Loading...
HomeMy WebLinkAbout2017-09-11-minutes-public-works-study-sessionSCAPS� . TO i t G,1ig K=TAS COUNTY THOSE PRESENT: DEPARTMENT OF PUBLIC WORKS Mark Cook, Director STUDY SESSION MINUTES September 11, 2017 Paul Jewell, Laura Osiadacz, Obie O'Brien (BOCC); Mark Cook, Candie Leader (DPW) **A Moment of Silence was held for the Anniversary of the 9111 Attacks** LIMIT HEA VY TR UCK TRAFFIC BYPASSING I-90 DISCUSSION. Mark stated that staff is offering to prepare legislation to hinder heavy truck traffic that is bypassing I-90 during construction and slow downs. He continued that the roads in the area are not designed for this volume of truck traffic. Mark suggested that the Board of County Commissioners consider utilizing the Revised Code of Washington specifically Chapter 46.44.080 and declare that certain types of vehicles are restricted on certain county roads. He continued that pursuant to RCW 36.75.270, a person violating a resolution that restricts certain classes of vehicles is guilty of a misdemeanor. Staff is suggesting closing the road network to certain classes of vehicles at Thorp Prairie Road (Exit 93) to Nelson Siding Road (Exit 74), covering the entire route that is being utilized as a detour to 1-90. This action by resolution was previously used for the load restriction on the Manastash Road Bridge. Discussion was held as to classes of vehicles, the weight of each and if local delivery only is an option to consider as well. Board Direction: Bring forward a draft Resolution for review at the October 9, 2017 Study Session. NELSON SIDING ROAD DRAINAGE IMPROVEMENTS : Mark stated that since 2013 Public Works has been working with a resident on Nelson Siding Road at Old Cedars Road regarding high ground water flooding. The development there is not mapped as a being in floodplain and/or wetland; however, it has been historically wet in the spring and into the summer. The flows get backed up because of the John Wayne Trail causing a large wetland complex downstream from Nelson Siding Road. The issue for Public Works is how to manage the expectations of the residents who have built in the low lying area. Several years back, Public Works enlarged the road side ditch network in the vicinity of Old Cedars Road, however, the issue is that the topography is very flat and the KRD delivery canal crosses under Nelson Siding Road about 500 yards from the residence in question. Staff replaced the culvert with a 6-8 foot plate arch culvert and the surface water there is actually higher than the bottom of the road side ditch; and between the irrigation canal and the ditch there is a pond that the residents use for irrigation purposes. Mark continued that staff went out and collected survey 411 N. Ruby, Suite #1 Ellensburg, WA 98926 TEL FAX (509)962-7523 (509) 962-7663 Dept. of Public Works Page 2 data and designed a proposed drainage improvement plan to elevate the problem. However, immediately downstream there is a private culvert that is restricting flows causing the flow to braid and flood out. On several occasions staff has attempted to contact the owner of the private culvert to have it removed or replaced but there's unwillingness due to it being used for field access. Staff has communicated with the resident and the Old Cedars Road neighborhood that Public Works would not be removing that culvert. Discussion was held. Board Direction: No Direction. AIRPORT RUNWAY 7/25 UPDATE: Mark stated that several weeks ago, there was a conversation had regarding soliciting a second opinion regarding the condition of 7/25 after the action taken of closing the secondary runway. Mark has received the opinion of our consultant, CenturyWest and it has been reviewed. After conducting research, Mark commented that he has contacted HLA Engineering and Land Surveying, Inc. (HLA) requesting they respond to a suggested scope of work. HLA is the current consultant for the Yakima Airport and just completed a project there. HLA staff, along with Mark, had a site visit to 7/25 and staff has received the suggested scope of work and contract. Mark continued that a special meeting with the Airport Advisory Committee has been scheduled for a presentation by HLA. Mark added that staff has completed an entire survey of 7/25 and there is now a base map of both runways. This information was sent to our consultant, CenturyWest for a cost estimate of a preliminary design. Discussion was held. Board Direction: No Direction. OTHER BUSINESS. FLOOD CONTROL ZONE DISTRICT OUTREACH: Mark stated that staff has received three applicants so far for the Flood Control Zone District advisory committee. He is suggesting sending out a mailer to residents similar to what was used by Solid Waste for their recent project. At this point, Mark feels that this would be a great way to reach the community. Discussion was held. Board Direction: Produce mailing for distribution. 2 �fx t el e Mark Cook, Director 411 N. Ruby, Ste. #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 KITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday September 11, 2017 -1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Limit Heavy Truck Traffic Bypassing 1-90 Discussion 3. Nelson Siding Road Drainage Improvement(s) 4. Airport Runway 7/25 Update 5. Other business 6. Adjourn Created ort 918/2017 7:31:31 AM KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 11, 2017 TOPIC: Limiting Heavy Truck Traffic Bypassing I-90 ACTION REQUESTED: Direct Staff Prepare Enabling Legislation LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepares enabling legislation limiting various county roads to local truck traffic delivery only making violations of said legislation a misdemeanor. BREIFING SUMMARY: • Increasingly, heavy trucks are bypassing stalled traffic on 1-90 using local County roads to get ahead of stopped 1-90 traffic • Pursuant to RCW 46.44.080 the Board of County Commissioners may restrict certain classes of vehicles causing damage to county roads • Following the process defined in RCW 36.75.270, any person violating a resolution restricting certain classes of vehicles is guilty of a misdemeanor Public Works is advising load restricting heavy truck traffic on: Thorp Prairie Road (1-90 exit 93 to Upper Peoh Point Road); Upper Peoh Point Road to the intersection of Mohar Road; Mohar Road to the intersection of Westside Road; Westside Road to the intersection of Nelson Siding Road and Nelson Siding Road to 1-90 exit 74. 0 Public Works will deploy required signage pursuant to RCW 36.75.270 BACKGROUND: Numerous study sessions this year have defined the level and amount of heavy truck traffic on local roadways from 1-90 exit 93 to I-90 exit 74. It appears that heavy trucks are bypassing stalled vehicle traffic on I-90 seeking to increase their headway using the local road network. The State of Washington authorizes local government to limit use of its local roadways by heavy trucks pursuant to RCW 46.44.080 (Exhibit 1). Upon adopting enabling legislation, the County may elect to follow procedures defined in RCW 36.75.270 which will snake violations of the Board's resolution limiting truck traffic to local deliveries only — a misdemeanor. Page I of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: The observed frequent bypass route currently being used by heavy truck traffic is defined as: Thorp Prairie Road (I-90 exit 93 to Upper Peoh Point Road); Upper Peoh Point Road to the intersection of Mohar Road; Mohar Road to the intersection of Westside Road; Westside Road to the intersection of Nelson Siding Road and Nelson Siding Road to 1-90 exit 74. Limiting heavy truck traffic on the above route is expected to significantly decrease the wear and tear on local County roads. PW recommends setting the initial period of time for the restriction at one year. Subsequent restrictions will require supplemental resolutions. FISCAL IMPACTS: Road signage and associated publications are anticipated to cost in the range of $5,000 to $6,000. ATTACHMENTS: Exhibit 1: RCW 46.44.080 Exhibit 2: RCW 36.75.270 Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: RCW 46.44.080 Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT RCW 46.44.080: Local regulations—State highway regulations. Page 1 of 1 RCW 46.44.080 Local regulations—State highway regulations. Local authorities with respect to public highways under their jurisdiction may prohibit the operation thereon of motor trucks or other vehicles or may impose limits as to the weight thereof, or any other restrictions as may be deemed necessary, whenever any such public highway by reason of rain, snow, climatic or other conditions, will be seriously damaged or destroyed unless the operation of vehicles thereon be prohibited or restricted or the permissible weights thereof reduced: PROVIDED, That whenever a highway has been closed generally to vehicles or specified classes of vehicles, local authorities shall by general rule or by special permit authorize the operation thereon of school buses, emergency vehicles, and motor trucks transporting perishable commodities or commodities necessary for the health and welfare of local residents under such weight and speed restrictions as the local authorities deem necessary to protect the highway from undue damage: PROVIDED FURTHER, That the governing authorities of incorporated cities and towns shall not prohibit the use of any city street designated a part of the route of any primary state highway through any such incorporated city or town by vehicles or any class of vehicles or impose any restrictions or reductions in permissible weights unless such restriction, limitation, or prohibition, or reduction in permissible weights be first approved in writing by the department of transportation. The local authorities imposing any such restrictions or limitations, or prohibiting any use or reducing the permissible weights shall do so by proper ordinance or resolution and shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution in each end of the portion of any public highway affected thereby, and no such ordinance or resolution shall be effective unless and until such signs are erected and maintained. The department shall have the same authority as hereinabove granted to local authorities to prohibit or restrict the operation of vehicles upon state highways. The department shall give public notice of closure or restriction. The department may issue special permits for the operation of school buses and motor trucks transporting perishable commodities or commodities necessary for the health and welfare of local residents under specified weight and speed restrictions as may be necessary to protect any state highway from undue damage. [ 2006 c 334 § 16; 1977 ex.s. c 1661 § 29, 1973 2nd ex.s. c 15 § 1; 1961 c 12 § 46,44.080. Prior: 19:x;' c 185 § 54; RRS § 6360-54.] NOTES: Rules of court: Monetary penalty schedule-1RL16.2. Effective date -2006 c 334: See note following RCW 47.01.1151. Federal requirements -1977 ex.s. c 151: See RCW 47,98-070. Highway and street closures authorized—Notice: Chapter 47.48 RCW. You created this PDF from an application that is not licensed to print to novaPDF printer {P3ttp_!r._31vt.nnvapdf_com) /7/2017 EXHIBIT 2: RCW 36.75.270 Page 4 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT' RCW 36.75.270: Limitation of type or weight of vehicles authorized ---Penalty. Page 1 of 1 RCW 36.75.270 Limitation of type or weight of vehicles authorized—Penalty. The board of county commissioners of each county may by resolution limit or prohibit classes or types of vehicles on any county road or bridge and may limit the weight of vehicles which may travel thereon. Any such resolution shall be effective for a definite period of time which shall be stated in the resolution. If such resolution is published at least once in a newspaper of general circulation in the county and if signs indicating such closure or limitation of traffic have been posted on such road or bridge, any person violating such resolution shall be guilty of a misdemeanor. [ 1963 c 4 § 36.75.270. Prior: 1949 c 156 § 6; Rem. Supp. 1949 § 6450-8g.] NOTES: Local restrictions or limitations of weight. RCW 46.44, 460. http://app.leg.wa.gov/RCW/default.aspx?cite=36.75.270 7/20/2017 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 11, 2017 TOPIC: Nelson Road Drainage Improvement ACTION REQUESTED: Informational Briefing — No Action Required LEAD STAFF: Mark R. Cook RECOMMENDATION: No action is required by the Board of County Commissioners. BREIPING SUMMARY: • Old Cedars Road is located in a low area at the toe of a large drainage • Cummings is experiencing repeatedly high ground water flooding • Multiple attempts to assist since 2013 • Recent design cannot move forward without the removal of a private downstream culvert • Current construction season closes the second week of October BACKGROUND: Since 2013, Public Works (PW) has been dealing with repeatedly high ground water flooding associated with development near Old Cedars Road. The development is not mapped as Federal Emergency Management Agency floodplain nor as DOE wetland (see EXHIBIT 1). None the less, the development routinely experiences high groundwater and associated surface runoff during rainfall events and during snow melt off. PW has responded numerous times to requests for assistance from a local resident (Cummings) who asserts that it is PW road runoff that is causing annual surface water accumulation around his residence. The Nelson Road ditch was enlarged several years ago in an attempt to accommodate Mr. Cummings. The ditch cannot freely drain to receiving waters south, owing to a community irrigation pond located just north of the receiving water (presumed KRD irrigation delivery canal). A six foot plate arch culvert under Nelson Siding Road conveys the KRD irrigation canal easterly towards Ellensburg. Immediately downstream of the culvert, a private culvert restricts flow and water spreads out across private property ultimately feeding a large wetland complex diked by the John Wayne Trail. Pagel of S PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT The past springfsuminer, PW collected topographic data and designed a proposed drainage improvement (EXHIBIT 2) affording additional limited relief for the roadside ditch in front of the Cummings residence. PW has attempted on numerous occasions establishing contact with the downstream property owner whose constricting culvert defeats any beneficial outcome anticipated with the proposed drainage improvement project. DISCUSSION: Recently, PW communicated with Mr. Cummings the issue surrounding the private culvert (see emails attached as EXHIBIT 3). Washington State Department of Fish and Wildlife (WDFW) recently committed to contacting the private resident and offered to lobby for removal of the constricting culvert. Mr. Cummings is not satisfied with current PW efforts and is suggesting legal action is likely required providing PW fails to implement the intended drainage improvement this year. Providing WDFW fails to resolve the constricting downstream culvert issue by October 11, 2017; we will not be able to build the drainage improvement this year. FISCAL IMPACTS: PW estimates the proposed drainage improvement to cost approximately $15,000 using County forces and $35,000 using contract labor. ATTACHMENTS: Exhibit 1: Area map Exhibit 2: Proposed design Exhibit 3: Recent electronic mail Page 2 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: AREA MAP Page 3 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 2: PROPOSED DESIGN Page 4 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT ]; ?gS & § 2 § 2 ] F | § F | 2� m»A31 3 § � § § § � /, Z EXHIBIT 3: RECENT ELECTRONIC MAIL Page 5 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Mark Cook From: chad <ST1300T69@hotmail.com> Sent: Thursday, August 03, 2017 2:14 PM To: Mark Cook Subject: Re: West Nelson Siding Ditch/Culvert Project. Hello Mr. Cook, We are approaching two months since I last checked in on when this project was scheduled for completion. You responded "We (team) spoke about schedules fast week. We are coordinating a site visit with WDFW staff verifying our ability to replace the constricting private culvert downstream from our road. Should have a construction date in the next couple of weeks. Regards, Cook" Can I please get an update as to when the culvert is scheduled to be installed under Nelson Siding Rd. We are getting down to our last two months of construction availability and I don't want have the project cancelled like it was last year due to temperature change. I am frustrated because you told me you were going to keep me in the loop with the planning and progress and I have got no phone calls or emails regarding updates. have been patient with this process, but I am running out of patience. I initiated contact and resolution with Kittitas County over 4 years ago regarding the ditch issue. I have email documentation from Roy Chance and Kirit Holmes from Dec. of 2013. You and I began talking about this in an email dated Dec. 2015. You came out in person and agreed it was the County's obligation to fix the drainage issue. We are now over year and half later. This should be plenty of time to plan and prepare for this project. I have email after email telling me things are going to be taken care of dating all the way back to 2013. This project needs to be done so my family and I don't have to stress out every time a heavy rain or snow melt arrives. You promised me this project was going to be completed and I expect that it will. Mr. Cook, I hate being the guy who sends in complaining emails. I work for the government too and 1 am well aware of the hoops and red tape required to complete a job. I know you are busy. But 1 have been dealing with this since 2013. 1 have been promised by multiple people including yourself documented in email and in person that the situation will be remedied. I shouldn't have to wait 4 years for this to be resolved. Please feel free to call me at 425 879 6513 Chad Cummings 130 Old Cedars Rd Cie Elum, WA 98922 From: Mark Cook <mark.cook co.kittitas.wa.us> Sent: Monday, lune 12, 2017 9:57 AM To: 'chad' Mark Cook From: chad cst1300t69@hotmail.com> Sent: Friday, August 25, 2017 11:46 AM To: Mark Cook Subject: Re: Meeting tomorrow to discuss water issues, creek and drainage Mark can i get a copy of the plan you have in place? You have promised me on multiple occasions to provide me with a plan and i have yet to receive one. You told me i would be part of the planning process and i have yet to be notified of any planning meetings. You then told me over the phone you had a plan in place and were ready to get but were waiting on fish and wildlife. When i spoke to you after talking with Brent you said you Iooked at the plan and it still needed work_ You seem to be speaking out both sides of your mouth. Last year you said you were ready to fix the ditch but ran out of time. Now you have a new excuse. When i spoke to you over the phone after talking with Brent you became frustrated with me asking questions and not understanding what you were planning to do. How could i possibly know what your plans are when you have failed to involve me at all in any of the process or provide me with a copy of the plan as promised. I would like to see the plan so i can understand how putting a culvert under the road to drain from the west side of the roadway to the east side of the roadway has anything to do with the pipe that is already sitting in the stream bed. They seem to be two completely different projects. If they are tied together i would like to see the plan so i have an understanding of how they are tied together. My neighbor Chris Sakas who resides at 134 Old Cedars Rd is now involved in this process as his field and yard is greatly impacted as well. I believe he sent you an email regarding his concerns. This project needs to be done this year. If need be Chris and i have already talked and we will seek legal counsel to motivate the county to fix your problem, The ditch doesn't belong to me. It belongs to Kittitas County. The ditch is inadequately designed and because of it my property floods every single year as a result. Every year i miss days of work because i have to stay home and pump water off my property from your overflowing ditch. I have sent you emails and photos and had you and other county employees out to my property to see first hand what i am talking about. We are talking about 100's of thousands of gallons of water on my property. Every year i have to stress out about a snow event followed by a rain event. I am tired of it. It is sad that we may have to get attorney's involved over a simple ditch issue. An issue that could be resolved with 2-3 days work. Right now i am simply asking you to fix your ditch so it drains away from my property. If i have to go through the time, effort and money to hire an attorney i will be asking for alot more. I have waited 4 years, I am not waiting another. Chad Sent from my iPhone On Aug 25, 2017, at 8:20 AM, Mark Cook mark.cook(a)co.kittitas,wa.us> wrote: We met last week with WDFW, It is my understanding that they are proceeding with culvert removal. As I have stated, we do not have the right to remove the private culvert. We have been unsuccessful attempting to contact decision makers associated with the private property. We will take no action implementing our plan until we are noticed that the culvert has been removed. Regards, Cook. From; chad [m ito:ST1300T69@hotmail com] Sent: Wednesday, August 23, 2017 3:43 PM To: Mark Cook; Brent.R nfrow dfw ov Subject: Re: Meeting tomorrow to discuss water issues, creek and drainage Hello Mark and Brent I am requesting an update on the West Nelson Siding project. It was my understanding that the two of you were meeting last Wednesday 8/16/2017 to discuss the flooding issues with the ditch out infront of my house. I am hoping there has been some sort of collaboration between Fish and Wildlife and Kittitas County Public Works so that we can complete work prior to this winter. Mark you advised that there was a plan in place regarding putting a culvert under the roadway but was subject to approval of Fish and Wildlife. You also advised that if we were able to get approval from Fish and Wildlife that the project could be completed by this fall but that this process needed to be expedited because of the weather change. Can I please get an update for this project status. Chad Cummings 130 Old Cedars Rd Cle Elum, WA 98922 425 879 6513 From: chad Sent: Friday, August 11, 2017 9:25 AM To: Renfrow, Brent D (DFW); mark.cook@co.kittitas.wa.us Subject: Re; Meeting tomorrow to discuss water issues, creek and drainage Good morning Brent, Thank you very much for taking the time to meet with me out at my property to discuss the flooding issues. Hopefully your visit gave you some clarification with what I am dealing with and trying to resolve. I appreciate you sending me the overhead site map attached to this email showing me that my property is not in the designated wet land area and should remain relatively dry. Mark please see the attachment which shows area maps of what is a designated wetland area. I spoke to Mark Cook this morning and he is Looking forward to talking with you about the project. He advised there was some miscommunication with Jennifer when she was out at the site with him and he is hoping you can clear it up. I spoke to Mark about the small culvert behind the county installed larger culvert under the West Nelson Siding Rd and that you felt ideally it would be removed from the stream bed to allow the water to flow naturally down the creek. I explained to Mark that Olga, the property owner, still has access to the north side of her property line via two other creek crossings to the east of the West Nelson Siding Rd. Mark told me per our discussion today that if we could get the plans/permits finalized within 3 weeks or so that this project would be able to be completed before inclement weather begins. I am requesting that you two can partner on this project to perhaps expedite the process so that the project can be completed within a timely manner so I don't have to live with several feet of water on my property again this winter. This process has been going on for several years now and I would like it resolved. Please keep me posted to the progress of this project. I can be reached anytime at 425 879 6513. lam happy to meet with either of you to assist in anyway I can. Thanks again, Chad Cummings 130 Old Cedars Rd Cie Elum, WA 98922 From: Renfrow, Brent D (DFW) <Brent.Renfrow@dfw.wa.gov> Sent: Wednesday, August 9, 2017 10:07 AM To: st1300t69 hotmail.com Cc: Downes, Scott G (DFW); Nelson, Jennifer L (DFW) Subject: Meeting tomorrow to discuss water issues, creek and drainage Chad, Am looking forward to meeting you at your place on Old Cedars Road tomorrow at 4 pm. (let me know if county staff are available to attend and if you need to change time/date to accommodate peoples schedules.) I have attached a PDF file with some aerial images of the general area that may be useful for our meeting. Work affecting creeks does fall within the jurisdiction of the Department of Fish and Wildlife, and usually requires our review and approval (which is documented with a written permit.) I have attached general information below about applying for approval for such work. See you tomorrow. Brent KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 11, 2017 TOPIC: Airport Runway 7/25 Update ACTION REQUESTED: No Action Required LEAD STAFF: Mark R. Cook RECOMMENDATION: No action is required by the Board of County Commissioners, BREIFING SUMMARY: • HLA Engineering and Surveying has submitted a scope of work addressing runway 7/25 concerns. • A special meeting of the Airport Advisory Board is scheduled for 09-15-2017 at 10 AM. • Providing the Airport Board approves the use of HLA and their suggested scope of work, staff will prepare a standard PW professional services contract for Board approval. BACKGROUND: Several weeks ago, the Board of County Commissioners (BoCC) directed staff obtain a second opinion regarding future use of Bowers Field runway 7/25. Following the declaration of emergency for runway 7/25 (Resolution 2017-140), staff contacted HLA Engineering and Surveying requesting they respond to a suggested staff scope of work. HLA staff met with Public Works (PW) staff and visited runway 7/25. Several days ago, staff received HLA's suggested scope of work and contract (EXHIBIT 1). DISCUSSION: PW staff has scheduled a special meeting of the Airport Advisory Board for September 15, 2017. The purpose of the meeting is to accept the qualifications of HLA and discuss the proposed scope of work. Once accepted, PW will prepare a standard Kittitas County professional services contract (saving legal review time) for HLA signature. The proposed scope of work from HLA is anticipated to take approximately one month to complete. Negotiations with Central Washington University are set to begin September 15, 2017 regarding funding options for re-establishing runway 7/25. Page I of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT FISCAL IMPACTS: The fee for the scope of Work has not been set at this time. ATTACHMENTS: Exhibit 1: HLA Contract and Scope of Work Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: HLA CONTRACT AND SCOPE OF WORK Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT ENGINEERING SERVICES AGREEMENT FOR BOWER'S FIELD, KtTTITAS COUNTY Runway 07/25 Rehabilitation Improvements This Agreement, made this day of 2017, by and between Kittitas County, 411 North Ruby Street, Suite t, Ellensburg, Washington 98926, hereinafter called the OWNER" and HLA Engineering and Land Surveying, Inc. (HLA), 2803 River Road, Yakima, Washington 98902, hereinafter called the "ENGINEER." WITNESSETH, that the OWNER intends to improve Bower's Field in Kittitas County, Washington, consisting of the following items: Perform Geotechnical Analysis on Runway 7125 to determine condition of existing infrastructure improvements including subgrade, subbase, and subdrains, This analysis is intended to verify the condition of the subgrade and subbase of Runway 7125 to formulate rehabilitation options and prepare a pavement design. 2. Prepare a pavement design for Runway 7125 using the runway category B-11 and the airport's fleet mix and using the pavement design software FAARFIELD, Provide recommendations to the OWNER, including cost estimates, to rehabilitate Runway 7125. The anticipated options include full reconstruction of the pavement section including subbase; removal and replacement of the wearing course; and rubbelization of the existing asphalt surface with new wearing course. 4. All analysis will be prepared for use on future phases of work and consistent with FAA requirements such that if desired by the OWNER and justified by FAA, Airport Improvement Program (AIP) funding may be utilized. I EMPLOYMENT OF ENGINEER The OWNER hereby employs the ENGINEER and the ENGINEER accepts and agrees to perform the following services for the Project during the 2017-2018 calendar years. A. INVESTIGATION AND REHABILITION OPTIONS Evaluate site conditions of Runway 7125 to include an inventory of existing site features such as subdrain locations and access structures, existing lights and conduit locations, and existing navigational equipment which may be impacted by reconstruction or rehabilitation work. Items will be field measured for use in considering rehabilitation options and preparing cost estimates. G tCantrae s & Task Crdnr rWF gltaa ^o°, tlfl ' 7rtu i? P5-1 BoNo%s r, 7 Pit Kl Twowletion ror, Page 9 It is anticipated the runway width and length will be reduced to a width of 60 -feet wide and 3,700 -Feet long. It is anticipated a topographic survey of Runway 7125 will be provided by Kittitas County. 2. Through a subconsultant, prepare a geotechnical evaluation of the existing improvements focused on the new runway dimensions. The geotechnical evaluation is anticipated to Include soil borings; California Bearing Ratio (CBR) testing; moisture tests; measurements to ground water; evaluation of the existing pavement section profile documenting the subgrade compaction, depth and gradation of base rock, and asphalt pavement thickness; and determination of frost depth. 3. Prepare an asphalt pavement design using FAARFIELD. The pavement design shall be based on the recommendations and forecasts in the Airport Master Plan Update and the Airport Layout Plan on file with the Federal Aviation Administration. 4. Based on the geotechnical evaluation and inventory of existing site features, prepare three (3) options for rehabilitation of Runway 7125. The options being considered include: a. Full pavement section reconstruction; b. Replacement of the existing pavement section, if the subbase is in a condition to support the fleet mix. C. Rubbleize the existing asphalt pavement and construct a new asphalt pavement surface. 5. For the three (3) options listed above, prepare construction cost estimates. 6. Attend up to two (2) meetings with Kittitas County Staff necessary to provide project updates. Prepare a design report containing all testing information and evaulations for the purposes of formulating future phases of work and provide to the OWNER. e. Conduct a formal presentation to the Kittitas Board of County Commission at a time and date set by the Board. To the maximum extent possible, all work shall be consistent with policies and guidance from the Federal Aviation Administration. B. OPTIONAL TESTING Conduct deflectometer or other non-destructive tests to evaluate vertical displacement of the existing asphalt surface. The tests would reveal failure in the pavement section. Although valuable such testing cannot be used for the basis of pavement design using FAARFIELD. 674C O'Tdruas & 799R 0I'derbAK!. a= Cau ,,%PMI x2017-0-7.9 Powhr'...9efd Prf�kC! Fa Iui;:UMi.dac Page 2 PRELIMINARY Project Schedule: Finalize Scope of Services September 8, 2017 Fee Proposal September 8, 2017 Project Formulation September — November 2017 II. COMPENSATION FOR ENGINEERING SERVICES The OWNER shall pay the ENGINEER the following fees as complete compensation for all services rendered as herein agreed: A. The OWNER shall pay the ENGINEER for the services as set forth in Section I of this Agreement, on a lump sum basis using hourly rates per Exhibit A of this Agreement. The fee for services set forth in Section LA $XX,XXX, not to exceed. B. Fee for services over the estimated total will be negotiated and agreed upon between the OWNER and the ENGINEER in writing prior to performance of said services. C. ENGINEER will submit monthly invoices on or about the first day of the month for ENGINEER's Professional Services actually completed during the prior month. OWNER agrees to pay the invoiced amounts within 45 days of receipt of invoice. Ill. OWNER'S RESPONSIBILITIES A. The OWNER shall make available to the ENGINEER all technical data that is in the OWNER's possession required by the ENGINEER relating to his work, B. The OWNER shall pay for all permits and licenses that may be required by local, state, or federal authorities; and shall secure the necessary land, easements, and rights of way required for the Project. IV. ENGINEER'S RESPONSIBILITIES A. OWNER's review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental work or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its work and the project work. OWNER's review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. B. In performing work and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent Contractors and shall not be deemed or construed to be employees or agents of OWNER in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of OWNER by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of OWNER. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER employees, GAConlraets 6 Task OrderMiltilas CDUrAV%201T%2097.0B•29 Bowers Field Project FormWadon.dcc Page 3 agents, and representatives, including subconsultants and subcontractors, and shall save and hold OWNER harmless therefrom. C. INDEMNIFICATION: ENGINEER agrees to defend, indemnify, and hold harmless the OWNER, its elected officials, agents, officers, and employees (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings, and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses (including legal fees, costs, and disbursements) of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the ENGINEER's performance under this Agreement. In the event that any lien is placed upon the OWNER's property or any of the OWNER's officers, employees or agents as a result of the negligence or willful misconduct of the ENGINEER, the ENGINEER shall at once cause the same to be dissolved and discharged by giving bond or otherwise. 2. OWNER agrees to indemnify, defend, and hold the ENGINEER harmless from loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, to the extent caused by the negligence or willful misconduct of the OWNER, its employees, or agents in connection with the Project. 3. If the negligence or willful misconduct of both the ENGINEER and the OWNER (or a person identified above for whom each is liable) is a cause of such third -party claim, the loss, cost, or expense shall be shared between the ENGINEER and the OWNER in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. 4. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. D. In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. E. It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of Project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a Contractor. ENGINEER does not assume responsibility for methods or appliances used by a Contractor, for a Contractor's safety programs or methods, or for compliance by Contractors with laws and regulations. OWNER shall use its best efforts to ensure that the construction contract requires that the Contractor(s) indemnify and name OWNER, the OWNER's and the ENGINEER's officers, principals, employees, agents, G:C:mva dr, d T2sk O'W,tXHII m 29 Fairs r!t?u Pr,..+ci F,,mM atian Gcc Page 4 representatives, and engineers as additional insureds on Contractor's insurance policies covering the Project, exclusive of insurance for ENGINEER professional liability. F SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals, and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total Project cost andlor execution. These conditions and costlexecution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of professional care and judgment in such investigations. V. INSURANCE A, At all times during performance of the work, ENGINEER shall secure and maintain in effect insurance to protect the OWNER and ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The OWNER reserves the right to require higher limits should it deem it necessary in the best interest of the public. Commercial General Liability ,Insurance: Before this Contract is fully executed by the parties, ENGINEER shall provide the OWNER with a Certificate of Insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of two million dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and two million dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the OWNER, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the OWNER a thirty (30) calendar day prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington, 2. Commercial Automobile Liability Insurance: a. If ENGINEER owns any vehicles, before this Contract is fully executed by the parties, OIC shall provide the OWNER with a Certificate of Insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of two million dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Nan -owned and Hired Automobile Liability" will be required and may be added to the C:1Cv-trewrb a asR txdarstK' ns t c:. n�vuG�7tz Z�-oB-ZP F3owrr'v! 'eltlrc'ec Fir is krf+acc Page 5 commercial liability coverage at the same limits as required in that section of this Agreement, which is Section V.A.1. entitled "Commercial Liability Insurance." C. Under either situation described above in Section V.A.2.a. and Section V,A.2.b., the required Certificate of Insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be In effect for the duration of this Agreement. The policy shall name the OWNER, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the OWNER a thirty (30) calendar day prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher In Best's Guide and admitted In the State of Washington. 3. Statutory workers' compensation and employer's liability insurance as required by State law. 4. Professional Liability„ Coverage: Before this Agreement is fully executed by the parties, ENGINEER shall provide the OWNER with a Certificate of Insurance as proof of professional liability coverage with a total minimum liability limit of two million dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and two million dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The insured shall not cancel or change the insurance without first giving the OWNER thirty (30) days prior written notice. The Insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis, the coverage will continue in force for an additional two (2) years after the completion of this Agreement. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the OWNER, its officers, employees, agents, and representatives thereunder. The OWNER and the OWNER's officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insured under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the OWNER until thirty (30) days after written notice to the OWNER of such intended cancellation, expiration or change. VI. RESERVATIONS AND COMPLIANCE A. The ENGINEER reserves the right to obtain the services of other Consulting Engineers experienced in Airport work to prepare and execute the work which is related to the Project within the scope of services and fees contained herein. All subconsultants are subject to the review and approval of the OWNER. The OWNER acknowledges that quality assurance testing, electrical, and pavement specialist subconsultants will be utilized for this Project. V l,Co rarm $ Twk O.0_'!r!F_J:85 C4unly 017%7 ;17-�;S-i9 66s:erI 'c1d--Te!rM FCma'1 ':.Ito:^ doc Page 6 VII. TERMINATION OF AGREEMENT A. The OWNER may, by written notice, terminate this Contract in whole or in part at any time, either for the OWNER's convenience or because of failure to fulfill the Contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in progress, delivered to the OWNER, B. If the termination is for the convenience of the OWNER, an equitable adjustment in the Contract price will be made, but no amount will be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill the ENGINEER's obligations, the OWNER may take over the worts and prosecute the same to completion by Contract or otherwise. In such case, the ENGINEER is liable to the OWNER for any additional cost occasioned to the OWNER thereby. D_ If, after notice of termination for failure to fulfill Contract obligations, it is determined that the ENGINEER had not so failed, the termination will be deemed to have been effected for the convenience bf the OWNER. In such event, adjustment in the Contract price will be made as provided in paragraph B of this clause, E. The rights and remedies of the OWNER provided in this clause are in addition to any other rights and remedies provided by law or under this Contract. VIII. CERTIFIgATIQN OF ENGINEER The OWNER and the ENGINEER hereby certify that the ENGINEER has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: A. Employ or retain, or agree to employ or retain, any firm or persons. B. Pay, or agree to pay, to any firm, person, or organization any fee, contribution, donation, or consideration of any kind. IX. SUCCESSORS AND ASSIGNMENTS A. The OWNER and ENGINEER each bind themselves, their partners, successors, executors, administrators, and assigns to the other parties to this Agreement, and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. B. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet, or transfer their interest or obligation hereunder in this Agreement without the written consent of the other. ;3,lCnmras;s & ; as4 Ortlaryl?51111E9s CueFiI.J�2C�1752677.1&29 howeih xielc Nrc �cL Oi�iUiC•'�1: bac Page 7 C. It is understood by the OWNER and the ENGINEER that the FAA Is not a party to this Agreement and will not be responsible for engineering costs except as should be agreed upon by the OWNER and the FAA under a Grant Agreement for the Project. OWNER approval of this Engineering Services Agreement is conditioned upon and subject to FAA approval. X TITLE VI ASSURANCES The ENGINEER agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractors from the bid solicitation period through the completion of the Contract. This provision is in addition to that required of Title VI of the Civil Rights Ant of 1964. This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the Airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon, In these cases, the provision obligates the party or any transferee for the longer of the following periods: & The period during which the property is used by the Airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or g. The period during which the Airport sponsor or any transferee retains ownership or possession of the property. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS During the performance of this Contract, the ENGINEER, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: A. COMPLIANCE AND REGULATIONS: The Contractor (hereinafter includes consultants) will comply with the Title Vi List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. B. NON-DISCRIMINATION: The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. i:lL'on1,aces 6 Tssk 6rder.M itas 0CUnW1201 A2W-08.2$ F7CriHr1s FA ro."we5or d:r: Page 8 C. SOLICITATIONS FOR SUBCONTRACTS INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. D. INFORMATION AND REPORTS: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the FAA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the FAA, as appropriate, and will set forth what efforts it has made to obtain the information. E. SANCTIONS _ FOR NONCOMPLIANCE: In the event of a Contractor's noncompliance with the Non-discrimination provisions of this Contract, the Sponsor will impose such Contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: 1. Withholding payments to the Contractor under the Contract until the Contractor complies; and/or 2. Cancelling, terminating, or suspending a Contract, in whole or in part. F INCORPORATION OF PROVISIONS: The Contractor will include the provisions of paragraphs A through F from this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following Non-discrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d at seq., 76 stat. 252), (prohibits discrimination on the basis of race, color, national origin); B. 49 CFR part 21 (Non-discrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of The Civil Rights Act of 1964); GAGMIM-6 a aGh Jrdarm5 ; aS 1 66AY41'b Haid Proje t Page 9 C. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 at seq.), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and Contractors, whether such programs or activities are Federally funded or not); H. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; The FAA's non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). G:;i:on"uia 8 Task 0TdG v'M'�.: Cro�nFf'�.'Y15?52917•F1H-28 F3 r'S F..;� prC��,cl fc:lr:r..:sl+en dcc Page 10 XI. MINORITY BUSINESS ENTERPRISE MBE ASSURANCES A. POLICY: It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. B. MBE OBLIGATION: The Contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shal[ not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. XII. LITIGATION FEES AND EXPENSES In the event suit or action be instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute, such sum as the court may adjudge reasonable as attorney fees in such suit or action, in both trial and appellate court. Since the I=AA is not a party to this Agreement, it cannot be held liable for actions under this section. XIII. GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. Venue shall be in Yakima County. W WITNESS WHEREOF, the OWNER and the ENGINEER hereto have made and executed this Agreement the day and year first above written. OWNER: ENGINEER: KITTATAS COUNTY }ILA ENGINEERING AND LAND SURVEYING INC. BY: Mark Cook, PE BY: Michael T. Battle, PE TITLE: Public Works Director TITLE: President ATTEST: TITLE: G:tCO3 ,-.,.,ts [ %sk Omer6%K" las Cn�rt,32L'a 7klos?-us-r: a�:w.:'s F+eld project F r tjtp",(;W. Page 11 EXHIBIT %fA;y 4C6ftuar a 1-45P ".00-20 ftwrt-E Edell Protsv, Formk.lamn.gor EXHIBIT "A'• SCHEDULE OF RATES FOR HLA Engineering and Land Surveying,Inc. Effective January 1, 2017, through December 31, 2017 Senior Principal Engineer $196.00 per hour Licensed Principal Land Surveyor $191.00 per hour Licensed Principal Engineer $175.00 per hour Licensed Professional Engineer $160.00 per hour Other Licensed Professional $160.00 per hour Licensed Professional Land Surveyor $146.00 per hour Project Engineer $131.00 per hour Senior Planner $120.00 per hour Contract Administrator $120.00 per hour CAD Technician $115.00 per hour Resident Engineer/lnspecior $109.00 per hour Senior Engineering Technician $109.00 per hour Surveyor $109.00 per hour Surveyor on Two Man Crew $104.00 per hour Surveyor on Three Man Crew $92.00 per hour Engineering Technician $77.00 per hour Word Processing Technician $77.00 per hour Vehicle Mileage $0.535 per mile EXHIBIT "A" SCHEDULE OF RATES FOR HLA Engineering and Land Surve in Inc. Effective January 1, 2018, through December 31, 2018 Senior Principal Engineer $202.00 per hour Licensed Principal Land Surveyor $197.00 per hour Licensed Principal Engineer $189.00 per hour Licensed Professional Engineer $165.00 per hour Other Licensed Professional $165.00 per hour Licensed Professional Land Surveyor $150.00 per hour Project Engineer $136.00 per hour Senior Planner $124.00 per hour Contract Administrator $924.00 per hour CAD Technician $119.00 per hour Resident Engineer/Inspector $112.00 per hour Senior Engineering Technician $112.00 per hour Surveyor $112.00 per hour Surveyor on Two Man Crew $107.00 per hour Surveyor on Three Man Crew $95.00 per hour Engineering Technician $79.00 per hour Word Processing Technician $79.00 per hour Vehicle Mileage Federal Rate