HomeMy WebLinkAbout2017-06-26-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday June 26, 2017 -1:30 PM
Commissioners' Auditorium
205 West Sth Room 109 - Ellensburg
1. Call to Order
2. Request to Sign a Letter Requesting Assistance from Washington State Department of
Transportation Managing Weekend Traffic Diverting to Nelson West Siding Road.
3. Request to Sign an Airport Use Agreement with ]ASCO Flight Training.
4. Request to Approve a Resolution and a Notice of Cali for Sealed Bids for the Procurement
of a Steel Modular Bridge.
5. Blackhorse at Whiskey Creek Discussion.
6. Naneum Creek -Wilson Creek Split Structure Discussion.
7. Other business
8. Adjourn
Created on 6/23/2017 8:10:57 AM
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1QT'CITAS COUNTY
3KX=X9r2 S COUNTY
DEPARTMENT OF PUBLIC WORKS
Mark Cook, Director
STUDY SESSION MINUTES
June 26, 2017
THOSE PRESENT: Paul Jewell, Laura Osiadacz, Obie O'Brien (BOCC); Mark
Cook, Candie Leader; Scott Casey (DPW); Dan Carlson,
Mike Flory, Steph Mifflin, Chelsea Benner (CDS); Lisa
Iammarino (CE); Neil Cauikins (PA)
GUESTS PRESENT: Pat Deneen, Chad Bala, Jennifer Reiner
A0 UEST TO SIGNA LETTER REQUESTING ASSISTANCE FROM WASHINGTON
STA TEDEPARTMENT OF TRANSPOR TA TION MANA GING WEEKEND TRAFFIC
DIVERTING TO WEST NELSON SIDING ROAD:
Mark presented to the Board of County Commissioners' a letter addressed to Washington State
Department of Transportation (WSDOT) regarding the detouring of vehicles off of I-90 onto
West Nelson Siding Road, due to the construction and heavy traffic, resulting in high speeding
vehicles, drivers urinating and defecating along the roadway and in private driveways.
Discussion was held.
Board Direction:
Commissioner Osiadacz made a motion to approve the letter to Washington State
Department of Transportation (WSDOT) with edits. Commissioner O'Brien seconded the
motion. Motion passed with edits. Commissioner Jewell stated that
a meeting in person with WSDOT should be scheduled with the Board of County
Commissioners as well.
REQUEST TO SIGNANAIRPORT USEAGREEMENT WITHL4SCO FLIGHT
TRAINING:
Mark presented the Board of County Commissioners' an Airport Use Agreement for
consideration. Mark stated that after several unsuccessful meetings with IASCO Flight Training
an agreement has finally been signed and a check received for use of Bowers Field. Flight
training operations are 93% of the take offs and landings at Bowers Field. After staff research, it
was discovered that to obtain full cost recovery for use by the flight training contractor was in
excess of $25,000.00 a year. After discussion with the Board of County Commissioners' an
amount of $1,000.00 per month for continued use of Bowers Field since IASCO was operating
without a current agreement. Mark reported that he sent out a letter and the agreement for
IASCO consideration and received no response until late last week. The Airport Use Agreement
411 N. Ruby, Suite #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
DepL of Public Works
Page 2
was sent with signature but without payment. On Monday morning Mark stated that he sent an
email to IASCO for a tracking number for the check that was sent USPS to be out of compliance.
At 11:00 am there was still no response from IASCO which left them in a trespass status at the
airport. Mark delivered a trespass notice at approximately 11:30 am and operations were
suspended. Around 1:00 pm the mail arrived and the check to bring IASCO current was
received. Mark stated that he then went back out to the airport and lifted the trespass notice.
Board Direction:
Commissioner Osiadacz made a motion to approve the Airport Use Agreement with
IASCO Flight Training as presented and Commissioner O'Brien seconded the motion.
Motion passed and approved as presented.
REQUEST TO APPROVE A RESOL UTIONAND A NOTICE OF CALL FOR SEALED
BIDS FOR THE PROCUREMENT OFA STEEL MODULAR BRIDGE:
Mark stated that in the November 2015 flood event, Ringer Loop sustained damage and was
repaired. In 2016, another flood event damaged Ringer Loop causing staff to decide that there
was no advantage in repairing the roadway and elected to go through FEMA's alternate project
process. After approval, Public Works was awarded one million dollars ($1,000,000) to obtain
new equipment and a temporary bridge. After discussion staff felt that anew 90 foot structure
instead of a 60 foot structure would better fit the needs of the Department. Mark presented a
resolution and a Notice of Call for Bids for the procurement of a Steel Modular Bridge for
Board approval.
Board Direction:
Commissioner Osiadacz made a motion to approve Resolution 2017-106 and a Notice of
Call for Sealed Bids for the Procurement of a Steel Modular Bridge. Commissioner
O'Brien seconded the motion approving Resolution 2017-106. Motion passed and
approved as presented.
BLACKHORSEAT WHISKEY CREED DISCUSSION.
Mark reported that during the past several winters, the onsite storm water ponds supporting
improved runoff within the Blackhorse subdivision have not worked properly since they were
constructed. Mark added that it appears the ponds are being influenced by the high water table in
various areas. In response to the height of the water table, DR Horton recently attempted to
construct a shallow infiltration gallery, which is excavation filled with round rock, setting the
bottom elevation approximately three (3) feet below the existing ground surface and the
excavation began filling during construction. Mark continued with stating that over the
following weekend, groundwater filled the excavation to approximately eight (S) inches in depth.
Staff then met with DR Horton on June 15, 2017 to discuss the issue. Currently, Public Works
does not have a plan from DR Horton to address this issue. Recently, Public Works conducted a
limited flood analysis of the DR Horton property (Black Horse) using a recently completed two
411 N. Ruby, Ste. #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
Dept. of Public Works
Page 3
dimensional flow model developed by the Flood Control Zone District of Whiskey Creek. Mark
stated that the preliminary results were shared with the Board of County Commissioners and
later with two (2) residents bordering the Black Horse property. Watershed Science and
Engineering has since completed a final flood study that was sent to the Board of County
Commissioners for review. Mark added that the final study was sent to DR Horton and
Ellensburg Water Company on June 20, 2017. A follow-up meeting with DR Horton has not
been scheduled at this time. In closing, Mark reported that a comprehensive approach to define
the extent and quantity of groundwater on the DR Horton site has not been conducted and
solutions are unlikely to succeed without knowing the impact of groundwater at the site. Mark is
suggesting that to help guide the process, a scope of work defining the likely data collecting
effort needed to define the water table and the underlying "aquitard" that is driving swallow
water table depth. Discussion was held.
Board Direction:
No Direction.
NANEUM CREEK— WILSON CREEK SPLIT STA UCTURE DISCUSSION:
Mark stated that in early December 2016, staff briefed the Board of County Commissioners
(BOCC) on issues surrounding a flow control structure on Naneum Creek. At that time, the City
of Ellensburg expressed interest in having the streambed in that vicinity of the structure dredged
in anticipation of potential flooding in the spring of 2017. Mark continued that there has been
significant flooding that has occurred in the Nanuem watershed throughout this past spring. One
tributary of Naneum Creek is currently completely plugged with round rock and debris blocking
water delivery. Mark added that the flow control structure is now being exercised attempting to
establish fifty percent (50%) flow delivery to Wilson Creek and over the past week numerous
water right holders have been gathering at the spilt discussing individual actions aimed at
establishing flow delivery to both stream systems. Mark mentioned that with the pending
potential shut down of state government will remove the ability for local Washington State
Department of Fish and Wildlife (WDFW) staff to issue an emergency HPA(s). He continued
that given the growing tension amongst area water right holders, unpermitted stream dredging
activities are a likely potential in the next several weeks or immediately following a government
shutdown. Mark stated that in December 2016, staff supported a multi -agency approach to
managing streambed materials at the split, staff was not successful in putting a multi -agency
team together and the issue was put aside. Now, with the flooding in the Naneum watershed and
clogging of creek tributaries bring a new issue of water supply for consideration. Mark added
that while the Flood Control Zone District (FCZD) mission does not include ensuring water to
water right holders and some could argue maintenance is a stated objective of the FCZD. Any
action to remove streambed materials could likely be seen by the community as the District's
obligation. Discussion was held on the issue of the BOCC electing to take action removing
streambed materials and recognizing the current dilemma faced by WDFW partners. The cost of
three days of streambed dredging would likely approach $ 15,000.00 and adding mitigation costs
to that total is no acceptable to the FCZD. Further discussion was held.
411 N. Ruby, Ste. #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
Dept. of Public Works
Page 4
Board Direction:
Schedule a meeting with local water right holders to discuss possible solutions.
OTHER BUSINESS.
FEMA MAPPING UPDATE:
Mark stated that last Thursday staff met with FEMA on the remapping project. Mark reported
that staff would like to add Mercer Creek into the update costing around $30,000.00. Discussion
was held.
Mark Cook, Director
411 N. Ruby, Ste. #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
June 26, 2017
Mr. Todd Trepanier
Regional Administrator,
2809 Rudkin Road
Kittitas County, Washington
BOARD oa; COUNTY COMMISSIONERS
District One District Two District Three
Paul Jewell Laura Osiadacz Obie O'Brien
WSDOT South Central Region
Union Gap, WA 98903-1648
Dear Mr. Trepanier:
Recently, residents along West Nelson Siding Road in Kittitas County have been subjugated to
heavy traffic loads during periods of traffic delay on Interstate 90 (I-90). Residents report that
increasingly those bypassing slow traffic on 1-90 are publically urinating and defecating along
West Nelson Siding Road and in private driveways. Kittitas County is currently evaluating our
ability closing the roadway to all but local traffic during summer months — recognizing declining
sanitation safety along West Nelson Siding Road.
Providing the County elects pursuing weekend road closures, what assistance can WSDOT offer
supporting our closure? Are there any actions that WSDOT can take minimizing the departure of
I-90 traffic onto West Nelson Siding Road during periods of slow moving or stopped traffic?
Can the off -ramps be�gned: "Local Traffic Only"?
ala r your thoughts and assistance in this matter.
E 1��ghl Jy�sl�'C'�tair'rYn
i
I-aura.(A Vice-( lii.rman
Obie O'Brien, Commissioner
C: Mr. Mark R, Cook, Public Works Director
Ms. Robin Reed, Public Health Director
Kittitas County Courthouse: 205 West 5"Avenue, STE io8 Ellensburg, WA 98926
(509) 962-7508 'FAX (509) 962-7679
www,co. k ittitas.wa.us
KITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
AIRPORT USE AGREEMENT
THIS AIRPORT USE AGREEMENT made and entered into this !L day of
, 2017 by and between KITTITAS COUNTY ("County"), a municipal
corporation in the State of Washington, acting through its Department of Public Works, and IASCO
FLIGHT TRAINING ("IFT"), a company authorized to do business in the State of Washington
(collectively referred to as the "parties"); and
WHEREAS, IFT is a certified flight training school which intends to provide flight training
instruction to students enrolled in Central Washington University ("CWU") at the Kittitas County
Bowers Field Airport ("Airport"), and the parties hereto desire to set forth the operating privileges
and responsibilities of IFT at the Airport; and
WHEREAS, IFT is a licensed business in the State of Washington (Business License
attached as EXHIBIT 1; and
WHEREAS, this Airport Use Agreement herein referred to as the "Agreement") is made in
accordance with Chapter 19.04 of the Kittitas County Code ("KCC") and is subject to said code, as
amended; and
NOW THEREFORE, in consideration of the mutual promises made in this Agreement, the
parties agree as follows:
PREMISES: The County hereby agrees to allow IFT access to the areas leased to Central
Washington University as described in EXHIBIT 2 and use of all Airport facilities
reasonably required by IFT to perform flight training instruction to CWU students as
contemplated herein. Hereinafter, such premises shall be referred to collectively as the
"Airport premises".
2. PURPOSE: The purpose of this Agreement is to allow IFT access to the Airport premises
for the purposes of the following commercial aeronautical activities:
a. Providing flight training instruction.
b. Conducting air and ground operations necessary for flight training instruction.
c. Taking off and landing aircraft on the Airport runway surfaces.
d. Taxiing to and from the runway.
e. Temporary aircraft parking.
f. Aircraft fueling at the on -field fuel station or Fixed Base Operation fueling.
g. Other activities reasonably required by IFT to perform flight training instruction to
CWU students as contemplated herein.
PAGE 5
-NT
h. Those purposes detailed in the attached Operational Plan, which is attached hereto as
EXHIBIT 3.
3, TERM: The term of this Agreement shall be for one (1) year and will commence on January
1, 2017 and terminate December 31, 2017. This Agreement may, at the option of IFT and
acceptance by the County, be renewed from year to year in accordance with the terms and
conditions herein specified.
4.
5. USAGE FEE: IFT shall pay to the County the total sum of One Thousand and no1100
dollars ($1,000.00 USD) monthly as a usage fee for use of the Airport premises and for the
other rights and privileges granted hereunder during the term of this Agreement. Monthly
payment shall be made within ten (10) days from the first day of each month. Once
delinquent on a single monthly payment, a thirty day grace period will commence. The
lease shall terminate when IFT is sixty (60) days delinquent on any monthly payment and
provisions of Section 23 of this agreement shall not apply.
6. ADJUSTMENT OF USAGE FEE: Following the completion of the initial term of this
agreement, the County shall have the right to readjust the usage fee by negotiation with
IFT for any year-to-year renewal term, but it is agreed that the fee shall not exceed five
percent (5%) of the previous year's fee.
7. AIRCRAFT MAINTENANCE: IFT ma perform incidental maintenance of its aircraft
subject to review and approval by the Lessor. The following maintenance activities are
specifically NOT ALLOWED:
• Fuel transfer
• Welding
• Torch cutting
• Torch soldering
• Doping
• Spray painting
8. Failure by IFT to adhere to this section of the lease results in immediate termination of the
lease without cost recovery of any remaining monthly fees paid. Section 23 of this
agreement shall not apply.
9. PREMISES ACCESS: For the duration of this Agreement, IFT employees, agents,
contractors, and invitees shall have ingress to and egress from the Airport and the Airport
premises.. The primary aeronautical access point shall be the West drive-thru gate. Kittitas
County may allow a single additional access pedestrian access point during the duration of
this agreement.
IFT acknowledges and accepts tull responsibility for compliance with all applicable rules
and regulations of the Federal Aviation Administration as set forth from time to time
relating to IFT's use of the airport. IFT fully understands and acknowledges that any
security or access measures deemed necessary by the County for the protection of any
Airport premises, or equipment and property and access to the Airport through the Airport
premises shall be the sole responsibility of IFT and shall involve no cost to the County,
unless agreed upon otherwise.
PAGE 2
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10. OPERATING CERTIFICATES: IFT shall provide the Kittitas County Department of
Public Works with copies of all current operating certificates and other documents relating
to IFT's authority to continue its operations at the Airport as the County may reasonably
request (attached as EXHIBIT 4)
11. DISCLAIMER: IFT agrees to accept all Airport premises on an "as is" basis. Further, the
County hereby disclaims, and IFT accepts such disclaimer, of any warranty, either express
or implied of the condition and usability of any of the Airport premises.
The County shall not be under any duty or obligation to IFT to repair or maintain the Airport
premises, or any portion thereof, or any facilities or equipment constructed thereon. The
County shall not be responsible or liable to IFT for any claims for compensation for any
losses, damages, or injury, including lost profits, sustained by IFT resulting from failure of
any water supply, heat, air conditioning, electrical power, or sewer or drainage facility, or
caused by the natural physical conditions on the Airport, whether on the surface or
underground, including stability, moving, shifting, settlement of ground, or displacement of
materials by fire, water, windstorm, tornado, act of God, or state of war, civilian commotion
or riot, or any other cause or peril beyond the control of the County, except to the extent
covered by the County's insurance.
12. RULES AND REGULATIONS: IFT agrees to comply with all pertinent rules and
regulations of the federal, state and local governments, as well as the rules, regulations,
ordinances, and minimum standards of the Airport, as are presently in effect and may in the
future be adopted. The rules, regulations, ordinances and minimum standards of the Airport
are made a part of this Agreement and shall have the same effect as though written herein.
A copy of the Kittitas County Airport Standards is on file in the office of the Kittitas County
Department of Public Works.
13. INSURANCE: IFT shall obtain and maintain in force during the term of this Agreement a
liability insurance policy, which provides protection for bodily injury (including death) and
property damage. Said insurance shall provide coverage by IFT to any employees or
permittees of IFT, and shall name the County as an additional insured.
a. Liability insurance policy shall have the following provisions, at a minimum:
i. Premises liability coverage in an amount not less than $1,000,000 - each
occurrence.
ii. Provide for not less than thirty (30) days in advance a written notice to
Kittitas County regarding any material change or termination of the policy.
Proof of insurance is attached as EXHIBIT 5.
b. IFT hereby releases the County of and from every and all right, claim and demand
that IFT may hereafter have against County, its successors or assigns, arising out of
or in connection with any loss or losses occasioned by fire and such items as are
included under the normal extended coverage clauses of insurance policies, and does
hereby waive all rights of subrogation in favor of insurance carriers against County
arising out of any losses occasioned by fire and such items as are included under the
PNCE 3
normal extended coverage clauses of fire insurance policies, and sustained by IFT in
or to the said Airport premises.
C.
14. INTDEMNIFICATION: IfT shall detend, indemnify, and hold the County, its successors and
assigns, and the respective directors, officers, employees, insurers, agents and
representatives of the County completely harmless from and against any and all claims,
suits, demands, actions, liabilities, losses, damages, judgments, or fines arising by reason of
injury or death of any person, or damage to any property, including all reasonable costs for
investigation and defense thereof (including, but not limited to, attorney fees, court costs and
expert fees) of any nature whatsoever arising out of IFT's conduct at the Airport, or in its
use or occupancy of the Airport premises, regardless of where the injury, death, or damage
may occur, except to the extent such injury, death, or damage is caused by the negligent act
or omission or willful misconduct of the County. TFT shall also use counsel reasonably
acceptable to the County in carrying out its obligations hereunder.
Any personal property of IFT or of others placed in the Airport premises or placed anywhere
on the Airport shall be at the sole risk of TFT or the owners thereof, and the County shall not
be liable for any loss or damage, except to the extent such loss or damage was caused by the
negligence of the County.
The provisions of this Section shall survive the expiration or termination of this Agreement.
15. AIRPORT TRAFFIC: It is understood and agreed that the IFT's use of the Airport premises
shall not unreasonably interfere or restrict the use of aircraft landings, take -offs, storage of
aircraft, taxiing, and movement of ground vehicles. IFT shall comply with all rules and
regulations of the Federal Aviation Administration, Washington State Department of
Transportation Aeronautics Division, and the Kittitas County Airport Standards.
16. FIREARMS: Hunting or discharging of firearms will not be permitted on or from said
Airport premises,
17. NOTICES: Any notice given by one party to the other in connection with this agreement
shall be in writing and shall be sent by certified or registered mail, return receipt requested
as follows:
a. If to the County, addressed to:
Kittitas County Department of Public Warks
411 N. Ruby, Suite #1
Ellensburg, Washington 98926
b. If to IFT, addressed to:
IASCO Flight Training
6460 Lockheed Drive
Redding, California 96002
PAGE 4
"Cut ry AJRPt. hH l v3E AGREENLA';
Notice shall be deemed to have been received on the third day after the date of mailing.
18. ATTORNEY FEES: In the event that the County shall bring suit to recover any usage fees
due hereunder, or for breach of any provision of this Agreement, or if IFT shall bring any
action for any relief against County, declaratory or otherwise, arising out of this Agreement,
the prevailing party shall recover reasonable attorney fees and costs which shall be
determined and taxed by the court as part of the costs of such action.
19. RIGHTS OF THE U.S. GOVERNMENT: The County holds title to the Kittitas County
Bowers Field Airport partially by virtue of a deed from the United States Government. A
copy of said deed is available for inspection at the office of the Kittitas County Department
of Public Works, hereto and made a part of this instrument as though fully set forth herein.
IFT agrees that it will do nothing which will cause the County to be in violation of the terms
of said deed. IFT furthermore agrees that it has had ample opportunity to review said deed
and is aware of all of the terms and conditions therein.
20. ASSIGNMENT: This Agreement is for IFT only and cannot be transferred or assigned.
21. BANKRLPTCY: It is further agreed and understood that in case of the insolvency or
bankruptcy of IFT, or any assignment for the benefit of creditors or the appointment of a
receiver for the IFT, this Agreement shall be immediately terminated and shall be of no
further force and effect, and that the Trustee in Bankruptcy, Receiver, or Assignee for the
benefit of creditors shall not have any rights whatsoever in the Airport premises.
22. DEFAULT: In the event that one of the parties herein fails to comply with any
commitments, duties or responsibilities under this Agreement, or any of its conditions or
terms as herein stated, the non -breaching party must give written notice to the breaching
party of the breaching party's failure to comply. If such condition is not corrected within ten
(10) days from the date of notice, the non -breaching party may choose to terminate this
Agreement.
23. MODIFICATION OR TERMINATION: it is understood by the parties that the County
may modify the terms of this Agreement in whole or in part if any regulation governing
airports or county property is amended in a way that impacts the County's ability to comply
with the terms stated and contemplated herein. For the purposes of this section, "regulation"
is defined to include, but is not limited to: case law interpreting any rule or regulation; any
federal rules and regulations, including Federal Aviation Administration rules and
regulations; state rules and regulations; and local rules, regulations and ordinances.
a. In the event that County shall elect to modify or terminate this Agreement, County
shall do so only upon one hundred twenty (120) days written notice, notifying IFT
that the Agreement to which this applied is being so modified or terminated.
b. Upon receipt of such notification, and in the event the notification specified
modification of the Agreement short of termination, IFT shall have sixty (60) days in
which to notify the County of IFT's intention to continue the Agreement as modified
or of IFT's intention to treat the Agreement as terminated.
PAGE 5
c. In the event that IFT elects to treat the Agreement as terminated, all usage fees shall
be pro -rated to the date IFT shall have restored the premises to the County in
accordance with the terms of this Agreement governing IFT's duties to restore the
premises to County upon expiration of the Agreement term.
d. It is further agreed that neither such modification or termination of this Agreement,
in whole or in part, shall give rise to any cause of action for damages or any other
form of relief by IFT against County or any successor of IFT.
e. In the event of such modification or termination, IFT understands that other than a
refund of any paid usage fees prorated to the date IFT has restored the Airport
premises to County, IFT shall have no claim for compensation as occasioned by said
modification or termination.
24. CONDITION OF PREMISES: IFT warrants and agrees that in its use of the Airport
premises it shall not commit waste and that it will keep said Airport premises in a safe,
sanitary, neat, presentable, and otherwise good condition, and in general shall comply with
all the applicable governmental rules, ordinances and regulations as may be required or
imposed by such authorities on said premises and shall comply with any direction pursuant
to law of any public officer or officers who shall be empowered to enforce local, state and
federal rules, regulations and ordinances upon the Lessee with respect to the said Airport
premises or the use, occupancy, or control thereof and shall not suffer any improper or
offensive use of said Airport premises. Upon termination or expiration of this Agreement,
should the Airport premises not be left in such condition, normal wear and tear excepted,
the County may repair the Airport premises and seek reimbursement from TFT in any
manner allowed by law.
25. RIGHT TO REVIEW: Pursuant to KC:C: 19.04.240(2)(h) and KCC 19.04.250(1), the
County or its designee shall have the right to review IFT's records as they pertain to this
Agreement. 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 are reasonable and pertinent to the Agreement and its performance.
26. TAXES: IFT understands and acknowledges that it shall be solely responsible for the
payment of all applicable federal, state, and local taxes.
27. NON-EXCLt; SIVITY: Nothing in this Agreement shall be construed to grant exclusive
access to the Airport premises to IFT.
28. WAIVER: No assent, express or implied, by either party to any breach of any of the other's
covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver
of any succeeding breach of any covenant, agreement, condition or term hereof.
29. VENUE: In the event of any litigation between County and IFT arising out of this
Agreement, the venue for such action shall lie in Kittitas County, notwithstanding any
contrary provision of the Revised Code of Washington.
PAGE 6
,�; ( E " GOU"N''�"_
34. APPLICABILITY: The covenants, agreements, terms and conditions contained in this
Agreement shall apply to and be binding upon County and EFT and their respective heirs,
executors, administrators, successor and assigns.
31. INTEGRATION: Exhibits and Recitals are incorporated herein by this reference. This
Agreement embodies the entire agreement between the parties with respect to the subject
matter herein contained. No amendments or modifications hereof shall be enforceable
unless in writing, signed by the party to be charged.
PAGE 7
IN WITNESS WHEREOF, the County and IFT have signed their names and affixed their seals the
day and year indicated below.
ATTEST:
o`
NX
M
Approved as to Form:
Deputy Prosecuting Attorney
FOR THE COUNTY:
BOARD OF COUNTY COMMISSIONERS
KITT COUNTY, WASHINGTON
au ewell. Chairperson
Dated:xod,4x-t �1�7
FOR IFT:
IASCO FLIGHT TRAINING
Dated:
Rev 8/22114
FAGr v
:'.IRPORT USE ACREEhENT
EXHIBIT 1
IFT WA State Business License
41
M'
St•3raiG � C�td
Unified Business ID 01 603 445 021
Business ID #1 1
Locations I
..a ASCO FLIGHT TRAINING, INC.
IASC0 FLIGHT TRAINING, INC.
DEPT nR AVIATION
400 E UNIVERSITY WAY
ELLENSBURG WA 98926 7815
TAX REGIS rPAT,I ON
INDUSTRIAL INSURANCE
UNEMPLOYMENT 1NSURAKE
LICENSING RESTRICTIONS:
Not licensed to hire minors without a Minor Work Permit.
REGISTERED TRADE NAKESs
IASCO FL10HT TRAINING, INC.
.'s+rtocur,x,nrVmhthe rt:gistraUnri%rndorsemer",and li sautlseutredforthebusiness
onedabo Hi+xrcc trngthlsdacunm:tt,tfselit�Anseecesttfsestftein(am�atiutsanthw; r Iain
s i•omplcif,, .me, andl accurase to the best of hisai her knawl e, and that business will hie
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mdut (-din r t?nll lt. WMA' *Ith all apPlsrable WOiriglon l , atacounty, and rpt regulations 'r�lrc�t�r. s19p2ri +rnt a= R".nun
. - t:..�or.= 1. '�.r ;..���..yyy r,A..p..��. r_.�.x���„...-a,.,y�.+..- .yay ,�a9w'v �.: r•,e,,.. _ meq..—� rn9nw.,.'.,. �• --�,yy„t.rw' .r
EXHIBIT 2
CENTRAL WASHINGTON UNIVERSITY LEASE
PAGE -.'0
i I"137
FIRST AMMENDMENT TO FLIGHT TRAINING AGREEMENT
This is an Amendment to the Flight Training Agreement made and entered into on December
4, 2014 (the "Original Agreement") by and between Central Washington University ("CWU" or
"University"), 400 East University Way, Ellensburg, Washington 98926, and AVIASCO, Inc.,
doing business as IASCO Flight Training, Inc. {"IFT" or "Contractor"), 6460 Lockheed Drive,
Redding, California 96002.
RECITALS
WHEREAS, the parties entered into the Original Agreement based on expected or forecast
circumstances that have since changed, and the parties have mutually agreed to address such
changes by amending the Original Agreement as described herein.
THEREFORE, this Amendment is to memorialize the following revisions to the Original
Agreement.
AMENDMENT'S
Attachment A — Flight Training Services & Rates of the Original Agreement has changed as
follows:
1. C172 (single engine non-complex aircrafts) rate increase from $130 to $140;
2. Flight Instruction - FTD rate increase from $50 to $55;
3. Flight Instruction - Single rate increase from $50 to $60. An equal percentage reduction in the
hourly rate charged to the student will be applied if any decrease in flight instructor salary/pay in
the future.
CONFIRMATION OF THE ORIGINAL AGREEMENT
In all other respects, the Flight Training Agreement, dated December 4, 2014 between
IASCO Flight Training, Inc. and Central Washington University is confirmed except as modified
in this Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Original
r Agreement to be effective as of the date and year below written.
Dated.
CENT SHCIlI N TV RSITY
Date:i
Katherine P. Frank, PhD, ProtostJVice President for Acadersj anh Student Life
IASCO FLIGHT TRAINING, INC.
hi Date: _42;t
;t
Ltfz eon6dor4 Accounting Manager/Treasurer
FLIGHT TRAINING AGREEMENT
CENTRAL WASHINGTON UNIVERSITY
This FLIGHT TRRAINING AGREEMENT ("Agreement") is entered into by and between Central
Washington University ("CWU" or "University"), 400 East University Way, Ellensburg, Washington 98926, and
AVIASCO, Inc., doing business as IASCO Flight Training ("IFT"' or "Contractor"), 6040 Lockheed Drive, Redding,
California 96002. The purpose of this Agreement is to provide flight instruction for CWU aviation students
(hereafter referenced as "the Flight Training Program").
RECITALS
1.1 University. CWU is a public institution of higher education established by the State of
Washington with its main campus located in Ellensburg, Washington. CWU through its Department of Aviation
offers a Bachelor of Science Degree in Professional Pilot. This accredited degree program combines academic
studies with flight training to prepare graduates for careers within the air transportation industry.
1.2 Contractor. IFT is a flight training company located in Redding, California. IFT employs
qualified flight instructors and other personnel necessary to provide flight training meeting the requirements for pilot
and flight instructor certifications and ratings under 14 CFA Part 141 and other applicable FAA regulations. This
Agreement between CWU and IFT is executed with the understanding that IFT is now or soon will be operating
under new ownership and new management.
1.3 Contract Novation. The recitals under IM 1.1 and 1.2 hereof are incorporated herein by reference.
The parties to this Agreement mutually acknowledge that CWU and IFT previously entered into a flight training
agreement on March 14, 2014, as amended through May 9, 2014, and that IFT subsequently notified CWU of LFT's
inability to perform its obligations thereunder. The parties to this present Agreement mutually agree that this new
Agreement shall not become effective until IFT is operating under the new ownersbip and management referenced
in 11.2 above. Upon that event, this Agreement shall automatically substitute for the previous agreement and shall
extinguish all obligations thereunder.
1.4 International Studies. It is the further intent of the parties to explore at some future date the
development of an international studies program at CWU for students associated with the Rutian International Flight
Academy ("Butian") in Qingdao, China. The parties intend that an inter -institutional agreement for that purpose
could incorporate a mutually agreeable provision that the non-resident portion of CWU student tuition paid by
hutian students could fund the further development of the flight training infrastructure in support of the CWU/IFT
Flight Training Program.
1.5 Consideration. For and in consideration of the foregoing recitals and agreements, and in further
consideratiofi of the payments and other covenants, promises, and mutual agreements provided herein, the parties
hereby agree as follows.
II. FLIGHT TRAINING PROGRAM
2.1 Contractor's Obligations.
General
(a) Program Location. Except as otherwise agreed, IFT will provide the CWU Flight Training
Program at Bowers Field in Ellensburg and will operate out of CWU's Aviation Training Center.
(b) Flight Training Courses. The Flight Training Program will consist of flight training under 14
CFR Part 141, both dual and solo, and including pre- and post -flight ground training, for CWU students enrolled
through the Department of Aviation in flight certification lab courses leading to the following FAA certificates and
ratings: Private Pilot Certificate (PVT), Instrument Rating (IFR), Commercial Pilot Certificate (COM), and Multi -
Engine Rating (ME). Training for the Certified Flight Instructor Certificate (CFI) and, as arranged, training for
CWU Flight Training Agreement Page 1
optional ratings and certificates, including CFI -Instrument (LFII) and Multi -Engine Instructor (MEI), will be
conducted under 14 CFR Part b 1.
(c) Program Commencement. IFT flight instructors and other personnel necessary to deliver the
Flight Training Program must have received syllabus training and be ready to commence instruction no later than
September 15 of each year, except for the first year of this Agreement when training shall commence no later than
October 2014.
(d) Training bleeds. IFT will have appropriate aircraft and qualified flight instructors available to
meet the scheduled training needs of CWU students in a timely manner. CWU will conduct quarterly evaluations of
student progress to determine if flight training obligations are being met. If progress is deemed unsatisfactory, IFT
and CWU personnel will collaborate to determine the need for additional scheduled flights, instructors, and/or
aircraft as required.
)Eaauturn
(e) Aircraft. IFT will provide the single- and multi -engine fixed wing aircraft for the training
services set forth in Attachment A and incorporated herein by reference. The aircraft will be of sufficient number
to meet training requirements as determined by mutual agreement. At least one aircraft must be certified for spin
training. IFT will be responsible for the fueling, storage, and maintenance of training aircraf%
(f) Equipment. Aircraft (with the exception of VFR spin -training specialized aircraft) must be
equipped with: (i) equipment required by FAR 91.205 and 91207; (ii) equipment required by FAR 91.215b for
flight in Class B, C, D, E, and G airspace; and (iii) voice intercom, GPS navigation, and aircraft tracking systems as
appropriate. In addition, multi -engine aircraft and single-engine instrument trainers must be equipped with dual
communication radio, dual navigation radio, and ILS localizes and glide scope receiver.
(g) Maintenance. CWU will have the right to inspect and approve all aircraft and equipment used in
support of the Flight Training Program. Each aircraft must be registered as a civil aircraft in the United States and
must be maintained in a safe and airworthy condition as demonstrated by an appropriate airworthiness certificate.
No aircraft with malfunctioning or inoperative electrical, avionic, or mechanical components shall be used for
training purposes except as mutually agreed and otherwise consistent with FAA regulations. Maintenance records
must be available for review at all times by CWU Department of Aviation personnel. CWU students will not be
charged for flights cancelled because of mechanical issues.
Personnel
(h) Assistant Chief Flight Instructor. IFT will employ an Assistant Chief Flight Instructor as
described under 14 CFR 141.91 for the satellite base of operations at Bowers Field. The Assistant Chief Flight
Instructor will act as the liaison between IFT and the CWU Assistant Chief Ground Instructor. The Assistant Chief
Flight Instructor shall perform duties as outlined in applicable program operating procedures described in Section IIT
hereof.
(i) Instructor Qualifications. Flight instructors must hold at least a bachelor's degree from an
accredited institution and must be appropriately rated for the courses for which they are approved to provide
training. IFT will give priority consideration to graduates of CWU's Professional Pilot degree program in hiring
instructors for the CWU Flight Training Program. CWU retains the right to approve the appointment and
qualifications of IFT flight instructors assigned to the Flight Training Program.
0) Training Load. IFT will employ sufficient qualified instructors to meet the training needs of the
CWU Flight Training Program. Appropriate instructor/student ratios will be determined by mutual agreement and
will. be subject to periodic review, Flight instructors will be limited to a duty schedule of no more than six days per
week and no more than fourteen hours of consecutive duty time within a 24-hour period.
CWU Flight Training Agreement Page 2
2.2. University's Obligations.
(a) Facilities. In support of the Flight Training Program, CWU will provide its Aviation Training
Center facility at Bowers Field for use by IFT personnel and by faculty, staff, and students of CWU's Department of
Aviation. Such facility use will include the use of CWU computers, Internet access, telephones, utilities, and office
supplies, provided that such use shall be strictly limited for purposes directly and exclusively in support of the CWU
Flight Training Program.
(b) Dispatching. CWU will perform all required flight dispatching functions utilizing CWU
personnel, equipment, and supplies. It is understood that CWU, to the extent feasible, may employ CWU aviation
students to assist with dispatching fiurctions.
(c) Ground Courses. Unless otherwise agreed, CWU will conduct all ground school courses meeting
the academic completion requirements of the Professional Pilot degree. CWU will perform a quarterly review of
both the ground and flight school curriculum to ensure compatibility and to minimize redundant ground school
instruction.
III. PROGRAM OPERATING PROCEDURES
3.1 Base of Operation. Unless otherwise arranged, all IFT aircraft supporting the Flight Training
Program will be based at Bowers Field. All flight operation and instruction for a specific phase of training shall
commence and terminate at Bowers Field, unless otherwise authorized by CWU. Overnight training flights must be
approved in advance by IFT's Assistant Chief Flight Instructor and by CWU's Assistant Chief Ground Instructor.
3,2 Hours of Operation. Weather conditions permitting, the Flight Training Program shall operate
not less than a normal eight-hour workday for a minimum of six days a week, excluding holidays. It is IFT's
responsibility to ensure that aircraft are operational in cold weather conditions.
3.3 Operating Procedures. IFT will develop and maintain Standard Operating Procedures (SOP) for
conducting the CWU Flight Training Program. The SOP will be based on guidance provided by applicable Federal
Aviation Regulations (FAR) under Title 14 CFR, FAA Advisory Circulars (ACs), and the FAA Aeronautical
Information Manual (AIM). The SOP and any subsequent revisions, all of which shall be incorporated herein by
reference, must be approved both by IFT and by CWU. The SOP manual, and any revisions, will be provided to all
CWU students participating in the Flight Training Program.
3.4 Safety Procedures. CWU and IFT will collaborate in developing and maintaining a Safety
Management System (SMS) specific to the CWU Flight Training Program which shall be incorporated herein by
reference and which shall at a minimum comply with applicable federal safety regulations and directives. The SMS
will incorporate incident reporting and response procedures, an emergency response plan, and a procedure for the
anonymous reporting of potential safety violations or concerns. An "incident" for purposes of this Agreement shall
be as defined by the FAA, but shall also include any deviation from the approved SMS.
3.5 Student Records Management.
(a) IFT will maintain and provide access to a Talon Systems "ETA" data management software
program which IFT will use for tracking and reporting the progress of student training.
(b) IFT will maintain student progress records for each student recording at least the following
information: (i) scheduled weekly training sessions, (ii) scheduled sessions that were cancelled, "bumped," or
rescheduled by IFT or by the student, (iii) brief narrative of each flight, including the lesson number and whether the
lesson was completed or the reason it was not completed,; (iv) a written evaluation at each flight stage check
recording the student's progress in the syllabus.
CWU Flight Training Agreement Page 3
(c) Authorized CWU and IFT personnel will have access at all times to student training records.
Student training records will be maintained for at least six calendar years after a student successfully completes or
discontinues a training course.
(d) The parties understand that student training records are confidential "student education records"
protected by the Family Educational Rights and Privacy Act, 29 U.S.C. 1232g. Student records shall be used by the
parties solely as needed for the purpose of providing authorized flight training and shall not be disclosed to any third
party without the student's written consent unless otherwise required by law.
3.6 Stage Checks. Authorized CWU Aviation faculty will conduct periodic stage checks after
receiving the required standardization training. IFT will charge students the normal instructional rate for stage
checks conducted by CWU faculty, but CWU faculty shall receive no compensation from IFT for conducting the
checks. Amounts billed to students for stage checks conducted by CWU faculty will be deposited in a separate
account and used to pay for standardization training provided by IFT to CWU faculty, as well as for any books or
materials needed for CWU faculty to conduct the authorized stage checks.
3.7 Accreditation. CWU is regionally accredited through the Northwest Commission on Colleges
and Universities ("NWCCU"). CWU further intends to meet the requirements for obtaining specialized
accreditation for its Department of Aviation programs through the Aviation Accreditation Board International
("AABI" ). The parties to this Agreement intend and agree that the CWU Flight Training Program will be conducted
in accordance with applicable accreditation standards. IFT will not he responsible for additional operating costs
incurred solely as a result of complying with accreditation standards. The parties nonetheless agree that compliance
with accreditation standards shall be deemed a material term of this Agreement. In furtherance whereof, the parties
agree that the CWU Department of Aviation shall have the final authority and ultimate responsibility to approve the
content and delivery of flight training courses, the appointment and qualifications of flight instructors, and the
evaluation of student progress, which approvals shall not be unreasonably withheld.
IiV. STUDENT ENROLLMENT AND FEES
4.1 Client Services. This Agreement constitutes a "client services contract" under RCW
39.26.010(5) and 39.26.125 (6) for the purpose of providing training program services directly to CWU's students. It
is understood and agreed that all fees paid to IFT for the Flight Training Program shall be paid from student course
fees collected by CWU and passcd through to IFT.
4.2 Student Enrollment. All students participating in the CWU Flight Training Program must apply
for admission to, and by accepted by, CWU and its Department of Aviation. CWU shall have sole discretion to
enroll students in the Flight Training Program, and no student shall begin any flight training course for academic
credit without written authorization from CWU. IFT may refuse to provide training to any student whom IFT
identifies as presenting an immediate safety risk, but the suspension of a student for more than a single flight must
be approved by CWU.
4.3 Training Fee Schedule. Flight training fees for CWU students shall be in accordance with the
training fee schedule published by CWU as of Septembor 2014 for the 2014-15 academic year and incorporated
herein as Attachment A to this Agreement. Training fees fdr subsequent years may be negotiated by the parties.
Unless otherwise agreed in writing, proposed fee increases must be submitted for CWU approval by January 1 of
each year for the ensuing academic year.
4.4 Payment of Course Fees. In order for IFI' to be reimbursed from CWU student course fees, no
student may begin flight training until the student has paid all required course fees to CWU, Course fees must be
paid no later than the first day of classes or first day of enrollment, whichever is later. CWU will transfer all student
course fees paid to IFT's account no earlier than one day after the quarterly "Add -Drop" date and upon receiving an
itemized invoice from IFI".
4.5 Contractor Reimbursement. Charges for flight training will be applied to each student's
account, and IFT will be reimbursed for flight training, at the rates shown in Attachment A. If a student expends
the entire fee for a training lab and still has flight requirements to meet, the student must make additional fee
CWU Flight Training Agreement Page 4
payments through CWU, or directly to IFT, before being permitted to continue the training. Within five days of the
end of each quarter or upon a student's withdrawal from a training course, IFT will reconcile each student account
and refund any unused training fees to CWU. CWU will be responsible for returning the unused fees to the student
or other authorized funding source. In no event will IFT refund unused training fees directly to the student.
4.6 Cancellations. Students will not be charged for training sessions cancelled by IFT. If IFT must
reschedule or cancel a student's scheduled training session on less than 24 hours' notice, IFT will make every effort
to notify the student by phone, email, or otherwise. Efforts to notify the student must be documented in the
student's training record. Students will be charged for training sessions cancelled by the student on less than 24
hours' notice.
4.7 . Training Materials and Tests. It is understood and agreed that IFT will have no responsibility
for the cost of student training materials, FAA computerized tests, or the student registration fee for the ETA data
management system. Such items are the separate responsibility of CWU flight students or will. be absorbed into the
existing student fee structure for ground school training.
4.8 Unscheduled Training. CWU and IFT recognize that students may want to fly on their own
during the summer and other scheduled breaks. Students choosing to fly outside the regular quarterly training
periods may be required to make payments directly to IFT before being permitted to fly.
V. CONTRACT TERM, TERMINATION, DISPUTES
5.1 Term. The term of this Agreement shall be for a period of five years beginning on September 1
and ending on August 31 of each year, except for the first year which will begin in October 2014. This Agreement
may be renewed upon mutual agreement for additional terms of up to five years each.
5.2 Termination.
(a) This Agreement may be terminated at any time by mutual written agreement of the parties.
(b) The Agreement may be terminated by either party for a material breach by the other party of that
party's obligation(s) hereunder. In the event of breach, the aggrieved party must provide written notice to the
breaching party and allow fifteen (15) days to cure. If the breach cannot be cured within that time or such other time
as deemed reasonable by the aggrieved party, the Agreement may be terminated immediately by written notice of
the aggrieved party. Termination for breach shall not be deemed to limit any of the terminating party's contractual
remedies as against the breaching party.
(c) The Agreement may be terminated by either party by giving written notice by January 1 of each
year that the parties are unable to agree on a proposed student training fee schedule for the ensuing academic year.
5.3 Disputes. Any disputes between the parties arising under or related to this Agreement shall be
resolved informally if possible, but if the parties cannot so resolve their differences, then arbitration shall provide the
sole and exclusive remedy for addressing the contract dispute. The parties shall jointly select one arbitrator
acceptable to both parties. If the parties cannot agree on an arbitrator, the Yakima Dispute Resolution Center shall
be requested to choose an arbitrator. The fees and expenses of the arbitrator shall be shared equally by both parties
to this Agreement, and each party shall bear its own costs and attorney fees. Arbitration shall be conducted
according to the commercial arbitration procedures established by the American Arbitration Association, The
arbitrator's decision or award shall be final and binding on both parties.
5.4 Essential Terms. Time and safety are each of the essence of the terms of Sections II and III of
this Agreement relating to IFT's provision of flight training services to CWU students.
CWU Flight Training Agreement Page 5
VI. GENERAL TERMS AND CONDITIONS
6.1 Assignment. This Agreement shall extend to and be binding upon and inure to the benefit of the
successors and assignees of the respective parties. However, this Agreement may not be assigned or subcontracted
by either party without the other party's express written consent.
6.2 Independent Capacity. This Agreement is intended to create -an independent contractor
relationship. Each party to the Agreement shall act in an independent capacity and not as an agent or representative
of the other party. The employees or agents of each party who are engaged in the performance of this Agreement
shall continue to be the employees or agents of that party and shall not be considered for any purpose to be the
employees or agents of the other party.
6.3 Indemnification. Each party to this Agreement shall be responsible for its own acts or omissions
and for those of its directors or trustees, officers; employees, and authorized agents. Neither party shall be
responsible to the other party for the acts or omissions of persons or entities not a party to this Agreement. It is
expressly understood and agreed that CWU students participating in the Flight Training Program are not parties to
the Agreement and are not the employees or agents of either party.
6.4 Insurance. IFT during the term of this Agreement will maintain appropriate insurance and will
provide CWU with a certificate, binder, or policy of liability insurance acceptable to CWU with minimum coverages
of (a) $1,000,000 per occurrence for products and premises liability, and (b) aircraft liability insurance of
$3,000,000 combined single limit on all four -passenger or smaller aircraft and $5,000,000 combined single limit on
larger aircraft. The required insurance policies must name Central Washington University and the State of
Washington as additional insureds and must be primary to other insurance. CWU must be given 45 days' written
notice before such insurance is modified or canceled.
6.5 Non -Discrimination. The Flight Training Program will be conducted by both parties in
compliance with applicable federal and state laws prohibiting discrimination in education, employment, or public
accommodations based on age, sex, marital status, sexual orientation, race, creed, color, national origin, genetic
information, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical
disability or the use of a trained dog or service animal by a person with a disability, unless based upon a bona fide
occupational qualification.
6.6 Records and Audits. The parties recognize that business and training records created,
maintained, or used in the performance of this Agreement may constitute public records subject to the public
disclosure and retention requirements under applicable state law. Each party to this Agreement will retain its
business and training records as well as financial data relating to the CWU Flight Training Program for the
applicable retention period(s) and will make such records and data available upon request for inspection and audit by
the other party or by authorized representatives of the Washington State Auditor.
6.7 Complete Agreement; Modification. This Agreement constitutes the entire agreement between
the parties and supersedes any and all other agreements, understandings, negotiations and discussions, oral or
written, express or implied. The parties agree that no other representations, inducements, promises, agreements, or
warranties relating to this Agreement, oral or otherwise, have been made to or by them. No modification or waiver
of this Agreement shall be valid or binding unless signed in writing by the parties.
6.8 Governing Law; Venue; Severability. This Agreement shall be governed by the laws of the
State of Washington. Venue for any dispute under this Agreement shall be in Kittitas County, Washington. If any
provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions of this
Agreement that can be given effect without the invalid provision, if such remainder is consistent with applicable law
and with the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared
to be severable.
6.9 Waiver. The waiver by a party of any default or breach of this Agreement, or the failure of a
party to enforce any provision hereof or to exercise any right.or privilege hereunder, shall not be deemed to waive
any prior or subsequent breach or default, the enforcement of any provision hereof, or the exercise of any right or
CWU Flight Training Agreement Page 6
privilege hereunder, unless otherwise stated in a writing signed by an authorized representative of the party and
attached to the original Agreement.
6.10 Notices. Written notices required or permitted to be provided by a party to the other party under
this Agreement may be provided by personal delivery, legal courier service, or certified mail, postage prepaid and
return receipt requested. Notice may be provided by regular first class mail if simultaneous notice is provided by
electronic mail. Notices will be sent to the parties at the following mailing addresses:
President
IASCO Flight Training, Inc.
6460 Lockheed Drive
Redding, CA 96002
Dean, College of Education & Professional Studies
Central Washington University
400 East University Way
Ellensburg, WA 98926-7515
The address of a party for the receipt of notice may be changed at any time by written notice provided in accordance
with this 16. 10.
6.11 Contract Administration. The contract administrator and principal point of contact for each
party to this Agreement shall be as follows, subject to change by written notice provided in accordance with ¶ 6.10
hereof
(a) The Contract Administrator for CWU will be the Dean of the College of Education & Professional
Studies. The principle point of contact at CWU for day-to-day management of the contract will be the Chair of the
CWU Department of Aviation.
(b) . The Contract Administrator for IFT will be the Chief Financial Officer. The principle point of
contact at IFT for day-to-day management of the contract will be the Assistant Chief Flight instructor assigned for
duty at Bowers Field.
6.12 Counterparts. This Agreement may be executed in any number of separate counterparts, each of
which shall be deemed an original and which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Agre ent has been executed by and on behalf of the parties through
their authorized representatives this �/ day ofLe rt► 014.
CENTRAL WASHINGTON UNIVERSITY
--m "'� __ Q - __�
Marilyn Le ' e, ovost
IASCO FLIGHT TRAINING, INC.
ph asworthy, Chief- Officer
DATE
i2,.03-2dr4-
DATE
CWU Flight Training Agreement Page 7
Approved as to Farm
Assistant Attorney General
10-22-14
CWU Flight Training Agreement Page 8
CWU-IFT Flight Training Agreement
ATTACHMENT A — Flight Training Services & Rates
CWU aviation students receiving flight training from IFT will pay flight training fees based on the
following hourly rates for aircraft and instruction. Rates are subject to periodic review and may be
changed by written agreement of the parties.
Aircraft cost per type and hour Instructor fees per hour and type of training
Multi -Engine
375.00
Per hour
Single Engine
130.00
Per hour
Non-complex
50.00
Per hour
Single Engine
150.00
Per hour
Complex
Private Pilot Single-
*Complex = retractable landing gear
Flight Instruction—FTD
50.00
Per hour
Flight Instruction—
Single and Multiengine
50.00
Per hour
Ground Instruction
50.00
Per hour
FAA Designated Pilot
Examiner
400.00
(current Ellensburg rate)
Estimated Total Cost for Training Course. Estimated total flight training costs are based on the applicable
hourly rates for aircraft and instructors, FTI) dual and solo flight hours combined. Ground instruction time is
based on 1.5 X flight instruction time for estimation purposes. FAA examiner fees are calculated for each
rating at the rate in the preceding table and included in the total fee for each course. Flight times for aircraft
rental for FAA practical tests are also accounted for each rating as solo rental time.
FTD rental costs are charged separately as a CWU lab fee for associated ground school courses
TRAINING COURSE
TOTAL
FTD
Single Engine
Single Engine
Multi -Engine
ESTIMATED COST
HOURS
HOURS
Non-complex
Complex
Private Pilot Single-
60
3
57
0
0
$11,910
Engine
Instrument Rating
70
22.5
47.5
0
0
$11,475
Course
Commercial Pilot
Course Single-
60
0
60
0
0
$12,300
Engine
Commercial Pilot
25
5
0
0
20
$9,375
Multi -Engine
Certified Flight
Instructor Single-
25
0
1
24
0
$5,605
Engine
COURSE -ONLY
240
30.5
165.5
24
20
$50,615
TOTALS
FAA Practical Test
75
3
3
1.5
$1,403
Aircraft Rental
Examiner Fees
$1,600
PROGRAM SUB-
247.5
30.5
168.5
27
21.5
$53,618
TOTAL
!
EXHIBIT 3
IFT OPERATIONAL PLAN
PAGE 11
EXHIBIT 4
IFT OPERATING CERTIFICATE
PACE 12
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
fir Z(aturp (Certift"rate
G/Vam4,r- NN3S716L
IASCO Flight Training
6.60 Lockheed Drive
Redding, 96002
A-za�/
/ /
O '
aw, ed��� �/7aw,
a&wc
/ / /'
& aw, al� Pilot School
A� fes...
Private Pilot Course
Instrument Rating Course
Commercial Pilot Course
Special Curriculum Course
c ue r- until May 31, 201.9
May 30, 2017Antonio A. Rocha
Manager, Sacramento FSDO WP25
9bio Certifiratt t8 not TrnitsferaW, AND ANY MAJOR CHANGE 1N THE BASIC FACILITIES, OR IN THE LOCATION THEREOF,
SHALL BE IMMEDIATELY REPORTED TO THE APPROPRIATE REGIONAL OFFICE OF THE FEDERAL AVIATION ADMINISTRATION
Aral alteration of this certifiente is piatishable by a fine of riot exceeding $1,000, or ilrtprisonjuenteiot exreeding 3 yews, or both
FAA Form 8000-4 (1-er) SUPERSEDES FAA FORM 380. E*dronin Forme (POF)
EXHIBIT 5
IFT PROOF OF INSURANCE
13
.4l rig CERTIFICATE OF AVIATION LIABILITY INSURANCE13127f2017
POUcYNUMBER
QAVOOD0947-7
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERR($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certiflcate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. F SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certiticate holder In !leu of such endorsements).
PRODUCER
�WCT 131-1
Bramar Associates
2135 Golden Hill Road
PHONE �� ' N :
aAIL
am -
CUSTOMER IQ it
Paso Robles, CA 93446
INSURE!NS) AFFORDING COVERAGE °% NAICIF
INSURED
INSURER A QBE Insurance an 100 39217
INSURERS:
casco Flight Training, Inc. & lasco Flight Training, Inc. dba IFT &
lasco
INSURER C :
INSURER D:
6460 Lockheed Drive
Redding, CA 96002
INSURERE:
INSURERF:
EA PER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
AIRPORT &FBO LIABILITY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1
INSURER LETTER
GL1000
POUcYNUMBER
QAVOOD0947-7
tin: p
THE. EXPIRATION DATE THEREOF, NOTICE WILL BE VELIVERED 1N
ECTIYEOATE
EOET01/2017
EXP1RAnONDATE
03/0112018
AOQITIONALfNSURED7(YIN)
Y
SUBROGA710NWAIYEDT(Y1N)
N
COVERAGE
11 North Ruby, Suite 1
Ilensburg, WA 98926
OPTIONS
LIMIT
APPLIESTO
LIMrr
APPLIESTO
PREMISES LIABILITY
$
$2,000,000
BI EA PER
EA OGG
$
PO
PREMISES MEDICAL PAYMENTS
$5,000
EA PER
$
EA OCC
PRODUCTS LIABILITY
SALE OF FUEL &OIL
EXTENDED
$
,$2,040,000
BII:APER
EA OCC
$2,000,000
AGGR
COMPLETED
OPERATIONS
IABIUTY
EMENDED
$
$2,000,000
RI EAFER
EA OCC
$2,000,000
AGGR
HANqARKEEPERS
LEGAL LIABILITY
INCLUDING TAXI
IN FLIGHT
$1,404,000
EAAiRCRAFT
$2,000,000
EAOCc
FIRE LEGAL LIABILITY
Rented t0 you
$2,000,000
ANY ONE FIRE
PERSONAL INJURYLIASILTTY
$1,000,000
EA OCC
$1,000,4DD
AGGR
ADVERTISING LIABILITY
$1,000,000
EAOGG
$1,000,000
AGGR
CONTRACTUAL LIABILITY
INCLUDED
EXCLUDED $2,000,000
COVERAGE
CODE DESCRIPTION
OPTIONS
LIMrr
APPLIESTO
LIMIT
APPLIES TO
$
$
$
$
$
$
$
$
$
DESCRIPTION OF OPERATIONS! REMARKS (Attach ACORD 101, Additional Remarks Schedule, If mores ace Is required)
noluded as an Additional Insuredand only as respects the requirements ot the (;entral Washington University and State o
ashington contract on file.
Policy is Primary and Non Contributory
-]angarkeeepers Dedcutible $1,000
n Preminas Airnort Aiitn_$2.000.000
CERTIFICATE HOLDER CANCELLATION
Director/ Airport Manager
Kirk Holmes, Director
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
tin: p
THE. EXPIRATION DATE THEREOF, NOTICE WILL BE VELIVERED 1N
Owers Field Airport
ACCORDANCE WITH THE POLICY PROVISIONS.
ublic Works Department, Kittitas County
AUTHORIZED REPRESENTATIVE
`�–
11 North Ruby, Suite 1
Ilensburg, WA 98926
® 2009 ACORD CORPORATION. All rights reserved.
ACORD 20 (2009112) The ACORD name and logo are registered marks of ACORD
ACORos provided by Forms Boss. www.FormsBoss.com: (c) Impressive Publishing 800.208-1977
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2017 - I QU
TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO AUTHORIZE A
NOTICE OF CALL FOR BIDS FOR THE PROCUREMENT OF A STEEL
MODULAR BRIDGE
WHEREAS: The Department of Public Works received funding through FEMA for the
Ringer Loop alternative project for said procurement; and
WHEREAS: The specifications for the Design, Fabrication, Finishing, and Transporting
of a Steel Modular Bridge are complete; and
WHEREAS: Additional approval was received by FEMA to purchase a two piece 90
foot modular bridge; and
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in
the best interest of the public, does hereby direct the Director of Public
Works to prepare a Notice of Contractors for a call for bids.
BE IT FURTHER RESOLVED that bids will be received until 10:00 am on Friday,
July 21, 2017 at the office of the Department of Public Works, 411 North
Ruby Street, Suite 1, Ellensburg, Washington, to be publicly read aloud
after 10:00 am on Friday, July 21, 2017, in the Department of Public
Works, Ellensburg, Washington_
DATED on this 26th day of June, 2017, at Ellensburg, Washington.
`GouwrrlCo
7-
Co
C _
`y • �kVof the Board- Julie Kjorsvik
Jill
❑ Deputy Clerk of the Board- Mandy Buchholz
BOARD OF COUNTY
COMMISSIONERS
, WASHINGTON
Vice -Chairman
Obie O'Brien, Commissioner
Page 1 of 1
Public Notice
Kittitas County, Ellensburg WA
KITTITAS COUNTY —For Design, Fabricating, Finishing and Transporting a Steel Modular Bridge
Sealed bids will be received by the Kittitas County Public Works, at the reception desk located at 411 North Ruby Street,
Suite 1, Ellensburg, Washington until 10:00 AM on *** July 21, 2017 *** and will then and there be opened and publicly
read for the construction of the improvements.
All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check, or surety bond in
an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such
contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall
be forfeited to the Kittitas County Public Works.
The right is reserved to reject any and all bids and to waiver informalities in the bidding.
Complete digital project bidding documents, including plans and specifications, are available at 1-N.y.questedn.com. You
may download the digital plan documents for $10 by inputting Quest project #5223012 on the website's Project Search
page. Please contact QuestCDN.com at 952-233-1632 or hifbr,'lI . n.com for assistance in free membership
registration, downloading, and working with this digital project information.
Informational copies of maps, plans and specifications are on file for inspection at the Kittitas County Public Works, 411
North Ruby Street, Suite 1, Ellensburg, WA 98926,
The Kittitas County in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to
2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation issued
pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into
pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, national origin, or sex in consideration for an award.
The improvement for which bids will be received is described below:
This Contract provides for the Design, Fabricating, Finishing and Transporting of a 90 foot Steel Modular Bridge for Kittitas
County Public Works per the provided Contract Special Provisions, and the Standard Specifications.
Specifications may be seen at the office of the Board of Commissioners and online at http://www.co.kittitas.wa.us/notices/
of the
Publish:
Daily Journal of Commerce: 06/30/2017; 07/0712017; 07/14/2017
Daily Record: 06/30/17; 07/07/2017; 07/14/2017
f le:///C:/Users/candie.leader/Downloads/newspaper-text%20(3).htrnl 6/22/2017
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: June 26, 2017
ACTION REQUESTED: Sign the Letter Requesting Assistance from WSDOT
Managing Weekend Traffic Diverting to Nelson West
Siding Road
BACKGROUND:
At the previous Public Works study session (06-122017),
staff advised the Board of complaints from residents along
Nelson West Siding Road in Upper Kittitas County. The
Board will recall complaints of public urination and
defecation (resulting from traffic backups along I-90) being
made by area residents. The Board instructed staff prepare
a letter to South Central WSDOT requesting assistance.
That letter has been prepared for Board signature and is
attached as Exhibit 1.
INTERACTION:
Public Works
RECOMMENDATION:
Sign the letter to WSDOT requesting assistance preventing
unsanitary conditions along Nelson West Siding Road.
HANDLING:
Return one original to Public Works
ATTACHMENTS:
Exhibit 1: Letter to WSDOT requesting assistance
preventing unsanitary conditions along Nelson West Siding
Road
LEAD STAFF:
Mark R. Cook, Director
T
74
June 26, 2017
Kittitas County, Washington
.30ATRD ofCOINT-Y CONDAISSI NE'�S
District One District Two District Three
Paul Jewell Laura Osiadacz Obie O'Brien
Mr. Todd Trepanier
Regional Administrator, WSDOT South Central Region
2809 Rudkin Road
Union Gap, WA 98903-1648
Dear Mr. Trepaiiier:
Recently, residents along Nelson West Siding Road in Kittitas County have been subjugated to
heavy traffic loads during periods of traffic delay on Interstate 90 (I-90). Residents report that
increasingly those bypassing slow traffic on 1-90 are publically urinating and defecating along
NeIson West Siding Road and in private driveways. Kittitas County is currently evaluating our
ability closing the roadway to all but local traffic during summer months -- recognizing declining
sanitation safety along Nelson West Siding Road.
Providing the County elects pursuing weekend road closures, what assistance can WSDOT offer
supporting our closure? Are there any actions that WSDOT can take minimizing the departure of
I-90 traffic onto Nelson West Siding Road during periods of slow moving or stopped traffic?
Can the off -ramps be signed: "Local Traffic Only"?
Thank you for your thoughts and assistance in this matter.
Paul Jewell, Chairman
Laura Osiadacz, Vice -Chairman
Ot,
'.�r:.*, , Commissioner
vilu
C: Mr. Mark R, Cook, Public Works Director
Ms. Robin Reed, Public Health Director
Kittitas Conary Courthouse _ 205 West 5`hAvenue, STE 108 • Ellensburg, WA 98926
(509) 962-7508 TAX (509) 962-7679
W W W.co.ldttitas.Wa.us
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE _ rune 26, 2017
ACTION REQUESTED Sign the EASCO Flight Training Airport Use
Agreement
BACKGROUND: For the past six months, staff has been working to obtain a
signed Airport Use Agreement with IASCO Flight Training
(IFT)_ We now have a signed agreement on their side. We
also have payment covering the first six months of 2017.
The agreement prohibits certain maintenance activities and
terminates immediately after 60 days beyond the due date
(the first day of each mouth).
INTERACTION: Public Works
RECOMMENDATION: Sign the Airport Use Agreement with IFTe
HANDLING: Return one original to Public Works
ATTACHMENTS: Exhibit 1: Use Agreement with EFT.
LEAD STAFF: Mark R. Cook, Director
KITTITASCOUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
IP AW
T C11 f
THIS AIRPORT USE AGREEMENT made and entered into this 1 � day of
'dr— , 2017 by and between KiT1'ITAS COUNTY ("Count'"), a municipal
corporation in the State of Washington, acting through its Department of Public Works, and IASCO
FLIGHT TRAINING ("IF'P), a company authorized to do business in the State of Washington
(collectively referred to as the `parties"); and
WHEREAS, IFT is a certified flight training school which intends to provide flight training
instruction to students enrolled in Central Washington University C CWU") at the Kitkitas County
Bowers Field Airport ("Airport"), and the parties hereto desire to set forth the operating privileges
and responsibilities of IFT at the Airport; and
WHEREAS, IFT is a licensed business in the State of Washington (Business License
attached as EXHIBIT 1; and
WHEREAS, this Airport Use Agreement herein referred to as the "Agreement") is made in
accordance with Chapter 19.04 of the Kittitas County Code ("KCC") and is subject to said code, as
amended; and
NOW T19E�+ F R , in consideration of the mutual promises made in this Agreement, the
parties agree as follows:
1. PREMISES: The County hereby agrees to allow IFT access to the areas leased to Central
Washington University as described in EXHIBIT 2 and use of all Airport facilities
reasonably required by IFT to perform flight training instruction to CWU students as
contemplated herein. Hereinafter, such premises shall be referred to collectively as the
"Airport premises".
2. PURPOSE: The purpose of this Agreement is to allow IFT access to the Airport premises
for the purposes of the following commercial aeronautical activities:
a. Providing flight training instruction.
b. Conducting air and ground operations necessary for flight training instruction.
c. Taking off and landing aircraft on the Airport runway surfaces.
d, Taxiing to and from the runway.
e. Temporary aircraft parking.
£ Aircraft fueling at the on -field fuel station or Fined Base Operation fueling.
g. Other activities reasonably required by IFT to perform flight training instruction to
CWU students as contemplated herein.
PAGE
V
µ%i ITA; COUMTY AIRPORT USE AGR ENIE T
h. Those purposes detailed in the attached Operational Plan, which is attached hereto as
EXHIBIT 3.
3. TERM: The term of this Agreement shall be for one (1) year and will commence on January
1, 2017 and terminate December 31, 2017. This Agreement may, at the option of IFT and
acceptance by the County, be renewed from year to year in accordance with the terms and
conditions herein specified.
4.
5. USAGE FEE: IFT shall pay to the County the total sum of One Thousand and no/100
dollars ($1,000.00 USD) monthly as a usage fee for use of the Airport premises and for the
other rights and privileges granted hereunder during the term of this Agreement. Monthly
payment shall be made within ten (10) days from the first day of each month. Once
delinquent on a single monthly payment, a thirty slay grace period will commence. The
lease shall terminate when U"T is sixty (60) days delinquent on any monthly payment and
provisions of Section 23 of this agreement shall not apply.
6. ADJUSTMENT OF USAGE FEE: Following the completion of the initial term of this
agreement, the County shall have the right to readjust the usage fee by negotiation with
IFT for any year-to-year renewal term, but it is agreed that the fee shall not exceed five
percent (5%) of the previous year's fee.
7. AIRCRAFT MAINTENANCE: IFT ma Rerform incidental maintenance of its aircraft
sub'ect to review and awroval by the Lessor. The following maintenance activities are
specifically NOT ALLOWED:
Fuel transfer
Welding
Torch cutting
Torch soldering
Doping
U Spray painting
8. Failure by iFT to adhere to this section of the lease results in immediate termination of the
lease without cost recovery of any remaining monthly fees paid. Section 23 of this
agreement shall not apply.
3. PREMISES ACCESS: For the duration of this Agreement, IFT employees, agents,
contractors, and invitees shall have ingress to and egress from the Airport and the Airport
premises.. The primary aeronautical access point shall be the West drive-thro gate. Kittitas
County may allow a single additional access pedestrian access point during the duration of
this agreement.
IFT acknowledges and accepts full responsibility for compliance with all applicable rules
and regulations of the Federal Aviation Administration as set forth from time to time
relating to IFT's use of the airport. IFT fully understands and acknowledges that any
security or access measures deemed necessary by the County for the protection of any
Airport premises, or equipment and property and access to the Airport through the Airport
premises shall be the sole responsibility of IFT and shall involve no cost to the County,
unless agreed upon otherwise.
PAGE 2
10. OPERATING CERTIFICATES: IFT shall provide the Kittitas County Department of
Public Works with copies of all current operating certificates and other documents relating
to IFT's authority to continue its operations at the Airport as the County may reasonably
request (attached as EXHIBIT 4)
11. DISCLAEMER: IFT agrees to accept all Airport premises on an "as is" basis. Further, the
County hereby disclaims, and TFT accepts such disclaimer, of any warranty, either express
or implied of the condition and usability of any of the Airport premises,
The County shall not be under any duty or obligation to IFT to repair or maintain the Airport
premises, or any portion thereof, or any facilities or equipment constructed thereon. The
County shall not be responsible or liable to IFT for any claims for compensation for any
losses, damages, or injury, including lost profits, sustained by IFT resulting from failure of
any water supply, heat, air conditioning, electrical power, or sewer or drainage facility, or
caused by the natural physical conditions on the Airport, whether on the surface or
underground, including stability, moving, shifting, settlement of ground, or displacement of
materials by fire, water, windstorm, tornado, act of God, or state of war, civilians commotion
or riot, or any other cause or peril beyond the control of the County, except to the extent
covered by the County's insurance.
12. RULES AND REGULATIONS: IFT agrees to comply with all pertinent rules and
regulations of the federal, state and local governments, as well as the rules, regulations,
ordinances, and minimum standards of the Airport, as are presently in effect and may in the
future be adopted. The rules, regulations, ordinances and minimum standards of the Airport
are made a part of this Agreement and shall have the same effect as though written herein.
A copy of the Kittitas County Airport Standards is on file in the office of the Kittitas County
Department of Public Works.
13. INSURANCE; IFT shall obtain and maintain in force during the term of this Agreement a
liability insurance policy, which provides protections for bodily injury (including death) and
property damage. Said insurance shall provide coverage by IFT to any employees or
permittees of IFT, and shall name the County as an additional insured.
a. Liability insurance policy shall have the following provisions, at a minimum;
i. Premises liability coverage in an amount not less than $1,000,000 each
occurrence.
ii. Provide for not less than thirty (30) days in advance a written notice to
Kittitas County regarding any material change or termination of the policy.
Proof of insurance is attached as EXHIBIT 5.
b. IFT hereby releases the County of and from every and all right, claim and demand
that IFT may hereafter have against County, its successors or assigns, arising out of
or in connection with any loss or losses occasioned by fire and such items as are
included under the normal extended coverage clauses of insurance policies, and does
hereby waive all rights of subrogation in favor of insurance carriers against County
arising out of any losses occasioned by fire and such items as are included under the
PAGE 3
KE i TAS COUNTY
C.
AIRPORT USE AGREEMENT
normal extended coverage clauses of fire insurance policies, and sustained by IFT in
or to the said Airport premises.
14. INDEMNIFICATION; IFT shall defend, indemnify, and hold the County, its successors and
assigns, and the respective directors, officers, employees, insurers, agents and
representatives of the County completely harmless from and against any and all claims,
suits, demands, actions, liabilities, losses, damages, judgments, or fines arising by reason of
injury or death of any person, or damage to any property, including all reasonable costs for
investigation and defense thereof (including, but not limited to, attorney fees, court costs and
expert fees) of any nature whatsoever arising out of IFT's conduct at the Airport, or in its
use or occupancy of the Airport premises, regardless of where the injury, death, or damage
may occur, except to the extent such injury, death, or damage is caused by the negligent act
or omission or willful misconduct of the County. IFT shall also use counsel reasonably
acceptable to the County in carrying out its obligations hereunder.
Any personal property of IFT or of others placed in the Airport premises or placed anywhere
on the Airport shall be at the sole risk of IFT or the owners thereof, and the County shall not
be liable for any loss or damage, except to the extent such loss or damage was caused by the
negligence of the County.
The provisions of this Section shall survive the expiration or termination of this Agreement.
15. AIRPORT TRAFFIC: It is understood and agreed that the IFTs use of the Airport premises
shall not unreasonably interfere or restrict the use of aircraft landings, take -offs, storage of
aircraft, taxiing, and movement of ground vehicles. IFT shall comply with all rules and
regulations of the Federal Aviation Administration, Washington State Department of
Transportation Aeronautics Division, and the Kittitas County Airport Standards.
16. FIREARMS: Hunting or discharging of firearms will not be permitted on or from said
Airport premises.
17, NOTICES: Any notice given by one party to the other in connection with this agreement
shall be in writing and shall be sent by certified or registered mail, return receipt requested
as follows:
a. If to the County, addressed to:
Kittitas County Department of Public Works
411 N. Ruby, Suite.#1
Ellensburg, Washington 98926
b. If to IFT, addressed to:
IASCO Flight Training
6460 Lockheed Drive
Redding, California 96002
MYTITAS COUNTY AIRPORT USE AGREEMENT
Notice shall be deemed to have been received on the third day after the date of mailing.
18. ATTORNEY FEES: In the event that the County shall bring suit to recover any usage fees
due hereunder, or for breach of any provision of this Agreement, or if IFT shall bring any
action for any relief against County, declaratory or otherwise, arising out of this Agreement,
the prevailing party shall recover reasonable attorney fees and costs which shall be
determined and taxed by the court as part of the costs of such action.
19. RIGHTS OF THE U.S. GOVERNMENT: The County holds title to the Kittitas County
Bowers Field Airport partially by virtue of a deed from the United States Government. A
copy of said deed is available for inspection at the office of the Kittitas County Department
of Public Works, hereto and made a part of this instrument as though fully set forth herein.
IFT agrees that it will do nothing which will cause the County to be in violation of the terms
of said deed. IFT fiuthermore agrees that it has had ample opportunity to review said deed
and is aware of all of the terms and conditions therein.
20. ASSIGNMENT: This Agreement is for IFT only and cannot be transferred or assigned.
21. BANKRUPTCY: It is further agreed and understood that in case of the insolvency or
bankruptcy of IFT, or any assignment for the benefit of creditors or the appointment of a
receiver for the IFT, this Agreement shall be immediately terminated and shall be of no
further force and effect, and that the Trustee in Bankruptcy, Receiver, or Assignee for the
benefit of creditors shall not have any rights whatsoever in the Airport premises.
22. DEFAULT: in the event that one of the parties herein fails to comply with any
commitments, duties or responsibilities under this Agreement, or any of its conditions or
terms as herein stated, the non -breaching party must give written notice to the breaching
party of the breaching party's failure to comply. If such condition is not corrected within ten
(10) days from the date of notice, the non -breaching party may choose to terminate this
Agreement.
23. �ViODIFICATION OR TERMINATION: It is understood by the parties that the County
may modify the terms of this Agreement in whole or in part if any regulation governing
airports or county property is amended in a way that impacts the County's ability to comply
with the terms stated and contemplated herein. For the purposes of this section, "regulation"
is defined to include, but is not limited to: case law interpreting any rule or regulation; any
federal rules and regulations, including Federal Aviation Administration rules and
regulations; state rules and regulations; and local rules, regulations and ordinances.
a. In the event that County shall elect to modify or terminate this Agreement, County
shall do so only upon one hundred twenty (120) days written notice, notifying IFT
that the Agreement to which this applied is being so modified or terminated.
b. Upon receipt of such notification, and in the event the notification specified
modification of the Agreement short of termination, IFT shall have sixty (60) days in
which to notify the County of IFT's intention to continue the Agreement as modified
or of IFT's intention to treat the Agreement as terminated.
PAGE 6
r;!T""1"' 8 COl1NT I AIRPORT USE AGREEMENT
c. In the event that IFT elects to treat the Agreement as terminated, all usage fees shall
be pro -rated to the date IFT shall have restored the premises to the County in
accordance with the terms of this Agreement governing LFT's duties to restore the
premises to County upon expiration of the Agreement term.
d. It is further agreed that neither such modification or termination of this Agreement,
in whole or in part, shall give rise to any cause of action for damages or any other
form of relief by IFT against County or any successor of 1FT.
e. In the event of such modification or termination, EFT understands that other than a
refund of any paid usage fees prorated to the date IFT has restored the Airport
premises to County, IFT shall have no claim for compensation as occasioned by said
modification or termination.
24. CONDITION OF PREMISES: IFT warrants and agrees that in its use of the Airport
premises it shall not commit waste and that it will keep said Airport premises in a safe,
sanitary, neat, presentable, and otherwise good condition, and in general shall comply with
all the applicable governmental rules, ordinances and regulations as may be required or
imposed by such authorities on said premises and shall comply with any direction pursuant
to law of any public officer or officers who shall be empowered to enforce local, state and
federal rules, regulations and ordinances upon the Lessee with respect to the said Airport
prernises or the use, occupancy, or control thereof and shall not suffer any improper or
offensive use of said Airport premises. Upon termination or expiration of this Agreement,
should the Airport premises not be left in such condition, normal wear and tear excepted,
the County may repair the Airport premises and seek reimbursement from IFT in any
manner allowed by law.
25. RIGHT TO REVIEW: Pursuant to KCC 19.04.240(2)(h) and KCC 19.04.250(1), the
County or its designee shall have the right to review IFT's records as they pertain to this
Agreement. 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 are reasonable and pertinent to the Agreement and its performance.
25. TAXES: IFT understands and acknowledges that it shall be solely responsible for the
payment of all applicable federal, state, and local taxes.
27. NON -EXCLUSIVITY: Nothing in this Agreement shall be construed to grant exclusive
access to the Airport premises to IFT.
28. WAIVER: No assent, express or implied, by either party to any breach of any of the other's
covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver
of any succeeding breach of any covenant, agreement, condition or term hereof.
29. VENUE: In the event of any litigation between County and IFT arising out of this
Agreement, the venue for such action shall lie in Kittitas County, notwithstanding any
contrary provision of the Revised Code of Washington.
PAGE 6
:fTITAS COUNTY AIRPOPT USE AGREEHENT
30. APPLICABILITY; The covenants, agreements, terms and conditions contained in this
Agreement shall apply to and be binding upon County and IFT and their respective heirs,
executors, administrators, successor and assigns.
31. INTEGRATION: Exhibits and Recitals are incorporated herein by this reference. This
Agreement embodies the entire agreement between the parties with respect to the subject
matter herein contained. No amendments or modifications hereof shall be enforceable
unless in writing, signed by the party to be charged.
PAGE 7
IN WITNESS WHEREOF, the County and IFT have signed their names and affixed their seals the
day and year indicated below.
OR ME COUNTY:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
ATTEST:
Clerk of the Board Paul. Jewell, Chairperson
Approved as to Form:
Deputy Prosecuting Attorney
Laura 0siadacz, Vice -Chairperson
Obie O'Brien, Commissioner
Dated:
FOR I T:
IASCO FLIGHT TRAINING
Dated: 6 FNh
Rev 8122114
KITTIFAS COUNTY AJRPORT USE AGREEMEMT
E"IMOTIT t
lFT WA State Business License
PAGE 9
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PAGE 10
FIRST AjtU „ PAnf �'T TO ��sG'�T'Ti;P,�i'IIS�G ��GI:.�ET;r!TdCT
This is an Amendment to the Flight Training Agreement made and entered into on December
4, 2014 (the "Original Agreement') by and between Central Washington University ("CWU" or
"University" j, 400 East University Way, Ellensburg, Washington 98926, and AVIASCO, Inc.,
doing business as IASCO Flight Training, Inc. ("IFT" or "Contractor', 6460 Lockheed Drive,
Redding, California 96002.
+�`CI L ALS
WHEREAS, the parties entered into the Original Agreement based on expected or forecast
circumstances that have since changed, and the parties have mutually agreed to address such
changes by amending the Original Agreement as described herein.
THEREFORE, this Amendment is to memorialize the following revisions to the Original
Agreement.
AMENDMENTS
Attachment A — Flight Training Services & Rates of the Original Agreement has changed as
follows:
1. C 172 (single engine non-connplex aircra$s) rate increase from $130 to $140;
2. Flight Instruction - FTD rate increase from $50 to $55;
3. Flight Instruction - Single rate increase from $50 to $60. An equal percentage reduction in the
hourly rate charged to the student will be applied if any decrease in flight instructor salary/pay in
the future.
CONFIRMATION OF THE ORIGINAL AGREEMENT
In all other respects, the Flight Training Agreement, dated December 4, 2014 between
IASCO Flight Training, Inc. and Central Washington University is confirmed except as modified
in this Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Original
Agreement to be effective as of the date and year below written.
Dated:
I 0SIirlll T "'TY
—wDate:7 - -1
Katherine P. Frank, PhD, ost/Vice President for Academ' an Student Life
IASCO IGHT 'TRAINING, INC.
Date:
idoa, Accounting Manager/Treaswer
FLIGHT TRAINING AGREEMENT
CENTRAL WASHINGTON UNIVERSI'T'Y
This FLIGHT TRAE41NG AGREEMT3NT ("Agreemenf l is entered into by and between Central
Washington University ("CWU" or "University), 400 But University Way, Ellensburg, Washington 96926, and
AVIASCO, Inc., doing business as 1ASC0 Flight Training'('°1FT' or *'Contractor"), 6040 I.oalrheed Drive, Redding,
California 96002. The purpose of this Agreement is to provide flight instruction for CWU aviation students
(hereafter referenced as "the Flight Training Program'.
I s' ky YJi�
1.1 university. c:WU is a public institution of higher education established by the State of
Washington with its main campus located in Ellensburg, Washington. CWU through its Department of Aviation
offers a Bachelor of Science Degree in Professional Pilo. This accredited degree program combines academic
studies with flight training to prepare graduates for careers within the air transportation industry.
1.2 Contractor. In is a flight training company located in Redding, Califomia. IFT employs
qualified flight instructors and ether persoaael necessary to provide flight training meeting the requirements for pilot
and flight kwructor certifications and ratings under 14 CFR Part 141 and other applicable FAA regulations. This
Agreement between CWU and IFr is executed with the understanding that IFT is now or soon will be operating
under new ownership and new management.
1.3 Contract Novation. The recitals under Iff 1.1 and 1.2 hereof are incorporated hen by reference.
The parties to this Agreement mutually acknowledge that CWU and IFT previously ettteied into a flight training
agreement an March 14, 2614, as amended through May 9, 2014, and that IFT subsequently notified CWU of IFT's
inability to perform its obligations thereunder. The parties to this present Agreement mutually agree that this new
Agreement shall not become efliective until IFT is operating under the now ownership and management referenced
in 112 above. Upon that event, this Agreement shall automatically substitute for the previous agreement and shall
extinguish all obligations thereunder.
1.4 'International Studies. It is the further intent of the parties to explore at some future date the
development of an iutemational studies program at CWU for students associated with the Jiutian International Flight
Academy ("Jiutiej in Qingdao, China. The parties intend that an inter -institutional agreement for that purpose
could incorporate a mutually agreeable provision that the non-resident portion of CWU student tuition paid by
diudan students could fiord the further development of the flight training infrastructure in support of the CWUl1Fr
Flight Trainft Program.
1.5 Consideration. For and in consideration of the foregoing recitals and agreements, and in further
consideration of the payments and other covenants, promises, and mutual agreements provided herein, the patties
hereby agree as follows.
II. FLIGHT TRAINING PROGRAM
2.1 Contractor's Obligations.
Genet si
(a) Program Location. Except as otherwise agreed, IFT will provide the CWU Flight Training
Progwn at Bowens Field in Ellensburg and will operate out ofCWU's Aviation Training Center.
(b) Flight Training Courses. The Flight Training Program will consist of flight training under 14
CFR Part 141, both dual and solo, and including pre- and past -flight ground training, for CWU students enrolled
through the Department of Aviation in flight certification lab courses leading to the following FAA certificates and
ratings, Private Pilot Certificate (PVT), Instrument Rating (IFR), Commercial Pilot Certificate (COM), and Multi -
Engine Rating (ME). Training for the Certified Flight Instructor Certificate (CFI) and, as arranged, training for
CWU Flight [iain'ng.; 7:xient i' gee 1
optional ratings and certificates, including CFI -Instrument (CF1I) and Multi -Engine Instructor (MEI), will be
conducted under 14 CFR Part b 1.
(c) Program Commencement. IFT flight inductors and other personnel necessary to deliver the
Flight Training Program must have received syllabus training and be ready to cornmence instruction no later than
September 15 of each year, except for the first year of this Agreement when training shall commence no later than
October 2014.
(d) Training Aleeds. IF r will have appropriate aircraft and qualified flight instructars available to
meet the scheduled training needs of C TJ students in a timely manner. CWU will conduct quarterly evaluations of
student progress to determine if flighttraining obligations aro being met. ifpmgress is deemed uasatisfnctmy, Wr
and CWU personnel will collaborate to determine flue need for additional scheduled !lights, instructors, andlor
aircraft as raqu red,
Xualpm
(a) Aiurara% 7I' will provide the single- and multi -ea &e fixed wing aircraft for the training
services set forth in Attachment A and incorporated herein by reference. The aircraft will, be of suliicfent numb"
to meet training requirements as datermined by mutual agreement At least one sinmaft must be certified for spin
training, IFT will be responsible for the fueling, storage, and maintenance of training afiumfV-.
(f) Equipment. Aircraft (with the exception of VFR spin -training specialized aircraft) must be
equipped with: (i) equipment required by FAR 91.205 and 91.207; (ii) equipment required by FAR 91.215b for
flight in Class B, C, D, E, and G airspace; and (iii) voice inteacom, GPs navigation, and aircraft tracking systems as
appropriate. In addition, omit! -engine aircraft and single-engine instrument trainers; must be equipped with dual
comnumication radio, dual navigation radio, and ILS localizcr and glide scope receiver.
(g) Maintennoce. CWU will have the right to inspect and approve all aircraft and equipment used in
support of the Flight Training Program. Each aircraft most be registered as a civil aircraft in the UhRW States and
must be maintained in a safe and airworthy condition as demonstrated by an appropriate airworthiness certificate.
No aim with malfmnetioni ag or inoperative electrical, avionic, or mechanical components shall be used for
baaring purposes except as mutually agreed and otherwise consistent with FAA regulations. Maintenance records
must be available for review at all times by CWU Department of Aviation personnel. CWU stridents will not be
charged for flights cancelled because of mechanical issues.
Personnel
(h) Assistant Chief Flight Instructor. IFT will employ an Assistant Chief Flight instructor as
described under 14 CFR 141.91 for the satellite base of operations at Bowers Field. The Assistant Chief Flight
Instructor will act as the liaison between IFT and the CWU Assistant Chief Ground Instructor. The Assistant Chief
Flight Instructor shall perform duties as outlined in applicable program ope zft procedum described in Section III
hereof;
(i) instructor Qualifications, Flight instructors must hold at lust a bachelor's degree finin an
accredited institution and must be appropriately rated for the courses for which they are approved to provide
training. IFI' will give priority consideration to graduates of CWU's Professional Pilot degree program in hiring
instructors for the CWU Flight Training Pham. CWU retains the right to approve the appointment and
qualifications of IFT flight instructors assigned to the Flight Training Program.
(j) Training bead. IFT will employ sufficieW qualified Instructors to meet the baining needs of the
CWU Flight Training Program. Appropriate instructor/student ratios will be determined by mutual agreement and
will -be subject to periodic review. Fligint instructors will be limited to a duty schedule of no more than six days per
week and no more than fourteen lours of consecutive duty time within a 24-hour period.
CWIJ F,iyt ° 7rai ninE A_re ent Np , 2
2.2 University's Obligations.
(a) Fadlitim In support ofthe Flight Training Program, CWU will provide its Aviation Training
Center facifity at Bowers Field for use by 117T personnel and by faculty, s4A and students of CWU's Department of
Aviation. Such i>iility use will include The use of CWU computers, Internet access, telephones, utilities, and office
supplies, provided that such use shall be strictly limited for purposes directly and exclusively in support of the CWU
Flight Training Program.
(b) Dispatching. CWU will pwfa m all required flight dispatching fimetians utilizing CWU
persomtel, equipment, and supplies. It is understood that CWU, to the extent feasible, may =play CWiI aviation
students to assist with dispatching functions.
(c) Ground Coarsen. Unless otherwin agreed, CWU will conduct all ground school courses meeting
the academ o completion requirements of the Professional Pilot degree. CWU will perform a quarterly review of
both the ground -and flight school curriculum to ensure compatibility and to minimize redundant ground school
instruction.
11L PROGRAM OPERATING PROCEDURES
3.1 base of Operation. Unless otherwise arranged, all 1FT aircraft supporting the Flight Training
Program will be based at Bowers Field. All flight operation and instruction for a specific phase ofhainiug shall
commence and terminate at Bowers Field, unless otherwise authorized by CWU. Overnight training flights must be
approved in advance by MFT's Assistant Chief Flight Instructor and by CWU's Assistant Chief Ground instructor.
3.2 Hours of Operation. Weather conditions permitting, the Flight Training Program sball operate
not less then a normal eight-hour workday for a minimum of six days a week, excluding holidays. It is LFT's
responsibility to ensure that aircraft are operational in cold weather conditions.
3.3 Operating Procedures. EFT will develop and maintain Standard Operating Procedures (SOP) for
conducting the CWU Flight Training Program. The SOP will be based on guidance provided by applicable Federal
Aviation Regulations (FAR) under Title 14 CM FAA Advisory Circulars (ACs and the FAA. Aerouautieal
Information Manual (AIM). The SOP grid any subsequent revisions, all of which shall be incorporated herein by
reference, must be approved both by EFT and by CWU. The SOP manual, and any revisions, will be provided to all
CWU students participating in the Fli& Training Program.
3.4 Safety Proeedares. CWU and IIT will collaborate in developing and maintaining a Safety
Management Syst= (SMS) specific to the CWU Flight Training Program which shall be incorporated herein by
reference and which shall at a minimum comply with applicable federal safety regulations and directives_ The SMS
will Incorporate incident reporting and respose procedures, an emergency response plan, and a procedure for the
anonymous reporting of potential salty violations or concerns. An "incident" for purposes of this Agreement shall
be as defined by the FAA, but shall also include any deviation from the approved SMS.
3.5 Student Records Management.
(a) lFT will maintain and provide access to a 'Talon Systenns "ETA" data management software
program which IFT will use for tracking and reporting the progress of student training.
(b) 117T will maintain student progress records for each student recording at least the foilowing
Information: (i) scheduled weekly training sessions, (ii) scheduled sessions that were cancelled, "bumped," or
rescheduled by IFT or by the student, (iii) brief narrative of each night, including the lesson number and whether the
lesson was completed or the reason it was not completed; (iv) a written evaluation at each flight stage check
recording the student's progress in the syllabus.
_Pa,o .3.
(c) Authorized CWU acrd 1FT personnel will have access at Fill times to student training records.
Student training records will be maintained for at least six calender years after a student sucecssfully completes or
discontinues a training course.
(d) The parties undmstand that student training records are confidential "student education records"
protected by the Family Educational Rights and Privacy Act, 29 U.S.C. 12328. Student records shall be used by the
parties solely as needed for the purpose of providing authorized flight framing and shall not be disclosed to any third
party without the student's written consent unless otherwise required by law.
3.6 Stage Checks. Authorized CWU Aviation faculty will conduct periodic stage checks after
receiving the required standardization training. IFT will charge students the normal instructional rate for stage
checks conducted by CWU faculty, but CWU faculty shall receive no compensation from IFT for conducting the
checks. Am=* billed to students for stage checks conducted by MU faculty will be deposited in a separate
amount and used to pay for standardization training provided by IFT to CWU faculty, as well as for any books or
materials needed for CWU faculty to conduct the authorized stage checks.
3.7 Accredttatton. CWU is regionally accredited through the Northwest Commission on Colleges
and Universities ("NWCCU'I. CWU further inteamb to meet the requirements for obtaining specialized
accreditation for its Department of Aviation programs through the Aviation Accreditation Board international
rAASI" ). The parties to this Agreement intend and agree that the CWU FHW Training Program will be conducted
in accordance with appNodble accreditation standards. IFC wlll not be responsible for additional operating costs
incurred solely as a result of complying with accreditation standards. The parties nonetheless We that compliance
with accreditation standards shall be deemed a material term of this Agreement In furtherance whereof, the parties
agree that the CWU Department of Aviation shall have the final authority and ultimate responsibility to approve the
content and delivery of flight training courses, the appointment: and qualifications of flight instructors, and the
evaluation of student progress, which approvals shall not be unreasonably withheld.
N. STUDENT ENROLLMENT AND FEES
4.1 Client Services. This Agreement constitutes a ,client services contract" under RCW
34.26.1710(5) and 39.26.125(6) for the purpose of providing training program services directly to CWU's students. It
is understood and agreed that all fees paid to IFT for the Flight Training Program shall be paid from student course
fees collected by CWU and passed through to IFT.
4.2 Student Enrollment. An students participating in the CWU Flight Training Program must apply
for admission to, and by accepted by, CWU and its Department of Aviation. CWU shall have sole discretion to
enroll students in the Flight Training Program, and no student shall begin any flight training course for academia
credit without written authorization from CWU. IFT may refuse to -provide training to any student whom IFT
identifies as presenting an inmrnediate safety risk, but the suspension of a student for more than a single flight must
be approved by CWU.
4.3 Training Fee Schedule. Flight training foes far CWU students shall be in accordance with the
training fee schedule published by CWU as of September 2014 for the 2014-15 academic year and 'incorporated
herein as Attachment A to this Agreement. Training fees fdr subsequent years may be negotiated by the parties.
Unless otherwise agreed in writing proposed fee increases mug be submitted far CWU approval by January 1 of
each year for the ensuing academic year.
4.4 Payment of Cou r ss. Fees. In order for IFT to be reimbursed firom CWU student course fees, no
student may begin flight training until the student has paid all required course fees to C1NU. Course fees must be
paid no later then the fast day of classes or first day of enrollment, whichever is later. CWU will transfer all student
course fees paid to IFT's acmunt no carper than one day after the quarterly "Add -Drop" date and upon receiving an
itemized invoke from IFT.
4.5 Contractor Reirnburaemealt, Charges for flight training will be applied to each student's
account, acid IFT will be reimbursed for flight training, at the rates shown in Attachment A. If a student expends
the entire fee far a training lab and still has flight requirements to meet, the student must make additional fee
CV,7U Flip:± iYainirrg Agr xmant Page 4
payments through CWU, or directly to I]FT, bafare being permitted to continue the training. Within five days of the
and of each quarter or upon a student's withdrawal from a training course, IFT will reconcile each student account
and refund any unused training fees to CWU. CWU will be responsible for returning the unused fees to the student
or other authorized funding source. In no event will IFI' refund unused training fees directly to the student.
4.6 Cancellations. Students will not be charged for training sessions cancelled by 1FT. If IFi' must
reschedule or cancel it student's scheduled training session on less than 24 hours' notice,1FT will make every of%rt
to notify the smudent by phone, email, or otherwise. Efforts to notify liar student must be documented in the
student's training record. Students will be charged for training sessions cancelled by the student on less than 24
hours' notice.
4.7 . Training Materials and Tests. It is understood and agreed that IFT will have no responsibility
for the cost of student training materials, FAA computerized tests, or the student registration fee for the ETA data
management system. Such items are the separate responsibility of CWU flight students or will, be absorbed into the
existing student fee structure for ground school training.
4.11 Unscheduled Training. CCNU and IFr recognize that students may went to fly on their own
during the summer and other scheduled breaks. Students choosing to fly outside the regrraar quarterly training
periods may be required to make payments directly to IF1' before being permitted to fly.
Y. CONTRACT TERM, TERMINATION, DISPUTES
5.1 Term. The term of this Agrocinvat shall be for a period of five years beginning on September 1
and ending on August 31 of each year, except far the first year which will begin in October 2014. This Agreement
may be renewed upon mutual agreement for additional terms of up to five years each.
5.2 Termination.
(a) This Agreement may be terminated at any time by mutual written agreement of the parties.
(b) The Agreement may be terminated by either party for it material breach by the other party of that
party's obligation(s) hereunder. In the event of breach, the aggrieved party must provide written notice to the
breaching party and allow fifteen (15) days to cure. If the breach cannot be cured within that time or such other time
as deemed reasonable by the aggrieved party, the Agreement may be terminated immediately by written notice of
the aggrieved party. Termination for breach shall not be deemed to limit any of the tarminating party's contractual
remedies as against the breaching party.
(c) The Agreement may be terminated by either party by giving written notice by January I of each
year that the parties are unable to agree on a proposed student training fee schedule for the ensuing academic year.
5.3 Disputes. Any disputes between the parties arising under or related to this Agreement shall be
unsolved informally if possible., but if the parties cannot so resolve their differences, then arbitration shall provide the
sole and exclusive remedy for addressing the contract dispute. The parties shall jointly select one arbitrator
acceptable to botb parties. If the parties cannot agree an an arbitrator, the Yakima Dispute Resolution Center shall
be requested to choose an arbitrator. The fees and expenses of the arbitrator shall be shared equally by both, parties
to this Agreement, and each party shall bear its own costs and attorney fees. Arbitration shall be conducted
according to the commercial arbitration procedures established by the American Arbitration Association. The
arbitrator's decision or award shall be final aid binding on both parties.
5.4 Essential Terms. Time and safety are each of the essence of the terms of Sections It and III of
this Agreement relating to IFT's provision of flight training services to CWU students.
C +Y'fi it ii,�W ".'airing A rei.ae:9
VI. GENERAL TERMS AND CONDITIONS
6.1 Assignment. This Agreement shall extend to and be binding upon and inure to the benefit of the
successors and assignees of the respective parties. However, this Agreement may not be assigned or subcontracted
by either party without the other party's express written consent.
6.2 Independent Capacity. This Agreement is intended to create an independent cor&wtw
relationship. Each party to the Agreement shalt act in an independent capacity and not as an agent or representative
of the other party. The employees or agents of each party who are engaged in the performance of this Agreement
shall continue to be the employees or agents of that party and shall not be considered far any purpose to be the
employees or agents of the other party.
6.3 Indemnification. Each party to this Agreement shall be responsible for its own acts or omissions
and for those of its directors or trastees, officers, employees, and authorized agents. Neither party shall be
responsble to lire other party for the acts at omissions of persons or entities oat a party to this Agreerrrerai It is
expressly understflod and agreed that CWU students participating in the Flight Trailing Program are not parties to
the Agreement and are not the employees or agents of either party.
6.4 Insurance. IITI' during the term of this Agreement will maintain appropriate inmmunoe and will
provide CWU with a certificate, binder, or policy of liability insurance acceptable to CWU with minimum coverages
of (a) S 1,000,000 per occurrence for products and premises liability, and (b) aircraft liability insurance of
$3,000,000 combined single limit on all four -passenger or snnaller aircraft and $5,000,000 combined single limit an
larger aircraft. The required insurance policies must name Central Washington University and the state of
Washington as additional insureds and must be primary to other insurance. CWU must be given 45 days' written
notice before such insurance is modified or canceled.
6.5 Non -Discrimination. The Flight Training Program will be conducted by both parties in
compliance with applicable federal and state laws prohibiting discrimination in education, employment, or public
accommodations based on age, sex, marital status, sexual orientation, race, creed, color, national origin, genetic
information, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical
disability or the use of a trained dog or service animal by a person with a disability, unless based upon a bona We
occupational qualification,
6.6 Records and Audits. The parties recognize that busimm and training records created,
maintained, or used in tine performance of this Agreement may constitute public records subject to the public
disclosure and r crition requirements under applicable state Law. Each party to this Agreement will retain its
business and training records as well as financial data relating to the CWU Flight Training Program for the
applicable retention period(s) and will make such records and data available upon request for inspection and audit by
the other party or by authorized representatives of the Washington State Auditor.
6.7 Complete Agreement; Modification. This Agreement constitutes the entire agreement betwaan
the parties and supersedes any and all other agreements, understandings, negotiations and discussions, oral or
written, express or implied. The parties agree that no other representations, inducements, promises, agreements, or
warranties relating to this Agreement, oral or otherwise, have been made to or by them. No modification or waiver
of ibis Agreement shall be valid or binding unless signed in writing by the patties.
6.8 Governing Lary; Venue; Severability. This Agrement shall be governed by the laws of the
State of Washington. Venue for any dispute under this Agreement shall be in Kh tss County, Washington. If any
provision of this Agreament shall be held invalid, such invalidity shall not affect the other provisions of this
Agreement that can be given effect without the invalid provision, if such remainder is consistent with applicable law
and with the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared
to be severable.
6.9 Waiver. The waiver by a party of any deftult or breach of this Agreement, or the failure of a
party to enforce any provision hereof or to exercise any right, or privilege hereunder, shall not be deemed to waive
any prior or subsequent breach or default, the enforcement of any provision hereof, or the exercise of any right or
CWU FiiP;ct TrEinin� Agra .rxr �T — --- F- ge 6
privilege hereunder, unless otherwise stated in a writing signed by an authorized representative of the party and
attached to the original Agreemant
6.10 Notices. Written notices required or permitted to be provided by a party to the other party under
this Agreement may be provided by personal delivery, lege] courier servic a,.or certified mail, postage prepaid and
return receipt requested. Notice may be provided by regular fust class mail if simultaneous notice is provided by
electronic mail. Notices will be sent to the parties at the following mailing addresses:
President
IASCO Flight Tnining, Inc.
5460 Lockheed Drive
Redding, CA 96002
Dean, College of Education & Professional Studies
Certtrai Washington University
400 East university way
Sllensbur& WA 98926-7515
The address of a party for the receipt of notice may be changed at any time by written natice provided in accordance
with this T 6.10.
6.11 Contract Adirdnistratlon. The cataract administrator and principal point of contact for each
party to this Agreement shall be as follows, subj ect to change by written notice provided in accordance with 16.10
hereof
(a) The Contract Administrator for CWU will be the Dean of the College of Education & Professional
Studies. T'he principle point of contact at CWU for day -today management of the corri:ract will be the Chair ofthe
CWU Department of Aviation.
(b) . The Contract Administrator for IFT will be the Chief Financial Officer. The pri wiple point of
contact at IFT for day -today management of the contrast will be the Assistant Chief Flight instructor assigned for
duty at Bowers Field.
6,12 Counterparts. This Agreement may be executed in any number of separate counterparts, each of
which shall be dammed an original and which together shall constitute one and the same instrument
IN WI'fNMS WHEREOF, this A=eenexit has been executed by and on behalf of the parties through
their authorized representatives this - day of t 014.
CENTRAL WASHINGTON UNIVERSITY
"AA
Marilyh Leroletorvost
IASCO FLIGHT TRAINING, INC-
-
ph aswortfny, Chief %aahcW Officer
1 j--(j1j --Oqm` -
DATE
/1-�99 -2a
DATE
C7.'u Flight TrJaing Ag: e=eirt Page i
Approved as to Form
Assistant Attorney General
10-2244
CIVU Flight Trxiaing i-,grstm mt
M
CWU-iFT Flight Training Agreement
ATTACHMENT A— Flight Training Services & Rates
CWU aviation students receiving flight training from IFF will pay flight training fees based on the
following hourly rates for aircraft and instruction. Rates are subject to periodic review and may be
changed by written agreement cfthe parties.
Aircraft cost per type and hour Instructor fads per hour and type of training
Multi -Engine
375.00
Per hour
Single Engine
130.00
Per hour
Non-complex
HOURS
Single Engine
150.00
Per hour
Complex e
Private Pilot Single-
*Complex = retractable landing gear
Flight Instruction— PTD ; 5o.0o
Per hour
Flight Instruction — 150.00
Single and Multiengine
Per hour
Ground Instruction 50.00
Per hour
FAA Designated Pilot 400.00
Examiner (current Ellensburg rate)
Estimated Total Cost for Training Course. Estimated total flight training costs are based on the applicable
hourly rates for aircraft and Instructors, FED dual and solo flight hours combined. Ground Instruction time is
based on 1.5 X flight Instruction time for estimation purposes. FAA examiner fees are calculated for each
rating at the rate in the preceding table and included in the total fee for each course. Flighttimes for aircraft
rental for FAA practical tests are also accounted for each rating as solo rental time.
FTD rental costs are charged separately as a CWU lab fee for associated ground school courses
TRAINIG6 COURSE
TCrrAL
FM
SDn;Ie Engine
5lngle Engine
Multt-€nggne
ESTIMATED COST
HOURS
HOURS
NW -complex
Complex
Private Pilot Single-
$11,910
Engine
60
3
57
0
0
Instrument Rating
70
22.5
47.5
0
0
$11,425
Course
Commercial Pilot
Course Single-
60
0
60
0
0
$14300
EqAne
Consmarcial Pilot
25
5
0
0
20
$9,375
Multi -Engine
Certified Flight
' Instructor Single-
25
0
1
24
0
$5,605
Engine
COURSE -ONLY
Z40
30.5
185.5
24
20
$50,615
TOTALS
FRA Practical Test
7.5
3
3
1.5
$1`g03
Aircraft Rental
Examiner Fees
$11600
PROGRAM SUB-
247.5
30.5
168.5
27
21,5
$53,618
TOTAL
r;l €"ftiA CCUd3y AIRPORT USE AGREEMENT
EXHIBIT 3
IFT OPERATIONAL PLAN
ITTiTAS COUigr�
AIRPORT l:3E,.GREE4.jE"T
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UT OPERATING CI+'11TIMMATE
PAGE 12
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
-.ett at
XwxA,p- N43S716L
3 a > ea,16-
.UTraining
„ ,,,
6,460 r I= k Drive
Redding, CA 96002
PWO&i r e4i . i i, i,%� r ,
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t'rss i o "d.,.
Private Pilot Course
Instrument Rating Course
Commercial Pilot Coarse
Special Curriculum Coarse
3 � dud 4", vw
.�� � qfwe until M ity 31, 2019
may. . -/Z4 j a
May 30, 2017 AntonlD A, Mocha
Mu ager, Sacramento FS00 W025
Q10 CMIfifflk IS >4Dt XC41110ftCdldlt, AND ANY YAIOR CHANGa IN THE BASK FAMTIP.b, OR IN THE LOCATION THEREOF,
RE
4HALL 6E IMMEDIATMY PORTED TO *E APPROPRIATERV96NAL OF19CE OFTHE, FEDERAL AVIATION ADMIN127MMN
Any eltemHom of this certrfltate is pnnlsltable by n1gur of noterceedh4 $7,000, or hVrisomwnt not—edixg3 years, or both
FAA Form 80e0 -A tr.e?1 AUFEMFD58FAA FORM aaa EhmIrmle Fum. tPOFS
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AIRPORT USE AGREEMENT
-PAGE 13
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C"R�'RC,f . E OE 4�'.!.��+ 1 � ION �, IASIL17 l INSU's3 VIICIE 312 /2 17
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORUTATION ONLY AND CONFER8 NO RIGHTS UPON THE CEWnFICATE HOLDEK T=
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, MEMO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CON8TITUTE A CONTRACT BETWEEN THE ISSUING INSURER(4 AUTHORIZED
REPRESENTATfIr'E OR PRDDUICER, AND THE CERTIFICATE HOLDER.
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ensburg,, WA 98926 -
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KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
STUDY SESSION STAFF REPORT
SUTDY SESSION DATE: June 26th, 2017
ACTION REQUESTED: Approve a Notice of Call for Sealed Bids for the
Procurement of a Steel Modular Bridge
BACKGROUND: Kittitas County Public works received approval for an
alternate project for the Ringer Loop FEMA funding.
Within this alternate project funding was identified for the
procurement of a 40' steel modular bridge to be deployed
for detours during construction activities and during
emergency events.
It was later identified that a two piece, 90 foot span (30 foot
and 60 foot) would better suit the needs of the County
during flooding emergencies and would span most
waterways within the County. This also allows for
deployment of two bridges over smaller waterways
simultaneously. This request has been approved for
purchase through FEMA.
The Engineers estimate for the proposed proj ect is
$150,000 which falls right at the allowable limit for small
works publication with FEMA funding.
As a precaution Public Works is moving to call for formal
sealed bids in the event low bid is received for an amount
above that threshold.
Bids are scheduled to be opened publicly on July 21st,
2017 at 10:00 a.m. in the Public Works Department.
Public Works will be utilizing QuestCDN for contract
advertisement as described in the notice of call for bids.
INTERACTION: Public Works
RECOMN ENDATION: Move to approve Notice of Call for Sealed Bids for the for
the Procurement of a Steel Modular Bridge
HANDLING: Return one (1) copy to Public Works
ATTACHMENTS: Notice of Call for Bids; Bid Proposal Package
LEAD STAFF: Lucas Huck, County Engineer
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2017 -
TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO AUTHORIZE A
NOTICE OF CALL FOR BIDS FOR THE PROCUREMENT OF A STEEL
MODULAR BRIDGE
WHEREAS: The Department of Public Works received funding through FEMA for the
Ringer Loop alternative project for said procurement; and
WHEREAS: The specifications for the Design, Fabrication, Finishing, and Transporting
of a Steel Modular Bridge are complete; and
WHEREAS: Additional approval was received by FEMA to purchase a two piece 90
foot modular bridge; and
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in
the best interest of the public, does hereby direct the Director of Public
Works to prepare a Notice of Contractors for a call for bids.
BE IT FURTHER RESOLVED that bids will be received until 10:00 am on Friday,
July 21, 2017 at the office of the Department of Public Works, 411 North
Ruby Street, Suite 1, Ellensburg, Washington, to be publicly read aloud
after 10:00 am on Friday, July 21, 2017, in the Department of Public
Works, Ellensburg, Washington.
DATED on this 26th day of June, 2017, at Ellensburg, Washington.
Attest:
11 Clerk of the Board- Julie Kjorsvik
BOARD OF COUNTY
COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Paul Jewell, Chairman
Laura Osiadacz, Vice -Chairman
❑ Deputy Clerk of the Board- Mandy Buchholz
Obie O'Brien, Commissioner
Page 1 of 1
Public Notice
Kittitas County, Ellensburg WA
KITTITAS COUNTY — For Design, Fabricating, Finishing and Transporting a Steel Modular Bridge
Sealed bids will be received by the Kittitas County Public Works, at the reception desk located at 411 North Ruby Street,
Suite 1, Ellensburg, Washington until 10:00 AM on *** July 21, 2017 *** and will then and there be opened and publicly
read for the construction of the improvements.
All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, casbier's check, or surety bond in
an amount equal to five percent (5414) of the amount of such bid proposal. Should the successful bidder fail to enter into such
contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall
be forfeited to the Kittitas County Public Works.
The right is reserved to reject any and all bids and to waiver informalities in the bidding.
Complete digital project bidding documents, including plans and specifications, are available at w —w. u.-stcdn.coPn. You
may download the digital plan documents for $10 by inputting Quest project *5223012 on the website's Project Search
page. Please contact QuestCDN.com at 952-233-1632 or for assistance in free membership
registration, downloading, and working with this digital project information.
Informational copies of maps, plans and specifications are on file for inspection at the Kittitas County Public Works, 411
Forth Ruby Street, Suite 1, Ellensburg, WA 98926.
The Kittitas County in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to
2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation issued
pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into
pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, national origin, or sex in consideration for an award.
The improvement for which bids will be received is described below:
This Contract provides for the Design, Fabricating, Finishing and Transporting of a 90 foot Steel Modular Bridge for Kittitas
County Public Works per the provided Contract Special Provisions, and the Standard Specifications.
Specifications may be seen at the affice of the Board of Commissioners and online at http://www.co.kittitas.wa.us/noticcs/.
Cl.; ra of She Bo�cd
Publish:
Daily Journal of Commerce: 06/30/2017; 07/0V2017; 07/14/2017
Daily Record: 06/30/17; 07/07/2017; 07/14/2017
file:///C:/LJsers/candie.leader/Downloads/newspaper-teart%20(3).htinl 6/22/2017
Page 1 of 1
For more information, contact Public Works
All bid submittals shall become the property of Kittitas County.
Kittitas County reserves the right to reject all bids and re -advertise if necessary
file:///C:/Users/candie.leader/Downloads/www-text%20(3).html 6/22/2017
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT PROVISIONS &
PROPOSAL DOCUMENTS
For Desiqn,Fabricatinq.
.Finishing and Transporting a teel
NMadular Bridge
Consisting of:
INVITATION TO BID
BID PROPOSAL DOCUMENTS
CONTRACT SPECIAL PROVISIONS
SAMPLE LOCAL AGENCY CONTRACT AND BOND DOCUMENTS
Lucas Huck
Kittitas County Engineer
INVITATION TO- BID
;ITTITAB 'C';UNT -- FPDr• Dra'F tri- Fq,7f'kcating. FjWtshing 30d
Sealed bids will be received by the Kittitas County Public Works, at the reception desk located
at 411 North Ruby Street, Suite 1, Ellensburg, Washington until 10:00 AM on * July 21, 2017
*** and will then and there be opened and publicly read for the construction of the
improvements.
All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check,
cashiers check, or surety bond in an amount equal to five percent (5°%) of the amount of such
bid proposal. Should the successful bidder fail to enter into such contract and furnish
satisfactory performance bond within the time stated in the specifications, the bid proposal
deposit shall be forfeited to the Kittitas County Public Works.
The right is reserved to reject any and all bids and to waiver informalities in the bidding.
Complete digital project bidding documents, including plans and specifications, are available
at -v- % -. . You may download the digital plan documents for $10 by inputting
Quest project #5223012 on the website's Project Search page. Please contact
QuestCDN.com at 952-233-1632 or for assistance in free membership
registration, downloading, and working with this digital project information.
Informational copies of maps, plans and specifications are on file for inspection at the Kittitas
County Public Works, 411 North Ruby Street, Suite 1, Ellensburg, WA 98926.
The Kittitas County in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 USC 20004 to 2000d-4 and Title 49. Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract
entered into pursuant to this advertisement, disadvantaged business enterprises as
defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response
to this Invitation and will not be discriminated against on the grounds of race, color,
national origin, or sex in consideration for an award.
The improvement for which bids will be received is described below:
This Contract provides for the Design, Fabricating, Finishing and Transporting of a 90 foot
Steel Modular Bridge for Kittitas County Public Works per the provided Contract Special
Provisions, and the Standard Specifications.
DATED this Day of June, 2017
at Ellensburg, Washington.
Clork of thy: Board
Publish:
BOARD OF COUNTY COMMISSIONERS
***Daily Journal of Commerce: June 30, July 7, and July 14 2017 ***
*** Ellensburg Daily Record: ,lune 30, July 7 and July 14 2017 ***
PROPOSAL
DOCUMENTS
SUBMIT ALL THE
ENCLOSED PROPOSAL
FORMS WITH YOUR
BID PROPOSAL.
USE OF OTHER FORMS
OR FAILURE TO
SUBMIT ALL FORMS
MAY SUBJECT YOUR
BID TO REJECTION.
MON- COLLUSION DEgLARATION
1, by signing the proposal, hereby declare, under penalty of perjury Under the laws of the
United States that the following statements are true and correct:
1. That the undersigned person(s), firm, association or corporation has (have) not, either
directly or indirectly, entered into any agreement, participated in any collusion, or otherwise
taken any action in restrain of free competitive bidding in connection with the project for
which this proposal is submitted.
2. That by signing the signature page of this proposal, 1 am deemed to have signed and have
agreed to the provisions of this declaration.
NOTICE: TO ALL 3IDDiERS
To report bid rigging activities call:
1.800-424-9071
The U.S. Department of Transportation (USDOT) operates the above toll-free "hatline" Monday
through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid
rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such
activities.
The "hotline" is part of USDOTs continuing effort to identify and investigate highway
construction contract fraud and abuse and is operated under the direction of the USDOT
Inspector General. All information will be treated confidentially and caller anonymity will be
respected.
KITTITAS COUNTY PUBLIC WORKS
411 N. RUBY ST, SUITE#1 Locpat ew-,y 0nd
of
KNOW ALL MEN BY THESE PRESENTS, That we,
as principal, and the
a corporation duly organized under the laws of the state of
, and
authorized to do business in the State of Washington, as surety, are held and firmly bound unto the State
of Washington in the full and penal sum of five (5) percent of the total amount of the bid proposal of said
principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind
our heirs, executors, administrators and assigns, and successors and assigns, firmly by these presents.
The condition of this bond is such, that whereas the principal herein is herewith submitting his or
its sealed proposal for the following highway construction, to wit:
said bid and proposal, by reference thereto, being made a part hereof.
NOW, THEREFORE, If the said proposal bid by said principal be accepted, and the contract be
awarded to said principal, and if said principal shall duly make and enter into and execute said contract
and shall furnish bond as required by the KITTITAS COUNTYYEl IRL IC WORKS within a period of
twenty (20) days from and after said award, exclusive of the day of such award, then this obligation
shall be null and void, otherwise it shall remain and be in full force and effect.
IN TESTIMONY WHEREOF, The principal and surety have caused these presents to be signed
and sealed this
(I1xine1pnij
Nr'r' -'
(Attomey-in-fact)
DOT Form 272-001 A
0712011
KITTITAS COUNTY PUBLIC WORKS
411 N. RUBY ST, SUITE #1
Local Agency Signature Page
The undersigned hereby agrees to pay labor not less than the prevailing rates of wages in accordance with
the requirements of the special provisions for this project.
Receipt is hereby acknowledged of addenduin(s) No.(s) — --
Proposal .ust be Signed
Signature of Authorized Official(s)
Firm Name
Address
State of Washington Contractor's License No.
Federal ID No.
Note:
(1) This proposal form is not transferable and any alteration of the firm's name entered hereon
without prior permission from the KITTITAS COUNTY PUBLIC WORKS will be cause for
considering the proposal irregular and subsequent rejection of the bid.
(2) Please refer to section 1-02.6 of the standard specifications, re: "Preparation of Proposal," or
"Article 4" of the Instruction to Bidders for building construction jobs.
(3) Should it be necessary to modify this proposal either in writing or by electronic means, please
make reference to the following proposal number on in your communication 1551
(4) RCW 47.28.030 (2) applies: No bid deposit or performance bond shall be required but it shall
be specified in the bidding proposal that each month the contractor may be required to submit
paid invoices showing that disbursements have been made to laborers, materialmen, mechanics,
and subcontractors due such persons from the previous progress payment. If such disbursements
have not been made, the monthly progress payment shall be withheld pending receipt of the paid
invoices.
DOT Fong 272-036J
0712011
KITTITAS COUNTY PUBLIC WORKS
491 N. RUBY ST, SUITE #1
c l Propos
,310nslu? F -1:.;.i:.
The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged
all requirements and signed all certificates contained herein.
A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate
estimate of quantities at the above prices and in the form as indicated below is attached hereto:
Cash ❑ In the Amount of
Cashier's Check ❑ Dollars
Certified Check ❑ ( ..... ......... _ ) Payable to the Agency
Proposal Bond ❑ In the Amount of 5% of the Bid
Receipt is hereby acknowledged of addendum(s) �'o.(-)
Signature of Authorized Official(s)
:propos-1 Must he 3':grad 0111—
Firm
re
Firm Name
Address
State of Washington Contractor's License No.
Federal 1D No.
Note:
(1) This proposal form is not transferable and any alteration of the firm's name entered hereon
without prior permission from the KIT=AS COiTNTY PT1Ri.iC WORKC will because for
considering the
proposal irregular and subsequent rejection of the bid.
(2) Please refer to section 1-42.6 of the standard specifications, re: "Preparation of Proposal," or
"Article 4" of the Instruction to Bidders for building construction jobs.
DOT Forth 272 -MSK
0712411
BQ RROPOSAL SCHEDULZ: OF DATES AMD FIRICES
TO: The Board of County Commissioners
Kdtitas County Courthouse
205 West 5th
Ellensburg, WA 98926
This certifies that the undersigned has thoroughly examined the location of;
Design, Fabricating, Finishing and Transporting a Steel Modular Bridge
and that the Plans, Specifications, and Contract governing the work embraced in this improvement and that the
method by which payment will be made for said work is understood. The undersigned hereby proposes to
undertake and complete the work embraced in this improvement, or as much thereof as can be completed with
the money available, in accordance with said Plans, Specifications, and Contract, and the following Bid
Proposal Schedule of Rates and Prices:
NOTE: (Unit prices for all items, all extensions, and total amount of bid, shall be shown)
ITEM PLAN
UNIT ITEM pi`SCRIPTION
WHIT
TOTAL
iii). �IUANTITY
PNCE
AMOUNT
Furnish and deliver one 14 foot X 90 foat LRFD
Metal Bridge containing an allk-bolted splice located at
t
t
LS
the 30 fooU60 That location including Safety Rail —
$
$
Complete with Two Foundation Systems — Delivered
to Ellensburg WA in l(iittitas County
$
2
3
EACH
Load Ratings for each Bridge configuration (30'60'
90' span)
BID TOTAL
CONTRACT
SPECIAL
PROVISIONS
CONTRdCT SPECIAL PROVISIONS
1.0 INTRODUCTION
1.1 The following spacial provisions are to be used in conjunction with the 2016 edition of the
Washington State Department of Transportation's °Standard Specifications for Road, Bridge,
and Municipal Construction" M 41-10, as amended, which by reference are hereby made a
part of these documents.
1.2 The special provisions hereinafter contained shalt supersede any conflicting provisions of
the Standard Specifications,
1.3 Where the word State appears in the Standard Specifications, the County of Kittrtas shall be
used in this contract. Where the terms Engineer or Secretary of Transportation appears in
the Standard Specifications, Kittitas County Public Works Director shall be used for this
contract. Where the term Washington State Highway or Transportation Commission
appears in the Standard Specifications, Klttitas County Board of County Commissioners
shall be used for this contract.
1.4 Prospective bidders will herby referred to as the Bridge Manufacturer.
2.0 DESCRIPTION OF WORK
2.1 This Work provides for the Design, Fabricating, Finishing and Transporting of a Steel
Modular Bridge to Kittitas County Public Works,
3.0 STANDARD TERMS AND CONDITIONS
3.1 No alteration in any of the terms, conditions, bid price, quality, quantities, or specification of
this order will be effective without written consent of the Mitas County Department of Public
Works.
3.2 Before award of a public works contract, a bidder must meet at least the minimum
qualifications of RCW 39.D4.3513(1) to be considered a responsible bidder and qualified to be
awarded a public works project.
3.3 Bridge Manufacturer agrees to protect and save harmless Kittitas County against all claims,
suits, or proceedings for patent, trademark, copyright or franchise infringement arising from
the purchase, installation, or use of goods and materials ordered, and to assume all
expenses and damages arising from such claims, suits or proceedings.
3.4 Bridge Manufacturer warrants and represents that all the goods and materials ordered
herein are free and clear of all liens, claims or encumbrances of any kind.
3.6 Bridge Manufacturer agrees to bear all risks of loss, injury, or destruction of goods and
materials ordered herein which occur prior to delivery. Such loss, injury or destruction shall
not release Bridge Manufacturer from any obligation hereunder.
3.6 The Bridge Manufacturer agrees to and shall defend, indemnify and hold harmless the
County, its 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 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 Bridge Manufacturer, its sub -contractors, its
elected officers, employees or their agents, except only such injury or damage as Shoji have
been occasioned by the sole negligence of the County, its 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.
3.7 In the event of a breach by Bridge Manufacturer of any of the provisions of this contract,
Kittitas County reserves the right to cancel and terminate this contract forthwith upon giving
oral or written notice to Bridge Manufacturer, Bridge Manufacturer shall be liable for
damages suffered by Kittitas County resulting from Bridge Manufacturer's breach of
contract.
3.8 The Bridge Manufacturer agrees not to discriminate against any client, employee, or
applicant for employment or services because of race, creed, color, national origin, sex,
sexual orientation, marital status, age or the presence of any sensory, mental or physical
handicap with regard to, but not limited to, the hollowing employment upgrading, demotion,
or transfer, recruitment or recruitment advertising, lay-offs or termination, rates of pay or
other forms of compensation, selection for training or rendition of services.
3.5 The Bridge Manufacturer covenants and agrees that In the event suit is instituted by Mttitas
County for any default on the part of the Bridge Manufacturer, and the Bridge Manufacturer
is adjudged by a court of competent jurisdiction to be in default, the Bridge Manufacturer
shall pay to Kittitas County all cost, expenses expended or incurred by Kittitas County in
connection therewith, and reasonable attorney's fees. The Bridge Manufacturer agrees that
the Superior Court of the State of Washington shall have jurisdiction over any such suit and
that venue shall be laid In Kittitas County.
3.10 it is agreed by and between the parties hereto that in no event shall any official, officer,
employee or agent of the County be in any way liable or responsible for any covenant or
agreement herein contained whether express or implied, nor for any statement or
representation made herein or in any connection with this agreement,
3.11 Any contractual agreement shall be performed under the laws of the State of Washington.
Any litigation to enforce such agreement or any of its provisions shall be brought in ICtdtas
County, Washington.
3.12 The Bridge Manufacturer shall comply with all applicable federal, state and local laws, rules
and regulations affecting its performance and hold the County harmless against any claims
arising from the violation thereof.
4.0 GENERAL
4.1 Scope
These specifications are for fully engineered multi -piece modular bridge(s) of steel
construction with 4.25 -inch Steel Bridge Deck and shall be regarded as minimum standards
for design and construction. The work included under this item shall consist of design,
fabricating, finishing and transporting the steel modular beam bridge superstructure,
including but not limited to all bearings, attachment hardware, and safety rail,
4.2 Qualified Bridge Manufacturer
The Bridge Manufacturer shall utilize an engineer who is experienced in bridge design to
perform all engineering related task and design. The engineer shall have a minimum of 10 -
years' experience in bridge design and be a currently licensed civil or structural engineer In
the State of Washington.
Qualified Bridge Manufacturers must have at least 5 -years' experience fabricating these
types of structures and shall have an up to date certification by A1SC as a Certified Bridge
Fabrication - Intermediate (Major) with Fracture Critical Endorsement. All suppliers shall
fabricate their product, no brokers are allowed.
Bridge Manufacturers shall provide Kittitas County documentation affirming the
aforementioned qualifications prior to contract award. These documents will be evaluated
by Kittitas County for accuracy and ability to provide a bridge(s) in accordance with these
specifications prior to contract award.
4.3 Bridge Manufacturer's Design Professional and Submittals
Engineering drawings, 11x17 format, shall be prepared and submitted to Kittitas County for
their review after contract award. Submittal drawings shall be unique drawings, prepared to
illustrate the specific portion of the bridge being fabricated. All relative design information
such as member size, ASTWAASHTO material specification, dimension necessary to
fabricate and required welding shall be clearly shown on the drawings. Drawings shall have
crass referenced details and sheet numbers. All drawings shall be stamped, signed and
dated by the Bridge Manufacturer's Design Professional.
Structural calculations for the design of the bridge superstructure shall be prepared and
submitted to Khtitas County for their review. Calculations shall include complete design,
analysis and code checks for the controlling member, connectivity and support conditions,
deck design, deflection checks, bearings and ail splices.
Load Ratings in accordance with the National Bridge Inspection Standards (NBIS) and the
AASHTO Manual Bridge Evaluation for each Bridge configuration (30' 80' 90' span) shall be
submitted to Kittitas County prior to the delivery of the bridge. The Bridge Manufacturer's
Design Professional shall coordinate with lGttitas County for the format of the Load Ratings
to be provided.
5.0 APPLICABLE CODES AND STANDARDS
5.1 Governing Specifications
Bridge(s) shall be designed in compliance with the LRFD Bridge Design Specifications,
latest edition, by AASHTO. Calculations shall be in accordance with this document, and
formulas shall reference the appropriate sections.
5.2 Other Reference Codes, Specifications and Standards
AISC, Steel Construction Manual, Latest Edition
American Welding Society, Structural Welding Code, D1.5, Latest Edition
ASCE/SEI 7 Minimum Design Loads for Buildings and Other Structures, Latest Edition
National Design Specification for Wood Construction, ANSI NDS -Latest Edition
6.0 BRIDGE GEOMETRY
6.1 Span Length
The bridge span length shall be 90'-0" (straight line dimension) and measured from end
to end of the bridge structure. Bridge shall have an all -bolted splice (both flanges and
web) located at the 30'160' location. No field welding splices will be allowed. Further,
additional base plates are to be added at the splice location such that each section (30'/
60') can be used independently as separate spans. Post blocks and posts shall be
spaced such that each span can be used independently. Railing and wood running
planks need to be spliced at this location. Further, additional leveling pads and railing
flared ends need to be supplied so each span can be utilized independently.
6.2 Width
The bridge width shall be 14'-0" and shall be as measured from the inside face to inside
face of rail.
6.3 Lower Steel Clearance
The bridge manufacturer shall determine the distance from the top of the deck (measured
from the highest point of the deck) to the bottom of any steel member.
6.4 Rail Height
Top of rail shall be 2'-7" above the top of the wearing surface for vehicular traffic only.
The finished product shall have all necessary connections and be manufactured in a
manner that the bridge and its rail sections can be deployed as one 90 foot unit or
separately as one 30 foot unit and one 60 foot unit.
6.5 Camber
A single simple -span bridge shall have a vertical camber dimension at the mid -span
equal to 100% of the anticipated full dead load deflection. If beam mill camber is
adequate to accommodate full dead load deflection, then indicate so on drawings. Note,
the beams shall be cambered to offset full dead load deflection for the full 90'-0" span.
That means that there will be permanent up camber in the 30' and 60' spans.
6.6 Elevation Difference
The top of the decks shall be at the same elevation at each end of the bridge.
7.0 STRUCTURAL DESIGN LOADS
7.1 Dead Load
The bridge structure shall be designed for the total bridge weight plus an additional
allowance of 80 pounds per square foot total wearing surface.
Vehicle Load (VL)
Bridge shall be designed for one lane of traffic, supporting HL -93 vehicle plus Dynamic
Load Allowance.
The design ADTT (Average Daily Truck Traffic) shall be 600.
7.2 Wind Load (WS)
Bridge shall be designed for 50 pounds per square foot wind load applied horizontally
against the height of the stringer plus the side dam.
7.3 Fafigue Load (FL)
The fatigue loading shall be as specified in AASHTO LRFD Bridge Design eciflcations,
current edition.
7.4 Railing Loads (RL)
Traffic rail shall be designed in accordance with AASHTO LRFD Bridge resign
Specifications current edition.
Traffic rail shall meet the force requirements for a TL -3 rating.
7.5 Combination of Loads
The load combinations and load factors to be used shall be as per specified in AASHTO
LRFD Table 3.4.1-1.
8.0 STRUCUTRAL DESIGN CRITERIA
8.1 Deflections
Per AASHTO LRFD Bridge Desion Sppcifications, vehicle load deflection limits are not
required. However, the Bridge Manufacturer will provide an anticipated vehicle load
deflection of approximately L/500, expressed as the ratio of span length to deflection.
8.2 Fracture
The main beams shall meet CVN values of 20 ft -lbs @ 40 -degrees Fahrenheit.
8.3 Wheel Load Distribution
4.25 -inch Bridge deck shall be designed to support the maximum wheel load from the
design vehicle.
9.0 MATERIALS OF CONSTRUCTION
9.1 Structural Steel
For weathering steel bridges, all structural steel shall be ASTM A588.
9.2 Deck Material
Decking to be 4.25 -inch Steel Bridge Deck, 9 -gage, placed transverse across the width of
the bridge. The height of the deck shall be 4.25" from top of the lower through to top of
the profile. Width of the plank shall be 12-13116" with one 13/16" overlapping leg.
Decking shall be manufactured from pre -galvanized steel, ASTM A653 Grade 50 Class
with a minimum 2 oz. galvanized coating, Fy--50 ksi. Decking is to be welded to top
flange of stringers and to adjoining sheets. Welds to be treated with organic zinc -rich
coating meeting the material and performance requirements of ASTM A 780 (Standard
Practice for Repair of Damaged and Uncoated Areas of Hot -Dip Galvanized Coatings).
9.3 Wearing Surface
Timber (Treated) - Running (Ribbon)
Top of side dam shall be 3.5" above top of 4.25 -inch Steel Bridge Deck for timber
wearing surface. Timber wearing surface shall be two ribbons of tour planks each of
3x12 No. 2 or better, rough sawn, West Coast Region Douglas Fir, pressure treated ACQ
or equal to 0.4 pct or refusal. Timber shall be attached to the 4.25 -inch Steel Bridge
Deck utilizing'/" diameter galvanized carriage bolts, two at each end of the planks and
one alternating every 4'-0" along the length of the planks. Some planks will be shipped
loose to allow access to the lifting lugs and the bolted stitch connection.
9.4 Fasteners
Structural bolts used to field splice, or connect; all main members shall be ASTM A325, in
accordance with the Specification for Structural Joints using ASTM A325 or A4S0 Bolts.
The nuts for these structural bolts shall be ASTM A563. One flat hardened washer
meeting ASTM F436 shall be supplied with all bolts. All bolts, nuts and washers shall be
galvanized and shall be furnished in an amount of 5% more than the number required for
each size and length.
Non-structural bolts shall be ASTM A307,1/4' diameter carriage bolts, zinc plated or
galvanized.
Self -drilling fasteners shall be #14 x t"Zinc Plated Hex Washer Head Tek Screws
Power Actuated fasteners shall be Hilti sheet metal nail X -ENP -19 fastener.
9.5 Traffic Rail
Rail to be galvanized steel Thrie-Beam Rail, 10 -gage thickness, with flared ends at each
end of bridge. A 2 -sided crystal reflector tab shall be provided to be placed 6'-3" on
center.
10.0 FINISH
10.1 Blast Cleaning
Exposed surfaces of structural steel to be wipe cleaned in accordance with the Steel
Structures Painting Council (SSPC), Surface Preparation Specification No. 1, latest
edition, (SSPC-SP1), Wipe -Off Clean. Exposed surfaces of steel shall be defined as
those surfaces seen from the deck or from the outside and bottom of the structure.
11.0 BEARINGS
11.1 Bearing Plates
The Manufacturer shall supply two sets. Bearing plates shall be used under the stringers
at both ends of the bridge and shall be designed to support the anticipated reactions and
thermal movement. Bearing plate material shall be ASTM A572 Grade 50 or A588 for
painted, metallized and galvanized bridges or ASTM A588 for weathering steel bridges.
The Bridge Manufacturer should design the bearing plates such that one end of the
bridge is fixed and the other end allows for expansion. All bearing plates should have a
minimum of two holes to receive anchor rods (one on each side of the stringer). For the
expansion base plates, holes shall be slotted with a minimum of 3" in the slot to allow for
expansion and contraction. All bearing plates shall be shipped loose for field Installation
by others; field welded to the stringers by an AWS D1.5 certified welder.
If the longitudinal grade of the bridge Is equal to or greater than 1.50/c, then the bearing
plates shall be beveled across their width to provide a level bearing condition on the
elastomeric pads.
11.2 Elastomeric Pads
The Manufacturer shall supply adequate pads to support deployment of two separate
structures (30'160'). The Bearing plates will be placed on top of elastomeric pads.
Elastomedc pads shall be 60-Durometer Neoprene and are to be used only as leveling
pads and do not most AASHTO LRFD design criteria.
12.0 PRECAST CONCRETE SILLS & ANCHOR PLATES
Precast concrete sills shall be designed and supplied by the Bridge Manufacturer. The
precast concrete sills she be cast by a plant which carries the National Precast Concrete
Association (NPCA) certification. The precast concrete sill(s) shall be 1'-6" deep by 2'-6"
wide by 1 S' long. The precast concrete sill shall be reinforced with stirrups and
longitudinal reinforcing bars (minimum Grade 40), and have a minimum concrete strength
of 4000psi. A 2" minimum concrete cover shall be maintained for all reinforcing. Lifting
lugs shall be installed to aid in the unloading and placement of the precast concrete sills.
On top of the precast concrete sill, an ASTM A588 plate (112" thick by 6" wide and
running the entire length of the sill) shall be embedded into the concrete with shear studs.
This top plate will be used to attach the anchor plates via field welding by Kittitas County.
Comer embed angles shall be installed in the sills to allow for the field welding together of
the multiple sections prior to the installation of the full bridge superstructure. Anchor
plates will consist of two 1.25" diameter by 5" long fully -threaded zinc plated rods welded
to the surface and spaced to match the hole spacing in the bridge bearing plates and
slastomeric pads. Two nuts and one washer (all galvanized) shall be supplied with each
rod.
Adequate quantity of precast concrete sills, altachment hardware, and anchor plates shall
be provided to produce foundations for both independent spans -
13.0 BACK WALLS
The manufacturer shall supply two sets. The back -wall system shall be comprised of two
pieces of sheet piling extending 3'-4" in total height. The sheet piling shall be of 10
gauge material. The length of the top piece of sheet pile shall be equal to the bridge
width plus 5 feet. The length of the bottom piece of sheet pile shall be equal to the bridge
width plus 10 feet. Back walls shall be designed to support the backfill and applied traffic
loads.
The finish of the sheet pile shall be as follows., Galvanized.
Adequate quantity of sheet pile shall be provided to produce back walls for both
independent spans.
14.0 FABRICATION
14.1 Welding
Welding procedures and weld qualification teal procedures shall conform to the
provisions of AWS D1.5, Bridge Welding Code, latest edition. Filler metal shall be in
accordance with the applicable AWS Filler Metal Specification, and shall match the
corrosion properties of the base metal.
14.2 Welders
Welders shall be qualified for each process and position used while fabricating the
bridge. Qualification tests shall be in accordance with AWS DIA. All weld qualifications
and records shall be kept In accordance with the Fabricator's Quality Assurance Manual
which has been approved by AISC.
14.3 Bolted Splices
For shipping purposes, the bridge may be fabricated in sections. Sections shall be field
assembled using bolted connections and or field welding as indicated on the drawings.
Tightening of all structural bolts shall be by Turn -of -the -Nut Method.
15.0 QUALITY CONTROL
15.1 AISC Certification
The bridge shall be fabricated In a shop owned by the Bridge Manufacturer. This tacili ty
shall have up to date certification by AISC as a Certified Bridge Fabrication - Intermediate
(Major) with Fracture Critical Endorsement.
15.2 Certified Weld Inspector
When welding is required, the bridge manufacturer shall employ a Certified Weld
Inspector (CW I), with endorsement by AWS QC1. This CWl shall be present during the
complete fabrication of the bridge. The CWI shall provide written documentation that the
bridge has been fabricated in accordance with these specifications and the approved
design drawings.
15.3 Documentation
Material Certifications shall be available for review for all materials within the bridge.
Traceability of heat numbers is required for all steel.
Documentation showing the performance of all critical quallty checks shall also be made
available for review by the Engineer or Owner.
15.4 Ikon -Destructive Testing
All welds within the structure, shall be visually inspected for conformance to size, under
cut, profile and finish.
16,0 DELIVERY AND ERECTION
16.1 Delivery
Delivery shall be made via trucK to 505 W 10 Ave Ellensburg, WA 98926 which is
accessible to normal over -the -road equipment. All trucks delivering bridge materials will
be unloaded at the time of arrival by Kittitas County.
16.2 Installation & Lifting Procedures
The Bridge Manufacturer will provide standard typical written procedures for lifting and
splicing the bridge for all three deployment options (30'/ 60' 190'). Capacity of the lifting
lug shall be 24,000 pounds at a 45 -degree lift angle, and/or as necessary to
accommodate lifting of the entire 90 foot bridge or each independent section (30'/ 60').
16.3 Loose Items
Post and Rails will be shipped loose for field installation.
Bearing Plates will be shipped loose for field welding to the bottom flange of the stringers.
17.0 WARRANTY
17.1 The Bridge Manufacturer shall warrant their steel structures) to be free of design, material,
and workmanship defects for a period of ten years from the earlier of the date of delivery or
from 60 days after final fabrication. Wood Is excluded under this warranty- This warranty
shall not cover defects In the bridge caused by abuse, misuse, overloading, accident,
improper maintenance, alteration, or any other cause not the result of defective materials or
workmanship. This warranty shall be void unless Owner's records can be supplied which
shall indicated compliance with the minimum guidelines specified in the inspection and
maintenance procedures. Paint, galvanizing and other special coatings shall be warranted
by the coating manufacturer and is not covered by the Bridge Manufacturer. Repair or
replacement shall be the exclusive remedy for defects under this warranty. The Bridge
Manufacturer shall not be liable for any consequential or incidental damages for breach of
any express or implied warranty on their structures. Use of de-icing or dust prohibitive
chemicals or salts to any part of the bridge structure will void this warranty.
18.0 MEASUREMENT;
18.1 Bid Item (1) shall be full payment for the design, Fabricating, Finishing and Transporting of a
14 foot X 90 foot Steel Modular Bridge, containing an all -bolted splice located at the 30
foot/60 foot location Including Safety Rail — Complete with Two Foundation Systems and all
hardware to Kittitas County Public Works. The finished product shall have all necessary
connections and be manufactured in a manner that the bridge and its section can be
deployed as one 90 foot unit or separately as one 30 foot unit and one 60 foot unit,
19.0 PAYMENT
19.1 Payment will be provided by Kittitas County in accordance with the Laws of the State of
Washington which are hereby incorporated by reference.
19.2 The Washington State Department of Revenue has issued special rules on the State sales
tax. The Bridge Manufacturer should contact the Washington State Department of Revenue
for answers to questions in this area. The Contracting Agency will not adjust its {payment if
the Bridge Manufacturer bases a bid on a misunderstood tax liability.
19.3 The Bid Proposal shall include all paid taxes in the unit bid prices.
19.4 Kittitas County is exempt from all Federal Excise Tax.
19.5 Prospective bidders are advised that following contract award Local Agency Payment and
Performance bonds shall be submitted to Kittitas County, sample documents have been
included for reference.
20.0 EXECUTION OF CONTRACT
20.1 The Successful bidder will be required to enter into a local agency contract; a sample
contract has been included for reference.
SAMPLE
LOCAL AGENCY
CONTRACT AND
BOND DOCUMENTS
Local gene' Performance Bond
KITTlTAS COUNTY PUBLIC WORKS
to lClty
Bond No.
County], WA
Tha Mity ref __...or County], Washington ([City or County]) has awarded to
(Principal), a contract for the construction of the project designated as Project
No. , in [location], Washington (Contract), and said Principal is required to furnish a bond for performance of all
oblig—W—n—su—nUeWrThe Contract.
The Principal, and (Surety), a corporation, organized under the Ivi ;h 3 Stade of
and licensed to do business in the State of Washington as surety and named In the current ' 'Slily ipanles Acceptable in
Federal Bonds' as published in the Federal Reglsthr by the Audit Staff Bureau of Accounts;.}, , ie.ist- Lk&ot., are jointly and
severally held and firmly bound to the [City or County], in the sum of �i US
Dollars ($ ) Total Contract Amount, subject to the prcMslons herein.
This statutory performance bond shall become null and void, if and when the al, its heirs, ex -c all . - ., xministrators,
successors, or assigns shall well and faithfully perform all of the Principal's obii I& under the CJ,L,;J achnd fulfill all terms and
conditions of all duly authorised modifications, additions, and changes td a, '•rat n Ty h,- ..ter be made, at the time and in
the manner therein specified; and if such performance obligations h. ".rt. +ulfa i , . aiiall remain in force and effect.
The Surety for value received agrees that no change, extens!Ar 'nfi, xi or additiowm the terms of the Contract, the
specifications accompanying the Contract, or to the worka V4 - r^. .:e the Contract shall in any way affect its obligation on
this bond, and waives notice of any change, extension oi►aat aff, : ;4, flition to the terms of the Contract or the work
performed. The Surety agrees that modifications and chart.,.' k - 1-6 rrt:_ -d conditions of the Contract that increase the total
amount to be paid the Principal shall automatically inarea&ep ' se`a._:. -. n -6f (,Surety on this bond and notice to Surety is not
required for such increased obligation.
This bond may be executed in two (2) original cc, £r J •i ill be%ned by the parties' duly authorized officers. This bond will
only be accepted if his accompanied by a fully t7wL.., .1,! )I power of attomey for the office executing an behalf of the surety.
PRINCIPAL_ SURETY
Principal Signature Date Surety Signature
Printed Name V date Printed Name Date
Title � Title
Name, address, and telephone of local officetagent of Surety Company is.
Approved as to form:
[City or County] Attorney, [City of or County]
DOT Form 272-002A
0012012
Date
KITTITAS COUNTY PUBLIC WORKS
Local Agency Ray.ment Bond
PUBLIC WORKS PAYMENUTBOND
to [City of or County], WA
Bond No.
The ,_:-------_—__ County], Washington QCity or County]) has awarded to
(Principal), a contract for the construction of the project designated as ,Project
No. in [location], Washington (Contract), and said Principal is required under the terms of that Contract to furnish
payment bond in accord with Tile 39.08 Revised Code of Washington (RCW) and (where applicable_w�.28 RCW_
The Principal, and (Surety), a corporation organized under theIa .4 the Stag of
and licensed to do business in the State of Washington as surety and named in the current ' t ,Su•ity V , Apanies Acceptable in
Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts,. '� ? •.f; ,gip{ , are jointly and
severally held and firmly bound to the [City or County], in the sum of + U5
Dollars ($ ) Total Contract Amours subject to the provisions herein.
This statutory payment bond shall become null and void, if and when the Prinits heirs, execut;;, ', ' -oistrators, successors, or
assigns shall pay all persons in accordance with RCW 39.08, 39.12, and 80.2_*'. Wig all workers i'abo?brs, mechanics,
subcontractors, and materialmen, and all person who shall supply suct; :-- - a` ;• r ro . b :;-'-se`nr � provisions and supplies for
the carrying on of such work, and all taxes incurred on said Contra& ' ,oei,. TT .. 0 n _ RrV - Ad all taxes imposed on the
Principal under Title 82 RCW; and if such payment obligations ha_ - ct t; iL '.I=d, t?1lS'i .•,1 'Iball remain in full force and effect.
4
The Surety for value received agrees that no change, e on .-it; -A* ' =uon or addltron to the terms of the Contract, the
specifications accompanying the Contract, or to the wo 7 ry r;.j 1, u ,mr the Contract shall in anyway affect its obligation an
this bond, and waives notice of any changes, extension or .irsraLurf , ddition to the terms of the Contractor the work
performed_ The Surety agrees that modifications and chan6 I - p r } a ,ronditions of the Contract that increase the total
amount to be paid the Principal shall automat]"IN increase- bf-i_ : ^ offt Surety on this bond and notice to Surety is not
required for such increased obligation. S
This bond may be executed in two (2) original caw'.. ;arty, 11 be signed by the parties' duly authorized officers. This bond will
only be accepted if it is accompar�jc" i a fully ex .,, ' a¢d original power of attorney for the office executing on behalf of the surety.
PRINCIPAL Y SURETY
Principal' Signature Date Surety Signature
Printed Name ' Date
Title
Printed Name
Title
Name, address, and telephone of local of icelagent of Surety Company is:
Approved as to form:
[City or County] Attorney, [City of or County]
DOT Form 272-003A
OW012
Date
Date
Date
KITTITAS COUNTY PUBLIC WORKS
411 N. RUBY ST, SUITE #1
Local Agency Contract
THIS AGREEMENT, made and entered into this day of , 2017 between
the KITTITAS COUNTY PUBLIC WORKS, hereinafter called the Local Agency under and by
virtue of Title 47 RCW, as amended and
hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditicr, = _ -moi Lind Lind�-',-Jched and made a
part of this agreement, the parties hereto covenant .i
I. The Contractor shall do all work a,10 :1- i;1z .4 tools, materials, and equipment for:
in accordance wit. +nc �., ¢ d he attached plans and specifications, and the
standard specifications oI cl '- ; „� )LIN Y_PUBLIC,AORKS which are by this reference
incorporated 'r -^;la M hereof and, shall perform any changes in the work in accord with
the Contract )�k unwra!-,
Th, ; ,,iir -,,r : .; pit� and bear the expense of all equipment, work and labor, of any
sort whatsoeNrtrrtfial m.:+ N. . equired for the transfer of materials and for constructing and
completing the W* rri 4ded for in these Contract Documents except those items mentioned
therein to be furni vu by KIIJITAS COUNTY PUBLIC WORKS.
H. KLUMS COUNTY PUBLIC WORKS hereby promises and agrees with the
Contractor to employ, and does employ the Contractor to provide the materials and to do and cause
to be done the above described work and to complete and finish the same in accord with the
attached plans and specifications and the terms and conditions herein contained and hereby
contracts to pay for the same according to the attached specifications and the schedule of unit or
itemized prices at the time and in the manner and upon the conditions provided for in this contract.
DOT Form zit-ODBA
0712011
III. The Contractor for himself/herself, and for his/her heirs, executors, administrators,
successors, and assigns, does hereby agree to full performance of all convenants required of the
Contractor in the contract.
IV. It is further provided that no liability shall attach to the State by reason of entering
into this contract, except as provided herein.
IN WITNESS WHEREOF, the Contractor has executed this instrurr,6:,:- on the day and year
first below written and KITTITAS COUNTY PIIBT.IC WORKS has cay- -.;.t th i ills- orient to be
executed by and in the name of KMITAS COUNTY PUBT . WORTt; :_t da- ti4 year
above written.
Executed by the Contractor
3
Loc-` ,�gency:
T. `
DOT Form 272-DOBA
0712011
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
,STUDY SESSION DATE: June 26, 2017
TOPIC: Blackhorse at Whiskey Creek
ACTION REQUESTED: Informational — No Action Required
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Informational — no action required.
BREIF NG SUMMARY:
• Proposed revised storrnwater management strategy failed
• County's flood study has been sent to DR Horton and Ellensburg Water Company
BACKGROUND:
During the past several winters, the onsite stormwater ponds supporting improved runoff
within the Blackhorse subdivision have not worked properly since construction. It
appears that the ponds are being influenced by a high water table. Responding to the
height of the water table, DR Horton recently attempted to construct a shallow infiltration
gallery (excavation filled with round rock) setting the bottom elevation approximately
three feet below the existing ground surface. The excavation began filling during
construction. Over the following weekend, groundwater filled the excavation to
approximately eight (8) inches of depth. Staff met with DR, Horton on 06-15-2017
discussing the issue. Public Works (PW) does not have a plan from DR Horton at this
time.
Recently, PW conducted a lrmrted flood analysis of the DR Horton property (Black
Horse) using a recently completed two dimensional flow model developed by the Flood
Control Zone District of Whiskey Creek. The preliminary results were shared with the
Board of County Commissioners several weeks back and later with two residents
bordering Black Horse. Watershed Science and Engineering has since completed a final
flood study that has been sent to the Board of County Commissioners, The final study
was transmitted to DR Horton and Ellensburg Water Company on 06-20-2017. A
meeting with DR Horton has not been scheduled at this time.
Page 1 of 2
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
DISCUSSION:
A comprehensive approach defining the extent and quantity of groundwater on the DR
Horton site has not been conducted. At this point, solutions are unlikely to succeed
without knowing the impact of groundwater on the site. To help guide the process, we
could prepare a suggested scope of work defining the likely data collecting effortneeded
defining the water table and underlying "aquitard" that is driving shallow water table
depth.
FISCAL IMPACTS:
Staff time preparing a suggested scope of work
ATTACHMENTS;
None.
Page 2 of 2
PUI3LIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORD — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: June 26, 2017
TOPIC: Naneurn Creek — Wilson Creek Split Structure
ACTION REQUESTED: Provide Staff Direction
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Staff has previously recommended no action.
BREIFING SUMMARY:
3 Spring runoff has produced wide spread damage in Naneum Creek watershed
The diversion structure splitting creek flows is now operating with stop logs
Splitting flows 50150 is difficult with, the elevated streambed of Wilson Creek
Water Right holders are expected to take action in the absence of WDFW
hydraulic permit approvals
BACKGROUND:
In early December 2016, staff briefed the Board of County Commissioners (BOCC) on
issues surrounding the flow control structure on Naneum Creek (EXHIBIT 1). At that
time, the City of Ellensburg expressed interest in having the streambed in the vicinity of
the structure dredged anticipating potential increased flooding in spring of 2017.
Significant flooding has occurred in the Naneunn watershed throughout this past spring.
One tributary of Nanuem Creek is now completely plugged with round rock and debris
making water delivery impossible. The flow control structure is now being exercised
attempting to establish fifty percent (50%) flow delivery to Wilson Creek. During the
past week, numerous water right holders have been gathering at the split discussing
individual actions aimed at establishing flow delivery to both stream systems.
DISCUSSION:
The pending potential shut down of state government will remove the ability for local
WDF W staff to issue emergency HPAs. Given the growing tension amongst area water
right holders, unpermitted stream dredging activities are a likely potential in the next
several weeks or immediately following a government shutdown.
In December 2016, staff supported a multi -agency approach to managing streambed
:materials at the split. Staff was not successful in putting a multi -agency team together
Page 1 of 4
PUBLIC WORKS BOARD OF COUNTY COMMISSIONIERS WORK SESSION STAFF REPORT
and the issue died a quiet death. The resulting undesirable flooding in the Naneum
watershed and clogging of creek tributaries now brings a new issue for consideration:
water supply. While the Flood Control Zone District mission does not include ensuring
water to water right holders, some could argue maintenance is a stated objective of the
District. Any action to remove streambed materials will likely be seen by the community
as the District's obligation. If the Board elects to take action removing streambed
materials, it should do so recognizing the current dilemma faced by our WDFW partners.
While we have the skill and ability to minimally adversely impact stream channels,
unpermitted water right holders are expected to have less skill and may be less sensitive
to habitat issues. Imbedding our Planner III with maintenance forces could provide a
level of confidence to WDFW that the dredging operation will be properly managed.
Should the Board elect to proceed with maintenance activities, it would be unwise to do
so if WDFW would likely seek future mitigations as a result of our cooperation. The cost
of three days of streambed dredging will likely approach $15,000. Adding mitigation
costs to this total is not acceptable to the District.
Deliberate actions should be made setting expectations of future actions taken by the
County at the split. An effort gathering local water right holders is encouraged. Our
partners should join District staff setting expectations for future maintenance operations.
We should clearly state that we take any action responding to this season's extraordinary
flooding event in the upper Naneum watershed..
A consequence of electing to remove streambed debris from the split results in
approximately six miles of Vantage Highway that will not get chip sealed this year. Chip
seal operations are slated to begin 07-05-2017. Removing resources from maintenance
next week ensures insufficient workforce to complete necessary pre -level operations
ahead of chip seal at Vantage Highway.
FISCAL IMPACTS:
Three days of streambed debris removal is estimated to cost approximately $15,000.
Associated 2017 maintenance savings resulting from eliminating approximately six miles
of chip seal from Vantage Highway.
ATTACHMENTS:
Exhibit 1: 2016 BOCC Briefing
Exhibit 2: Department of Fish and Wildlife redline copy
Page 2 of 4
PUBLIC WORKS BOARD OF COUNTY CONLMISSIONERS WORK SESSION STAFF REPORT
EXHIBIT 1:
Page 3 of 4
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: December '12, 2016
TOPIC: Wilson/Naneum Split
ACTION REQUESTED: Provide Staff Direction
LEAD STAFF: Mark R. Cook
RECOMMENDATION:
Support efforts removing accumulated streambed from Wilson Creek
BACKGROUND:
Recently, staff has been approached by City of Ellensburg staff' regarding
accumulated streambed gravel in the Wilson leg of the Wilson/Nanuem split flow
control structure. Significant debris has accumulated adjusting streambed profile
by approximately three feet in elevation. It is unclear as to how irrigation
operation has proceeded in the past, but current operations appear to be
insufficient allowing natural scour of the Wilson channel. It is assumed that
current irrigation practices do not adequately consider impacts to both stream
systems.
Staff has received title insurance information for both properties associated with
the flow control structure splitting Wilson and Naneum Creeks. The easterly
property records an easement for access to repair and maintain the dike and
structure and for "emergency purposes".
DISCUSSION:
While we have verified our right of entry and the ability to conduct maintenance
and actions supporting "emergency purposes" — our obligation to perform these
actions remains unclear. Electronic searches of Public Works records do not
inform us of any recorded memorandums of understanding or other agreements
stipulating our obligations. Management of the flow control structure remains
private — supporting downstream property owner water rights.
Dredging of the Wilson Creek streambed is required to avoid significant
increases to Naneum Creek flow. Once flow control (boards) is removed from
the Naneum Creek structure, the aggraded Wilson channel will likely see minimal
flow. Allowing the bulk of combined flows into Naneum Creek is expected to
adversely impact downstream residents. Our bridge at Bar 14 Road was
adversely impacted last year owing to aggraded streambed conditions in
Public Warks Study Session Briefing
-------
December12, 2016
Naneum Creek. Increased flow into Naneum will likely result in road closure at
our Bar 14 bridge.
Cooperating with the City of Ellensburg is consistent with regional management
of area natural resources. Our preference is to avoid being the Hydraulic Permit
applicant as the impacts are not a direct result of any action in our control. Risks
associated with channel mining at Wilson Creek are unknown at this time.
FISCAL IMPACTS:
Fiscal impacts at time are undefined. Cost sharing associated with channel
mining at Wilson minimizes adverse unbudgeted impacts to the Flood Control
Zone District.
ATTACHMENTS:
Exhibit 1: Easement Granting Access
Page 2 of 3
Public Works Study Session Briefing
December 12, 2016
EXHIBIT 1: EASEMENT GRANTING ACCESS
Page 3 of 3
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EXHIBIT 2:
Page 4 of 4
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE. June 24, 2017
TOPIC: Naneum Creek— Wilson Creek Split Structure
ACTION REQUESTED: Provide Staff Direction
LEAD STAFF:
Mark R. Cook
RECOA04E TDATION:
Staff has previously recommended no action.
BREIFING SUMMARY;
Spring runoff has produced wide spread damage in Naneum Creek watershed
t The diversion structure splitting creek flows is with
stop logs
% Splitting flows 50150 is difficult with the elevated streambed of Wilson Creek
Water Right
holders are
BACKGROUND:
In early December 2016, staff briefed the Board of County Commissioners (BOCC) on
issues surrounding the flow control structure on Naneum Creek (EXHIBIT 1). At that
time, the City of Ellensburg expressed interest in having the streambed in the vicinity of
the structure dredged anticipating potential increased flooding in spring of 2017.
Significant flooding has occurred in the Naneum watershed throughout this past spring.
One tributary of Nanuem Creek is now completely plugged with round rock and debris
making water delivery impossible. The flow control structure is now being
attemp to establish fifty percent (50°/6) flow delivery
to Wilson Creek. During the past week, numerous water right holders have been
gathering at the split discussing individual actions aimed at establishing flow delivery to
both stream systems.
Page 1 of 4
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
DISCUION:
Formatted: Highlight
Formatted: Highlight
In December 2016, staff supported a multi -agency approach to managing streambed
materials at the split. Staff was not successful in putting a multi -agency team together
and the issue died a quiet death. The resulting undesirable flooding in the Naneum
watershed and clogging of creek tributaries now brings a new issue for consideration:
water supply.
While the Flood Control Zone District mission does not include
ensuring water to water right holders,.
FmmatW: Highlight
Deliberate actions should be made setting expectations of future actions taken by the
County at the split. An effort gathering local water right holders is encouraged. Our
partners should join District staffsetting expectations for future maintenance operations.
We should clearly state that we take any action responding to this season's extraordinary
flooding event in the upper Naneum watershed.
Page 2 of 4
PUBLIC WORKS BOARD OF COUNTY COMMISSIOXERS WORK SESSION STAFF REPORT
A consequence of electing to remove streambed debris from the split results
in approximately six miles of Vantage Highway that will not get chip sealed this year.
Chip seal operations are slated to begin 07.05-2017. Removing resources from
maintenance next week ensures insufficient workforce to complete necessary pre -level
operations ahead of chip seal at Vantage Highway,
FISCAL IMPACTS:
Three days of streambed debris removal is estimated to cost approximately $15,000.
Associated 2017 maintenance savings resulting from eliminating approximately six miles
of chip seal from Vantage Highway.
ATTACHMENTS:
Exhibit 1: 2016 BOCC Briefing
Page 3 of 4
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
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