HomeMy WebLinkAbout2016-02-08-minutes-public-works-study-sessionKITTITAS 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
PW STUDY SESSION MINUTES
February 8, 2016
THOSE PRESENT: Gary Berndt, Paul Jewell, Obie O'Brien (BOCC) Doc Hansen, Angela San Filippo,
Lindsey Ozbolt, Stephanie Mifflin (CDS) Mark Cook (PW)
GUESTS PRESENT: None.
***Mark Cook asked to add Floodplain Permitting under Other Business on the agenda,
Staf rrnr Update:
Mark gave an update on staff (see attached report) and asked if the Board of County Commissioners would like to sit in on
the interviews. Commissioner Jewell asked that Mark contact the City of Ellensburg and City of Cle Elum to see if they want
to sit in. Commissioner Jewell also suggested contacting the Home Builders Association, Farm Bureau, and Department of
Fish and Wildlife.
Board Direction: None.
Manastash Bridge Replacement Proiect Update:
Mark gave an update on the project. See attached report.
Board Direction: None.
Patrick Avenue Improvements- City ofKittttas:
Mark gave an update on the project. See attached report. There was a brief discussion on reimbursement issues.
Board Direction: None.
Federal Aviation Administration Disadvantaged Business Enterprise Policy:
Mark presented a staff report to the Board. See attached. Mark stated he will have the document to the Board for action by
noon on Thursday.
Board Direction: None.
Public Facility Funding Award(s):
Mark presented a staff report to the Board. See attached. Mark stated Public Works is preparing for recipients of the awards.
Commissioner Jewell asked for clarification on Section I (A) and (C). Mark clarified.
Board Direction: Take to next agenda session for recommendation.
Other Business: Floodplain Permitting:
Mark stated he has talked to Jacob's Engineering and it is not a resource that will work for the County. Mark stated he has
contacted a group out of Yakima to get on the "small contract roster." Commissioner Jewell asked for a timeline on the No. 6
Road Improvements. Mark stated Public Works is looking at April through mid-June.
Board Direction: None.
Mark Cook, Director
X
Obie O'Brien, Chairren
COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT
KITTITAS COUNTY COMMISSIONERS
REGULAR MEETING
PUBLIC WORKS STUDY SESSION
MONDAY, FEBRUARY 08, 2016
1:30 PM
Commissioners' Auditorium
205 West 5th Room 109 - Ellensburg
1. Call to Order
2. Staffing Update
3. Manastash Bridge Replacement Project Update
4. Patrick Avenue Improvements - City of Kittitas
5. Federal Aviation Administration Disadvantaged Business Enterprise Policy
6. Public Facility Funding Award(s)
7. Other business
8. Adjourn
Created on 2/4/2016 5:08:40 PM
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
WORK SESSION STAFF REPORT
WORK SESSION DATE: February 8, 2016
TOPIC: Staffing Update
ACTION REQUESTED: Informational Only
LEAD STAFF: Mark R. Cook
RECOMMENDATION:
None.
BACKGROUND:
Public Works (PW) is currently advertising for numerous department vacancies.
Vacant positions include: Receptionist (R), County Engineer (CE), County
Surveyor (CS), Transportation Planning Manager (TPM), Water Resource
Manager (WRM) and Engineering Technician III (ETIII). The positon of
Construction Manager (CM) has recently become vacant (01-29-2016).
DISCUSSION:
PW has closed advertisement for R, having received 26 applications during the
initial two week run. We anticipate making an offer of employment during the
week of February 8, 2016. We have received three applications for ETIII. One
application for CE has been received. Currently, we have two applications for
CS. A single applicant has applied for WRM. No one has applied for TPM. PW
proposes discussion of the vacant CM during an upcoming Human Resources
work session.
PW proposes notice to all applicants for interviews the week of February 15,
2016 for possible interviews the week of February 29, 2016. Providing there is
sufficient qualified applicants for interviews, PW make elect to make offers of
employment following the first interview round (week of February 29, 2016).
The Board of County Commissioners is invited to notice PW of potential
stakeholders for interview participants in the various vacant positions and/or
submit questions for interview consideration.
FISCAL IMPACTS:
All vacant positions are budgeted in 2016.
ATTACHMENTS:
None.
Page 1 of 1
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
WORK SESSION STAFF REPORT
WORK SESSION DATE: February 8, 2016
TOPIC: Manastash Bridge Update
ACTION REQUESTED: None required
LEAD STAFF: Mark R. Cook
RECOMMENDATION
None required.
BACKGROUND:
In late 2015, Public Works awarded the Manastash Bridge replacement to
Belsaas and Smith construction. The bridge replaces a corroded culvert that
experienced significant failure during the 2011 flood.
DISCUSSION:
Foundation support piles are installed. Pile caps are cast (02-03-2016). Bridge
fabrication drawings are approved and WSDOT inspection services have been
notified.
The next major construction item is casting of the wingwalls then removal of the
existing culvert and placement of the bridge superstructure and deck
components. Completion of the project is anticipated late spring 2016 (May).
FISCAL IMPACTS:
The project is on budget.
ATTACHMENTS:
None.
Page 1 of 1
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
WORK SESSION STAFF REPORT
WORK SESSION DATE: February 8, 2016
TOPIC: Patrick Avenue Improvements City of Kittitas
ACTION REQUESTED: Informational
LEAD STAFF: Mark R. Cook
RECOMMENDATION:
Information only.
BACKGROUND:
In 2014, the Board of County Commissioners (BOCC) authorized Public Works
(PW) act as the Certified Agency (CA) for Phase 1 Patrick Avenue Improvements
(City of Kittitas). As one of two certified agency in the county (City of Ellensburg
is also a CA), PW administers its own construction contracts involving federal
funds. In the absence of CA, the county would pay for contract administration
either from a CA or to Washington State Department of Transportation
(WSDOT). Recently, PW was noticed of construction funding award for the
project from WSDOT.
DISCUSSION:
The City of Kittitas has contracted Gray & Osborne, Inc. (G&O) for plans,
specification and engineering (PS&E) support and development. A review
package arrived on 02/01/2016 for the Director's (PW) signature. I did not sign
as requested.
Immediately PW began gathering information on the project. We have no record
of any funding reimbursements for any of the Engineering Phase of the project.
An initial inquiry to WSDOT Local Programs did not provide knowledge on the
process. None the less, as CA, we should have participated in the PE Phase
including reimbursement requests through phase completion (or at least been
noticed) prior to moving to the construction phase. The lack of project
documentation may account for lack of notice of any record. The lack of any
project record is troubling. We are currently collecting all PE phase funding
requests as we are responsible for all project audits. We will begin compiling all
federal aid required documentation consistent with CA requirements.
We completed our review of PS&E during the evening of 02/03/2016. Review
comments (attached as EXHIBIT A) have been sent to G&O with courtesy copy
Page 1 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
to WSDOT Local Programs and the City of Kittitas. Once requested changes are
addressed by G&O, we will meet discussing roles and responsibilities. Failure in
meeting our project management mandate as CA, PW could lose our
certification. A discussion with WSDOT Local Programs following our "roles and
responsibilities" discussion with G&O is advisable. Any actionable item that
comes from our WSDOT discussion should be a requirement burdened on the
City's construction contract.
FISCAL IMPACTS:
PW has not budgeted any project support funding for 2016. Following the roles
and responsibility meeting with G&O, we will be in positon forecasting probable
cost and other impacts to our 2016 work program.
ATTACHMENTS:
EXHIBIT A: PS&E COMMENTS
Page 2 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
February 03, 2016
Mr. Michael Meskimen
Mr. Don M. Tulloch
Gray & Osborne, Inc.
107 South Third Street
Yakima, WA 98901
HITTZTAiS COUNTY
DEPARTMENT OF PUBLIC WORKS
Mark R. Cook, PE Director
RE: PS&E City of Kittitas, Patrick Avenue Improvements Phase 1
Gentlemen:
I have reviewed the PS&E provided for City of Kittitas, Patrick Avenue Improvements Phase 1.
My review comments appear below for your consideration.
1. Cover sheet signature request: I will sign the cover once the design engineers have
signed and dated their stamps.
2. Please sign and date the seals on the cover of the PS&E package with your response
submittal.
3. Please revise the opening date once we have agreed on the final issue date for the
revised PS&E package.
4. The project limits total 1,080 feet and not the 1,100 as shown on the "Call for Bids'.
Please advise if the 1,100 is intended to be an approximate value.
5. Division 1, General Requirements Description of Work Please see comment no. 4
above.
6. Page 1-2, line no. 27: Please change "Contracting Agency' to "Certified Agency".
Please ensure the there is a prior reference to Kittitas County Public Works as the
Certified Agency. Please be advised that we will require a record of all project costs prior
to project closeout.
7. Page 1-3. Notice of Award and Notice to Proceed: Please be advised that if is our
understanding that the City of Kittitas desires Gray and Osborne, Inc. provide
construction management services for this project. To date, Kittitas County does not
appear to have been significantly involved in the project. I desire a meeting with G&O
project management prior to final signatory on the PS&E package defining roles and
expectations. We will review and manage all financial reporting as certified agency.
Other aspects of project management can easily be deferred once we have a better
understanding of the project management package that G&O is proposing for the City.
8. Page 1-6. 1-02.9 and Page 1-7 1-02.13: 1 note that there is no discussion about
proposal whose delivery is inconsistent with delivery requirements. Is it your position that
a proposal submitted without proper Project Name and Project Number on the envelope
will be accepted?
9. Page 1-23, 1-05.11(2): Please be advised that Kittitas County will conduct the final
inspection with the project engineer and any required additional attendees.
10. Page 1-25, 1-05.15: Please include Kittitas County on all notices.
11. Page 1-06.1(4) Fabrication Inspection Expense The section is deleted. Are there no
project components requiring fabrication inspection? Please excuse our ignorance in
411 N. Ruby St, Suite #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962.7663
Dept. of Public Works
Page 2
asking but time in responding to this review request does not afford and exhaustive
evaluation on the plans.
12. Page 1-26, Buy America: I presume this is the latest federal guidance.
13. Page 1-29, line no.28-31: 1 do not see a pay item for the required confined space
program. Is this requirement intended to incidental to another pay item?
14. Page 1-35, line no.20: I note the listed nondiscrimination "non -SMSA counties" target as
being 7.2 percent. The DBE COA goal (page 1-44) states a contract goal of 13%. It is
my ignorance but does the higher goal negate the lesser goal?
15. Page 1-70, lines 16-17: 1 note the requirement for "Type A Progress Schedule" no later
than the preconstruction conference. I do not see a pay item for the request. Is the
request incidental to another pay item? Kittitas County requires copies of all project
schedules.
16. Page 1-73, line no.13: Kittitas County requires copy on the notice of completion.
17. Page 5-2, 5-04.3(7)A2: During our 2015 construction season, we experienced
significantly poor HMA from a local vendor. While our contract was non -statistical, we
got caught having to use the composite price adjustment (Standard Specifications)
because the asphalt content was so low. We have since written a special provision
allowing us full rejection without having to follow the required process as defined in the
Standard Specifications. In the absence of the special provision, we also had to add the
price adjustment to the contract as a zero value change order as the means of adjusting
the HMA payment. We can discuss further if you have interest.
18. Page 5-4. 5-04.3(8)A4: During our 2015 construction season, we experienced significant
confusion over our lack of defining project sampling lot size and sublot size. Looking at
engineer quantity, we suggest defining the lot as 570 tons and setting two sublots of 285
tons each (inbound lane and outbound lane).
19. Page 5-6, 5-04.5: Please see comment 17 above.
20. Page 8-2, 8-01.4: We have had difficulty obtaining the required weekly reports from
various contractors. We do not pay item no.2 (G&O bid tab) on any pay request unless
the reports are filed for the pay request period.
21. Page8-15. Record Drawings: Please be advised that Kittitas County requires a copy of
all final record drawings.
22. Page 9-1. 9-02.1(4): Please discuss the rationale for deleting the additional requirement
of 60 percent minimum RTFO Residual Elastic Recovery for PG 64-28 Asphalt Binder.
Plan Comments
23. Please list the current mayor on the cover sheet.
24. All sheets: please sign and date all sheets.
25. Sheet 3: Please consider a note advising that the center of right of way is not the center
of project stationing.
26. Sheet 6: Please add the slope down station of the grade break at 19+00.
27. Sheet 14: 1 do not see a note requiring shoring or slope profiling beyond a depth of four
(4) feet. Please address where is covered elsewhere in the plan set of other documents.
411 N. Ruby St, Suite #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
Dept. of Public Works
Page 3
Preliminary Cost Estimate
28. 1 note that there is no provision for construction contingency. How do you anticipate
handling change order costs?
Please let me know when you are available for a discussion regarding roles and responsibilities
prior to bid call.
Sincere
Mark R. Cook
Director/Interim County Engineer
C: Mr. Bryan Nash
City of Kittitas County
207 N. Main
Kittitas, WA 98934
Mr. Roger Arms
WSDOT
2809 Rudkain Road
Union Gap, WA 98903
411 N. Ruby St, Suite #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
WORK SESSION STAFF REPORT
WORK SESSION DATE: February 8, 2016
TOPIC: Federal Aviation Administration Disadvantaged Business
Enterprise Policy
ACTION REQUESTED: Calendar the Policy for Adoption
LEAD STAFF: Mark R. Cook
RECOMMENDATION:
Calendar the policy for adoption.
BACKGROUND:
The Federal Aviation Administration (FAA) is requesting the County adopt its
disadvantaged business enterprise (DBE) policy, as a condition of funding the
airport master plan revision. Public Works (PW) provided our adopted DBE
policy with Federal Highway Administration (FHWA) to the FAA and rejected it for
use.
PW prepared a draft FAA policy presenting it to the Board of County
Commissioners (BOCC) in late 2015. At the time of presentation, PW had not
received comments from the Prosecuting Attorney's office (PA). Recently, we
received comments from the PA on our draft FAA DBE policy.
DISCUSSION:
PA review identified one item for PW consideration and revision at Subpart F —
Compliance and Enforcement. The preferred FAA language attempts to
circumvent disclosure law using the term: "Notwithstanding any provision of
Federal or state law". PA suggested language is: "To the extent allowed by any
provision of federal or state law". PW has made the requested change to the
proposed FAA DBE policy and the change is provided (EXHIBIT A) for BOCC
review.
Adoption of the policy is a requirement of FAA supporting the master plan update
for Bowers Field.
FISCAL IMPACTS:
The planning grant has been accepted and contract work is underway.
ATTACHMENTS:
EXHIBIT A: REDLINE CHANGES TO DRAFT FAA DBE POLICY
Page 1 of 1
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
August 19, 2015
SUBPART E — CERTIFICATION PROCEDURES
Section 26.81 Unified Certification Programs
OMWBE, provides certification services for DBE and Small Businesses. The OMWBE
maintains a directory of certified firms and maintains procedures for certification.
The County of Kittitas, WA relies on the OMWBE Office certification process. A link to
the OMWBE Office is included in Attachment 9.
SUBPART F — COMPLIANCE AND ENFORCEMENT
Section 26.109 Information, Confidentiality, Cooperation and intimidation or
retaliation
We will safeguard from disclosure to third parties information that may reasonably be
regarded as confidential business information, consistent with Federal, state, and local
law.
Netw4hMar+dia9 any provas+en of -T To the extent allowed by any
provision of federal or state law, we will not release any information that may reasonably
be construed as confidential business information to any third party without the written
consent of the firm that submitted the information. This includes applications for DBE
certification and supporting information. However, we will transmit this information to
DOT in any certification appeal proceeding under § 26.89 of this part or to any other
state to which the individual's firm has applied for certification under § 26.85 of this part.
All participants in the Department's DBE program (including, but not limited to,
recipients, DBE firms and applicants for DBE certification, complainants and appellants,
and contractors using DBE firms to meet contract goals) are required to cooperate fully
and promptly with DOT and recipient compliance reviews, certification reviews,
investigations, and other requests for information. Failure to do so shall be a ground for
appropriate action against the party involved (e.g., with respect to recipients, a finding of
noncompliance; with respect to DBE firms, denial of certification or removal of eligibility
and/or suspension and debarment; with respect to a complainant or appellant, dismissal
of the complaint or appeal; with respect to a contractor which uses DBE firms to meet
goals, findings of non -responsibility for future contracts and/or suspension and
debarment).
Page 19 of 44
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
WORK SESSION STAFF REPORT
WORK SESSION DATE: February 08, 2016
TOPIC: 2015 Public Facility Funding Awards
ACTION REQUESTED: Approve Use of Staff's Award Contract and Define
Award Notice Signatory
LEAD STAFF: Mark R. Cook
RECOMMENDATION:
Approve use of the contract prepared by Public Works supporting awards for
2015 Public Facility funding.
BACKGROUND:
During late 2015, staff developed a funding agreement for Board of County
Commission (BOCC) following a request from the Board. Initial review of the
agreement was followed by final revisions that came back to the BOCC for
approval. Our records do not support any final action taken on the part of the
BOCC authorizing use of the agreement.
Previous notice of awards was provided by the Director of Public Works
DISCUSSION:
The attached agreement (EXHIBIT A) contains final redline comments from
Public Works for BOCC consideration. Once final comments are resolved, the
contract template is ready for distribution. Please note the insurance
requirements contained in the contract, as these are expected to be met with
various levels of acceptance by funding recipients.
Public Works has previously engaged the BOCC on setting fund reserve limits for
the Public Facility fund. Currently, two reserves are maintained: one for
emergency use and the other for supporting overruns of obligated projects.
COG meetings are staffed by CDS. It may be prudent for PW involvement
annually during PF project review and funding discussions — eliminating any
potential for expectation violations between PW and COG members.
It may be prudent for the Chair to sign notice of award letters underscoring the
Board's authority in the matter.
Page 1 of 2
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
FISCAL IMPACTS:
Setting specific reserves within the fund will influence the amount available for
future awards. Clarity will eliminate confusion amongst COG members annually.
EXHIBIT A: DRAFT FUNDING AGREEMENT
Page 2 of 2
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
2015 DISTRESSED COUNTY SALES AND USE TAX INFRASTURCTURE
IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND
This Contract, dated , 20165 is made and entered into by and
between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and
_ Formatted: centered
—("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 Work.
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"
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 identify all items that do not qualify for funding in Exhibit A
and list those items as Exhibit "B" which is attached hereto and incorporated herein
by this reference.
Section 2. Commencement Date/Agreement Term. j Formatted: Font: Bold
Section 3. Payment.
a. As full compensation for satisfactory performance of the Funding Recipient Services,
the County agrees to pay Funding Recipient the sum of (enter the amount here as
Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement
Page 1
Formatted: Font: 11 pt
text) and as numeric value ($).
b. Additional payment terms: The County will make payment to the Funding Recipient
only on a reimbursement basis, as receipts for eligible items are submitted to the
County, not to exceed the sum of (enter the amount here as text) and here as a
numeric value ($).
c. Final date to submit reimbursements requests is ninety (90) days after the ending of
this agreement as defined by Section 2 of this agreement.
d. Requests for reimbursements must be submitted to:
Kittitas Public Works Finance Director
Attn: Kathy Jurgens
411 North Ruby, — Suite 1
Ellensburg, WA 98926
e. Reporting requirements will be on prescribed forms from the Kittitas County Public
Works Department.
Section 4. Performance by Fundinq Reciuient
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
Distressed County Sales and Use Tax infrastructure Improvement Program Funding Agreement
Paget
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.
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 5. Release. Indemnity, 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;
• 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 6 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.
Distressed County Sales and Use Tax Infrastructure Improvement program Funding Agreement 3
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.
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 7. 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 8. Insurance and Endorsements.
a. The County requires 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. 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. 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.
Distressed County Sales and Use Tax Infrastructure Improvement Program funding Agreement
Page 4
Section 9. 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
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 10. 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.
f. 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 tens, condition or
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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.
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KITTITAS COUNTY
BOARD OF COUNTY COMMISSIONERS FUNDING RECIPIENT
Chair
Vice—Chair
Representative
Address
Commissioner Telephone
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Deputy Prosecuting Attorney
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EXHIBIT & APPLICATION FOR FUNDS
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EXHIBIT B: NON-QUALIFIED EXPENSE FOR REIMBURSEMENT
Please list all expenses that do not gualifv for reimbursement under the terms of this agreement
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