HomeMy WebLinkAboutResolution_Interlocal_FCZD and City of EllensburgKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: March 16, 2021
ACTION REQUESTED: Approve a Resolution to Authorize the Chair's Signature
on an Interlocal Agreement between Kittitas County Flood
Control Zone District and City of Ellensburg
BACKGROUND: The City of Ellensburg is finalizing design of flood
alleviation components at Dolarway Road (Reecer Creek)
and the regional project is expected to significantly
alleviate flooding in west Ellensburg.
The Kittitas County Flood Control Zone District is
partnering with the City and is offering engineering design
funding ($111,637) and once the design is complete, we
anticipate providing constructing financing support under a
separate future interlocal agreement ($888,363).
The City of Ellensburg Council took action on the
Interlocal Agreement during their March 1, 2021 City
Council meeting. The project is included in the District's
and 2021 Capital Facility budget.
The Board of County Commissioners directed staff to
prepare enabling documents for the Interlocal Agreement at
the January 25, 2021 Public Works Study Session,
INTERACTION: Public Works; Prosecuting Attorney's Office and City of
Ellensburg
RECOMMENDATION: Approve the Resolution Authorizing the Chair's Signature
on Interlocal Agreement between the Kittitas County Flood
Control Zone District and City of Ellensburg.
HANDLING: Return one original to Public Works.
ATTACHMENTS: Resolution; Interlocal Agreement
LEAD STAFF: Arden Thomas, Water Resource Program Manager.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2021 -
Resolution to Authorize the Chairman's Signature on an Interlocal Agreement Between
Kittitas County Flood Control Zone District and City of Ellensburg
WHEREAS: The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the
Revised Code of Washington ("RCW'), provides for public agencies to enter into
agreements for joint or cooperative action authorized under that chapter; and
WHEREAS: Kittitas County established a County -Wide Flood Control Zone District pursuant
to Chapter 86.15 RCW for the purpose of addressing flood management needs
within county; and
WHEREAS: RCW 86.15.080(8) provides for flood control zone districts to enter into
cooperative agreements with any political subdivision; and
WHEREAS: The City of Ellensburg is undertaking the Reecer Creek Flood Hazard Reduction
and Floodplain Restoration Project; and
WHEREAS: Flood Control Zone Districts can provide grant funds to political subdivisions of
the state that are located within the boundaries of the zone, so long as the use of
the grant funds is within the purposes authorized under Chapter 86.15 RCW; and
WHEREAS: The Kittitas County Flood Control Zone District has included a total of
$1,000,000 in funding for the Reecer Creek Flood Hazard Reduction and
Floodplain Restoration Project in its 2020 and 2021 annual budgets; and
WHEREAS: Kittitas County Flood Control Zone District and the City of Ellensburg desire to
allocate a portion of the funding ($111,637) to conduct Reecer Creek Floodplain
Mapping and Levee Certification Support Services in support of the Reecer Creek
Flood Hazard Reduction and Floodplain Restoration Project;
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the
best interest of the public, does hereby authorize the Chairman's signature on an Interlocal
Agreement between Kittitas County Flood Control Zone District and City of Ellensburg
providing $111,637 in design support for the Reecer Creek Flood Hazard Reduction project.
DATED this 16th day March 2021, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Brett Wachsmith, Chairman
Attest:
❑ Clerk of the Board- Julie Kjorsvik
Laura Osiadacz, Vice -Chairman
❑ Deputy Clerk of the Board- Mandy Buchholz
Cory Wright, Commissioner
INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD
CONTROL ZONE DISTRICT AND CITY OF ELLENSBURG
This Interlocal Agreement is made and entered into this day of , 2021, by and
between the City of Ellensburg (hereinafter the "City") and Kittitas County through the Kittitas
County Flood Control Zone District (hereinafter the "District').
RECITALS
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the
Revised Code of Washington ("RCW"), provides for public agencies to enter into agreements for
joint or cooperative action authorized under that chapter; and
WHEREAS, Kittitas County established a County -Wide Flood Control Zone District pursuant to
Chapter 86.15 RCW for the purpose of addressing flood management needs within the county;
and
WHEREAS, RCW 86.15.080(8) provides for flood control zone districts to enter into
cooperative agreements with any political subdivision; and
WHEREAS, the City of Ellensburg is undertaking the Reecer Creek Flood Hazard Reduction
and Floodplain Restoration Project; and
WHEREAS, Flood Control Zone Districts can provide grant funds to political subdivisions of
the state that are located within the boundaries of the zone, so long as the use of the grant funds
is within the purposes authorized under Chapter 86.15 RCW; and
WHEREAS, the Kittitas County Flood Control Zone District has included a total of $1,000,000
in funding for the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project in
its 2020 and 2021 annual budgets; and
WHEREAS, the Kittitas County Flood Control Zone District and the City of Ellensburg desire
to allocate a portion of the funding to conduct Reecer Creek Floodplain Mapping and Levee
Certification Support Services in support of the Reecer Creek Flood Hazard Reduction and
Floodplain Restoration Project;
NOW THEREFORE, it is agreed as follows:
INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS
TERMS
Legal Basis. This Agreement is entered into pursuant to Chapter 39.34 (the Interlocal
Cooperation Act) and Chapter 86.15 RCW (Flood Control Zone Districts).
2. Purpose. The purpose of this agreement is for the District to grant the City funding up to
$111,637 to assist with its implementation of the scope of work identified in Appendix A
and advance the Reecer Creek Flood Hazard Reduction and Floodplain Restoration
Project.
3. Term of Agreement. The term of this Agreement shall be from its effective date
through December 31, 2021 or as otherwise agreed to by the parties as provided in
Section 14 or terminated as provided in Section 16.
4. Payment. Payment shall be made on a reimbursable basis for costs incurred by the City
to complete the scope of work identified in Exhibit A (Amendment to Professional
Services Agreement between Aspect Consulting LLC and the City of Ellensburg). Costs
incurred before the effective date of this agreement are eligible for reimbursement.
Payment for satisfactory performance shall not exceed this amount unless the parties
mutually agree in writing to a higher amount.
5. Billing Procedure. The City shall submit invoices monthly. Invoices are to be sent to:
Kittitas County Department of Public Works, 411 North Ruby Street, Suite 1, Ellensburg,
WA 98926, Attn: Arden Thomas, and will be paid within thirty (30) days of receipt by
the District. Upon expiration of the Agreement, any claim for payment not already made
shall be submitted within thirty (30) days after the expiration date or termination of the
Agreement, whichever is earlier.
6. Contract Management. The Agreement Administrator for each of the parties shall be
responsible for and shall be the contact person for all communications and billings
regarding the performance of this Agreement.
The Agreement Administrator for the City of Ellensburg is: Mr. Jon Morrow, 501 North
Anderson Street, Ellensburg, WA 98926. Telephone: 509-962-7007.
The Agreement Administrator for the District is: Ms. Arden Thomas, 411 North Ruby
Street, Suite 1, Ellensburg, WA 98926. Telephone: 509-962-7523.
INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS
7. Maintenance of Record. Each party hereto agrees to maintain books, records and
documents using accounting procedures which accurately reflect all direct and indirect
costs related to the performance of services described herein. Each party may examine
the other party's books and records to verify the accuracy of invoices. Each party's fiscal
management system shall include the capability to provide accurate and complete
disclosure of all costs invoiced under this Agreement. All books, records, documents and
other materials relevant to this agreement will be retained for six years after expiration of
the Agreement, and the Office of the State Auditor and any persons duly authorized by
the parties shall have full access and the right to examine any of these materials during
this period. Each party will utilize reasonable security procedures and protections to
assure that records and documents provided by the other party are not erroneously
disclosed to third parties.
8. Indemnification. Each party agrees to be responsible and assume liability for its own
wrongful and/or negligent acts or omissions, or those of its officers, agents or employees
to the fullest extent provided by the law, and further agrees to save, indemnify, defend
and hold harmless the other party from any and such liability arising out of the
performance of this Agreement. In the case of negligence of more than one party, any
damages allowed shall be levied in proportion to the percentage of the negligence
attributable to each party. This indemnification paragraph shall survive the termination
of this Agreement.
9. Assignment. This Agreement cannot be assigned, transferred or any portion
subcontracted by either party hereto without the prior written consent of the other party,
which consent shall not be reasonably withheld.
10. Future Support. Neither party to this Agreement makes any commitment to future
support and assumes no obligation for future support of any activity contracted for herein,
except as may be expressly set forth in this Agreement.
11. Compliance with Laws. Each party hereto, in its performance of this Agreement, agrees
to comply with all applicable local, State and Federal laws and ordinances.
12. Relationship of the Parties. In the performance of the work herein contemplated
(Exhibit A), the party performing the work is an independent contractor with the
authority to control and direct the performance of the details of the work; however, the
work contemplated herein shall be subject to the general rights of inspection and review
of the party requesting the work be done, to secure the satisfactory completion thereof.
INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS
13. Jurisdiction. Any legal dispute between the parties to this Agreement shall be governed
by the laws of the State of Washington, and any action to enforce this Agreement shall be
brought in Kittitas County, Washington.
14. Modification. The provisions of this Agreement may be modified or amended only by
written mutual agreement of the parties, executed by personnel authorized to bind each of
the parties.
15. Waiver. A failure by either party to exercise its rights under this Agreement shall not
preclude that party from subsequent exercise of such rights and shall not constitute a
waiver of any other rights under this Agreement unless stated to be such in a writing
signed by an authorized representative of the party and attached to the original
Agreement.
16. Termination. This Agreement shall remain in full force and effect until terminated on
December 31, 2021, by mutual written agreement of the parties, or by written notice of
termination given by one party to the other at least thirty (30) days prior to the date of
such termination.
17. Agreement Not for Benefit of Third Parties. This Agreement is entered into solely for
the benefit of the parties hereto and vests no rights in, or is it enforceable by, any third
parties.
18. Severability. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid provision, if
such remainder conforms to the requirements of applicable law and the fundamental
purpose of this agreement, and to this end the provisions of this Agreement are declared
to be severable.
19. Filing. This Agreement shall be filed with the Kittitas County Auditor, or, alternatively,
listed by subject on each or either party's website or other electronically retrievable
public source pursuant to Revised Code of Washington 39.34.040.
INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first written above.
AttPCt-
Approved as to Form:
l
City Attorney
KITTITAS COUNTY
Brett Wachsmith, Chairman
Attest:
Clerk of the Board
INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS
EXHIBIT A
Amendment to Professional Services Agreement
Between Aspect Consulting, LLC and the City of Ellensburg
INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS
Aspect
,CONSULTING
Amendment to Professional Services Agreement
Amendment No.: I
Project No.: 200064
Date: July 6, 2020
Client: City of Ellensburg
Project Name: Reecer Creek Floodplain Mapping and Levee Certification Support Services
Description of Amendment
Cost
Aspect Consulting, LLC (Aspect) is providing this Amendment No. 1 in order to
(206) 328-7443
continue providing on-call Reecer Creek floodplain mapping and levee certification
23 South Mission Avenue, Suite C, Wenatchee, WA 98801
support services to the City of Ellensburg (Client). To date, Aspect's project work
Yakima Office:
has included:
(509) 895-5957
• Reviewed flood mapping products from the County's consultant (WSE).
• Reviewed FEMA levee certification guidance, USCOE levee design standards,
and FEMA levee freeboard reduction request guidance.
• Developed a levee certification strategy for discussion with the City and the
Amendment No. 1 Cost:
County's floodplain mapping consultant, WSE.
$15,000
• Held a conference call with WSE to review their flood mapping products,
Aspects design products, the levee certification strategy, and data sharing and
coordination goals.
Total Revised
• Held a conference call with the City to discuss the levee certification strategy,
Agreement Section 5
the WSE meeting, and recommended next steps.
and Exhibit D Cost:
• Transferred Aspect's Reecer Creek project data to WSE for updated modeling.
$30,000
• Prepared a memo summarizing work conducted, coordination with WSE, levee
certification strategy, and recommended next steps.
• Continued to coordinate with WSE on the status of additional modeling.
Amendment No. 1
• Researched HPA regulations for work above the OHWL.
Services Will Be Billed
• Held a conference call with the City to refine the levee certification strategy,
on a Time and Materials
Basis according to the
particularly related to the 1-90 tie-in.
Rate Schedule included
• Reviewed information regarding the 1-90 levee tie-in vicinity, the 1-90 bridge,
as Exhibit C with the
and the City's path through the bridge.
original Agreement.
• Researched Corps standards for levee-floodwall transitions.
• Developed I-90 levee-floodwall tie-in schematics for discussion with the City.
• Held a conference call with the City to discuss meeting with the County FCZD
and likely future tasks necessary to obtain levee certification.
• Scheduled another conference call with WSE (for June 29a').
This amendment revises Section 5 and Exhibit D of the Professional Services
Agreement between Aspect and the City (dated February 7`h, 2020) to provide
additional funding for Aspect to continue services as described in Task 1 of Exhibit
A of the agreement. Expected services under this amendment include: additional
conference calls/meetings with the City, County, and WSE; reviewing and
commenting on WSE modeling products; additional coordination with FEMA;
development of additional levee/road/swale modification concepts; and other related
work.
Bainbridge Island Office:
350 Madison Avenue North, Bainbridge Island, WA 98110
(206) 780-9370
Bellingham Office:
907 Harris Avenue, Suite 301, Bellingham, WA 98225
(360) 746-8964
Seattle Office:
401 Second Avenue S, Suite 201, Seattle, WA 98104
(206) 328-7443
Wenatchee Office:
23 South Mission Avenue, Suite C, Wenatchee, WA 98801
(509) 888-5766
Yakima Office:
123 East Yakima Avenue, Suite 200, Yakima, WA 98901
(509) 895-5957
W W W.aspectconsulting.com
Amendment No. 1
Project No. 20064
Assumptions: The effort involved to continue Task I is uncertain, therefore Aspect's
work will be conducted on a flexible time and materials basis not to exceed the total
amended budget without City approval.
This change amends the agreement between Aspect Consulting, LLC & the City of Ellensburg dated February
7111, 2020. Except as amended above, all terms and conditions of the agreement apply to this contract change.
ASPECT CONSULTING, LLC
By:
a limited liability company
Printed Name: John Knutson, PE
Principal Water Reso ce n ineer
Office: Yak'
a
By:
CLIENT
Printed Name/Date:
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