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HomeMy WebLinkAboutResolution_ILA State Parks_GingkoKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS 2021 AGENDA STAFF REPORT AGENDA DATE: April 6, 2021 ACTION REQUESTED: Request to approve a Resolution to authorize the Chair's Signature on the Interlocal Agreement with State Parks for Design and Construction Services for Ginkgo State Park Parking Lot Improvements BACKGROUND: Public Works (PW) is improving Vantage Highway this summer from Vantage to the top of the grade along Vantage Highway. State Parks desires having PW design and manage construction improvements to the existing parking lot at Ginkgo State Park. PW has the expertise to assist State Parks. The interlocal agreement was sent to legal for review and is based on a similar interlocal recently completed with the Conservation District. INTERACTION: Public Works. RECOMMENDATION: Approve the Resolution to authorize the Chair's signature on the interlocal agreement with State Parks. HANDLING: Return one original to Public Works. ATTACHMENTS: Resolution; Interlocal Agreement. LEAD STAFF: Mark R. Cook, Director. BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2021 - AUTHORIZING THE CHAIRMAN'S SIGNATURE ON AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND WASHINGTON STATE PARKS FOR GINKGO STATE PARK PARKING LOT IMPROVEMENTS WHEREAS: The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington ("RC W"), provides for public agencies to enter into agreements for joint or cooperative action authorized under that chapter; and WHEREAS: Kittitas County is constructing roadway improvements to Vantage Highway during 2021; and WHEREAS: Public Works anticipates possible impacts to the existing entrance to the parking lot at Ginkgo State Park; and WHEREAS: State Parks desires having Public Works design and administer improvements to the existing parking lot at Ginkgo State Park in conjunction with the County's Vantage Highway project; and WHEREAS: Public Works has the capacity to assist State Parks and State Parks has sufficient funding for designing and constructing the desired parking lot improvements at Ginkgo State Park; 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 and Washington State Parks designing and managing construction improvements to the parking lot at Ginkgo State Park. DATED this 6th day of April 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 DEPARTMENT OF PUBLIC WORKS AND WASHINGTON STATE PARKS FOR THE DESIGN AND CONSTRUCTION OF A PARKING LOT AT GINKGO STATE PARK This Interlocal Agreement is made and entered into this day of 2021, by and between Kittitas County (hereinafter the "COUNTY") and Washington State Parks (hereinafter the "STATE PARKS"). 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 Washington State Parks are public agencies within the meaning of chapter 39.34 RCW; and WHEREAS, Kittitas County is improving Vantage Highway summer of 2021 from mile post 21.25 to milepost 27.51 and will be impacting the parking lot at Ginkgo State Park; and WHEREAS, Kittitas County has the expertise and experience designing parking lot improvements and is offering to design improvements at Ginkgo State Park in conjunction with 2021 Vantage Highway improvements; and WHEREAS, State Parks desires utilizing the County's design expertise and has sufficient funding supporting the design of parking lot improvements to Ginkgo State Park; and WHEREAS, State Parks desires having the County administer the construction parking lot improvements and has sufficient funding for construction and project administration; NOW THEREFORE, it is agreed as follows TERMS 1. Legal Basis. This Agreement is entered into pursuant to Chapter 39.34 (the Interlocal Cooperation Act). 2. Purpose. The purpose of this agreement is for the COUNTY and STATE PARKS to work cooperatively to perform the Scope of Work identified in Exhibit A and for the COUNTY to provide design and construction services to STATE PARKS for the completion of the tasks identified in Exhibit A along with the fee estimate for service identified in Exhibit B. It is anticipated that STATE PARKS will accept the final bid ready plans and specifications upon satisfaction that the Scope of Work has been Interlocal Agreement between State Parks and Kittitas County Public Works for Gingko State Park Parking Lot Improvements completed and authorize construction of parking lot improvements administered by the County. 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 COUNTY to complete the scope of work identified in Exhibit A (Ginko State Park Parking Lot Improvements design and construction management. Payment for satisfactory performance shall not exceed $130,411.00 unless the parties mutually agree in writing to a higher amount. 5. Billing Procedure. The COUNTY shall submit invoices monthly. Invoices are to be sent to: STATE PARKS (c/o Mr. Brian Patnode, 270 91h Street NE, Suite 200, East Wenatchee, WA 98802) and will be paid within thirty (30) days of receipt by STATE PARKS. 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 STATE PARKS is Mr. Brian Patnode, 270 9`h Street NE, Suite 200, East Wenatchee, WA 98802. The Agreement Administrator for the COUNTY is: Josh Fredrickson, PE, 411 North Ruby Street, Suite 1, Ellensburg, WA 98926. Telephone: 509-962-7523. 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 Interlocal Agreement between State Parks and Kittitas County Public Works for Gingko State Park Parking Lot Improvements assure that records and documents provided by the other parry 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 parry, 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 parry 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. 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 Interlocal Agreement between State Parks and Kittitas County Public Works for Gingko State Park Parking Lot Improvements signed by an authorized representative of the parry 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; or upon final acceptance of Exhibit A deliverables by STATE PARKS. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. WASHINGTON STATE PARKS KITTITAS COUNTY Attest: Approved as to Form: Brett Wachsmith, Chairman Attest: Clerk of the Board County Prosecuting Attorney Interlocal Agreement between State Parks and Kittitas County Public Works for Gingko State Park Parking Lot Improvements EXHIBIT A Scope of Work Ginkgo State Park Parking Lot Improvements Interlocal Agreement between State Parks and Kittitas County Public Works for Gingko State Park Parking Lot Improvements DEPARTMENT OF PUBLIC WORKS KITT,TAS COUNTY Mark R. Cook, PE Director EXHIBIT A SCOPE OF WORK _Ginkgo State Park Parking Lot Improvement Vantage Highway Milepost 25.75 Washington State Parks (STATE) desires to make improvements to their parking lot serving Ginkgo State Park adjacent to Vantage Highway. The parking lot is located at approximate milepost 25.75 on the north side of Vantage Highway. The parking lot is currently gravel with one access at the eastern side, a solar powered charging station and pit toilet are also on the site. The project is to be completed in two phases. Phase I includes engineering and design of the parking lot improvement. Phase II is construction support of said improvements. Phase II will be authorized by Washington State Parks providing work can be completed by June 30, 2021. Kittitas County Public Works (KCPW), shall provide professional services to the Washington State Parks for the Ginkgo State Park Parking Lot Improvement project (PROJECT) as outlined in the Work Task descriptions below. The following general provisions/assumptions have been made: A. Work conducted will meet STATE design standards. B. It is anticipated that one (1) bid package including plans and estimate will be prepared for all elements of the PROJECT. C. Specifications for construction will use Washington Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction 2021. D. Project specific specifications are not anticipated. E. All necessary permits will be obtained by STATE F. The STATE shall pay all fees for permitting, advertising or other associated fees necessary for the PROJECT. G. No federal funds shall be used in design or construction of the PROJECT. H. All calculations, analyses, design, plans, specifications, and other project work will be prepared in English units. The use of metric units for any aspect of the work will not be required. I. It is understood and agreed that tasks may be added or deleted from the scope of services by mutual agreement between the STATE and KCPW. J. Construction is to be completed by KCPW. Kittitas County Public Works agrees to perform the following services: ENGINEERING DESIGN, PLANS, ESTIMATE AND CONSTRUCTION SUPPORT 411 N. Ruby St, Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 2 1. Provide complete project management necessary to deliver the PROJECT within mutually agreed expectations, including progress reports, schedule updates, and invoice preparation. 2. Attend meetings with the STATE regarding technical aspects of the work. It is anticipated up to two (2) meetings may be held at mutually agreed location. 3. Perform field visit necessary to confirm aspects of the design. 4. Submit preliminary plans, design assumptions and cost estimate. 5. Based on approved preliminary plans and estimate, finalize, submit and review 90% plans and estimate with the STATE. 6. Based on approved 90% plans and attached cost estimate, finalize, and submit 100% plans and cost estimate to the STATE. 7. Perform in-house quality control and assurance review. 8. Furnish electronic copies of the final plans and estimate in .pdf format. 9. Prepare and submit Engineer's Opinion of Cost. Deliverables: PHASEI— Preliminary plans and cost estimate Plans, cost estimate at 90% and Final completion Electronic copies of final plans and estimate in .pdf format PHASE II— Based on availability of KCPW resources, Equipment, material, and labor to construct improvements outlined on the design documents. Construction management ADDITIONAL SERVICES For services not included in the Scope of Work, the STATE may request KCPW complete additional services, as mutually agreed, at the rates in affect at the time of service. TIME OF PERFORMANCE: ENGINEERING DESIGN, PLANS, ESTIMATE, AND BIDDING PHASEI- All work described in the Scope of Services above shall begin upon authorization to proceed and be completed no later than April 23, 2021. PHASE II — At the request of the STATE, construction work is to be complete by June 30, 2021. FEE FOR SERVICES: For the services furnished by KCPW as described above, STATE agrees to pay KCPW the fees as set forth herein. The maximum amount listed below may be revised only by written agreement of both parties. 411 N. Ruby St, Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 3 ENGINEERING DESIGN, PLANS, ESTIMATE AND CONSTRUCTION PHASE I - All work described in the Scope of Services above shall be performed on an hourly basis for the maximum amount of $10,996.00 (see attached fee summary). PHASE Il— Construction work described on the design plans shall be performed on a lump sum basis for the maximum amount of $119,855 (see attached fee summary). 411 N. Ruby St, Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509)962-7663 EXHIBIT a Fee Estimate for design and construction management — Gingko State Park Parking Lot Improvements Interlocal Agreement between State Parks and Kinitas County Public Works for Gingko State Park Parking Lot Improvements MH]BffB CURS—RE GIXkgo 5" hsk?SrM" W HE N/A TO PROJECT ENCT. SEA SWING ESTIMATE $130,851 BX6 RBRIDX W ELTEO3/13/5031 BV: C CURTIE CertcunbnalpMglptl ewbYGmMo3ve Pmkwnris6y}tlramGelmPweam6.91+tl N. rydtll gXry amlxTPplp. Xwel AER—. mte N$OR6. Tae3ma6amuena1M x16119.855. RBASI PREPA TION % SCX8 1 L5. pYA REMC P OE STRUCTURES ART GBSINUCTIONS S1.WO.W S1,W0 ORNWGE Cy IB. S'CRE% TETN {1<.W SJ.500 60 Li, HIGHOENSRYPttWROP1IENE IHDPE)PIRE IB IS DHM {pOtO $1. 1 EPC. y31 CPTCHBPSIX 11E UlSo. E1.<60 0 C . p36 CRUSHED SUREPCHG EASE CWRSE .1. S1B1W 160 TON 5)B) ..ACL 1I IN. PGBR,N {ISO.Po M0.160 TEAR lC 100 II O9tp PAINT LINE 6116 581E PR NI B' ITEM SUBTOTAL%IO MBRI} TNM' SOOTS BIL15ATpN 10.W% C.I. YID11 CC 16T] REM B.T.T. $069 vl.aon MB naaedaum��No��a�aw,Bandau.�, ,Tons 10 BID NEM +w m PaECsuer.OWn fim660 CONBTRUGTICN ENGINEERING 4 B% W.iPo ,.nNGE.ABa e% ..RA CM"ISAATE V,ws PE PHASE 10% WASS A II Sl COSTS so PROJECT TOTAL $130,851