~(.... \ H
this I-- day of Q.~ ~05
Attorney for the Public Utility District No.1 of Jefferson County
LOG ITEM
# (be, r
Page~ ((.J ot.L6,
Page 11 of 11