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HomeMy WebLinkAbout2022-09-12-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday September 12, 2022 - 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Citizen Comments (1 min. time limit) 3. Request to Acknowledge a Resolution Number Correction from August 8, 2022 Public Works Study Session From 2022-159 to 2022-175 Establishing County Road Project Number Supporting the Construction of a Turnaround at the end of Micheletto Road. 4. Request to Approve a Resolution Authorizing Chair Signature on an Interlocal Agreement between Kittitas County Flood Control Zone District and City of Ellensburg. 5. Draft Six -Year Transportation Improvement Plan (2023-2028) and Annual Construction Plan Discussion. 6. USDA Community Wildfire Defense Grant Follow -Up Discussion. 7. Survey Drone Procurement Request. 8. Dunford Barn Update. 9. Vantage Highway Over Cascade Canal Bridge Replacement Bid Opening. 10. Other business 11. Concluded Created on 9/9/2022 8:23:09 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES In -Person and Webex Regular Meeting MONDAY 1:30 PM September 12, 2022 Board Members Present: Chairman Laura Osiadacz, and Vice -Chairman Cory Wright. Others: Mark Cook, Josh Fredrickson, Rebecca Cruse, Public Works; Dan Carlson, Jeremy Larson, Jeremiah Cromie, Steph Mifflin, Jessica Miller, Toni Berkshire, Community Development Services; Darren Bigashiyama, Chris Whitsett, Sheriff Department; (3) Members of the Public. At 1:56 pm Chairman Laura Osiadacz opened the Public Works Study Session. CITIZEN COMMENTS No Comments REQUEST TO ACKNOWLEDGE A RESOLUTION NUMBER CORRECTION FROM AUGUST 8, 2022, PUBLIC WORKS STUDY SESSION FROM 2022-159 TO 2022-175 ESTABLISHING COUNTY ROAD PROJECT NUMBER SUPPORTING CONSTRUCTION OF A TURNAROUND AT THE END OF MICHELLETO ROAD Mark Cook requested acknowledgment of a correction on recent Resolution number 2022-159 to 2022-175. Vice -Chairman Cory Wright motioned to acknowledge and approve the correction. Chairman Laura Osiadacz seconded the motion. Motion passed. REQUEST TO APPROVE A RESOLUTION AUTHORIZING CHAIR SIGNATURE ON AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT AND CITY OF ELLENSBURG Mark Cook briefed the Board of County Commissioners on continued support provided to the City of Ellensburg to complete current floodplain restoration projects. Mark Cook requested Chair signature on this final interlocal agreement. Discussion was held. Vice - Chairman Cory Wright motioned to approve Resolution 2022-176 authorizing Chair signature on an Interlocal Agreement between Kittitas County Flood Control Zone District and City of Ellensburg. Chairman Laura Osiadacz seconded the motion. Motion passed. DRAFT SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN (2023-2028) AND ANNUAL CONSTRUCTION PLAN DISCUSSION Josh Fredrickson, County Engineer, briefed the Board of County Commissioners on the proposed 2023-2028 Transportation Plan. Josh Fredrickson stated that staff has set-up online public comment for 2022-9-12 Minutes the plan and (2) open houses scheduled for the public to attend this week. Josh Fredrickson requested to set a public hearing and anticipate adoption of the Transportation Plan on October 4, 2022. The Board of County Commissioners requested a link to post to Facebook, and support scheduling a Public Hearing. USDA COMMUNITY WILDFIRE DEFENSE GRANT FOLLOW-UP DISCUSSION Mark Cook briefed the Board of County Commissioners on the current strategy to secure the USDA grant funding available. Mark Cook stated that staff is working with Fire Officials and Emergency Management to prepare the grant and is focused on identifying specific corridors for improvement with the State plan for aligning with problem control lines. Mark Cook continued that the grant would require a large match fund and staff is looking into available assistance for those funds. Discussion was held. The Board supports staff efforts toward securing the necessary funding for grant match. SURVEY DRONE PROCUREMENT REQUEST Mark Cook requested the Board of County Commissioners support the procurement of a drone for use by the Kittitas County Surveyor. Mark Cook stated that the cost for the drone may be offset by the Flood Control Zone District for the drone's Lidar capabilities and traversing difficult terrain. Mark Cook requested Board support of an RFP for procurement to be completed at upcoming Agenda Session. The Board supports moving forward with drone acquisition. DUNFORD BARN UPDATE Mark Cook stated he is in discussion with the owner of the Historic Dunford Barn on Hwy 97 about possible acquisition by Kittitas County Public Works. Mark Cook added that should Kittitas County acquire the barn by donation the vision is for public access to the area, parking, and facilities. VANTAGE HIGHWAY OVER CASCADE CANAL BRIDGE REPLACEMENT BID OPENING Mark Cook updated the Board of County Commissioners on the bids received for the bridge replacement on Vantage Highway over Cascade Canal. Mark Cook stated that bids came in above estimate due to inflation and rising material costs. The Board of County Commissioners support awarding to the lowest bidder. Meeting concluded at 2:41 pm. 2022-9-12 Minutes Rebecca Cruse, Administrative Assistant 2022-9-12 Minutes KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Arden Thomas September 12, 2022 Interlocal Agreement between Kittitas County Flood Control Zone District and City of Ellensburg Request to Approve a Resolution to Authorize Chair's Signature on the Interlocal Agreement with the City of Ellensburg RECOMMENDATION: Authorize Chair's Signature on the Interlocal Agreement between Kittitas County Flood Control Zone District and City of Ellensburg. BRIEFING SUMMARY: • The Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project is expected to significantly alleviate flooding in West Ellensburg. • The City of Ellensburg is now constructing a portion of the project and is requesting construction funding. • Funding for this project is included in the 2022 Flood Control Zone District (District) budget. • District staff recommends honoring our previous commitment to this project. However, staff also has concerns about making future investments in Ellensburg flood alleviation projects given the City's refusal to utilize best available flood risk information to manage development. BACKGROUND: The Flood Control Zone District previously allocated $1,000,000 in funding for the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project. This project is expected to significantly alleviate flooding in West Ellensburg. The District previously provided a total of $111,637 for engineering design funding. At this time, it was anticipated that the remainder of the funding would be used for construction funding. The City of Ellensburg is now ready to start constructing this project and has requested Kittitas County sign the Interlocal Agreement in advance of their September 19, 2022, City Council meeting. Page 1 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: Most recent correspondence from the City of Ellensburg has informed District Staff that the City will not be updating their FEMA floodplain mapping based on flood studies conducted by the District. District staff recommends honoring our funding commitment to the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project. However, staff has concerns about making new investments in Ellensburg flood alleviation projects, if the City is not committed to utilizing the best available flood risk information to manage development. FISCAL IMPACTS: Funding for the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project is included in the 2022 Flood Control Zone District budget. ATTACHMENTS: Exhibit 1: Resolution Exhibit 2: Interlocal Agreement Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Resolution Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT • - :. • �K• III �1111'LK•3uluif.Y. f"Z OW COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2022 - r4fo AUTHORIZING CHAIR 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 2021 and 2022 annual budgets; and WHEREAS: The Kittitas County Flood Control Zone District previously provided a total of $111,637 in 2021 project funding for the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project to conduct Reecer Creek Floodplain Mapping and Levee Certification Support Services; and WHEREAS: Kittitas County Flood Control Zone District and the City of Ellensburg desire to desire to allocate the remaining $888,363 in funding in support of the construction 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 Chair signature on an Interlocal Agreement between Kittitas County Flood Control Zone District and City of Ellensburg. DATED this 12" day of September 2022, at Ellensburg, Washington. Attest: �Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz J O' Z- ................. CCUNV" "a,innwu�n�o�o BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ABSENT Brett Wachsmith, Commissioner EXHIBIT 2: Interlocal Agreement Page 4 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT AND CITY OF ELLENSBURG This Interlocal Agreement is made and entered into this May o�'2022. by and between the City of Ellensburg (herein after 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 (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 District has included a total of $1,000,000 in funding for the Reccer Creels Flood Ilazard Reduction and Floodplain Restoration Project in its 2021 and 2022 annual budgets; WHEREAS, the District previously provided a total of $111,637 in 2021 project funding for the Reecer Creek Flood Ilazard Reduction and Floodplain Restoration Project to conduct Reecer Creek Floodplain Mapping and Levee Certification Support Services; WHEREAS, the District and the City of Ellensburg desire to allocate the remaining $888,363 in funding in support of the construction of the Reecer Creek Flood hazard Reduction and Floodplain Restoration Project; NOW, THEREFORE, it is hereby agreed as follows TERMS Legal Basis. This Agreement is entered into pursuant to Chapter 39.34 (the INTERLOCAL AGREEMENT FOR FLOOD CONTROL DISTRICT GRANT FUNDS - I Interlocal Cooperation Act) and Chapter 86.15 RCW (Flood Control 'Lone Districts) 2. Purpose. The purpose of this agreement is for the District to grant the City funding of up to $888,363 to assist with the construction of 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, 2023 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 lump sum basis for costs incurred by the City to construct each phase of the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project as documented in an accepted bid tab and award of contract by the City of Ellensburg. 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 an invoice with the accepted bid tab and documentation of award. Invoices are to be sent to: Kittitas County Department of Public Works Department, 411 North Ruby, 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 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 N Anderson St, Ellensburg, WA 98926. Telephone: 509-952-8619. The Agreement administrator for the District is: Ms. Arden Thomas, 411 North Ruby, 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 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 INTERLOCAL AGREEMENT FOR FLOOD CONTROL DISTRICT GRANT FUNDS - 2 own wrongful and/or negligent acts or omissions. or those of its officers, agents or employees to the fullest extent provided by law, and further agrees to save, indemnify, defend and hold harmless the other party from any and all 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 unreasonably 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. H. 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, 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 written 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, 2023, 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. INTERLOCAL AGREEMENT FOR FLOOD CONTROL DISTRICT GRANT FUNDS - 3 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 web site or other electronically retrievable public source pursuant to Revised Code of Washington 3934.040. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. CITY OF ELLENSBURG KITTITAS COUNTY f a— Heidi Behr nds Cc r 'wey, City Manager Zan d ttest: (()I Approved a to form: City Attorney Attest: INTERLOCAL AGREEMENT FOR FLOOD CONTROL DISTRICT GRANT FUNDS - 4 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 12, 2022 TOPIC: Draft Six -Year Transportation Improvement Plan (2023-2028) ACTION REQUESTED: Direct staff schedule a public hearing to consider adoption of the Six -Year Transportation Improvement Plan for 2023-2028 LEAD STAFF: Joshua Fredrickson RECOMMENDATION: Direct staff schedule a public hearing to consider adoption of the six-year Transportation Improvement Plan for 2023-2028. BRIEFING SUMMARY: • Public Works updates the Transportation Improvement Plan (TIP) each year to address transportation needs within projected funding amounts • Each year Public Works solicits county residents for comment regarding the annual Transportation Improvement Plan • Annual plan consists of a listing of proposed improvement projects in the upcoming budget year (2023) and the subsequent five -years (2024-2028) • Most projects are carried forward from previous year with additional projects based on grant funding received • Funding sources include Road Fund and grant sources BACKGROUND: Public Works annually produces a six-year transportation plan for road fund investing. The current plan identifies projects in 2023-2028. A draft update has been prepared which includes projects listed from last year's plan and additional projects based on grant funding received. Major projects for the next five years include: roadway improvements to Hungry Junction Road, bridge replacement on Liberty Road, Faust Road and Cooke Canyon Road. Prior to adoption Public Works conducts public outreach efforts to collect citizen input on proposed transportation improvement projects. DISCUSSION: Public Works has updated the annual six-year transportation improvement plan. This plan uses data collected throughout the year to identify transportation needs. Data collected includes road rating, bridge reports and traffic information. The draft six-year transportation improvement plan includes those projects identified in the previous plan. Page 1 of 4 Public Works "Work Session Staff Report" 2022 As part of the outreach to seek public comment, an open house will be held September 12 in Upper County and September 13 in Lower County. An on-line form is also available on the Public Works page of the County website. FISCAL IMPACTS: Estimated costs of design, right-of-way, construction and construction engineering are identified for each project. Funding is identified using the road fund as well as grant sources. ATTACHMENTS: Exhibit 1: Draft Six -Year Transportation Improvement Plan for 2023-2028 Exhibit 2: Draft Annual Construction Plan for 2023 Page 2 of 4 Public Works "Work Session Staff Report" 2022 EXHIBIT 1: Draft Six -Year Transportation Improvement Plan for 2023-2028 Page 3 of 4 Public Works "Work Session Staff Report" 2022 N e 3 6 a E w a ti n g 8 a A a a d c• G 1 £ F Ce '� i $'' a a g e G a x N ea, w w c o a a Is a as a£ 3 a fIr x 3 n' A - _ — a. re ,n $$ a y o m r% i an n o adNa k o _ n h wa 4'NSMGd -:3 -te n id ' a 2 0da 3 3 A' yo 3 as ca. .i 'Y 3 I -Di w N ca a a 3 n a 3 ed ^ a n p N£say g 6 S 4 2 as ad Q Q M Q = Q u N g a g a 3 k rojeR number a x x a a s or 3 % to I v was or, r i v gva sus s b b ges a $or design right of way 8 8 �cnsdtrudfiorr Engineering (CE) as an zvustion $design .hr Ofway $ $ on# tlian Engineerme(CE1 as sbURim sign right of way fcano."o.is $' °J ngineering(CE) an construct— design right Of way Le onstruRion Engineering SCE) onstru Rion sign fight of way nnruRion ngineering SCE) onstru¢ion ezi6n gbt of way O nStrU RIOn a �TIM n8ineering (CE) mttion $ I I L "p xase mesa—��g`a 33w" in R a 0 5 0 7 e a 14 z p C £ 3 3 O 0 3 Q zde09; a _ 0 0 £ o v i } 5 2 O D G te rosea n�mM1er flPp s. p sign gM of way Construction Engineering (CE) $` instruction sign right of way Construct[on Engineering(CE) construdlon est, ight of., onstrueian Engineering(CE) ynz[mtlion design ght of way rueron $ ngineenng(CE) LR onsimclon sign right nfway se eruelon Engineering(CE) in ztmaion .sen igM1(of way w 8sew �, ons[rueian ngineering (CE) p onswemn EXHIBIT 2: Draft Annual Construction Plan for 2023 Page 4 of 4 Public Works "Work Session Staff Report' 2022 1 of 2023 KITTITAS COUNTY 2023 ANNUAL CONSTRUCTION PROGRAM JE W & O C W p Road# BMP EMP STIP Advertise CAPITAL IMPROVEMENT PROJECT NAME 1 iManastash Rd Creek Bank Stab, and Snow Park Impr. RC1573-ES 273-16 2016-099 301 1001 701 1500 95301 1 10.65 1 11.01 WA -12576 2 Liberty Rd Swauk Creek Bridge RC2193-FL 306-21 2022-016 700 38350 0.07 0.07 WA -14038 programmed for CN 2024 3 Bridge (16203) Replacement FHWA project PEE RCS594-81 295-18 2019-163 400 FHWA project 4 1-90 Widening (State project) RC2290-S7 500 State Project 5 Hungry Junction Road Widening RC2093-RP 304-20 2021-071 1 2S41 50 31510 1 0 1 1.74 State Funding lFull Funding not till 2024 6Cooke Canyon Bridge Replacement - Const by 25 RC2194-BR 315-22 2022-156 695 loo 10 274 43883 0.24 0.24 WA -14791 7 lFaust Road Bridge over Town Ditch Replacement - const by 25 RC2195-BR 316-22 2022-155 641 100 10 254 34761 1 0.59 1 0.59 1 WA -14792 8 11intersection and Corridor Safety Improvements RC2196-HS 313-21 2022-018 151 1 S01 317 VARIOUS I I IWA-14039 9 Bridge Rail Improvements Code 3 Phase 1 (MD A -F) RC2199-H5 314-21 2022-017 15 100 486 VARIOUS WA -14040 10 Vantage Hwy over Cascade Canal (89342) Replacement RC2292-G3 310-212021-202 65 184 94001 5.17 5.33 WA -14178 11 Progress Path Ph2 - Cie Elum 110 1 of KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 12, 2022 TOPIC: USDA Community Wildfire Defense Grant — Follow Up ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Support grant application. BRIEFING SUMMARY: • Recently, the United States Department of Agriculture issued a notice of funding opportunity supporting implementation of actions contained within adopted Community Wildfire Protection Plans (CWPP). • Public Works (PW) included an updated CWPP in the adopted Hazard Mitigation Plan (HMP) with Resolution 2019-008. • The current grant opportunity seeks to implement action items contained in adopted CWPPs. • The fire community has developed a proposed action plan with cost estimates supporting grant application. BACKGROUND: PW completed a comprehensive hazard mitigation plan in 2019. The plan incorporates a Community Wildfire Protection Plan (CWPP). The plan contains numerous actions that are now prime for implementation. The current USDA grant opportunity requires a 25 percent match and is due October 5, 2022. The Board provided grant submittal encouragement to staff during an August 22, 2022, briefing. DISCUSSION: Two high priority actions appear prime for implementation: "Transportation Corridor Vehicle Fire Risk Reduction" and "Shaded Fuel Break Corridors". The grant team's strategy (emerging) is to utilize primary evacuation corridors and "shade" them from fire threat, utilizing preliminary corridor identification from local fire chiefs. The fire community has prepared a proposed action plan and cost estimate implementing priority actions contained in the adopted CWPP. The grant request is for approximately $7.1 million. A recent communication from Emergency Manager Higashiyama suggest the Washington State Department of Natural Resources (DNR) is offering funding towards the grant match obligation. At the time of briefing submittal, the exact amount of DNR grant match is not determined. Page 1 of 3 Public Works "Work Session Staff Report", 2022 The grant submittal deadline is October 5, 2022. PW recently completed submittal of a Safe Streets for All grant supporting a comprehensive traffic safety plan for Snoqualmie Pass. PW will now direct available resources to preparing the CWPP grant application. The work is expected to delay the start of our proposed evacuation route planning effort, originally slated to kick off later this month. FISCAL IMPACTS: The 25% grant match requirement is significant. The requested funding results in a required grant match of approximately $1.8 million. ATTACHMENTS: EXHIBIT 1: PROPOSED ACTION PLAN WITH COST DATA Page 2 of 3 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: PROPOSED ACTION PLAN WITH COST DATA Page 3 of 3 Public Works "Work Session Staff Report", 2022 Jm tom++ A n' n < G T r a � T m D n W S m T n n 47 N F a W o C 3 C 3 m N m A O n m p m a m 3 N l 0 V M M n o < < c06 3 o 3 m w D o 3 A n o 01 m � in m m o T a7A�s 3 > 2. m ° F < K w j O J n m N N iA to V1 N N N N N O IJ O N N O O W N O N O N O O 0 0 0 0 nn m T om 4F� C < Z s m s 0 s MM J N 0 vaav ow�.� °o°00+ 3 o z fD < 3 a m N O A O T T» 0 0 O° o M O. 3 ,a N N» zO t a N O z w m m T T T a O N o m m m m m m m m m m m m m T O p p < < < < n < < < < < < < < n v� w n n n n n n n n n n n x' A in a C � n < N Q n �c � n O o W . a o o 0 < z ro < m < b N aq T7 C s m H 0 m a 0 •�* N F + N o m a 0 n j G1 3 V1 ll� A N VI W N N V N V1 lA N m f0 N D O N O1 A O N O 00 00 O A O 000 O n x O u° A O N 0 N N N N N N N N N N N N N O n IJ N N O O N N N N N N IV N � lD C O O O 0 0 0 OO 0 0 O y o O O O O O o 0 s 3 a N —• n S N N N tpp/� N W W N W N pA O1 T a N tJp N W O N Obi N t°1O A Oa O W O O N N O O Gt O0 0 O o 0 0 0 0 0 0 0 0 o a o 0 0 H p Z N FD N N 0" 0 N H O C 7 v v 1 7C 7C -i m T� N N O l0 (b D� In N N r O O C C m C 7 K v -0 m v rD F" DD 'O 0 n 3 x � N N N W 0 ^ � OIQ fD O fn m '�. m N .6 .tee a T v O t+ ON yr d in O N 0) 'r .moi m O N F O O Y 0 z m < r T N v O \ O T O N 2 c n r pp O� fli 5 d 0 O a o RL p m ¢° 3 d \ n 3 c V C N W V N Oo O Lo fW N W O O O N w N o, N w F N - fD O N O m A C r n � Q 0 0 0 0 0 0 i 0 0 0 0 0 4 N � J � N N A Q W b V eD O O O 00i OOAOo � A s — o N Q !1 n 3 °1 � f- m o v rn < < � m N 3 3 O m O O z d (D A p fD O z fD m 3 n ro KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 12, 2022 TOPIC: Survey Drone Procurement ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Support staff's acquisition of a survey drone for Public Works (PW). BRIEFING SUMMARY: • For several years, PW has been evaluating potential use of survey drone technology. • Recent advances in LiDAR capabilities, combined with affordable data processing, make survey drones viable for business use. • PW has prepared a solicitation and is ready to issue a Request for Proposal. BACKGROUND: Until fairly recently, LiDAR enabled survey drones were expensive rendering them unattainable for PW consideration. We have had significant success adapting survey equipment to ATVs creating cost savings. DISCUSSION: We believe significant cost savings are there for us utilizing survey drone technology. The drone will also support the Flood Control Zone District annual work program. County Surveyor Turnbull will complete flight training and we will then have both EITs complete flight school allowing depth in operation. We have prepared technical specifications and identified a service provider allowing us to process jobs on a "per job" basis. This provides and economy of scale allowing us to forecast and price drone deployment in powerful ways. The anticipated capital cost of acquisition is approximately $50,000. We propose acquiring the drone now with saving achieved through 2022 chip seal operations. FISCAL IMPACTS: $50,000 is the planning level cost estimate for drone acquisition. 2022 savings in chip seal total approximately $100,000. ATTACHMENTS: None. Page 1 of 1 Public Works "Work Session Staff Report", 2022 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 12, 2022 TOPIC: Dunford Barn Update ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff continue working towards accepting the Dunford Barn for ownership and tourism improvement. BRIEFING SUMMARY: • Public Works has been coordinating access and site improvements with the Dunford Barn ownership group. • PW proposes improving the secondary access for land use development that will serve as the primary access to the barn. • The ownership group has an executed grant with Heritage Barn Grant program to replace the existing roof (EXHIBIT 3). • The Ranch on Swank Creek, LLC also has a previous grant (2017-2019) that creates a recorded easement on the barn (EXHIBIT 1). BACKGROUND: A Heritage Barn Grant was obtained by The Ranch on Swauk Creek, LLC during the 2017-2019 funding cycle for initial repairs to the Dunford Barn. The grant obligation creates an easement over the barn for a ten-year period. A recent grant for roof repair does not appear to be transferable to the county. DISCUSSION: PW is in communication with Washington Trust for Historic Preservation regarding potential assignment of the executed roof replacement grant ($38,659). The current barn ownership group has expressed interest in having the county manage proposed roof repairs as ownership of the barn is being considered for transfer to the county. P W's review of grant documents suggest that transfer of the grant is not contemplated in the executed grant agreement. PW is dialoging with Historic Preservation staff about the possibility of reissuing the grant with the county named as the responsible parry. PW will continue resolving roof construction issues and advise the Board of County Commissioners (Board) at a later date. Page l of 5 Public Works "Work Session Staff Report", 2022 PW has been working with barn ownership securing a preliminary access and parking proposal for the barn. The access improvements (public road) will also support a pending land use development using the access to meet required secondary access requirements of the approved land use. These improvements are intended to provide benefit to the barn ownership group supporting dedication to the county. A preliminary access and parking lot design is attached for board consideration (EXHIBIT 2). Acquisition of the barn will entail assumption of grant obligations (EXHIBIT 1). The obligations appear consistent with Board intent to utilize the barn as a tourism amenity. Discussions are underway with the land use developer that could allow a flush toilet facility at the site. The barn development project has been included in the Board's 2023 Capital Improvement Plan. FISCAL IMPACTS: Planning level cost estimates for the new access road and parking lot currently exceed $600,000. Lodging tax is a viable funding mechanism supporting tourism development of the site. ATTACHMENTS: EXHIBIT 1: GRANT OBLIGATIONS EXHIBIT 2: PRELIMINARY ACCESS AND PARKING IMPROVEMENTS EXHIBIT 3: ROOF REPLACEMENT GRANT Page 2 of 5 Public Works "Work Session Staff Report", 2022 EXHIBIT 1: GRANT OBLIGATIONS Page 3 of Public Works "Work Session Staff Report", 2022 11/03/2021 12:57:32 PM 202111030025 $206.50 Page 1 of 4 Easement DEPT OF ARCHAEOLOGY Ki It i tas Count Audi tar 11111111111111111111111111111111111111111111111111111111111111111111111111111111IN This Space Provided for Recorder's Use When Recorded Return to: Department of Archaeology and Historic Preservation C/O Washington Trust for Historic Preservation 1204 Minor Avenue Seattle, WA 98101 Historic Preservation Easement Grantor(s): The Ranch on Swauk Creek, LLC Grantee(s): State of Washington REVIEWED pRITPB CDUNIY UKR Legal Description: DUNFORD LARGE LOT SUBDIVISION, PARCEL 2; SEC 34, TWP 20, RGE 17 Assessor's Property Tax Parcel or Account Number: 961866 WHEREAS THE Grantor is owner of certain premises known as the Zuke Barn (Dunford Barn) located at Hwy 97 & Bettas Rd, Cle Elum, Kittitas County, Washington, which premises is eligible for listing in the National Register of Historic Places under the National Historic Preservation Act of 1966 (P.L. 89665, 16 U.S.C. § 470a, et. seq); the Washington Heritage Register or the Washington State Heritage Barn Register; WHEREAS THE State of Washington through the Director of the Washington State Department of Archaeology and Historic Preservation is presently responsible for precluding any activity or omission at the premises which would destroy or impair its value to the public as an historic place listed in the Washington State Heritage Bam Register; and WHEREAS THE Grantor is willing to grant to the State of Washington the preservation interest as hereinafter expressed for the purpose of insuring that the value of the premises for such purposes will not be destroyed or impaired; NOW THEREFORE in consideration of the stun of One Dollar and other valuable consideration paid to the Grantor, the receipt whereof is hereby acknowledged, the Grantor does hereby give, grant, bargain, sell and convey, with covenant of warranty, to the State of Washington a preservation interest in the following described lots or parcel of land, with the Heritage Barn buildings and improvements thereon (the real property together with the Heritage Barn buildings and improvements thereon and attached thereto and the appurtenances thereof, being hereinafter collectively referred to as the "Property") located in Cle Elum, Kittitas County, Washington and described in the Kittitas County Registry of Deeds, Auditor File Number: 200502010016. The preservation interest herein granted shall be of the nature and character hereinafter expressed and shall be binding upon the Grantor; its successors and assigns. The Property is comprised of grounds, collateral or appurtenant improvements, and the Heritage Bam. The Heritage Bam is more particularly described as follows: The bam at the Zuke Farmstead (Dunford Barn) is a two-story, Gambrel roof barn with a centered, simple wooden cupola and horizontal wood siding. The barn is featured prominently along a section of Washington State Highway 97 known as the Swiftwater Corridor, which is a Washington State Scenic Byway. The prominent end fagade of the bam faces south and features an open hayloft, two second -story windows, three ground level entrances, and two small ground -level window openings. The north end features a similar opening pattern with no hayloft and has a prominent round wood -frame silo. The east and west facades are identical with eight small window openings each at ground level. Constructed circa 1896, the barn is 38 feet by 50 feet. The foregoing description of the Heritage Bam may be amended, replaced, or elaborated upon in more detail, and a description of the style, landscaping and similar particulars of the grounds, and any collateral or appurtenant improvements on the Property may be added, by an instrument in writing, signed by both parties hereto, making reference to this Historic Preservation Easement and filed of record in the Kittitas County Registry of Deeds. If and when such an instrument is placed of record, it shall be deemed to be a part of this Historic Preservation Easement as if set out herein. For the purpose of preserving, protecting, maintaining the Property, including its significance and value to the public as an historic place, the Grantor does hereby covenant and agree, on behalf of itself, its successors and assigns with the Grantee, its successors and assigns, to the following, for a period of 10 years: The grantor agrees to assume the cost of continued maintenance and repair of the property, in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties (see 36 C.F.R. Part 68), so as to preserve the architectural, historical, or archaeological integrity of the property in order to protect and enhance those qualities that made the property eligible for listing in the Washington State Heritage Barn Register. Nothing in this agreement shall prohibit the grantor from seeking financial assistance from any source available to him. 2. No construction, alteration, remodeling, changes of surfacing, or any other thing shall be undertaken or permitted to be undertaken on the Property which would affect the structural integrity, the appearance, the cultural use, or archaeological value of the Property without the express prior written approval of the State of Washington through the Director of the Washington State Department of Archaeology and Historic Preservation, or any successor agency. 3. Grantee, its agents and designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether or not the terms and conditions of this Historic Preservation Easement are being complied with. 4. If the Grantor fails to observe or if the Grantor violates any covenant, agreement, or provision contained herein, then the Grantee shall in addition to all other remedies available at law or in equity, have the right to enforce this Historic Preservation Easement, including each of its provisions, by specific performance or injunctive relief. 5. The Historic Preservation Easement set forth herein is intended by the parties hereto to preserve the historic integrity of the Property pursuant to the provisions of Laws of 2007, Chapter 333, codified as RCW 27.34, or other provisions of law that may be applicable. 6. This Historic Preservation Easement provides the Grantee with additional legal rights and does not supercede or replace any pre-existing legal obligations of the Grantor or legal rights of the Grantee. 7. The Historic Preservation Easement set forth herein shall be binding upon and shall inure to the benefit of the Grantor and the Grantee and their respective successors and assigns. TO HAVE AND TO HOLD the aforegranted and bargained Easement with all the privileges and appurtenances thereof to the said State of Washington through the Director of the Washington State Department of Archaeology and Historic Preservation, its successors and assigns, to its and their use for a period of 10 years from and after the date hereof. 8. SEVERABILITY CLAUSE It is understood and agreed by the parties hereto that if any part, term, or provision of this agreement is held to be illegal by the courts, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid. The Ranch on Swank Creek, LLC By: Pat Deneen Signature: State of Washington County of.%(1tl1.1 —) I certify that I know or have satisf rtory evidence that TbAJ 1 �1 IDLI lis the p n who appeared before me, and said person acknowledged that het he) signed this Instrument, on oath stated that h he) was authorized to execute the instrument and acknowledged it he of / )_to be the free and voluntary act of such party for the uses and purpos mentioned In the Instrument. Dated:. j.I .Ig I OU U 1 (Sign /j/44J Ow (Seal/ stamp) a)TO ysv ............ -004 u+:*I— Title ZZ My 9 M1M1; O � appointment •n'.CN O6, M1�• '� �� i.. • •• • •...w1 O� expires ... EXHIBIT 2: PRELIMINARY ACCESS AND PARKING IMPROVEMENTS Page 4 of 5 Public Works "Work Session Staff Report", 2022 I i EXHIBIT 3: ROOF REPLACEMENT GRANT Page 5 of 5 Public Works "Work Session Staff Report", 2022 Heritage Barn Grant - Award Notice Inbox Huy Fri, Jan 14, 4:20 PM Pham <huy@preservevva.org> to Grants Good afternoon, Heritage Barn Grant applicant, Congratulations! We are delighted to inform you that your barn has been awarded a Heritage Barn Grant for full or partial amount requested. On behalf the Department of Archaeology and Historic Preservation (DAHP), the Heritage Barn Advisory Committee, and the Washington Trust for Historic Preservation, we commend you for your efforts to preserve your barn and thank you for submitting your grant proposal. We are looking forward to working with you on this exciting project. In the next few weeks, I will reach back out on the specifics of your (1) grant award amount, (2) the funded scope of work, and (3) the next steps including grant contracting, work review, easement filing, and preparing for reimbursement. Meanwhile, please remember the following: Please do not start your project until a contract with the Department of Archaeology and Historic Preservation for the grant has been signed. The state cannot reimburse you for any expenses prior to the start date in an agreement. Grant funds are disbursed only for the reimbursement of costs. Staff will work with you on how to document your expenditures so that you can be properly reimbursed. Please do not begin work or make makes to materials or services until a grant contract has been executed with DAHP and program staff from the Washington Trust has reviewed all scopes of work and materials on final bids. Contracting will begin in the next few weeks, then you will have until June 30, 2023, to complete the grant project work. We eagerly anticipate collaborating with you on your project once these tasks are accomplished, and the grant contract is fully executed. We look forward to working with you on preserving Washington's rural agricultural heritage. If you have any questions, please do not hesitate to contact me, Huy Pham of the Washington Trust for Historic Preservation, at 206-462-2999 or huy@preservewa. org Best, Huy Pham I Preservation Programs Director he / him / his Washington Trust for Historic Preservation 1204 Minor Avenue I Seattle, WA 98101 (206)-624-9449 (office) 1 (206) 462-2999 (mobile) preservewa.oro 0 Allyson Brooks Ph.D., Director State Historic Preservation Officer Grant Agreement Between Washington State Department of Archaeology and Historic Preservation and Johann Furr, Ranch on Swauk Creek LLC Grant No.: FY22-90005-011 Grant Title: Zuke Barn (Dunford Barn) Project Effective Date: April 1, 2022 Expiration Date: June 30, 2023 Grant Amount: $38,659 Grant Purpose Provide support for the rehabilitation of the Zuke Barn (Dunford Barn) located in Kittitas County. This agreement is made between The Department of Archaeology and Historic Preservation hereinafter referred to as the DEPARTMENT, and Johann Furr, Ranch on Swauk Creek LLC hereinafter referred to as the GRANTEE. Parties' Contact Information DAHP Contact Person: Marivic Quintanilla, Fiscal Analyst / Grants Manager phone (360) 870-6383 1 email: marivic.quintanilla@dahp.wa.gov GRANTEE Contact Person: Johann Furr, Ranch on Swauk Creek LLC phone: (206) 818-36661 email: johannfurr@gmail.com a State of Washington • Department of Archaeology & Historic PreservationP.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wo.gov Section 1. Responsibilities of the Grantee A. The GRANTEE will perform or cause others to perform the work described in the "Scope of Work" (Attachment 2). Additional special conditions or specifics about the work required by this agreement, if any, are in attachments as enumerated and described in Section 2. The GRANTEE agrees to perform the work in accordance with any such special conditions or specifics. B. The GRANTEE understands that the work called for under this agreement must conform to state administrative requirements as they relate to the DEPARTMENT, and the GRANTEE agrees to comply with such requirements. C. The GRANTEE agrees to comply with the restrictions of lobbying with appropriated funds: No part of the money appropriated by any enactment of State Legislation shall, in the absence of express authorization by such, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner an elected official, to favor or oppose, by vote or otherwise, any legislation or appropriation by legislation, whether before or after the introduction of any bill or resolution D. The GRANTEE agrees to maintain records in a manner which will provide an audit trail to all expenditures reported to the DEPARTMENT. The GRANTEE agrees to keep these records for at least six years following the ending date of the grant. In the event that an audit of the GRANTEE or of the DEPARTMENT should take exception to any expenditure by the GRANTEE, the GRANTEE agrees to refund to the DEPARTMENT on demand the amount determined by the audit as due. In the event that the DEPARTMENT is required to institute legal proceedings to enforce this repayment provision, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. When arranging for an audit, the DEPARTMENT should contact: Johann Furr, Ranch on Swauk Creek LLC Phone: (206) 818-3666 Mailing: 1890 Nelson Siding Road Cle Elum, WA 98928 Email: johannfurr@gmail.com State of Washington • Deportment of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 v vv.dahp.wa.gov E. The GRANTEE agrees to pay all the costs involved in carrying out the terms of this agreement prior to seeking reimbursement as provided for in Section 2. A. When seeking reimbursement, the GRANTEE will submit a completed reimbursement form in writing to the DEPARTMENT and provide such supporting documents as an affidavit of publication for newspaper advertising soliciting bids, contracts, photocopies of canceled checks and invoices, and other documents as may be requested by the DEPARTMENT. The DEPARTMENT will provide the GRANTEE with the reimbursement form and guidelines for financial reporting procedures. The GRANTEE agrees to submit its request for reimbursement within thirty (30) days following completion of the work. F. The GRANTEE agrees to provide the DEPARTMENT with a completion / project report acceptable to the DEPARTMENT. The GRANTEE will submit this on or before the end date of this grant. The GRANTEE agrees that the DEPARTMENT shall have the right to withhold all or part of the funds under this grant pending receipt of an accepted completion/project report. Michael Houser, DEPARTMENT Architectural Historian shall have acceptance approval or denial of the completion/project report. G. The GRANTEE agrees that the "Budget' (Attachment 1) shall be a financial guide for the work called for by this agreement. The GRANTEE may exceed the budgeted amounts, but this shall in no way obligate the DEPARTMENT for a greater amount than the Grant Amount. In the event that the GRANTEE should spend less than the budgeted amount on an object or element in the Budget, the DEPARTMENT may either reduce its obligation proportionately or it may terminate this agreement. The GRANTEE agrees to maintain records which will render an accurate accounting of each element or object in the Budget. The actual expenditures for the amounts reflected in the Budget may vary by 15 percent without requiring an amendment to this grant agreement. H. The GRANTEE agrees that the DEPARTMENT shall have the right to terminate this agreement if the GRANTEE shall fail to fulfill in a timely and proper manner its obligations under this agreement or if the GRANTEE shall violate any of the covenants, conditions, or stipulations of the agreement. In case of such termination by the DEPARTMENT, the GRANTEE agrees to return to the DEPARTMENT within thirty (30) days of the effective date of termination, any payments made by the DEPARTMENT to the GRANTEE under the terms of this agreement or any portion of such payments as may be directed by the DEPARTMENT, a� sTATv n State of Washington • Department of Archaeology & Historic Preservation ° P. P.O. Box 48343 • Olympia, Washington 98504-8343 ^ (360) 586-3065 ��e�,eeo+°'�2 www.dahp.wa.gov The GRANTEE agrees to submit evidence of completion of all work elements identified in the Scope of Work on or before the grant end date. GRANTEE acknowledges and understands that final work elements which do not conform to the terms and conditions of this agreement will not be reimbursed. The GRANTEE will maintain regular contact with the DEPARTMENT regarding the progress of the grant project. The GRANTEE agrees that the DEPARTMENT shall have the right to monitor the work called for by this agreement. J. The GRANTEE agrees that it, its agents, officers and employees, and any other person or entity performing any work under this agreement, are independent contractors and not employees of the State of Washington ("State"). K. State funds are the basis for this agreement. The GRANTEE certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any State department or agency. Should for any reason the State funds which are the basis for this agreement become withdrawn, reduced, or not appropriated by legislation the agreement may be terminated without penalty to the DEPARTMENT. L. To the fullest extent permitted by law, GRANTEE shall indemnify, defend and hold harmless the State, agencies of the State and all officials, agents and employees of State, from and against all claims for injuries or death arising out of or resulting from the performance of the agreement. GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE's agents, employees, representatives, or any subcontractor or its employees. GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE's or any subcontractor's performance or failure to perform the Agreement. GRANTEE's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The parties shall make every effort to resolve disputes arising out of, or relating to, this agreement through discussion and negotiation. aQ 9TATM � State of Washington • Department of Archaeology 8 Historic Preservation ° _. J nr P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 "e,�-1BBDa�' www.dahp.wa.gov Should discussion and negotiation fail to resolve a dispute arising under this agreement, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third party mutually agreed upon by the parties. The team shall attempt, by majority vote, to resolve the dispute. M. The GRANTEE agrees to provide or purchase industrial insurance coverage, as applicable, prior to performing work under this agreement. The DEPARTMENT will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this GRANTEE, or any sub -grantee or employee of the GRANTEE, which might arise under the industrial insurance laws during performance of work under this agreement. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result to work performed under this agreement, those payments shall be made by the GRANTEE; the GRANTEE shall indemnify the DEPARTMENT and guarantee payment of such amounts. N. The GRANTEE agrees to include written acknowledgment of The Department of Archaeology and Historic Preservation support for all grant - related publications and public information materials including audio-visual and workshop materials. o. The GRANTEE agrees to any additional conditions as may be identified in amendments under Section 3 and attached to this agreement. There shall be no discrimination against any person employed by the GRANTEE in connection with work covered by or related to this agreement, or against any applicant for such employment, because of race, creed, color, sex, age, martial status, national origin, the presence of any sensory, mental, or physical handicap, or any other condition as set forth Chapter 49.60 RCW. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation and selection for training. The GRANTEE shall insert a similar provision in all subcontracts for services covered by this agreement. During the performance of this agreement, the GRANTEE shall comply with all federal and state nondiscrimination laws, regulations, and policies. State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov Q. In accordance with legislative findings and policies set forth in Chapter 39.19 RCW the GRANTEE is encouraged in the participation and use of Minority and Women's Business Enterprise firms certified by OMWBE. R. The GRANTEE agrees to a 50/50 match of funds. Fifty percent (50%) being the full amount of the let grant amount, fifty percent (50%) being the match amount by the GRANTEE. Further, the GRANTEE agrees that any match specifically identified to this grant agreement by the GRANTEE the GRANTEE will not claim match directly earmarked or identified for this agreement as match for any other grant, agreement or contract. The DEPARTMENT has first and exclusive claim to match provided by the GRANTEE to this agreement as indirect eligible match to the National Park Service, Historic Preservation Fund awarded to the DEPARTMENT. DEPARTMENT: Grant Amount: $38,659.00 GRANTEE: Minimum Grant Match Amount: $38659.00 TOTAL PROJECT COST: $77,318.00 Rhe STATfn State of Washington ^ Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 �eeo �.dahp.vva.gov Section 2. Responsibilities of the DEPARTMENT A. The DEPARTMENT agrees to reimburse the GRANTEE one hundred (100) percent of its actual authorized expenditures for the purpose of this agreement, provided: (1) The total paid by the DEPARTMENT shall not exceed the amount stipulated in the "Budget" (Attachment 1) as DEPARTMENT share. (2) All expenditures were incurred between the beginning and ending dates of the grant. (3) No expenditures have been previously claimed in any other grant from any agency of the state or federal government. (4) The DEPARTMENT has authority to expend the funds required to meet the obligations contained herein. (5) The GRANTEE has met all requirements contained in this agreement. B. The DEPARTMENT agrees to consider requests from the GRANTEE for progress payments if, in the DEPARTMENT'S judgment, the public interest will be served by doing so and if such payments are administratively practical and provided appropriated funds are available for which to issue a progress payment. C. The DEPARTMENT may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. The following attachments are hereby incorporated into and made a part of this agreement. Attachment Budget - consisting of one (1) page 1 Attachment Scope of Work - consisting of one (1) page 2 Attachment State Form At 9-1 Invoice Voucher - to be used as basis for billing, consisting of one (1) page 3 Attachment Report of Services/Labor Value Appraisal, Report of Donated Equipment, and Report of Donated 4a, 4b, and Material forms to be used by GRANTEE to document donated labor costs and the value of donated 4c equipment and materials - consisting of three 3 pages Historic Preservation Easement - consisting of one (1) page. (See easement document attachment. Attachment 5 Attachment 6 Heritage Barn Grant Special Terms and Conditions — consisting of one (1) page ay srnrf n State of Washington • Department of Archaeology & Historic Preservation ° �- P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 ��'ba �y�z gess www.dahp.wo.gov Section 3. Amendments This grant agreement may only be amended if such amendment is in writing (with exception of the 15% variance for actual expenditures identified in Section 1.G), agreed to and signed by all the parties, and attached hereto. DEPARTMENT: Department of Archaeology and Historic Preservation By: Allyson Brooks, Director Date GRANTEE: Johann Furr, Ranch on Swauk Creek LLC By: Johann Furr, Ranch on Swauk Creek LLC Date sTATk State of Washington • Deportment of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 m'oy yeas+°yn= www.dahp.wo.gov Attachment 1 BUDGET Element/Object Construction Costs: STATE Dollars Hard Match Soft Total Match Reroofing $38,659.00 $38,659.00 $77,318.00 Totals: $38,659.00 $38659.00 $77,318.00 Ray s'rnrn. of State of Washington • Department of Archaeology 8 Historic Preservation e. P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov Attachment 2 SCOPE OF WORK The GRANTEE shall cause or shall cause others to — 1) Historic Preservation Easement — File and record the Historic Preservation Easement attached hereto as Attachment 2A. Such easement will be signed and notarized by the GRANTEE and filed with the county recorder in the county in which the Heritage Barn is located. 2) Repair the following elements of the Zuke Barn (Dunford Barn), including but not limited to: Roof Repair/Replacement a. Remove layers of existing roofing material on barn. b. Repair/replace underlying skip sheathing and rafters on barn as needed, preserving as much historic material as possible. Sistering portions of existing materials is preferred to complete replacement. Where replacement skip sheathing is required, new material to exactly match original in size, dimension, and profile. OSB sheets are not allowed; please plan to use plywood if new sheathing layer is required. C. Install roof under layer on barn as needed/recommended for warranty by manufacturer, to be approved by grant administrators. d. Install a new roof on barn per manufacturer specifications. Roofing material will be in accordance with the "Standards for Roof Replacement on Heritage Barns" document published by the Department of Archaeology & Historic Preservation and approved by grant administrators prior to installation. 3) Provide final architectural/construction drawings and/or designs for the work noted above to the Department of Archaeology & Historic Preservation to ensure compliance with the Secretary of the Interior's Standards for the Rehabilitation of Historic Properties. �y STATp of State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 IBBO www.dahp.wo.gov Attachment 3 STATE FORM A-99: INVOICE VOUCHER FORM STATE OF WASHINGTON A79.7A INVOICE VOUCHER AGENCY NAME Department of Archaeology & Historic Preservation 1063 S Capitol Way Suite ID6 PO Box 48343 Olympia, WA 985048343 ATTN: VENDOR OR CLAIMANT warrant Is to be payable to Total: AGENCY USE ONLY AGENCY NO. CONTRACT NO. OR GA AUTM. NO. 103 INSTRUCT/ONS TO VENDOR OR C!A/MANT: In the absence ofa detailed invoice, submit this form to claim pnvntent far materials, merchandise orsenices. Show complete detail for each item. Vendor's Certificate: I hereby certify under penalty of perjury that the items and totals listed herein .re proper charges for mmcriak, mcrcbamlise or services fumishod m he Sluts of Washington, and that all gored, fumichd and/or xrrices raiJcrd hit, been pmrided withein discrimination bewnse of age, sex, merit.] states, race, creed, color, national origin, handicap. religion or Vietnam cra or disabled veteran slams. By: (Sign in ink) (Title) (Date) PREPARED BY (Fiscal) DATE DIVISION APPROVAL DATE DOC DATE CURRENT DOC NO REF DOC NO VENDOR NUMBER VENDOR MESSAGE M TRANS O SUF CODE D FUND APPN PROGRAM INDEX INDEX SUB SUB SUB OBJ OBJ CNTY CITY PROJECT AMOUNT INVOICE GENERAL NUMBER LEDGER APPROVED FOR PAYMENT BY FISCAL DATE WARRANT TOTAL State of Washington • Department of Archaeology 8 Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov Attachment 4a REPORT OF SERVICES / LABOR VALUE APPRAISAL Name of Project: Name of Person Performing Services: Address: Telephone: Did you receive any compensation for the time you devoted to thisproject? Yes No If yes, who paid you? How much were you paid? Month: I Year: Sunday Monday Describe the services you performed. (Ifyou supervised others, include their names andpositions.) Wednesday I low was the hourly rate shown below determined? $25.00 per hour is the value of donated labor as established by the Heritage Bam Advisory Committee. Saturday Total number of hours worked each day during this mouth: Beginning Sunday Monday Tuesday Wednesday Thursday Friday Saturday Totals $25.00 Per hour Amount charged to $ project: I hereby swear that I devoted the time reported above, performing the work described on the project named. This time has not been reported for any other Federal or State project. Date I supervised or coordinated this person's work and verify that it was performed as indicated above. Date R.sa sTnrn' o�, State of Washington • Department of Archaeology 8 Historic Preservation a _ u m P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 nor isso eeyn www.dahp.wa.gov INSTRUCTIONS: Washington State Department of Archaeology and Historic Preservation Total hours this 1063 S. Capitol Way, Suite 106 voluntary, which is claimed against a grant or used month: for the matching share of a grant. Complete it on a # of hours Hourly rate: $25.00 Per hour Amount charged to $ project: R.sa sTnrn' o�, State of Washington • Department of Archaeology 8 Historic Preservation a _ u m P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 nor isso eeyn www.dahp.wa.gov INSTRUCTIONS: Washington State Department of Archaeology and Historic Preservation Use this form to document all labor, whether paid or 1063 S. Capitol Way, Suite 106 voluntary, which is claimed against a grant or used PO Box 48343 for the matching share of a grant. Complete it on a Olympia, WA 98504-8343 timely basis, i.e., fill it out immediately after the service is provided. R.sa sTnrn' o�, State of Washington • Department of Archaeology 8 Historic Preservation a _ u m P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 nor isso eeyn www.dahp.wa.gov Attachment 4b REPORT OF DONATED EQUIPMENT the was the rate No rear: Times the donated equipment was used during this month: .Beginning Sunday Monday 'Tuesday Wedoe,&v'I'Itnrsdey Amount charged to project: friday Saturday Totals I hereby swear that the equipment was on site being used or required, perforating the work described on the project named. Date I coordinated the use of this equipment and verify that it was used as indicated above. Date Total this month: # of days Rate: Per day Amount charged to project: R.sa store o�, State of Washington • Department of Archaeology & Historic Preservation .°4 u m � r P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 �s,� �1BB0,,�'n www.dahp.wa.gov Attachment 4c REPORT OF DONATED MATERIAL I hereby swear than I donated the material reponed above. This material has not been reported for any other Federal or Sale project. Date 1 supervised or coordinated this person's donation and verify that it was perforated as indicated above. Date Washington State Department or Archeology and Historic Preservation 1063 S. Capitol Way, Suite 106 PO Box 48343 Olympia, WA 98504.8343 zont Rg"int Total Value: Unit Rate: Per Unit Amount charged to project: a State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wo.gov Attachment 5 BARN GRANT EASEMENT [This page intentionally left blank — see easement document.] State of Washington • Department of Archaeology 8 Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dohp.wo.gov a Attachment 6 HERITAGE BARN GRANT SPECIAL TERMS AND CONDITIONS 1) Grantee agrees to record a Historic Preservation Easement in a form as specified by the Department. 2) Grantee agrees to proactively maintain the Heritage Barn for a minimum of ten (10) years, in accordance with the terms of this Grant Agreement. If within a period of ten (10) years, action is taken with respect to the Heritage Barn which causes it to be no longer eligible for listing in the Washington Heritage Register or the Washington State Heritage Barn Register, grant funds shall be repaid in full within one year. 3) If the Heritage Barn is not visible from a public right of way, Grantee agrees to provide public access to the exterior of the Heritage Barn under reasonable terms and conditions, as set forth in Laws of 2007, Chapter 333, codified as RCW 27.34. 4) All work must comply with the United States secretary of the interior's standards as set forth in the Grant Agreement, provided, however, that exceptions may be made for retention or installation of metal roofs. Such exceptions shall be made on a case-by- case basis at the sole discretion of the Department. 5) The Heritage Barn Preservation Fund ("Fund") shall be acknowledged on any materials produced and in publicity for the work performed under this Grant Agreement. Grantee agrees to post a sign acknowledging the Fund at the worksite for the duration of this Grant Agreement. �E emAfe nn State of Washington • Department of Archaeology 8 Historic Preservation ° �' 6. P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 ���by�seo a�"2 www.dahp.wo.gov