HomeMy WebLinkAboutPK11-261 - Original - WA State Recreation & Conservation Office (RCO) - Grant #91-262D: Lake Meridian Boat Launch - 11/20/1990 16
V ^�, 40
e
�3
- J
� O n
+� m '
L
+-r E i
2 J Y - Q o
u
iL
k
- r
^� a
tea..
bry
Ili
g y wm
f' a
i
a+
AGREEMENT FOR PROJECT GRANT FROM OUTDOOR RECREATION ACCOUNT
Project Title Lake Meridian Boat Launch
Project Number 91-262D
THIS AGREEMENT is entered into by and between the WASHINGTON STATE
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION (IAC) , acting through its
Director and King County
a governmental entity eligible to
receive funding as described below Pu Agency) . The Director of the
IAC shall be known hereinafter as the 'Director. "
GENERAL PROVISIONS
1 . Puroose of Agreement.
The purpose of this Agreement is to set out the terms and conditions
under which the monetary grant set out below is made from the Outdoor
Recreation Account of the General Fund of the State of Washington under the
provisions and requirements of RCW 43.99.080 by the IAC to the Public Agency,
in aid of an outdoor recreation project (the "project") of the Public Agency.
2. Term of Agreement.
This Agreement shall be effective upon November 20, 1990
and shall terminate only upon mutual agreement o the parties, except as
may be otherwise provided elsewhere in this Agreement.
3. Performance by Public Agency.
(A) The Public Agency shall develop and complete the project as it
is described in section 4 below, in the Public Agency's application, and
in accordance with the Public Agency' s proposed goals and objectives described
in the application or documents submitted with the application, all as finally
approved by the IAC. That application is incorporated herein by this
reference as if fully set forth for the purposes of determining the project
description and project goals and objectives.
(B) No expenditure made, or obligation incurred, by the Public Agency
prior to the effective date of this Agreement shall be eligible for grant
funds, in whole or in part, unless specifically approved by the IAC or the
Director. The amounts set out in section 5 below shall be reduced as
necessary to exclude any such expenditure from participation.
The project shall be completed no later than December 31, 1992
No expenditure made, or obligation incurred, fo owing this completion date
shall be eligible, in whole or in part, for grant funds hereunder. In
addition to any remedy the IAC may have under this Agreement, the amounts
Set ^�� sartinn— halos red-cad to eawlude any such AxpenAittire
from participation.
- 1 -
(C) Time of project performance by the Public Agency is of the essence
of this Agreement. Failure to timely complete the project as set out in
subsection 6 above is a material breach of the Agreement.
4. Description of Project.
The Project of the Public Agency which is the subject of this Agreement
is described in summary as follows:
This project involves the development of a single lane boat launch
as a part of King County's Phase II renovation and expansion of Lake
Meridian Park, east of Kent. Specific items related to the launch
construction to be completed include:
x.r%0y_� \-Site preparation VDemolitioh
Landscaping Signs
Beach access \/ Utilities
v Roads and paths vParking (10 double stalls)
v Boat launch (single lane) V Beach sand
Design and engineering \/Tax
Please Note: All plans and specifications must be reviewed
by IAC prior to construction.
The project is described more fully in the application by the Public
Agency to the IAC for grant-in-aid assistance. That application was initially
submitted to the IAC by the Public Agency on July 1 , 1990 ,
and was approved by the IAC on November 8, 1990
5. Project Funding,
(A) The total cost of the project for the purposes of this Agreement
is 206,188 Dollars; PROVIDED That, if the total cost cf the
project linen completed, or wnen this Agreement is terminated, is actually
less, that actual cost shall be substituted herein.
(B) The value of the contributions by the Public Agency to the Project
shall be 103,094 Dollars, or 50 percent of the total project
cost, whichever amount is ess, at minimum.
(C) Subject to the terms of this Agreement, the IAC agrees to provide
103,094 Dollars, or 50 percent of the total project cost,
whichever amount is less, from monies available in the Outdoor Recreation _
Account of the State's General Fund.
(D) If the IAC has entered into an agreement with the National Park
Service, United States Department of the Interior, to contribute Federal
Land and Water Conservation Funds to this project, that federal contribution
will - - Dollars, or - - percent of the total project
cost, whichever is less.
- 2 -
(E) The IAC shall not be obligated to pay any amount oeyond the amounts
set out in subsection (C) and, if applicable, "� above unless that additional
amount has been approved in advance by the iAC, cr by the Director, and
incorporated by written amenament into this Agreement.
(F� Disbursement of grant monies by the IAC to the Public Agency under
this Agreement shall be made in accordance with chapter 286-24 WAC, all
conditioned upon proof of compliance with the terms of this Agreement by
the Public Agency. The IAC reserves the right to withhold disbursement of
the final ten percent ( 10%) of the total amount of the grant to the Public
Agency until the project has been timely comoleted and approved by the
Director.
(G) The obligation of the IAC to pay any amount(s) under this Agreement
is expressly conditioned upon strict compliance with the terms of this
Agreement by the Public Agency.
6. Reouirements of the National Park Service.
If the project has been approved by the National ParK Service, United
States Department of the Interior, for assistance from the =ederal Land ano
water Conservation Fund (see section 5 (D) ) , the Project Agreement General
Provisions as contained in Section 660.3 Attachment B of the Land and Water
Conservation Grant Manual as now existing or hereafter amended are made part
of this Agreement, and the Public Agency shall abide by these Project
Agreement General Provisions. Further, the Public Agency agrees to provide
the IAC with reports or documents needed by the IAC to meet the requirements
of the Project Agreement or Section 660.3 Attachment B of the Land and Water
Conservation Grant Manual .
7. Nonavailability of Funds.
If amounts sufficient to fund the grant made under this Agreement are
not available in the State Habitat Conservation Account or such funds are not
appropriated by the Washington State Legislature, or such funds are not
allocated by the Washington State Office of Financial Management (OFM) to
the IAC for expenditure for this Agreement in any biennial fiscal period,
the IAC shall not be obligated to pay any remaining unpaid portion of this
grant unless and until sufficient funds are so deposited and/or any necessary
action by the legislature or OFM occurs. If the IAC participation is
suspended under this section for a continuous period of one year, the IAC's
obligation to provide any future funding under this Agreement shall terminate.
The Public Agency shall use any grant funds already received to complete
the project to the extent possible and shall devote the project to the uses
required under this Agreement unless an alternate use is approved by the _
IAC or the Director.
8. Termination and Other Remedies.
(A) The IAC may require strict compliance by the Public Agency with
the terms of this Agreement including, but not limited to, the requirements
of the applicable statutes, rules and IAC policies incorporated in this
Agreement, and with the representations of the Public Agency in its
application for a grant as finally approved by the IAC.
- 3 -
(g) Tne IAC, -or the Director, may susoend, or may terminate. the L;C' s
ooliaation to provide fundina to the Public Aaency under this Agreement:
! i :n the event of any preach oy the public Agency of any c= the
2ublic �oency' s ooligatipns unoer this agreement ; or
ii1 :f the Public Agency fails to make oroaress satisfactory the
IAC or the Director toward comoletion of the oroject by the
completion date set out in section 3(8) aoove; or
( ili ; If, in the opinion of the IAC or the Director, the Publ • : Agency
fails to make progress necessary to complete any other cra)ect
assisted with grant funas from the IAC within the completion date
set out by agreement with the IAC for that project.
(C; in the event this Agreement is terminated by the IAC, or the
Director, under this section or any other section after any portior, of the
orant amount has peen paid to the Public Agency under this Agreemer:, the
IAC may reeuire that any amount paid be repaid to the IAC for reoecosit ntc
the Habitat Conservation Account.
(D) The Public Agency understands and agrees that the IAC may enforce
this Agreement by the remedy of specific performance, which usually will
mean completion of the project as described in section 4 above. however,
the remedy of specific performance shall not be the sole or exclusive remedy
available to the IAC. No remedy available to the IAC shall be deemed
exclusive. The TAC may elect to exercise any, any combination, or all of
the remedies available to it under this Agreement, or under any provision
of law, common law, or equity.
9. No Waiver by IAC/Remedies.
Waiver by the IAC of any default or breach shall not be deemed to be
a waiver of any other or subsequent default or breach and should net be
construed to be a modification of the terms of the Agreement unless stated
to be such in writing by the Director, or his or her designee. Tne IAC noes
not waive any of its rights or remedies under this Agreement shoulc it:
(a) fail to insist on strict performance of any of the terms of this
Agreement, or (b) fail to exercise any right based upon a breach of this
Agreement.
10. Application Reeresentations--Misreoresentation or Inaccuracy
a Breach.
The IAC relies upon the Public Agency's application in making its
determinations as to eligibility for, selection for, and scope of, funeing _
grants. Any misrepresentation, error or inaccuracy in any part cf the
application shall be deemed a breach of this Agreement.
11 . Compliance with Applicable Statutes, Rules and IAC Policies
The subject grant shall be governed by, and the Public Agency shall
comply with, all applicable provisions of chapter 43.99 RCW, chapter 286
WAC and published IAC policies and guidelines, which are incorporated herein
by this reference as if fully set forth.
I. Restriction on Conversion of Facility to Other Uses.
The Public Agency shall not at any time convert any prooerty or facility
acquired or developed pursuant to this Aareement to uses other than tnose
for which assistance was originally approved, without the prior approval
of the IAC, in the manner provided oy RCW 43.99 . 100 for marine recreation
land, wnetner or not the property was acquired with Initiative 215 funds.
13. Use and Maintenance of Assisted Proiect.
Tne Public Agency shall operate and maintain, or cause to be operated
ara maintained, the property or facilities which are the subject matter of
this Aareement as follows:
(A) The property or facilities shall be maintained so as to appear
attractive and inviting to the public.
(9) All facilities shall be built ano maintained in accordance with
applicable state and loca', public nealth stanaards and building codes.
(C) The property or facilities shall be kept reasonably safe for public
use.
(D) Buildings, roads, trails, and other structures and improvements
shall be kept in reasonable repair throughout their estimated lifetime, so
as to prevent undue deterioration that would discourage or prevent public
use.
(E) The facility shall be kept open for public use at reasonable hours
and times of the year, according to the type of area or facility.
(F) The property or facility shall be open to everyone without
restriction because of race, creed, color, sex, religion, national origin,
hanaicao or residence of the user.
(G) The Public Agency agrees to operate and maintain the facility in
accordance with all applicable federal , state and local laws and regulations.
14. User Fees and Charges.
User, or other types of fees may be charged at the project described
by this Agreement, provided that the fees and charges are commensurate with
the prevailing range of public fees and charges within the state for the
particular activity involved.
Unless precluded by state law, all revenues from fees and charges which -
exceed the casts for operation and maintenance of the area from which they
were collected must be deposited in a capital reserve fund identifiable within
the sponsor's(s ' ) official annual budget(s) , for acquisition and/or
development of outdoor recreation lands or facilities consistent with the
agency' s park and recreation plan Such funds may not be used for operation
and maintenance of other facilities.
- 5 -
15. Provisions Aoolyina Onlv to Acquisition Projects.
The following provisions shall be in force only if the oroject described
in this Agreement is for the acquisition of outdoor recreation land or
facilities:
(A) When Federal Land and Water Conservation Funds are part of this
Agreement per section 5(D) of this Agreement, the Public Agency agrees to
comply with the terms and conditions of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 ( 1970)-
-Public Law 91-646, as amended by the Surface Transportation and Uniform
Relocation Assistance Act, PL 100-17-1987, and the applicable regulations
and procedures of the Department of the Interior implementing that act.
(8) When state funds are included in this project per section 5(C)
of this Agreement, the Public Agency agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition
Policy of the State of Washington (Chapter 240, Laws of 1971 , 1st Ex. Sess. ,
RCW 8.26.010) , and cnapter 468-100 WAC after it becomes effective on April
2, 1989.
(C) In the event that housing and relocation costs , as required by
federal law set out in subsection (A) above and state law set out in
subsection (B) above, are involved in the execution of this project, the
Public Agency agrees to provide any housing and relocation assistance that
may be necessary and will assume all administrative costs, with the
understanding that eligible relocation costs may be part of the total project
cost.
(D) Evidence of Land Value. Prior to disbursement of funds by the
IAC as provided under this Agreement, the Public Agency agrees to supply
evidence to the IAC that the land acquisition cost has been established as
per IAC procedural guidelines, which are incorporated by this reference.
(E) Evidence of Title. The Public Agency agrees to show the type of
ownership interest for the property that has been obtained. This shall be
done before payment of financial assistance by the IAC.
(F) Deed of Right to Use Land for Public Recreation Purposes. The
Public Agency agrees to execute an instrument or instruments which contain
(1) a legal description of the property acquired under this Project Agreement,
(2) a conveyance to the State of Washington of the right to use the described
real property forever for outdoor recreation purposes, and (3) a restriction
on conversion of use of the land in the manner provided in RCW 43.99.1009
whether or not the real property covered by the deed is marine recreation
land. RCW 43.99. 100 reads as follows: -
"Marine recreation land with respect to which money has been expended
under RCW 43.99.080 shall not, without the approval of the committee,
be converted to uses other than those for which such expenditures were
conversion upon conditions which will assure the substitution of other
marine recreation land of at least equal fair market value at the time
of conversion and of as nearly as feasible equivalent usefulness and
location. "
- 6 -
16. Provisions Ap❑lving Onlv to Development Projects .
The following provisions shall be in force only if the project described
in this Agreement is for development of outdoor recreation land or facilities.
(A) Construction Document Approval . The Public Agency agrees to submit
one copy of all construction plans and specifications to the IAC for review
and approval prior to seeking bids on those plans . Review by the IAC will
be for compliance with the terms of this Agreement.
(B) Contracts for Construction. Contracts for construction shall be
awarded through a process of competitive bidding if required by state law.
Copies of all bids and contracts awarded shall be submitted to the IAC.
Where all bids are substantially in excess of project estimates, the IAC
may, by notice in writing, suspend the project for determination of
appropriate action, which may include termination of the Agreement.
(C) Construction Contract Chanae Order. Any change orders must be
in writing ano sna 1 be submitted to the r7. Any increase in the cost of
the project as the result of a change order_ shall be the sole obli ation
of-the Pud is Agency. -No change order shall- be issued by the Public Agency
which changes the plans or proposals submitted in, or in connection with,
the Public Agency's application for assistance for this project, unless that
change has been agreed to by the IAC by written amendment to this Agreement.
(D) Installation Payments. Financial assistance provided by this
Agreement for development may be remitted to the Public Agency in
installments, after receipt of billings, and upon satisfactory evidence of
completion of each stage of construction or development. Installment payments
shall in no event be made more frequently than monthly.
(E) Nondiscrimination Clause. Except where a nondiscrimination clause
required by the United States Department of the Interior is used, the Public
Agency shall insert the following nondiscrimination clause in each contract
for construction of this project:
"During the performance of this contract, the contractor agrees as
follows:
(1 ) The contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, sex, or
national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated
fairly during employment, without regard to their race, creed,
color, or national origin. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor
agrees to put in a conspicuous place, available to employees and
o e prove e y e contrac ing
officer, setting forth the provisions of this nondiscrimination
clause.
- 7 -
(2) The contractor will , in all solicitations or advertisements for
employees placed by or on benalf of the contractor, state that
all qualified applicants will receive consideration for emoloyment
without regard to race, creed, color, sex or national origin.
(3) The contractor will send to each labor union or representative
or workers with which he has a collective bargaining agreement
or other contract or unoerstanding, a notice, to be provided by
the agency contracting officer, advising the said labor union or
workers ' representative of the contractor's commitments under this
section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The contractor will include the provisions of the foregoing
paragraphs in every subcontract exceeding $10,000, so that such
provisions will be binding upon each such subcontractor or vendor.
The contractor will take such action with respect to any subcontract
or purchase order as the IAC or the Director may direct as a means
of enforcing such orovisions, including sanctions for noncompliance:
PROVIDED, However, that in the event the contractor becomes involved
in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction oy the contracting agency, the
contractor may request the State of Washington to enter into such
litigation to protect its interests."
17. Responsibility for Project.
While the IAC undertakes to assist the Public Agency with the project
by providing a grant pursuant to this Agreement, the project itself remains
the sole responsibility of the Public Agency. The IAC undertakes no
responsibilities to the Public Agency, or to any third party, other than
as is expressly set out to this Agreement. The responsibility for the design,
development, construction, implementation, operation and maintenance of the
project, as those phases are applicable to this project, is solely that of
the Public Agency, as is responsibility for any claim or suit of any nature
by any third party related in any way to the project.
The Public Agency shall defend at its own cost any and all claims or
suits at law or in equity which may be brought against the Public Agency
in connection with the project. The Public Agency shall not look to the
IAC, or to any of the IAC' s employees or agents, for any performance,
assistance, or any payment or indemnity, including but not limited to cost
of defense and/or attorneys ' fees, in connection with any claim or lawsuit
brought by any third party related in any way to the project, including but
not limited to, its design, development, construction, implementation,
operation and/or maintenance.
18. Hazardous Substances
(a) The public agency shall inspect and investigate the proposed
acquisition or development site for the presence of hazardous substances.
(b) The public agency represents that it has fully disclosed to the
IAC the results of its inspection and investigation and all other knowledge
the public agency has as to the presence of any hazardous substances at the
proposed acquisition or development site.
- 8 -
(c) "Hazardous istance" means "hazardous sub. ice" as defined in
RCW 70.105D.020(5) .
19. Indemnity.
The Public Agency agrees to, and shall , defend, protect and hold harmless
the IAC and any and all of its employees and/or agents, from and against
any and all liability, cost (including but not limited to all cost of defense
and attorneys ' fees) and any and all loss of any nature from any and all
claims or demands or suits at law or equity, arising from the project,
including but not limited to, those arising from the Public Agency's acts,
or failures to act, which result in any loss of any kind to any third party.
Such claims or suits include, but are not limited to:
(a) claims or suits by any person or firm furnishing services in
connection with the Public Agency' s performance under this Agreement; or
(b) claims or suits by any person or firm who or which may allege injury
by the Public Agency or its agents arising from the Public Agency's
performance of this Agreement or arising from or related to the project to
which a grant is furnished hereunder;
(c) any claim or suit resulting from the use of any facilities and/or
programs assisted by a grant under this Agreement.
(d) Any claim or suit resulting from the presence of, or the release
or threatened release of hazardous substances brought by any federal , state
or local agency or any individual .
20. Records and Reports.
(A) The Public Agency agrees to maintain all books, records, documents,
receipts , invoices and all other electronic or written records necessary
to sufficiently and properly reflect the Public Agency's contracts, contract
administration, and payments, including all direct and indirect charges,
and expenditures in the development and implementation of the project.
(8) The Public Agency's records related to this Agreement and the
project receiving grant funds hereunder may be inspected by the IAC or the
Director, or their designees, or by designees of the State Auditor or by
federal officials authorized by law, for the purposes of determining
compliance by the Public Agency with the terms of this Agreement, and to
determine the appropriate level of funding to be paid under the subject grant.
(C) The records shall be made available by the Public Agency together
with suitable space for such inspection at any and all times during the Public
Agency's normal working day. _
(D) The Public Agency shall retain all records related to this Agreement
and the oroject funded hereunder for a period of at least six (6) years
following completion of payment of the grant-in-aid under this Agreement.
(E) The Public Agency shall promptly submit to the Director any report
or reports required by the Director.
- 9 -
(F) The Public Agency shall submit a final report when the project
is completed, prematurely terminated, or project assistance is terminated.
The report shall include a final accounting of all expenditures and a
description of the work accomplished. If the project is not completed, the
report shall contain an estimate of the percentage of completion, and shall
indicate the degree of usefulness of the completed project. The report shall
account for all expenditures not previously reported and shall include a
summary for the entire project.
21 . Acknowledgments.
The Public Agency shall include language which acknowledges the funding
contribution of the IAC to this project in any release or other publication
developed or modified for, or referring to, the project. The Public Agency
also shall post siqns or other appropriate media at project entrances and
other locations on the project which acknowledge the IAC' s funding
contribution.
22. indeoendert Contractor Status of Public Aaencv.
The Public Agency and the Public Agency' s officers, employees and agents
shall perform all obligations under this Agreement as an independent
contractor and not in any manner as officers or employees or agents of the
IAC. Herein all references to the Public Agency shall include its officers,
employees and agents. The IAC shall not withhold or pay taxes or insurance
or deductions of any kind.
23. Restriction on Assionment.
The Public Agency shall not assign this Agreement, or the performance
of any obligations to the IAC under this Agreement, or any claim against
the IAC it may have under this Agreement, without the express written consent
of the Director.
24. Nondiscrimination.
The Public Agency shall comply with all applicable federal and state
nondiscrimination laws, regulations, and policies. No person shall , on the
grounds of age, race, creed, color, sex, religion, national origin, residence,
marital status, or handicap (physical , mental , or sensory) be denied the
benefits of, or be otherwise subjected to discrimination under, this Agreement
or under any project, program, or activity, funded, in whole or in part,
under this Agreement. A violation of this provision is a material breach
and cause for termination under section 8 above.
25. Conflict of Interest.
The Public Agency shall not participate in the performance of any duty
in whole or in part pursuant to this Agreement to the extent participation
is prohibited by chapter 42.18 RCW, the Executive Conflict of Interest Act,
or any other federal state or local similar conflict act which may apply
to the Public Agency. The IAC may, by written notice to the Public Agency,
terminate this Agreement if it is found after due notice and examination
by the IAC or the Director that there is a violation of the Executive Conflict
of Interest Act, chapter 42.18 RCW; Code of Ethics for Public Officers and
Employees, chapter 42.22 RCW; or any similar statute or ordinance involving
the Public Agency in the procurement of, or performance under, this Agreement.
_ in _
C
The existence of facts uF which the IAC or the Director ekes any
determination under this section may be an issue under, and may be reviewed
as is provided in, the disputes section of this Agreement, section 25, uoon
agreement of the parties.
26, Disoutes.
When a bona fide dispute arises between the IAC or its Director and
the Public Agency which cannot be resolved between these parties, the parties
may agree that the disputes process set out in this section shall be used
prior to any action being brought in court. Either party may request a
disputes hearing hereunder. The request for a disputes hearing must be in
writing and clearly state: (a) the disputed issues; (b) the relative positions
of the parties regarding those issues as then understood by the requesting
party; (c) the Public Agency's name, address, project title, and the IAC's
project number. In order for this section to apply to the resolution of
any specific dispute or disputes the other party must agree in writing that
the procedure under this section shall be used to resolve those specific
issues.
The dispute shall be heard by a panel of three persons consisting of
one person chosen by the Public Agency, one person chosen by the director
and a third person chosen by the two persons initially appointed. If a third
person cannot be agreed upon, the third person shall be chosen by the
chairperson of the IAC.
Any hearing under this section shall be informal , with the specific
processes to be determined by the disputes panel according to the nature
and complexity of the issues involved. The process may be solely based upon
written material if the parties so agree. The disputes panel shall be
governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel , unless
the remedy directed by that party shall be without the authority of either
or both parties to perform, as necessary, or is otherwise unlawful .
Request for a disputes hearing under this section by either party shall
be delivered or mailed to the other party at the address set out in section
30 below. The request shall be delivered or mailed within thirty (30) days
of the date the requesting party has received notice of the action or position
of the other party which it wishes to dispute. The written agreement to
use the process under this section for resolution of those issues shall be
delivered or mailed by the receiving party to the requesting party within
thirty (30) days of receipt by the receiving party of the request.
All costs associated with the implementation of this process shall be
shared equally by the parties.
27. Governing Law/Venue.
This Agreement shall be governed by the laws of the state of Washington.
In the event of a lawsuit involving this Agreement, venue shall be proper
only in the Superior Court in and for Thurston
11
28. Severability.
If any provision of this Agreement or any provision of any law, rule
or document incorporated by reference into this Agreement, shall be held
invalid, such invalidity shall not affect the other provisions of this
Agreement which legally can be given effect without the invalid provision.
To this end the provisions of this Agreement are declared to be severable.
29. OSHA/WISHA.
The Public Agency represents and warrants that its work place does now
or will meet all applicable federal and state safety and health regulations
that are in effect during the Public Agency's performance under this
Agreement. The Public Agency further agrees to indemnify and hold harmless
the IAC and its employees and agents from all liability, damages and costs
of any nature, including but not limited to costs of suits and attorneys'
fees assessed against the IAC, as a result of the failure of the Public Agency
to so comply.
30. Headinas Not Controllino.
Headings used in this Agreement are for reference purposes only and
shall not be considered a substantive part of this Agreement.
31. Notices.
(A) All written communications which are to be given to the Public
Agency under this Agreement will be addressed and delivered to:
Name: Gene Maxon
Title: King County Natural Resources and Parks Division
Mailing A dress: 2040 84th Ave SE
Mercer Island. Washington 98040
(8) All written communications which are to be given to the IAC under
this Agreement will be addressed and delivered to the IAC, 4800 Capitol
Boulevard, KP-11 , 7umwater, 'Washington 98504-5611 .
(C) The above shall be effective until receipt by one party from the
other of a written notice of any change.
32. Additional Provisions or Modifications of Standard Provisions.
- 12 -
33. Entire Agreement.
This Agreement sets forth the entire agreement between the parties with
respect to the subject matter hereof. Commitments, warranties,
representations and understandings or agreements not contained, or referred
to, in this Agreement or written amendment hereto shall not be binding on
either party. Except as may be expressly provided herein, no alteration
of any of the terms or conditions of this Agreement will be effective without
the written consent of both parties.
STATE OF WASHINGTON INTERAGENCY
COWITTEE FOR OUTDOOR RECREATION
BY: Director
Date:Date: November 20, 1990
PUBLIC AGENCY
BY:
Titl
Date:
Approved as to form this , k\ _
day of DL-U^ Imw
By: v
JEF . LANE
sr. Assista t Attorney General
Attorney fo IAC 1 iz
Approved as to form this 171�
day of -hw
•Attorney for Pftlic Aqency
ATTACHMENT 3C
I. .ERAGENCY COMMITTEE FOR OUTCOOR RECREATION
FINAL PROJECT REPORT ON DEVELOPMENT, PLANNING OR MAINTENAK E/MANAGEMENT
NOTE: This report must accompany final billing.
Agency. . IS-..GAt6. .COUXT.kl�. . . . . . . . . . . . ..Project Number. .f..'.j :.�.cn-2— r!) . ..
Project Period. .?. Gq . J _A Project Title.��L. E2lpIArfJBvJ41 ,
Lau iJU
Work Report: Describe work accomplished, major deviations from proposal , etc.
Work on the new boat launch at Lake Meridian Park was completed
on May 25, 1994 . No major deviations from the original plan or
contract amounts were made relative to the boat launch. The
project was bid as a lump sum contract, however we believe that
the estimated costs related to those items of work associated
with the boat launch are accurate. All items of work included
in the I.A.C. application were completed as part of the boat
launch improvements .
Post-Construction Certification:
If this report applies to a development project, I hereby certify that
construction of Project Number �� �. Z.IPZ. ... . . . . . . .has been completed in
accordance with the original and revised plans and specifications on file.
The plans and specifications are consistent with scope of the project approved
by the Interagency Committee for Outdoor Recreation.
Title
f r1V\
Date