The URL can be used to link to this page

Home My WebLink About2021-06-14-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday June 14,2021 -1:30 PM Webex 1.Call to Order 2,Request to Ratify the Public Works Director's Signature on the Washington State Department of Transportation Bridge Inspection Agreement. 3.Other business 4.Adjourn Created on 6/11/2021 7:50:23 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES Webex Regular Meeting MONDAY 1:30 BM June 14,2021 Board members present:Chairman Brett Wachsmith and Commissioner CoryWright. Others:Candie Leader,Josh Fredrickson,Rebecca Cruse,Public Works; Dan Carlson,Mike Flory,Jessica Miller,Pat Nicholson,CommunityDevelopmentServices;Neil Caulkins,Prosecuting Attorney's Office At 1:30 pm Chairman Brett Wachsmith opened the Public Works StudySession. REQUEST TO RATIFY THE PUBLIC WORKS DIRECTOR'S SIGRATURE ON THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION BRIDGE INSPECTION AGREEMENT . Josh Fredrickson gave background on the regulations of bridgeinspectionsandstatedthatBullfrogRoadBridgeiscurrently flagged as fractural critical.Josh Fredrickson continued that this structure requires a close-up inspection by either climbing thebridgeorsecuringspecialequipmentforinspection.JoshFredricksonstatedthatstaffworkedwithWashingtonState DepartmentofTransportationtosecureuseoftheirUBITthroughaninterlocalagreement.Josh Fredrickson added that with the timeline to get the inspection completed and the availability of the UBIT the Director ofPublicWorksexecutedtheinterlocalagreementandstaffisrequestingtoratifytheDirector's signature on the agreement.Commissioner Cory Wright made a motion to ratify the Public Works Director's Signature on the Washington State Department of Transportation Bridge Inspection Agreement with Chairman BrettWachsmithsecondingthemotion.Motion passed. Meeting adjourned at 1:34 pm. KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY,WASHINGTON Candie Leade ,Administrative Brett Wachsmith,ChairmanSupervisor' 2021-06-14 MINUTES KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS -BOARD OF COUNTYCOMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE:June 14,2021 TOPIC:Washington State Department of Transportation(WSDOT)Bridge Inspection Agreement ACTION REQUESTED:Ratify the Director's Signature on WSDOT Agreement GCB 3474 LEAD STAFF: Mark R.Cook RECOMMENDATION: Ratify the Director's signature on Washington State Department of Transportation Bridge Inspection Agreement GCB 3474. BRIEFING SUMMARY: •Bullfrog Road bridge inspection is late on its inspection cycle. •Inspection requires climbers or the use of a Under Bridge Inspection Truck (UBIT). •WSDOT is offering to provide a UBIT supporting Bullfrog bridge inspections (2021-2029). BACKGROUND: Bullfrog Road bridge is a fracture critical metal bridge requiring specific inspections as a fracture critical structure.The examination of all connections requires climbing or the use of a UBIT.UBIT's allow inspectors to stand in a basket while the operator lowers the inspector under the bridge of element evaluation.WSDOT does afford local agencies access to its UBIT fleet via interlocal agreement. DISCUSSION: Recognizing that the bridge inspection was likely going to be delayed in 2021 owing to inspector availability (KPFF),Public Works (PW)contacted the state bridge inspection program inquiring about the possible contracting for UBIT.WSDOT is graciously offering to make one of its UBITs available to the County supporting inspection of Bullfrog.Owing to the need for timely action,PW executed the provided bridge inspection agreement with WSDOT.Recognizing the interlocal nature of the agreement, the Director is requesting ratification of the Director's signature on the agreement by the Board. Page 1 of 3 Public Works "Work Session Staff Report",2021 FISCAL IMPACTS: The agreement provides the following cost estimate by year: 2021 $1,341 2023 $2,682 2025 $4,023 2027 $5,364 2029 $6,704 ATTACHMENTS: Exhibit 1:WSDOT Bridge Inspection Agreement GCB 3474 Page 2 of 3 Public Works "Work Session Staff Report",2021 EXHIBIT 1:WSDOT BRIDGE INSPECTION AGREEMENTGCB 3474 Page 3 of3 Public Works "Work Session Staff Report",2021 Bridge Inspection Local Agency and AddressAgreement Name:Kittitas County Dept of Public Works Address:411 North Ruby,Suite 1 City,State,Zip:Ellensburg,WA 98926AgreementNumberExhibits GCB 3474 A.SCOPE OF WORK;B.COST RATES This Agreement is between the Washington State Department of Transportation,hereinafter"WSDOT,"and the above named entity,hereinafter "LOCAL AGENCY,"collectively "Parties"and individually "Party." WHEREAS,the LOCAL AGENCY,on a periodic basis,has a need to have certain bridgesunderitsjurisdictionandresponsíbilityregularlyinspected,and WHEREAS,WSDOT has the qualified personnel and equipment and is willing to performing thebridgeinspectionworkasmutuallyagreedupon, NOW THEREFORE,pursuant to RCW47.28.140,the above recitals that are incorporatedhereinasiffullysetforthbelow,and in consideration of the terms,conditions,and provisionscontainedherein,and the attached E×hibits A and B,which are by this reference made a part ofthisAgreement,IT IS HEREBY AGREED AS FOLLOWS: 1.GENERAL TERMS,SCOPE OF WORK,AND TERM 1.1 This Agreement provides the terms and conditions for WSDOT periodic bridgeinspectionworktobeperformedonLOCALAGENCY-owned bridges at the LOCAL AGENCY'srequestandexpense.The bridges to be inspected are listed in Exhibit A,Scope of Work.WSDOT shall initiate the inspections of the bridges listed in Exhibit A when each bridge is dueforaninspectionunlessLOCALAGENCYnotifiesWSDOTinwritingnottoinspectabridge60dayspriortothebridge's due date.Also included in Exhibit A are the estimated hours tocompleteeachtypeofinspectiononeachbridgeandthenextanticipateddatesfortheirinspection. 1.2 The LOCAL AGENCY does not guarantee a minimum number of bridge inspectionrequests,and WSDOT does not guarantee to perform any or all of the LOCAL AGENCY bridgeinspectionrequest(s).Should WSDOT decline to perform a requested bridge inspection for anyreason,WSDOT shall not be liable for any costs incurred by the LOCAL AGENCY or damagesincurredbyanythirdpartyrelatedtoWSDOT's decision not to perform a requested bridgeinspection. 1.3 WSDOT,on behalf of the LOCAL AGENCY or in conjunction with the LOCAL AGENCY,may perform bridge inspection work for the LOCAL AGENCY upon request.Bridge inspectionrequestsforbridgesnotlistedinExhibitAshallbemadeinwriting.Each request shall identifythebridgetobeinspectedandthetypeofinspection.WSDOT will respond in writing to theLOCALAGENCY's request within fifteen (15)calendar days.WSDOT will identify the estimatedtimefortheinspectionandtheestimatedcost.Inspection dates will be mutually agreed upon bytheParties. 1.4 For bridge inspections where WSDOT provides the lead bridge inspector along withWSDOTequipmentandanoperator,WSDOT shall provide a draft bridge inspection report to WSDOT Agreement #GCB XXXX Page 1 of 5 the LOCAL AGENCY's Contract Administrator listed below.WSDOT shall enter the completedinspectionreportdataintotheBridgeworksdatabase.The LOCAL AGENCY shall have five (5)business days to review and comment upon the draft bridge inspection report prior to a finalbridgeinspectionreportbeingpreparedbyWSDOT.The final bridge inspection report shall bepreparedwithinten(10)business days after receipt of the LOCAL AGENCY's comments,if any.Business days for this Agreement are defined as Monday through Friday,excluding WashingtonStateholidaysperRCW1.16.050 and any Party's furlough days. WSDOT agrees that the LOCAL AGENCY may use its own certified lead bridge inspector toworkwithWSDOT's equipment and operator.Should the LOCAL AGENCY choose to provide its own certified lead bridge inspector,the LOCAL AGENCY shall be solely responsible forpreparingitsownbridgereport, Contract Administrator:Mark R.Cook,PE Title:Director of Public Works Email address and phone number:mark.cook@co.kittitas.wa.us;(509)962-7523 Mailing address:411 North Ruby,Suite 1 EIIensburg,WA 98926 1.5 Traffic control,if needed,will be provided by the LOCAL AGENCY at its soie cost TrafficcontrolcostsarenotincludedintheWSDOTcostrates. 1.6 Term:This Agreement shall remain in effect for ten (10)years from the date ofexecution,at which time this Agreement shall automatically terminate,unless extended bywrittenamendmentaccordingtotheconditionsinSection3,Amendment,below. 2.BILLING AND PAYMENT 2.1 The LOCAL AGENCY agrees to reimburse WSDOT for actual direct and related indirectcoststoperformthebridgeinspectionworkasrequestedbytheLOCALAGENCYatthethencurrentWSDOTcostrate.Upon completion of the work,WSDOT shall submit a detailedinvoice,identifying the bridge(s)inspected,the inspection hours worked,the type of inspection, the rates to be applied,and the total amount due. 2.2 WSDOT's current billing rates are shown in Exhibit B,Cost Rates.It is anticipated thattheserateswillincreaseoverthelifeoftheAgreement,and the LOCAL AGENCY acknowledges and agrees that WSDOT shall bill its current rates at the time the bridgeinspectionworkisperformed. 2.3 The WSDOT may submit invoices at any time,but not more frequently than once permonth.WSDOT shall send appropriately documented invoices for work completed to thefollowingaddress: Local Agency:Kittitas County Dept of Public Works Attention:Mark R.Cook,PE Address:411 North Ruby,Suite 1 City,State,Zip:Ellensburg.WA 98926 2.4 The LOCAL AGENCY agrees to reimburse WSDOT within thirty (30)calendar days fromreceiptofaninvoice(the "Due Date").In the event the LOCAL AGENCY fails to make payment by the Due Date,the LOCAL AGENCY will pay WSDOT interest on outstanding balances at the WSDOT Agreement #GCB XXXX Page 2 of 5 rate of twelve percent (12%)per annum,or the highest rate of interest allowable by law, whichever is greater.Interest shall be calculated from the Due Date to the date of payment. If the LOCAL AGENCY objects to all or any portion of an invoice,it shall notify WSDOT within twenty (20)calendar days from the date of receipt and shaîl pay only that portion of the invoice not in dispute.WSDOT and the LOCAL AGENCY shall make every effort to settle the disputed portion,and if necessary utilize dispute resolution provided for in Section 7.No interest shall be due on any portion of an invoice the LOCAL AGENCY is determined not to owe following settlement between the Parties or completion of dispute resolution process. The LOCAL AGENCY shall remit all payments to the following address: Washington State Depadment of Transpodation CASHIER P.O.BOX 47305 OLYMPIA,WA 98504-7305 3.AMENDMENT 3.1 The Parties may mutually amend this Agreement at any time.The amendments shall not be binding unless they are made in writing and signed by personnel authorized to bind each Party,prior to performing any of the bridge inspection work that would be covered by the amendment. 4.TERMINATION 4.1 Either Party may terminate this Agreement upon thirty (30)calendar days prior written notice to the other Party.If this Agreement is so terminated,the Parties shall be liable only for the performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination,including all non-cancellable obligations. 5.LEGAL RELATIONS 5.1 WSDOT's relation to the LOCAL AGENCY shall be at all times as an independent contractor.Further,WSDOT shall perform the work as provided under this Agreement solely for the benefit of the LOCAL AGENCY and not for any third party. 6.INDEMNIFICATION 6.1 The Parties shall protect,defend,indemnify,and hold harmless each other and their employees and/or authorized agents,while acting within the scope of their employment as such, from any and all costs,claims,judgments,and/or awards of damages (both to persons and/or property),arising out of,or in any way resulting from,each Party's obligations to be performed pursuant to the provisions of this Agreement.The Parties shall not be required to indemnify, defend,or hold harmless the other Party if the claim,suit,or action for injuries,death,or damages (both to persons and/or properly)is caused by the negligence of the other Party; provided that,if such claims,suits,or actions result from the concurrent negligence of (a)the WSDOT,its employees and/or authorized agents and (b)the LOCAL AGENCY,its employees or authorized agents,or involves those actions covered by RCW 4.24.115,the indemnity WSDOT Agreement #GCB XXXX Page 3 of 5 provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party,its employees and/or authorized agents. 6.2 The terms of this Section shall survive termination of this Agreement. 7.DISPUTE RESOLUTION 7.1 The Parties shall work collaboratively to resolve disputes and issues arising out of,or related to,this Agreement.Disagreements shall be resolved promptly and at the lowest level of hierarchy.To this end,following the dispute resolution process shown below shall be a prerequisite to the filing of litigation concerning any dispute between the Parties: A.The representatives designated in this Agreement shall use their best effods to resolve disputes and issues arising out of or related to this Agreement.The representatives shall communicate regularly to discuss the status of the tasks to be performed hereunder and to resolve any disputes or issues related to the successful performance of this Agreement.The representatives shall cooperate in providing staff support to facilitate the pedormance of this Agreement and the resolution of any disputes or issues arising during the term of this Agreement. B.A Party's representative shall notify the other Party in writing of any díspute or issue that the representative believes may require formal resolution according to Section 7.1D.The representatives shall meet within five (5)working days of receiving the written notice and attempt to resolve the dispute. C.In the event the representatives cannot resolve the dispute or issue,the LOCAL AGENCY,and WSDOT's Region Administrator,or their respective designees,shall meet and engage in good faith negotiations to resolve the dispute. D.In the event the LOCAL AGENCY and WSDOT's Region Administrator,or their respective designees,cannot resolve the dispute or issue,the LOCAL AGENCY and WSDOT shall each appoint a member to a Dispute Board.These two members sha11 then select a third member not affiliated with either Party.The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded.All expenses for the third member of the Dispute Board shall be shared equally by both Parties;however,each Party shall be responsible for its own costs and fees. 8.VENUE AND ATTORNEYS FEES 8.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement,the Parties agree that any action or proceeding shall be brought in a court of competent jurisdiction situated in Thurston County, Washington.Further,the Parties agree that each shall be solely responsible for payment of its own attorney's fees,witness fees,and costs. 9.RIGHT OF ENTRY 9.1 The LOCAL AGENCY hereby grants to the WSDOT a right of entry upon all land in which the LOCAL AGENCY has interest,within or adjacent to the right of way of the bridge to be inspected for the purpose of accomplishing the work described in this Agreement.Such right WSDOT Agreement #GCB XXXX Page 4 of 5 of entry shall commence upon execution of this Agreement and shall continue until termination of this Agreement under any applicable provision. 10.SEVERABILITY 10.1 If any terms or provisions of this Agreement are determined to be invalid,such invalid term or provision shall not affect or impair the remainder of the Agreement,but such remainder shall remain in full force and effect to the same extent as though the invalid term or provisions were not contained in the Agreement, IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date signed last by the Parties below. WASHINGTON STATE Local Agency DEPARTMENT OF TRANSPORTATION &AL liC"b 52 02M0700 Signature Date Signature Date Evan M.Grimm Printed Name Print Name Bridge Preservation Engineer Title Title Approved as to Form by: /SIGNED/5/12/2021 Signature Date Mark F.Schumock Assistant Attorney General WSDOT Agreement #GCB XXXX Page 5 of 5 Exhibit A B B Agreement 5cope for Kittitas County (GCB3474)o -..o . § 5trurwcu BrdgNo BogeName Type bep.Lullino Nesiino 2021 2022 2023 2021 2025 ¿n>r 2017 7028 2D29 2330 Cucyggra t|BD1 ButtraorstBCLIELimi 2AINU N 4/is/2D21 SUMO¾MMUN6 SLà40N 5LPIO 51.¾0 RIK iniaMarYev $]NO%1 W%SI Mum si Moor cumphliveluisi 50340.¾DMOS6 5206]D1 LLSMS,54,022Ra 540Dså ½jkan Augen ¾7Nai gre Exhibit "B"Cost Rates Bridge Inspection Estimated Hourly Rate .Estimated Hrly Estimated Hrly Estimated HrlyTypeofinspectionLaborRatesOTLaborRatesEquipRates UBIT INSPECTION 1 Bucket Operator &1 UBIT Driver $144.06 $188.92 $70.90 Excludes Lead inspector ßE3-BE3 UBIT INSPECTION 1 Lead Inspector,1 Co-Inspector &1 UBIT Driver $229.93 $302.65 $70.90 ßE3-BES-BES ROUTINEISAFETYINSPECTION 1 Lead Inspector &1 Co Inspector $157.90 $208.19 $4.71 DECKITUNNEL/FERRYTERMlNALS 1 Lead Inspector &1 Co Inspector $171.74 $227.46 $14.48 BEE-BE6 UNDERWATER BRIDGE INSPECTION 3-man dive team $257.61 $341.19 $16.12 RES-&ES-ES UNDERWATER BRIDGE INSPECTION 4-man dive team $343.48 $454.92 $16.12 OES-Báb BE6 ßE6 Estimated Hrly Estimated O/TTitle:Hrly Labor Rates Assumed 7-1/2020 Rate:Hrly Rate: Bridge Engineer 3 $72.03 $94.46 Bridge Engineer 4 $78.59 $103.62 Bridge Engineer 5 $85.87 $113.73 Bridge Engineer 6 $93.86 $124.83 inspection Vehicles:Rates Assumed 7/1/2020 Ford E350 4×4 Van $4.71 Ford 250 $5.97 Ford Econoline Van E350 $4.71 Ford F450 $10.15 2019 Munson 26 FT Dive Aluminum $5.97 Boat W/Traiter &Trailer Tandem Shell Boat WTTri $4.33 International Ubit 62 Foot $66.19 Notes: Actual Labor Rates will be charged Fiscal Year 2020 Federal Indirect Cost Rate of 13.23%will be added to Invoices Hourly Rates Do Not include Traffic Control Exhibit 'B'Cost Rate-Actual Cost Rate Estimate (July 2020 13.23%OH)Page 1 of 2