HomeMy WebLinkAboutPW13-121 - Amendment - #1 - King County Flood Control Zone District - Briscoe-Desimone Levee Improvements - 02/03/2015 T Records M ern
ICEN Document
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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 Zone District
Vendor Number:
ID Edwards Number
Contract Number: ` + is "of)ri " 00 L
This is assigned by City Clerk's Office
Project Name: 1st Amendment to Aarmnt Levee Const Interlocal Agreement Briscoe
Desimone w/King County Flood Control Zone District
Description: M Interlocal Agreement ❑ Change Order ❑ Amendment M Contract
❑ Other:
Contract Effective Date: 11 /14 /2014 Termination Date: 00/0000
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Kelly Casteel Department: PW Eng - Design
Detail: (i.e. address, location, parcel number, tax id, etc.):
Interlocal Agreement for River Mile 14.3 to 17.0, Right Bank Briscoe-Des!mone Levee
S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
FCD2014-18
Attachment B
11-10-14
FIRST AMENDMENT TO AGREEMENT FOR LEVEE CONSTRUCTION,
OPERATION AND MAINTENANCE
Briscoe- Desimone Levee
River Mile 14.3 to 17.0, Right Bank
BETWEEN THE CITY OF KENT AND
KING COUNTY FLOOD CONTROL ZONE DISTRICT
THIS FIRST AMENDMENT is entered into on the date fully executed
below by and between THE CITY OF KENT ("City") and KING COUNTY
FLOOD CONTROL ZONE DISTRICT ("District"). This First Amendment
amends that certain Agreement for Levee Construction Operation and
Maintenance entered into between City and District on or about the June 6,
2013 (the "Agreement"),
1. Damage occurred to the Reach I levee during the 2013-2014 flood
season. . Emergency repairs are needed to restore the levee to federal safety
standards.
2. The US Army Corps of Engineers (USAGE) has authority under
PL84-99, Flood Control and Coastal Emergencies (FCCE) for emergency
management activities and indicated a repair project at Briscoe-Desimone
Levee Reach 1 Project in 2015
3. Based on USACE's preliminary profile for this repair project, the
sheet pile wall at Reach 1 Project needs to be moved landward an additional 10
feet along parcel 7888900170 from the location specified in Resolution
FCD2013-02.2 Section 4.C.5. Moving the sheet pile wall will accommodate the
USACE's repair.
NOW THEREFORE, City and District hereby agree and covenant as
follows:
1. Section 4.a. of the Agreement shall be amended to read as follows:
4a. 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
FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page I
CONSTRUCTION, OPERATION AND MAINTENANCE
FCD2014-18
Attachment B
11-10-14
with this Agreement, the DOE Agreement, and District Resolution FCD2013 -
02.2, as amended by District Resolution FCD2014-- ("Resolution") (the two
resolutions are 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.
2. Section 5 of Attachment A to Exhibit B of the Agreement shall be
amended to read as follows:
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 document attached to this Attachment A.
. 3. Exhibit B shall be replaced in its entirety with the documents
attached to this First Amendment and incorporated by this reference as
Exhibit 1 .
4. The document referenced in Section 5 of Attachment A to Exhibit B
of the Agreement is attached to this First Amendment and incorporated by this
reference as Exhibit 2.
5. Except as amended by this First Amendment, all provisions of the
Agreement shall remain in full force and effect except as specifically modified
by this First Amendment.
IN WITNESS WIIEREOF, the parties hereto have executed this First
Amendment, which shall take effect on the last date signed below.
FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page 2
CONSTRUCTION, OPERATION AND MAINTENANCE
FCD2014-18 '..
Attachment B
11-10-14-
CITY: DISTRICT:
CITY ON DENT DING COUNTY I?LOOD CONTROL.
ZONE DISTRICT
s
By: rG j'o Bv:5<� fil
Print . , me: Pr t Name:,
Its: _ Its:-- r
Date: ,r u � -- -- Date: ,t. it. .:,
STATE OF WASHINGTON)
) ss,
COUNTY OF KING )
1 certify that 1 know or have satisfactory evidence that Suzette Cooke is
the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she was authorized to execute the
instrument and acknowledged it as the Mayor of the City of Kent to be the free
and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: r� w gt;'f-:'
-Notary See]Must Appear Within This Box-
-11 j�N 61 WHEREOF, I have hereunto set my hand and official seal the
day far,, yL�k¢ve written.
O j? 9 081) q�YN
' 2
r �i
�Zi4 tS�+,ak4�N4a �°z (Signature)
NOTARYPUBLIC, in and For the State
of Washington, residing at «.�`f-, � ,-, l�
My appointment expires `jr -
FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page 3
CONSTRUCTION, OPERATION AND MAINTENANCE
i
FCD2014-18
Attachment B
11-10-14
STATE OF WASHINGTON
ss.
COUNTY OF KING
Icertify that 1know or have satisfactory evidence that Reagan Dunn is
the person who appeared before me, and said person acknowledged that he
signed this instrument, on oath stated that he was authorized to execute the
instrument and acknowledged it as the Chair of the Board of Supervisors of the
King County Flood Control Zone District to he the free and voluntary act of
such party for the uses and'purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official sea] the day and
year first above written.
TA (Signature)
NOTARYPUBLIC, in and for th ate
of Washington, residing at
z to Lj My appointment expires 4i 2z i
CAUsers\KCasteei\Desktop\Levee Agree me m-B riscoe-Des i m on elst
Amendment—KC.doc
FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page 4
CONSTRUCTION, OPERATION AND MAINTENANCE
FCD2014-18 -
KING COUNTY Exhibit � S?oxlX �, ha[pent
W - 516 Tliird,Avenuc
$cntNe;WA 95194
Signature Report
February 26, 2013
FGD Resolution ' p
I
Proposed No.PCD2013-0'2.2 Sponsors
1 A RESOLUTION relating to the Briscoe-Desimane levee on the
2 Green River; initiating a comprehensive planning process and f
3 providing funding for the'Rriseoe-Desimone levee project on I
�G
4 certain conditions.
5 WHEREAS,public safety is the highest.priority for the allocation of King
t
6 County Flood Conta*ol Zone District("District")funds; and
s
7 WT E,REAS,the District seeks to address urgent flood risk reduction needs i
8 throughout Ding County; and
9 WBERLAS;the Green River valley is home to over 100,000 jobs, contains one
10 of the largest warehouse and distribution complexes in the tuition.,has an annual payroll
11 of$2,8 billion(one-eighth of the gross domestic product of the state of Washingtou) and
12 accounts for annual taxable revenue of over$8 billion;and
13 WITE-RHAS,Policy G-13 of the 2006 King County flood l Iazard Management
14 Plan, which has been adopted by JwDistriet as its comprehensive plan.("District's
15 Comprehensive Plan"7,.states that Icing County and the cities and towns therein should
16 work cooperatively to.manage tloodplaln resources; and
1.7 WHEREAS,Policy (3-9 of the District's Comprehensive Plan states that Icing �
18 County's rivers and tritt:utaries and their associated floodplains should be managed for
19 midtiple, and sometimes oompotin'g, uses and objectives; and
1
I
FCD2014-18
Fcn Resdiuflon Exhibit 1 to First Amendment
20 t3JHF,RBAS,the Briscoe-Desimone levee on the Green Rivet'is located between
21 South 180th Street and Soria 200thStreet in the cities of Kent and Tukwila("Briscoe-
22 Desimone Levee.''-')5 and
23 WHEREAS`, in 2M the Washington state legislature awarded to the District a
24 grant of$7 million for the Briscoe Desimone Levee prgjeet; and
25 'WHEREAS, the District hired an expert third party("Third-Party Reviewer")to
t;
26 review two alternative designs lot the Briscoe-Desimone Levee improvements;and
ti
27 WHEREAS,the Third-party Reviewer has expertise Afr analyzing the stability of
11?
28 I-walls and levees,and served on notional independent review panels.foi,levee failures in
29 the state of Louisiana following Hurricarte Katrina and on review panels for the
30 Sacramento=San Joaquin Detta in California;and
31 WHEREAS, on Jannary 29,2013,the Third-Party Reviewer submitted to the
32 District a report of his analysis and findings,entitled"Ex Expert Engineering Independent
33 Third-Party Review,Briseo e-Desimone Levee Design,Green River Basin,State of
Y S P g gI
34 Washington" ("Report");and -
35 WHEREAS,on Jannaiy 23 and Februa7y 7, 2013,the'lliird,-Party Reviewer gave �
3.6 a presentation of his analysis and findings to the District executive committee,which
37 considered the presentation,the Report and eomrllents fiom the public, including
E
38 comments by King County,the city of Kent, and interested organizations, and
i
r
39 WHEREAS,based on the District's ComprefieusivePlan, the'Report, and
5
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
7
FCD2014-18
FCD Resolution Exhibit 1 to First Amendment
-42 for the,Briscoe-Degimone Levee improvements and to authorize fundiag forthe Briscoe-
43 DeSiTnOue levee; 00W,tfiCrefM
44, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING
COUNTY 171,001) CONTROL ZONE DISTRICT:
43 SECTION 1. The Districtwill initiate a comprehensive planning process: such
,
as the United States Army Carps of Engineers' System-wide Improvement Framework,
4.9, after accepting at am executive committee meeting the,information provided about the
scope,anticipated staff time and estimated costs.Issues to be studied should include,but
are not limited to,the following-
A. Safety and levee heights;
52 B..Cconorme objectives;ves;C. Environmental objectives;
D, floword Hanson Dam risk assessment;
E. Land use;
F. Operations and maintenance;and
G. FEMA levee accreditation,.
lil: SECTION 2, 'Fire District will execute grant agreement with the state of
59,1 Washington for tire$7 atifflon grant award for the Briscoe-Desinione levee project as
60, soon as possible.
Z. SLCTION 3 The District ifl provide Funding for tli(,
62 levee project designed using setback levees that are retained by walls an the landward
3
FCD2014-18
FCD Resolution
Exhibit 1 to First Amendment
1.
i.
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 respons)bilitiesoftbiis.Resolution.
66 .SEGTTON.4.. For the Briscoe-Desi'mone levee project, the District supports the
67 use of setback.levees that are retained by walls an the landward side. The following
68 conditions must be met: '..
i
69 A. The design and installation of the Bri'scoe.Desimone levee,proj.ect shall be
70 consistent with applicable state and federatregulations and standards,including but not
I
71 limited to the state Shoreline Management Act,the federal Clean Water Act,and state
72 water gna3ity standards,-and-shall receive all necessgryloeul,state,a tdf de0lpermits.
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 oft<era's("City")responsibilities and conditions in relation to the
1
,
- 76 Briscoe-Desimone levee project are follows:_.
77 1.. The City,or its engineering consultants, shall submit to the District a
78 plan to provide for I osiliency of the landside levee and Ball 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-Desimoue Levee at
81. the bends. -
i
82 2. The City shall reduce and mitigate the potenfdal for erosion. The City,
83 or its engineering consultants, shall identify permemeaf or temporary strategies to
84 mhtiinize erasion in these locations of potential erosion.
FCD2014-18
FcD Resolution Exhibit 1 to First Amendment
85 - 3, if the, City uses temporary erosion control measures, such as
86 sandbags„the City must corninitto paying for and having onhand thematerials 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 gr construction of or acpess to the Briscoe-Deshimne levee.
-91 S. The City she11 move the setback wall back$om the toe of the exiMing
r
92 levee in the northernmost setback segment near the West Valley Highway,consistent
93 with the alternative of the GEl 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 pian to addresspotential 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 Transpotation 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 Parka regional trail standards.
I ;
101 9. Any contracts betrveen the Cityand any consultants, engineers,contractors or
'102 other design or construction entities(collectively,"contractors")shall include provisions whereby I
103 the City and its contractors name the Icing County Flood Control 7.one District and Icing County
i
104 as additional insureds. All such eontract's.shall provide insurance coverage to the King Comity `
1
'L05 Flood Control Gone District and to King County, consistent with Kibg-Coumy's guidelines and
106 requirements for insmance for similar contacts.
I
5
i
............
FCD2014-18
FCD Resolution Exhibit 1 to First Amendment
10/ 10. The City and King County shall provide a monthly written report to the,
108 Executive Committee on the first ddy of caid)month regarding implementation of the Briscoe-
109 Desinione levee project including any regulatory requirements that may impact tho'budget,
110 schedule, design,construction and/or maintenance.
III 11. The City shall cover the costs of any maintenance`for the project in excess of
112 the average annual inaintenanpe and repair costs for the Green River($95,000 pot raile per yerrr).
113 This amount shall be adjusted for inflation annually.
114 D, King County's responsibilities and conditions, as the DisitricVs service provider,in
iJS relation to the Briscoe-Desiniono levee project are as follows:
116 1. King County shall include inspection of the sbect pile walls for
117 corrosion in tire County's otiorations and maintenance activities.
118 2. King County shall monitor deformation and.erosion of tire,Briscoa-
119 Desirrone,Levee riverbank to provide quantitative and scientific information for future
120 projects about how the river is working with its flow regulated by tire Howard Hanson
121 Data.This information will assist the District in preparing publio. Warnings in the event of
1,22 a breach in the Hower d Hanson Dam.
123 1 King County shall prepare a plan to ensure that materials and
124 equipment for emergency repairs to the Briswe-Desjinone,lGvee are available in as
125 timely a manner as possible.
126 4. King County and tho City shall provide a monthly written i oport to the
127 executive cominittee on the first day of each-month iegai-ding implementation of the Briscoe-
128 Desinione levee project including any regulatory requirements that may impact the budget,
129 schcdu[c, design, construction, and/or maintenance.
6
FCD2014-18
rQD Resototion. Exhibit I to First Amendment
130 S.- King County as the District's service provider will provide the
131 District with timely technical assistance in reviewing plans submitted to the District by
132 the City.
133 SECTION 5., The Distylot And provide fin ling for inspections,operations and
13-4 maintenance-M)the Briscoe-Desimone levee. King County, as the District's service provider,
12l5 shall inspect,readfithin and-repair the Brisobe-Dosidiphe levee.,
136 ��TQ, 61 The District will ensure that public safety plans are in place,
137 including annual outreach to residents and workers along the Green Ifiver,as well as
138 other basins in King County. The District will makethese plans a priority in the
139 District's 2014 budget
140 SECTION T 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& The conditions along the South 200tb-Street to South 180di 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 then"
145 use in 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;
147 SECTION 9. The District hereby directs District staff to work with King County to
148 develop a A.unding strategy for consideration by the District using bond financing to accelerate
149 high-f'riority flood protection projects throughout the county that are not fully funded through
50 pay-as-you-go hoplerneritatiou of the,District's capital improvement program. "'his 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
FCD2014-18
i
FCD Resolution Exhibit 1 to First Amendment i
1
153 preservation of capacity to provide for ongoing maintenance, and the maintenance of adequate
154 reserves to respond to flood emergencies.
155
l'CD Resolution was introduced Oil and passed as amended by the King County Mood
Control District on 2/2612013, by the following vote:
Yes: 8 Mr. Phillips,Mr.von Reichbauer, Mr. Gossett,Ms. Ilagne,
Ms.Patterson,Mr.Dunn, Mr..McDermott and Mr, Dembowski 9
No:.0
i
Excused: 1 -Ms. Lambert � I
i
_ KING COUNTY FLOOD CONTROL ZONE �
DISTRICT
KING, WASI4INGTON -
Reagan Dunn, Chair i
ATTEST:
�4
Anne Nevis,Clerk of the District );
_.-. -.. ,AttaclnnCius:-None
i
I
8
FCD2014-18
A� 1200 King County Courthouse
KING
COUNTY
W
516 Third Avenue
Scattle,WA 98104
KingCounty Signature Report Exhibit 1 to
First
November 10, 2014 Amendment
FCD Resolution
Proposed No.FCD2014-18.1 Sponsors
1 A RESOLUTION amending the Agreement between the King
2 County blood Control Zone District and the City of Kent for the
3 construction, operation and maintenance of the Briscoe-Desimone
4 Levee, and amending
5 Section 4(C)(5) of Resolution No, FCD2013-02.2.
6 WHEREAS, the King County Flood Control Zone District ("District") and the
7 city of I4ent("City") entered into the "Agreement for Levee Construction, Operation and
I
8 Maintenance, Briscoe-DasiMone Levee, River Mile 14.3 to 17.0, Right Bank"
9 ("Agreement")in 2013, in order to provide for the construction, operation and
10 maintenance of the Briscoe-Desimone Levee; and
11 WHEREAS, in connection with construction of the Levee, the City will need to
12 move the setback wall portion of the Levee in Reach 1 near the West:Valley Ilighway
13 landward an additional distance along parcel 7888900170; and
1.4 WHEREAS, the District desires to amend the Agreement and Resolution
15 FCD2013-02.2 to provide for the additional distance along such parcel;now, therefore
16 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THB DING COUNTY
17 FLOOD CONTROL ZONE DISTRICT:
18 SECTION L Section4(C)(5) of Resolution FCD2013-02.2 is amended to read
19 as follows:
1
FCD2014-18
FCD Resolution
20 The City shall move the setback wall back from the toe of the existing
21 levee in the northernmost setback segment near the West Valley highway,
22 consistent with the diagram that is approved by Section 2 of Resolution
23 No. FCD2014-
24 SECTION 2. The Board of Supervisors approves the diagram titled
25 "Briscoe & Desimone Levee Improvements Exhibit 11-4-14," which is
26 Attachment A to this resolution.
27 SECTION 3. The Board of Supervisors approves the "First Amendment to
28 Agreement for Levee Construction, Operation and Maintenance (Briscoe-Desimone
29 Levee),King County Flood Control Lone District and City of Kent", dated 11-10-14,
30 which is Attachment B to this resolution, and authorizes the chair of the board of
31 supervisors to sign the Amendment.
32
33
KING COUNTY FLOOD CONTROL ZONE
DISTRICT
KING COUNTY, WASHINGTON
Reagan Duna,Chair
ATTEST:
Anne Noris, Clerk of the Board _
Attachments:A.Briscoe&Desimone Levee Improvements Exhibit I1-10-14,B.First Amendment to
Agreement forLevee Constntction,Operation and Maintenance(Briscoe-Desiaione Levee)11-10-14
2
ATTACHMENT A
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PROPOSED
RIVER
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SHEET PILE
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18206 CASCADE AVE.S.
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-
BRISCOE & DESIMONE
LEVEE IMPROVEMENTS
KETIT EXHIBIT -
CITY OF KENT SCALE t"-so' SHEET
ENGINEERING DEPARTMENT i OF 1
DATE 11-4-t4
i
AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE
Briscoe—Desimone Levee
River Mile 14.3 to 17.0,Right Bank
i
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," j
"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 i
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-RI<)
i
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 j
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.
I. 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)
i
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.
I
4. Levee Design, Construction and Reimbursement. i
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.
j
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 rehmbursernent 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
casements 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
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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.
b. 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 tiny (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.
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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 j
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
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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 j
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.
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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
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$500,000.
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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 maximurn 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. j
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
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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.
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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
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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
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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 j
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 floodplain 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 j
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 lien or encumbrance is so placed, King County and the District shall have the i7ght 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
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hold harmless the other Party, and all of its officials, employees,principals and agents, from any
and all claims, demands, suits, actions, flues, 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 indemnitor'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 foil 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 ICng County, Washington.
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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.
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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.
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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.
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26. - Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement, which shall
become effective on the last date signed below.
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CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE D!$T� T
By: By`
S Cooke
I Its: Board Chair
DATE: s
-- --- DATE: SI. V
ale,
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APPROVEIDA�S TO �F� er APPROVED AS/T(di FORr
t/
*ram Legal Counsel
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EXHIBIT A Sheet 1 of 4
Description of Briscoe-Desimone Levee Improvements
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The Briscoe-Desimone Levee is located along the right bank(easterly side)of the Green River
between S. 200'Street and S. 18e 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. 200"'Street and S. 1896
Street within the City of Kent. The Desimone levee is located along the right bank of the Green
River between S. 189`s Street and S 180"'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 1,650 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. 200a' 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.
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is KING COUNTY 1200 King County Courthouse
A- 516 Third Avenue
Seattle,WA 98104
XM Signature Report
lingiCouiltyr
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
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4 certain conditions.
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5 WHEREAS,public safety is the highest priority for the allocation of King
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6 County Flood Control Zone District("District")funds;and
i7 WHEREAS,the District seeks to address urgent flood risk reduction needs
8 throughout King County;and
9 WHEREAS,the Chen 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 annual taxable revenue of over$8 billion; and
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
16 work cooperatively to manage floodpiain 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 floodplains should be managed for
19 multiple,and sometimes competing,uses and objectives;and
FCD Resolution
20 WHEREAS,the Briscoe-Desimone levee on the Green River is located between j
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 Dish lot hired an expert third party("Third-Party Reviewer")to
26 review two alternative designs for the Briscoe-Desimone Levee improvements;and
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27 WHEREAS,the Third-Patty Reviewer has expertise in analyzing the stability of
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28 1-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
a
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,tine
41 Board of Supervisors of the District desires to select one of the two alternative designs
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FCD Resolution
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-42 for the Briscoe-Desimone Levee improvements and to authorize funding for the Briscoe- l
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43 Desimone levee;now,therefore j
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44 BE IT RESOLVED BY THE BOARD'OF SUPERVISORS OF THE KING
A8 COUNTY FLOOD CONTROL ZONE DISTRICT-
4 SECTION I. 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 '
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40 scope,anticipated staff time and estimated costs.Issues to be studied should include,but
0 are not limited to,the following:
51 A. Safety and levee heights;
B. Economic objectives;
3 C. Environmental objectives;
54 D. Howard Hanson Dam risk assessment;
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.55 E. Land use;
816 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
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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
FCD Resolution
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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.
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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
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74 of the adjoining levee sections,
75 C. The city ofKent's("City")responsibilities and conditions in relation to the
76 Briscoe-Desimone levee project are as follows:
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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.
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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.
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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. j
88 4. Where the bases of the walls encroach on private property and the
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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.
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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.
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
103 the City and its contractors name the King County Flood Control Zone District and King County
104 as additional insureds. All such contracts shall provide insurance coverage to the King County
105 Flood Control Zone District and to Ding County,consistent with King County's guidelines and
106 requirements for insurance for similar contracts.
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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=It month regarding implementation of the Briscoe-
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109 Desimone levee project including any regulatory requirements that may impact the budget,
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110 schedule,design,construction and/or maintenance.
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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:
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116 1. King County shall include inspection ofthe sheet pile walls for
117 corrosion in the County's operations and maintenance activities,
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
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
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127 executive committee on the first day of each month regarding implementation of the Briscoe.
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128 Desimone levee project including any regulatory requirements that may impact the budget,
129 schedule,design,construction,and/or maintenance.
FCD Resolutlon
130 5. King County as the District's service provider will provide the
131 District with timely technical assistance in reviewing plans submitted to the District by
132 the City.
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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.
136 S". .TIO T 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. .
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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 .
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145 use in 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.
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
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
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FCD Resolution
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153 preservation of capacity to provide for ongoing maintenance,and the maintenance of adequate
154 reserves to respond to flood emergencies.
155
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FCD Resolution was introduced on and passed as amended by the Ding County FIood
Control District on 2/26/2013,by the following vote:
Yes: S-Mr.Phillips;Mr.von Reichbauer,Mr. Gossett,Ms.Hague,
Ms.Patterson,Mr.Dunn,Mr.McDermott and Mr.Dembowski
No: 0
Excused: 1 -Ms.Lambert
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KING COUNTY FLOOD CONTROL ZONE
DISTRICT
KINCr< WASIIINGTON
Reagan Dunn,Chair
ATTEST:
Anne Noris,Cleric of the District
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Attachments:None
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ATTACHMENT A TO EXHIBIT B !
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SUPPLEMENTAL TERMS AND CONDITIONS—RESOLUTION 2012-02.2
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i. 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
I 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. j
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,
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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.
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EC approved (RB-RK)
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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 PROT-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:
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• 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 1l3 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.
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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 efs)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 I
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.
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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.
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EC approved(RB-RIQ
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DEPARTMENT OF
ECOLOGY
State of Washington
Ecology Grant Agreement No. G1300118
between the
State of Washington Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/ Desimone Levee Improvements
THIS is a binding agreement entered into by and between the State of Washington, Department of
Ecology, (PO Box 47600,Olympia,Washington, 98504-7600) hereinafter referred to as the
"DEPARTMENT" or as"ECOLOGY"and the King County Flood Control Zone District, hereinafter
referred to as the"RECIPIENT"to carry out the activities described herein as authorized by the 2012
Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget.
Recipient Name: King County Flood Control Zone District
Water and Land Resources Division
201 South Jackson, Suite 600
Seattle, WA 98104-3855
Recipient Project Coordinator: Jennifer Rice
Telephone Number: 206-263-0153
e-mail address: Jennifer.Rice(EDKinaCountv.gov
Fiscal Contact for Recipient: Katrina Johnston
Telephone: 206-296-1963
e-mail address: Katrina.Johnston(&Kinocount)t.gov
Payee on Warrant: King County Flood Control Zone District
(address as above)
Project Officer for the Department: David Radabaugh
SEA Program—NWRO
WA State Department of Ecology
3190— 160'h Avenue SE, Bellevue, WA 98008-5462
Telephone Number: 425-649-4260
e-mail address: david.radabaughCa)ecy.wa.gov
The source of funds provided by the DEPARTMENT are from the 2012 Washington State Legislature,
Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River
Briscoe!Desimone Levee.
Maximum Eligible 100°1" State Project Cost: $7,000,000
State Maximum Cost Share Rate: 100% UP TO a maximum State Share of$7,000,000*.
This agreement is effective from January 1,2013 through June 30, 2016.
Page 1 of 24
I
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
Scope of Work
Project Title: Briscoe-Desimone Levee Improvements
Description: The project involves improvements to the Briscoe and Desimone levees which are on
the right(eastern) bank of the Green River between River Miles (RM) 14.3-17.00 in
the cities of Kent and Tukwila.
The Briscoe and Desimone levees are aging earthen levees with over-steepened
slopes,a levee crest less than 12 feet wide, and toe scour protection that is generally
missing or inadequate. The adjoining river channel lacks adequate in-stream and
aquatic edge habitat structure, such as deep pools, large woody debris, and
overhanging cover. While originally built to provide flood risk reduction to farmland in
the Kent Valley, these aging levees now protect$2.8 billion worth of urban structures
and contents. A levee breach or overtopping in this location would have serious
implications including threats to public safety, damage to public infrastructure,
impacts on the regional economy, and damage to private structures(including homes
and businesses). Single-flood damage estimates for a failure of containment by
these levees exceed $830 million. The economic disruption to the valley would be
measured in years. Businesses with expensive and difficult to relocate or replace
industrial machinery are particularly at risk.
Because of these significant risks, improvements to this levee segment are a very
high priority to the City of Kent and the King County Flood Control District.
Work: The scope of this grant agreement focuses on the portion of the levee segment
that is between River Mile 15.98 and 16.36.The Recipient shall perform the
following work:
Scope of Work
Task 1: Project Coordination and Administration
The Recipient will coordinate throughout the grant period with Ecology and other
federal,state, local agencies, and Indian tribes, In its commitment to provide
technical assistance throughout the grant period, Ecology will meet with the
jurisdiction to present and discuss approaches to floodplain construction issues
before work begins.
This Task also covers expenses for the recipient to administer the grant including, but
not limited to: contract monitoring; coordinating with the Corps of Engineers, FEMA,
the City of Kent, and other parties; internal staff reviews; construction engineering
management etc.
Cost: $600,000
State contribution: $500,000
Page 2 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
Deliverable: Progress Reports are due quarterly for both years per the matrix that follows; see
Special Terms and Conditions, Paragraph 9 for details on progress reporting and
page 5 for invoicing information.
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First Quarter Jul 1 —September 30 October 30 I
Second Quarter October 1 —December 31 Janua 36
Third Quarter January1 —March 31 A rii 30
Fourth Quarter April 1 —June 30 July 30
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Task 2: Right of Way (ROW) Plans and Property Acquisitions
Acquire ROW necessary for project, Including 15 foot maintenance easement on the
landward side of the constructed flood wall. All properties acquired will be used to
enhance the levee system or used in perpetuity for open space purposes only.
Restrictions from future development will be placed on the deeds and will be recorded
on the titles. See Exhibit C for the restrictive covenant and related documents which
shall become part of the acquisition. Ecology shall be in receipt of complete
documentation before payment is released for the acquisition.
Cost: $400,000
State contribution: $0
Deliverable: (Two copies)Acquisition Report to include but not limited to:
1. A map showing the location of properties purchased;
2. List of properties with names/addresses acquired
3. Right of Way plans
4. Acquisition documents for each property including:
a. Title Reports
b. Appraisals
c. Appraisal Reviews
d. Environmental Assessments
e. Clean Site Certifications
f. Closing Statements
g. Offer Letters
h. Recorded Deeds and Easements with title restrictions in a form approved by
Ecology.
1. (Digital) photographic documentation of project properties before and after
project implementation in sufficient quantity/quality to effectively illustrate
project progress/demolition work.
Date Due: June 30, 2014
Page 3 of 24
Flood Agreement No. G130011 S between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
Task 3: Design Plans
The Recipient will prepare a detailed set of design plans for construction of an I-beam
flood wall that will meet or exceed FEMA accreditation requirements.
Cost: $875,000
State contribution: $876,000
Deliverable: (Two copies) Design Plans, signed and sealed by an engineer licensed in the State of
Washington and meeting FEMA accreditation requirements..
Date Due: June 30, 2014
Task 4: Project Permits
The Recipient will acquire all permits and approvals necessary for project completion
in a timely manner and in accordance with the schedule below. This task includes
obtaining required federal, state, and local project permits and approvals, as well as
preparation of all necessary technical studies,engineering studies,and habitat
assessments. If a Letter of Map Revision(LOMR) is necessary,then the Conditional
LOMR process shall be utilized.
Permit Schedule
The following permits have been, or will be, obtained.
Work Dates
Permit Activity
Start End
SEPA 2/2013 5/2013
NPDES Construction—Wash. Dept. of Ecology 3/2013 5/2013
Hydraulic Project Approval—WDF&W, if required 3/2013 5/2013
Shoreline Substantial Development 2/2013 6/2013
Shoreline Conditional Use Permit, if required 212013 6/2013
Flood Zone Permit, if required 3/2013 5/2013
Other, if required
Cost: $25,000
State Contribution$25,000
Deliverable: (Two copies)All Permits
Date Due: June 30, 2013
Page 4 of 24
I
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
Task 5: Construction
Project construction will be conducted in accordance with approved plans,
specifications, permits, and generally accepted engineering practices.A contractor
will be hired to construct the floodwall to meet or exceed FEMA standards for 100
year flood levee certification.
Cost: $5,700,000
State contribution: $ 5,600,000
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Deliverables:
• Two copies:As-built drawings, signed and sealed by a professional engineer
licensed in the State of Washington.
• Two copies: Final project summary report,signed by the Project Engineer
declaring that the project was,to the best of his/her knowledge, constructed and
completed In accordance with the construction plans and specifications and
generally accepted engineering/construction practice.
• Two sets: Digital photographic documentation of the project before and after
construction in sufficient quantity to effectively illustrate important phases of
construction and project progress.
Date Due: June 30, 2015
Budget
Budget Conditions
1. Project Administration: For the administration of this agreement the RECIPIENT must
follow the current edition of the Administrative Requirements for Ecology Grants and Loans
(Yellow Book).
2. Invoicing:
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• Grants are awarded on a reimbursable basis. The Recipient initially pays project
costs in full. Upon presentation of an invoice to Ecology, Ecology's share of the
project is reimbursed to the Recipient.
• Expenditures will be monitored by the Ecology Fiscal Office for compliance with the
budget(see below). Budget deviations are allowed between tasks(e.g., a grantee
may spend less money on one task and more on another), but in no circumstances
may the state share of the project cost be exceeded without a prior written
amendment When submitting invoices to Ecology, the RECIPIENT shall itemize
all costs by task and provide subtotals by task on Ecology's Form C2, Voucher
Support Form. All payment requests must have forms A, B, C(and D if applicable),
be accompanied by supporting invoicing documents a commensurate progress
Page 5 of 24
II
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
report, and receive Ecology Project Officer approval before payment can be
released.
NOTE: For payment requests, the RECIPIENT must use the Ecology forms
contained in the Yellow Book. Otherwise, Ecology will return requests to the
RECIPIENT for submittal on the correct forms.
• Forms- http:/ANww.ecy.wa.gov/bibiio/9118A.htmi
• Yellow Book- http://www.ecv.wa.gov/bibiio/9118.html
• The RECIPIENT must maintain complete backup documents including but not
limited to all invoiced costs and time sheets-signed and dated by employee and
supervisor. The RECIPIENT must keep these expenses in grant files according to
budget task for a period of three years after project completion and make them
available at any time for inspection by the DEPARTMENT.
• Requests for reimbursement must be submitted at least quarterly but not more
than once per month by the RECIPIENT on state invoice voucher forms. Financial
reports will be submitted 45 days after the quarter closes.The indirect rate must
not exceed 25 percent of direct(staff)labor and benefit costs. This rate covers
space utilities, miscellaneous copying,telephone, motor pool,janitorial services,
records storage, rental, county fiscal and legal services, etc. Items not included in.
this list must be reported with the first payment request and must remain consistent
for the life of the grant.
• Right to Audit: The Recipient agrees that payment(s)made under this grant shall
be subject to reduction for amount charged thereto which are found after audit ex-
amination not to constitute allowable costs under this grant. The Recipient shall
refund by check payable to the DEPARTMENT the amount of such reduction of
payments under completed or terminated grants..
• Final payment of grant projects is contingent on receipt of viable deliverables as
listed in this grant agreement. A final invoice will be submitted 45 days after the final
quarter of the grant agreement.
2. Budget(for RECIPIENT reporting and Ecology tracking purposes):
The source of funds provided by the DEPARTMENT are from the 2011-2013 Washington
State Legislature, SS 6074, §3009 Capital Budget. State Funding is as follows:
Maximum Eligible 100%State Project Cost: $7,000,000
Estimated Costs
Work Item State Cost KCFCZD Total Cost
Cost
Task 1 Project Coordination &Administration $500,000 0 $500,000
Task 2 Right-of-way Plans&Property Acquisition 0 $400,000 $400,000
Task 3 Design Plans 875,000 0 $875,000
Task 4 Project Permits 25,000 0 $25,000
Task 5 Construction 5,600,000 100,000 $5,70Q,000
TOTAL`PROJECT COST '$7,000,000 $500;000 $7,600,000
Page 6 of 24
Flood Agreement No.G1300118 between.the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe t Desimone Levee improvements
Special Terms and Conditions
AGREEMENT PROVISIONS
1. Compliance with all Laws: The Recipient shall comply fully with all applicable federal,
state and local laws, orders,regulations and permits,
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2. Restrictions on Lobbying: The Recipient of this agreement Is prohibited from using
funds provided by this agreement for lobbying purposes in accordance with the
Administrative Requirements for Ecology Grants and Loans, Publication No. 91-18,
current edition, Part 111, Section G.
3. Local Decision: This grant is made in response to a request for financial assistance
from the Recipient to undertake flood damage prevention projects. The choice of
floodplain management activities addressed by this grant Is a local decision made
solely by the Recipient. The Recipient is not acting as an agent of the State.
4. Lawsuits: The Department shall not be responsible for any non-contractual damage or
inverse condemnation claims resulting from the structures or works constructed, repaired,
restored, maintained,or improved pursuant to this grant.
& Indemnification, Hold Harmless and Duty to Defend
a. The Department shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein,except as
provided in the scope of work.
b. This paragraph applies to negligence based claims only. All other claims are
governed by paragraph 4 of this section. To the extent the constitution and laws of
the State of Washington permit, Recipient shall indemnify, defend and hold
harmless the State, its agencies, officers and employees,from all claims, suits or
actions brought for any or all injuries to persons or property arising from, or as a
consequence of, negligent acts or omissions related to the construction, restoration,
repair, maintenance, improvement or operation of the structures or works for which
this grant is provided. If the structures or works for which this grant is received are
a portion of an Integrated flood protection system, Recipient agrees to indemnify,
defend and hold harmless the State of Washington, its agencies,employees, and
officers against any and all liability arising out of the operation, maintenance, or
repair of that integrated flood protection system-, PROVIDED, however,that this
provision is not intended to and shall not be construed as a waiver by Recipient of
any immunities conferred upon the Recipient by RCW 86.12.037 nor is it intended
to,.and it shall not be construed to,confer any rights upon third parties.
The Recipient will not be required to indemnify, defend, or save harmless the State,
its agencies, officers or employees as provided in the preceding paragraph of this
section if the claim, suit, or action for injuries, death, or damages is caused by the
sole negligence of the State. Where such claims, suits, or actions result from the
Page 7 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
concurrent negligence of(a)the State,or the State's agents or employees and (b)
the Recipient or the Recipient's agents or employees, the indemnity provisions
provided in the preceding paragraphs of this section shall be valid and enforceable
only to the extent of the Recipient's negligence or the negligence of its agents and
employees.
c. To the extent that the constitution and laws of the State of Washington permit,
Recipient shall indemnify and hold harmless the State of Washington, its agencies,
employees, and officers against any and all liability arising out of the continued
operation, maintenance, or repair of the structures or works constructed, restored,
repaired, maintained or improved as a result of this grant. If the structures or works
for which this grant is received are portions of an integrated flood protection system,
Recipient agrees to indemnify, defend and hold harmless the State of Washington,
its agencies,employees, and officers against any and all liability arising out of the
operation, maintenance,or repair of that integrated flood protection system;
PROVIDED, however, that the indemnity provisions of this paragraph are not
intended to and shall not be construed as a waiver by Recipient of any immunities
conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and they
shall not be construed to, confer any rights upon third parties, This agreement
applies to all non-negligent, non-contractually based claims including, but not
limited to, inverse condemnation,contribution, indemnification,trespass and/or
nuisance.
6. Quality Assurance Project Plans(QAPP): IF this project involves the collection of
environmental measurement data,the Recipient needs to prepare a QAPP to ensure
the consistent application of quality assurance principles to the planning and execution
of all activities involved in generating this data. The plan shall be conducted in
accordance with the DEPARTMENT's Guidelines for Preparing Quality Assurance
Project Plans for Environmental Studies , current edition, (Ecology Publication No. 04-
03-030)available at http://www.e wa aov/bibIio/D4D3030 html The plan must
describe the monitoring and data quality objectives, procedures, and methodologies
which will be used to ensure that all environmental data generated will meet these
requirements. The size and complexity of the plan should be cost effective and in
proportion to the magnitude of the sampling effort. In developing the plan, the
RECIPIENT may also reference Ecology's Technical Guidance for Assessing the
Quality of Aquatic Environments, February 1994(Ecology Publication No. 91-78),
available at htto://www.ecy.wa.aov/bibiio/9178.htmi. The QAPP report shall be limited
to a concise description of the environmental measurement aspects of this project.
Ecology's Project Officer shall review and approve this plan prior to initiation of work.
The QAPP plan may describe the following elements:
■ Assumptions that direct the collection and analysis;
■ Resources used(such as flights for aerial photos);
■ Resource documents that will be consulted;
■ . Field methods employed;
■ Office methods employed;
■ Training level of staff involved in data collection and analysis;
■ Equipment/materials to be used and accurate calibration assurance.
7. Coordination with Ecology's Geographical Information System(GIS): IF this project
involves developing GIS data, the Recipient shall coordinate with Ecology's GIS office
Page 8 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Deslmone Levee Improvements
in an effort to promote compatibility and to encourage sharing of geospatial data.To
facilitate data sharing, the Department utilizes the following standards:
ESRI's ARC/INFO Current version
ESRI's ArcView Current Version
Horizontal Datum NAD 83 HARN
Vertical Datum NGVD 88
Projection System Lambert Conic Conformal
Coordinate System WA State Plane Coordinates
Coordinate Zone South
Coordinate Units Feet
Accuracy Standard +/-40 Feet(1:24,000) minimum accuracy to within
a foot of the true North American datum s stem
Vector Import Format ArcExport, DLG and/or DXF, shapefiles
Raster Import Format TIFF, BIUBIP, RLC,GRID,ERDAS, SID
Whenever possible,the Recipient is encouraged to utilize the standards listed above
when compiling data. To discuss the usage of other standards, please contact Jerry
Franklin at 360 407-7470; Fax: 360 407-6902; E-Mail:jfra461 @ecy.wa.gov or Dan Saul
at 360-407-6419; E-Mail:dsau461Mecv.wa.gov for further data sharing and compatibility
information.
The RECIPIENT shall submit copies to Ecology's Project Officer with complete
documentation as it relates to all digital data, GIS coverages, shape files, related tables
and map products.
B. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator
shall be responsible for the procedural obligations under this agreement in
addition to his/her duty to coordinate the planning effort hereunder. He/She shall
cooperate with all parties concerned in every way possible to promote successful
completion of the services described in the Scope of Work.
9. Quarterly Reporting
Quarterly Reports are contingent on the effective date of the agreement. For timely
preparation and review, quarterly reports shall convey essential information in a simple,
concise manner through the use of bulieted summary statements, lists, and tables and
include the following:
a. A comparison of actual accomplishments to the objectives established for the
reporting period including a description of issues on fisheries resources;
b. For any work related to GIS, designate data standard utilized and associated data
documentation.
c. Status of project schedule
d. Personnel changes
e. Any difficulties encountered during the quarter.
f. Environmental benefits being achieved by the project
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Page 9 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
Reporting Periods for each year of the agreement dependent on the start date:
First Quarter Year 1 Jul 1 —September 30 October 30
Second Quarter October 1 —December 31 January 30
Third Quarter ear 2 January 1 —March 31 Aril 30
Fourth Quarter Aril 1 —June 30 July 30
For Report Contents and Ecology's form: Please visit our website at:
httL)://www.ecy.wa.aov/programs/seatorants/flooddamaaeprevention
County or City Name
Grant No.01300 10. Identification of Project Materials-All reports, maps, and
other documents published as part of this grant agreement shall
carry the name of the RECIPIENT, Ecology's grant number(in the
Project Title upper right hand comer),title, the specific task number of the
Task Title product and date centered on the front cover or title page(or in
Task Number the case of maps,the block which contains the name of the
Date Government unit or Department).
11. Format for Publications and Brochures: Any (hard copy)
publications or brochures required as a product of this
agreement shall conform to minimum standards of size,8-1/2" x 11"white, recycled paper
equivalent in weight to 20 lb. bond, single spaced, printed both sides, no less than 1"
margins. Photos, illustrations, and graphs must be of reproducible quality. Any publications
or brochures intended for public distribution shall comply with graphic requirements as
specified in Ecology's"Publications Handbook", publication number 91-41 and any additional
specifications as may be outlined in the Scope of Work.
12. Amendments: A"letter"amendment is a written request by the Recipient to extend the
project completion and expiration dates provided that is allowed by the grant program . On
the approval of Ecology's project officer, the request is then forwarded to the Ecology Budget
and Fiscal Offices for processing. A formal amendment is required for a significant change
to the scope of work or an increase to the total eligible project cost and is signed by both
parties.
13. Minority And Women's Business (MWBE)Participation: The RECIPIENT agrees to
solicit and recruit, to the maximum extent possible, certified minority-owned (MBE)
and women-owned (WBE) businesses in purchases and contracts initiated after the
effective date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority-and women-owned
business participation in all bid packages, request for proposals, and purchase orders.
These goals are expressed as a percentage of the total dollars available for the purchase or
contract and are as follows:
Construction/Public Works 10% MBE 6e/uWBE
Archftecture/Engineering 10% MBE 6%WBE
Page 10 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe t Desimone Levee Improvements
Purchased Goods 8% MBE 4%WBE
Purchased Services 10% MBE 4%WBE
Professional Services 10% MBE 4%WBE
Meeting these goals is voluntary and no contract award or rejection shall be made based on
achievement or non-achievement of the goals. Achievement of the goals is encouraged,
however,and the RECIPIENT and ALL prospective bidders or persons submitting
qualifications shall take the following affirmative steps in any procurement initiated after the
effective date of this Agreement:
a. Include qualified minority and women's businesses on solicitation lists.
b. Assure that qualified minority and women's businesses are solicited whenever they
are potential sources of services or supplies.
c. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d. Establish delivery schedules,where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e. Use the services and assistance of the State Office of Minority and Women's
Business Enterprises(OMWBE) and the Office of Minority Business Enterprises of
the U.S. Department of Commerce, as appropriate.
By signing this Agreement,the RECIPIENT certifies that the above steps were, or will be
followed. Any contractor engaged by the RECIPIENT under this agreement shall be
required to follow the above Hive affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice,
on forms provided by the DEPARTMENT, payments made to qualified firms. The report
will address:
f. Name and state OMWBE certification number of any qualified firm receiving funds
under the voucher, including any sub-and/or sub-subcontractors.
g. The total dollar amount paid to qualified firms under this invoice.
14. Right to Audit: The Recipient agrees that payment(s) made under this grant shall be
subject to reduction for amount charged thereto which are found after audit examination
not to constitute allowable costs under this grant. The Recipient shall refund by check
payable to the DEPARTMENT the amount of such reduction of payments under com-
pleted or terminated grants,
15. Grant Closeout: The end date for this project is June 30, 2016. A,grace period of 45
days for all deliverables and invoice vouchers is allowed as stipulated in the scope of
work or by the State Office of Financial Management(OFM)through Ecology's Fiscal
Office.
16. All Writings Contained Herein: This agreement, the appended"General Terms and
Conditions", and the Department's current edition of"Administrative Requirements for
Ecology Grants and Loans"contain the entire understanding between the parties, and
there are no other understandings or representations except those set forth or
incorporated by reference herein. No subsequent modification(s)or amendments to this
Page 11 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe I Desimone Levee Improvements
agreement shall be of any force or effect unless in writing, signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part of this
agreement; EXCEPT a letter amendment will suffice to extend the period of
performance as set forth on the page 1 of this grant agreement.
IN WITNESS WHEREOF,the parties hereby execute this Grant Agreement:
State of Washington
Department of Ecology King County flood Control Zone District
Go on White Date Signature, Authorized Official Date
Program Manager
Shorelands and Environmental �^
Assistance Program ggggpn VtDn
Print Nalner of Authorized Official
Approved as to form only by Title of Authorized Official
The Assistant Attorney General
(Note. Insert additional signature blocks(s)
and/or pages if more than one signature block
is required)
Page 12 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe 1 Desimone Levee Improvements
Appendix A:
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grantloan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant
assistance if that has been included in the agreement's final scope of work and budget.
B. SUBGRANTEEICONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement,the state of Washington is named as an express third-party beneficiary
of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES(BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts awarded,for inspection and use by
the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction,the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project, provide
assurance to the DEPARTMENT that all approvals and permits have been secured, and make
copies available to the DEPARTMENT upon request.
2. Discrimination.The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws,regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT
shall report to the DEPARTMENT the percent of grantiloan funds available to women or minority
owned businesses.
3. Wages And Job Safety.The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and
job safety.
4. Industrial Insurance.The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws,the
DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided
in Section K.1, herein.
Page 13 of 24
III
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he/she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source
and task or object.
All grantiloan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or
by any duly authorized audit representative of the State of Washington for a period of at least three
years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such
audits identify discrepancies in the financial records,the RECIPIENT shall provide clarification
and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state,federal or local representative for
inspection at any time during the course of this agreement and for at least three years following
grantiloan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments& Non Profit Organizations), including the compliance Supplement to OMB Circular A-
133, if the RECIPIENT expends$500,000 or more in a year in Federal funds. The $500,000
threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT
must forward a copy of the audit along with the RECIPIENT'S response and the final corrective
action plan to the DEPARTMENT within ninety(90) days of the date of the audit report.
1. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are
not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June
30, July 1 through September 30, and October 1 through December 31. Reports shall be due within
thirty(30) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the
RECIPIENT and approved as satisfactory by the Project Officer.
Page 14 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
The payment request form and supportive documents must itemize all allowable costs
by major elements as described in the Scope of Work. Instructions for submitting the payment
requests are found in"Administrative Requirements for Ecology Grants and Loans", part IV,
published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT.
When payment requests are approved by the DEPARTMENT, payments will be made to the
mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the
Project Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT
pursuant to the granNloan agreement and performed after the effective date and prior to the
expiration date of this agreement, unless those dates are specifically modified in writing as provided
herein.
3. Final Request(s)for Payment.The RECIPIENT should submit final requests for
compensation within forty-five(45)days after the expiration date of this agreement and within fifteen
(15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed
ten percent(10%)of each reimbursement payment as security for the RECIPIENT's performance.
Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)
described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole
discretion,such payment is reasonable and approved according to this agreement and, as
appropriate, upon completion of an audit as specified under section J.5. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s)charged to this granttloan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT,to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies,
surreys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT,shall become Department
property and the RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington
because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold
payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is
contingent on the availability of state and federal funds through legislative appropriation and state
Page 15 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT
is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate
or allot such funds shall be good cause to terminate this agreement as provided in paragraph K1
above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to
the RECIPIENT in accordance with Section O herein.
3. Failure to Commence Work. in the event the RECIPIENT fails to commence work on
the project funded herein within four months after the effective date of this agreement, or by any
date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this agreement unless stated as such in writing by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials
or invents any patentable property,the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish,
recover or otherwise use the material(s)or property and to authorize others to use the same for
federal, state or local government purposes.
Where federal funding is involved,the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports,maps or other data, in printed
reports, signs, brochures, pamphlets,etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative
Requirements for Ecology Giants and Loans", Part V, shall control the use and disposition of all real
and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the
absence of state,federal statute(s), regulation(s),or policy(s)to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it shall
be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. if said property is
lost, stolen or damaged while in the RECIPIENT's possession,the DEPARTMENT shall be
reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of landfor facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may
include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing
Page 16 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe t Desimone Levee Improvements
that the land is free from any impediment, lien, or claim which would impair the uses contemplated
by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,
the RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be conditioned
upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other
conversion or encumbrance which monies granted pursuant to this agreement bear to the total
acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
use of clean energy, and purchase and use of sustainably produced products(e.g. recycled paper).
For more information, see www.ecy.wa.gov/sustainability.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion of
the project described in the Scope of Work. In the event the RECIPIENT fails,for any reason, to
perform obligations required of it by this agreement,the RECIPIENT may, at the DEPARTMENT's
sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent(12%) per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above,the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the
DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an
amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be responsible.
In the event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Officer or other designated official as to the extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided
for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact
ent which is not disposed of in writing arising under this agreement p 9 shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless,within thirty days from the date of receipt of such statement,the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause,the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Page 17 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
Thurston County. Review of the decision of the Director will not be sought before either the Pollution
Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute
hereunder,the RECIPIENT shall proceed diligently with the performance of this agreement and in
accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent,or employee of either parry to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate
in any decision which affects his/her personal interest or the interest of any corporation, partnership
or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal
or pecuniary interest,direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein,except as provided in the
Scope of Work.
.2. To the extent that the Constitution and laws of the State of Washington permit, each
party shall indemnify and hold the other harmless from and against any liability for any or all injuries
to persons or property arising from the negligent act or omission of that party or that party's agents
or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement
which can be given effect without the invalid provision, and to this end the provisions of this
agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein,the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal
and State statutes and regulations; (b) Scope of Work;(c)Special Terms and Conditions;(d)Any
terms incorporated herein by reference including the"Administrative Requirements for Ecology
Grants and Loans';and (e)the General Terms and Conditions.
SS-010 Rev. 04104
Page 18 of 24
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe 1 Desimone Levee Improvements
Appendix B: Site Map -Detail
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Page 19 of 24
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Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe i Desimone Levee Improvements
Appendix C: Restrictive Covenant Boilerplate for the Green River Levees
Restrictive covenant for the City of
Tax Lot#
Upon recording return to:
Project Manager:
Department:
City:
Address:
Restrictive Covenants
Notice is hereby given that the property acquisition,
hereinafter referred to as the " " property, more particularly described in Exhibit "A," is
subject to the use restrictions listed below. The purpose of these restrictions is to prevent this land
from future development and to ensure that the property will be used to
enhance the Green River Levee system in perpetuity while allowing public access.
These restrictions are a condition of the grant funding appropriated by the Department of
Ecology as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB
6074, §3009 of the Capital Budget to improve the Green River Briscoe / Desimone Levee that
protects communities In the Lower Green River Valley from flooding and are enforceable by Ecology.
Uses of the property are restricted as set forth below. These restrictions
and obligations are intended to run with the land and shall be binding on the city of , its
heirs, successors, and assigns:
1) Enhancing the Green River Levee to protect the Lower Green River Valley from
flooding;
2) Maintaining vegetation and providing new native vegetation as necessary to prevent
levee erosion and to manage the growth of non-native exotic species (such as Reed
Canary grass, purple loosestrife,etc.);
3) Allowing for inspection, maintenance, repair, and necessary reconstruction of the
levees;
4) Allowing for levee access ;
5) Maintaining and improving the levee system for the enhancement of fish and wildlife
habitat;
6) Providing for open space as deemed appropriate; and
7) Restricting acquisition areas from future development other than required for levee
improvements.
Legal Description of Acquisition Area, is attached as Exhibit"A"
Page 21 of 24
Flood Agreement No.G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
In witness whereof, the City of has executed this document this day of
20_, at (city), Washington.
CITY OF
Signature,Authorized Official
Print Name of Authorized Official
Title of Authorized Official
STATE OF WASHINGTON }
) ss.
COUNTY OF KING }
I certify that I know or have satisfactory evidence that _(name) is the person
who appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the
City of to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
-Notary Seat Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
i
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Page 22 of 24
Flood Agreement No.01300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/Desimone Levee Improvements
Restrictive Covenants Exhibit A:
Legal Description of Acquisition Area
i
Page 23 of 24
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REQUEST R MAYSIGNATURE
� T Please Fill in All Applicable Boxes
Reviewed by Director
Originator's Name: Cher I Viseth De tJDiv. Transportation Extension: 5504
Date Sent: 1/29/2015 Date Re uired: 2/03/201S
Return to: Cheryl Viseth for Steve Mullen CONTRACT TERMINATION BATE: N/A
VENDOR: King County Flood Control Zone DATE OF COUNCIL APPROVAL: 1/20/2015
District
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
The attached-agreementis•for-Aegis4T5,-Irte-le-provide-hardware,-softwware &imptementation-setvices
to.install-a-.replacement-tr-a€fle-sicjnei-eontroi system.-
First Amendment to the Agreement for Levee Construction, Operations & Maintenance of the Briscoe
Desimone Levee between the City of Kent and the King';County Flood Control Zone District for River Mile
14.3 to 17., Right Bank.
Al/Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)I
Received; r t ` r •x
Approval of Law Dept.: '- 1
Law Dept. Comments:
tDatewarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
•Disposition.
Date Returned: