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HomeMy WebLinkAbout2015-10-26-minutes-public-works-study-sessionG AOEfi...TpTH�co;4 KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS@CO.KITTITAS. WA.US Office (509) 962-7506 --�� �- - "Building Partnerships — Building Communities" Fax (509) 962-7682 KETTITAS COUNrY PW STUDY SESSION MINUTES October 26, 2015 THOSE PRESENT: Gary Berndt, Paul Jewell, Obie O'Brien (BOCC) Stephanie Mifflin, Doe Hansen (CDS) Mark Cook, Doug D'Hondt (PW) GUESTS PRESENT: None. ***Mark Cook requested to add Fixed Based Operator Services at Bowers under Other Business on the agenda. The Board approved the request. Jacobs Contract Change Request.- Mark equest.Mark gave a brief history on the original contract and stated that $5,000 is out of the management reserve leaving $23,000. Paul stated it is not uncommon to transfer funds between tasks. Mark stated as long as the money does not exceed the original total, funds can be transferred within the contract. Board Direction: Move forward with change request. Public Facilities Draft Fundine Aereement: Mark stated he reworked the lodging tax funding proposed document for 2016. Mark stated they will be funding the Chamber of Commerce and Bathroom in Cle Elum. Mark stated he spoke to the Conference of Governments (COG) about projects that could be fully funded and will be sending COG new score sheets and other projects. Commissioner O'Brien stated each entity was represented at COG and the performance contract was accepted by the COG group. There was discussion on reserve funds, current projects, and emergency funds that could be used. There was discussion of the order of the exhibits and what should be within the exhibits. Commissioner Berndt recommended that our Prosecuting Attorney review the agreement. Board Direction: Have PA review the agreement. Kittitas Countp Conservation District Coleman Creek Siphon Mark explained the project is to remove irrigation water from Coleman Creek. Mark stated the District has awarded a contract and do not have any money left. Mark stated the County is to offer up $85,000 in reserve funds for this project. Mark stated he would like to enter an interlocal agreement with the Conservation District. There was discussion on the agreement and edits that should be made. Mark stated he will present a resolution. Board Direction: None. Other Business- Fared Based Operator Services at Bowers Mark presented the Board with the current agreement with Midstate Aviation. Mark stated Exhibit B is to be replaced and that they will look at services annually. Mark stated he will bring this back at the next study session. Mark Coot, pkWar X Oble O'Brien, Chakmn COMMUNITY PLANNING • BuiLDINr, INSPECTION • PLAN REVIEW • ADMINISTRATION' PERMr. SERVICES • CODE ENFORCEMENT KITTITAS COUNTY COMMISSIONERS REGULAR MEETING PUBLIC WORKS STUDY SESSION MONDAY, OCTOBER 26, 2015 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Jacobs Contract Change Request 3. Public Facilities Draft Funding Agreement 4. Kittitas County Conservation District Coleman Creek Siphon 5. Other business 6. Adjourn Created on 10/22/2015 4:25:01 PM KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION! DATE: October 26, 2015 TOPIC: Jacobs Contract Change Request ACTION REQUESTED: Supplement the Current Jacobs Contract (Naneum, Wilson, and Cherry Creek Watershed Assessments) LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepare appropriate contract documents and resolution for Board of County Commission action supplementing the Current Jacobs Contract (Naneum, Wilson, and Cherry Creek Watershed Assessments. BACKGROUND: Jacobs is currently conducting professional services assessing the Naneum. Wilson and Cherry Creek watersheds (Resolution 2015.003). Recently, Public Works received a request to move money within the contract supporting ongoing professional services. The current contract scope of work limits contract expenditure to $522,409. Public Works now has received the additional funding allowing full implementation of the contract scope of work ($652,328). DISCUSSION: Jacobs is requesting $5,000 be moved from the management reserve covering costs to Jacobs Task 04. It appears that Jacobs is now completing the originally scoped work targeted for Kramer Consulting Inc. ($17,951). Releasing the additional $129,969 towards full implementation of contract scope is consistent with original approval documents. A contract amendment is required authorizing expenditure of the remaining $129,969. A change management plan is also desired allowing future shifts between budgeted tasks within the approved contract — without having to return to the Board of County Commissioners for approval. FISCAL IMPACTS: Moving $5,000 from the management reserves reduces the reserve to $23,997. Shifting $17,951 from a sub -consultant to Jacobs does not impact contract value. Adding the remaining $129,969 is consistent with original contract approval. ATTACHMENTS: EXHIBIT 1: Jacobs Request Letter Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT October 8, 2015 Kittitas County Department of Public: Works Attn: Mark Cook, Public Works Director Christina Wollman, Floodptain/Project Manager 411 North Ruby Street, Suite 1 Ellensburg, WA. 98976 800108th Avenue, N.E., Suite 700 Bellevue. Washington 98004 U S.A. 1.425.452.8000 Fax 1.425.1212 Subject: Release of funding for the Naneum, Wilson, and Chert' Creek Watershed Assessment Dear idfark and Christina: As per our conversation(s) ,last week I am requesting that you release $129,969 that was placed on hold at the time of contracting due to a delay in funding acquisition for the Naneum, Wilson, Cherry Creek )Natershed Assessment. This funding was associatedh portions of Tasks 01, 02, 03, , 06, 07, and 08. Jacobs has worked with you to be flexible in our or 04 ject/budget management to bridge the funding gap and manage change. We have accomplished this by allocating funds from budgeted tasks to address project needs as they arise and track these changes in a project change management log. (see attached) Our fee proposal for the assessment was $652,378. it was our understanding, while this amount was authorized for expenditure, if is conditionally limited to $522,409 until additional funds were acquired, and authorized by Kittitas County Public Works. This limitation is detailed within the attached LAG Contract Exhibit Al. (see attached) I am asking to make a few changes to the allocation of the project budget due to the following needs of the project: v Change No. 1 — Whiskey Creek Early Alternatives Analysis - Transfer $5,000 from Task 100 Management Reserve to Jacobs Task 04 Alternative Screening. Change No. 5 — Eliminate Kramer Consulting (an Olympia based firm specializing in Stakeholder involvement) and transfer the $17,951 to Jacobs Task 02. Jacobs has a local Project Manager and Deputy Project Manager at a lower base with no travel cost and relationships with local stakeholders. Jacobs has been been providing stakeholder involvement by transferring funds from other tasks and supporting new tasks such as the Advisory Committee without requesting a budget supplement This change would allow Jacobs to adjust the negative budget on Task 02 and to continue to provide supplemental stakeholder involvement for the project without request of a supplemental task budget change. If you have any questions regarding this request, please contact me at 509.312-9398. Sincerely, Jason Smith Jacobs PNW Environmental Manager Attachments: LAG Contract Exhiblt A-1 Project Change Management Log P11MdX7oZ0CY W CwAgWU_Rm%mmrPwdmLRr74&15da Exhibit A-9 Scope oi Work Project No. Documents To Be Fumished By The Consultant 1 1MM.' ■1 - 1 : 1 11 ■ 1 ■ 1 s1 ......../.- DOT Fon 140-M EF Ed"A-1 H/vind dW ti IL JS b ro W O 2 ¢1 d O S H J2 pC E to .r tl v ` ��ITi► j}Q� I tl p� CM rCMLffi,ap �� 6.1 E os a or 14 pp m ty i P m d N E CL C E on A ado otl. ro � in in S • � S: � � E O C Y� a S E N E p gyp,{ tv y .Y P itl a O 44 0 N t/i 14.0 4ft . E fir tl W 0 8 iA 7 pp A 06 Id Id L c 32 Y 4 a wWF Q a e Z ■s N fn V MR � A 2 2 _ If�CL &���-»�■ S:22K�ok �0_.2-� o-7 to -4;2 ��£�E�■� �R_e■$ � 3 § I � k $ a a 0 L jk�� 2 » 2 � CL S ■ KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Mark R. Cook October 26, 2015 Public Facilities Draft Funding Agreement Approve the Agreement Templaiie RECOMMENDATION: Approve the draft public facilities funding agreement template for use when awarding 2016 funding. BACKGROUND: Recently, staff met with the Board of County Commissioners (BOCC) discussing potential awards from Distressed County Sales and Use Tax distribution. A majority of the Board directed staff prepare a funding award template for use in 2016 funding award distribution. DISCUSSION: Staff has prepared a draft template for BOCC consideration. The model is built using the County's Lodging Tax distribution model. FISCAL IMPACTS: None ATTACHMENTS: Exhibit 1: Draft Funding Agreement Template Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT 2016 DISTRESSED COUNTY SALES AND USE TAX INFRASTURCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND This Contract, dated , 2415 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and ("Funding Recipient"). WHEREAS, the purpose of this Agreement is to provide for public facility construction and foster economic development opportunities within Kittitas County; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the County and the Funding Recipient mutually agree as follows: Section 1. Scope of '.fork. a. Funding Recipient shall provide the services and staff described in its Application for Funds submitted to the Council of Governments, attached hereto as Exhibit "A" which is attached hereto and incorporated herein by this reference. b. Except as otherwise specifically provided in this Agreement, Funding Recipient shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance with this Agreement: Personnel, labor and supervision; technical, professional and other services. All such services, property and other items furnished or required to be furnished, together with all other obligations performed, or required to be performed, by Funding Recipient under this Agreement are collectively referred to herein as "Services." c. Funding Recipient shall commence, perform and complete such Services in accordance with Exhibit "B" which is attached hereto and incorporated herein by this reference. Section 2. Payment. a. As full compensation for satisfactory performance of the Funding Recipient Services, the County agrees to pay Funding Recipient the sum of text ($). b. Additional payment terms: The County will make payment to the Funding Recipient only on a reimbursement basis, as receipts for any items including marketing and/or advertising are submitted to the County, not to exceed the sum of text($). c. Services/Expenses that are reimbursed must be dated during the current year and final date to submit reimbursements requests is January 15, after this date funds lapse_ d. Requests for reimbursements must be submitted to: Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement I Kittitas Public Works f=inance Director Attn: Kathy Jurgens 411 North Ruby, -- Suite 1 Ellensburg, WA 98926 kath .'ur ens co.kittitas.wa.us e. Reporting requirements of your events will be required on prescribed forms from the Kittitas Public Works Department. Section 3. Performance by Funding Recipient, a. Funding Recipient shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Funding Recipient shall at all times be an independent Funding Recipient and not an agent or representative of the County with regard to performing the Services. Funding Recipient shall not represent that it is, or hold itself out as, an agent or representative of the County. In no event shall Funding Recipient be authorized to enter into any Agreement or undertaking for or on behalf of the County. It is understood that the Funding Recipient and the Funding Recipient's staff and employees are not employees of the County and are not, therefore, entitled to any benefits provided employees of the County. c. Funding Recipient shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Funding Recipient shall furnish such documents as may be required to effect or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference_ Funding Recipient agrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement. d. The County and the Funding Recipient agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap. e. The Services shall at all times be subject to inspection by and approval of the County, but the County's making (or failure or delay in making) such inspection or approval shall not relieve Funding Recipient of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non -complying performance, or the substantiality or ease of discovering the same. Funding Recipient shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agree eentt 2 This contract is subject to review by any Federal or State auditor. Funding Recipient shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Funding Recipient shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (6) years after contract termination. For such duration after the County makes final payment of compensation due hereunder, Funding Recipient shall provide the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Funding Recipient's books, documents, papers and records related to the Services or this Agreement. g. Funding Recipient understands and acknowledges that Funding Recipient is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature, arising from Funding Recipient's performance of this Agreement. All compensation received by the Funding Recipient will be reported to the Internal Revenue Service at the end of the calendar year in accord with the applicable IRS regulations. Section 4. Release, lndemnilt*f, and Hold Harmless. The County assumes no liability for the Funding Recipient's actions under this Agreement. Funding Recipient releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: Any fault, negligence, strict liability or product liability of Funding Recipient in connection with the Services for this Agreement; Any lien asserted upon any property of the County in connection with the Services for this Agreement; o Any failure of Funding Recipient, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or Any breach of or default under this Agreement by Funding Recipient. Section 5. Compliance with Public Records Law. a. In compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. In the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Funding Recipient pursuant to Washington's public records act, chapter 42.56 RCW, to allow Funding Recipient to seek a court injunction. Distressed County Soles and Use Tom infrastructure Improvement Program Funding Agreement Page 3 c. The County specifically shall not be liable to Funding Recipient for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Section 6. Industrial Insurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional Insureds, officers, agents and employees, the Funding Recipient expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to Funding Recipient's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Funding Recipient. This waiver is mutually negotiated by the parties to this Agreement Section 7. Insurance and Endorsements. a. The County may require through a request in writing that the Funding Recipient provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect Funding Recipient, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Funding Recipient or any of its employees, agents or representatives. c. Should the County require such liability insurance, the Funding Recipient agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Funding Recipient shall be attached to this Agreement and by this reference will be made part hereof. e. Where insurance is requested by the County, all liability insurance policies shall be endorsed to include the County as an Additional Insured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be excess and not contributory to any other insurance maintained by the County. Funding Recipient shall furnish the County a certificate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section 8. Termination. The County may, by written notice thereof to Funding Recipient, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Funding Recipient is in breach or default. Upon receiving such notice of termination, Funding Recipient shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. In the event the County terminates the Funding Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 4 Recipient's Services, the Funding Recipient is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Funding Recipient, if any, as of the date of the notice of termination. Section 9. Miscellaneous. a. Funding Recipient shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Funding Recipient, and supersedes any and all prior oral or written communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Funding Recipient to the Kittitas County Commissioners and the Kittitas County Public Works Director, 411 North Ruby, Suite 1, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Funding Recipient shall be given to the Funding Recipient's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certified mail, return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Funding Recipient warrants to the County that the individual signing on Funding Recipient's behalf has the requisite power and authority to enter into and to perform Funding Recipient's obligations under this Agreement. Funding Recipient further warrants to the County that Funding Recipient has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Funding Recipient's ability to perform its obligations under this Agreement. g. if any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications 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. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. Distressed County Sales and Use Tax Infrastructure improvement Program Funding Agreement Page 5 KITTITAS COUWY BOARD OF COUNTY COM'MISSIORERS FLIHOING RECIPIEK Chair Vice- Chair Commissioner ATTEST: Clerk of the Board APPROVED AS TO FORM: Deputy Prosecuting Attorney Representative Address Telephone Distressed County Soles and Use Tax Infrastructure Improvement Program Funding Agreement Page 6 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION DATE: October 26, 2015 TOPIC: Kittitas County Conservation District (KCCD) Coleman Creek Siphon ACTION REQUESTED: Authorize the Chairman Sign an Interlocal Agreement with KCCD Providing a Maximum of $85,000 towards Project Construction LEAD STAFF: Mark R. Cook RECOMMENDATION: Authorize the Board of County Commission Chairman sign an interlocal agreement with Kittitas County Conservation District providing a maximum of $85,000 towards project construction (Coleman Creek siphon). Allow the County Engineer approval authority releasing construction change order funding following review of all funding requests not to exceed $85,000_ BACKGROUND: The following project summary is provided by the Kittitas County Conservation District (KCCD): "The Kittitas County Conservation District proposes to construct a siphon at the intersection of the Ellensburg Water Company (EWC) canal with Coleman Creek east of Ellensburg, WA and replace the EWCs existing upstream diversion with a structure that includes a fish screen and fishway to provide fish passage. This project is one in a series designed to provide safe fish passage in the lower five miles of Coleman Creek. Projects have already been completed to provide passage into the first two miles, as well as provide fish screens to protect fish from entrainment and gain Trust Water for instream flow through irrigation efficiency improvements. This project will improve fish access for Spring Chinook and Mid -Columbia Summer Steelhead." The current bridge structure over the irrigation channel is in poor condition. It is one of the County's worst under 20 foot bridge structures. Replacement costs for the bridge are expected to exceed $300,000. Recently, Public Works took action removing Colockum Road from the 2016-2021 six-year transportation plan ($85,000 in local funding). Page 1 of 6 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: Investing local funding (up to $85,400) removing the bridge over the Ellensburg Water Company (EWC) saves significant future investment in local program funding. The resulting culvert becomes the ongoing maintenance responsibility of EWC. Allowing the County Engineer change order authority (up to $85,000) creates efficiencies for the KCCD in project administration and allows proper oversight of County funds. It is likely that not all of the change order amount ($85,000) will be necessary completing the project. FISCAL IMPACTS: $85,000 in local program funding currently exists supporting the KCCD construction project. This is the project amount recently removed from funding of Colockum Road improvements (2016-2021 six-year plan). ATTACHMENTS: Exhibit 1: Project snapshot Exhibit 2: Bridge photos Exhibit 2: Electronic mail from KCCD detailing project funding Exhibit 3: Proposed Inter -local Agreement with KCCD Page 2of6 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Project Snapshot Page 3 of 6 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT wmmm4ton srAtE Recreation and Conservation Office Project Details �. n'�l�.,xd rr"•I:IS: :.tG •nmartl.M'1 `"r-, `�A'�:er w PCO aCi Coordinates: 47.00400754 -120.45714108 V74o.:sites Applied Received Proposed Restoration Workshe Name Scope of Work Cost siphon and diversion site Architectural & Engineering (ASE), Cultural resources, Fish $542,623 (#1) passage blockages removed or altered (C.2.c.1), Fish o4120r2oio screens Insialled (C. 1.c.1), Traffic control 080414 -14 -BPA Total #542,623 P. opQit!es 03/18/2017 Landowner 07/01/2014 Woreske Name Property :Mame Type 07/31/2014 entered directly into PRISM siphon and diversion site (#1) Properly 1 - EWC Canal- Private 08/f2/2014 Coleman Cr Intersection 03118!2017 NWS- 2014-828 siphon and diversion site (#1) Properly 2 - ©fensburg Water Private needed and, if so, how much. Company Diversion 11130/2014 Will be conducted by BPA. Attach documents to PRISM Total 08/1212014 P:Oj2C'L '-SiPICS (Ot�QCOi"]aSr BEICa�!$S) 03131/2017 2014-3-10+01 Category I Work Type I ]Aetric Proposed Restoration Metrics (rolled up from Workske level) 12/3112015 WAR302974 Fish Screening Project Fish screens Installed (C.1.c-1) Number Of Fish Screens Installed (C.t.c.2) i The Flow Rate Of Screened Wader (C.i.c.3) 15.00 Fish Passage Improvement 07124!2014 Fish passage bloclmges removed or aUered (C.2.c.1) 08/3=017 DNS 14-052 Number of BlockagesllmpedimentslBarriers RemovedlARered (C.2.c.7) 2 Fish ladder Installed I Improved (C.2 -e.1) Number of Fish Ladders lnstalledllmproved (C2.e.2) i Number of blockages 1 Impediments 1 barriers impeding passage 1 fC.2.b.41 Project Permits Prroject Mles�onss Milestone Name Applied Received FatpirsUan Parmk7ype Date Date Date Permit Number Cultural Assessment [Section 1061 o4120r2oio 110512014 080414 -14 -BPA Endangered Species Act 09/1012014 12/2912014 03/18/2017 Compliance [ESA] 07/01/2014 Progress Report Submitted 07/31/2014 entered directly into PRISM Dredge/HU Permit [,*cion 101404 08/f2/2014 12129/2014 03118!2017 NWS- 2014-828 or 404] needed and, if so, how much. Cultural Resources Complete 11130/2014 Will be conducted by BPA. Attach documents to PRISM Hydraulics Pro]ed Approval IMPA] 08/1212014 10/2712014 03131/2017 2014-3-10+01 Water Quality Certiftcation [Section 05/12/2014 04128!2015 12/3112015 WAR302974 401] Shoreline Permit 08/12/2014 SEPA 07124!2014 07/2912014 08/3=017 DNS 14-052 Prroject Mles�onss Milestone Name Target Date Description Project Start 12/08120111 Annual Project Blflirg 0713112012 and a1 least once per year thereafter Progress Report Submitted 11/3001012 entered drecty Into PRISM Progress Report Submitted 01/31/2013 erdered directly tale PRISM Progress Report Submitted 07131/2013 entered directly into PRISM Annual Project Billing 0713112013 Progress Report Submitted 01/3112014 entered directly Into PRISM Applied far Permits 07/01/2014 Progress Report Submitted 07/31/2014 entered directly into PRISM Annual Project Billing 0713112014 Special Conditions Met 1011512014 Inform RCO whether or not remaining funding award Is needed and, if so, how much. Cultural Resources Complete 11130/2014 Will be conducted by BPA. Attach documents to PRISM confirming cult res consultation rornplele for ALL ground disturbing activities Final Design to RCO 07/15/2015 Final design, design report, construction specs, quantities and costs, and bid documents attached in PRISM Progress Report Submitted 01!3112015 entered directly into PRISM Permits Complete 07/01/1015 Annual Project Billing 07/31/2015 Progress Report 5ubmttled 07131/2015 entered directly into PRISM Landowner Agreement to RCO 09/0112015 Bid Awarded/Contractor Hired 10/0112015 Stewardship Plan to RCO 10101=15 (ff separate from landowner agreement) Restoration Started 1013112015 Restoration Complete 11/30/2015 Final Report in PRISM 11!3012015 Final Design to RCO 11/3612015 Ps -built drawings attached In PRISM. N different from final design RCO Final Inspection 12115120i5 Agreement End Date 12/3112015 Final Billing to RCO 0313112016 NOTE- TTNB data is subiect to chenae. Project Atte-61m3rits Attachment Type Attachment Title Attach Date Agreement - State 11-1525 AgreemenLpdf 04/03/2012 Amendment- State 11-1525 Amend #5 Intetmal-Agreerrnnt Description Change.pdf 04/0912015 Amendment - Stale 11-1525 Amend 92 Cast Change.pdf 07/0812014 Amendment - Stale 11-1525 Amend #1 Time F-xtension.pdf 06!2412014 Correspondence Oknstead- Confirmation of Intent to Screem.pdf 08123/2011 Correspondence Response to Review Panel Comments 11-1525.doex 07/2912011 Correspondence DAHP 2010 CultLwW Resources Letter.pdf 01112!2011 Correspondence Cultural Resources 2010 Exemption l3sLpdf 01/1212011 Cost Eatirnate Cost Estimate - Supplemental Budget MVC-Colemanids. 08123!2011 Design document Te&rderl Specs , EWC at Coleman.pdf 01/14/2015 Design docrrnenl EWC-Coleman Final Deslgns.pdf 0111412015 Design document 89% designs for EM Cenal/Coleman Creek Projectpi f 06/0712010 Landowner Landowner Form- Van de Venter.pdf 0610712010 aclowwledgement form Landowner Landowner Acknowledgement Form IOtlbs County.pdf 06106/2010 acknowledgement form Landowner Landowner Adorowiedgement Form- EWC.pdf 06106/2010 acknowledgement form Map Coleman Creek- Ellensburg Water Company Location Map.jpg 0610712010 News Artie news dip.pdf 01/25/2012 Permit Construction Stormotater General PerrniLpc f W/2012015 Permit SEPA - DNS 14-052 .pdf 01111512015 Permit USACE Lir to SerAcea re: SPIF.pdf 01115/2015 Permit Specift Project Information Form - USACE.pdf 011115=1115 Permit USACE Permit NWS-2014.826,pdr 0111 512 0 1 5 Permit Hydraulic Project Approval 20143-19+01.pdf 01/1512015 Photo Ellensburg Water Company Diversion on Coleman Creek jpg 06122!2011 Photo Ellensburg Water Company- Coleman Creek lntersedion jpg 08/2=1 i Progress report Progress Report 08l1412015.pdf 0 811 41201 5 Progress report Progress Report 172M 2015.pdf 0211512015 Progress report Progress Report 0810512014.pdf 08/05/2014 Progress report Progress Report 0110312014.pdf 01/03/2014 Progress report Progress Report 0112011013.pdf 01119/2013 Progress report Progress Report 12f1912012.pdf 12/1912012 Project partnership form Partner Contribution Form ApperrdbrJ EWC.pdf 08/231011 Project presentation 9-27-11 Project PowerPoini.ppt 091.27!2011 Salmon Project Proposal Final ProjedProposal- Coleman Creel- E4ensburg Water Co.doc 06/28/2011 SRFB Review Panel Final Comment Form.docx 1212112011 Comment Form SRFB Review Panel 10-1837 Final Review Panel Comments.pdf 11129!2010 Comment Farm SRFB Review Panel 10-1837 Reply to Early/ Review Panel Comrnantsdoc 08/0912010 Comment Form Visuals EM -Coleman Inlersechon jpg 06/07/2010 Visuals EWC-Coleman Intersection- Non irrigation season jpg 06/0712010 Visuals Coleman Creek Projects Summary jpg 06/0712010 WDFW barrier & screaning Barrier Form AppendtxQ__EWC Diversion.pdf 0812312011 forms WDFW barrier 8 screening Barrier Forrn_AppendixOLJEWC Intemedion.pdf 0&23/201l forms 6.M err rad dL t m. 1 rr TMIS EXHIBIT 2: Bridge Photos Page 4 of PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT 71CM 19; I I. EXHIBIT 3: Electronic Mail from KCCD Detailing Project Funding Page 5 of 6 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Mark Cook From: Anna Lael <a-lael@conservewa.net> Sent: Tuesday, October 13, 2015 3:05 PM i o: Doug D'Hondt; Mark Cook Subject: Ellensburg Water Company at Coleman Creek Mark and Doug, Thanks so much for offering to work with us on the Ellensburg Water Company at Coleman Creek project. This is the project summary statement for our Salmon Recovery Funding Board grant for this project: "The Kittitas County Conservation District proposes to construct a siphon at the intersection of the Ellensburg Water Company (EWC) canal with Coleman Creek east of Ellensburg, WA and replace the EWCs existing upstream diversion with a structure that includes a fish screen and fishway to provide fish passage. This project is one in a series designed to provide safe fish passage in the lower five miles of Coleman, Creek. Projects have already been completed to provide passage into the first two miles, as well as provide fish screens to protect fish from entrainment and gain Trust Water for instrearn flow through irrigation efficiency improvements. This project will improve fish access for Spring Chinook and Mid -Columbia Summer Steelhead." You can look at more detailed project information at https://secure.rco.wa.gov/prism/searcb/ProjectSnLLpshot.aspx?ProiectNumber=l1-1525 if you'd like. This project has been under development since 2008, when we applied for a Salmon Recovery Funding Board grant to complete the designs. That grant was awarded and the design process completed in 2011. Then we began the search for construction funding and it's been a long road. We now have a Salmon Recovery Funding Board grant for $483,313, an Ecology Water Quality Grant for $105,000, an Ecology Integrated Plan grant for $250,000, and BPA funds through Yakima Tributary Access & Habitat Program of $220,000. The Salmon Recovery Funding Board grant has been extend and we are extending it one more time to let us work through this winter. This is the last extension we are allowed and it can't go beyond 4/30/2016. So, the total available funding is $1,059,313 We received bids this week and the apparent low bid is $992,044.80 (engineers estimate was about $965,000). We also have a task order with Anderson Perry for construction assistance in the amount of the $43,995, and estimates costs for the PSE hookup of $15,000. If we add a 10% contingency to the construction bid, that makes our total need $1,150,244. If we keep the contingency at 10%, that makes our shortfall about $90,000. Anything you all could do to help us out with that would be great. This winter is literally our last chance to do this project without starting the fiord search all over again. Thanks so much! Anna Anm alae-[ EXHIBIT 4: Proposed Inter-local Agreement with KCCD Page 6 of PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT !N --k ERG VER'IK K NTA:, C DCP RA'r -GN AG- T+'EMEN 1 BETWEEN KITTrrAS COUNTY AND KITTITAS COUNTY CONSERVATION ,DISTRICT FOR ELLENSBURG WATER COMPANY AT COLEMAN CREEK PROJECT k I AF,.EE is made and entered into this day of 2015, between KITTITAS COUNTY, a political subdivision of the State of Washington, and the KITTITAS COUNTY CONSERVATION DISTRICT ("the District"), a political subdivision of the State of Washington. W-1 Y IST,SS 1 1 14: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in chapter 39.34 of the Revised Code of Washington ("RCW"), provides for public agencies to enter into agreements for joint or cooperative action authorized under that chapter; WHEREAS, the County and the District are public agencies within the meaning of chapter 39.34 RCW; WHEREAS, chapter 89.08 RCW specifically provides for the District to enter into interlocal agreements; WHEREAS, the District's mission is to provide leadership, technical, educational and financial assistance to landowners and land users in their utilization and management of natural resources; NMEREAS, the District serves the citizens of the community (county, state, country) to ensure the long term use of natural resources in an economically, socially and environmentally sustainable maimer using non -regulatory, voluntary approaches; WHEREAS, the Ellensburg Water Company (EWC) requested the assistance of the District to complete a project on Coleman Creep including two work sites, one where the EWC canal intersects the creek immediately adjacent to North Ferguson Road and another where the EWC legally diverts irrigation water from Coleman Creek; WHEREAS, the District complete a design process in 2010 with Salmon Recovery Funding Board grant 08-1949 "Coleman Creek Irrigation Redesign" and through that process conducted several technical work group meetings in which the Kittitas County Engineer participated; WHEREAS, the completed design includes modifying the EWC canal intersection with Coleman Creek so that the canal passes under the creek and the adjacent North Ferguson Road in an inverted siphon, thus daylighting the creek, improving fish passage and removing the need for the County owned bridge on North Ferguson Road; WHEREAS, the District worked to secure funding to construct the project and did so through Salmon Recovery Funding Board Grant #11-1525 "Coleman Cr - Ellensburg Water Company Project", an Ecology Water Quality Grant #G1400580, Ecology Integrated Plan Grant #G140063 8, and BPA funds through Yakima Tributary Access & Habitat Program; WREx EAS, the District entered into an agreement with the EWC that includes provisions stating that EWC will own and maintain the project after construction, that EWC will contribute $20,000 toward completion of the project; and that EWC will obtain necessary easements for construction; WIHEREAS, the completed acquisition of the necessary easements in September 2015, with assistance from the County and their real estate consultants who completed an appraisal of the remaining easement location; WYEREAS, the District advertised the Ellensburg Water Company at Coleman Creek project for bid on September 17, 2015 and received bids on October 12, 2015; WHEREAS, the low responsive and responsible bid amount, in addition to the associated construction costs (engineering assistance, daily observer and other staff costs, and a reasonable construction contingency) exceeds the District's current budget for the project; WHEREAS, the County desires to complete removal of the North Ferguson Road bridge over the EWC canal and can do so by contributing funds to construction of the project; NOW, THEREFOR E, the parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to complete construction of the Ellensburg Water Company at Coleman Creek project. 2. ADMINISTRATION. No new separate legal or administrative entity is created to administer the provisions of this Agreement. a. The District's point or contact for purposes of this Agreement shall be as follows: Anna Lael, District Manager Kittitas County Conservation District 2211 W Dolarway Road, Ste 4 Ellensburg, WA 98926 Phone: (509) 925-3352 Fax: (888) 545-0825 Interlocal Cooperation Agreement Ellensburg Water Company at Coleman Creek Project Page 2 of 8 b. The point of contact for the Kittitas County shall be as follows: Me&k Eee'D rpoug D'Hondt, County En ineer lfi.ttitas County Public Works 411 N Ruby Ste 1 Ellensburg WA 98926 Phone: (509) 962-7523 3. SCOPE. a. This agreement contemplates that the District will: i. Execute a contract with the low responsive and responsible bidder to construct the Ellensburg Water Company at Coleman Creek project between November 2015 and March 2016. ii. Provide daily construction observers and regular inspections by the project engineers (Anderson Perry) to ensure construction activities are meeting the plans and specifications and abiding by the permit requirements. iii. Provide daily reports to all parties and conduct weekly construction progress meetings. iv. Consult with the County prior to entering into any change orders that result in a net increase to construction contract and for which the District requires County funding. v. Invoice the County as needed for County Engineer approved construction change order funding during construction of the project. b. This agreement contemplates that the County will i_ The County will participate as needed in the weekly construction progress meetings. ii. Assist the District with timely review of any proposed change orders that increase the construction contract cost. iii. Contribute an amount not to exceed $85,000 towards financing any accepted construction change orders during -construction of the Ellensburg Water Company at Coleman Creek project. Interlocal Cooperation Agreement Ellensburg Water Company at Coleman Creek Project Page 3 of 8 iv. Make payment to the District within thirty (30) days after billing by the District. 4. DURATION OF AGREEMENT — TERMINATION. This Agreement shall remain in force until cancelled by either party in writing. The District reserves the right to cancel this Agreement in the event of the County's nonpayment of reimbursable costs billed by the District to the County, upon thirty (30) days written notice by the District to the County, sent certified mail, return receipt requested. 5. RELATIONSHIP OF THE PARTIES. No agent, employee or representative of the County shall be deemed to be an agent, employee or representative of the District for any purpose, and the employees of the County are not entitled to any of the benefits the District provides to District employees. No agent, employee or representative of the District shall be deemed to be an agent, employee or representative of the County for any purpose, and the employees of the District are not entitled to any of the benefits the County provides to County employees. 6. NON -DELEGATION I NON -ASSIGNMENT. Neither party may delegate the performance of its contractual obligation hereunder to a third party, unless mutually agreed in writing. Neither party may assign this Agreement without the written consent of the other party. 7 COMPLIANCE WITH LEGAL REQUIREMENTS. Each party shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation, all those . pertaining to wages and hours, confidentiality, disabilities, and discrimination. 8. HOLD HARMLESS. Each party shall be liable and responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or admission of any person, firm or corporation not a party to this agreement. 9. INDEMNIFICATION. The County and the District shall defend, indemnify and hold each other harmless from and against any and all claims, demands, losses and liabilities to or by third parties arising from, resulting from, or connected with, services performed or to be performed under this contract to the fullest extent permitted by law whether arising from contract liability(ies) or otherwise_ This mutual duty to indemnify shall not apply to liability from damages arising out of bodily injury to persons or damages to the property caused by, or resulting from, the sole negligence of the either the County or the District, or their respective officers, agents, and employees_ Interlocal Cooperation Agreement Ellensburg Water Company at Coleman Creek Project Page 4 of 8 This mutual duty to indemnify for liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of either the County's or the District's agents or employees, subcontractors and suppliers, shall apply only to the extent of negligence of the damages caused by or resulting from the concurrent negligence of the County's or the District's agents, employees, subcontractors and suppliers. The County and the District specifically and expressly waive any immunity that may be granted under the Washington State Industrial Act, Title 51 RCW. Further, the indemnification obligation under this Contract shall not be limited in any way by any limitation on the amount of type of damages, compensation, benefits payable to or by any third party under Worker's Compensation Acts, Disability Benefits Acts, or other employee benefit acts. This mutual duty to defend, indemnify, and hold harmless shall include all related costs, reasonable attorney fees, court costs and related expenses asserted against or incurred by either party, or their officers, agents and employees. The parties hereby certify that these indemnification provisions were mutually negotiated and agreed to by the parties. 10. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS. a. This Agreement may be changed, modified, amended or waived only by written agreement signed by the parties and adopted by the Kittitas County Board of Commissioners and the District. b. Any waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence or omission. c. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 11. INTERPRETATION. This Agreement has been submitted to the review of all parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accord with its words, without consideration or weight given to its being drafted by any party or its counsel. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter gender. 12. GOVERNING LAW AND VENUE. Interlocal Cooperation Agreement Ellensburg Water Company at Coleman Creek Project Page 5 of 8 a. This Agreement shall be governed 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. The venue of any action brought hereunder shall be in Kittitas County, Washington. b. If any legal action or other proceeding is brought for enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepre- sentation in connection with any of the provisions of this Agreement, each party shall pay its own attorney fees incurred in that action or proceeding. 13. ORDER OF PRECEDENCE. 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 federal and state of Washington statutes, regulations, and rules. b. Mutually agreed upon written amendments to this Agreement. c. This Agreement. d. Statement of Work and Budget. e. Any other provisions of this Agreement, including materials incorporated by reference. 14. FUNDING AVAILABILITY. Kittitas County's ability to make payments is contingent on availability of funding. In the event funding from the state is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this agreement, Kittitas County, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the agreement subject to new funding limitations and conditions. Kittitas County may also elect to suspend performance of the agreement until Kittitas County determines the funding insufficiency is resolved. Kittitas County may exercise any of these options with no notification restrictions. 15. PROPERTY. Unless otherwise specifically agreed by the parties in writing, all property, personal or real, utilized by the parties hereto in the execution of this Agreement shall remain the property of that party initially owning it. 16. TERMINATION FOR CAUSE. If for any reason, either party does not fulfill in a timely manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 17. SEVERABILITY. Any provision of this Agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or un - Interlocal Cooperation Agreement Ellensburg Water Company at Coleman Creek Project Page 6 of 8 enforceability, without affecting the validity or enforcement of the remaining provisions. 18. RECORDS MAINTENANCE. The parties to this Agreement shall each maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of service(s) described herein. These records shall be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by both parties, the Office of the State Auditor, and federal officials so authorized by law. 19. OFFICIAL RECORD-KEEPING. The District will keep the official project records and make them available to the County for record keeping associated with construction of the Ellensburg Water Company at Coleman Creek project. 20. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject shatter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. 21. FILING. Executed copies of this Agreement shall be filed as required by RCW 39.34.040 prior to this Agreement becoming effective. Interlocal Cooperation Agreement Ellensburg Water Company at Coleman Creek Project Pave 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first Written above. I{ITTITAS COUNTY CONSE11VATION MIS "RICT 2211 W Dolarway Road, Ste 4 Ellensburg, WA 98926 0 Chairman, Board of Supervisors Dated: KITTITAS "'OUNTY BOARD OF COMMISSIONERS 205 West 5a` Avenue, Room 108 Ellensburg, WA 98926 Dated: Board Chair Vice Chair Commissioner ATTEST: Approved as to Form: Julie Kjorsvik, Clerk of the Board Interlocal Cooperation Agreement Ellensburg Water Company at Coleman Creek Project Deputy Prosecuting Attorney Page 8 of 8 KITTITAS COUNTY COMMISSIONERS REGULAR MEETING PUBLIC WORKS STUDY SESSION MONDAY, MAY 23, 2016 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Request to Approve a Resolution to Award the 2016 Annual Paint Stripe Program and Authorize the Public Works Director to sign said contract documents. 3. Request to Approve a Resolution to Authorize the Public Works Director to Sign a Professional Services Agreement with Jacobs Engineering Group, Inc. for the Via Kachess Culvert Replacement Project. 4. Other business 5. Adjourn Created on 5/20/2016 9:32:21 AM KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA DATE: ACTION REQUESTED: AGENDA STAFF REPORT May 23, 2016 Approve the Resolution to Award the 2016 Annual Paint Stripe Program Contract. BACKGROUND: The Department of Public Works solicited bids for the 2016 Annual Paint Stripe Program in accordance with RCW 39.04.155, Small Works Roster Contract Procedures. Sealed Bids were opened on May 12, 2016. Two (2) bids were received for the prescribed work. The lowest responsive bid was from Stripe Rite, Inc., in the amount of $242,205.53. The second bid From Apply -A -Line, Inc. in the amount of $331,295.47. The Engineer's Estimate is $266,182.44_ INTERACTION: Public Works RECOMMENDATION: Motion to approve the Resolution to Award the 2016 Annual Paint Stripe Program Contract and authorize the Director of Public Works to sign said contract documents. HANDLING: Return a copy of the Resolution to Public Works. ATTACHMENTS: Resolution Bid Tabulations LEAD STAFF: Mark Cook Director BOARD OF CA01UNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. TO AWARD THE CONTRACT FOR THE 2016 ANNUAL PAINT STRIPE PROGRAM AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE SAME WHEREAS. The Department of Public Works solicited bids for the 2016 Annual Paint Stripe Program in accordance with RCW 39.04.155 Small Works Roster Contract Procedures; and WHEREAS: Sealed bids were opened on May 12, 2016 at 10:00 a.m. in the Kittitas County Permit Center, Department of Public Works, 411 N. Ruby Street, Suite 1, Ellensburg, Washington; and WHEREAS: Two (2) bids were received for the prescribed work. The Director of Public Works recommends the lowest responsive bid from Stripe Rite Inc., of $242,205.53 be accepted. NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby award the contract for the 2016 Annual Paint Stripe Program in the amount of $242,20553. BE IT FURTHER RESOLVED that the Director for the Department of Public Works is authorized to sign the contract documents for said project. DATED on this 23rd day of May, 2016, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Obie O'Brien., Chairman Paul Jewell, Vice -Chairman Laura Osiadacz, Commissioner n W C O z C/ I'd M A A n O C V C W r !1 O ;o a z z c a Z G1 0 a ►- T C. W D CD Q. 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V C n_ 0 Ln N F+ F+ O O m 3 KFMTAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA DATE: ACTION REQUESTED: AGENDA STAFF REPORT May 23, 2016 Request to Sign and Approve a Resolution to Authorize the Public Works Director to Sign a Professional Services Agreement with Jacobs Engineering Group, Inc. for the Via Kachess Culvert Replacement Project. BACKGROUND: The Department of Public Works is requesting to enter into a Professional Services Agreement with Jacobs Engineering Group, Inc. in an amount to not exceed $5,000.00 for Constructability Services during the Design Phase for the Via Kachess Culvert Replacement Project. INTERACTION: Public Works RECOMMENDATION: Motion to approve the Resolution to Authorize the Public Works Director to Sign the Professional Services Agreement with Jacobs Engineering Group, Inc. HANDLING: Return a copy of the Resolution to Public Warks. ATTACHMENTS: Resolution Draft Professional Services Agreement LEAD STAFF: Mark Cook Director BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC. FOR CONSTRUCTABILITY SERVICES FOR THE LODGE CREEK CULVERT REPLACEMENT PROJECT AT VIA KACHESS ROAD AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN SAID AGREEMENT WHEREAS: The Department of Public Works under Resolution No. 2016-059 declared a local emergency supporting suspension of normal bidding and procurement requirements to expedite replacement of the Lodge Creek Culvert at Via Kachess Road; and WHEREAS: The Department of Public Works under Resolution No. 2016-060 entered into a contract with Jacobs Engineering Group; Inc. to provide immediate design and support services; and WHEREAS: The Department of Public Works and Jacobs Engineering Group, Inc. request approval of a Professional Services Agreement not to exceed $5,000.00 to facilitate additional constructability services for the Lodge Creek Culvert Replacement Project at Via Kachess Road. NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Department of Public Works to enter into a Professional Services Agreement with Jacobs Engineering Group, Inc. and authorize the Public Works Director to sign said Agreement. DATED on this 23rd day of May, 2016, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Obie O'Brien, Chairman Paul Jewell, Vice -Chairman Laura Osiadacz, Commissioner T� E KITTITAS COUNTY PROFESSIONAL SERVICES AGREEMENT This Agreement dated as of May 23, 2016, is made by and between Kittitas County (hereinafter "the County") and Jacobs Engineering Group, Inc. (hereinafter "Contractor"). The County and Contractor agree as follows: General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation); Exhibit C (Proof of Insurance). Copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein. The term of this Agreement shall commence on the Twenty-third of June, 2016 and continue until the initiation of procurement for construction of this project. Any party may terminate this Agreement by giving five (5) days notice in writing either personally delivered or mailed postage -prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. Contractor acknowledges and by signing this Agreement agrees that the Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes), 15 (Defense and Indemnity Agreement), 21 (Patent/Copyright Infringement) and 24 (Confidentiality), are totally and fully part of this Agreement and have been mutually negotiated by the parties. Professional Services Agreement Page 1 IN WITNESS WHEREOF, the parties have executed this Agreement this th day of July, 2010. APPROVED: Jacobs Engineering Group, Inc. KITTITAS COUNTY, WASHINGTON Signature of Signatory (Date Print Name of Signatory Contractor Address: Jacobs Engineering Group, Inc. 600 108t" Ave NE, Suite 700 Bellevue, WA 98004 Project Contact: Brad Cooper Professional Services Agreement Page 2 Mark Cook, Director of Public Works County's Address: Kittitas County 411 N Ruby, Suite #1 Ellensburg, WA 98926 Project Contact: Mark Cook — Public Works Director GENERAL CONDITIONS 1. Scope of Contractor's Services: Contractor agrees to provide to the County services and any materials set forth in the project narrative identified in Exhibit "A" during the Agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. 2. Performance of Work: Contractor shall perform work in accordance with, and shall comply with, all of the provisions of this Agreement. All work shall comply with applicable codes and ordinances. 3. Schedule of Performance: Unless directed otherwise by the County, Contractor shall perform the work in accordance with any schedules made a part of this Agreement. 4. Definitions: 4.1 "Additional Insured's" means the County, its successors and assigns, and the respective directors, officers, employees, agents and representatives of the County and its successors and assigns. 4.2 "Support" means the following: Contractor's. directors, officers, employees, agents and representatives; and sub -Contractors of any tier; the respective directors, officers, employees, agents and representatives of these sub - Contractors of any tier; and any other person or entity acting under the direction or control of, or on behalf of, Contractor or any Contractor's sub - Contractors of any tier in connection with or incident to the performance of the Work or this Agreement. 4.3 The "Work" means all of the duties listed in Exhibit A and the performance of all other obligations, under this Agreement by Contractor or its Support. 5. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be based upon billings, supported unless otherwise provided in Exhibit "B", by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit "B" or approved in writing in advance by the Kittitas County Board of Commissioners, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in performance of this Agreement. Professional Services Agreement Page 3 Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, through the County voucher system, for the Contractor's service pursuant to the fee schedule set forth in Exhibit "B". 6. Assignment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 7. Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent Contractor and nothing herein contained shall be construed to create a relationship of employer-employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. Contractor will defend, indemnify and hold harmless the County, its Additional Insured's, officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 8. No Guarantee of Employment: The performance of all or part of this Agreement by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any sub -Contractor or any employee of any sub -Contractor by the County at the present time or in the future. 9. Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to make withholding for any taxes other than income taxes (i.e. Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. Professional Services Agreement Page 4 The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 10. Regulations and Requirement: This Agreement shall be subject to all laws, rules and regulations of the United States of America, and State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth herein or in the attached exhibits. 11. Right to Review: This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 6 years after contract termination, and shall make them available for such review, within Kittitas County, State of Washington, upon request. 12. Modifications: 12.1 Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 12.2 The County may, at any time, by written notice thereof to Contractor ("Change Notice") makes changes in the Work within the general scope of this Agreement, including, but not limited to: (a) changes in, revisions to, substitutions for, additions to or deletions of any Work; (b) changes in schedule; and (c) acceleration, deceleration or suspension of performance of any Work. 12.3 If any change in the Work causes an increase or decrease on Contractor's cost of, or the time required for, performance of the Work, an equitable adjustment in the compensation to Contractor and in the schedule for the performance of the Work shall be made to reflect such an increase or decrease. Professional Services Agreement Page 5 12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Contractor must, within thirty (30) days after receipt of any Change Notice that does not set forth any acceptable adjustment, submit to the County a written statement setting forth any adjustment claimed. 12.5 If any change results in a decrease in the Work performed, Contractor shall be entitled to compensation associated with changing the Work, such as revising design already completed, revising calculations already performed, and revising documents, 13. Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. If the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the County resulting from such defaults) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the best interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. In the event of such termination, an equitable adjustment shall be made in the compensation payable to Contractor. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. Professional Services Agreement Page 6 15. Defense & indemni Agreement: The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional Insured's, appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its Additional Insured's, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its sub -Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional Insured's, appointed or elected officials, agents, or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to claims against the County, its Additional Insured's, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 17. Venue and Choice of Law: in the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 18. Withholding Payment: In the event the Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated. 19. Future Non -Allocation of Funds: If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies. Professional Services Agreement Page 7 20. Contractor Commitments, Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor Gable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 21. Patent/Ca ri ht infrin ement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County; to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: 21.1 Contractor shall be notified promptly in writing by County of any notice of such claim. 21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County. 22. Disputes: 22.1 General Differences between the Contractor and the County, arising under and by virtue of the Agreement Documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, instructions, and decisions of the Kittitas County Commissioners shall be final and conclusive. 22.2 Notice of Potential Claims The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Professional Services Agreement Page 8 Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 23. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or sub -Contractors, in connection with performance of this Agreement shall be the sole and absolute property of the County. 24. Confidentiality: The Contractor, its employees, sub -Contractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceedings seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its Additional Insured's, officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 25. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the department head of the department for whom services are rendered, and to the Kittitas County Commissioners, 205 W e Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 26. Severability: If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications 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. 27. Miscellaneous: 27.1 The County's failure or delay to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions, rights or Professional Services Agreement Page 9 remedies in that or any other instance; rather the same shall be and remain in full force and effect. 27.2 This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior agreements, regarding the Work. No change, amendment or modification of any provisions of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. 27.3 The rights and remedies of the County set forth in any provision of this Agreement are in addition to and do not in any way limit any other rights of remedies afforded to the County by any other provisions of this Agreement, by any of Contractor's Support or by law. 27.4 The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 28. Waiver: Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 29. Survival: The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21 22, 23, 24, 28, and 30, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 30. Nondiscrimination: 30.1 The County is an equal opportunity employer. 30.2 Nondiscrimination in Employment In the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such Professional Services Agreement Page 10 action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs fortraining including apprenticeships. The Contractorshail take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscrimination in Services The Contractor will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. 30.4 If any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination. The Contractor shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. Professional Services Agreement Page 11 E :HIBIT "A" SCOPE OF WORK The Contractor shall furnish all materials and resources to provide Constructability Services during the design phase for the Via Kachess Culvert Replacement project according to the terms and conditions stated herein. The Constructability Services will include: Real time constructability input at the Design Workshop scheduled for May 25', 2096. Constructability input during over -the -shoulder and/or final design submittal package(s). County Provided: Conference Room for Design Workshop and over -the -smoulder review Documents, exhibits, and any other information provided by others Professional Services Agreement Page 12 EXHIBIT "B" COMPENSATION As full compensation for satisfactory performance of the work, the County shall pay Contractor compensation not to exceed: Item NO Qty Unit Item Description Staff Unit Price Total Price 1 4 Hr. Coordination wl Const Project Manager PM $167.69 $670.76 2 2 Hr. Invoice prep/review (4 months x 0.5 hrlmth -(Design) Proj Cntrl $155,71 $311.42 3 8 Hr. Prepare for and attend Design Workshop incl. travel time -(Design) PM (Const) $143.14 $1,145.12 4 20 Hr. Provide constructability review for submittals PM (Const) 143.14 $2,862.80 TOTAL $4,590.10 Professional Services Agreement Page 13 EXHIBIT "C" PROOF OF liOSURANCE The Contractor shall secure and maintain in effect at all times during performance of the Work such insurance as will protect Contractor, its Support and the Additional Insured's from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the work or this Agreement, whether such performance is by Contractor or any of its Support. All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by the County. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. The Contractor shall provide proof of insurance for Commercial (comprehensive) General Liability insurance with coverage limits not less than $1,000,000 combined single limit per occurrence and annual aggregates. Employer's Liability insurance shall be maintained with at least $1,000,000 coverage. Proof of a policy of Commercial Automobile Liability Insurance, including coverage for owned, non -owned, leased, or hired vehicles written on an insurance industry standard form or equivalent, with limits of liability not less than $1,000,000. Worker's Compensation shall be in the amount required by law. Upon the request of the County, Contractor shall furnish the County a certificate of insurance (with Endorsement as evidence that policies providing insurance required by this Agreement are in full force and effect. The type of insurance required by this Agreement is marked below. ❑ 1) Commercial General Liability Insurance Certificate Holder — Kittitas County The Certificate must name the County as additional insured as defined in the Agreement Thirty (30) days written notice to the County of cancellation of the insurance policy. ❑ 2) Workers' Compensation. Workers' Compensation in amounts required by law. ❑ 3) Employers Liability. Professional Services Agreement Page 14 Thirty (30) days written notice to the County of cancellation of the insurance policy. ❑ 4) Commercial Automobile Liability Insurance. Thirty (30) days written notice to the County of cancellation of the insurance policy. NOTE: No contract shall form until and unless a copy of the Certificate of Insurance, properly completed and in the amount required, is attached hereto. Professional Services Agreement Page 15