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Certificate Acceptance Qualification Agreement - Interlocal Agreement GCA-5206 Purdy Cut-Off Road Detour Agreement THIS AGREEMENT is made and entered into this 1 7-day of /7R y pco7 between the STATE OF WASHINGTON,Department of T sanr portation, hereinafter the"STATE," and Mason County, Department of Public Works, P.O. Box 1850, Shelton, Washington 98584, hereinafter the"COUNTY,"individually referred to as"PARTY" and collectively as "PARTIES." WHEREAS,the COUNTY is planning an improvement project to reconstruct the pavement structure of the Purdy Cut-Off Road, hereafter the"PROJECT"; and WHEREAS, each year the STATE must detour STATE traffic onto Purdy Cut-Off Road when US 101 or State Route 106 are closed due to accidents, floods, landslides or other emergency situations; and WHEREAS, the STATE's detoured traffic would reduce the effective service life of the COUNTY's Purdy Cut-Off Road; and WHEREAS, the STATE wishes to contribute a one time, lump sum amount as a Fifteen (15)Year Detour Equivalent Life Cost toward the COUNTY's PROJECT, NOW,THEREFORE, pursuant to RCW 47.08.070 and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits A and B which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GENERAL 1.1 The COUNTY agrees to allow the STATE to use the Purdy Cut-Off Road as a detour route between its intersection with US 101 and with SR 106, when US 101 and/or SR 106 are closed due to accidents, floods, landslides or other emergency situations. The Purdy Cut-Off Road is shown by the shaded area on Exhibit A. 1.2 The STATE agrees to contribute a one time, lump sum amount of Sixty-five Thousand Dollars($65,000.00) toward the PROJECT as a 15 Year Detour Equivalent Life Cost as shown in Exhibit B. 1.3 The COUNTY shall notify the STATE of the completion of the COUNTY's PROJECT within 30 days after PROJECT completion. 1.4 The STATE agrees that if single or multiple emergencies require the use of the Purdy Cut-Off Road as a detour route for a continuous duration exceeding seven (7) calendar days, the STATE shall pay the COUNTY Eight Hundred Seventy Dollars ($870.00) for each additional day exceeding seven (7) continuous days that the Purdy Cut-Off Road is used as a detour route. GCA-5206 Page 1 of 1.5 Use of the Purdy Cut-Off Road as a detour route for non-emergencies, such as STATE construction projects, is not covered by this AGREEMENT. However, construction traffic, associated with the emergency repair of US 101 and/or SR 106 during the emergency detour period, will be permitted to use the Purdy Cut- Off Road as provided in this AGREEMENT at no additional cost to the STATE. 1.6 The COUNTY will provide all maintenance and be responsible for all damages to the Purdy Cut-Off Road resulting from emergency detour use under this AGREEMENT at no cost to the STATE. 2. PAYMENT 2.1 The STATE agrees to pay the one time,lump sum amount of$65,000.00 to the COUNTY upon execution of this AGREEMENT to be spent by the COUNTY toward the PROJECT. 2.2 Should the COUNTY fail to complete the PROJECT within twenty-four(24) months from the date of this AGREEMENT, the STATE may request, through written notice to the COUNTY, return of the STATE's contribution paid to the COUNTY. Should the STATE make such a request, the COUNTY agrees to return said contribution within sixty(60) calendar days from the receipt of said request. 2.3 The COUNTY may bill the STATE for additional detour use in accordance with Section 1.4. The STATE agrees to pay for the additional detour use within thirty (30) calendar days from the receipt of said billing. 3. AMENDMENT 3.1 This AGREEMENT may be amended by mutual agreement of the PARTIES. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the PARTIES. 4. TERMINATION 4.1 The COUNTY may terminate this AGREEMENT with written concurrence of the STATE. 4.2 The STATE may terminate this AGREEMENT, in whole or in part, immediately upon written notice to the COUNTY, or at such later date as the STATE may establish in such notice. 5. INDEPENDENT CONTRACTOR 5.1 The COUNTY shall be deemed an independent contractor for all purposes and the employees of the COUNTY or any of its contractors, subcontractors, consultants, GCA-5206 Page 2 of 4 and the employees thereof, shall not in any manner be deemed to be employees of the STATE. 6. INDEMNITY 6.1 The COUNTY shall protect, defend, indemnify, and hold harmless the STATE, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgments, and/or awards of damages (both to persons and property), arising out of, or in any way resulting from the COUNTY's construction, operation and/or maintenance of the PROJECT and the Purdy Cut-Off Road pursuant to the provisions of this AGREEMENT. The COUNTY will not be required to indemnify, defend or save harmless the STATE if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the sole negligence of the STATE. Where such claims, suits, or actions result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY's own negligence. 6.2 The COUNTY remains solely responsible for third party damages to Purdy Cut- Off Road facilities during emergency detour events. 6.3 This indemnification and/or waiver shall survive the termination of this AGREEMENT. 7. DISPUTES 7.1 In the event that a dispute arises under this AGREEMENT, it shall be resolved as follows: The STATE and the COUNTY shall each appoint a member to a disputes board,these two members shall select a third member not affiliated with either PARTY. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute. The PARTIES shall equally share in the cost of the third disputes board member. 8. VENUE 8.1 In the event that a PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action or proceedings shall be brought in Thurston County Superior Court. 9. RECORDS 9.1 All records relative to payments made under Section 2 shall be maintained by the COUNTY for a period of three (3) years from completion of the PROJECT. The GCA-5206 Page 3 of 4 state and/or federal governments or their representatives shall have full access to and right to examine said records during normal business hours and as often as it deems necessary. 10. TERM OF AGREEMENT 10.1 Unless otherwise provided herein, the term of this AGREEMENT shall commence as of the date this AGREEMENT is entered into and terminate fifteen (15) years from completion ofthe COUNTY's PROJECT. 10.2 Should the COUNTY fail to complete the PROJECT,this AGREEMENT shall terminate upon the return of the STATE's contribution(see Section 2.2). IN WITNESS WHEREOF,the PARTIES hereto have executed this AGREEMENT as of the day and year first above written. MASON COUNTY STATE OF WASHIN ON DEPARTMENT OF NSPORTATION By: By: Title: F Title: Printed Name: ,C Kevin J. Dayton, Region Administrator Date: Date:lwt`Z Za-,X APPROVED FO f, APPROVED AS TO FORM By: ssist t Prosecuting Attorney ssistant Attorney General Date: Q Date: _07 GCA-5206 Page 4 of 4 apt /1/ 1 N Q O Q C � SIa.M CJ[S] VI yc mrlJ ec rC 5 Jr> �a aaq ppmL,r4 46ti f Cp 3 0 g a s 3 Q i v — n� �9 e=aploH OIO � _. •••.•.•y .•.. v \ %. ' n nb��._ i I HS/gO� si ELI Vaa ?oo ns - o p O� rl fli sILLa r ,d t ... z pp _ J a � ! � __. . ._.L. �................. SNP p �C GCA-5206 Exhibit B Purdy Cut-Off Road Detour Route for US 101 and/or SR 106 Traffic Estimate of Costs: Average Use Per Year for Emergencies 5 Days (Days) Roadway Section after Overlay 3"HMA 2" 1992 Overlay 1"Misc. BST's 4"CSBC Calculated Pavement Life (ESAL's) 410,000 SR 101 Traffic 6,500 ADT 9% Single Trucks 4% Double Trucks 1% Triples Calculated ESAL's/Day 610 Paving Project Estimated Cost $575,000 15 Year Detour Equivalent Life Cost $64,162 STATE's one time, lump sum Cost $65,000 15 Years x Average Days/Year x ESAL's/Day x Project Cost/ESAL Life GCA-5206 Exhibit B Page l of I