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HomeMy WebLinkAbout2020-10-26-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday October 26, 2020 - 1:30 PM Webex 1. Call to Order 2. Thrall Road Speed Study Results 3. Floodplains By Design Request for Support 4. Water Metering Waiver of Fee Request 5. Water Resources Consulting Services 6. Other business 7. Adjourn Created on 10/22/2020 10:21:46 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES Webex Regular Meeting MONDAY 1:30 PM OCTOBER 26, 2020 Board members present: Chairman Brett Wachsmith, Vice -Chairman Laura Osiadacz, Commissioner Cory Wright Others: Mark Cook, Candie Leader, Arden Thomas, Josh Fredrickson, Public Works; Dan Carlson, Jessica Miller, Mike Flory, Jeremy Johnston, Community Development Services; and One (1) Member of the Public At 1:31 pm Chairman Brett Wachsmith opened the Public Works Study Session. THRALL ROAD SPEED STUDY RESULTS Mark Cook gave background on the speed study process and introduced Josh Fredrickson to discuss the results for the Thrall road speed study. Josh Fredrickson stated that a resident on Thrall Road requested a speed study be conducted from Number 6 Road to Moe Road due drivers traveling above the posted speed limit. Josh Fredrickson explained the speeds being traveled on the stretch of roadway and reported that there have been nine (9) accidents total in the past five (5) years and the roadway experiences a high volume of truck traffic. Josh Fredrickson continued that staff is looking for direction on scheduling a public hearing. Discussion was held. Staff was directed to schedule a public hearing at the next agenda session. FLOODPLAINS BY DESIGN REQUEST FOR SUPPORT Mark Cook gave background on Floodplains by Design and the funding the Department has received on previous projects in the County. Mark Cook stated that the group he belongs to is requesting support by legislative authorities for municipalities in the state for the new biennium funding request. Discussion was held. Staff was directed to forward the letter of support for signature. WATER METERING WAIVER OF FEE REQUEST Arden Thomas stated that staff is seeking permission to waive the inspection fee for a customer that was given incorrect information on the need to obtain a water meter at certificate of occupancy. Arden Thomas gave background on the water metering program and the changes made along with the work being done to get customers into compliance with the program. Arden Thomas added that the customer is requesting the one fee be waived but would be paying the other fees associated 2020-10-26 MINUTES with water metering. Discussion was held. Staff was directed to waive the fee for this customer. WATER RESOURCES CONSULTING SERVICES Arden Thomas stated that staff is seeking direction today on this topic. Arden Thomas gave background on the existing agreement with Aspect for consulting services related to the water banking program. Arden Thomas continued that the agreement has no end date and a number of contract changes have been implemented to add new tasks to the original scope of work. Arden Thomas added that staff would like to finish out the tasks under this agreement, close out the agreement and then solicit for on-call services to address future services that may be needed. Discussion was held. Staff was directed to finish out the tasks under the current agreement then solicit for on-call services. Meeting adjourned at 1-:48 pm. 2020-10-26 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMNUSSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: October 26, 2020 TOPIC: Thrall Road Speed Study Results ACTION REQUESTED: Schedule a Public Hearing Receiving the Engineer's Report on the Request for Speed Reduction LEAD STAFF: Mark R. Cook RECOMMENDATION: Schedule a public hearing for November 17, 2020 receiving the County Engineer's report on the request for speed reduction on Thrall Road (MP 0.0 to MP 1.10). BRIEFING SUMMARY: • Thomas Bull (Bull Brothers Farms, Inc.) requested a speed study on Thrall Road (MP 0.0 to MP 1.10) on September 25, 2020. • The speed study was conducted on 10/01/2020 to 10/08/2020. • Average daily traffic of 1,643 total vehicles in the week with 410 trucks (25%). • Even distribution eastbound and westbound. • 85% speed at 58 Miles Per Hour (MPH). • Nine accidents in the past five years with one being an injury accident. BACKGROUND: Responding to a request for speed study on 912512020, Public Works deployed traffic data collectors 10/01/2020 and collected through 1010812020, The study segment on Tbrall Road (MP 0.0 to MP 1.10) contains 25 percent truck traffic within the average daily traffic distribution of vehicle size. Traffic is evenly split east and westbound (49.7% and 50.3%). 85' percentile speeds (eastbound and westbound) are 58 MPH and 57.7 MPH. DISCUSSION: The relatively large percentage of truck tragic is likely due to agriculture uses in the area. 85th percentile speeds suggest the road segment is easily capable of managing design speed and the current speed limit of 50 MPH. Reducing the speed to the requested 35 MPH is expected to adversely impact agricultural uses in the area. The recorded nine accidents in five years consist of eight property damage and one injury accident. The injury accident report is not available at the time of this briefing. Page 1 of 4 PUBLIC WORKS BOARD OF COUNTY COMNIISSIONERS WORK SESSION STAFF REPORT FISCAL 1UTACTS: None. ATTACHMENTS: Exhibit 1: Speed Reduction Request Exhibit 2: Speed Study Results Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: SPEED REDUCTION REQUEST Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMYHSSIONERS WORK SESSION STAFF REPORT BULL BROTHERS FARMS, INC. 509-899-0858 rag1ng@e111gl. ngt September 25, 2020 Candie Leader Administrative Assistant hGttitas County Department of Public Works 411 North Ruby, Surte 1 Ellensburg, WA 98926 �V*o SEP 25 2020 KITTITAS COUNTY DEPT OF PUBLIC WORKS Dear Candie, I am writing to you to request that the Department of Public Works perform a traffic speed study on Thrall Road from the intersection of No. 6 Road to the intersection at Moe Road. The current speed limit is fifty miles per hour. I am requesting that it be lowered to thirty five miles per hour. I have farmed along that portion of Thrall Road for a period of over forty years. As the population has increased and more citizens have moved to the Badger Pocket area the number of vehicles have greatly increased. The orchard business has also had the effect of increasing the number of vehicles that travel that stretch of Thrall Road. In the last few years there have been several accidents in the area next to my property. Most have been vehicles traveling at excessive speeds and distractive driving behavior that have caused them to depart from the roadway. Operating farm equipment along that section of road has become very challenging, and quite dangerous. I am also requesting that a radar speed unit be placed for a reasonable length of time along the East bound lane ofThrafl Road adacent to my farm shop building just prior to the left curve in the roadway. I am attaching a depiction of the location. Thank you in advance for your help in this matter. Sincerely, / � � � x 6-4 Thomas Bull 9/25/2020 satellite maps - Bing https:/Iwww.bing.com/maps?q=satell ite+maps&cvid=d2215eab02694b6998db1 CdObf41 bded&FORM=ANAB01 &PC=LCTS 212 MUM 2: SPEED STUDY RESULTS Page 4of4 PUBLIC WORKS BOARD OF COUNTY CONMISSIONERS WORK SESSION STAFF REPORT Road Number 96751 185% Speeds Road Name Thrall Rd EB 58.00 MP . 2.760 `WB 57.70 ` 57.85 Begin Count Date 10/1/2020 Thursday Begin Time . 7:56 AM End Count Date 1018!2020 Thursday End Time 8:19 AM Total Hours ` 168.38 Total Das 7.0 COMBINED TOTAL 11516 Bikes 0.005 TOTAL / TOTAL DAYS 1641 Cars & Trailer 0.493 FACTOR 1 2 Axle Long 0.231 Buses 0.022 2 Axle 6 Tire 0.187 COMBINED T®YACs Single 3 Axle 0.004 Single 4 Axle 0.001 Average Total 1641 Double a 5 Axle 0.032 Adjusted ADT 1641 Double 5 Axle 0.005 Double > 6 Axis 0.005 °1° PERCENTAGE Multi a6 Axle 0.001 Mutli 6 Axle 0.001 Multi >6 0.0141.00 Cars, Pickups &Trailers 1233 9.75 Singles 315 0.19 Doubles 69 0.Q4 Trains 26 0.02 TOTAL TRU KS 410 TOTAL 1643 1.00 -TRUCK % 0.25 GROSS ANNUAL TONS: �ao000 TRUCK ROUTE CLASS: Kittitas County Public works ROAD NAME v.&I/1V # 96 7.5 ( Begin Count Date �, — /— Z02 v End Count Date Ithl mo=o Counter Number Z Z 6.q North Arrow A4 P 6. -76 Time -7 Time 9t, o, ZE M t W oCr A46e l2cA %Veftc ,f 57-vW4/ Sketch counter location, identify tubes, distance tubes apart, and distance to nearest cross roast or other identifying point. ffic Tech z6 -w Date Posted H A a p O O O C p a O M of M 1+1 10 1t ,-I 1 n .-1 H a o p P C X-:5 O O C O O a 0 a rl -{ -1 -A A ..d 4 N 1 .-t .4 O o Q O C w A a } 0 ID p Qg m V ad a:3 o A 0 a a 7 Ln O O a m �n 7 v 0 V a 000aoopao.-e0000poa-aoopo o,v o v o 0 0 0 0 0 0 0 0 0 0 0 o c o 0 o ci o 0 0 0 o O p O 0 p 0 Ct C Cf O p 0 0 0 i0 o p o g v d O. 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(IN 301N ON 9 ON / X1. GM UBZOi O 7i a eOZ C C ❑I 3 :0 P C6x ry W w d! MW N ❑ t EO OI ti a � � m C ❑ a E F O 7i G � eOZ C m 3 :0 P C6x ry W w IL MW N ❑ t EO � T "O � � � C ❑ a E _ A 6 = O a a N ` y o 6 u 4 U LL En G C� W O d 01 A C G d N y� RASa t C!1 LL F Orr4 0 an inm n c W O N G � eOZ m 3 :0 P C6x ry W w IL MW N Z ❑ O � T "O � � yq U ❑ KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: October 26, 2020 TOPIC: Floodplains by Design Request for Support ACTION REQUESTED: Authorize the Chairs' Signature on the Floodplain by Design Support Letter to Governor Jay Inslee LEAD STAFF: Mark R. Cook RECOMMENDATION: Authorize the Chair's signature on the floodplain by design support letter to Governor Jay Inslee. BRIEFING SUMMARY: • Floodplain by Design (FbD) program is soliciting local support of program funding in 2021 (Ranked list is provided as EXHIBIT 1) • A support letter is being provided to local jurisdictions for use. • 2021-2023 biennium budget request is $86,784,967. BACKGROUND: Public Works secured $4.2 million in program funding in the 2019-2021 biennium budget acquiring Flying M and M Farm ranches (EXHIBIT 2). The program stresses the importance of integrated floodplain management activities. The FbD strategic committee is circulating a letter for local decision -maker support (EXHIBIT 3). DISCUSSION: The FbD program has proven its value conserving and enhancing floodplain activities over the course of the past several biennium budgets. The acquisition of M Farm allowed the county to retire its back -mitigation obligations supporting the water bank program and conserving significant upland area for long term operations of Twin City Foods. Floodplain, wetland and riparian habitat enhancements may hold the key to allowing the formulation of a mitigation bank supporting Bowers Field capital improvements. The pending acquisition of Flying M enhances our water position in the marketplace and adds opportunities for Floodplain, wetland and riparian habitat enhancements. I currently sit on the program's strategic group at the request of the Nature Conservancy. The $70 million budget is in line with the previous biennium budget request. The group is contemplating requesting funding at a list level, meaning cutting off at a project level of funding. That strategy is not represented in this request. Page 1 of 5 PUBLIC WORKS BOARD OF COUNTY COXMSSIONERS WORK SESSION STAFF REPORT FISCAL MWACTS: Requesting the $70 million is unlikely to receive full funding in the 2021-2023 biennium. ATTACHMENTS: Exhibit 1: 2019-2021 Project list Exhibit 2. 2021-2023 Project list Exhibit 3: Letter and electronic mail request Page 2 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: 2019-2021 PROJECT LIST Page 3 of 5 PUBLIC WORKS BOARD OF COUNTY CONVIMISSIONERS WORK SESSION STAFF REPORT PROJECT SUMMARY OVERALL RANK 5 STREAM NAME/ TRIB TO Coleman Cr / Wilson Cr WRIA NUMBER - NAME 39 - Upper Yakima SPECIES AFFECTED CHNK, COHO, STHD, RT SCOPE Restoration SPONSOR Kittitas Co CD PATHWAY Watershed: Wilson -Cherry # OF BARRIERS: SITE IDs 1: Co105.09 TOTAL LINEAR GAIN 0.35 Miles TOTAL REQUESTED AMOUNT $1,306,080 BARRIER SUMMARY SITE ID Co105.09 FEATURE TYPE Culvert % PASSABILITY 33 OWNERSHIP County - Kittitas ROAD NAME Vantage Hwy 8f Page EXHIBIT 2: 2021-2023 PROJECT LIST Page 4 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT F ... DEPARTMENT OF ECOLOGY State of Washington 1 ` Floodplains by Design • REDUCING RISK, RESTORING RIVERS - Final 2021-2023 Floodplains by Design Proposed Funding List ., King County Water Land and Restoring Snoqualmie River Floodplain Resources Division Processes Jamestown S'Klallam Tribe Dungeness River Floodplains and Farmlands 2 i i Pierce County Puyallup Watershed Floodplain forthe Future 3 '+ Walla Walla Conservation Mill Creek Floodplain Improvements District 4 } Stevens County Land Services Colville River Floodplain Improvement Department 5 ' City of Kent Downey Farmstead Restoration 6 + Whatcom County Public Works The Nooksack River: Floodplains that Work Phase 2 7 F ! Snohomish County Public Community Floodplain Solutions Works Hood Canal Salmon Lower Big Quilcene River and Estuary Enhancement Group Restoration 9 King County Water Land and Pacific Right Bank Flood Protection Resources Division 10 Yakima County Public Services Naches-Cowiche Flood Risk Reduction Department and Floodplain Restoration Phase 2 11 ' t Mason Conservation District Skokomish Watershed Ecosystem and Floodplain Restoration Phase 3 12 Stillaguamish Watershed Integrated Stillaguamish Tribe of Indians Floodplain Management 13 Wild Fish Conservancy Cherry Valley Initiative 14 Clallam County Community Dungeness Streamflow Restoration Off- Development Channel Reservoir 15 Yakima County Public Services Ahtanum Creek Diversion Modifications Department 1fi City of North Bend South Fork Snoqualmie River Levee 17 Setback Yakima County Public Services Naches-Rock Creek Confluence Department Restoration 18 # City of Tukwila Nelsen Side Channel 19 Jefferson County Public Health Dosewallips River Integrated Resiliency a nd Stewa rdship 20 ' ' ' Floodplain by Design Facilitation and The Nature Conservancy1 TechnicolAssistonce N/A Notes I Approximately 3% has been added to each project funding request for Ecology's administrative costs. 2 The running total includes funding that will support The Nature Conservancy's (TNC) continued support of the Floodplains by Design program. As the primary partner in this public-private partnership, TNC will provide statewide technical assistance, technical studies, and facilitation of public -private -tribal advisory groups related to implementing capital projects. TNC will also contribute $200,000 in grant match and significant additional in- kind contributions. EXHIBIT 3: ELECTRONIC MAIL REQUEST WITH DRAFT SUPPORT LETTER Page 5 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT From: Bob Carey Subject: Action Needed by 11/3: Floodplains by Design sign -on letter! Date: Monday, October 19, 2020 1:01:41 PM Attachments: FbD letter to Goyemor for FY21-23 capital budget funding.pdf Dear Floodplains by Design Network, It's that time again: time to urge Governor Inslee and the Legislature to support the Department of Ecology's $70 million capital budget request for Floodplains by Design. Last biennium, Floodplains by Design received more funding than it ever has before: $50.4 million was allocated to support integrated river management projects that are reducing flood risk to homes, farms and businesses, restoring fish habitat and enhancing recreation opportunities. This is thanks in large part to a groundswell of supporters like you! This year may look a little different, but we know that the benefits Floodplains by Design brings to communities across Washington are as crucial as they've ever been to the resilience of our river systems, our economy and our communities. To once again demonstrate the breadth of support for Floodplains by Design, we are asking elected officials, tribes, local governments, conservation organizations, salmon recovery groups, flood control districts, farmers and other individuals and groups to sign on to a letter in support of this bnenniUM!s S70 million capital budget request. We will send the letter to Governor Inslee in early November, when he will be writing his budget. We will send identical letters to capital budget writers in both Legislative chambers once session is underway in January. Please visit the sign -on form here to add your name and/or the name of a group or government you represent by November 3rd. If you have any questions or trouble with the form, contact brittany.gal IagherCrDtnc.ore_ Once you've signed on, please forward the letter to others you know who support Floodplains by Design! Thank you for all you do. Bob Carey Pronouns: he/him Strategic Partnerships Director cargy@tnc.ora (360)333-1898 The Nature Conservancy 410 N. 4th Street Mount Vernon, WA 98273 1 1 • • O , DRAFT FbD capital support sign -on letter: Governor's 2021-23 budget (Fall 2020) The Honorable Jay Inslee Governor of Washington Office of the Governor P.O. Box 40002 Olympia, WA 98504-0002 November 2, 2020 Dear Governor Inslee, Thank you for your support of Floodplains by Design, a popular, cost-effective public -private -tribal -agricultural partnership that delivers critical results for communities, conservation and Washington's urban and rural economies. We write today to respectfully request that you include $70 million in your 2021-23 biennial capital budget for Floodplains by Design. Administered by the Department of Ecology, Floodplains by Design has been supporting tribal nations, farmers, and flood managers across the State to transform how floodplains are managed since 2013. With $165 million in public funds appropriated by the Legislature since then, Floodplains by Design (FbD) projects funded between 2013 and the current biennium have leveraged $$XXXX [we are awaiting this #] from other sources. Local demand for this type of collaborative multi -benefit investment has only grown and become more sophisticated in its abilityto provide local results and leverage public investment. Among the 2021 FbD projects are broadly supported packages that protect farmland; restore estuaries; remove, improve or set back levees, improve agricultural drainage, reduce flood hazards, restore salmon and shellfish habitat, and more. These projects are the result of hard work by local governments, tribes, farmers, watershed groups, the conservation community, salmon recovery advocates and state and federal agencies to come together to craft creative and unique suites of actions that deliver reach and watershed scale change. They would create an estimated 1,169 jobs impacting at least 38 legislative districts throughout the state, many of which are currently experiencing nearly double-digit unemployment. Floodplains by Design projects reduce flood risk, restore salmon habitat, deliver vital resources in support of agriculture, increase access to public lands and outdoor recreation, and create local jobs. This funding is a tremendous investment opportunity. By prioritizing and rewarding collaborative, integrated decision-making, the State can reduce conflict in local communities and better spend limited public dollars. Investment in Floodplains by Design, paired with flood dollars, salmon and orca recovery investments and agricultural programs can begin to deliver results at a pace and scale demanded by growth, climate change and failing infrastructure. Washingtonians depend on healthy, livable, safe floodplains, and local communities need state support and incentives to better manage river systems in holistic way that builds community, economic and environmental resilience. At a time when Washington's iconic orca and the salmon they depend on are in peril, Floodplains by Design has reconnected more than 7,000 acres of floodplain — critical habitat for chinook salmon — and restored more than 50 miles of river. Climate change is increasing flows in our rivers by tens of percentage points and flood managers are working hard to reduce risk and protect public safety. Since 2013, Floodplains by Design projects have removed 434 homes and other structures from high-risk areas and reduced flood danger in 59 communities. Farmland in Washington state is disappearing at an alarming rate, increasing floodplain development pressures and associated flood risk. Floodplains by Design projects have protected more than DRAFT FbD capital support sign -on letter: Governor's 2021-23 budget (Fall 2020) 1,300 acres of working lands, including farmland, dairies, aquaculture sites and ranches, creatively funded projects that keep critical floodplain dairies viable by investing in new technologies to treat dairy waste while improving water quality, and improved infrastructure benefitting another 7,800 acres of working lands. Resilient communities The program not only helps sustain local economic productivity, the infrastructure works it funds creates hundreds of local high -paying engineering and construction jobs. This year has been remarkably challenging for Washingtonians across our state in many ways —with a public health emergency, continued climate -change exacerbated disasters, social unrest and economic losses for many. Beyond the health impacts of COVID-19, community and economic systems are strained, and workers across the state have lost their livelihoods. Capital investments get people to work. Capital investments in flood risk reduction simultaneously protect communities from devastating floods that would be even harder to recover from. Investments in salmon recovery sows the seeds for a return of harvestable fish for cultural, recreational and commercial purposes. Investment in our farm communities keeps food local, keeps our economy diversified and supports hard hit rural communities. It has also been a time when more and more families find solace in the outdoors. Floodplains by Design has created or improved 25 public areas where Washingtonians and visitors can go to find respite and renewal in nature — creating more opportunities for improving not just physical resilience, but spiritual resilience as well. It's clear that now, more than ever, it is time to invest in Washington's people and natural places. Floodplains by Design supports cultural, ecosystem and economic well-being — since 2013, it has created 2,755 new jobs across Washington, supporting 45 watershed -scale projects in 16 counties. Scientists find fish in the newly built restoration sites, farmers see another year they can farm, and many people are proud to have jobs that contribute to a State they love. By working toward the goals held by diverse people in a community and by working at a landscape scale, communities are coming together to shape their communities so they are more resilient to the impacts of climate change — including abnormally destructive floods, mudslides and extreme storms. A record of results From the Olympic Peninsula to the Palouse, and Bellingham to Vancouver, Floodplains by Design projects have improved outcomes for flood risk reduction, working lands and fish and wildlife habitat along 15 major rivers. Flood managers, tribal nations, farmers and community organizations are developing clear plans for how to solve their community problems. This is much-needed work. As communities work together more closely and link funding sources, staff resources, and previously disconnected plans — a path forward is ever increasingly emerging. Because communities are seeing actual results that matter, resources better leveraged, and time spent more efficiently, the program continues to grow as a trusted tool that can respond to creative solutions brought forward by local collaborations. More than half the 7,217 acres of floodplains FbD projects have reconnected since the program began is the result of work that was funded in the 2019-21 biennium, when the Legislature appropriated $50.4 million for the program — its highest appropriation yet. Floodplains by Design is poised to rapidly scale up multiple -benefit results in communities across Washington with increased public investment. With a capital investment of $70 million, Floodplains by Design projects would leverage an additional $79,003,090 from other sources -- more than doubling the value of every capital dollar. DRAFT FbD capital support sign -on letter: Governor's 2021-23 budget (Fall 2020) Time to Invest We ask for your support for $86 million in capital funding for Ecology to incentive collaboration on flood risk reduction, salmon recovery and working lands protection and enhancement through its Floodplains by Design program. Such an investment will increase our collective climate resilience, get Washingtonians back to work, reducing risk, protecting land and water and restoring habitat and perhaps most importantly fuel the hope and hard collaborative work represented in the suite of projects that are ready to go. Thank you. Respectfully, The Undersigned* To sign on: [link to form] or email brittanv.gollaoher@tnc.org with your name, title and the name of the organization or entity you represent. Elected Officials Tribal Nations and Tribal Entities Local Governments Conservation Organizations Businesses and Economic Development Associations Community Groups / Other Signatories *every project sponsor should be represented on this list, and should circulate this letter to their project partners, vendors/contractors, local elected officials, and relevant stakeholders* cc: OFM NB: 2019-21 signatories to letter to cap budget writers, Feb 2019: Elected Officials John Akers, Ellensburg City Manager Chairman Ron Allen, Jamestown S'Klallam Tribe Commissioner Ron Anderson, Yakima County Councilmember Richard Brocksmith, City of Mount Vernon Chairman Roswell J. Cline, Nooksack Tribal Council Executive Dow Constantine, King County Mayor Joan Cromley, Town of Hamilton Executive Bruce Dammeier, Pierce County Councilmember Todd Donovan, Whatcom County Commissioner Rand Elliott, Yakima County Commissioner Charlotte Garrido, Kitsap County Mayor Craig George, City of Dayton Commissioner Merle D. Jackson, Columbia County Commissioner Mike Leita, Yakima County Executive Jack Louws, Whatcom County Mayor Jon Mutchler, City of Ferndale Commissioner Mark Ozias, Clallam County Commissioner Norm A. Passmore, Columbia County Commissioner Kevin Shutty, Mason County DRAFT FbD capital support sign -on letter: Governor's 2021-23 budget (Fall 2020) Executive Dave Somers, Snohomish County Chairman Jeromy Sullivan, Port Gamble S'Klallam Tribe Councilmember John Stokes, Bellevue City Council Commissioner Michael A. Talbott, Columbia County Councilmember Derek Young, Pierce County Chairwoman Marie Zackuse, Tulalip Tribes Tribal Nations and Tribal Entities Confederated Tribes of Umatilla Indian Reservation Jamestown S'Klallam Tribe Nooksack Tribe Point No Point Treaty Council Port Gamble S'Klallam Tribe Skokomish Department of Natural Resources Stillaguamish Tribe Tulalip Tribes Local Governments Bellevue City Council City of Dayton City of Ellensburg City of Sumner Clallam County Columbia County Kittitas County Mason County Town of Hamilton Whatcom County Yakima County Flood Control and Water Management Districts and Associations Diking District #5 of Wahkiakum County Northwest Regional Floodplain Managers Association Snohomish County Public Utility District Snohomish County Surface Water Management South Lynden Watershed Improvement District Salmon Recovery Boards and Enhancement Groups Hood Canal Salmon Enhancement Group North Olympic Salmon Coalition Puyallup and Chambers Salmon Recovery Lead Entity Citizens Committee Skagit Fisheries Enhancement Group Skagit Watershed Council Snohomish Basin Salmon Recovery Forum Sound Salmon Solutions WRIA-8 Salmon Recovery Council Yakima Basin Fish & Wildlife Recovery Board Conservation Districts Mason Conservation District Pierce Conservation District Snohomish Conservation District Walla Walla County Conservation District Conservation Organizations American Farmland Trust American Rivers Chelan -Douglas Land Trust Earth Economics EarthCorps Emerald Alliance for People, Nature and Community Forterra Friends of the San Juans Inland Northwest Land Conservancy Lower Columbia Estuary Partnership National Fisheries Conservation Center Okanogan Land Trust PCC Farmland Trust RE -sources for Sustainable Communities/North Sound Baykeeper Skagit Land Trust Stewardship Partners The Nature Conservancy The Trust for Public Land Washington Association of Land Trusts Washington Water Trust Willamette Partnership Businesses and Economic Development Associations Anchor QEA Cardno Carlstad Consulting Environmental Science Associates Gray & Osborne, Inc. Herrera Environmental Consultants DRAFT FbD capital support sign -on letter: Governor's 2021-23 budget (Fall 2020) Klesick Farms Natural Systems Design Northwest Hydraulic Consultants Parametrix Shannon & Wilson, Inc. Taylor Shellfish Farms Transmedia Vision Community Groups and Other Signatories Sustainable Lands Strategy The Russell Family Foundation Whatcom Family Farmers KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: October 26, 2020 TOPIC: Request to waive metering fee for a customer who learned after obtaining a certificate of occupancy that a meter is required. ACTION REQUESTED: Direction to staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct staff to waive meter inspection tee for a customer who learned about the metering requirements after receiving his certificate of occupancy for his new residence. BRIEFING SUA04ARY: • In May 2018, Kittitas County required that all new uses of groundwater for domestic purposes in Kittitas County (within the Yakima River Basin) using wells meter their mitigated water usage and pay an annual fee associated with the administration of a metering and monitoring program. • After this new requirement took effect, there were instances where customers understood late in the building process that these new metering regulations applied to them. • Water Resources staff have taken numerous steps that now ensure that customers are not only notified but understand the metering requirements before submitting building plans. • To help achieve voluntary compliance for a customer who was given incorrect metering information and obtained a certificate of occupancy without meeting the metering requirement, Public Works staff requests that the meter inspection fee be waived. This customer would still be required to enter into a metering agreement and pay the annual metering fee. • Staff does not have the authority to waive mitigation inspection fees. BACKGROUND: Ordinance No. 2018-009 amended Kittitas County Code Title 13 to require that all new uses of groundwater for domestic purposes in Kittitas County (within the Yakima River Basin) using wells meter their mitigated water usage and pay an annual fee associated with the administration of a metering and monitoring program. The current fees include a one-time inspection fee of $370 and an annual metering fee of $180. Currently Kittitas Pagel of 2 PUBLIC WORKS BOARD OF COUNTY COl CNHSSIONERS WORK SESSIOIr STAFF REPORT County provides the actual meters at no cost and reimburse installation costs up to $750, funded through a contract that we have with the Department of Ecology. A customer received clear direction that a meter was required after he was required to meter his groundwater use through the County metering program after he received his certificate of occupancy. Water resources staff has reached out to obtain voluntary compliance. The customer has requested that the meter inspection fee be waived since he previously obtained contradictory information from county staff about metering requirements. This customer would still be required to enter into a metering agreement and pay the annual meter fee. Staff does not have the authority to waive mitigation inspection fees. DISCUSSION: Water Resources staff have taken numerous steps that now ensure that customers are not only notified but understand the metering requirements early in the home building process. In addition to this notification during the Preliminary Site Analysis, customers must now enter into a metering agreement when they apply for an Adequate Water Supply Determination, before applying for a building permit. Water Resources staff have also worked with Community Development Services staff to improve communication and coordination so that customers do not receive their certificate of occupancy until after a metering inspection has been completed. FISCAL EMPACTS: The metering inspection would still need to occur and would not be covered by the inspection fee. However, Water Resources has sufficient budget to cover this inspection and is interested in resolving the issue, since we are currently allocating staff time to address this issue. Page 2 of 2 PUBLIC WORKS BOARD OF COUNTY CONNUSSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY CONMUSSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: October 26, 2020 TOPIC: Water Resource Consulting Services ACTION REQUESTED: Direction to staff LEAD STAFF: Arden Thomas RECONDJENDATION: Direct staff to prepare necessary contract change for consumptive use pilot project and prepare solicitation of on-call services for Water Resource Professional Services BRIEFING SUNEVIARY: • In 2013, Kittitas County and Aspect Consulting LLC entered into a Professional Services Agreement for services necessary for Kittitas County to establish a water mitigation bank. • The term of the Professional Services Agreement was defined as starting on the date the agreement was executed and continuing until the completion of the scope of work. • Since the contract was executed, a number of contract changes have been implemented to add new tasks to the original scope of work. There are two contract changes still in effect. • Staff recommends completing the current scope of work but not adding any new tasks to the scope of work. • Staff recommends soliciting for on-call task order consulting for professional water resources services, to address future professional service needs. BACKGROUND: In 2013, Kittitas County and Kittitas County and Aspect Consulting LLC entered into a Professional Services Agreement for services necessary to support and develop the Kittitas County Public Water Bank. The term of the Professional Services Agreement was defined as starting on the date the agreement was executed and continuing until the completion of the scope of work. The original scope of work included tasks necessary to establish the Kittitas County water bank, including addressing the Department of Ecology permitting requirements to enable Kittitas County to operate a water mitigation bank with water right recently secured. A number of contract changes have been made so that Aspect could continue to provide necessary services for the domestic water bank, as Kittitas County acquired additional water rights and to support necessarily permitting activities that would enable Kittitas County to expand their green and yellow zone Page 1 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT coverage and to issue water mitigation certificates in a more timely manner, resulting in the Over -the -Counter (OTC) mitigation process. Aspect Consulting LLC is currently conducting work specified in Contract Change 16 and Contract Change 27. No necessary changes have been identified to complete the scope of work identified in Contract Change 27. To complete the scope of work identified in Contract Change 16 (Consumptive Use Pilot Study), Aspect Consulting LLC requires additional funding. Water Resources Staff supports the cost increase request and recommends executing a contract change to sufficiently fund this work element. DISCUSSION: As of September 1, 2020, Kittitas County's water mitigation and metering program became part of the Public Works Department. Public Works staff expects that technical water resource services will still be necessary to further support program development, especially as Kittitas County continues to advance "red zone" solutions. Public Works staff would like to contract for services in a manner that is consistent with other recurring professional services needs in the Department, which is to solicit for on-call services, establish professional service agreements with a defined agreement period, and to execute task orders as project developed by the county identify the need of hired consultants with water resources expertise. FISCAL IMPACTS: Consulting services would be funded through Water Resources fees and revenues. ATTACHMENTS: Exhibit 1: Professional Services Agreement between Kittitas County and Aspect Consulting, LLC. Exhibit 2: Contract Change 16 Exhibit 3: Contract Change 27 Page 2of5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Professional Services Agreement between Kittitas County and Aspect Consulting, LLC. Page 3 of 5 PUBLIC WORKS BOARD OF COUNTY COXMSSIONERS WORK SESSION STAFF REPORT PROFESSIONAL SERVICES AGREEMENT This Agreement is made by and between Kittitas County (hereinafter "the County') and Aspect Consulting LLC (hereinafter collectively "Contractor"). The County and Contractor agree as foilows: General Conditions; Exhibit A (Scope of Work and Budget); Exhibit B (Compensation); Exhibit C (Proof of Insurance). copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein. The term of this Agreement shall commence on the date of last execution of this agreement indicated on the following signature sheet and continue until completion of the project as described in Exhibit A (Scope of Work and Budget). Any party may terminate this Agreement by giving thirty (30) days' notice in writing either personally delivered or mailed postage -prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. Contractor acknowledges and by signing this Agreement agrees that the Indemnification provisions set forth in Paragraphs 7 (independent Contractor), 9 (Taxes), 15 (Defense and Indemnity Agreement), 21 (Patent/Copyright infringement) and 24 (Confidentiality), are totally and fully part of this Agreement and have been mutually negotiated by the parties. Professional Services Agreement with Aspect Consulting LLC Page 1 IN WITNESS WHEREOF, the parties have executed this Agreement this&-th day of c 4-P-4- 2013. CONTRACTOR w.,o0. Daniel Haller, PE Contractor Address: APPROVED: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ABSENT Gary Bemdt hairmali C -Brae,, Vice -Chairman $\4N1111 fi:If !!7!/ F- ,.���,�.� colwiwl u ewell, Commissioner ./o z Ln Sri _V of the and Aspect Consulting LLC 123 E Yakima Ave, Suite 200 Yakima, WA 98901 Project Contact: Daniel Haller County's Address (use for billing): 205 West 51' Avenue, Suite 108 Ellensburg, WA 98928 Project Contact: Paul Jewell Kittitas County Commissioner Professional Services Agreement with Aspect Consulting LLC Page 2 GENERAL CONDITIONS 1. Scope of Contractor's Services: Contractor agrees to provide to the County services and any materials set forth in the project narrative identified in Exhibit "A" during the Agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. 2. Performance of Work: Contractorshall perform work in accordance with, and shall complywith, all of the provisions of this Agreement. All work shall comply with applicable codes and ordinances. 3. Schedule of Performance: Unless directed otherwise by the County, Contractor shall perform the work in accordance with any schedules made a part of this Agreement. 4. Definitions: 4.1 "Additional Insureds" means the County, its successors and assigns, and the respective directors, officers, employees, agents and representatives of the County and its successors and assigns. 4.2 "Support" means the following: Contractor's directors, officers, employees, agents and representatives; and sub -Contractors of any tier; the respective directors, officers, employees, agents and representatives of these sub - Contractors of any tier; and any other person or entity acting under the direction or control of, or on behalf of, Contractor or any Contractor's sub - Contractors of any tier in connection with or incident to the performance of the Work or this Agreement. 4.3 The "Work" means all of the duties listed in Exhibit A and the performance of all other obligations, under this Agreement by Contractor or its Support. 5. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shafl be based upon billings, supported unless otherwise provided in Exhibit "B", by documentation of units of work actually performed and amounts earned, including where appropriate, the actual numberof days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit "B" or approved in writing in advance by the Kittitas County Board of Commissioners, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in performance of this Agreement. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, through the County voucher system, for the Contractor's service pursuant to the fee schedule set forth in Exhibit "B". Professional Services Agreement with Aspect Consulting LLC Page 3 6. Assignment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 7. Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent Contractor and nothing herein contained shall be construed to create a relationship of employer- employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. Contractor will defend, indemnify and hold harmless the County, its Additional Insured's, officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. S. No Guarantee of Employment: The performance of all or part of this Agreement by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any sub -Contractor or any employee of any sub -Contractor by the County at the present time or in the future. 9. Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to make withholding for any taxes other than income taxes (i.e. Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net income, or Professional Services Agreement with Aspect Consulting LLC Page 4 personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 10. Regulations and Requirement: This Agreement shall be subject to all laws, rules and regulations of the United States of America, and State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth herein or in the attached exhibits. 11. Right to Review: This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, but is not limlted to, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 6 years after contract termination, and shall make them available for such review, within Kittitas County, State of Washington, upon request. 12. Modifications: 12.1 Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 12.2 The County may, at any time, by written notice thereof to Contractor {"Change Notice') makes changes in the Work within the general scope of this Agreement, including, but not limited to: (a) changes in, revisions to, substitutions for, additions to or deletions of any Work; (b) changes in schedule; and (c) acceleration, deceleration or suspension of performance of any Work. 12.3 If any change in the Work causes an increase or decrease on Contractor's cost of, or the time required for, performance of the Work, an equitable adjustment in the compensation to Contractor and in the schedule for the performance of the Work shall be made to reflect such an increase or decrease. 12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Contractor must, within thirty (30) days after receipt of any Change Notice that does not set forth any acceptable adjustment, submit to the County a written statement setting forth any adjustment claimed. Professional Services Agreement with Aspect Consulting LLC Page 5 12.5 If any change results in a decrease in the Work performed, Contractor shall be entitled to compensation associated with changing the Work, such as revising design already completed, revising calculations already performed, and revising documents. 13. Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. If the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the best interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. In the event of such termination, an equitable adjustment shall be made in the compensation payable to Contractor. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. 15. Defense & Indemnity Agreement: The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional Insured's, appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its Additional Insured's, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any Professional Services Agreement with Aspect Consulting LLC Page 6 person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its sub -Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional Insured's, appointed or elected officials, agents, or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to claims against the County, its Additional Insured's, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 17. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 18. Withholding Paymerrt: In the event the Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated. 19. Future Non -Allocation of Funds: If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies. 20. Contractor Commitments Warranties and Re resentations: The Contractor represents and warrants to the County as follows: 20.1 The Contractor is duly incorporated, validly existing and in good standing under the laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement. 20.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the Professional Services Agreement with Aspect Consulting LLC Page 7 obligations of the Contractor under this Agreement in accordance with its terms. 20.3 This Agreement has been validly executed by an authorized representative of the Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. 20.4 The Contractor has or will obtain prior to the commencement date such licenses, permits and other authorizations from federal, state and other governmental authorities, as are necessary for the performance of its obligations under this Agreement. 20.5 The Contractor is not in violation of'any applicable law, ordinance or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. The Contractor is not subject to any order or judgment of any court, tribunal or governmental agency which materially and adversely affects its operations or assets in the State of Washington, or its ability to perform its obligations under this Agreement. 20.6 None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedules furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obligations contemplated under this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. 21. Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County; to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: 21.1 Contractor shall be notified promptly in writing by County of any notice of such claim. 21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County. 22. Disputes: 22.1 General Differences between the Contractor and the County, arising under and by virtue of the Agreement Documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits Professional Services Agreement with Aspect Consulting LLC Page 8 stated, the records, orders, instructions, and decisions of the Kittitas County Commissioners shall be final and conclusive. 22.2 Notice of Potential Claims The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 22.3. Detailed Claim The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the completion of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed to be due. 23. Ownership of Items Produced: Contractor acknowledges and agrees that upon payment, the County shall own any and all work product prepared by the Contractor, and/or its consultants or sub -Contractors, in performance of the scope of work as described in Exhibit "A" of this Agreement. Notwithstanding anything to the contrary contained herein, all previously owned intellectual property of Contractor, and any know-how, methodologies or processes used by Contractor to provide the services or protect deliverables to the County, including without limitation, all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto, shall remain the sole and exclusive property of Contractor. 24. Confidentiality: The Contractor, its employees, sub -Contractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attomey or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceedings seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its Additional Insured's, officials, agents or employees from all loss or Professional Services Agreement with Aspect Consulting LLC Page 9 expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 25. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the department head of the department for whom services are rendered, and to the Kittitas County Commissioners, 205 W 51" Ave, Suite 108, Ellensburg, WA 98928. Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 26. Severability: If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 27. Miscellaneous: 27.1 The County's failure or delay to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same shall be and remain in full force and effect. 27.2 This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior agreements, regarding the Work. No change, amendment or modification of any provisions of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. 27.3 The rights and remedies of the County set forth in any provision of this Agreement are in addition to and do not in any way limit any other rights of remedies afforded to the County by any other provisions of this Agreement, by any of Contractor's Support or by law. 274 The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 28. Waiver: Professional Services Agreement with Aspect Consulting LLC Page 10 Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 29. Survival: The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 28, 30, and 31, 32 shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 30. Nondiscrimination: 30.1 The County is an equal opportunity employer. 30.2 Nondiscrimination in Employment In the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply If the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs fortraining including apprenticeships. The Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscrimination in Services The Contractor will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. 30.4 if any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination. The Contractor shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. Professional Services Agreement with Aspect Consulting LLC Page 11 31. Prevailing Wage: Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Department of Labor and Industries. The schedule of prevailing wages rates for the locality or localities of the Work is determined by the industrial Statistician of the Department of Labor and Industries. It is the Contractor's responsibility to verify the applicable prevailing wage rate. It is understood that the Contractor is responsible for obtaining and completing all required government forms and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and Industries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060. 32. Debarment Certification: The Contractor certifies that it: 32.1 Is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. 32.2 Has not within a three-year period preceding the execution of this contract with Kittitas County, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements., tax evasion, receiving stolen property, making false claims, or obstruction of justice. 32.3 Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 32.2 of this section. 32.4 Has not within a three-year period preceding the preceding the execution of this contract with Kittitas County had one or more public transactions (Federal, State, or local) terminated for cause of default. 33. Source of Funds No portion of funds paid to Contractor for this work will be from a federal government source. Professional Services Agreement with Aspect Consulting LLC Page 12 EXHIBIT "N' SCOPE OF WORK and BUDGET Detailed Scope of Work and Deliverables Aspect Consulting, LLC (Aspect) understands Kittitas County (County) has submitted an application of a Water Right to the Washington State Department of Ecology (Ecology) to provide groundwater mitigation certificates and permits through its new established water bank. The county is also seeking to define the general permit process to develop a template for permits issued through its water bank for non-exempt uses. This scope of work outlines the tasks required to define the general permit process and develop a template permit. The proposal is separated into two phases based on the uncertainty present in the project approach on this innovative permitting approach. Phase 1 will include a coordination meeting with the County and Ecology, scoping, and development of a general permit outline. Phase 2 will include required procedural elements and development of the general permit template. The County's expectation is both phases are to be accelerated with a target completion date of the end of the year. Elements of each phase are described in the sections below. Phase 1 The purpose of the initial scoping phase is to understand the County's needs and Ecology's permitting requirements for issuance of a general permit for non-exempt uses. Phase 1 consists of the following tasks: Task 1— Kickoff Meeting Aspect will initially meet with the County to prepare for a joint Ecology/County meeting to develop a County -proposed permitting strategy. Then, Aspect will facilitate a meeting with Ecology and the County to propose the process and content of the general permit Report of Examination (ROE) to authorize issuance of water right permits. Aspect will advocate the County needs only one general permit template backed by four existing trust water rights. if Ecology determines additional templates are needed, we will propose to develop a single ROE template to include application-specific information, including an individual impairment analysis to support recommendations of the ROE. The goal of this meeting is concurrence on both the process and content of the ROE. Task 2 — Prepare Draft ROE Outline and Procedural Action Plan Under this task, Aspect will prepare an annotated outline of a draft ROE for review and comment from the County and Ecology. Aspect will describe the County's authority to issue mitigation certificates and permits and to determine whether the proposed water use meets the statutorily -required four-part test. Aspect will prepare an approach in the outline for addressing local impairment and impact to Endangered Species Act (ESA) listed species. Aspect will prepare an Action Plan to address required notices (public notice, Water Transfer Working Group review, internet posting). Aspect will also Professional Services Agreement with Aspect Consulting LLC Page 13 prepare a timeline for execution of the draft ROE, and timing expectations that can be conveyed to individual non-exempt applicants relying on the general permit process. Deliverables Aspect anticipates the following deliverables under Phase 1: • Annotated ROE Outline for General Permit; • Procedural Action Plan; • Timeline for Preparation of General Permit; and + Timeline for Execution of General Permit Approach for Applicants. Phase I Budget The estimated costs by task for Phase 1 are as follows: PHASE BY TASK ESTIMATED HOURS ASPECT FEES Task 1 -- Kickoff Meetings (2) 16 $2500.00 Task 2 — Prepare Annotated 24 $3400.00 ROE, Action Plan, Timelines Phase 1 Project Cost 40 $5900.00 Phase 2 The purpose of Phase 2 is to develop the full general permit ROE text and resolve required procedural steps necessary for streamlined permit processing. Because some Phase 2 elements are uncertain at this time, we have identified these topically. Task 1— State Environmental Policy Act (SEPA) and Public Notice Compliance Aspect will help the County resolve with Ecology in Phase 1 a SEPA compliance approach as part of the Procedural Action Plan. It may be that previous SEPA actions on trust transfers, coupled with any supplemental project -based SEPA requirements for individual developments, are adequate. Alternatively, there may be greater legal protections and streamlining opportunities if the County supplements existing SEPA determinations through a non -project SEPA determination at this time. Aspect can prepare a State Environmental Policy Act (SEPA) Checklist and draft a Mitigated Determination of Non - Significance Determination (MDNS). Additionally, Aspect can draft a Public Notice template specifically for this general permit process. Aspect can support the County and Ecology by reviewing and addressing comments received through SEPA, the Public Notice process, and comments by the WTWG. Task 2 — Draft ROE Review with Ecology and County Aspect will author a draft version of the ROE and submit for review and comment. We will then meet with Ecology and the County to get feedback on the draft ROE and to discuss any comments. We will incorporate edits and submit the final draft to Ecology. Aspect anticipates that the transition from the ROE Outline to the full template will take Professional Services Agreement with Aspect Consulting LLC Page 14 approximately 24 to 36 hours, with the exception of the local impairment section. Aspect will work with Ecology and the County to determine the appropriate level of effort to address in this section to best streamline the process. A local impairment analysis in this phase may include reviewing the County's mitigation pian and hydrogeology memos used to establish suitability zones, detail from projects of who have already received building permits, but are likely not meeting the standard in Campbell and Gwinn, as well as local interference and potential ESA -impacts in tributaries. Task 3 — Additional Meeiings and Communication Aspect anticipates the need for additional meeting and communication with the County, Ecology, or others as directed by the County. Aspect would propose to include facilitation and attendance of up to 4 meetings amongst Ecology and the County, the Water Transfer Working Group, or other stakeholders as directed by the County. Schedule We propose to complete Phase 1 within three weeks of receiving authorization to proceed. Depending on the agreed procedural and substantive approach in Phase 1, we anticipate completing Phase 2 within 4 to 12 weeks after Phase 1 is completed. Phase 2 Budget Because of the uncertainty in Phase 2, we propose to provide this budget at the end of Phase 1 when SEPA compliance and local impairment levels of effort are better known. We believe that a transition from the ROE Outline to full general permit template would take on the order of 24 to 36 hours, with additional effort for local impairment, notices, SEPA compliance (if needed), and meetings. Professional Services Agreement with Aspect Consulting LLC Page 15 EXHIBIT 'B" COMPENSATION This is a performance-based contract, in which payment to the CONTRACTOR is based on the successful completion of expected deliverables. Kittitas County shall pay the Contractor in accordance with the Budget for Phase 1 and Phase 2 as described in Exhibit A. Contractor shall submit itemized invoices for completed work no more than once every 30 days during the term of the contract. Billing address: Kittitas County Auditor Attn: Water Banking Program 205 W 5t" Avenue, Suite 105 Ellensburg, WA 98926 Professional Services Agreement with Aspect Consulting LLC Page 16 EXHIBIT "C" The Contractor shall secure and maintain in effect at all times during performance of the Work such insurance as will protect Contractor, its Support and the Additional Insured's from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the work or this Agreement, whether such performance is by Contractor or any of its Support. All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by the County. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. The Contractor shall provide proof of insurance for: 1) Commercial General Liability Insurance. Coverage limits not less than: • $1,000,000 per occurrence per project • $2,000,000 general aggregate ■ Certificate Holder -- Kittitas County ■ The Certificate must name the County as additional insured as defined below ■ Sixty (60) days written notice from Contractor to the County of cancellation of the insurance policy. 2) Stop Gap/Employers Liabili Coverage limits not less than: • $1,000,000 each accident • $1,000,000 disease — policy limit • $1,000,000 disease — each employee Thirty (30) days written notice from Contractor to the County of cancellation of the insurance policy. 3) Commercial Automobile Liability Insurance. ■ Automobile Liability for owned, non -owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9946 endorsement attached if 'pollutants' are to be transported. ■ Coverage limits not less than: $1,000,000 combined single limit Thirty (30) days written notice from Contractor to the County of cancellation of the insurance policy. Professional Services Agreement with Aspect Consulting LLC Page 17 4) Excess or Umbrella Liability. The Contractor shall provide Excess or Umbrella Liability coverage at limits of $5,000,000 per occurrence and annual aggregate. This Excess or Umbrella Liability coverage shall apply, at a minimum, to both the Commercial General and Auto Insurance policy coverage. This requirement may be satisfied instead through the Contractor's primary Commercial General and Automobile Liability coverage, or any combination thereof. 5) Workers' Compensation. ■ Workers' Compensation in amounts required by law. Contractor shall furnish the County a Certificate of Insurance with Endorsement as evidence that policies providing insurance required by this Agreement are in full force and effect, and name the County as additional insured, excluding i) Workers Compensation and ii) Commercial Automobile Liability, where County will not be named additional insured. Contractor hereby waives all rights of recourse, against Kittitas County for personal injury, including death, and property damage. Contractor's insurance policies required above shall be primary insurance and shall be non-contributing with any other insurance maintained by Kittitas County. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are obtained by subcontractors. NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with Endorsement, properly completed and in the amount required, is attached hereto. Professional Services Agreement with Aspect Consulting LLC Page 18 EXHIBIT 2: Contract Change No. 16 Page 4 of 5 PUBLIC WORKS BOARD OF COUNTY CON IMSSIONERS WORK SESSION STAFF REPORT t I NO Core Change 9 I :These. services wi U.. lit .provided of t And Materials basisi. ww"Opec"Witt"-com T$wk It 52,000 Task :14. $3400. Changs Order No, 16 l?rs�ject Nc�. 150�"l�: The dial. desr:gn, will iimIude: a teehruoal me.thorrar lura Outlining the problem stawment and investigatory njohodology, with details describing the construction details, vendor specifications, quality control measures, and input from basin sfakebolder.s. Tom.- —ot#lnnnd Monitoring. Under this task Aspect will; Task 3,1 $7,500: I Condtxt a site inspecdon to document construction of a representative home and sem, includia.g.;cofuation of mew installation (per mw-ufactu r speciftatidn) and locatlons: ? * Conduct. site-mewuroments iiii ae.wrdanao. with design.(Taslc 2); * Take constrwtion .photos and GFS i nmuirements to correwith � parcel. ihforiwiOn. f Vie anticipatethe pilat study to be at least 16 to 14 rttonths to duration. we s agsu thio Counq -A- ill provide the raw t0ranary water rneu-,r c to on a monthly, basis. Aspect will cvalu this data (assurr6 two hours per mbpth): andl Ovide an email status z to includins an estimate of cot sU ptiue uso. The ;upda : will be suitable for distribution to basin -stakeholders. Talc 4 -- Pxepar'atsl of Thncal Regorf, [ l:nx#erltis task Amt will. c€ b1pt% and pratluev a. Whaical report: d0immonting design, construction, i ,and iinplementatio afthe consumptive use pilpt study. "The report will l ` conclude:with ars esti-nate of consumptive use and addttionall observation and/or reacornrnendations, as =Wc'd: ToL Promote cost efficiency, [ documentation p oduced under Task 2 Wil1:be directly incorporated into the rqarL A &aftre.port will be provided for early group review. In additi rt, we have budgeted for one meeting with the grog to discuss findings of the :rejort. Following fe.4 lotion o.t any comments, a. teal report wil :bc produced. Thus change amends contract betwom Aspect Consulting, LLC and Client da ASPECT eON€iMTING LLC u 1%arl>�d.ii�tti(v eAm�trr CLIENT By. Printed N100W, inn D. Carlson it : - w . vakima i V 15033Blfit}i#asCm rtty, Cenecpl;PermitTerhni"I. Sj Coft. ump&eWe Plloo.d tax Page 2 EXHIBIT 3: Contract Change No. 27 Page 5 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2020- o -& RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT EXECUTION WHEREAS, Kittitas County and Contractor entered into a professional services contract on November G, 2013; and WHEREAS, section 12 of the contract authorizes modifications that are in writing and signed by the parties; and WHEREAS, both the County and the Contractor desire to amend the contract in the manner detailed in the attached Contract Change that is hereby incorporated by this reference; NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, authorizes execution of the contract amendment attached hereto and incorporated herein. DATED this y ofda . •` .' 2Q20, at Ellensburg,Washington. �' B Q.ARD OF C UUN. ' . 0lVlt ISSIONERS l jT':0'rA TY ASl = ON i w , .� 4C Commissioner .`leek of the w ,❑ Deputy Clerk of -'. Board L ProjectName: Potential A€luifer Recharge: Site -Nane' ��... ing, WA B8225' 907 Harris Avenue, Suite 301, Bellham Descriptionof Work t Cost' Kittitas:County (County) has. broad:�coverage in its water bank for developable Aspect:vvill complete lets m'tlte County, uwell as full -back -mitigation for existing rural exempt users anis work an a.time- through its implementation efforts from 2009 to 20.19. In 2020,. the Eomnty& goal and materials::b is is m not -to -exceed, 1. Expand parcel suitability in areas whore significant development potential - n $10 000 rmiains and a rnitiga'tioiri project is likely to be: successful. Yakima Office: . . Aspect Consulting, .LLC (Aspect} has been'assisting the County on water bank (509) 896-5957 implementation since 2014: and proposes to provide technical assistance as www.aspectconsultingxo m fgllows Task.]: Upper Teanaway and Piaeniaiten::itigatiou Developable lots exist:ih these subbasins that, despite the::County's best efforts,.: do not have a likely Rill -season water rightidentificdo for acquisition and .144igation. The County has developed options for mitigation in these locations by collecting furxcls i for i&lieu npn-water right acquisition l3 oiects;.',and bypartnering WA' laical developers on a consumptive use: recharge pilot'. Potential exists to : develop. reg.ional aquifer recharge sites in the Teanaway and Naenum basins that. earl mitigat' n: for the rettaaining developable Igts using a 1Uture ccfst-share With those lot owners. Depending on local site conditions, opportunities may also exist 1 for instream flaw enhancement goals as. part of.the'Yakima. Int egrated.Plan, and funding from that source or the Streamflow Restoration Grant Oregram. may exist i if the proof of concept can be demonstrated: 'fo investigate the fieasibility of regional mitigation in:these hard-to�serve areas, Aspectwill:: A. CoordinW with the County to ,identify and �escribe:potentialpriority locatrotis: in the Upper Teanaway and Naenutn basins: B, Deseribe.the ownership slid access characteriskics.of These sites, c. Use V61bgiC 0.rk.dsoll mappinlg topred'iet ranges of infltraticsn rates thateoulti. be aVailab:le in target locations; D, Use: analytical methods toestimate likely fate.,, transport, and ,1iming:of water, ..._ At the. 6t6s: ... . . Bait bddge fs nd Dffl6ix 350: Madisgn Avenue: N4riii; 136in6idge Island, yllfA 9811 Q (z06) ,780-9370 Bellingham office: ing, WA B8225' 907 Harris Avenue, Suite 301, Bellham (860) 746-8364 Bend:Office: 532 5W 13th St„ Ste: I 01,bendi 01 977132 (97118W.6806 Seattle Off eo. 710 ;Zns1 Avs, Suite 560,:Seattle WA::90104 (206) 328-7443 Portland €bfPlae: 522 SW Fifth A"m)a, 5uita 3 l' Portland; OR 97204 (9711865-:5894 Wowbee office: 23, South Mission Street, Suite C, Wenatchee; WA 96801 0W. 988-S766 Yakima Office: 123: EastYak!me Avenue, Shite 2QQ, Y. akinia, WA 98901 (509) 896-5957 www.aspectconsultingxo m Change Order No. 27 Project No. 150338 F Provide example water budgets for typical Package A and Package B mitigation requirements. Aspect will summarize its findings in a technical memo and meet with the County. The goal is to provide foundational proof of concept support at these sites for one or more grant applications in the 2021 funding cycle for a pilot demonstration project. Aspect will complete this work on a time -and -materials basis, not to exceed $10,000. This change amends contract between Aspect Consulting; LLC and Client dated 'November 6,.2013 and incorporates the attached Schedule of Charges. Except as amended above, all terms and conditions of contract M2! to this contract than e. By: ASPECT CONSULTING, LLC a limited Iiabdily company printed !Name: Daniel R. Helier PE Princi , 1. Water Reso . As Engineer. Office: Yakima AL By: CLIENTPrinted Name/Date:. r �' 1 f T F VAI 60338 Klttltas County General Permit Technical AssistancelContractsWroposal Materlal%CC27_20200203 150338_KittltasCountyNaneum Rscharg@Site.docx Page 2