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HomeMy WebLinkAboutPW13-121 - Original - King County Flood Control Zone District - Briscoe-Desimone Levee Improvements - 06/06/2013 Records ManagemenU.- T Document W A9NINGTGN CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: King County Flood Control District Vendor Number: )D Edwards Number Contract Number: 106c)1 3- JA I This is assigned by City Clerk's Office Project Name: Briscoe-Desimone Levee Improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Interlocal agreement for levee co nstruction,_operation and maintenance. _ 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Briscoe—Desimone Levee River Mile 14.3 to 17.0, Right Bank THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE ("Agreement') of the Briscoe—Desimone Levee, River Mile 14 3 to 17.0, Right Bank ("Levee") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation ("City"), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of Washington("District") (collectively, the "Parties"). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks (`WLRD''), as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River Levee System. B. The Briscoe-Desimone levee ("Levee") is a key part of the Green River levee system. The District Board of Supervisors desires to improve the Levee by constructing new floodwalls at four sites, known as Reaches 1, 2, 3 and 4, described and shown in Exhibit A (Sheet 1 of 4 and Sheet 3 of 4). The four floodwall projects will hereafter be referred to individually as "Reach "X" Project" or "Reach Project," and collectively as "Levee Project," "Levee Reaches," or "Reach Projects." The Levee Project is planned for construction from 2013 through 2015 The Reach 3 Project will be constructed first, beginning in 2013. C. Based on a collaborative effort, presentation and request to the State Legislature in the 2012 Legislative Session, the Legislature passed ESHB 6074 relating to the 2011-2013 State Capital Budget. Section 3009 of ESHB 6074 appropriated $7,000,000 to the District for the "Briscoe-Desimone levee improvement project" This amount was based on the City's estimated cost to construct the Reach 3 Project in order to meet National Flood Insurance Program accreditation standards, and allow the Federal Emergency Management Agency ("FEMA") to verify compliance with such accreditation standards. Unless the State Legislature reappropriates the funds into the 2013-2015 biennium, the appropriation will need to be expended prior to June 30, 2013 D. Using ESHB 6074 funds, the District desires to authorize and the City desires to construct the Reach 3 Project as soon as possible, in order to provide for the safety of the residents and businesses that will be protected by this levee. 1 EC approved (RB-RK) E. By Resolution FCD2013-06, adopted on April 29, 2013, the District Board of Supervisors authorized the Chair of the Board to enter into a Grant Agreement (No. G1300118) with the state Department of Ecology relating to the use of the $7,000,000 for the Reach 3 Project("DOE Agreement") The DOE Agreement estimates that the cost of the Reach 3 Project will be $7,500,000, with a maximum grant amount of $7,000,000 and a maximum District contribution of$500,000. F. By Resolution FCD2013-02 2, adopted on February 26, 2013, the District Board of Supervisors declared its intent to address urgent flood risk reduction needs throughout King County and to work cooperatively with Green River cities to manage flood plain resources In this Resolution, the District Board of Supervisors also approved funding for the Levee Project under certain conditions and requirements to be satisfied by both the City and the District G. In Resolution FCD2013-02.2, the District Board of Supervisors did not specify a maximum funding for the Levee Project During the District Board of Supervisors' discussions of this Resolution, the City stated that the estimated cost of the Levee Project would be $17,000,000. The District Board of Supervisors required changes to the design of the Levee Project floodwalls and called for additional setbacks for the Reach 1 levee The City also stated that the required design change would add an additional $1,000,000 to the Reach 1 Project cost, resulting in a total cost of$18 000,000 for the Levee Project. H. After adoption of Resolution FCD2013-02.2, the City revised its estimate for construction of the Levee Project to $18,500,000. The District has not reviewed or analyzed this City estimate. 1. The Parties desire to enter into this Agreement to establish the terms and conditions for the Levee Project, and for all four Reach Projects. J. By Motion FCD11-02.1, adopted on July 6, 2011, the District Board of Supervisors adopted certain levee maintenance and repair standards and requirements and addressed countywide flood protection levels, levee accreditation and certification. This Motion is applicable to the Levee Project, to the extent that the Motion is consistent with Resolution FCD2013-02.2. AGREEMENT Based upon the foregoing, the Parties agree as follows: 1. Incorporation of Recitals—Scope of Agreement. All recitals above are hereby incorporated and ratified as part of this Agreement. This Agreement establishes the terms and conditions for design, construction, installation, operation, maintenance and repair of improvements to the Levee and its four Reaches, as those terms are defined in the recitals above. 2 EC approved (RB-RK) 2. Definition of District. Unless provided otherwise in this Agreement, the term "District"hereinafter also shall include WLRD in its capacity as service provider to the District. 3. Interlocal Agreement with Tukwila. The City of Kent shall enter into an agreement with the City of Tukwila to act as lead agency for all work within the City of Tukwila. 4. Levee Design, Construction and Reimbursement. a. The City shall design, construct and install the improvements to the Levee Project and the four Reach Projects described and depicted on Exhibit A, attached hereto and incorporated herein by reference in accordance with this Agreement, the DOE Agreement", and District Resolution FCD2013-02 2 ("Resolution") (the Resolution is attached as Exhibit B, which is incorporated herein by reference), as supplemented by the terms and conditions of Attachment A to Exhibit B, attached hereto and incorporated herein by reference. By executing this Agreement, the Parties acknowledge receipt and review of the DOE Agreement. b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals for the Levee Project, and shall fully comply with all applicable requirements and conditions thereof. C. The Parties acknowledge and understand that at the effective date of this Agreement, most but not all of the estimated cost of the Levee Project is included in the District's 2013-2018 Six-Year CIP, most but not all of the estimated cost of the Reach 3 Project is included in the District's 2013 Budget, and the estimated cost of the Reach 1, 2 and 4 Projects is anticipated to be included in the District's budgets for 2014 and thereafter. The District's obligation and responsibility to provide funding for the Levee Project, including all four Reach Projects, is conditioned upon appropriation by the District Board of Supervisors of sufficient funds to finance the Levee Project and the four Reach Projects, including the Reach 3 Project in the 2013 and 2014 calendar years. If the District Board of Supervisors fails to appropriate expenditures in a District budget to reimburse the City for costs and expenses related to the Levee Project or any of the four Reach Projects, the District reserves the right to terminate this Agreement, and the City shall immediately terminate work on any and all Reach Projects; provided, that until substantial completion of a Reach Project, the District shall continue to accept and review City requests for reimbursement up to the amount of funds appropriated in an approved District budget and still available for reimbursement under the DOE Agreement or this Agreement. d. The City's cost and expense for the Levee Project improvements shall be reimbursed pursuant to the procedures, requirements and restrictions of paragraph 13 below. e. The City shall obtain and convey to the District or King County any necessary easements for design or construction of or access to the Levee in the form of the standard River Protection Easement in Reference 8-P to the King County Surface Water Design Manual. These 3 EC approved (RB-RK) easements shall include all of the improvements designed and built under this Agreement; all areas necessary for any temporary erosion control measures; a 15-foot maintenance/inspection corridor along the landward side of these areas; and suitable access for heavy equipment to reach all of these areas from the public roadways. All of the easements required for construction of any floodwall segment in Reaches 1 through 4 must be approved, accepted and recorded by the District before commencement of construction of such floodwall segment The City also shall obtain and convey to the District or King County all restrictive covenants as required by the DOE Agreement for the Reach 3 Project, and as required by other state of Washington Department of Ecology agreements that provide funding for the other Reach Projects. 5. Levee Maintenance, Operation and Repair Standards. The District shall operate, maintain and repair the Levees in accordance with this Agreement, which includes Exhibit C, attached hereto and incorporated herein by reference, and with District general standards, requirements and policies for operation, maintenance and repair of Green River levees, as these are determined and applied by the District,provided that: a. The District shall not be obligated to operate, maintain and repair a Levee if FEMA does not approve a risk-based approach to operation, maintenance and repair of the Levee; and b. If the total cost of Levee operation, repair, and maintenance in the project area shown on Exhibit A exceeds the sum of average annual costs for the Green River levee system over the number of years this agreement has been effective, the City shall cover all costs and expenses in excess of the average For this purpose, the average annual cost is $95,000 per levee mile per year in 2013, to be adjusted for inflation each year thereafter. The District will provide the City with an annual report of operation, repair, and maintenance costs incurred in the project area. 6. District Review of Levee Plans and CLOMR Applications. The City shall provide to the District a schedule of the material and significant events and actions for design and bidding of each Reach Project, which events and actions shall include, but not be limited to, three design stages and the invitation to bid. The City shall submit plans and specifications for each of these three design stages to the District for review and comment. For all Levee Reaches, at least thirty (30) days before advertising an invitation to bid, the City shall submit to the District for review and comment the plans, specifications and requirements of the invitation to bid and the application (with attachments and exhibits) for a FEMA Conditional Letter of Map Revision ("CLOMR"). The District shall submit any comments within thirty (30) days of receipt of the documents 7. Additional Activities. The District will provide enhanced monitoring of the Levee through slope stability instrumentation, and the District may seek reimbursement of the cost of such monitoring from State of Washington funding. 4 EC approved (RB-RK) 8. District Inspections. The District shall have the right to inspect the City's construction of the Levee Project. 9. Contracts for Levee Work. Upon execution of a contract for construction of a Reach Project, the City shall send a copy of the contract to the District. 10. Record Drawings; Retention and Review of Documents. The City shall submit to the District record drawings for each Reach Project, in a form and with detail required by the District. The City agrees to maintain documentation of all planning, design, construction and inspection of all Reach Projects sufficient to meet state audit standards for a capital project, recognizing that the costs of the Levee work are paid for in whole or in part by City, District and State of Washington funding sources, and that the City, the District and/or King County may seek recovery of costs expended from other governmental funding sources The City agrees to maintain any additional documentation that is requested by the District. City contracts and internal documents shall be made available to the District for review and/or independent audit upon request. 11. Access; Special Use Permit. To the extent that the District's or King County's property interests require and allow, the City shall follow the District and/or King County processes for obtaining, as applicable, special use permits, consistent with King County special use permit procedures and standards, and shall obtain such permits for any City access to and construction and inspection work on the Levee. The District shall waive any applicable bond requirements. If Levee Project work involves access to and use of real property for which neither the District nor King County has real property interests or rights, the City shall be responsible for obtaining real property rights sufficient for City access to and construction and inspection of such Levee Project work, and District and WLRD access to and maintenance, operation and repair of the Levee. 12. District Costs and Expenses. a. The total cost to the District of the four Reach Projects shall not exceed $11,000,000, of which the District's maximum contribution toward the Reach 3 Project shall be $500,000. b. For the Reach 3 Project, the District shall seek reimbursement from the State of Washington funding under the DOE Agreement or from the District's maximum contribution of $500,000 toward the Reach 3 Project. The District reimbursement shall be for all actual costs and expenses incurred by the District as of January 1, 2013 to review Reach 3 Project design and construction documents and to inspect the Reach 3 Project work. c. For Reach Projects 1, 2 and 4, the District shall seek reimbursement from the District's maximum contribution of$10,500,000 toward Reach Projects 1, 2 and 4, for all actual 5 EC approved (RB-RK) costs and expenses incurred by the District as of January 1, 2013 to review Reach Projects 1, 2 and 4 design and construction documents and to inspect the Reach Project work. d. For King County employees providing the services to the District described in subsections b and c above, the actual costs shall include salaries, employment benefits and administrative overhead. 13. Reimbursement of City Expenditures. a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after January 1, 2013 for design, right-of-way acquisition, construction and inspection of the Reach Projects. The requests shall be in a form and shall contain information and data as is required by the District. b. For the Reach 3 Project, the District shall review the requests to confirm that they are reimbursable and payable under the DOE Agreement and this Agreement The District shall endeavor to complete such review within thirty (30) days of receipt of a request. For reimbursement amounts approved by the District and paid for under the DOE Agreement, the District shall send a request for such reimbursable amounts to the appropriate State department for review and approval, up to a maximum of$7,000,000. Within thirty (30) days of receipt of State funds. the District shall forward the State funds to the City. For requests that are not reimbursable and payable under the DOE Agreement, the District shall endeavor to review such requests within thirty (30) days of receipt of the request, in order to determine whether they are reimbursable and payable under this Agreement. Any approved additional reimbursement shall not exceed a total of$500,000, less any funds paid to the District under this Section 13, without prior authorization from the District If there are funds remaining from the DOE grant subsequent to construction, the District shall submit a request to DOE to utilize those funds on Reaches 1, 2, and/or 4. The District shall forward the approved reimbursement to the City within forty-five (45) days of the City request. C. For Reach Projects 1, 2 and 4, the District shall review the requests to determine whether they are reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. Any approved reimbursement shall not exceed a total of$10,500,000, less any funds paid to the District under Section 12.c., without prior authorization from the District. The District shall forward the approved reimbursement to the City within forty-five (45) days of receipt of the City request. d. The District may postpone review of a City request for reimbursement where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide the requested information or data within thirty (30) days of the request for such 6 EC approved (RB-RK) information or data If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with paragraph 22 below. After resolution of the dispute, the District shall send a request for reimbursement to the appropriate State Department or provide reimbursement as provided in this section 13. 14. Levee Warranty. The City shall warrant the materials, work and function of a Reach Project for five (5) years after the City's acceptance of construction of the Reach Project. 15. Compliance with Laws and Regulations. The City shall be responsible for compliance with all applicable laws and regulations, and obtaining all required permits, approvals and licenses in connection with a Reach Project. 16. Impact on Other Reaches or Segments The District and the City agree that the improvements to the Levee under this Agreement should not have a detrimental effect on other segments or reaches of the Green River levee system. The improvements to the Levee shall be deemed not to have such a detrimental effect where the improvements fully protect the conveyance capacity and storage volume of the floodplam during base flood (100-year flood) conditions, as demonstrated by compliance with King County flood hazard regulations, which are Sections 21A.24.230 through 21A 24 260 of the King County Code. 17. Duration. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect for thirty (30) years from the effective date. 18. Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the District and/or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW, or as otherwise granted or provided for by law. 19. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to the Levee work authorized by this Agreement to be placed upon the real property interests of King County and the District. If such hen or encumbrance is so placed. King County and the District shall have the right to remove such lien and charge back the costs of such removal to the City. 20. Indemnification. To the maximum extent permitted by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design and construction of the improvements to the Levee under this Agreement. As to all other obligations under this Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and 7 EC approved (RB-RK) hold harmless the other Party, and all of its officials. employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Party or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86 12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance. Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the mdemnitor's employees. This waiver has been mutually negotiated. 21. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising under this Agreement. Should any Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000.000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 22. Dispute Resolution. The Parties will seek to resolve any disputes under this Agreement as follows. a. For disputes involving cost reimbursements or payments, as provided for in paragraph 13 above, submittal of all relevant information and data to an independent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Parties, for a non-binding opinion as to the responsibility. b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County, Washington. C. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this paragraph 22. 8 EC approved (RB-RK) 23. Entire Agreement: Amendment. This Agreement, together with its Exhibits A through D, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. Should any conflict exist between the terms of this Agreement and the terms of the Exhibits,this Agreement shall control. 24. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 25. Notices, Communications and Documents. All communications and documents regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party gives notice of a change of address. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the address state below or such other addresses as may be hereinafter specified in writing. 26. Authori . The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT B : B Y Y: Su et t ooke Its: M Its. Board Chair DATE. li G /3 DATE: S "Z l • t3 APPRO T O APPROVE D AS TO ORM: B By: ity r egal Counsel 9 EC approved (RB-RK) EXHIBIT A Sheet 1 of 4 Description of Briscoe-Desimone Levee Improvements The Briscoe-Desimone Levee is located along the right bank (easterly side) of the Green River between S. 200th Street and S. 1801h Street, (see Figure 1, Exhibit A Sheet 2 of 4). The Briscoe levee is located along the right bank of the Green River between S. 200th Street and S. 189th Street within the City of Kent. The Desimone levee is located along the right bank of the Green River between S. 1891h Street and S 180th Street in the City of Tukwila Together these levee segments are approximately 2.7 miles in length and protect properties within the cities of Kent, Tukwila and Renton. Tilt-up style buildings (manufacturing and industrial) are located adjacent to the entire stretch of levee. Four sections (reaches) of the levee, approximately 4,450 linear feet, don't meet slope and stability requirements and need repair to meet FEMA accreditation requirements. Reach 1 is located between RM 14.47 and 14.63 and totals 1,050 If. Reach 2 is located between RM 15.45 and 15.57 and totals 8501f Reach 3 is between RM 15.98 and 16.36, totaling 2,350 If, and Reach 4 is between RM 16.95 and 17.00 and totals 2001f. Reaches 1, 2 and 3 are on the outside of sharp bends in the river and Reach 4 is just north of the S 2001h Street Bridge Structural steel sheet pile walls are proposed to be installed at the back of the existing levee slope to act as a secondary levee to reduce flood risk to the cities of Kent, Tukwila and Renton and protect the large number of warehouses, manufacturing facilities and some retail establishments behind these levees. These areas are shown on Figure 2, Reach Location Map (see Exhibit A Sheet 3 of 4). In addition, large stumps and roots will be removed in areas between the four reaches along the levee where they could compromise levee stability and/or are in the construction project area. The walls will provide a minimum of 3 feet of freeboard above the predicted 100-year flood event, (see artist rendering Exhibit A Sheet 4 of 4) This proposal allows for some re-vegetation and habitat restoration work along the river between the ordinary high water line and the trail in areas where the wall is constructed. In areas where walls are installed, benches will be constructed where feasible and native vegetation will be planted above the ordinary high water line. 10 EC approved (RB-RK) ELLEV � I ' t i j All TT— Z EN r n Y �s i a p a fn 0� N I O fi ! s rBOTH sr SW 43rd y t' TUKWILA S r88T ' I o S i90th ST � ��L_._� > fry �s r to c+ $ a s rssth W U+l S 200TH ST BRISCOE V11 f DESIMONE I! LEVEE_ <I ZI CITY OF KENT I � S 2i2TH ST i S 208TH i 0 `�Q I >z y v ms�J h W 0� I 4 x at CD ENGINEERING DEPARTMENT CITY OF KENT FIGURE 1 ORay�N SCALE Nor TO-SCALE VICINITY MAP fir[ j BRISCOE DESIMONE LEVEE MI�e N1YOTEY APPROVED EArE 10-10-12 0\Devgn\09-3011 DESIMONE WADS\4.9\SEPAV17x0 deq 10/10/3012 1 26 23 PM 3 Y W Z j tl JPV� �1 0 W �• 73 Z I ,O C Q S 180TH ST \ Sw 43rd Tj ST. z TUKWILA LEVEE Q REACH S 190th ST 1ri REACH 2 v; Q ..T o ®I c vi 4 D a a N _ CD ! Q } m ti S 196th ST `O REACH 3 REACH 4- I -L r CITY OF KENT ENGINEERING DEPARTMENT CITY OF KENT FIGURE 2 LOCATION MAP SCENT oRAwa SCAT£ NOT TO SCALE BRISCOE DESIMONE LEVEE w.xxixerPx APPROVED DATE 10-10-12 0\Oes)gns O9-3Oi1 DESIMOPIE WAILS se.q\SEP A\Pi4vn2 d.ry, 10/10/2012 146 00 PM . P � 1 z ot— J w <'S W Q = W LU w j Z m a U- � o w ULU LU or. a N z a s z W O « o z Q O a a � a Q G W = : V) W Ln a s W V) Ln yr� * W • 5}• KING COUNTY 1200 King County Courthouse 9 44 516 Thud Avenue Seattle,WA 98104 Signature Report icing County February 26, 2013 FCD Resolution Proposed No.FCD2013-02.2 Sponsors 1 A RESOLUTION relating to the Briscoe-Desimone levee on the 2 Green River; initiating a comprehensive planning process and 3 providing funding for the Briscoe-Desimone levee project on 4 certain conditions. 5 WHEREAS,public safety is the highest priority for the allocation of King 6 County Flood Control Zone District ("District")funds; and 7 WHEREAS, the District seeks to address urgent flood risk reduction needs 8 throughout King County, and 9 WHEREAS,the Green River valley is home to over 100,000 jobs,contains one 10 of the largest warehouse and distribution complexes in the nation,has an annual payroll 11 of$2.8 billion(one-eighth of the gross domestic product of the state of Washington)and 12 accounts for amoral taxable revenue of over$8 billion; and i 13 WHEREAS,Policy G-13 of the 2006 King County Flood Hazard Management 14 Plan,which has been adopted by the District as its comprehensive plan("District's 15 Comprehensive Plan"),states that King County and the cities and towns therein should i 16 work cooperatively to manage floodplain resources, and 17 WHEREAS, Policy G-9 of the District's Comprehensive Plan states that King 18 County's rivers and tributaries and their associated floodplams should be managed for 19 multiple, and sometimes competing, uses and objectives, and 1 FCD Resolution 20 WHEREAS,the Briscoe-Desimone levee on the Green River is located between 21 South 180th Street and South 200th Street in the cities of Kent and Tukwila(Briscoe- 22 Desimone Levee"); and 23 WHEREAS, in 2012 the Washington state legislature awarded to the District a 24 grant of$7 million for the Briscoe-Desimone Levee project, and 25 WHEREAS, the District hired an expert third party("Third-Party Reviewer")to 26 review two alternative designs for the Briscoe-Desimone Levee improvements,and 27 WHEREAS,the Third-Party Reviewer has expertise in analyzing the stability of 28 I-walls and levees, and served on national independent review panels for levee failures in 29 the state of Louisiana following Hurricane Katrina and on review panels for the 30 Sacramento-San Joaquin Delta in California; and 31 WHEREAS,on January 29,2013,the Third-Party Reviewer submitted to the 32 District a report of his analysis and findings, entitled "Expert Engineering Independent 33 Third-Party Review,Briscoe-Desimone Levee Design,Green River Basin, State of 34 Washington" (Report"), and 35 WHEREAS, on January 23 and February 7,2013,the Third-Party Reviewer gave 36 a presentation of his analysis and findings to the District executive committee,which 37 considered the presentation,the Report and comments from the public, including 38 comments by King County.the city of Kent,and interested organizations, and 39 WHEREAS,based on the District's Comprehensive Plan,the Report, and 40 reports, information and data prepared by District staff, consultants and contractors,the 41 Board of Supervisors of the District desires to select one of the two alternative designs 2 FCD Resolution 42 for the Briscoe-Desimone Levee improvements and to authorize funding for the Briscoe- 43 Desimone levee; now,therefore 44 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING 45 COUNTY FLOOD CONTROL ZONE DISTRICT: 46 SECTION 1. The District will initiate a comprehensive planning process, such 47 as the United States Army Corps of Engineers' System-wide Improvement Framework, 48 after accepting at an executive committee meeting the information provided about the 49 scope,anticipated staff time and estimated costs Issues to be studied should include, but 50 are not limited to,the following: ,R 51 A. Safety and levee heights, E 52 B Economic objectives, f 53 C. Environmental objectives; i 54 D. Howard Hanson Darn risk assessment; t` 55 E. Land use, E 56 F. Operations and maintenance, and 57 G FEMA levee accreditation. 58 SECTION 2 The District will execute a grant agreement with the state of 59 Washington for the$7 million grant award for the Briscoe-Desimone levee project as 60 soon as possible 61 SECTION 3. The District will provide funding for the Briscoe-Desimone 62 levee project designed using setback levees that are retained by walls on the landward 3 k FCD Resolution ' 63 side at the four outside bends of Green River between South 200th and South 180th 64 Streets in the Cities of Kent and Tukwila and incorporating the conditions and 65 responsibilities of this Resolution. 66 SECTION 4 For the Briscoe-Desimone levee project,the District supports the 67 use of setback levees that are retained by walls on the landward side The following 68 conditions must be met• 69 A. The design and installation of the Briscoe Desimone levee project shall be 70 consistent with applicable state and federal regulations and standards,including but not 71 limited to the state Shoreline Management Act,the federal Clean Water Act, and state 72 water quality standards,and shall receive all necessary local,state, and federal permits. 73 B The top of the setback levee retaining wall shall be consistent with the height 74 of the adjoining levee sections 75 C. The city of Kent's("City")responsibilities and conditions in relation to the 76 Briscoe-Desimone levee project are as follows 77 1 The City, or its engineering consultants, shall submit to the District a 78 plan to provide for resiliency of the landside levee and wall in the event of overtopping 79 The plan should include identification of the areas that are most susceptible to erosion, 80 such as the base walls and valleys on the landside slopes of Briscoe-Desimone Levee at 81 the bends 82 2. The City shall reduce and mitigate the potential for erosion The City, 83 or its engineering consultants, shall identify permanent or temporary strategies to 84 minimize erosion in these locations of potential erosion 4 FCD Resolution 85 3 If the City uses temporary erosion control measures,such as 86 sandbags,the City must commit to paying for and having on hand the materials and 87 necessary equipment to install the temporary measures in the event of over-topping 88 4 Where the bases of the walls encroach on private property and the { 89 erosion forces are more significant,the City shall obtain any necessary easements for 90 design or construction of or access to the Briscoe-Desimone levee. 91 5. The City shall move the setback wall back from the toe of the existing 92 levee in the northernmost setback segment near the West Valley Highway,consistent 93 with the alternative of the GEI report prepared for the City and dated 2012 94 6 Prior to release of District funds for the Briscoe-Desimone levee 95 project, the City shall provide to the District a plan to address potential corrosion of the 96 sheet pile walls. This plan must include options for addressing potential corrosion. 97 7. The City shall enter into an agreement with the Washington State 98 Department of Transportation related to the West Valley Highway and its role as a levee. 99 8 The City shall permit, design,and construct replacement of the trail to 100 meet King County Parks regional trail standards F 101 9 Any contracts between the City and any consultants, engineers,contractors or 102 other design or construction entities (collectively, "contractors")shall include provisions whereby 1 103 the City and its contractors name the King County Flood Control Zone District and King County j 104 as additional insureds All such contracts shall provide insurance coverage to the King County 105 Flood Control Zone District and to King County, consistent with King County's guidelines and 106 requirements for insurance for similar contracts. 5 FCD Resolution 107 10 The City and King County shall provide a monthly written report to the 108 Executive Committee on the first day of each month regarding implementation of the Briscoe- 109 Desi none levee project including any regulatory requirements that may impact the budget, 110 schedule, design,construction and/or maintenance 111 11. The City shall cover the costs of any maintenance for the project in excess of 112 the average annual maintenance and repair costs for the Green River($95,000 per mile per year). 113 This amount shall be adjusted for inflation annually. 114 D. King County's responsibilities and conditions,as the District's service provider, in 115 relation to the Briscoe-Desimone levee project are as follows s i 116 1. King County shall include inspection of the sheet pile walls for 117 corrosion in the County's operations and maintenance activities. ` 1 118 2. King County shall monitor deformation and erosion of the Briscoe- 119 Desimone Levee riverbank to provide quantitative and scientific information for future 120 projects about how the river is working with its flow regulated by the Howard Hanson t 121 Dam This information will assist the District in preparing public warnings in the event of [ 122 a breach in the Howard Hanson Dam, 123 3. King County shall prepare a plan to ensure that materials and 124 equipment for emergency repairs to the Briscoe-Desimone levee are available in as 125 timely a manner as possible. 126 4 King County and the City shall provide a monthly written report to the 127 executive committee on the first day of each month regarding implementation of the Briscoe- 128 Desimone levee project including any regulatory requirements that may impact the budget, 129 schedule,design, construction,and/or maintenance 6 FCD Resolution 130 5. King County as the District's service provider will pi ovide the 131 District with timely technical assistance in reviewing plans submitted to the District by 132 the City 133 SECTION 5. The District shall provide funding for inspections,operations and 134 maintenance on the Briscoe-Desimone levee. King County,as the District's service provider, 135 shall inspect,maintain and repair the Briscoe-Desimone levee. Y 136 SECTION 6. The District will ensure that public safety plans are in place, 137 including annual outreach to residents and workers along the Green River, as well as 138 other basins in King County. The District will make these plans a priority in the ; 139 District's 2014 budget. 140 SECTION 7 The District will encourage all businesses and residents in low- : 141 lying areas near rivers,regardless of levee accreditation,to purchase flood insurance. 142 SECTION 8. The conditions along the South 200th Street to South 180th Street South 143 corridor in the cities of Kent and Tukwila represent a unique set of circumstances in King 144 County The approval of the use of flood walls in this location does not set a precedent for their 145 use to other parts of the County or the Green River corridor,nor should this limited use be 146 considered a departure from the District's intent of setting back levees where appropriate. 3 147 SECTION 9. The District hereby directs District staff to work with King County to 148 develop a funding strategy for consideration by the District using bond financing to accelerate 149 high-priority flood protection projects throughout the county that are not fully funded through 3 150 pay-as-you-go implementation of the District's capital improvement program. This strategy 151 should consider the long-term financial stability of the Flood Control District,the ability to 152 commit Flood District revenue to pay necessary debt service over the life of the bond.the 7 FCD Resolution 153 preservation of capacity to provide for ongoing maintenance,and the maintenance of adequate 154 reserves to respond to flood emergencies. 155 FCD Resolution was introduced on and passed as amended by the King County Flood Control District on 2/26/2013, by the following vote. Yes: 8 -Mr. Phillips, Mr. von Reichbauer, Mr. Gossett, Ms. Hague, Ms. Patterson,Mr. Dunn, Mr, McDermott and Mr. Dembowski No: 0 Excused: 1 -Ms. Lambert KING COUNTY FLOOD CONTROL ZONE DISTRICT KING C'OtU " ,WASHINGTON ell Reagan Dunn,Chair ATTEST: Anne Noris,Clerk of the District Attachments:None 8 ATTACHMENT A TO EXHIBIT B SUPPLEMENTAL TERMS AND CONDITIONS—RESOLUTION 2012-02.2 1. The top of the setback levee retaining wall shall be consistent with the height of the adjoining levee sections, except as is appropriate for safety of cyclists, pedestrians and others using the trail along the top of the wall. Transitions at the ends of each wall shall provide for trail user safety and for levee erosion resistance from overtopping flows that might be concentrated around the ends of the wall and around the ends of trail user protection measures. 2. The City, or its engineering consultants, shall submit to the District a plan to provide for resiliency of the landside levee and wall in the event of overtopping. The plan shall include identification of the areas that are most susceptible to erosion, and shall propose appropriate protection measures for each of those areas. The City shall submit the plan as a recommendation for consideration and approval by the District in the Levee construction plan review process. 3. The City shall reduce and mitigate the potential for erosion. The City, or its engineering consultants, shall identify permanent or temporary strategies to minimize erosion in locations of potential erosion. The City shall submit these strategies as recommendations for consideration and approval by the District in the Levee construction plan review process. 4. If the City strategy to minimize erosion in the event of overtopping relies upon temporary erosion control measures such as sandbags, the City must commit to paying for and having on hand the materials and equipment, and access to sufficient labor, to install all temporary measures in preparation for overtopping. The City shall prepare a plan that describes the temporary measures, the staging of material and equipment, sources of labor, estimated time for installation, and specific river conditions that will trigger installation. This plan must be submitted for consideration and approval by the District in the Levee construction plan review process. The City must also prepare before October 1 each year by staging all necessary materials and equipment specified in the plan The City must fully install all such temporary measures immediately upon recognition that the trigger conditions in the approved plan are met The City must also remove all such temporary measures within eight weeks after flood conditions subside The City is fully responsible for all associated costs including but not limited to materials, equipment, and labor. 15 EC approved (RB-RK) 5. The City shall move the setback wall back from the landward toe of the existing levee in the northernmost setback segment near the West Valley Highway, consistent with the alternate alignment described by GEI Consultants, Inc., in section 8.3.2.5 of its April, 2012 draft FEMA Accreditation Report for the Briscoe-Desimone Levee System. 6. The plan to address potential corrosion of the sheet pile walls shall be submitted for consideration and approval by the District in the Levee construction plan review process. 7. The agreement with the Washington State Department of Transportation shall be approved by the District prior to the release of State or District funds for Reach 1 of the Levee. 8. To assist in implementing the District plan for emergency repairs, the City shall provide project design information and emergency planning recommendations of observations, physical measurements, tolerances, thresholds, and considerations for the District's inspection and risk-based decision-making as appropriate for emergency plans associated with the Levee design. The City will provide this information to the District by August 1, 2014. 9. The City shall permit, design, and construct replacement of the trail to meet King County Parks regional trail standards. The City shall submit plans to King County Parks for review coincident with District plan review at each design phase. 16 EC approved (RB-RK) EXHIBIT C Levee Inspection, Maintenance, Operation and Repair 1. The Levee shall be maintained and operated consistent with the District's Flood Hazard Management Plan Policy PROJ-6, Flood Protection Facility Design and Maintenance Objectives (or its successor) which states as follows: "[The District] should construct new flood protection facilities and maintain, repair or replace existing flood protection facilities in such a way as to: • Require minimal maintenance over the long term, • Ensure that flood or channel migration risks are not transferred to other sites, • Protect or enhance aquatic, riparian and other critical habitats, and • Protect or enhance multiple beneficial uses of flood hazard area." 2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a CLOMR or LOMR for the Levee, the District shall not be obligated to operate and maintain the Levee. 3. The upper 1/3 of the riverward slope above the OHWM may be mowed and maintained in grass cover. 4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all times, including access by heavy construction equipment and earth-hauling machinery. 5. The landward Levee slope may be mowed and maintained in grass cover. 6. The 15-foot maintenance access and inspection area along the landward Levee toe may be mowed and maintained in grass cover. 7. All such mowed areas may alternatively be planted and maintained with native riparian woody vegetation. 8. Upon acceptance of completed Levee construction by the District, the Levee, as constructed to these standards, shall be inspected by the District prior to leaf emergence each spring, at low-flow conditions in the late Summer or early Fall, prior to the onset of 17 EC approved (RB-RK) fall rains and seasonal high flows, and during and immediately following flood events at Phase III (9,000 cfs) or greater. 9. All structural features of the Levee shall be inspected by the District for deterioration or damage, including the presence of any slope erosion, washouts, slumping, slides, or sloughing, and any conditions noted shall be included in prioritization of District and/or King County maintenance and repair needs, and in performance of maintenance and repair actions at the earliest appropriate opportunity. 10. All vegetation on the levee slopes, benches, or along the lower embankment shall be inspected by the District for erosion of the riverward embankment in the root zone, and appropriate corrective action shall be taken where such conditions may be present. 11. The District and/or King County shall perform continuing levee patrols during all Phase III or greater flood events. 12. Damaged or impaired Levee conditions observed by the District during flood patrols shall be evaluated for emergency repair actions. 13. Any emergency repairs performed will be inspected by the District at the next low-water period for evaluation of permanent repair needs or additional measures required to restore the function and integrity of all affected locations. 14. The District and/or King County shall prioritize repairs consistent with the adopted policies of the District's Flood Hazard Management Plan, or its successor. 15. The City shall be responsible for all local drainage inspections and maintenance. The District and King County shall not assume any responsibility for stormwater management activities. 18 EC approved (RB-RK) KENT Agenda Item: other Business - 8A W•SHI NG7 ON TO: City Council DATE: May 21, 2013 SUBJECT: King County Interlocal Agreement for Briscoe/Desimone Levee MOTION: Authorize the Mayor to sign an Interlocal agreement with the King County Flood Control District, allocating reimbursement to the City for improve- ments to the Briscoe Desimone Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The State of Washington included in its 2011-2013 biennial budget a $7 million grant for the Briscoe/Desimone Levee. This funding was directed through the King County Flood Control District and is intended to pay for improvements to the levee needed for FEMA accreditation. The Flood Control District also has funding set aside in their budget for this levee segment. After prolonged discussions between the City and Flood Control District Staff on the reconstructing deficient levee sections the Flood Control District best alternative for reco g , Board of Supervisors, at their February 26, 2013 meeting, adopted the city's setback floodwall alternative. The attached interlocal agreement describes the procedure for King County to reimburse the City for the reconstruction effort on the Briscoe/Desimone Levee using state grant money and Flood Control District Funds. EXHIBITS: Interlocal Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Under this agreement, the City would be reimbursed up to $18,000,000 (minus King County costs). This $18,000,000 consists of $7,000,000 from the state grant and $11,000,000 from Flood Control District funds. If costs are anticipated to exceed $18,000,000 before all work is complete, the city would approach I District for additional funding before moving ahead. the Flood Control g 9 �� REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Ken Lan holz Dept/Div. Engineering/Design Extension: 5516 Date Sent: 6/4/13 Date Required: 5/7/13 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: VENDOR: King County DATE OF COUNCIL APPROVAL: 5/21/13 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is the Interlocal Agreement with the Flood Control District for the Briscoe-Desimone Levee Improvements. For additional Infooryi 10 he attached Council motion sheet. � Amr SUN 0 b 2U13 �%ce o, 0 theeMalof All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: �I n Approval of Law Dept.:- Law Dept. Comments: KEN' 9NVII u Date Forwarded to Mayor: ' Shaded Areas To Be Completed By Administration Staff Received: KLULIVED Recommendations and Comments: JUN - 6 2013 L` f CITY OF KENT Disposition: �/6�� �C1 � T/� CITY CI r�r Date Returned: