HomeMy WebLinkAboutKittitas County Fair Contract K1862 2015-17 - SIGNEDAgreement Number: K1862
STATE OF WASHINGTON
DEPARTMENT OF AGRICULTURE
FAIRS PROGRAM
AGREEMENT
This Agreement is entered into by and between the Kittitas County, a county within the
State of Washington, (hereinafter referred to as the Contractor) and the Washington
State Department of Agriculture (hereinafter referred to as the Department).
RECITALS:
1. The Department has the statutory authority to administer the Fairs Program under
chapter 15.76 RCW, the Agricultural Fairs, Youth Shows, Exhibitions Act; and
2. The Department is also given the responsibility to administer funds for capital
projects for those entities qualifying under RCW 15.76.165; and
3. The Washington State Legislature established a one-time appropriation for the
2015-2017 biennium to make grants for capital projects that make health or safety
improvements to agricultural fair grounds or fair facilities in order to benefits
participants and the fair -going public; and
4. The enabling statute also provides that local governments and nonprofit
organizations may apply to the director for grants of capital funding available on a
competitive basis (RCW 15.76.165).
NOW, THEREFORE, the parties hereto agree as follows:
1. FUNDING
The funds to be paid to the CONTRACTOR hereunder shall be a sum up to, but not to
exceed fifty-four thousand two hundred fifty dollars ($54,250.00).
2. STATEMENT OF WORK
a) Funds awarded under this performance-based Agreement shall be used solely for
a capital improvement project to replace the footings specifically in the Rodeo
Arena at the Contractor's fair facility located at 901 East 7th Avenue, Ellensburg,
WA 98926.
b) The portion of the Contractor's Application for Capital Improvement Grant Funds
pertaining to replacing the footings in the Bloom Pavilion is not funded and is not
part of the deliverables.
c) The Contractor shall perform in accordance with the terms and conditions of this
Agreement and the following exhibit; which, by this reference, is made a part of
this Agreement:
EXHIBIT A — Application for Capital Improvement Grant Funds on
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Agreement Number: K1862
behalf of the Contractor
d) All applicants who receive grant funds must follow applicable procurement
procedures.
3. SPECIAL CONDITION(S)
During the period of this contract and for a period of three (3) years following
termination of the Agreement, the Contractor agrees in consideration for the funding
received under this Agreement to provide one or more of the following Community
Benefits:
a) To use the project/capital facility in public interest in the course of holding an
agricultural fair as defined by RCW 15.76.110.
b) To charge reasonable standard admission fees for general public admission to the
agricultural fair, if applicable, and to the extent possible, provide discount or free
admission to special populations such as military families, foster families, student
groups, seniors, babies, and toddlers.
c) Provide for access to the fair and its exhibits and programs to persons of differing
abilities.
d) Where possible, making the fairground or fair facility available for rental at
reasonable or discounted cost for educational or public programs benefitting the
public interest.
e) Provide space for charity and other nonprofit community organizations to conduct
fundraising and/or educational activities.
f) Support other local groups and programs with similar interests in promoting the
welfare of farm people and rural living including the exhibition of livestock and
agricultural produce of all kinds, and exhibition of related arts and manufactures
including products of the farm home, and exhibition of educational contests,
displays and demonstrations designed to train youth.
4. CONTRACT PERIOD
a) The effective date of this Agreement shall be the date of the last signature of the
contracting parties.
b) Unless terminated earlier pursuant to provisions of this contract, the termination
date shall be June 30, 2017.
5. PAYMENT AND DOCUMENTATION OF MATCHING FUNDS OR IN-KIND
Upon completion of the capital improvement project, the Contractor shall provide
documentation up to and including receipts to the Department which detail up to the
amount to be paid for the project outlined in Exhibit A in the amount stated in this
Agreement, including documentation of the non -state matching requirements, if non -
state matching was a part of the budget for the improvement outlined in Exhibit A.
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Agreement Number: K1862
The Contractor shall provide a letter or evidence of completion of any work performed
with all invoices submitted which document satisfactory performance of the
Agreement. Before and after photos of the project are encouraged. The Department
will not pay invoices not accompanied by such documentation. All documentation
for final payment must be received no later than July 31, 2017 or the Contractor
will not be paid for the project discussed herein. Payment will not be provided
for any work conducted or purchases made after June 30, 2017.
Instead of one invoice, the Contractor may submit invoices, documentation of
satisfactory performance and proper receipts of expenses on a more frequent basis
provided it is not more than once a month.
6. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by
its own organization or that of its Subcontractors.
7. EVALUATION. REPORTING, AND MONITORING
a) The Contractor shall submit written documentation to the Department by October
31, 2016, confirming that the project will be completed by June 30, 2017, if the
project has not yet been completed.
b) The Contractor shall submit documentation to the Department when the project is
completed and confirming that the terms and conditions of this Agreement have
been met including a report of compliance with the Community Benefit provisions
of Section 3.
c) The Contractor shall cooperate with and freely participate in any monitoring or
evaluation activities conducted by the Department that are pertinent to the intent of
this Agreement, including an on-site inspection of the capital improvement project
after its completion and prior to June 30, 2017.
d) The Department or the State Auditor and any of their representatives shall have
full access to and the right to examine during normal business hours and as often
as the Department or the State Auditor may deem necessary, all the Contractor's
records with respect to the matters covered in this Agreement. Such
representatives shall be permitted to audit, examine, and make excerpts or
transcripts from such records and to make audits of all contracts, invoices,
materials, payrolls, and records of matters covered by this Agreement. The
contractors shall retain records for a period of six (6) years following completion of
the project.
8. NONDISCRIMINATION PROVISION
a) During the performance of this Agreement, the Contractor shall abide by all
applicable federal and state nondiscrimination laws and regulations, including, but
not limited to chapter 49.60 RCW, Washington's law against discrimination, and 42
U.S.C. 12101 et. seq., the Americans with Disabilities Act (ADA).
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Agreement Number: K1862
b) In the event of the Contractor's noncompliance or refusal to comply with any
nondiscrimination law, regulation, or policy, this Agreement may be rescinded,
canceled, or terminated in whole or in part, and the Contractor may be declared
ineligible under this Agreement. If that be deemed the situation, the Contractor will
not receive reimbursement for the capital project outlined in Exhibit A in the
amount identified in this Agreement. The Contractor shall, however, be given a
reasonable time in which to remedy any such noncompliance. Any dispute may be
resolved in accordance with the "Disputes" procedure set for forth in Section 21 of
this Agreement.
9. CONTRACT MODIFICATIONS
The Department and the Contractor may, from time to time, desire to make changes to
this Agreement. Any such changes that are mutually agreed upon by the Department
and the Contractor shall be incorporated herein by written amendment. It is mutually
agreed and understood that no alteration or variation of the terms of this contract shall
be valid unless made in writing and signed by the parties hereto prior to
implementation of the changes, and that any oral understanding or agreements not
incorporated herein shall not be binding.
10. TERMINATION OF AGREEMENT
a) If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner its obligations under this Agreement or if the Contractor shall violate any of
its covenants, agreements or stipulations of this Agreement, the Department shall
thereupon have the right to terminate this Agreement and deny reimbursement of
special assistance funds to the Contractor if such default or violation is not
corrected within twenty (20) days after the Department's submitting written notice
to the Contractor describing such default or violation; Provided, that if more than
twenty (20) days are required to correct any such default or violation and the
Contractor has initiated appropriate corrective measures as reasonable
determined by the Department, the Department will not terminate this Agreement
for such default or violation.
b) In the event the Contractor is unable to complete the capital project prior to June
30, 2017, in accordance with the terms and conditions as outlined in this
Agreement, the Contractor will not receive reimbursement for the capital project
outlined in Exhibit A in the amount stated in this Agreement.
c) The Department has the right to terminate the Agreement by giving written notice
to the Contractor at least ten (10) days before the effective date of termination. If
this Agreement is so terminated, the Department is liable only for payments
required under the terms of this Agreement for work completed prior to
termination.
11. WAIVER
The Department's failure to insist upon the strict performance of any provision of this
Agreement or to exercise any right based upon a breach thereof or the acceptance of
any performance during such breach, shall not constitute a waiver of any right under
this Agreement.
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Agreement Number: K1862
12. HOLD HARMLESS
a) It is understood and agreed that this Agreement is solely for the benefit of the
parties hereto and gives no right to any other party. No joint venture or partnership
is formed as a result of this Agreement. Each party hereto agrees to be
responsible and assume liability for its own negligent acts or omissions, or those of
its officers, agents, or employees to the fullest extent required by law. In the case
of negligence of more than one party, any damages allowed shall be levied in
proportion to the percentage of negligence attributable to each party, and each
party shall have the right to seek contribution from the other party in proportion to
the percentage of negligence attributable to the other party.
b) This indemnification clause shall also apply to any and all causes of action arising
out of the performance of work activities under this Agreement. Each contract for
services or activities utilizing funds provided in whole or in part by this Agreement
shall include a provision that the Department and the State of Washington are not
liable for damages or claims from damages arising from any subcontractor's
performance or activities under the terms of the contracts.
13. RECAPTURE PROVISION
In the event that the Contractor fails to expend state funds in accordance with state
law and/or the provisions of this Agreement, the Department reserves the right to
recapture state funds in an amount equivalent to the principal amount of the grant plus
interest calculated at the rate of interest on State of Washington general obligation
bonds issued most closely to the date of authorization of the grant. Such right of
recapture shall exist for a period not to exceed three (3) years following termination of
the Agreement. Repayment by the Contractor of state funds under this recapture
provision shall occur within thirty (30) days of demand. In the event that the
Department is required to institute proceedings to enforce this recapture provision, the
Department shall be entitled to its costs thereof, including reasonable attorney's fees.
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any real property improved or constructed with
funds awarded under this Agreement and does not assert and will not require any
ownership interest in or title to the capital facilities and/or equipment constructed or
purchased with state funds under this Agreement. This provision does not extend to
claims that the Department may bring against the Contractor in recapturing funds
expended in violation of this Agreement.
15. RELATIONSHIP BETWEEN THE PARTIES
The Contractor and its employees or agents performing under this Agreement are not
deemed to be employees of the Department nor agents of the Department in any
manner whatsoever, nor will they hold themselves out as nor claim to be officers or
employees of the Department or of the State of Washington hereof and will not make
any claim, demand, or application to or for any right or privilege applicable to an officer
or employee of the Department or of the State of Washington.
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Agreement Number: K1862
16. GOVERNING LAW AND VENUE
This Agreement shall be construed and enforced in accordance with and the validity
and performance hereof shall be governed by the laws of the State of Washington.
Venue of any suit between the parties arising out of this Agreement shall be the
Superior Court of Thurston County, Washington.
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:
a) Applicable state and federal statutes and rules;
b) The terms and conditions of this agreement and the Statement of work;
c) Any other provisions of the agreement, including materials incorporated by
reference.
17. SEVERABILITY
In the event any term or condition of this Agreement or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other terms,
conditions, or applications of this Agreement, which can be given effect without the
invalid term, condition, or application. To this end, the terms and conditions of this
Agreement are declared severable.
18. ENTIRE AGREEMENT
This Agreement and all attachments hereto contain all the terms and conditions
agreed upon by the parties. No other understandings, oral or otherwise, regarding the
subject matter of this Agreement and attachments shall be deemed to exist or to bind
any of the parties hereto.
19. SIGNAGE AND MARKERS
If, during the period covered by this Agreement, the Contractor displays signs or
markers or circulates any communication identifying the financial participants in the
project, any such sign, marker, or communication must identify the State of
Washington and the Washington State Department of Agriculture - Fairs Program as
participants. The provisions of this section shall also apply to any permanent signs or
markers displayed at the project site.
20. PREVAILING WAGE
The project funded under this Agreement may be subject to state prevailing wage law
(chapter 39.12 RCW). The Contractor is advised to consult with the Washington State
Department of Labor and Industries to determine whether prevailing wages must be
paid. If the project funded by this Agreement is subject to state prevailing wage laws,
the Contractor shall comply with chapter 39.12 RCW, including requiring any
contractor or subcontractor it employs to submit to the Contractor a "Statement of
Intent to Pay Prevailing Wages" and an "Affidavit of Wages Paid" as required by RCW
39.12.040. The Department is not responsible for determining whether prevailing
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Agreement Number: K1862
wage applies to this project or for any prevailing wage payments that may be required
by law.
21. DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises
between the parties and it cannot be resolved through discussion and negotiation,
either party may request a dispute hearing. The parties shall select a dispute
resolution team to resolve the dispute. The dispute resolution team shall consist of a
representative appointed by the Department, a representative appointed by the
Contractor, and a third party mutually agreed upon by both parties. The dispute
resolution team shall attempt, by majority vote, to resolve the dispute. The parties
agree that this dispute process shall precede any action in a judicial or quasi-judicial
setting.
22. CHANGE OF OWNERSHIP OR USE
a) The Contractor understands and agrees that any and all real property or facilities
acquired, constructed, improved, or rehabilitated using state funds under this
Agreement shall be held and used by the Contractor for a period of three (3) years
following termination of the Agreement for the express purpose or purposes stated
in Exhibit A or elsewhere in this Agreement.
b) In the event the Contractor is found to be out of compliance with this section, the
Contractor shall repay to the state general fund the amount of the grant and
interest as provided in Section 13.
23. HISTORICAL AND CULTURAL ARTIFACTS
Pursuant to Executive Order 05-05, in the event that historical or cultural artifacts are
discovered at the project site during construction, the Contractor shall immediately
stop construction and notify the local historical preservation officer and the state
historical preservation officer at the Department of Archaeology and Historic
Preservation. The Executive Order is included as Exhibit B and is by this reference
incorporated into this Agreement.
24. ADMINISTRATION
The contract manager for each of the parties shall be responsible for and shall be the
contact person for all communications and billings regarding the performance of this
Agreement.
The Contract Manager for the Contractor is:
The Contract Manager for the Department is:
Mickey W. Webb, Director
Teresa Norman, Fairs Program Coordinator
Kittitas Valley Event Center
Washington State Dept. of Agriculture
901 East 7th Avenue
1111 Washington Street SE
Ellensburg, WA 98926
PO Box 42560
Telephone: 509-962-7639
Olympia, WA 98504-2560
E-mail: rnicke .webb cc.kittitas.wa.us
Telephone: 360-902-2043
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Agreement Number: K1862
E-mail: tnorman a r.wa. ov
IN WITNESS WHEREOF, the parties have executed this Agreement.
STATE OF WASHINGTON
DEPT. OF AGRICULTURE
KITTITAS COUNTY
/ BOARD OFC lJ Y COMMISSI NERS
By: A By: c -
Title: Elizabeth McNa n , Administrative Title: Obie O'Brien Chairman
Regulations Z Z. Program �Manager I ��I
Date: ,� - — Z0l Date: La
By:
Title: Paul Jewell. Vice -Chairman
Date: �l �I Lp
Title: Gla Berndt, Commissioner
Date: 0l 1,51
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Page 8 of 8
Washington
SDA State Department of
1`1 Agriculture
EXHIBIT A
APPLICATION FOR CAPITAL IMPROVEMENT GRANT FUNDS
Application deadline: November 18, 2015
(See reverse for eligibility requirements & application process)
NAME OF FAIR
Kittitas Valley Event Center/Kittitas County Fair
STREET ADDRESS
901 E.7(h Avenue
CITY
Ellensburg
STATE ZIP
WA 98926
...........
NAME OF REQUESTING OFFICER (PLEASE PRINT)
MAILING ADDRESS
901 E. 7th Avenue, Suite 1
MAILING CITY
Ellensburg
APPLICATION DATE
11/17/2015
STATE ZIP
WA 198926
TELEPHONE NUMBER (INCLUDE AREA CODE) I EaMAIL ADDRESS
Mickey Webb 1509.962.7639 mickey.webb@co.kittitas.wa.us
IF YOU SUBMIT MORE THAN ONE APPLICATION FOR SPECIAL ASSISTANCE GRANT FUNDS, WHAT PRIORITY IS THIS APPLICATION (1 BEING THE HIGHEST PRIORITY)?
This application is priority number 1 of the 3 grant applications we intend to submit for this fair.
DESCRIPTION OF CAPITAL IMPROVEMENT (USE ADDITIONAL PAGES IF NECESSARY)
Redo Arena Footings Based on Kiser Reccommendations:
The Rodeo Arena and Bloom Pavilion Footings(riding surfaces) are in desperite need of repair. These footings are used
for many speed events suchas Barrell Racing, Mounted Shooting, and Roping. Due to the deterioation of the material
over the past 30 years, users have begun to see safety concerns. The footing does not have the structure necessary to hold
up to a horse at full speed and can cause injury to horse and rider. In additional the native clay in the Rodeo Arena mixed
with a thin footing base which allows rocks to migrate into the footing is of much concern. Kittitas County paid for a
consulation with Kiser Arena Specialists and I have attached the reccommendations for footing
ammendment/rep lacement.
The Kittitas Valley Event Center runs in at a deficit and is unable to secure the funds for the full project. We are currently
approaching sponsors for parts of the project to offset the overall cost including how much would actually be needed from
the Grant.
AMOUNT BEING REQUESTED FROM WSDA TOTAL PROJECT AMOUNT TYPE OF MATCH
$98,600 1$110,370 ❑ Monetary ❑ In-kind ® Both monetary & in-kind ❑ No match
DESCRIPTION OF MATCH
I have approached Friends of Fair to fund the Drainage portion of the project which will include purhased matierial and
in-house labor. In house staff will also do the intermediate tilling to mix the first layer of sand into the existing footing of
the Rodeo Arena. The remainder of the poject cost will will come out of the facility budget($4000) and additional
HEALTH / SAFETY / LEGAL REQUIREMENT OF CAPITAL IMPROVEMENT
Project is to protect the safety of the animals and riders for both arenas.
WHAT IS THE IMPACT IF YOU WERE TO RECEIVE A GRANT AWARD LESS THAN REQUESTED? CAN THE PROJECT BE COMPLETED
The project can be divided into sections if only partial funding is approved. I have BY JUNE 30,20177
attached the budget projections. ® Yes ❑ No
APPLICANT CERTIFICATION
hereby certify under penalty of perjury that the foregoing information is true and correct to the best -of (ny knowledge.
SIGNATURE OF OFF�OMPLETING APPLE Ti DATE SIGNED
AGR FORM 304-5543 (RIB/15) Page 1 of 2
Kittitas Valley Event Center/Kittitas County Fair Arena Footing Grant Budget
Rodeo Arena
Phase 1
Drainage Estimate
Phase 2
Initial Grading
New Sand Cost(2inch)
Sand Grading
Tilling Initial Layer
Phase 3
New Sand Cost(Top Layer)
New Dirt Cost(Top Layer)
Screening/Mixing of Top Layer
Final Grading
Rodeo Arena Subtotal
Bloom Pavilion
Removal of Old Footing
New Sand Cost
New Dirt Cost
Screening/Mixing
Final Grading
Bloom Pavilion Subtotal
$ 7,500.00 Paid for by Sponsorship
$ 4,860.00 See Quote
$ 7,350.00 21 Loads @ $350
$ 3,780.00 See Quote
$ 270.00 Internal Labor(6 hours @ $45 per hour)
$ 7,350.00
21 Loads @ $350
$ 11,700.00
650 cu/yd @ $18
$ 7,660.00
$5 per cubic yard
$ 3,780.00
See Quote for Sand Grading
$ 54,250.00
$ 26,060.00
$20 per yard removal.
$ 8,400.00
24 Loads @ $350
$ 12,960.00
720 cu/yd @ $18
$ 6,000.00
$5 per cubic yard
$ 2,700.00
$ 56,120.00
Total Project
$ 110,370.00
Inkind/Sponsor
$ 11,770.00
Grant Request
$ 98,600.00
KITTITAS COUNTY EVENT CENTER
R C EGRADE AND COMPACT ARENA
Rccccr Crcck Excrvaling
August 13, 2015
ESTIMATED
ITEM QUANTITY UNIT
NO. DESCRIPTION AND UNIT PRICE TOTAL
1 Grade and compact arena to .50
percent slope. 1 LS $4,500-00 4,500.00
2 Grade sand on arena 1 LS $3,500.00 $3,500.00
TOTAL ESTIMATED CONSTRUCTION COSTS:
Subtotal
Sales Tax
TOTAL
NOTES: Sand not included.
1 Ku z
Signature
Date
$8,000.00
$8,000.00
$640.00
$8,640.00
Reecer Creek Excavating, LLC. 1710 W. University Way 509-925-5692
Recommendation for Kittitas Valley Event Center
Bloom Arena- 120 X 220 (26,400 ft. 2)
I would recommend that current dirt be removed to a depth of 10 inches
all the way to the walls. If possible it would be better to remove enough so
that the entire level can be lowered 4 to 5 inches if the man hole in arena
can be moved. We can get by with 10 inches of new material, but I would
prefer 12 inches. It is so important that the floor of the arena is level to a
+/- Y2 inch.
Before installing new footing the arena should be watered to 12% moisture
then allowed to set for 12 hours before putting in new footing.
New footing should be installed in two 5 or 6 inch lifts, compacting the first
lift to 100% and the second to 80%.
Final grade should be level two within +/- 2/2 inch.
Material to be used is a mixture of clay topsoil from CLH Topsoil and sand
from the Dean Callahan pit which is 69 miles east of Ellensburg. The ratio is
60% topsoil and 40% sand. The way I would recommend mixing these two
products would be to haul the sand to Brent at CLH and have him bucket
mix the material, then run it through the screening plant. I will be glad to
help Brent from CLH figure out how to make sand and clay.
Volume of material for Bloom Arena
Black sand from Callahan 480 yd.'
Clay from CLH 720 yd.'
Contact for Clay: Brent with CLH topsoil 509-856-8801
Contact for Black sand: Dean Callahan 509-989-0101 or 509-346-2208.
Outdoor Rodeo Arena (68,489 ft.Z)
Step I- Grade arena to 1/2% slope from bucking chutes to grandstands or
north to south. Arena should also slope to southwest corner.
Step H- Lay drain tile along and as close as possible to the outside wall of
the arena with 4 inch tile in a 10 inch deep trench, then fill with pea gravel
as shown in diagram I. Tile should go out of the southwest corner of the
arena.
Step III- Spread 2 inches of sand on the arena then till to a depth of 6
inches total. Tilling should be done with the dirt as dry as possible, only
adding enough water to soften clods.
Step IV- Run a rock picker through the arena to a death and 6 inches and
repeat until as many rocks are removed as possible.
Step V- Add 5 inches of new arena mix and grade to a 1/2% slope same as
before.
Arena mix should be a 60% topsoil from CLH and a 40% Black sand from
Callahan pit. Mixing should be done the same as for the indoor.
Volume of Material for Rodeo Arena
Black sand from Callahan 422 yd.'
Topsoil from CLH 650 yd.'
General Recommendations for Facility
Proper maintenance of equipment and footing in both the Bloom and
Rodeo arenas are essential to having good safe footing. Without proper
maintenance and knowledge no matter how good the footing your arena
will fail.
I would recommend that at least your head arena maintenance employee
be sent to a Footing Academy that the LAEC conducts. It is actually much
more beneficial to have a KA S trainer come to your facility and train all of
your maintenance crew on how to care for your arenas. The one on one at
your facility will give them much more confidence in the equipment and
training on the footing that they will be working instead of someone else's
arena. The best of both worlds would be to do both.
The right equipment and knowledge of how to use it can make all the
difference in the world on the way your footing performs.
First you need a way to water both arenas that is much more efficient and
accurate than what you have now. I would recommend a water trailer of at
least 1600 gallons that is pulled by a tractor with an electric shut off. It
should have a gas engine that drives a 2 inch pump putting out at least 100
gallons per minute. It also has to have spring nozzles on the back.
You also are in desperate need of a better arena drag. This will be your
most important piece of equipment, and a lot of research should go into
this. I would recommend a 10' Kiser Dragmaster which is the most versatile
drag on the market and the easiest one to use after good instruction. There
is nothing on the market to compare with it, but if your budget does not
allow for it then look at the Kiser Speedmaster and its competitors. I will
show you the difference in all of them if you decide to go that way.
General Maintenance for Bloom Arena
I would recommend that for any cutting that is held in the Bloom Arena
that the following directions be utilized.
I- Water enough so the arena is not dusty then level.
II- Water again and let set for 4 to 6 hours.
III- Pack arena with the old water trucks. Make sure you do not turn on the
arena, drive straight back and forth.
IV- Put sand on top of packed arena being careful not to disturb packed
base. Do not turn on base at all, stay on sand as you spread it.
Sand Removal
Do not mix sand into footing while removing it. The best way is to use a
box blade to pull sand to one area to load it. Make sure you do not spin
tires or do anything that will mix sand into arena footing. The only sand
that should be used in the arena is the Black sand from Callahan pit. This is
the only sand that should be used for any purpose and your facility.
Kiser Arena Specialists * 243 CR 281 * Gainesville, TX 76240 * Office 940-665-8058
www.kiserarenaspecialists.com * E-mail: bkiser@kiserarenaspecialists.com
EXHIBIT B
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STATE € F 'WASHIN"I O
OFF -ICH OF THE GOVERNOR
RO. Sox 4-0002 R Olympia, t4:t 4?ingtrr 38504-06102 • (36-0? :'53-6780 gcrd'eYnrr, s .Vv
EXECUTIVE ORDER 05-05
ARCHEOLOGICAL AND CULTURAL RESOURCES
WHEREAS Washington has a rich and diverse cultural heritage, as represented
by the numerous archaeological and historic sites that have been identified and located
throughout our state; and
WHEREAS preservation and protection of these sites provides educational and
cultural values for all citizens and leads to better understanding between cultures of our
shared history; and
WHEREAS many citizens of Washington contribute their time and efforts to
preserve and protect Washington's unique archaeological and historic sites, and
traditional cultural places; and
WHEREAS these sites and places hold special cultural, historical, and spiritual
significance for both tribal members and citizens of Washington; and
WHEREAS the Department of Archaeology and Historic Preservation (DAHP)
and the Governor's Office of Indian Affairs (GOIA) have key statewide responsibility
to enhance the public's awareness of the need and value of protecting Washington's
heritage and establish effective consultation with Native American tribal governments.
NOW, THEREFORE, I, Christine O. Gregoire, Governor of the state of
Washington, hereby order all state agencies to:
1. Review capital construction projects and land acquisitions for the
purpose of a capital construction project, not undergoing Section 106 review under the
National Historic Preservation Act of 1966 (Section 106), with the DAHP and affected
Tribes to determine potential impacts to cultural resources. This review shall be
required on all capital construction projects unless they are categorically exempted by
DAHP. Cultural resources are defined as archeological and historical sites and artifacts,
and traditional areas or items of religious, ceremonial and social uses to affected tribes.
This review should be done as early in the project planning process as possible. Should
DAHP identify a known culturally significant site in the area of a project, or should
DAHP inform the agency of the potential that such a significant site is likely to be
found in a project locale, the agency shall:
A. Work with DAHP and affected Tribes on appropriate
archaeological survey and mitigation strategies consistent with state and federal
laws.
B, Consult with affected Tribes in a way that includes a face-to-face
meeting or other agreed upon method to discuss the project before a state agency
completes the project design. The agency will work with GOIA and DAHP to
identify affected Tribes and, if needed, seek their help to arrange a meeting to
discuss the project in question. If an agency is unable to arrange such a meeting,
it will promptly notify GOIA and DAHP of the situation.
C. Take reasonable action to avoid, minimize or mitigate adverse
effects to the archeological or cultural resource.
D. Notify DAHP and GOIA, in advance, of any meeting with
affected Tribes during whichmatters concerning cultural resources related to a
capital construction project will be discussed, and extend invitations to both
agencies to attend any such meetings. If representatives from DAHP or GOIA
cannot attend, the agencies will provide DAHP and GOIA with detailed meeting
notes.
2. Submit all agreements between state agencies and affected Tribes
concerning cultural resources that are developed outside the Section 106 process for
review and comment to DAHP. DAHP's review and comment on any such agreement
must occur before the agency can sign such agreement. Consult with DAHP and
affected Tribes during project design and prior to construction on projects not
undergoing Section 106 review, as a condition to receiving state grants or loans for the
purposes of a capital construction project. Should either DAHP or the affected Tribes
identify cultural resources affected by the proposed project, the state agency or agencies
will ensure that the grant recipient finds reasonable ways to avoid, minimize or mitigate
impacts to the resource before state funding is disbursed. State agencies shall take steps
to insure that this type of review is incorporated into their grant and loan management
process.
3. The Office of Financial Management is directed to include in its capital
budget instruction a requirement that agencies consult with DAHP and GOIA, as
appropriate, as part of the budgeting process for pre -design, design and construction.
4: To the extent that they have not already received training, all appropriate
state agency employees managing capital construction projects or pass through capital
grants will attend Government -to -Government training and Cultural Resource training
provided by GOIA and DAHP.
5. By January 15, 2007, DAHP shall report back to the Governor's Office
and the Office of Financial Management on the implementation of this executive order
including any recommendations on ways of improving implementation.
2
I invite institutions of higher education, public schools, statewide elected
officials, boards, commissions, and others to implement the practices herein described
within their agencies.
This executive order takes effect immediately.
BY THE GOVERNOR:
Secre'M6 of tate ��
IN WITNESS WHERE OF, I have
hereunto set my hand and caused the seal
of the state of Washing(on to be affixed at
Olympia (Itis 1 Oa' day vi' Novemhet•, Two
Thousand and Five.
CHRISTINE O. GREGO1Rf:
Governor of Washington