HomeMy WebLinkAboutPW14-081 - Original - King County Flood Control Zone District - Russell Road Upper Levee Construction, Operation & Maintenance - 04/20/2015 Records Managerneri
KENT Document
WASH$NOTON
i
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:
JD Edwards Number
Contract Number: Pyy NOW of L
This is assigned by City Clerk's Office
Project Name: Upper Russell Road
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: Toby Hallock Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Interlocal Agreement to receive reimbursement for improvements to the Russell Road
Upper Levee - North Reach and South Reach Project.
5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE
Russell Road Upper Levee—North Reach and South Reach
River Mile 19.25 to 20.4, Right Bank
THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND
MAINTENANCE ("Agreement") of the Russell Road Upper Levee — North Reach and South }
Reach, River Mile 19 25 to 20 4, Right Bank ("Levee") is entered into on the last date signed 1
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 c
corporation of the State of Washington("District") (collectively,the 'Parties")
t
z
RECITALS
s`
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 mterlocal agreement with the District operates and maintains a major
portion of the Green River Levee System.
B The Russell Road Upper Levee — North Reach and South Reach ("Levee") is a
key part of the Green River levee system. The District Board of Supervisors desires to improve
the Levee by constructing a new secondary earthen levee described and shown in Exhibit A as
part of a longer term plan for a setback levee in this area The secondary levee project will
hereafter be reterred to as "Project' or "Levee Project". The Levee Project is planned for
construction from 2013 through 2014.
C The District desires to authorize and the City desires to construct the Project as
soon as possible, in order to provide for the safety of the residents and businesses that are
protected by this levee.
D. By Resolution FCD 2012-09.3, adopted on November 5, 2012 and FCD 2013-
14.3, adopted on November 12, 2013, the District Board of Supervisors determined that the flood
control improvements included in that resolution generally contribute to the objectives of the
District's comprehensive plan of development In those Resolutions, the District Board of
Supervisors also approved funding for the North Reach Levee part of the Project and a portion of
the South Reach Levee part of the Project.
E. Consistent with Resolution FCD 2012-09.3, the Parties in July of 2013 entered
d
into the "Agreement for Levee Construction, Operation and Maintenance, Russell Road Upper
Levee-North Reach, River Mile 19 5 to 19.8, Right Bank" relating to the North Reach portion of
1 ;
Russell Road Upper—North Reach and South Reach (Kent)
FCD2014-02
the Project ("North Reach Agreement'). The Parties have implemented in part the North Reach
Agreement.
F. The Parties desire to enter into this Agreement to establish the terms and
conditions for the entire Levee Project,both North Reach and South Reach, and to amend and re-
state the terms and conditions of the North Reach Agreement in this Agreement.
t
G. The Parties desire to complete future additional improvements of the,overall
Russell Road Upper Levee in a setback alignment and the City agrees to work with the District
and/or King County to convey 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 improvements shall include the upstream and
downstream ends of this Project, where the District's eventual setback alignment is landward of
the transition sections.
t
AGREEMENT
1
r
Based upon the foregoing,the Parties agree as follows.
I. Incorporation of Recitals—Scope of Agreement. e
a. All recitals above are hereby incorporated and ratified as part of this Agreement.
b. This Agreement establishes the terms and conditions for design, construction,
installation, operation, maintenance and repair of improvements to the Levee, as that term is
defined in the recitals above. This Agreement amends and replaces the "Agreement for Levee
Construction, Operation and Maintenance, Russell Road Upper Levee-North Reach, Rivet Mile
19.5 to 19 8, Right Bank" relating to the North Reach portion of the Project ("North Reach
Agreement")executed by the Parties in July 2013, on the effective date of this Agreement.
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. Levee Design, Consruction and Reimbursement,
a The City shall design, construct,and install the improvements to the Levee Project
described and depicted on Exhibit A, attached hereto and incorporated herein by reference in
accordance with this Agreement,_subject to the authorizations and restrictions in Exhibit A In
this Agreement, the term "Levee Project" or "Project" shall apply to both the North Reach and
a
the South Reach. unless the term can and should apply only to a part of the Project or Levee
Project, such as where only the South Reach is being designed.
2
Russell Road Upper—North Reach and South Reach (Kent)
FCD2014-02
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, all of the estimated cost of the North Reach portion of the Levee Project is included
in the District's 2014-2019 Six-Year CIP, but that only a part of the estimated cost of the South
Reach portion of the Levee Project is included in the District's 2014-2019 Six-Year CIP. The
District reserves the right to terminate this Agreement, and the City shall immediately terminate
i
work; provided, that until substantial completion of the Project, the District shall continue to
accept and review City requests for reimbursement up to the amount of funds appropriated in an
S
approved District budget or this Agreement. s
d. The City's cost and expense for the Levee Project, improvements shall be
reimbursed pursuant to the procedures,requirements and restrictions of paragraph 12 below t
E
i
e. The City shall obtain and convey to the District or King County, as determined by S
the District, all necessary easements or property for design, construction of or access to the
Levee Project, using the form of the standard River Protection Easement in Reference 8P to the
King County Surface Water Design Manual, which includes an amendment that allowsthe City
to proceed with any vegetation management work necessary for public safety without prior
approval by the District or King County, or a River Protection Easement of an alternative form '
approved by the District. The necessary easements shall include a 15-foot
maintenance/inspection easement along the landward side of the Levee Project. This,
maintenance/inspection easement is not required for construction and may be conveyed
following completion of construction of the Levee Project.
4. Levee Inspection_ NIainteuance, Opera#ion attd Repair Standards. The District
shall inspect, operate, maintain and repair the Levee in accordance with this Agreement, which
includes Exhibit B, attached hereto and incorporated herein by reference, and with District
general standards, requirements and policies for operation, maintenance and repair of Green i
River levees, as these are determined and applied by the District, provided that the District shall
not be obligated to operate, maintain and repair the Levee if FEMA does not approve a risk-
based approach to operation, maintenance and repair of the Levee.
5. District Review of Levee 1'l ns and CLOUR Applications The City shall
provide to the District a schedule of the material and significant events and actions for design
and bidding of the 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 At least thirty(30) days before
advertising an invitation to bid, the City shall submit to the District for ieview and comment the
plans, specifications and requirements of the invitation to bid and the application (with
3
Russell Road Upper—North Reach and South Reach (Kent)
FCD2014-02
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.
6. Additional Activities The District will provide enhanced monitoring of the
Levee through slope stability instrumentation
7. District Inspections. The District shall have the right to inspect the City's
construction of the Levee Project.
8 Contracts for Levee Work. Upon execution of a contract for construction of the
Levee Project;the City shall send a copy of the contract to the District.
4. Record Drawings- Retention and Review of Documents. The City shall submit to
the District record drawings for the 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 the Project sufficient to meet state audit standards for a capital project, recognizing that the
costs of the Project are paid for in whole or in part by the City and the District. 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/oi independent audit
upon request.
10 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
3
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.
III District Costs and Expenses. The District's budgets for 2013 and 2014 include
$3,787,228 for the Levee Protect as described and depicted in Exhibit A The Project costs shall
n
not exceed this amount without amendment of the District's 2014 budget or approval of such
amount in a future annual District budget. The total cost to the District of the Project is
estimated by the City to be $6,000,000 The City acknowledges and understands that only a part
of the South Reach portion of the Levee Project is included in Exhibit A, and that the District has
not appropriated funds to complete the South Reach portion of the Levee Project. The City
agrees to accept the consequences and risks of moving forward with a part of the South Reach
portion of the Levee Project without full funding fiom the District of the South Reach
12. Reimbursement of City Expenditures.
4
Russell Road Upper-North Reach and South Reach (Kent)
FCD2014-02
a. No more than once a month, the City shall submit requests for reimbursement of
City costs and expenses incurred on of after July 8, 2013 for right-of-way acquisition,
construction and inspection of the Project. The requests shall be in a form and shall contain i
information and data as is required by the District. i
b, The District shall review the requests to confirm that 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 in order to detennine wbether they are reimbursable and payable
under this Agreement. The Disti ict shall forward the approved reimbursement to the City within
forty-five(45) days of the City request.
G. 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 r
information of data. If the request is still inaccurate or incomplete in the opinion of the District,
the dispute shall be resolved in accordance with paragraph 21 below. After resolution of the
dispute, the District shall provide reimbursement as provided in this paragraph 12.
13. Levee Warranty. The City shall warrant the materials, work and function of the
Project for five (5) years after the City's acceptance of construction of the Project, or any
discrete and separate portion thereof
s
14. Compliance with Laws and ReQulatioi s. The City shall be responsible for
compliance with all applicable laws and regulations, and obtaining all required permits,
approvals and licenses in connection with the Project.
15. Impact on Other Reaches or Segments The District and the City agree that the
improvements to the Levee under this,Agreement shall 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 floodplain during base flood (100-year flood)
conditions, as demonstrated by compliance with King County flood hazard regulations, which
are Sections 2iA 24,230 through 21A 24.260 of the King County Code
16. Duration—Effective Date, This Agreement shall take effect on the date on which
the second party signs this Agreement, and shall remain in effect until the Levee Warranty
expires.
17 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 i
wananty of protection from flooding or flood damage to any person, entity or property, and i
nothing contained herein shall be construed as waiving any immunity to liability to the City, the d
5
Russell Road Upper—North Reach and South Reach (Kent)
FCD2014-02
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
18. Liens attd 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 lien 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.
19. 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
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 Rill and complete
indemnity of claims made by the indemnitor's employees This waiver has been mutually
negotiated
20 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.-
6
Russell Road Upper—North Reach and South Reach (Kent)
FCD2014-02
21 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 12 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
I
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.
t
C. Each Party will be responsible for its own costs and attorney's fees in connection
with the dispute resolution provisions of this paragraph 21.
22. Trail Design 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 1
23 Entire Agreement; Amendment This Agreementi,together with its Exhibits A
and B, represents a full recitation, of the lights 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 Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
iequired or desired to be given hereunder by either Party (collectively, "notices") shall be in
writing and shall be validly given or made to the other Party if delivered either personally or by
Federal Express or other overnight delivery service of recognized standing, or if deposited in the
United States Mail_ certified, registered, or express mail with postage prepaid, or if sent by
facsimile transmission with electronic confirmation. If such notice is personally delivered, it
shall be conclusively deemed given at the time of such delivery. If such notice is delivered by
Federal Express or other overnight delivery service of iecognized standing, it shall be deemed
t given one (1) business day after the deposit thereof with such delivery service. If such notice is
mailed as provided herein, such shall be deemed given three (3) business days after the deposit
thereof in the United States Mail If such notice is sent by facsimile transmission, it shall be
deemed given at the time of the sender's receipt of electronic confirmation Each such notice
shall be deemed given only if properly addressed to the Party to whom such notice is to be given
f
as follows.
7
Russell Road Upper—North Reach and South Reach (Kent)
FCD2014-02
To City:
Phone: ( )
Email: —
Fax: (
To District
n
Phone: ( )
e 9
Email:
Fax:
Any Party may change its address for the purpose of receiving notices as herein provided by a
written notice given in the manner aforesaid to the other Party.
26. Authority 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 DISTRI
Bar, 18y-
u t Cooke
s: M r ts: Board Chair
DATE �o DATE.
APPROVE AS TO FORM: APPROVED AS O O
By: By:
1t orn� Legal ounsel
Y
11A 8
Russell Road Upper—North Reach and South Reach (Kent)
FCD2014-02
A
EXHIBIT A ;
Description of the Russell Road Upper Levee- North Reach and South Reach Project
The Russell Road Upper Levee is located along the right bank(easterly side) of the Green River
between River Mile 19 25 and 20.4,which is approximately from S 231st Way to the Riverbend
Golf Complex(see Figure 1). The Russell Road Upper Levee , which includes the North Reach
and South Reach, protects properties within the cities of Kent,Tukwila and Renton Multi-
family residences and single family residences,the City's Maintenance Operations Facility,
Russell Woods Park,Neely-Soames Historic Homestead and Riverbend Golf Complex are
located adjacent to the Levee.
The North Reach, approximately 1,1901ineai feet, does not meet slope and stability requirements
and needs improvement to meet FEMA accreditation standards This section of Levee is located
4
between RM 19 5 and 19.8 This section of Levee is on the outside of a sharp bend in the river
s
and has indications of minor slumping of soils. "Ihe North Reach will provide a minimum of 3 3
feet of freeboard above the predicted I00-year flood event.
1
The South Reach,approximately 1,800 lineal feet, does not meet slope and stability requirements
and needs improvements to meet FEMA accreditation standards. This section of Levee is
located between RM 20 1 to 20.4, which is located on a sharp outside bend in the river and has
indications of minor slumping in the soils. The South Reach will piovide greater than 3-feet of
freeboard above the predicted 100-year flood event
District funds currently appropriated for the South Reach portion of the Project will allow
acquisition of necessary properties and easements for the full length of the Russell Road Upper
Levee along the Lakes Community, the City's Public Works Maintenance Operations Facility,
Parks Maintenance Facility and Riverbend Golf Complex District funds currently appropriated
will also allow construction of the setback levee at West James Street and Russell Road )
Additional District funds are i equired to construct the remaining improvements of the South i
Reach (starting north from West James Street and extending about 1,000 lineal feet along the
Lakes Community) and to pave with asphalt the North Reach , which was not paved as part of
the construction improvements of the North Reach in 2013
For both the North and South Reach ,the Project will allow for future re-vegetation and habitat
restoration work along the river between the ordinary high water line and the trail in areas where y
the Levee will be constructed In areas where the Levees are installed, mid-slope terraced areas
or benches may be constructed where feasible and native vegetation will be planted above the
r
ordinary high water line as part of a future phase.
s
3
9
Russell Road Upper—North Reach and South Reach (Kent)
i
FCD2014-02
FIGURE 1
RPA 19.0
4 RM 1 .25
VvraRANs DR
A Jr—,
A
3
M 19.5 O
i
ART 1 R ACIi t
LA ;
RM CO MU ITX
19.75
A
3
O[FTNy C
_ 1 Y
29, RM
OPERATION
a
N
y KENT
H RM 20 RUSSELL
ROAD PAR
KENT
RIVERSEND
GOLF COMPLEX
�I
RM 21.0 K R
� 5
V�
M 2.0
RUSSELL ROAD
�j�'�!'! ++ UPPER LEVEE
�' MOURE
CITY OF KENT " 1
' ENOINE6RIN DDLPAR IIIE T
f
FCD2014-02
'1
t
6
Y
EXHIBIT B
t
K
Levee Inspection Maintenance Operation and Repair
1. The District shall maintain and operate the Levee consistent with the District's Flood f
Hazard Management Plan Policy PROJ-6, Flood Protection Facility Design and
Maintenance Objectives (or its successor) which states as follows I
3
"[The District] should construct new flood protection facilities and maintain,
repair or replace existing flood protection facilities in such a way as to €
s
t
• Require minimal maintenance over the long term, 4
i
• Ensure that flood or channel migration risks are not transferred to other
x
sites,
i
• 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. 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
t
each spring, at low-flow conditions in the late Summer or early Fall, prior to the onset of
fall rains and seasonal high flows, and during and immediately following flood events at
Phase III (9,000 cfs) or greater
i
10
Russell Road Upper—North Reach and South Reach (Kent)
FCD2014-02
f
t �
8. 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 prioirtization of District and/or
King County maintenance and repair needs, and in performance of maintenance and
repair actions at the earliest appropriate opportunity. %
9. 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.
10. The District and/or King County shall perform continuing levee patrols during all Phase
III or greater flood events.
11. Damaged or impaired Levee conditions observed by the District during flood patrols shall
be evaluated for emergency repair actions ;
t
12 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.
13. 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.
14. 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.
15 The Levee shall meet the following minimum Factors of Safety for potential slope failure
mechanisms when determined by the methodologies described in USACE Publications
EM 1110-2-1902 and EM 1110-2-1913, as follows
• End of Construction FS=1 3
3
• Steady State at full stage. FS=1 2
• Steady State at intermediate stage FS=1.2
• Seepage and Heaving: FS=1.2
• Rapid Drawdown from full stage- FS=1.4
• Seismic FS=10
z
11
Russell Road Upper—North Reach and South Reach (Kent)
FCD2014-02
KING COUNTY
FLOOD CONTROL
D I S T R I C T
516' lunl A%enue•Rwiu 1\ 1039•Senule ACA 98104
206 2%1020•mfoCa kuigcomrn'floodcoiuinl org
ui,i.Wgcounmfloodconmi org
April 3, 2014
Mike Mactutis, PE
Environmental Engineering Manager
Public Works Department City of Kent
400 W Gowe
Kent, WA 98032
Dear Mike:
Enclosed are two signed originals of the interlocal agreement between the King
County Flood Control District and the City of Kent regarding the Russell Road
Upper Levee-North reach and South Reach approved by the District on March 31,
2014.. Please have both originals signed by the mayor and the city attorney,
retain one original for your records and return the other to me I will be
responsible for circulating the final signed document and posting the agreement to
the internet on this end.
Sincerely,
Anne Nons
Clerk of the Council
Enclosures
c: Rick Bautista, interim Executive Director, King County Flood Control District (w/o enc)
Board of Supervisors:Reagan Dunn,Chair I Larry Gossett,Vice-Chair
Rod Dembowski Jane Hague I Kathy Lambert I Joe McDermott[Larry Phillips
Dave Upthegrove I Pete von Reichbauer
KE 0 T
Nn S MI NGI ON
Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: April 1, 2014
SUBJECT: Upper Russell Road Interlocal Agreement with the King County Flood
Control District - Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement with the
King County Flood Control District to receive reimbursement for
improvements to the Russell Road Upper Levee - North Reach and South
Reach Project, subject to final terms and conditions acceptable to the City
Attorney, the Public Works Director and the Parks Director.
SUMMARY: The Interlocal Agreement (ILA) will allow the City to move ahead with
construction of the South Reach Levee segment at the James Street/Russell Road
Intersection using budgeted funds from the King County Flood Control District
(District). Additional funds from the District will be necessary to construct the
remaining Levee segment near the Lakes Community.
Background: In July 2013, an ILA was executed with the District to construct the
North Reach segment of the Russell Road Upper Levee, located near the Marina Pointe
Home Owners Association (HOA) in the Lakes Community.
The proposed ILA will supersede the previous agreement and will pay for construction
of the James Street/Russell Road Intersection setback levee, and acquisition of
property along the South Reach near the southwest portion of the Lakes Community.
The District's budget for 2013 and 2014 is about $3.8 million for the project. Per the
ILA, project costs in excess of this amount will require separate approval from the
District.
While the project will complete another portion of the Levee, construction of the
remaining segments needed to meet federal levee safety standards can only be
achieved through additional funding from the District. The ILA is written to allow
construction of the remaining segments of the Levee once Districts funds are
available.
EXHIBITS: Interlocal Agreement for Levee Construction, Operation & Maintenance
RECOMMENDED BY: Public Works Committee
YEA: Higgins - Ralph - Fincher NAY:
BUDGET IMPACTS: Under this agreement the City would be reimbursed up to
$2,787,228 additional dollars, or a total of $3,787,228. The Flood Control District has
funding set aside in its budget for the Russell Road Upper levee within the District's 6-
year Capital Improvement Program.
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Box I �Ja
((( eviewed by Director
Originator's Name: Toby Hallock Dept/Div. En ineerin Extension: 5536
Date Sent: 41914 Date Re wired: 41161
Return to: Nancy Yoshitake CONTRACT TERMINATION DATE:
VENDOR: King County Flood Control DATE OF COUNCIL APPROVAL: 4/1/14
District
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
The attached Interlocal Agreement is for reimbursement for improvements to the
Russell Road Upper Levee - North Reach and South Reach Project. For additional
information, see the attached Council motion sheet.
Ali Contracts Must Be Routed Through The Law Department
(This area tobe�completed by the Law Department)
Received: RECEIVED
ED //��
Approval of Law Dept.: APR 0 9 2014 "l I I RECEIVED
Law Dept. Comments:
KENT LAW DEPT. APR 0 9 2014
City of Kent
r L a Ice o e ayor
Date Forwarded to Mayor: '"( l I� (,�
Shaded Areas To Be Completed By Administration Staff
Received:
EIVED
Recommendations and Comments: APR 10 2014
crnr OF KENT
Disposition: �/6�/� ,, ,,r�JC � CITY CLERK
Date Returned:
,.z