HomeMy WebLinkAboutResolution_Interlocal_FCZD and KCCDKITTITAS 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 Kittitas County Conservation
District
BACKGROUND: Replacing the current Ellensburg Water Company canal
crossing at Whiskey Creek with a siphon under the creek
was included in the Flood Control Zone District Six Year
Capital Facility Plan, due to the flood alleviation and fish
passage benefits it will provide.
Kittitas County Flood Control Zone District and
Conservation District staff propose working together
through an interlocal agreement to complete final design
for the siphon structure.
The Kittitas County Conservation District is experienced
working with irrigation companies and districts to design
and implement siphon projects.
This activity is included in the 2021 Flood Control Zone
District budget and Kittitas County Conservation District
Board president signed the Interlocal Agreement.
INTERACTION: Public Works, Prosecuting Attorney's Office, and the
Kittitas County Conservation District.
RECOMMENDATION: Approve a Resolution to Authorize the Chair's Signature
on an Interlocal Agreement between Kittitas County Flood
Control Zone District and Kittitas County Conservation
District.
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 Kittitas County Conservation District
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 and Kittitas County Conservation District are public agencies
within the meaning of chapter 39.34 RCW, 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 86.15.035 provides for flood control zone districts to participate in and
expend revenue on cooperative watershed management arrangements and actions,
and
WHEREAS: The Kittitas County Flood Control Zone District has included the Whiskey Creek
at Ellensburg Water Company Siphon Project in its 2021 Six Year Capital Facility
Plan for flood conveyance and fish passage benefits, and
WHEREAS: The Kittitas County Flood Control Zone District has included design funding for
the Ellensburg Water Company Siphon Project in its 2021 annual budget, and
WHEREAS: The Kittitas Conservation District is experienced designing and managing
irrigation district siphon and fish passage projects and has experience working
with Ellensburg Water Company on previous siphon projects; and
WHEREAS: The Kittitas County Flood Control Zone District, Ellensburg Water Company and
the Kittitas County Conservation District desire to work together in support of the
Whiskey Creek at Ellensburg Water Company Siphon 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 the Kittitas Conservation
District.
DATED this 16" day of March 2021, at Ellensburg, Washington.
Attest:
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Brett Wachsmith, Chairman
Laura Osiadacz, Vice -Chairman
Cory Wright, Commissioner
INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD
CONTROL ZONE DISTRICT AND KITTITAS COUNTY
CONSERVATION DISTRICT
This Interlocal Agreement is made and entered into this _day of 2021, by and
between Kittitas County through the Kittitas County Flood Control Zone District (hereinafter the
"Flood District") and the Kittitas County Conservation District (hereinafter the "Conservation
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 and the Kittitas County Conservation District are public agencies
within the meaning of chapter 39.34 RCW; 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 86.15.035 provides for flood control zone districts to participate in and
expend revenue on cooperative watershed management arrangements and actions; and
WHEREAS, the Kittitas County Flood Control Zone District has included the Whiskey Creek at
Ellensburg Water Company Siphon Project in its 2021 Six Year Capital Facility Plan for flood
conveyance and fish passage benefits; and
WHEREAS, the Kittitas County Flood Control Zone District has included design funding for
the Ellensburg Water Company Siphon Project in its 2021 annual budget; and
WHEREAS, the Kittitas Conservation District is experienced designing and managing irrigation
district siphon and fish passage projects and has experience working with Ellensburg Water
Company on previous siphon projects; and
WHEREAS, the Kittitas County Flood Control Zone District, Ellensburg Water Company and
the Kittitas County Conservation District desire to work together in support of the Whiskey
Creek at Ellensburg Water Company Siphon Project;
NOW THEREFORE, it is agreed as follows:
INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE
DISTRICT AND KITTITAS COUNTY CONSERVATION DISTRICT
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 Flood District and the Conservation
District to work cooperatively to perform the Scope of Work identified in Exhibit A and
for the Flood District to provide funding to the Conservation District for the completion
of these tasks. The Flood District Administrator will accept the final bid ready plans and
specifications (Exhibit A, Task 4) upon satisfaction that the Scope of Work has been
completed and with acceptance of same from the Ellensburg Water Company.
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
Conservation District to complete the scope of work identified in Exhibit A (Whiskey
Creek — Ellensburg Water Company Fish Passage Improvements). In addition to the
costs specified in Exhibit A ($78,865), payment of up to $4,000 for costs incurred by
Conservation District staff for project management and administration are allowed.
Payment for satisfactory performance shall not exceed $82,865 unless the parties
mutually agree in writing to a higher amount.
5. Billing Procedure. The Conservation District 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 Flood 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 Conservation District is: Anna Lael, 2211 W
Dolarway Road, Ste 4, Ellensburg, WA 98926. Telephone: 509-925-3352 ext. 7.
The Agreement Administrator for the Flood District is: Arden Thomas, 411 North Ruby
Street, Suite 1, Ellensburg, WA 98926. Telephone: 509-962-7523.
INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE
DISTRICT AND KITTITAS COUNTY CONSERVATION DISTRICT
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 BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE
DISTRICT AND KITTITAS COUNTY CONSERVATION DISTRICT
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 BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE
DISTRICT AND KITTITAS COUNTY CONSERVATION DISTRICT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first written above.
KITTITAS COUNTY
CONSERVATION DISTRICT
4" a
Mar Moore, Board of Supervisors
Attest:
KITTITAS COUNTY
Brett Wachsmith, Chairman
Attest:
Clerk of the Board
Approved as to Form:
County Prosecuting Attorney
INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE
DISTRICT AND KITTITAS COUNTY CONSERVATION DISTRICT
EXHIBIT A
Scope of Work
Whiskey Creek — Ellensburg Water Company Fish Passage Improvements
INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE
DISTRICT AND KITTITAS COUNTY CONSERVATION DISTRICT
KITTITAS COUNTY CONSERVATION DISTRICT
WHISKEY CREEK — ELLENSBURG WATER COMPANY FISH PASSAGE IMPROVEMENTS
SCOPE OF WORK
February 5, 2021
At the request of the Kittitas County Conservation District (KCCD), this Scope of Work outlines tasks
associated with preparing an engineering analysis and design for the Whiskey Creek crossing of the
Ellensburg Water Company (EWC) canal located northwest of the City of Ellensburg, in Kittitas County,
Washington.
Presently, Whiskey Creek drops beneath the EWC canal in a corrugated metal culvert. The Washington
Department of Fish and Wildlife (WDFW) passage and diversion screening inventory database lists the
Whiskey Creek at EWC culvert as a fish barrier due to the culvert slope. The Whiskey Creek crossing EWC
canal, shown on Figure 1, would be made fish passable by constructing canal headwalls and forcing the
canal water to pass beneath the creek in a siphon, allowing the creek to be a natural and free flowing
stream. There is no water pickup or delivery by EWC at the Whiskey Creek crossing, but an EWC spillgate
at this location will need to be incorporated into the analysis and design. Also, a Whiskey Creek channel
spanning precast concrete bridge will be incorporated into the design for canal operations.
TASK 1- PROJECT MANAGEMENT AND MEETING ATTENDANCE
Anderson Perry & Associates, Inc. (AP) will attend a kickoff meeting with the canal owner/operator(s) to
discuss concepts and gather information related to design criteria. AP will prepare invoices based on
employee timesheet review and accrued project expenses. The monthly invoices will be sent by email to
KCCD staff and accompanied with a brief monthly progress summary and progress status. AP will
prepare meeting notes after each meeting.
Deliverable
❑ Invoices, Project Status, and Meeting Notes
TASK 2 - SURVEY AND DATA COLLECTION
AP will collect survey data necessary to develop the basis of design engineering report for the project
site. The survey will include topographic information at the existing diversion, water surface elevations
(including estimated irrigation water surface elevation and Whiskey Creek ordinary high water mark),
and coordination with EWC staff. Utility identification and locates will be included as needed. A pebble
count survey will be completed as part of the field work. Finally, a base map will be generated for the
design. AP will prepare a Geotechnical Report for the site using backhoe test pits excavated to
approximately 20 feet or refusal. Test pit logs will be developed for each test pit, including depths to
groundwater, soil type, and characteristics and included in the Geotechnical Report.
Deliverables
❑ Site Survey
❑ Pebble Count
❑ Geotechnical Report
2/5/2021 Anderson Perry & Associates, Inc.
5\Docs\KCCD\157-16 Whiskey Creek—Ellensburg Water Company fish Passage Improvemems\Agreement\Scope of Workrloo Page 1 of 3
TASK 3 — BASIS OF DESIGN ENGINEERING REPORT
AP will prepare a draft and final Basis of Design Engineering Report to be presented to Kittitas County
Conservation District (KCCD). AP will attend one meeting with EWC and KCCD staff and the Yakima
Tributary and Access Habitat Program's Technical Work Group to discuss recommendations and design
considerations related to the engineering report and developing the conceptual design. The report will
discuss alternatives, including advantages or disadvantages for each alternative, special considerations,
describe the recommended conceptual design, and engineer's estimate of probable cost. This report will
define design criteria as well as preliminary hydrology and hydraulics and will develop channel profiles
for the canal and creek.
Based on this scope of work request from KCCD, AP expects the recommended alternative will be a
siphon for the EWC canal. AP will prepare 30 percent design plans for the EWC siphon and Whiskey
Creek crossing. AP will also prepare a preliminary cost estimate.
Deliverables
❑ Basis of Design Engineering Report
❑ 30 Percent Design Plans
❑ Preliminary Cost Estimate
TASK 4—DESIGN ENGINEERING WHISKEY CREEK
AP will prepare 60 percent, 90 percent, and final bid ready design plans; cost estimate; and Technical
Specifications for the Whiskey Creek crossing of the EWC canal, with the canal routed beneath
Whiskey Creek in a siphon and a precast concrete bridge crossing Whiskey Creek for canal operations.
AP will address each of the following components and other agreed upon improvements recommended
as part of the design:
1. Supply drawings, quantities, and other pertinent information for completion of the permitting
process as requested.
2. Prepare updated final Basis of Design Engineering Report to support design preparation.
3. Address all comments obtained during the two design review meetings.
4. Prepare response to comments for EWC, Kittitas County, Bonneville Power Administration,
WDFW, and others on a one-to-one basis and updating the Basis of Design Engineering Report
accordingly.
5. Prepare detailed construction plans, notes, specifications, and details for all items required for
the successful completion of the project.
6. Prepare a preliminary construction schedule.
7. Prepare a detailed cost estimate for the labor and materials of the proposed construction
activities sufficient to complete the project.
Deliverables
❑ 60 Percent Design Plans
❑ 90 Percent Design Plans, Specifications, and Cost Estimate
❑ Final Bid Read Design Plans and Specifications
2/5/2021 Anderson Perry & Associates, Inc.
S:\Docs\KCCD\157-16 Whiskey Creek—Ellensburg Water company Fish Passage I mprokements\Fgreemenl\scope of Work dock Page 2 of 3
TASK 5 — MANAGEMENT RESERVE
This task will be a management reserve budget to be used upon specific request by the Client. The
management reserve may be used for Client directed changes, modifications, or additional work items
not covered by the existing budget.
PROJECT LIMITATIONS AND ASSUMPTIONS
This proposal does not include the following but may be added by contract amendment:
1. Easements
2. KCCD or EWC to provide backhoe excavated test pits
3. Kittitas County bridge or roadway modifications
4. Individual irrigation system improvements
5. Major creek realignment or modifications outside of the current design
6. Hydrology modeling and flood routing
7. Bidding and construction administration assistance
SUMMARY OF ESTIMATED COSTS FOR SERVICES
The estimated costs for performingthe above tasks are not to exceed $78,865 without prior approval.
Enclosed is an Engineering Fee Estimate with hourly cost breakout. Actual cost will be based on time and
materials, in accordance with the attached Engineering Fee Estimate and engineers current Hourly Fee
Schedule. The hourly fee schedule will be updated in April of each year.
2/5/2021 Anderson Perry & Associates, Inc.
5'\D0cs\KCCD\157-16 Wh[skey Creek— Ellensburg Water Company F66 Passage Impr,eements\Agreement\Scope O Workdoa Page 3 of 3
KITTITAS COUNTY CONSERVATION DISTRICT
WHISKEY CREEK - ELLENSBURG WATER COMPANY FISH PASSAGE IMPROVEMENTS d Q fa/�5pnpd(�enion
ENGINEERING FEE ESTIMATE BBMofAEbe m
February 5, 2021 ..�.......a ..���
inx 0ewrlpllen
ryeun Ill.[lt
Meur[
En. Cmt
Heua[
M. cnt
Moun
Fv. tett
Mouv
Ep. fax
Heun
Em c"t
Maun
FA. G[1
11,
51X3 -.0x M....—I, aM AII.......
em/cm,yb atue
0 5
$ AAI.
$
-
$ -
5
$
"kA. ItAlle". V¢n
-
5 ygp0
5
13
$ ],6x0
pezie^Bewe. meeunx.131
51,
11
5
Taex r5ubwl.l
4 5 730
93
5 7,560
0
5
38
$w
D
$
0
5
0
$ 5
1:JMD
-:.:..
DbewfngMl.ep.
s0o
t.. �9lkAi:,�_ i:..__
•:
—..
-
4.-,
iu41TW1 E
,
1x,542
TAk,I:
Tvk3-Su neenN¢wafclka.
Torygrapbiesumb.b., akJwn
$ -
]
$
$
-
1
$
$
8
5 v
30
5
5 31 $
4,990
peEDN cwm FaWxlDn
5 -
5 -
$
-
3
5
x
5
5 -
5 5 $
64
5
5 $ -
e«eNnpialeapox
$
5 -
30
5
1p50.
$
ytt5
A.I.
Wnc
$
I5
5
-
5 1
$
j -
5 - 3 51.
mx:wblwn
o
a
sw
4P0
6]s
z
zw
)6
r'M6
�,- .,..,.. .. ....._.,_ ,, ....,_.-
viieC-I]�Rbkoe6]
zurv., Fw Dm.^5.ex15
LmD
Ink z 5421 $
53,155
lnx 6. eaak er pexin taein.enne Hepetl
xyb„ ia..A AIIA,
s
s
5
-It5
s.0
5
$
s 1, s
sin
Hr9¢ullI Mulrsa/.11�t $M.yI
5 -
$
$
60
j AM
4
j 542
k
$ t1tI$
- [_ 3z $
wxepimpwwmeim
5
4
j 720
5
-
$
5
36
$ P.
5 -EL45 51,171
areDnR Raliminag0eslm HepoIt
5
j -
$
ID
$ 6p50
$ iw
4sm
ary Dexvn Ilk-
5 -
5 -
$
$r
3
s 35D
3
5
j - Y" r3 $
3.]05
au,Irry avmnn/puvmy eaItI.1 lnel
5
5
5
-
5 am
5 -
5 -
5 y5
inx 35ubtoYl
0 5 -
e
5 rpw
D
1
wr
5 "1".
5 4042
215
2,205
0
5 5
1'x42
p«x wttlmx..p,we.t 5
-
Tnx0 -O Fnvinwnneryb¢xry4eeX
�'9
A.
j
$
x
bt
5
X030
3
35
S 2,425
5 L14. 5
r1
nw Commen¢AtlErenetl
5 -
5
$
-
6
$
3
$ x50
$
$ 420
$ `je._ $
140
^ ent
$ -
33
5
x1.
S
$
m
$ E.mO
5
$ 635
16
5
$ - �arlis
)p]5
BO lk.t. bi
AEtlrtsSM
$ -
I.
$
$
-
5
5
$
5
1byd R -em I,m yd Smmema
iml8itl naaOy Ylun antlsptlfrtwien[
$
5
5
-
310
1,930
plxlry Aseln^«/3malmwmmllnNnd
4 $ 1
A$1.s
-
4
51.
1 ItI
5
s �(,{'
;360
)aM aSubwA1
. 5 ]m
.5
5 e,lw
.
j
Y.
79
5 9,990
e3
DI t [, tt
onl
Tma
il[X aeiw,i s
zs,nD
nM S-
eLenmuenedFdl¢I'd memn«uem
5
15721
Itt
5
x5
5
TS
- 5
Ilk SUMouI
D 5
m
5 rp0o
s
$
ns
60
$ 5 s0
x
52w$
5
0
71$
9Aw
sw
I. d
eww w.
[uemmy.m
a
pm¢ttm,amMa,n l,molol' ,lo
AN,.Ilbe oa h11e
dmawmrc be.p,o/a
maemllth,
TN 11 pnwea by, n4 bsm
t.
m.d,,,A
TOTAr<5T$
6. ranlntb„Iretlblywmeyb=... I,."Intl Bbp,s.bkanelnxwWe beaI kk,IMw e,e„n 1., xau
11,
168w At, thx wHmw
a.
,,7 Whiskey Creek &
rA
i
i ooc a
a