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HomeMy WebLinkAbout2023-01-09-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday January 9, 2023 - 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 Approve a Resolution for the 2023 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the City of Kittitas 4. Private Development Construction Inspection of Civil Engineering Elements Discussion 5. Other business 6. Concluded Created on 1/6/2023 7:44:35 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 Regular Meeting Monday 1:30 PM January 9, 2023 Board members present: Chairman Cory Wright, Vice -Chairman Brett Wachsmith, and Commissioner Laura Osiadacz. Others: Mark Cook, Rebecca Cruse, Public Works; Dan Carlson, Jessica Miller, Jen Wiemer, Toni Berkshire, Community Development Services; Neil Caulkins, Prosecuting Attorney's Office; No Members of Public. At 1:35 pm Chairman Cory Wright opened the Public Works Study Session. No Citizens Comments. REQUEST TO APPROVE A RESOLUTION FOR 2023 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT WITH THE CITY OF KITTITAS Mark Cook requested the Board of County Commissioners to approve Resolution 2023-005 to award the City of Kittitas $475,000 for acquisition of land and securing municipal water supply for the City of Kittitas. Vice -Chairman Brett Wachsmith motioned to approve Resolution 2023-005 and the Use Tax Infrastructure Improvement Program Agreement. Motion was seconded and approved. PRIVATE DEVELOPMENT CONSTRUCTION INSPECTION OF CIVIL ENGINEERING ELEMENTS DISCUSSION Mark Cook briefed the Board of County Commissioners on the current practice for private civil engineering inspections on roads and stormwater systems. Mark Cook requested direction on staffing a position for civil engineer inspections. The Board directed staff to prepare an analysis for review. Meeting concluded at 1:46 pm 2023-1-09 MINUTES L M/ - Rebecca Cruse, Administrative Assistant 2023-1-09 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, Cory Wright, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS STUDY SESSION STAFF REPORT AGENDA DATE: January 9, 2023 ACTION REQUESTED: Request to Approve a Resolution for the 2023 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the City of Kittitas. BACKGROUND: The Board of County Commissioners based on Public Works staff recommendation awarded $475,000 to the City of Kittitas at the January 3, 2023, Agenda session. This Agreement is the final step in the award process. INTERACTION: Public Works; City of Kittitas RECOMMENDATION: Approve & Sign the Resolution and the 2023 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement. HANDLING: Return one (1) original to Public Works ATTACHMENTS: Resolution; 2023 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement LEAD STAFF: Mark Cook Director of Public Works BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO: 2023-LD5 APPROVING THE 2023 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT WITH THE CITY OF KITTITAS WHEREAS: The 1999 Legislature did pass RCW 82.14.370 Sales and Use Tax for Public Facilities in rural counties; and WHEREAS: These funds may only be used to finance public facilities serving economic development purposes in rural counties and finance personnel in economic development offices in the State of Washington; and WHEREAS: The 2023 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the City of Kittitas has been executed by said entity with funding available January 1, 2023; and NOW, THEREFORE BE IT RESOLVED: The Kittitas County Board of County Commissioners hereby approves the attached 2023 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the City of Kittitas. ADOPTED this 9th day of January 2023. Attest: �lerk of the Board- Julie Kjorsvi BOARD OF COUNTY COMMISSIONERS ❑ Deputy Clerk of the Board- Mandy Buchho .... L a la CZ ;ez;oner 33 1 N7Y ��nnuuuo�" 2023 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS cCOUNTY AND CITY OF KITTITAS This Contract dated Q t1 Ly , 2023 is made and entered into by and between KITTITAS COUNT ("County"), a subdivision of the State of Washington, and CITY OF KITTITAS ("Funding Recipient'). WHEREAS the purpose of this Agreement is to provide for public facility construction and foster economic development opportunities within Kittitas County; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the County and the Funding Recipient mutually agree as follows: Section 1. Scope of Work. a. Funding Recipient shall provide the services and staff described in its Application for Funds submitted to the Council of Governments, as Exhibit "A" which is attached hereto and incorporated herein by this reference. b. Except as otherwise specifically provided in this Agreement, Funding Recipient shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance with this Agreement: Personnel, labor and supervision; technical, professional and other services. All such services, property and other items furnished or required to be furnished, together with all other obligations performed, or required to be performed, by Funding Recipient under this Agreement are collectively referred to herein as "Services." Section 2. Payment. a. As full compensation for satisfactory performance of the Funding Recipient Services, the County agrees to pay Funding Recipient the sum of four hundred seventy-five thousand dollars ($475,000.00). b. Additional payment terms: The County will make payment to the Funding Recipient only on a reimbursement basis, as receipts for any items including marketing and/or advertising are submitted to the County. c. Requests for reimbursements must be submitted to: Kittitas County Public Works Attn: Joyce White 411 North Ruby, — Suite 1 Ellensburg, WA 98926 0oyice.white anco.kittitas.wa.us Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 1 d. Timely and accurate financial reporting is required for fund management by Kittitas County Department of Public Works. Financial reporting requirements for all grant awards are listed below: 1. Using Kittitas County Department of Public Works reporting forms, applicants will submit project status reporting forms within fourteen (14) calendar days from the end of the reporting quarter as specified below: • Quarter 1 ending date: March 31st • Quarter 2 ending date: June 301h • Quarter 3 ending date: September 301h • Quarter 4 ending date: December 31st Recipients may submit reimbursement requests on a monthly basis on Kittitas County Department of Public Works reporting forms. 2. Grant recipients who fail in meeting required reporting requirements are subject to having funding withheld on the fifteenth (15th) day following the end of the reporting quarter. Failure in submitting the required project status reports (two consecutive reporting cycles) may result in award cancellation upon COG review. 3. Financial reporting forms shall be signed by the identified grant official or designee. Section 3. Performance by Funding Recipient a. Funding Recipient shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Funding Recipient shall at all times be an independent Funding Recipient and not an agent or representative of the County with regard to performing the Services. Funding Recipient shall not represent that it is, or hold itself out as, an agent or representative of the County. In no event shall Funding Recipient be authorized to enter into any Agreement or undertaking for or on behalf of the County. It is understood that the Funding Recipient and the Funding Recipient's staff and employees are not employees of the County and are not, therefore, entitled to any benefits provided employees of the County. c. Funding Recipient shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Funding Recipient shall furnish such documents as may be required to effect or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference. Funding Recipient agrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 2 d. The County and the Funding Recipient agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap. The Services shall at all times be subject to inspection by and approval of the County, but the County's making (or failure or delay in making) such inspection or approval shall not relieve Funding Recipient of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non -complying performance, or the substantiality or ease of discovering the same. Funding Recipient shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. This contract is subject to review by any Federal or State auditor. Funding Recipient shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Funding Recipient shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (6) years after contract termination. For such duration after the County makes final payment of compensation due hereunder, Funding Recipient shall provide the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Funding Recipient's books, documents, papers and records related to the Services or this Agreement. g. Funding Recipient understands and acknowledges that Funding Recipient is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature, arising from Funding Recipient's performance of this Agreement. All compensation received by the Funding Recipient will be reported to the Internal Revenue Service at the end of the calendar year in accord with the applicable IRS regulations. h. The grantee shall obligate funding towards construction of the project no later than six months from the time of grant execution (providing the grantee has not submitted the project as being "banked" — COG Policy 2018-05). Obligation is expected to take two forms: consultant contracting or contractor award. Presuming the COG recommends a design only phase of a proposed Public Facility grant, obligation requirements are met on the date of grantee signature on consultant design contract(s). COG recommended construction awards will complete obligation requirements on the date of grantee signature on construction contracts. Failure in obligating grant awards within the prescribed timeframe results in the grant award being remanded back to COG for recommended re -purposing by the Board of County Commissioners. i. The grantee is obligated to follow Public Facility Fund COG policies in effect at the time of grant award as reflected in the Resolution signature date authorizing recipient contracting. COG policies may be obtained from the Department of Public Works (509) 962-7523. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 3 Section 4. Release. Indemnity, and Hold Harmless. The County assumes no liability for the Funding Recipient's actions under this Agreement. Funding Recipient releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: • Any fault, negligence, strict liability or product liability of Funding Recipient in connection with the Services for this Agreement; • Any lien asserted upon any property of the County in connection with the Services for this Agreement; • Any failure of Funding Recipient, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or • Any breach of or default under this Agreement by Funding Recipient. Section 5. Compliance with Public Records Law. a. In compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. In the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Funding Recipient pursuant to Washington's public records act, chapter 42.56 RCW, to allow Funding Recipient to seek a court injunction. c. The County specifically shall not be liable to Funding Recipient for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Section 6. Industrial Insurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional Insureds, officers, agents and employees, the Funding Recipient expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to Funding Recipient's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Funding Recipient. This waiver is mutually negotiated by the parties to this Agreement. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 4 Section 7. Insurance and Endorsements. a. The County may require through a request in writing that the Funding Recipient provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect Funding Recipient, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Funding Recipient or any of its employees, agents or representatives. c. Should the County require such liability insurance, the Funding Recipient agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Funding Recipient shall be attached to this Agreement and by this reference will be made part hereof. e. Where insurance is requested by the County, all liability insurance policies shall be endorsed to include the County as an Additional Insured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be excess and not contributory to any other insurance maintained by the County. Funding Recipient shall furnish the County a certificate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section 8. Termination. The County may, by written notice thereof to Funding Recipient, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Funding Recipient is in breach or default. Upon receiving such notice of termination, Funding Recipient shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. In the event the County terminates the Funding Recipient's Services, the Funding Recipient is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Funding Recipient, if any, as of the date of the notice of termination. Section 9. Miscellaneous. a. Funding Recipient shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Funding Recipient, and supersedes any and all prior oral or written communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 5 unless set forth in a written amendment to the. Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Funding Recipient to the Kittitas County Commissioners and the Kittitas County Public Works Director, 411 North Ruby, Suite 1, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Funding Recipient shall be given to the Funding Recipient's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certified mail, return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Funding Recipient warrants to the County that the individual signing on Funding Recipient's behalf has the requisite power and authority to enter into and to perform Funding Recipient's obligations under this Agreement. Funding Recipient further warrants to the County that Funding Recipient has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Funding Recipient's ability to perform its obligations under this Agreement. g. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 6 KITTITAS COUNTY BOAR AF COUNTY COMMISSIONERS right, Chain Vice- Chairman Commissioner Dated: dy±A - l I 70 z 3 Attest: Clerk of the Board- Julie Kjorsvik G ❑ Deputy Clerk of the Board- Mandy APPROVED AS TO FORM: Deputy Prosecuting Attorney CITY OF KITTITAS Representative A0 boX 7t1 K� l<� 9E8 5q Address SD%- `ICQ- oaa o Telephone I�Icl�0.rcQ h nk� �l�Y o� k;kF �as.cow� Email Dated: 0) - o S— 0- I I - Distressed County Sales and Use Tax Infrastructure improvement Program Funding Agreement Page 7 Kittitas County Department of Public Works 2023 Application Round DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM APPLICATION The Distressed County Sales and Use Tax Infrastructure Improvement Program supports improvements to infrastructure systems that foster economic development in Kittitas County. The goal is to create economic opportunity through Infrastructure investment. APPLICANT INFORMATION Applicant-. City of Kittitas Contact Name: Christa Stream Address: 207 N Main Street City: Kittitas WA Zip: WA Telephone: 509-968-0220 FAX: E-mail Address: Christa.Stream@cityofkittitas.com Office Location: 207 N Main Street Project Name: Project Water Tower Jurisdiction: City of Kittitas Funds Request: $475,000 APPLICATION THRESHOLDS Applicant Requirement: Check -off: © 1. The project is improvement to an infrastructure system(s) linked to economic development. ❑ 2. A detailed 8'% X 11" vicinity map that clearly shows the project is included in the application package. ❑ 3. Distressed County funds are not being substituted for other funds that are already secured. ❑ 4. The project involves traditional improvements, instead of "non-traditional" improvements eligible for "Enhancement" funding ❑ 5. Applicant has submitted only one application this round. ❑ 6. The locaUregional economic development organization has been informed of the project. FA 69 fig Y4 Vi vi e9 rm 69 VF 69 Vn vi fn 66 d d d a C 7 W N C O 69 O U � v a N rl 0 tl d C O u k s o o a p rs9 v3 a 2 a i w O y d ti 13 U e = O r v� us r ci 0 0 0w" a� a N rl 0 tl d C O u k s o o a p rs9 v3 a 2 a i w O y d ti 13 U e = O r v� us r ci 0 0 �r m 64 Vi o C �0 s O C FE A cz O o a " m n b9 69 Ira o 'S d i � C e a a° u a �s ao � ww gq ;a v` C k+ y oYi Y C O ti C Q O O ss3 o H m D: � N PROJECT NARRATWE 1. Project Description: Describe the scope of work. Indicate the major work involved, including a brief comparison of existing and proposed conditions. The purchase of land to place a water tower and city well to support growth of the City of Kittitas for the needed infustructure improvements to support economic growth. 2. Explain how the infrastructure project will helpmeet the economic development goals of your community and/or region. If this project is not done, will the anticipated private development still take place? The water tower with provide additional water connections for additional properties and growth. 3. Indicate if the project is consistent with the following applicable state, regional and local plans and prioritization processes: © Overall Economic Development Plan — Officially Adopted © Comprehensive Land Use Plan — Officially Adopted © Capital Facility Plan — Officially © Community Action Plan (or other community-based plan) — Officially Adopted © Six -Year Transportation Improvement Plan — Officially Adopted © Site-specific development plans; e.g., Community Master Plan — Officially Adopted ❑ Other 4. Public Benefit: Please describe the public benefit derived from project completion. Additional water connections will be available which is needed for growth. S. Define the total number of project partners demonstrating project support. City of Kittitas is partnering with Kittitas County to provide countywide opprotunities for growth. Our city engineers have also been very involved in the planning process for additional water connections. 6. Explain how construction ready this infrastructure project is relative to design completeness and the permitting process. Once funding is secured, there is a property that has been identified for purchase. 7. Indicate the Estimated Number of Short Term and/or Permanent Jobs Created/Retained by the Project. Short-Term:4 Long -Term: 10+ NOTE: Supplemental materials, including transmittal letter, are limited to a maximum of twenty (20) pages single sided or ten (10) pages doubled sided including all graphics. Submittals shall be 12 -point font. COG reserves the right to decline review of submittals that exceed the stipulated length or fail to provide sufficient font size. Submit the original application to: Kittitas County Department of Public Works 411 N. Ruby, Suite #1 Ellensburg, WA 98926 And to: candie.leader@co.kittitas.wa.us Applicant Certification Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. I certify that application thresholds are met at the time of application. , Signature of Official Representative Sponsoring Agency (If Applicable) Signature of Agency Representative Typed or Printed Name f0-7—:,L0�2— Date Date Date Associate Economic Development Organization Notification The organization listed below has received notification of this project as demonstrated by the signature of the organization's representative. Date KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS DISTRESSED COUNTY INFRASTRUCTURE IMPROVEMENT PROGRAM APPLICATION DUE DATES FY 2023 Distressed County Infrastructure Improvement Program, applications are initially due to Kittitas County Department of Public Works for conceptual approval of the infrastructure project. Distressed County Infrastructure Improvement Program applicants are invited to appear at the COG meeting when the project's criterion is reviewed. APPLICATIONS DUE COG MEETING DATES 2023 Application due Date COG Applicant Presentation Meeting October 7, 2022 ...........................................October 19, 2022 COG Meeting "Funding available January 1, 2023 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: January 9, 2023 TOPIC: Private Development Construction Inspection of Civil Engineering Elements ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepare a proposal for Board of County Commission (BoCC) consideration funding a private development inspector assigned to the Design/Construction Division of Public Works (PW). The inspector would evaluate all civil engineering elements of private development proposals. BRIEFING SUMMARY: • Numerous private road construction projects are built in Kittitas County annually with no inspection from PW. • A recent preliminary plat experienced approval delay stemming from the lack of construction management oversight fueling community dis-satisfaction associated with plat construction. • One large development in the county, Suncadia Resort, has specific requirements mitigating construction impact that currently has no PW oversight. • Compliance for adherence to private development construction (civil engineering element) impact mitigation is not being performed by county staff. BACKGROUND: Road construction compliance inspection for private construction is not currently being conducted by county staff. Currently, PW relies on the applicant's engineer to "certify" that completed road construction meets existing county road standards. PW experience has been inconsistent historically utilizing private certification as a means of ensuring code compliance. Recent preliminary plat approval delay of Suncadia Resort LP -22-00005 underscores the current problem associated with the absence of PW inspection services for private land use proposals (civil engineering element). DISCUSSION: Page 1 of 2 Public Works "Work Session Staff Report", 2023 While a need for PW inspection of private development proposals (civil engineering elements) is known, the impacts to current staffing levels has not been evaluated. PW's current permit fee schedule does not contemplate inspection of private development proposals (civil engineering elements). The demand for service and workload impacts can be evaluated and results brought back to the Board for future consideration. If demand warrants and a funding proposal sufficiently offsets cost, PW will likely hire an engineering technician and dedicate the position to private development inspection services. FISCAL IMPACTS: Workload forecast and impacts on existing staffing levels will be conducted by PW Administration and funded by 2023 approved PW Administrative budget. ATTACHMENTS: None. Page 2 of 2 Public Works "Work Session Staff Report", 2023