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HomeMy WebLinkAbout2017-12-12-minutes-solid-wasteK`]TTFS COMM M CON GvUSSMERS SoNd Waste, Maintenance, and Faorr Office Study Sessu®n Regular Meeting Tuesday December 12, 2017 e 2o00 Rh BOCC Conference Room 205 West 5th Room 108 - Ellensburg 1. Call to Order 2. Request BOCC Signature on Brad & Burke Agreement for heating unit at the Permit Center 3. Discuss 6th Street Vacation 4. Request BOCC Chair Signature on McKinstry Change Order 5. Bowling Alley Update 6. Shady Brook Update 7. Septage Lagoon Update 8. Transfer Station Siting Project Update 9. Gold Buckle Club Re -Roofing Project - Award only bid by resolution 10. 2018 Rate Updates 11. Discuss Re -uses of Rodeo Arena 12. General Updates 13. Executive Session - To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. 14. Other business 15. Adjourn Created on 12/14/2017 2:48:20 PM COMMISSIONERS' MINUTES KITTITAS COUNTY, WASHINGTON BOCC CONFERENCE ROOM REGULAR MEETING Tuesday 2:00 PM December 12, 2017 Board members present: Paul Jewell, Laura Osiadacz, Obie O'Brien in at 2:38pm Others: Patti Johnson, Lisa Lawrence, Jill Scheffer and a member of the public, Neil Caulkins in at 2:15pm. REGULAR MEETING COMMISSIONERS Meeting called to order at 2:00pm Patti Johnson presented the Board with and requested BOCC signature on a Professional Service Agreement between Kittitas County and Brad and Burke for installation of a heating unit at the Permit Center. Patti informed the Board that only two bids were received and that Brad and Burke was less than McKinstry. Discussion was held on the specs of the Lennox roof top unit and that the contractor would dispose of the old unit. Commissioner Osiadacz made a motion to approve BOCC signature, Commissioner Jewell seconded the motion. Motion passed 2-0. Discussion was held on vacating 6th Street from Main Street to Water Street. Patti was directed to hold on this for now. Patti requested Chairs signature on a Change order finalizing paperwork with Mckinstry. Commissioner Osiadacz moved to approve change order with Mckinstry, Commissioner Jewell seconded the motion. Motion passed 2-0. Patti informed the Board that the Bowling Alley Roof project was on a fog frost hold. Stating that the Contractor can't do the domed portion but should start the flat portion on Monday. Patti informed the Board that the Contractor for the Shady Brook Project applied for the necessary demolition permits two weeks ago. Stating that there have been issues with permitting agencies, sewer, utilities, rodent abatement etc. A brief discussion was held on old buildings, rats and rats at the Event Center. Discussion was held on giving notice to the residents once a start date is known. Patti informed the Board that she is working diligently on options for the Septage Lagoon screens including new screen recommendations and/or alterations to existing screens. Patti informed the Board the Consultant is almost finished with the analysis of the Transfer Station Siting Project and they should see a press release soon. Jill Scheffer presented and requested Board signature on a Professional Service agreement between Kittitas County and Schademan Construction in the amount of $15,094 for re-roofing the Gold Buckle Club. Commissioner Osiadacz moved to approve the PSA. Commissioner Jewell seconded the motion. Motion passed 2-0. Discussion was held on the Kittitas Valley Event Center Rental and Use Rates for 2018. Discussion included square footage comparable and Reed Park Closure for certain events as a possible amenity. Further discussion was held on labor rates, call back time adding the commercial kitchen, on call meeting rooms and reducing the rate of shavings from 10.00 to $6.50. The Board directed Jill to look at a 5% increase across the board with 2% being set aside for capital and maintenance of the facility. Discussion was held on not raising the rental rates for the stages for another year. Discussion was held on renting the rodeo arena for non- equestrian related events. Further discussion included the importance of generating revenue, ownership and operation costs. The Board stated that they are supportive of other uses. Jill informed the Board that staff fixed the PA system and that all staff will be trained on how it works. Jill informed the Board that Comic con from will be held at the Event Center in 2018, they are moving from the Sun Dome. Discussion was held on the Wayfinding Plan, Tier 1 destinations and the signs throughout the County for the KVEC/Fairgrounds including a main entrance sign for the Event Center. Jill informed the Board that in 2019 the Cascade Cow Cutters would like to switch a week end in May and add an additional week end in June which is the same week end as the Fly fishers in May and the Sheep/Swine weigh-in June. Discussion was held on revenue opportunities and different locations at the facility that could be used for Sheep/Swine weigh-in. At 3:05 Commissioner Jewell stated the Board would enter into a 10 minute Executive Session - To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. Meeting reconvened at 3:15 and was adjourned. Lisa Lawrence KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Chairman October 27, 2017 PROJECT HVAC Upgrade Jail TO CONTRACTOR McKinstry Essention, LLC 5005 3'J Ave S. Seattle, WA 98134 Kittitas County Solid Waste Programs And Maintenance Project Management Office 925 Industrial Way, Ellensburg, WA 98926 Telephone: (509) 962-7542 Fax: (509) 962-7087 CHANGE ORDER INTO.: 001 THE CONTRACT IS CHANGED AS FOLLOWS: The original Contract Sum was Domestic Hot Water Heater replacement (see attached detail) Replace Glycol (see attached detail) The New Contract Sum including this Change Order will be NOT VALID UNTIL SIGNED BY THE CONTRACTOR AND OWNER. a ounty Br � rgnaruny Prier \iwic (a-(�a-.(a� t �— Dnre S 1,247,495.00 S 41,913.00 S 5.940.00 S 1 295,348.00 McKinstry Essention, LLC ,'-4r nunu J Print .Vane Darr KOTTITA5 "GALLEY e PROFESSIONAL SERVICES AGREEMENT This Agreement is made by and between Kittitas County (hereinafter "the County") and Schademan Construction (hereinafter "Contractor"). The County and Contractor agree as follows: General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation); Exhibit C (Proof of Insurance). copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein. The term of this Agreement shall commence once signed by both parties, and continue until completion of the project. Any party may terminate this Agreement by giving thirty (30) days notice in writing either personally delivered or mailed postage -prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. Contractor acknowledges and by signing this Agreement agrees that the Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes), 15 (Defense and Indemnity Agreement), 21 (Patent/Copyright Infringement) and 24 (Confidentiality), are totally and fully part of this Agreement and have been mutually negotiated by the parties. Professional Services Agreement Page 1 IN WITNESS WHEREOF, the parties have executed this Agreement this of , 2017. Signature of Signatory (Date ) Print Name of Signatory Contractor Address: Project Contact: Professional Services Agreement Page 2 APPROVED: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Obie O'Brien, Chairman Paul Jewell, Vice -Chairman Laura Osiadacz, Commissioner Attest: Clerk of the Board Approved as to Form: By: Deputy Prosecuting Attorney County's Address: Kittitas County 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926 Project Contact: Jill Scheffer, Event Center Director day GENERAL CONDITIONS 1. Scope of Contractor's Services: Contractor agrees to provide to the County services and any materials set forth in the project narrative identified in Exhibit "A" during the Agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. 2. Performance of Work: Contractor shall perform work in accordance with, and shall comply with, all of the provisions of this Agreement. All work shall comply with applicable codes and ordinances. 3. Schedule of Performance: Unless directed otherwise by the County, Contractor shall perform the work in accordance with any schedules made a part of this Agreement. 4. Definitions: 4.1 "Additional Insured's" means the County, its successors and assigns, and the respective directors, officers, employees, agents and representatives of the County and its successors and assigns. 4.2 "Support" means the following: Contractor's directors, officers, employees, agents and representatives; and sub -Contractors of any tier; the respective directors, officers, employees, agents and representatives of these sub - Contractors of any tier; and any other person or entity acting under the direction or control of, or on behalf of, Contractor or any Contractor's sub - Contractors of any tier in connection with or incident to the performance of the Work or this Agreement. 4.3 The "Work" means all of the duties listed in Exhibit A and the performance of all other obligations, under this Agreement by Contractor or its Support. 5. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be based upon billings, supported unless otherwise provided in Exhibit "B", by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit "B" or approved in writing in advance by the Kittitas County Board of Commissioners, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in performance of this Agreement. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, through the County voucher system, for the Contractor's service pursuant to the fee schedule set forth in Exhibit "B". Professional Services Agreement Page 3 6. Assignment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 7. Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent Contractor and nothing herein contained shall be construed to create a relationship of employer-employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. Contractor will defend, indemnify and hold harmless the County, its Additional Insured's, officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 8. No Guarantee of Employment: The performance of all or part of this Agreement by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any sub -Contractor or any employee of any sub -Contractor by the County at the present time or in the future. 9. Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to make withholding for any taxes other than income taxes (i.e. Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net Professional Services Agreement Page 4 income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 10. Regulations and Requirement: This Agreement shall be subject to all laws, rules and regulations of the United States of America, and State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth herein or in the attached exhibits. 11. Right to Review: This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 6 years after contract termination, and shall make them available for such review, within Kittitas County, State of Washington, upon request. 12. Modifications: 12.1 Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 12.2 The County may, at any time, by written notice thereof to Contractor ("Change Notice") makes changes in the Work within the general scope of this Agreement, including, but not limited to: (a) changes in, revisions to, substitutions for, additions to or deletions of any Work; (b) changes in schedule; and (c) acceleration, deceleration or suspension of performance of any Work. 12.3 If any change in the Work causes an increase or decrease on Contractor's cost of, or the time required for, performance of the Work, an equitable adjustment in the compensation to Contractor and in the schedule for the performance of the Work shall be made to reflect such an increase or decrease. 12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Contractor must, within thirty (30) days after receipt of any Change Notice that does not set forth any acceptable adjustment, submit to the County a written statement setting forth any adjustment claimed. Professional Services Agreement Page 5 12.5 If any change results in a decrease in the Work performed, Contractor shall be entitled to compensation associated with changing the Work, such as revising design already completed, revising calculations already performed, and revising documents. 13. Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. If the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the best interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. In the event of such termination, an equitable adjustment shall be made in the compensation payable to Contractor. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. 15. Defense & Indemnity Agreement: The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional Insured's, appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its Additional Insured's, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, Professional Services Agreement Page 6 sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its sub -Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional Insured's, appointed or elected officials, agents, or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to claims against the County, its Additional Insured's, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 17. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 18. Withholding Payment: In the event the Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated. 19. Future Non -Allocation of Funds: If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies. 20. Contractor Commitments Warranties and Representations: The Contractor represents and warrants to the County as follows: 20.1 The Contractor is duly incorporated, validly existing and in good standing under the laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement. 20.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the Professional Services Agreement Page 7 obligations of the Contractor under this Agreement in accordance with its terms. 20.3 This Agreement has been validly executed by an authorized representative of the Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. 20.4 The Contractor has or will obtain prior to the commencement date such licenses, permits and other authorizations from federal, state and other governmental authorities, as are necessary for the performance of its obligations under this Agreement. 20.5 The Contractor is not in violation of any applicable law, ordinance or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. The Contractor is not subject to any order or judgment of any court, tribunal or governmental agency which materially and adversely affects its operations or assets in the State of Washington, or its ability to perform its obligations under this Agreement. 20.6 None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedules furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obligations contemplated under this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. 21. Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County; to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: 21.1 Contractor shall be notified promptly in writing by County of any notice of such claim. 21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County. 22. Disputes: 22.1 General Differences between the Contractor and the County, arising under and by virtue of the Agreement Documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are Professional Services Agreement Page 8 made of record in the manner hereinafter specified and within the time limits stated, the records, orders, instructions, and decisions of the Kittitas County Commissioners shall be final and conclusive. 22.2 Notice of Potential Claims The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 22.3. Detailed Claim The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the completion of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed to be due. 23. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or sub -Contractors, in connection with performance of this Agreement shall be the sole and absolute property of the County. 24. Confidentiality: The Contractor, its employees, sub -Contractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceedings seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its Additional Insured's, officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. Professional Services Agreement Page 9 To the extent that any information obtained by the Contractor is required to be shared with or provided to others by the terms of the Statement of the Work, this provision is not breached by such acts. 25. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the department head of the department for whom services are rendered, and to the Kittitas County Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 26. Severabilitv: If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 27. Miscellaneous: 27.1 The County's failure or delay to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same shall be and remain in full force and effect. 27.2 This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior agreements, regarding the Work. No change, amendment or modification of any provisions of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. 27.3 The rights and remedies of the County set forth in any provision of this Agreement are in addition to and do not in any way limit any other rights of remedies afforded to the County by any other provisions of this Agreement, by any of Contractor's Support or by law. 27.4 The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 28. Waiver: Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be Professional Services Agreement Page 10 waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 29. Survival: The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 28, 30, and 31, 32 shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 30. Nondiscrimination: 30.1 The County is an equal opportunity employer. 30.2 Nondiscrimination in Employment In the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscrimination in Services The Contractor will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. 30.4 If any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination. The Contractor shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. Professional Services Agreement Page 11 31. Prevailinq Wage: Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Department of Labor and Industries. The schedule of prevailing wages rates for the locality or localities of the Work is determined by the Industrial Statistician of the Department of Labor and Industries. It is the Contractor's responsibility to verify the applicable prevailing wage rate. It is understood that the Contractor is responsible for obtaining and completing all required government forms and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and Industries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060. 32. Debarment Certification: The Contractor certifies that it: 32.1 Is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. 32.2 Has not within a three-year period preceding the execution of this contract with Kittitas County, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice. 32.3 Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 32.2 of this section. 32.4 Has not within a three-year period preceding the preceding the execution of this contract with Kittitas County had one or more public transactions (Federal, State, or local) terminated for cause of default. Professional Services Agreement Page 12 EXHIBIT "A" SCOPE OF WORK Contractor and County shall perform the work as detailed in the project bid dated December 2, 2017 which is attached hereto as Attachment 1 and incorporated by reference. The Contractor shall not deviate from the work detailed in the project bid without a written change order approved in writing by the Event Center Director. Professional Services Agreement Page 13 EXHIBIT "B" COMPENSATION As full compensation for satisfactory performance of the work, the County shall pay Contractor compensation not to exceed $15,094.00 USD [Fifteen thousand and ninety four dollars and no cents] to be invoiced to Kittitas County Event Center for actual expenses incurred. Invoices shall include appropriate document of all expenses. Unforeseen additional expenses shall require a written change order and must be approved in writing by the Event Center Director before such work commences. Professional Services Agreement Page 14 F:YHIRIT „Co. PROOF OF INSURANCE The Contractor shall secure and maintain in effect at all times during performance of the Work such insurance as will protect Contractor, its Support and the Additional Insured's from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the work or this Agreement, whether such performance is by Contractor or any of its Support. All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by the County. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. The Contractor shall provide proof of insurance for: 1) Commercial General Liability Insurance. 13 Coverage limits not less than: o $1,000,000 per occurrence per project o $2,000,000 general aggregate o $1,000,000 products & completed operations aggregate © $1,000,000 personal and advertising injury, each offense 13 Certificate Holder — Kittitas County 13 The Certificate must name the County as additional insured. as defined in the Agreement 13 Sixty (60) days written notice to the County of cancellation of the insurance policy. 2) Stop Gap/Employers Liability. ® Coverage limits not less than: ® $1,000,000 each accident ® $1,000,000 disease — policy limit ® $1,000,000 disease — each employee ® Thirty (30) days written notice to the County of cancellation of the insurance policy. 3) Commercial Automobile Liability Insurance. ® Automobile Liability for owned, non -owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9946 endorsement attached if `pollutants' are to be transported. Professional Services Agreement Page 15 ■ Coverage limits not less than: • $1,000,000 combined single limit ■ Thirty (30) days written notice to the County of cancellation of the insurance policy. 4) Excess or Umbrella Liability. ■ The Contractor shall provide Excess or Umbrella Liability coverage at limits of $5,000,000 per occurrence and annual aggregate. This Excess or Umbrella Liability coverage shall apply, at a minimum, to both the Commercial General and Auto Insurance policy coverage. ■ This requirement may be satisfied instead through the Contractor's primary Commercial General and Automobile Liability coverage, or any combination thereof. 5) Workers' Compensation. ■ Workers' Compensation in amounts required by law. 6) Pollution Liability. ■ The Contractor shall provide a Pollution Liability policy, providing coverage for claims involving bodily injury, property damage (including loss of use of tangible property that has not been physically injured), cleanup costs, remediation, disposal or other handling of pollutants, including costs and expenses incurred in the investigation, defense, or settlement of claims arising out of: • Contractor's operations related to this project; and/or • Remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos; and/or • Transportation of hazardous materials away from any site related to this project ■ Such Pollution Liability policy shall provide the following minimum coverage: • $2,000,000 each loss and • $5,000,000 annual aggregate Contractor shall furnish the County a Certificate of Insurance with Endorsement as evidence that policies providing insurance required by this Agreement are in full force and effect. Contractor hereby waives all rights of recourse, including any right to which another may be subrogated, against Kittitas County for personal injury, including death, and property damage. Contractor's insurance policies required above shall be primary insurance and shall be non-contributing with any other insurance maintained by Kittitas County. Professional Services Agreement Page 16 The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are obtained by subcontractors. NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with Endorsement, properly completed and in the amount required, is attached hereto. Professional Services Agreement Page 17 r �s - r ly S Serving the Kittircu Valley Since 1960 Kittitas County Event Center 512 North Poplar Street Ellensburg, WA 98926 Attention: Jill Scheffer Regarding: Re -roof the Gold Buckle Club Scope of Work: Date 12-2-2017 Remove and haul off the existing roofing, inspect for damaged roof sheathing and leaks. Install a new 40 year Pabco composition roof in a" Weather Wood, Premier Shingle " color (brown). Remove the small flat curb which had be built on the front covered porch roof. Install Snow and Ice Guards on the whole roof, as per the installation specifications of the product. We have included 4 sheets of plywood to replace damaged ones do to moisture from leaks. Install new metal flashings, bathroom vent and plumbing jacks. Prevailing wages for this scope of work are included. Re -roof permit is included. WSST tax is included. Total proposed bid price $ 15,094.00 This proposal excludes: - Additional cost of new roof sheathing and the install labor, if more than 4 are needed. Schadonstruction � Kelly SchadeYnan SCHADEMAN CONSTRUCTION • 2680 Vantage Highway • Ellensburg, Washington 98926 Phone: (509)925-5404 or (509)925-7799 • Fax: (509)925-5424 • Lic. No. SCHADCI184JB Rates Effective 1/1/18 Kittitas Valley Event Center Rental and Use Rates, Packages and Discounts Fee Schedule 2018 Event Center Rental Rates Rates are per Item/Room per day unless otherwise noted Labor Rates Labor/Clean Up (per employee per hour) $ 65.00 Motorized Equipment with Operator (per equipment per hour) $ 125.00 Armory Western Town Main Hall(Include Kitchen & BI AV) $ 500.00 VIP/Dance Hall $ 350.00 Conf A: Includes BI AV $ 100.00 Ticket office $ 75.00 Conf B $ 75.00 Shops 1-4 (Each) $ 75.00 Conf C $ 75.00 Shop 5 $ 50.00 PKGE: All 4 Rooms $ 675.00 Shop 6 Small Bar $ 75.00 PKGE: Hall + Conf A $ 550.00 Courtyard (with Rental of at least 1 Other wT Room) $ 200.00 PKGE: Hall + Conf B or C $ 525.00 All Space $ 625.00 Teanaway and Umtanum Halls Outdoor Spaces (no Non -Profit Discounts) Teanaway $ 600.00 Gazebo $ 75.00 Umtanum $ 600.00 Frontier Village $ 150.00 Kitchen $ 150.00 Yakima Indian Village $ 75.00 PKGE: Both Halls no Kitchen $ 1,100.00 Vendor Courtyard $ 200.00 PKGE: Both Halls w/Kitchen $ 1,200.00 Hunt Memorial Dog Arena $ 75.00 North Parking Lot $ 300.00 Grandstand Rooms N-1 Lot $ 50.00 Manastash Room $ 350.00 Heritage Center $ 200.00 Rodeo Arena Naneum Room $ 100.00 Rodeo Arena Inclusive Rate (pens, behind the chutes, concession stands - no non-profit discount) $ 1,000.00 Taneum Room $ 100.00 Rodeo Arena set up day (40% discount) $ 600.00 PKGE: All 4 Grandstand Rooms $ 675.00 Gold Buckle Club $ 300.00 Behind the Chutes $ 200.00 Bloom Pavilion West Concession Stand $ 100.00 Bloom Full Day $ 600.00 East Concession Stand $ 50.00 Bloom Hourly (2 -hour minimum) $ 45.00 Hourly Club Rate (clubs w/40 hours/year 3-5 hr rentals) $ 55.00 Historic Barns Camping Barn A - 72 Stalls $ 1,020.00 RV/Camper - Individual Rate $ 35.00 Barn B - 36 Stalls $ 510.00 RV/Camper - Group Rate $ 30.00 Barn C -16 Stalls $ 210.00 RV/Camper Winter (No Water) $ 20.00 PKGE: Bloom w/Barn A, B, and C $ 2,250.00 Dry Camping $ 17.00 Stalls - Overnight Individual Rate $ 20.00 Reed Park Closure (ticketed events only) $ 350.00 Stalls - Overnight Group Rate $ 15.00 Stalls -Tie/Day/Tack Use $ 10.00 Stock Pens $ 10.00 Page 1 of 3 Rates Effective 1/1/18 Kittitas Valley Event Center Rental and Use Rates, Packages and Discounts Fee Schedule Page 2 of 3 Historic Barns Used with No Animals Amenities/Equipment Rental Barn A - 72 Stalls $ 150.00 Benches (per event) $ 7.00 Barn B - 36 Stalls $ 100.00 Tables - Outdoor setup (per event) $ 6.00 Barn C - 16 Stalls $ 75.00 Chairs - Outdoor setup (per event) $ 1.00 Steam/Salad Bar (Rolling) Manastash and Teanaway rooms only $ 30.00 Winter Stabling (October - March) Steam Buffet Server (Table top) $ 20.00 Stabling First Stall - Full Month (includes Haul -in Pass) $ 210.00 Refrigerated Sandwich Station $ 30.00 Stabling - Half Month (After the 15th of the Month - Includes Haul -in Pass) $ 120.00 Portable Bar $ 25.00 Additional Stall - Per Month $ 150.00 Portable Stage w rails $ 30.00 Tack Stall - Per Month $ 20.00 Stage Risers (4'x8') $ 10.00 Damage Deposit - Per Stall $ 75.00 Small Frame Tents (10'x20') $ 50.00 Key Deposit - Per Set $ 20.00 Large Frame Tent (30'x60') off site $ 1,500.00 Large Frame Tent (30'x60') on-site $ 750.00 Haul -in Pass (October - March) Information Booth $ 50.00 Full Month $ 60.00 Bleachers $ 30.00 Half Month $ 30.00 Large Coke Stage (client must provide Transportation) $ 450.00 Large Coke Stage Kittitas county Municipaility rate (Client must provide Transportation) $ 250.00 On -Call Meeting Rooms (2 -hour max use) No contract or advance registration required -subject to availability Small Coke Stage(30 one-way mile limit with $5 per Mile beyond 30) $ 350.00 Armory Room A - 24 conference/50 theatre (AV included) $ 50.00 Dressing Room Trailer $ 75.00 Armory Room B - 18 conference/40 theatre (no AV) $ 35.00 Portable Ticket Booth $ 50.00 Armory Room C - 15 conference/35 theatre (no AV) $ 25.00 Bagged Shavings $ 6.50 Pipe and Drape booth $ 30.00 Pipe and Drape per foot $ 2.50 Discounts Audio Visual Equipment Non -Profit Rate 20% Power Board/Mulitiplier $ 50.00 Set -Up Day Discount 40% Data Projector $ 50.00 Portable PA System - Small $ 50.00 Commercial Kitchen Rental 6 hour block rentals - M -Thur only $ 100.00 Portable PA System - Large $ 75.00 Portable Lighting System 50 Availability is subject to change - 7am- 2pm; 4pm-10pm; 12am-6am Page 2 of 3 m m O o N N m to 0) E 0 C m E MWEEMMM M....., L oo CD CD 0 0F, cl p O 5 d O `l -OO a m 0 z IL y m Ga ~ LL O N am.. 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