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Home My WebLink AboutRes-2021-055BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2021 - O !:€-t AUTHORIZING THE CHAIRMAN'S SIGNATURE ON AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COINTY AND WASHINGTON STATE PARKS FOR GINKGO STATE PARI( PARKING LOT IMPROVEMENTS WHEREAS: The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington ("RCW"), provides for public agencies to enter into agreements for joint or cooperative action authorized under that chapter; and WHEREAS: Kittitas County is constructing roadway improvements to Vantage Highway during 2021; and WHEREAS: Public Works anticipates possible impacts to the existing entrance to the parking lot at Ginkgo State Park; and WHEREAS: State Parks desires having Public Works design and administer improvements to the existing parking lot at Ginkgo State Park in conjunction with the County's Vantage Highway project; and WHEREAS: Public Works has the capacity to assist State Parks and State Parks has sufficient funding for designing and constructing the desired parking lot improvements at Ginkgo State Park; NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Chairman's signature on an Interlocal Agreement between Kittitas County and Washington State Parks designing and managing construction improvements to the parking lot at Ginkgo State Park. DATED this fth day of April2l2l, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS WASHINGTON Chairman ABSENT of the Board- Julie Kjorsvik Laura Osiadacz, Vice-Chairman I Deputy Clerk of the Board- Mandy Buchholz^Y}LL Commissioner State Parks lA 92I-387 INTBRLOCAL AGREEMENT BETWEEN KITTITAS COUNTY DEPARTMENT OF'PUBLIC WORKS AND WASHINGTON STATE PARKS FOR THE DESIGN AND CONSTRUCTION OF A PARKING LOT AT GINKGO STATE PARK This Interlocal Agreement is made and enrered into this-''1*0", "f (M'liJ\,2021, by and between Kittitas County (hereinafter the "COUNTY") and Washington State Parks (hereinafter the "STATE PARKS"). RECITALS WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington ("RCW'), provides for public agencies to enter into agreements for jointor cooperative action authorized underthat chapter; and WHEREAS, Kittitas County and Washington State Parks are public agencies within the meaning of chapter 39.34 RCW; and WHEREAS, Kittitas County is improving Vantage Highway summer of 2021from mile post 21.25 to milepost 27.51 and will be impacting the parking lot at Ginkgo State Park; and WHEREAS, Kittitas County has the expertise and experience designing parking Iot improvements and is offering to design improvements at Ginkgo State Park in conjunction with 2021 Vantage Highway improvements; and WHEREAS, State Parks desires utilizing the County's design expertise and has sufficient funding supporting the design ofparking lot improvements to Ginkgo State Park; and WHEREAS, State Parks desires having the County administer the construction parking lot improvements and has sufficient funding for construction and project administration; NOW THEREFORE, it is agreed as follows: TERMS 1' Legal Basis. This Agreement is entered into pursuant to Chapter 39.34 (the Interlocal Cooperation Act). 2. Purpose. The purpose of this agreement is for the COUNTY and STATE PARKS to work cooperatively to perform the Scope of Work identified in Exhibit A and for the COUNTY to provide design and construction services to STATE PARKS for the completion of the tasks identified in Exhibit A along with the fee estimate for service identified in Exhibit B. It is anticipated that STATE PARKS willaccept the final bid ready plans and specifications upon satisfaction that the Scope of Work has been Interlocal Agreement between State Parks and Kittitas County Public Works for Cingko State park Parking Lot Improvements completed and authorize construction of parking lot improvements administered by the County. 3- Term of Agreement. The terrn of this Agreement shall be from its effective date through December 31,2021or as otherwise agreed to by the parties as provided in Section 14 orterminated as provided in Section 16. 4. Payment. Payment shall be made on a reimbursable basis for costs incurred by the COUNTY to complete the scope of work identified in Exhibit A (Ginko State park Parking Lot Improvements design and construction management. Payment for satisfactory performance shall not exceed $130,411.00 unless the parties mutually agree in writing to ahigher amount. 5. BiIIing Procedure. The COUNTY shall submit invoices monthly. Invoices are to be sent to: srATE PARKS (c/o Mr. Brian Paurode,27} 9th street NE, suite 200, East Wenatchee, WA 98802) andwill be paid within thirty (30) days of receipt by STATE PARKS. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within thirty (30) days after the expiration date ortermination of the Agreement, whichever is earlier. 6. Contract Management. The Agreement Administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance ofthis Agreement. The Agreement Administrator for STATE PARKS is Mr. Brian Patnode,270 9ft Street NE, Suite 200, East Wenatchee, WA 98802. The Agreement Administrator for the COUNTY is: Josh Fredrickson, PE, 41 1 North Ruby Street, Suite 1, Ellensburg, WA 98926. Telephone: 509-962-7523. 7. Maintenance of Record. Each party hereto agrces to maintain books, records and documents using accounting procedures which accurately reflect all direct and indirect costs related to the performance of services described herein. Each party may examine the other party's books and records to verify the accuracy of invoices. Each party's fiscal management system shall include the capability to provide accurate and complete disclosure of all costs invoiced under this Agreement. All books, records, documents and other materials relevant to this agreement will be retained for six years after expiration of the Agreement, and the Office ofthe State Auditor and any persons duly authoriz-edby the parties shall have full access and the right to examine any of these materials during this period. Each party will utilize reasonable security procedures and protections to Interlosal Agreement between State Parks and Kittitas County Public Works for Gingko State Park Parking Lot Improvements assure that records and documents provided by the other party are not erroneously disclosed to third parries. 8. Indemnification. Each parfy agrees to be responsible and assume liability for its own ranongful and./or negligent acts or omissions, or those of its officers, agents or employees to the fullest extent provided by the lag and further agrees to save, indemnify, defend and hold harmless the otherparty from any and such liability arising out of the performance ofthis Agreement" In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of the negligence affiibutable to each parly. This indemnification paragraph shall survive the termination ofthis Agreement. 9. Assignment. This Agreement cannot be assigned, transferred or any portion subcontracted by either party hereto without the prior written consent of the other pany, which consent shall not be reasonably withheld. 10. Future Support Neither parly to this Agreement makes any commitment to future support and assumes no obligation for future support of any activity contracted for herein, except as may be expressly set forth in this Agreement. 11. Compliance with Laws. Each party hereto, in its performance of this Agreement, agrees to comply with all applicable local, state and Federal laws and ordinances. 12. Relationship of the Parties. In the performance of the work herein contemplated (Exhibit A), the paay performing the work is an independent contractor with the authority to control and direct the performance of the details of the work; however, the work contemplated herein shall be subject to the general rights of inspection and review ofthe party requesting the work be done, to secure the satisfactory completion thereof. 13. Jurisdiction. Any legal dispute between the parties to this Agreement shall be governed by the laws of the State of Washington, and any action to enforce this Agreement shall be brought in Kittitas County, Washington. 14. Modification. The provisions of this Agreement may be modified or amended only by written mutual agreement of the parties, executed by personnel authorized to bind each of the parties. 15. Waiver. A failure by either pafly to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing Interlocal Agreement between State Parks and Kittitas County Public Works for Gingko State park Parking Lot Improvements signed by an authorized representative of the party and attached to the original Agreement. 16. Termination. This Agreement shall remain in full force and effect until terminated on December 31,2021, by mutual written agreement ofthe parties, or by written notice of termination given by one party to the other at least thirly (30) days prior to the date of such termination; or upon final acceptance of Exhibit A deliverables by STATE PARKS 17. Agreement Not for Benefit of Third Parties. This Agreement is entered.into solely for the benefit of the parties hereto and vests no rights in, or is it enforceable by, any third parties- 18. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable- 19. Filing. This Agreement shall be filed with the Kittitas County Auditor, or, alternatively, listed by subject on each or either party's website or other electronically retrievable public source pursuant to Revised Code of Washington 39.34.040. IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed as of the date first written above. WASHINGTON ST,A.TE PARKS KITTITAS COUNTY AT1c5q6p'1ir {n Michael Maverich Contracts Manager\ lt izoLt Brett Chairman Attest: Approved as to Form Interlocal Agreement between State Parks and Kittitas County Public Works for Gingko State Park Parking l,ot Improvements AfiorneyProsecutingCounty EXFIIBIT A Scope of Work Ginkgo Slate Patk Parkirig Lot Improven.rents Interlocal Agreement between State Parks and Kittitas County Public Works for Cingko State park Parking Lot Improvements I<ITTITA.S (C(OI'NTTY DEPARTMENT OF PUBLIC WORKS Mark R. Cook, PE Director EXHIBIT A SCOPE OF WORK Ginkso State Park Parkine Lot Improvement Vantage Highway Milepost 25.75 Washington State Parks (STATE) desires to make improvements to their parking lot serving Ginkgo State Park adjacent to Vantage Highway. The parking lot is located at approximate milepost 25.75 on the nor-th side of Vantage Highway, The parking lot is currently gravel with one access at the eastern side, a solar powered charging station and pit toilet are also on the site. The project is to be completed in two phases. Phase I includes engineering and design of the parking lot improvement. Phase II is construction support of said improvements. Phase II will be authorized by Washington State Parks providing work can be completed by June 30,2021. Kittitas County Public Works (KCPW), shall provide professional services to the Washington State Parks for the Cinkgo State Park Parking Lot Improvement project (PROJECT) as outlined in the Work Task descriptions below. The following general provisions/assumptions have been made: A. Work conducted will meet STATE design standards. B. It is anticipated that one (l) bid package including plans and estimate will be prepared for all elements of the PROJECT. C. Specifications for construction will use Washington Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction 2021. D. Project specific specifications are not anticipated. E. All necessary permits will be obtained by STATE F. The STATE shall pay all fees for permitting, advertising or other associated fees necessary for the PROJECT. G. No federal funds shall be used in design or construction of the PROJECT. H. All calculations, analyses, design, plans, specificationso and other project work will be prepared in English units. The use of metric units for any aspect of the work will not be required. I. It is understood and agreed that tasks may be added or deleted from the scope of services by mutual agreement between the STATE and KCPW. J. Construction is to be completed by KCPW. Kittitas County Public Works agrees to perform the following services: ENGINEERING DESIGN. PLANS. ESTIMATE AND CONSTRUCTION SUPPOBT 411 N. Ruby St, Suite #1 Ellensburg, WA 98926 TEL FAX (50e) (50e) 962-7523 962-7663 Dept. of Public Worke Page2 1. Provide complete project management necessary to deliver the PRO.IECT within mutually agreed expectations, including plogress reports, schedule updates, and invoice preparation. 2. Attend meetings with the STATE regarding technical aspects of the work. It is anticipated up to two (2) meetings may be held at mutually agreed location. 3. Perform field visit necessary to confirm aspects of the design. 4. Submit preliminary plans, design assumptions and cost ostimate, 5. Based on approved preliminary plans and estimate, frnalize, subrnit and review 90% plans and estimate with the STATE. 6. Based on approved 90% plans and attached cost estimate, finalize, and submit 100% plans and cost estirnate to the STATE, '1. Perfonn in-house quality control and assurance review, 8. Furnish electronic copies of the final plans and estimate in .pdf format. 9. Prepare and submit Engineer's Opinion of Cost. Deliverables: PHASE I - Preliminary plans and cost estimate Plans, cost estimate at90o/o and Final completion Electronic copies of final plans and estimate in .pdf fonnat PHASE II _ Based on availability of KCPW resources, Equipment, material, and labor to construct improvements outlined on the design documents. Construction managernent ApPTTToNAL SERVTCES For services not included in the Scope of Work, the STATE may request KCPW complete additional services, as mutually agreed, at the rates in affect at the time of service. TIMB OF PERFORMANCE: ENGINEERING DESIGN. PLANS. ESTIMATE. AND BIDDING PHASE I - All work described in the Scope of Services above shall begin upon authorization to proceed and be completed no later than April 23,2021. PHASE II _ At the request of the STATE, construction work is to be complete by June 30,2021 FEE FOR SERVICES: For the services furnished by KCPW as described above, STATE agrees to pay KCPW the fees as set forth herein. The maximum amount listed below may be revised only by written agrcement of both pafiies. 4'll N. Ruby St, Suite #1 Ellensburg, WA 98926 TEL (50e) 962-7523FAX (509) 962-7663 Dept. of Public Works Page 3 ENqINEERING DESIGN. PLANS. ESTIMATE AND CONSTRUCTION PHASE I - All work described in the Scope of Services above shall be performed on an hourly basis for the maximum amount of $10,996.00 (see attached fee summary). PHASE II - Construction work described on the design plans shall be performed on a lump sum basis for the tnaximum arnount of $ I 19,855 (see attached fee surnmary). 4'11 N. 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