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HomeMy WebLinkAbout2017-04-10-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday April 10, 2017 - 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Municipal Research and Services Center Professional Services Roster Discussion. 3. Request to Approve a Resolution to Award the Bid for the Manufacture and Supply of Aggregate for Bituminous Surface Treatment for One (1) Calendar Year Following Contract Execution. 4. Request to Approve a Resolution to Delegate the County Engineer Authority to Legally Bind the Kittitas County Public Works Department for the Purpose of Requesting Federal Transportation Project Reimbursement. 5. Flood Control Zone District Advisory Board. 6. Palomino Fields Development Agreement Revision. 7. Six Year Transportation Improvement Plan Amendment Discussion. 8. Other business 9. Adjourn Created on 4/7/2017 8:21:48 AM i �scno6s _.. to rkc�N G'9 9 KITTITAS COS NTA' KITTITAIS COUNTY DEPARTMENT OF PUBLIC WORKS Mark Cook, Director STUDY SESSION MINUTES April 10, 2017 THOSE PRESENT: Paul Jewell, Laura Osiadacz, Obie O'Brien (BOCC); Mark Cook, Luke Huck, Candie Leader (DPW); Dan Carlson (CDS); Judy Pless (AU); Chris Horner (PA); Lisa Lawrence (SW) GUESTS: Chad Bala, Pat Deneen MUNICIPAL RESEARCHAND SERVICES CENTER PROFESSIONAL SERVICES ROSTER DISCUSSION.• Mark introduced Judy Pless from the Kittitas County Auditor's office to discuss the MRSC item. Judy stated that in August 2016 the Board of County Commissioners authorized staff to pursue going to MRSC for Small Works, Small Purchasing and Contracting Rosters. Judy added that there are only two times during the year you can join which is December and May. The deadline for December was missed and now there are a few questions that need answered before joining in May. The first being the BOCC has given different levels of department's authorization to sign contracts and also the process of awarding bids once they are opened. Commissioner Jewell responded that only two departments that have authority to sign contracts, one is Public Works and the other is the Fair/Event Center. Discussion was held. Board Direction: No direction. REQUEST TO APPROVE A RESOLUTION TO AWARD THE BID FOR THE MANUFACTURE AND SUPPL Y OFA GGREGA TE FOR BITUMINOUS SURFACE TREATMENT FOR ONE (1) CALENDAR YEAR FOLLOWING Mark presented the Resolution to Award the bid for the Manufacture and Supply of Aggregate for Bituminous Surface Treatment for One (1) Calendar Year following Contract Execution. He then introduced Luke Huck, County Engineer to discuss the item further. Luke reported that the department solicited bids for the manufacture and supply of aggregate for bituminous surface treatment and only one bid was received from Ellensburg Cement Products. This year the bid structure was done differently than in previous years. We are actually testing the material prior to purchasing and in lieu of specifying specific pit sites for stockpiling locations that were primarily owned and operated by Ellensburg Cement Products we are requesting delivery to our own designated pit sites spread out across the county. We did have to hire a third party to test the 411 N. Ruby, Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 2 material and we contracted with Baer Testing and requested that Ellensburg Cement Products truck the material to our sites once the rock passes the testing. We are hoping to see some better quality rock and will see some longer ROI on our chip seal. It will also allow us to maintain some stockpile of rock to use for other projects. Discussion was held. Board Direction: Commissioner Osiadacz made a motion to approve the Resolution to Award the Bid for the Manufacture and Supply of Aggregate for Bituminous Surface Treatment for One (1) Calendar Year following Contract Execution. Commissioner O'Brien seconded the motion. Resolution No. 2017-070 was approved as presented. REQUEST TO APPROVE A RESOL UTION TO DELEGATE THE COUNTY ENGINEER AUTHORITY TO LEGALLYBIND THE KITTITAS COUNTYPUBLIC WORKS DEPARTMENT FOR THE PURPOSE OFREOUESTING FEDERAL TRANSPORTATION Mark stated that the department received notice from the Federal Highway Administration that last year the Federal Code registry was changed to require a particular certification for local government relative to cost recovery on federal aid projects. Our current practice is that every pay request is signed by either the Director of Public Works or the County Engineer. Washington State Department of Transportation is requiring a Resolution be approved by the Board of County Commissioners specifically noticing that the County Engineer is authorized to be signing the vouchers and reimbursement requests. Board Direction: Commissioner Osiadacz made a motion to approve the Resolution to Delegate the County Engineer Authority to Legally Bind the Kittitas County Public Works Department for the Purpose of requesting Federal Transportation Project Reimbursement. Commissioner O'Brien seconded the motion. Resolution No. 2017-071 was approved as presented. FLOOD CONTROL ZONE DISTRICTADVISOR Y BOARD: Mark stated that two weeks ago at study session staff discussed with the Board of County Commissioners about the desire to bring some structure into the administration of the Flood Control Zone District. Since the formation in 2012, there have been two completed and one near completion watershed assessments that have identified numerous projects for eventual implementation. Currently, the only strategy for choosing amongst the projects is the Flood Control Zone District Administrator who could build a priority list and present it to the Board of County Commissioners for consideration. Mark added that it is his opinion and a shared opinion from the majority of the Board from the last discussion two weeks ago that a utility rate payer based advisory board might be a favorable alternative to the other model. Given that the utility is county wide and the type of projects are significantly different that a blended approach to formation would be considered. This being made of up three rate payers from Upper County, 411 N. Ruby, Ste. #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 3 three from Lower County and an at large member. Mark continued that an odd number would be favorable so that the committee can have a decision making tool available if consensus was to fail. The advisory board would essentially help screen the projects that have come from the watershed assessments and annually create a process where rate payers could solicit other rate payers for their projects. This allowing projects county wide to be recognized. Mark believes that staff could pull something together in a couple month period with possibly presenting at service groups, City Councils, run radio ads and press releases. Commissioner Jewell inquired on how to define Upper County vs. Lower County members. Mark replied that the Board could define this with the districting, however, Commissioner Jewell didn't agree due to the way the districts are set up. Commissioner Jewell suggested using the Commissioners' Districts since they are pretty evenly split. This would allow two members from District 1, two from District 3 and three from District 2. Discussion was held. Board Direction: Build outreach plan for review at a future study session. PALOMINO FIELDS DEVELOPMENT AGREEMENT REVISION: Mark stated that Public Works has been working with the developer of Palomino Fields for the last eight to nine months. What has been recognized is that the siting of the plat and the association of the Currier Creek floodplain requires some special analysis. The Flood Control Zone District recently completed a two dimensional flow model for the entirety of Currier Creek, including the limits of the property that is slated for development at Palomino Fields. Staff made the developed model available to the developer for their review. Mark continued that what has come to light is that there are five phases of the development they are insensitive to the specific land characteristics of the entire plat, so where there are uplands and floodplains we might find a regional stormwater facility is more suited in phase five but we aren't able to task it from phase one because the current developer agreement requires the completion of one phase before the other. Staff believes this handicaps the developer as it relates to our added knowledge of the sensitive nature of floodplain development and so staff has suggested to the developer to approach the BOCC with a request to amend the developer agreement. Pat Deneen commented on the issue. Discussion was held. Board Direction: Move the topic forward for the public hearing process. SIX YEAR TRANSPORTATION IMPROVEMENT PLANAMENDMENT DISCUSSION: Mark commented that with the Board's recent decision to invest road fund dollars supporting the Hwy 97 roundabout project requires that staff bring forward a revised annual construction program. While staff was looking at the current program they saw an opportunity to make other changes as it relates to impacts on the six year transportation improvement program. Mark continued that staff has also received confirmation from the Federal Highway Administration 411 N. Ruby, Ste. #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 4 that they are going to follow our lead and return the Teanaway Hydraulic project back to the county, as staff feels we are better equipped to deliver the project. Mark added that this winter we came out with significant snow pack levels in Manastash. As staff was doing the environmental scoping for the permitting for the Manastash washout it was discovered that, even in late March, trying to collect additional data that our consultant was looking for and found three inches of ice below two feet of snow and being unable to even probe the area with our data collectors. This project is most likely going to be pushed back a year. So, recognizing that project being pushed back, the addition of the roundabout project, the FLAP and staff believes we can accelerate the No. 81 Road pedestrian lane project. Data collection is currently underway on that project. Discussion was held. Board Direction: Schedule a public hearing to amend the plan. FEMA Alternate Project Update: Mark stated that staff received notice Friday afternoon of final acceptance of our proposal to acquire essentially one million dollars of heavy equipment as a settlement to not repair Ringer Loop Road. Staff is currently soliciting and updating the prequalified bid list and various purchasing venues with state and federal government. Mark continued that staff is anticipating seeing the equipment by fall. One of the items staff is looking to secure is a temporary bridge that could be used for rental to other agencies. Discussion was held. Blackhorse Update: Mark stated that the project team met Friday at some length to discuss DR Horton taking flows from their development and conveying them across Reecer Creek Road onto property that is held by Pat Deneen. Some significant regional soil with the characteristics needed to dispose of improved runoff. Staff encouraged Mr. Deneen to have a conversation with DR Horton about the possibility of making some of his land available. The project team, consisting of the hydrogeologist, civil engineer, and a DR Horton representative all met and the opportunity for some solutions to issues that have arose. Discussion was held. Executive Session (s): To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. In Executive Session at 2:24 pm Executive Session adjourned at 2:34 pm 411 N. Ruby, Ste. #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 5 To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. In Executive Session at 2:35 pm Executive Session adjourned at 2:41 pm //1'l �X aA, Mark Cook, Director of Public Works 411 N. Ruby, Ste. #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. -1SLI_ Lt O RESOLUTION TO AWARD THE BID FOR THE MANUFACTURE AND SUPPLY OF AGGREGATE FOR BITUMINOUS SURFACE TREATMENT FOR ONE (1) CALENDAR YEAR FOLLOWING CONTRACT EXECUTION AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN CONTRACT DOCUMENTS WHEREAS: A Notice of Call for Bids was approved and signed on March 13, 2017, for the Manufacture and Supply of Aggregate for Bituminous Surface Treatment; and WHEREAS: Sealed bids were opened on March 30, 2017,at 2:00 p.m. in the Kittitas County Public Works and one (1) bid was received; and WHEREAS: The Public Works Department recommends that the responsible bid of Ellensburg Cement Products be accepted for the Manufacture and Supply of Aggregate for Bituminous Surface Treatment for one (1) calendar year following contract execution; and NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby award the bid for 2017 Manufacture and Supply of Aggregate for Bituminous Surface Treatment to Ellensburg Cement Products, upon such terms and conditions as specified in the Proposal submitted by said bidder(s). BE IT FURTHER RESOLVED that the Director of Public Works is authorized to sign the contract documents upon such terms and conditions specified in the Proposal submitted by said bidder(s). DATED this 10th day of April, 2017, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Attest: FI'Clerk of the Board- Julie Kjorsvik <21� Laura Osia acz, Vice -Chairman El Deputy Clerk of the Board- Mandy Buchholz f I J/ / L' y Obie O'Brien, Commissioner OGS W4...... a / //////11111111 IIPO 2017 Manufacture and Supply of Aggregate for Bituminous Surface Treatment Bid Opening March 30, 2017, at 2:00 p.m. Price Per Ton Delivered ITEM ESTIMATED QUANTITY EllensburgCement Products NO. (In TONS) ITEM DESCRIPTION Price Per Ton TOTAL PRICE 1/2" - 1/4" Aggregate for Bituminous Surface Treatment (WSDOT -- 1 20,000 Standard Specifications) $15.50_ $310,000.00 --- - - 3/8" - #10 Aggregate for Bituminous Surface Treatment (WSDOT j 2 7,000 Standard Specifications) Sub -total before Tax - SALES TAX - 8% $19.75 $138,250.00 i $448,250.00 $35,860.00 Total Bid - $484,110.00 ChipRock2017 BOARD OF COUNTY COMMISSh COUNTY OF HITTITAS STATE OF WASHINGTON RESOLUTION NO. 2017 - 0-71 DELGATING TO THE HITTITAS COUNTY ENGINEER AUTHORITY TO LEGALLY BIND THE COUNTY THE SOLE PURPOSE OF REQUESTING FEDERAL REIMBURSEMENT WHEREAS: The Kittitas County Engineer has been duly appointed by the Board of County Commissioners in accordance with Resolution 2016-071, which includes establishing, laying out, constructing, altering, improving, repairing, and maintaining all county roads of the county; and WHEREAS: The Federal Highway Administration, through the State authorizes federal transportation funding to the County for transportation projects; and WHEREAS: The Code of Federal Regulations, 2 CFR 200.415(a) has been revised to ensure that final fiscal reports or vouchers requesting payment under Federal agreements must include a certification, signed by an official who is authorized to legally bind the non -Federal Agency; and WHEREAS: The Kittitas County Engineer executes all Federal grant funding agreements and supplement agreements; and WHEREAS: In order to see timely reimbursement for proper expenditures related to the Federally funded grant projects, the Board of County Commissioners delegates to the person appointed as the Kittitas County Engineer authority per 2 CFR 200.415(s) to legally bind the County in furtherance of the intent of this resolution; and NOW, THEREFORE BE IT RESOLVED By the Board of County Commissioners that the person duly appointed as the Kittitas County Engineer shall be authorized to sign all grant reimbursement vouchers for grant funded transportation projects on behalf of Kittitas County. DATED on this 10th day of April, 2017, at Ellensburg, Washington. of the Board- Julie Kjorsvik ". oUNTVc "I,,, 2iy ,,,�E] DeN C erk of the Board- Mandy Buchholz =n; -fly �; w . O BOARD OF COUNTY Obie O'Brien, Commissioner KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: APRIL 10, 2017 TOPIC: MUNICIPAL RESEARCH AND SERVICES CENTER PROFESSIONAL SERVICES ROSTER ACTION REQUESTED: DIRECT PUBLIC WORKS JOIN THE MRSC ROSTER FOR PROFESSIONAL SERVICES LEAD STAFF: Mark R. Cook RECOMMENDATION: .loin the MRSC professional services roster- BREIFING SUMMARY: • Current small works roster is cumbersome and time consuming to administer • MRSC roster is highly efficient and avoids issues of fairness • Significant roster size affords multiple resources to staff BACKGROUND: Historically, Public Works has supported a small works roster for purchasing goods valued between 55,000 and $25,000. RCW 36.32.245 provides for dispensing with advertisement and sealed bidding for all purchases of goods valued less than $5,000; and RCW 36.32.250 authorizes a county, by resolution or ordinance, to dispense with competitive bids for public works projects valued less than $40,000 and allow use of a small works roster. consonant with RCW 39.04.155, for public works valued at 5300,000 or less. County Resolution 2007-123 amended Resolutions 2006-28, 2003-128, and 90-44 to set out County policies for small works and small purchase roster. DISCUSSION: While Public Works solicits participation in the small works roster annually, firms are added throughout the year. Administration of the small works roster requires administrative resources keeping the roster current. During the past several years, MRSC has developed a roster that is very robust. Firms pay an annual fee for participating in the program. Agencies provide a request to MRSC and the roster is automatically solicited and notices sent to participants consistent with their roster expertise. The process is highly efficient and provides multiple options for each solicitation. FISC:AE.. IMPACTS: Unknown at the time of briefing submittal. ATTACHMENTS: Exhibit 1: Resolution 2010-12 Page 1 of 2 PUBLIC WORKS BOARD OF COUN'ry COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Resolution 2010-12 Page 2 of 2 PUBLIC WORKS BOARD OFCOUNTY COMMISSIONERS WORK SESSION STAFF REPORT BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASIHNGTON RESOLUTION NO.-. 2010-zrl \ Resolution Amending Mttitas County Procedures For A Small Works And A Small Purchase Roster and for Leases of Personal Property. WHEREAS, It is desirable that the County small works and small purchase roster policies comport to the newest RCW changes; and WHEREAS, RCW 36.32.245 provides that a cuunty may, by resolution or ordinance, purchase goods valued between $5,000 and $25,000 using a small purchase roster and the procedure described in RCW 39.04.190: and WHEREAS, RCW 3652.245 provides for dispensing with advertisement and sealed bidding for all purchases of goods valued less than $5,000; and WHEREAS, RCW 36.32.250 authorizes a county, by resolution or ordinance, to dispense with competitive bids for public works projects valued less than $40,000 and allow use of a small works roster, consonant with RCW 39.04.155, for public works valued at 5300,000 or less; and WHEREAS, Resolution 2007-123 amended Resolutions 2006-28, 2003-128, and 90- 44 to set out County policies for small works and small purchase roster; and WHEREAS, Resolution 2009-105 amended Resolution 2007-123 for small works and small purchase roster to comport with the latest changes to RCWs 36.32.250 and 39.04.155, dealing with bidding and small works roster; and WHEREAS, Resolution 2009-105`s Section VI Personal Property [,eases needs to be amended to provide the County all the options as allowed by State law; and WHEREAS, The Kittitas County Board of Commissioners desires to describe specifically the procedures to be used for both small purchases and small works, as defined by the above-cited sections of the Revised Code of Washington. NOW,'THEREFORE BE IT RESOLVED: That Kittitas County shall follow the amended procedures and policies for establishment, maintenance, bidding. and purchase for small works and small purchase rosters as follows: Section I Purpose and Intent The purpose of this resolution is to provide a uniform method of purchasing materials, supplies, or equipment and awarding contracts for public works projects in accordance with the statutes cited hereafter. The Kittitas County Board of Commissioners intends for this procedure to be used by all departments and funds of Kittitas County for the purchase of any materials, supplies, equipment and awarding contracts for public works projects to the lowest responsible bidder. Responsible Bidder - As per RCW3204.350, before awarding a public works contract, a bidder must meet the required criteria to be considered and qualified. The bidder must: 1. Have a certificate of registration in compliance with RCAV 18.27 at tune of bid submittal. 2. Have a can ent state unified business identifier number. 3. If applicable, have industrial insurance coverage for employees working in Washington as required in Title 51 RCW, employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. 4. Not be disqualified front bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). The Comity must provide in writing the reasons why a bidder is determined to not be responsible. The bidder may appeal the determination within the time period specified in the bidding documents by presenting additional information to the County. The County must consider the additional information hefore issuing its final determination. If the final determination affirms that the bidder is not responsible, the County may not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. Supplemental Criteria for Detemtining Bidder Responsibility— In addition, the County may adopt relevant supplemental criteria for determining bidder responsibility applicable to a particular project which the bidder must meet. Supplemental criteria for determining bidder responsibility, including the basis for evaluation and the deadline for appealing a determination that a bidder is not responsible, must be provided in the invitation to bid or bidding documents_ A potential bidder may request that the County modify the supplemental criteria if the request is done in a timely maturer before the bid submittal deadline. The County must evaluate the information submitted by the potential bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the County must issue an addendum to the bidding documents identifying the new criteria. If the bidder fails to supply information requested concerning responsibility within the time and manner specified in the bid documents, the County may base its determination of responsibility upon any available information related to the supplemental criteria or may find the bidder not responsible. Solicitation of Donations - The County will not accept donations of materials or services in return for a commitment to continue or initiate a purchasing relationship. Gifts and Gratuities — No employee will accept gifts or gratuities from existing or potential vendors in return for a commitment to continue or initiate a purchasing relationship. Intergovernmental Agreements — Nothing herein shall limit the ability of the County to purchase goods or contract for public urorks pursuant to valid intergovennnental contracts with the United States government, State of Washington, or any subdivision thereof, as allowed by law, including but not limited to Chapters 35 77, 39.32, 39.33, 39.34, and 47.24 RCW. Electronic Data Processing. Telecommunication Equipment Software - Nothing herein shall limit the ability of the County to acquire electronic data processing or telecommunication equipment or software through the request .for proposals and competitive negotiation process as described in RCW 39.04.270. Section II ALL PURCHASES BELOW $5,000.00 Advertisement and formal sealed bidding for purchases of materials, supplies, equipment, or services below $5,000.00 are hereby dispensed with by order of the Kittitas County Board of Commissioners as authorized by RCW 36.32.245(3), yet the County will attempt to obtain the lowest practical price. Section III PURCHASES OF MATFRIALS, SUPPLIES, EQUIPMENT, AND SERVICES BETWEEN $5,000.00 AND $25,000.00 - VENDOR LIST Advertisement and formal sealed bidding may be dispensed with for purchases of materials, supplies, equipment, or services costing between 55,000.00 and $25,000.00 by order of the Kittitas County Board of County Commissioners as authorized by RCW 39.04.190. This statute provides that a vendor list may be used to secure telephone or written quotations under certain conditions as follows: A. At least twice a year, the County Auditor shall publish in the official county newspaper a notice of the existence of a vendor list for categories of goods and services needed by the County and solicit the names of vendors for such list. The vendor list shall be maintained in the Auditor's office. Vendors shall be removed from the list upon their request or discovery by the County that the vendor is no longer in business. B. Kittitas County may also use the state wide electronic database developed and maintained jointly by the Daily Journal of Cormnerce and the Municipal Research and Services Center of Washington. C. Kittitas County shall use the following process to obtain telephone quotations from vendors for the purchase of materials, supplies, or equipment: 1. Any contract awarded under this subsection need not be advertised. A written description shall be drafted of the specific materials, supplies, or equipment to be purchased, including the number, quantity, quality. and type desired, the proposed delivery date, and any other significant terms of purchase; 2. The cowtty shall secure telephone or written quotations from at least 3 vendors, if possible, and preferably all vendors listed in the appropriate category of the small purchase roster to ensure a competitive process and that the County receives the maximum benefit; 3. The Kit6ta& County representative shall not share telephone quotation from one vendor with other vendors solicited for the bid on the materials, supplies, or equipment; 4. The County shall use the County -approved "telephone bid form." This bid form must be completed and submitted with the voucher for payment for the purchased materials, supplies, equipment, and services. 5. Immediately after the award, all bid quotations that tate County secured must be recorded and made open to public inspection. This information must also be available to those who inquire by telephone. 6. At least every two months, the County Auditor shall post on the public notices bulletin board a list of contracts awarded pursuant to this section valued at more than $5,000.00 but not more than $25,000.00. The list must contain the name of the vendor, the amount of the contract, a brief description of the items purchased, and the date of the award. D. Exception - The foregoing shall not apply if it has been determined that the County seeks a single source product or contractor or a declaration of emergency has been declared by the Board of County Commissioners. E. Kittitas County shall purchase the materials, supplies or equipment from the lowest responsible bidder, provided that whenever there is reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the County may call for new bids. The County, in determining the lowest responsible bidder, may take in consideration the factors listed in RCW 43.19.1911(9). Section IV PUBLIC WORKS PROTECTS-VALUFi BELOW $40.000 Advertisement and competitive bidding For public works projects below $40,000.00 are hereby dispensed with by order of the Kittitas County Board of Commissioners as authorized by RCW 36.32.250, yet the County will attempt ro obtain the lowest practical price. The paying of prevailing wages is required for public works projects valued below $40.000. Section V PUBLIC WORKS PROJECTS - ESTIMATED VALUE -S40,000 TO 5300,000.00 This section provides a uniform process to award contract; for public works projects using a small works roster as provided in RCW 39.04.155 and RCW 36.77.075 and adopted by the Kittitas County Board of Commissioners per Resolution 2003-128 in lieu of the requirements for formal sealed bidding. A public work shall mean all work, construction. alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the County as defined in RCW 39.04.0 l0_ ;Performance bonds and the paying of prevailing wages are required on small works roster projects. The small works roster procedure is as follows: A. At least once per year, the Public Works Department shall solicit from all other County departments, in a manner reasonably calculated to insure notice and response such as intra -office memo or email, information as to what types of public work each department may need done in the foreseeable future. B. At least once a year the Public Works Department shall publish in the official county newspaper, a notice of the existence of a small works roster and solicit the names of contractors who can perform the types of work sought for such a roster. Additionally, other vendors shall be added to the list upon their request or agreement to be placed thereon. C. A roster shall be compiled in and by the Public Works Department listing the name of each contractor who has requested to be on that roster and the category of work performed by the contractor. Contractors shall be removed from the list upon their request or upon discovery by the County that the contractor is no longer in business. D. 'l he County may also use the state wide electronic database developed and maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington. E. The County shall obtain telephone, written or electronic quotations for public works contracts front contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 43.19.7911(9), as follows: 1. A contract awarded from a small works roster need not be advertised. invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished, However, detailed plans and specifications need not be included in the invitation. This paragraph does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. ?. The County shall use the approved County "telephone bid form." This bid form must be completed and submitted with the voucher for payment for the contracted public work. 3. Quotations maybe invited from all appropriate contractors on the appropriate small works roster. As an alterative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. 4. If the estimated cost of the work is from one hundred fifty thousand dollars to three hundred thousand dollars, the County may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being Sought. "f he Comity has the sole option of determining whether this notice to the remaining contractors is made by: (i) publishing notice in a legal newspaper in general circulation in the area where the work is to be done; (it) mailing a notice to these contractors, or (iii) sending a notice to these contractors by facsimile or other electronic means. For purposes of this resolution, "equitably distribute" means that the County may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. At the time bids are solicited, the County representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project; 6. ,A written record shall be made by the County representative of each contractor's bid on the project and of any conditions imposed on the bid. hnmediately atter an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. 7. .A list shall be prepared annually by the County Auditor of contracts awarded under this section and shall be available to the public. The list shall contain the name of the contractor awarded the contract, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. Section VI LEASES OF PERSONAL PROPERTY A lease of personal property may require competitive bids, depending on the total lease value. For leases valued betwccn 55,000.00 and 525.000.00 the process outlined in Section III of this Resolution may be followed. For leases valued at less than $5,000.00. the Kinitas County Board of Commissioners may waive any bidding, requirements. ADOPTED this u7pf i'f day of 't'l���z, . y 2010. `�..•""' eOtSS(OAI BOARD :..,lie A. Kjorsvi BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHING'T'ON Mark McClain, Chairman (fir Pau Je«k—F(H Vice -Chairman Alan Ctankovich, Commissioner APPROVED AS To FORMi Stephanie Happold, Deputy Prosdcuting Attorney WSBAr381 i2 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS STUDY SESSION STAFF REPORT STUDY SESSION DATE. April 10, 2017 ACTION REQUESTED Resolution to Award the Bid for the Manufacture and Supply of Aggregate for Bituminous Surface Treatment for One (1) Calendar Year following Contract Execution. BACKGROUND: Kittitas County Public Works goes out to bid for the furnishing of Maintenance Rock Materials in accordance with specifications. This year our Aggregate contract was re -worked resulting in a 30% increase in costs from last year. This year's contract adds material testing and delivery costs. The net impact is expected to result in a minimal cost increase. Bid packets are sent out to all local businesses in order to give equal opportunity. Bids were opened March 30, 2017, at 2:00 p.m. in the Public Works Department. One (1) bid was received and deemed responsive. INTERACTION: Public Works RECOMMENDATION: Move to approve Resolution to Award the Bid for the Manufacture and Supply of Aggregate for Bituminous Surface Treatment for One (1) Calendar Year following Contract Execution to Ellensburg Cement Products. HANDLING: Return one (1) original to Public Works ATTACHMENTS: Resolution, Bid Tab LEAD STAFF: Mark Cook Director of Public Works BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. RESOLUTION TO AWARD THE BID FOR THE MANUFACTURE AND SUPPLY OF AGGREGATE FOR BITUMINOUS SURFACE TREATMENT FOR ONE (1) CALENDAR YEAR FOLLOWING CONTRACT EXECUTION AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN CONTRACT DOCUMENTS WHEREAS: A Notice of Call for Bids was approved and signed on March 13, 2017, for the Manufacture and Supply of Aggregate for Bituminous Surface Treatment; and WHEREAS: Sealed bids were opened on March 30, 2017,at 2:00 p.m. in the Kittitas County Public Works and one (1) bid was received; and WHEREAS: The Public Works Department recommends that the responsible bid of Ellensburg Cement Products be accepted for the Manufacture and Supply of Aggregate for Bituminous Surface Treatment for one (1) calendar year following contract execution; and NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby award the bid for 2017 Manufacture and Supply of Aggregate for Bituminous Surface Treatment to Ellensburg Cement Products, upon such terms and conditions as specified in the Proposal submitted by said bidder(s). BE IT FURTHER RESOLVED that the Director of Public Works is authorized to sign the contract documents upon such terms and conditions specified in the Proposal submitted by said bidder(s). DATED this 10th day of April, 2017, at Ellensburg, Washington. Attest: Clerk of the Board- Julie Kjorsvik Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY. WASHINGTON Paul Jewell, Chairman Laura Osiadacz, Vice -Chairman Obie O'Brien, Commissioner 2017 Manufacture and Supply of Aggregate for Bituminous Surface Treatment Bid Opening March 30, 2017, at 2:00 p.m. Price Per Ton Delivered ITEM ESTIMATED QUANTITY EllensburgCement Products NO. (In TONS) ITEM DESCRIPTION Price Per Ton TOTAL PRICE 1/2" - 1/4" Aggregate for Bituminous Surface Treatment (WSDOT 1 20,000 Standard Specifications) $15.50 $310,000.00 3/8" - #10 Aggregate for Bituminous Surface Treatment (WSDOT 2 7.000 Standard Specifications) $19.75 S138,250.00 Sub -total before Tax - $448,250.00 SALES TAX - 8% $35,860.00 Total Bid - $484,110.00 ChipRock2017 KFFI'FIAS CO( IN l Y DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: April 10, 2017 (Study Session) ACTION REQUESTED: Sign a Resolution Lo Delegate'fhe County Engineer Authority To Legally Bind The Kittitas County Public Works Department For The Purpose Of Requesting Federal Transportation Project Reimbursement BACKGROUND: Effective December 1, 2016 the Federal Highway Administration changed the Code of Federal Regulations; 2 CFR 200.415 (a) to ensure that final fiscal reports or vouchers requesting payment under Federal agreements include a certification, signed by an official who is authorized to legally bind the non -Federal Agency. To meet this new requirement we are requesting that the County Engineer be designated as the official having authority to legally bind the Kittitas County Public Works Department for the purpose of requesting Federal Grant reimbursement. IN'T'ERACTION: Public Works Department RECOMMENDATION: Sign a Resolution To Delegate The County Engineer Authority To Legatly Bind The Kittitas County Public Works Department For The Purpose OF Requesting Federal Transportation Project Reimbursement HANDLING: Return one (1) original to Public Works AT"FACIIMENTS: Resolution To Delegate The County Engineer Authority To Legally Bind The Kittitas County Public Works Department Por The Purpose Of Requesting Federal Transportation project Reimbursement LEAD STAFF: Mark Cook. Director BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2017 - DELGATING TO THE KITTITAS COUNTY ENGINEER AUTHORITY TO LEGALLY BIN[I) THE COUNTY THE SOLE PURPOSE OF REQUESTING FEDERAL REIMBURSEMENT WHEREAS: The Kittitas County Engineer has been duly appointed by the Board of County Commissioners in accordance with Resolution 2016-071, which includes establishing, laying out, constructing, altering, improving, repairing, and maintaining all county roads of the county; and WHEREAS: The Federal Ilighway Administration. through the State authorizes federal transportation funding to the County for transportation projects; and WHEREAS: The Code of Federal Regulations, 2 CFR 200.415(a) has been revised to ensure that final fiscal reports or vouchers requesting payment under Federal agreements most include a certification, signed by an official who is authorized to legally bind the non -Federal A¢encv; and WHEREAS: 'I he Kittitas County Engineer executes all Federal grant funding agreements and supplement agreements: and WHEREAS: In order to see timely reimbursement for proper expenditures related to the Federally funded grant projects, the Board of County Commissioners delegates to the person appointed as the Kittitas County Engineer authority per 2 CFR 200.415(s) to legally bind the County in furtherance of the intent of this resolution; and :NOW, THEREFORE BE YF RESOLVED By the Board of County Commissioners that the person duly appointed as the Kittitas County Engineer shall be authorized to sign all grant reimbursement vouchers for grant funded transportation projects on behalf of Kittitas County. DATED on this 10th day of April. 2017, at Ellensburg. Washington. Attest: 71 Clerk of the Board- Julie Kjorsvik BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Paul Jewell. Chairman LauraOsiadacr. Vicc-Chairman Dcputy Clerk of the Board- Mandy Buchholz Obie O'Brien. Commissioner KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: APRIL 10, 2017 TOPIC: FLOOD CONTROL ZONE DISTRICT ADVISORY BOARD ACTION REQUESTED: DIRECT STAFF BEGIN OUTREACH EFFORTS LEAD STAFF: Mark R. Cook RFCOMMENDATION: Direct outreach efforts begin soliciting rate payers for participation in a rate payer advisory board. BREIFING SUMMARY: • The Board recently requested staff prepare an outreach strategy for attracting rate payers to serve on a Flood Control Zone District Advisory Board • Outreach efforts will include press release, possible radio spot, presentations to local service organizations and possibly City Councils • Conduct several open houses show casing Flood Control Zone District accomplishments that serve as recruitment venues • Select three tipper county and three lower county rate payers with one member at large • Begin efforts the week of May 1, 2017 • First applicant screening the week of July 17, 2017 BACKGROUND: Recently, the Board of County Commissioners directed staff prepare a proposal for creating a rate payer advisory board for the Flood Control Zone District. The Board will work with staff developing project ranking criteria — applying the criteria to all adopted basin plans. The results of the ranking process are expected to result in the District's first Capital Facility Plan. The Advisory Board (FCZDAB) will also interact with District staff creating the annual work program. It is anticipated that the FCZDAB will select activities benefitting rate payers such as: education/technical assistance/planning and an annual construction program. The FC/..D Administrator will interact between the FCZDAB and the Board of County Commissioners. The FCZD Planner III will interact with FCZDAB members supporting all board meetings. Page 1 oft PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF RFPOR"1 DISCUSSION: Kick off efforts will include a press release with a schedule of outreach meetings targeting local civic organizations. Two open houses are expected to attract rate payer interest-- one in Ellensburg and another in Cle Elum. Public Work`s website and our FOLD webpage will both run solicitations. Presentations to City Councils may also be considered as beneficial outreach opportunities. Prior to the start of the outreach effort, a final schedule will be prepared and shared with the Board of County Commissioners. FCZDAB makeup should encompass and odd number of members. A working group o' seven (7) is ideal given the amount of variables required for consideration when finalizing ranking criteria. A larger group will increase the work toward consensus. Public Works believes a balance between Upper County and Lower County representation is essential for success. A seventh "at large" member allows decision making. While the objective will always be decision by consensus, the seventh member allows for a hard vote when consensus cannot be reached. Staff anticipates taking several weeks identifying appropriate civic organization meeting dates and verifying their capacity to entertain a FCZD presentation. Prior to project kick off, staff will return a present the final outreach plan and schedule to the Board of County Commissioners. FISCAL IMPACTS: The solicitation budget is $10,000. Funding is from unspent Schaake Levee repair costs. The budget supports: venue rental, refreshments and advertising costs. ATTACHMENTS: None. Page 2 of 2 PUBLIC WORKS BOARD OF COfN"I'V COMM ISSIONF.RS WORK SESSION STAFF REPORT KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS—BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: April 10, 2017 'TOPIC: PALOMINO FIELDS DEVELOPMENT AGREEMENT REVISION ACTION REQUESTED: ADOPT THE REVISED AGREEMENT LEAD STAFF: Mark R. Cook RECOMMENDATION: Adopt proposed changes to the Development Agreement. BREIFING SUMMARY: • Current Development Agreement is for five (5) Phases • Since the original agreement, we have been working the floodplain issues • Adding the ability to allow divisions within the Phases will facilitate dealing with stormwater and floodplain issues BACKGROUND: Palomino Fields Plat construction is underway. Last year, the public bridge over the Ellensburg Water Company Canal was constructed. Continued construction of the first 8 lots (Division l of Phase 1) located on the east side of the Ellensburg Water Company Canal has continued through the winter with utilities being installed. The roadway construction on the west side of the Canal was halted to allow sufficient time to understand the interaction of roadway runoff with the use of the best available mapping information for Currier Creek floodplain. The Flood Control Zone District recently completed two-dimensional modeling of Currier Creek encompassing Palomino. The developer and Public Works are evaluating regional stormwater issues associated with plat development and its interaction with Currier Creek Floodplain. DISCUSSION: It is likely that stormwater facilities are best located in portions of several mapped Phases of the proposed plat. It might be more reasonable to manage runoff from Phase 1 within the land mass identified as being Phase 2. 3, 4 or 5. The need to task appropriate land with separation to ground water has been underscored by the Black Horse development across Reecer Creek Road. Adding flexibility into the Development Agreement will assist Public Works staff and the developer to minimize adverse impacts resulting from placement of stormwater facilities serving the internal road network. Pagel of3 PUBLIC WORKS BOARD 0F COUNTY COMMISSION FRS WORK SESSION S"IAFF REPORT FISCAL IMPACTS: None anticipated. Al"CACIIMENTS: Exhibit L "Redline" markup of the existing Development Agreement Page 2 o1'3 PUBLIC WORKS BOARD OF COLMY COMMISSIONERS WORK SESSION SFAFF REPORT EXHIBIT l; "Redline" Markup of the ll;xisting Development Agreement Page 3 of3 PUBLIC WORKS BOARD Of COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DEVELOPMENT AGREEMENT This Development Agreement ("Agreement') is made and entered into this _.._._ day of ,___ __, 2016, by the Cie Elum Pines East LLC & Cie Elum Pines West LLC Washington Limited Liability Companies, hereafter referred to as "Applicant": and KITTIT:AS COUNTY, hereafter referred to as the "County." This Agreement is made pursuant to the Revised Code of Washington ("RCW") 36.70B.170 and chapter I5A.1 I Kittitas County Code. RECITALS A. Chapter 36.70B RCW (the "Development Agreement Statute"), and Chapter 15A. I I Kittitas County Code ("Code") authorize the County to enter into an agreement between the County and all parties having an ownership interest in or control of property described in Exhibit A. B. The Applicant owns property located in a Portion of the W 1/2 of Section 27. T18N. R18E, WM. accessed off of Reecer Creek Road (the "Property"). The Property is comprised of Tax Parcel Nos. 18-18- 27020-0001; 0002, 0003, 0015, 0016, 0017, and is legally described on Exhibit A. attached hereto. C. 'The Applicant submitted Kittitas County a complete application for the Palomino Plat 1). Kittitas County Community Development Services issued a SEPA Mitigated Determination of Non -significance (MDNS) on September $ 2008. F. An open public hearing was held before the Kittitas County Hearing Examiner on October 9, 2008 and on October 21. 2008 recommended approval for the Palomino Fields preliminary plat. F. Kittitas County Board of County Commissioners (BOCC) passed Resolution 2008-160 on November 18. 2008 adopting the Hearing Examiner's recommendations for approval of the Palomino Fields preliminary plat (P-07-31). Said Resolution is attached hereto as Exhibit B. G. This Agreement recognizes the conditions to be met in Resolution 2008-160 and requires the completion of those conditions to finalize every - phase of the approved plat. H. The Hearings Examiner recommendations as adopted by the BOCCI, states that the Group A Water System may be developed to serve this plat in phases. 1. The Applicant desires and intends to develop and sell the Property in five (5) consecutive phases each final plat - requirements of Kittitas County Code Title 16 and providing for the full development of the one hundred and twenty (120) residential parcels as approved under Resolution 2008-160, J. This Agreement establishes that the Phasing Plan, attached hereto as Exhibit E. is consistent with the County's comprehensive plan, zoning and development regulations. and is consistent with existing land use approval of the subject site. NOW, THEREFORE, in consideration of the recitals (which are incorporated into the Agreement by this reference) and for other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, the County and the Applicant agree as follows: AGREEMENT Effective Date and Termination. 1.1 Effective Date. The Effective Date of this Agreement is the last date upon which it was signed by the Patties hereto. 12 Term. This Agreement shall be effective for five (5) years consistent with Exhibit E "Phasing Plan"; provided. however, that the tern of this Agreement may be extended should the Applicant seek andjustil'y requests for extension to the satisfaction of the Director prior to the expiration of the term. Upon expiration of such period, or as may be extended above, this Development .Agreement shall automatically terminate. Upon the County granting the Final Plat for the last phase of the Project this agreement shall automatically terminate. 1-3 Termination. This Agreement may be terminated at any time, in writing, by mutual agreement of the Parties to this Agreement. 2. Definitions. For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein where capitalized; words not defined herein shall have meaning as provided in Webster's cictionaq-. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any Lender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may' is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumber provision. References to laws.. ordinances m regulations shall be interpreted broadly to cover government actions, however nominated. and include laws, ordinances and regulations now in force or hereinafter enacted or amended. 2.1. Agreement. "Agreement" means this Development Agreement between Kittrtas Cozinty Washington and Cle Ehrna Pines East LLC & Ch, Elum Pines West LLC, as it relates to the Palomino Fields plat in Resolution 2008-160 approved by the Board of County Commissioners. 2.2. Applicant. "Applicant" means Cie Glum Pines East LLC & Cie Elum Pines West LLC, a Washington Corporation, or any of its transferees. successors or assigns. 2.3. County. "County" means Kittitas County. Washington. 2.4 Director. "Director" means the Director of the Community Development Services (CDS) of Kittitas Comity or the person providing the function of the director of CDS 2.5 Effective Date. "Effective Date" means set forth in Section I.1 of this Agreement. 2.6 Open Space. "Open Space" means any land that is retained in a natural condition, or that is improved for outdoor recreational uses outside of residential node areas (including but not limited to associated infrastructure such as transmission lines, pumping facilities, and community septic facilities). 2.7 Parties. "Parties means Kittitas County, Washington and Applicant, Cie Elum Pines East and Cie Flom Pine West. LLCs, a limited liability company (ies). 2.8 Project. "Project' means the Palomino Fields preliminary Plat as approved by the County through Resolution 2008-160 being a one hundred and twenty (120) unit residential community on the Propem,, including but not limited to: (i) single family units and (ii) open space areas. 2.9 Property. "Property" means the site legally described in Exhibit A, attached hereto. 2.10 Utilities. "Utilities" includes, but is not limited to: all (i) storm water and drainage systems, infrastructure and facilities; (ii) community septic systems; infrastructure and facilities as approved by Kittitas County; (iii) dry utilities including power infrastructure and facilities, telecommunication systems, infrastructure and facilities; (iv) Group A domestic water systems; and (v) irrigation infrastructure and facilities. 3. Project Elements. 3.1. Permitted Uses. Any permitted use as allowed by the Kittitas County Zoning Code at the date vested by the applications and as permitted by Resolution 2008- 160 attached hereto as Exhibit B. 3.2. Residential Densities, Tire Residential Densities for the Palomino Fields plat have been established by Kittitas County, through the adoption of Resolution 2008- 160. The approved preliminary plat map, attached hereto as Exhibit C, shows the approximate location and boundaries of lots established for the Palomino Fields plat by said resolution. Banns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.3. Nonresidential Densities and Intensities. The Non -Residential Densities and Intensities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160. The preliminary plat map. Exhibit. C. shows the Non -Residential Densities and Intensities established for the Palomino Fields plat by said resolution. 3.4. Building Sizes. Individual residential buildings shall not exceed 6.500 square feet. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 4. Mitigation Measures. Development Conditions. and Other Requirements . The Palomino Fields plat shall meet the mitigation requirements as provided for in the SEPA Mitigated Determination of Non- significance (.MDNS) issued on September 4, 2008 by Kittitas County and attached hereto as Exhibit D and those requirements for the Palomino Fields plat as provided for in Kittitas County Resolution 2008-160. 5. Development Standards, S.I. Drainage and Water Quality Requirements. The owner of each parcel shall be responsible to meet Eastern Washington Storm Water guidelines requirements as established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. 5,2. Landscaping. The areas not containing residential structures and driveways shall become owned by residents and may be landscaped with grasses, trees and other plants that do not require irrigation water that would exceed the irrigation allotment for the individual parcel. Maintenance or non -maintenance of such landscaping shall be the responsibility of residents of the development and will not be the responsibility of the County. 5.3. Other Development Features; There may be an entry monument placed at the entry to the Palomino Fields plat. Other development features may be developed within the plat that is homogenous with residential development. 6. Road and Sidewalk Standards. Sowers Road shall be a public road that is extended into the plat. The Dowers Road extension shall meet Kittitas County Public Road Standards with said extension design being approved by Kittitas County. Internal roads may be developed as public or private roads as allowed by the Kittitas County Road Standards. All internal roads shall be designed and constructed to Kittitas County Road Standards. Sidewalks are not required within the Palomino Fields plat and are not being constructed as a condition of this A&geement. ?. Affordable Housing. Affordable housing is not required nor will it be provided within the Palomino Fields plat. S. Infrastructure requirements. 8.1. Domestic Water. Group A water systems, as defined by the WAC 246- 294-010. include systems having 15 or more connections. Phases of the Palomino Fields Plat, shall be served by a Group A water system per the statutory requirements and as approved by the Washington State Department of Health. The water system will be constructed in phases commensurate with the phased development as shown on Exhibit E. attached hereto. 8.2. Irrigation Water. The first 8 lots of Phase I, shall be provided irrigation water by Cascade Inigation District. All other phases shall be provided irrigation by the Ellensburg Water Company. The irrigation distribution system shall be owned privately and the design, maintenance and operation of said irrigation distribution system shall be approved by the district or company providing the irrigation water or, if the district does not have an approval process, designed by an engineer licensed in the State of Washington. The irrigation system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.3. Sewage Disposal. Any Community Septic Systems, which may serve two to seven parcels, will be designed by a licensed designer and approved by Kittitas County. The Community Septic Systems will be constructed in phases commensurate with the phased development as shown on Exhibit E. The Community Septic Systems will not be required to be developed prior to final platting of each o any phase but will be constructed simultaneously with buildings as permitted by the Kittitas County CDS Department and the Kittitas County Health Department. Prior to receiving Occupancy Permit for any building constructed the community septic system shall be completed and approved by the County Health ;.),p,.,j,;-,,4 1I ;;,j=r:,,,I..� 8.4. Storm drainage. The owner of each parcel shall be responsible to maintain the storm water field established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. The Applicant shall develop the Palomino Fields plat in accordance to a stoma water permit issued by the Washington State Department of Ecology. Stornwater systems shall be designed in each phase to manage total stornwater of completed phases that is generated by a 24-hour, 25 -year storm event. 8.5. Fire Protection. Sprinklers shall be located in each residence to provide fire Protection for the residence and will be constructed to current standards. Neither system wide storage tanks nor fire hydrants are required for the Project. 8.6. Other Infrastructure Requirements. Utilities including but not limited to dry utilities such as power. phone and internet shall be provided to the property line of each parcel. 9. Parks and open space preservation. The Parks and open space preservation for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160. The identified open space tracts shall be proportionately owned by tenants in the common. and retained by each home owner, and will be assessed. taxed, and foreclosed upon each building lot not fulfilling their obligation. 10. Phasing. "The project will be constructed and receive final plat ppiw, i n ,n,.;a k>wMaogh ti;c ;;ugh o1 n1<_ifi. Phases. The description of the Phasing plan is provided in Exhibit F- . i'1=:1 L will occur consecutively in the order as shown in Exhibit E. The Applicant can complete more than one phase with each final plat submittal. 11 Development Review Processes, Procedures and Standards for implementing Decisions. 11.1. Standards for Implementing Decisions. Kittitas County shall base its decisions on the Kittitas County Code and per decisions in Resolution 2008-160 as further modified for phased development by this document. 11.2 Plat Application. The County will process us,, final plan for each phase of the approved Preliminary plat as defined in KCC Title 16. Each final plat will be assessed processing fees as exist at the time of submittal. 11.3. SEPA Determination. The County has reviewed, processed and issued a Mitigated Determination of Non -significance (MDNS) for the preliminary Palomino Fields subdivision and such determination shall be used for impact evaluation. Each final plat will be evaluated in tenns of its contribution to the 24-hour. 25 -year stonn event for the accumulation of all finaled plats within the Palomino Fields project. 1 1.4. Roads. The County will review and approve engineering designs of road(s) and other infrastructure elements within the County tight of way. Any private and public roads within the project will be constructed to the Kittitas County Private Road Standards. 1 L5. Grading. The County will review any grading permit necessary to meet the Kittitas County Code. 11.6. Reimbursement To The County For Review Processes. The Applicant will pay, pursuant to the fee structure adopted by Kittitas County, any fees required to achieve final plat approval for each phase of the plat. 11.7. 11.7. Access. Access will be established from Reecer Creek Road along the North boundary line of the property by means of a new County right-of-way established from Reecer Creek Road in alignment with the existing Bowers Road and as indicated within the approved preliminary Palomino Fields plat. 11.8. Home Owner Association. At the conclusion of the development of the Palomino Fields community a Homeowner Association will be created to govern residential areas, community facilities. storm water facilities, and road improvements within residential nodes, and open space. The Group A water system shall be owned, operated and maintained by a entity established, owned and operated by a designate of the Applicant. Said designate shall establish operation procedures and rates as may approved by the Washington State authorities havingjurisdiction if and when required by state law. 119. Design Review. Design Review shall be provided for under a Declaration of Covenants. Conditions and Restrictions (`CC&.Rs'). Design Review shall be determined by Applicant and shall be consistent with applicable Kittitas County Code. The Design Review provisions shall include standards for home design, materials- methods and construction, including but not limited to siting for wind and solar considerations, siting for view considerations, setbacks and height restriction. After the expiration of this Agreement, the Homeowner Association, if established. may have the right to adopt further Design Review restrictions as may be permitted consistent with the CC&.Rs, Bylaws and Articles of Incorporation. Kittitas County Code will apply if CC&Rs we less restrictive than requirements of the Kittitas County Code. 12, A Build -out m Vesting Period for Applicable Development Standards. The Applicant may construct one or more : Phase(s) of the project per building season. The Project is anticipated to be completed within 5 years. 13. Process for Amending the Development Agreement. This agreement may be amended by mutual consent of all of the parties to this agreement and will follow Kittitas County Code. 14. Any Other Appropriate Development J� - r(s) or Procedure. Any developer may further improve the property within Palomino Fields characteristic to residential development and which meets Kittitas County Code and condition, For Palomino Fields noted in Resolution 2008-160. is. Model Home. The Applicant, or a designate of the Applicant, may construct a model home, real estate sales facility, or a temporary construction office to be operating for construction or real estate office purposes prior to, or in coin mencement with, the initial stages of the development. Said ;1 ; ies) shall be required to be operated and licensed as a real estate office under the laws of the State of Washington or by Kittitas County Code as applicable. Upon completion of the final plat of the final phase, or upon selling of' the last lot, the model home, real estate sale facility, or construction offices will be decommissioned or transferred over as a one of the 120 single-family residences. 16. Miscellaneous and General Provisions. 16.1. Governing Law. This Agreement shall be governed by the laws of the State of Washington and the Kinitas County Codes as vested by the Palomino Fields application. Each party represented is duly authorized to sign and perforin its obligations under this Agreement. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the County's authority to enter into development agreements. Neither this Agreement nor any provision hereofmay be waived, modified, amended or terminated except by a written agreement of the parties hereto. 16.1 Successors. This Agreement and the rights set forth herein run with the land and shall be binding upon the successive owners and assignees of the development. 16.3. Enforcement. Any party to this Agreement may enforce the terms of this Agreement. No party shall be in default under this Agreement unless it has failed to perform for a period of twenty-one (21) days after written notice of default from the other party. The performance period may be extended to allow a reasonable time period to cure the default. Any notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. All parties to this agreement shall have all rights and remedies provided by law. 16.4. Notices. All notices or other communications under this Agreement shall be delivered to the addresses after each signature. Notices shall be in writing and either: (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, (iii) deposited in the U.S. Mail with certified mail postage prepaid and return receipt requested, or (iv) delivered by nationally recognized overnight delivery service with signature required. Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered seventy-two (72) hours after deposit. If sent by overnight delivery, notice shall be deemed delivered forty-eight (48) hours after deposit. ( 16.5. Counterparts and Recording. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Pursuant to RCW 36.70B.190, this Agreement or memorandum thereof shall be recorded with the Kittitas County Auditor and during the term of this Agreement shall be binding on the parties, their successors and assigns. IN WITNESS THEREOF, this Agreement is effective on the date of the last signature below. KITTI'rARCOUNTY Approved as to Iorm: By............ __. .._...__......._.—_ Name: ii µ -itii Name s -i - _ County Prosecuting Attorney County Commissioner Dated: Dated: _. ..;.'i CLE SLUM PINES EAST LLC R CLE SLUM PINES WEST LLC By Its: KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: APRIL 10, 2017 TOPIC: SIX YEAR PLAN AMENDMENT ACTION REQUESTED: DIRECT STAFF SCHEDULE A PUBLIC HEARING AMENDING THE CURRENT SIX YEAR TRANSPORTATIONPLAN Lf"AD STAFF: dark R. Cook RECOMMENDATION: Direct staff schedules a public hearing amending the current six year transportation improvement plan. BREIFING SUMMARY: • Recent decision funding the I lwy 97 roundabout at Dolarway requires amending the current six year transportation improvement plan • Staff has recently negotiated delivery of the Teanaway FLAP grant drainage improvements away from FIIWA • Environmental permitting timelines make delivery of Manastash washout repair doubtful for 2017 • Staff desires to accelerate delivery of Road 81 pedestrian improvements BACKGROUND: Public Works annually produces a six year transportation plan for Road Fund investing. The current plan does not consider the 5445,000 recently dedicated to support construction of Dolarway roundabout improvements. Changes to the annual construction program and six year plan require public hearing. The Board of County Commission may adopt staffs proposal or amend it as a result of public comment. Recent actions in Design/Construction suggest other changes may be appropriate to consider at this time. DISCUSSION: Staff has recently completed discussions with FH WA to return project delivery to the County. We now anticipate constructing Teanaway drainage improvements in 2019. Extended winter conditions in Manastash did not support additional survey information needed by our Hydraulic consultant supporting environmental permitting timelines. Construction of Manastash improvements cannot be completed in 2017. The gap created by delaying Manastash presents an opportunity to accelerate delivery of 81 Road pedestrian improvements. Page I of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT FISCAL IMPACTS: The 2017 construction program is reduced by $280,000. The 2018 construction program is reduced by $457,000. The 2020 program increases by S263,000. A comparison of all six year impacts can be evaluated by comparing EXHIBIT 1 (current adopted six year) with EXHIBIT 2 (proposed revisions to the adopted six year). ATTACHMENTS: EXIIIIBT 1: ADOPTED 2017 SIX YEAR TRANSPORTATION IMPROWMENT PLAN EXHIBIT 2: PROPOSED REVISIONS TO "FILE ADOPTED 2017 SIX YEAR PLAN Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT FXIIII3IT I: ADOPTED 2017 SIX YEAR TRANSPORTATION IMPROVEMEW PLAN Page 3 of A PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT NI) NIB Nfa ]OW M11 NE Curten'Pllnpr[e ar 3 mc�eon�r�,er _ It C. MY Road Gonahuctloa lm m mems aa—,o -a'-- uen o,out,amlae o J J Ml tab 1e 11.W g Tmeum ROMern Theep Wpew,Y anCaa an k no ewh I.— ad .allmnuu alope Snuo., e ito m vpwremme.aweel GYM eaOmMp.n Eanka 11G 5 np 9gnXmvrovemrum uua-lanemwl Reawesuntlm up l�Ie am Nv adl SX[hlmpwnmman w RXa,eenenaa. nws a...mm oRmX k1 aw u1 akpww¢Iwpr. wea,-err wew yMnwxn p�relryvu BNSF IK UMP'�N ] ]JV I] RO [uNe. 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