HomeMy WebLinkAboutPW14-081 - Other - Revised - King County Flood Control Zone District - Russell Road Upper Levee Construction, Operation & Maintenance - 04/10/2015 Ar
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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:
JD Edwards Number
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Contract Number: V IV�1
This is assigned by City Clerk's Office
Project Name: 1n,, i -d ioaif� to},I ' .-V
Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Revised Interlocal Agreement
Contract Effective Date: date of last signature Termination Date: 5yrs after
accepted as complete
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Mike Mactutis Department: PW Environmental
Contract Amount: $2.3 Million _
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Amended Interlocal Agreement with the King County Flood Control Zone District to
receive reimbursement for improvements to the Russell Road Upper Levee North & South
Reach.
As of: 08/27/14
•
KENT xcet�" Agenda Item: Consent Calendar - 7I
wa n . craN i
TO: City Council
DATE: April 7, 2015
SUBJECT: Interlocal Agreement with the King County Flood Control District for the
Upper Russell Road Levee - Authorize
MOTION: Authorize the Mayor to sign `an amended Interlocal Agreement
with the King County Flood Control District to receive reimbursement for
improvements to the Russell Road Upper Levee, subject to final terms and
conditions acceptable to the City Attorney, the Public Works Director and
the Parks Director.
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SUMMARY: The Interlocal Agreement (ILA) will allow the City to move ahead with
construction of the remaining portion of the South Reach Levee between the Neely-
Soames Historic House and the James Street/Russell Road Intersection using
budgeted funds from the King County Flood Control District (District).
In July 2013, an ILA was executed with the District to construct the North Reach
Levee segment of the Russell Road Upper Levee, located next to the Lakes
Community. The District budgeted $1.5 million for the levee improvements. The
agreement was then amended in March 2014 to include funding for levee construction
at the James Street/Russell Road intersection and property acquisition along the Lakes
Community. The funding totaled about $3.8 million.
This proposed amendment will bring District funding for the project to a total of just
under $6 million. Per the ILA, project costs in excess of this amount will require
approval from the District. We expect to be within this amount.
The project will complete the remaining portion of the South Reach Levee and will
complete FEMA Accreditation work on the Upper Russell Road Levee near the Lakes
Community.
EXHIBITS: Amended Interlocal Agreement
RECOMMENDED BY: Public Works Committee
YEA: Ralph - Higgins NAY:
BUDGET IMPACTS: Under this agreement the City would be reimbursed up to
$5,987,228 from the King County Flood Control District.
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ATTACHMENT A
REVISED AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND
MAINTENANCE
Russell Road Upper Levee—North Reach and South Reach
River Mile 19.25 to 20.4,Right Bank
THIS REVISED AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND
MAINTENANCE ("Agreement") of the Russell Road Upper Levee — North Reach and South
Reach, River Mile 19.25 to 20.4, Right Bank ("Levee") is entered into on the last date signed
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 Russell Road Upper Levee — North Reach and South Reach ("Levee") is a
key part of the Green River levee system. The District Board of Supervisors desires to improve
the Levee by constructing a new secondary earthen levee described and shown in Exhibit A as
part of a longer term plan for a setback levee in this area. The secondary levee project will
hereafter be referred to as "Project" or "Levee Project". The Levee Project is planned for
construction from 2013 through 2016.
C. The District desires to authorize and the City desires to construct the Project as
soon as possible, in order to provide for the safety of the residents and businesses that are
protected by this levee.
D. By Resolution FCD 2012-09.3, adopted on November 5, 2012, FCD 2013-14.3,
adopted on November 12, 2013, and FCD 2014-14.3, adopted on November 3, 2014,the District
Board of Supervisors determined that the flood control improvements included in those
Resolutions generally contribute to the objectives of the District's comprehensive plan of
development. In those Resolutions, the District Board of Supervisors also approved funding for
the Project.
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E. Pursuant to Resolution FCD 2013-12.1 the Parties entered into the "Agreement
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for Levee Construction, Operation and Maintenance, Russell Road Upper Levee-North Reach,
River Mile 19.5 to 19.8, Right Bank" relating to the North Reach portion of the Project ("North
Reach Agreement'). Pursuant to the North Reach Agreement, the North Reach Levee was
constructed in 2013.
F. Pursuant to Resolution FCD 2014-02.1, the Parties entered into the "Agreement
for Levee Construction, Operation and Maintenance, Russell Road Upper Levee-North Reach
and South Reach, River Mile 19.25 to 20.4, Right Bank" relating to the North and South Reaches
of the Project ("2014 Agreement'). Pursuant to the 2014 Agreement, construction on a portion
of the South Reach Levee located at the James/Russell intersection was started in 2014, and
property necessary to construct the South Reach Levee located along the Lakes Community will
be acquired.
G. The Parties desire to revise the 2014 Agreement to amend and re-state the 2014
Agreement, and to include construction of the remaining portion of the South Reach Levee along
the Lakes Community, which has an anticipated start date in 2015.
AGREEMENT
Based upon the foregoing, the Parties agree as follows:
1. Incorporation of Recitals—Scope of Agreement.
a. All recitals above are hereby incorporated and ratified as part of this Agreement.
b. This Agreement establishes the terms and conditions for design, construction,
installation, operation, maintenance and repair of improvements to the Levee, as that term is
defined in the recitals above. This Agreement amends and replaces the "Agreement for Levee
Construction, Operation and Maintenance, Russell Road Upper Levee-North Reach and South
Reach, River Mile 19.25 to 20.4, Right Bank" executed by the Parties in April, 2014, upon the
effective date of this Agreement, as defined in paragraph 16 below.
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.
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3. Levee Design, Construction and Reimbursement.
a. The City shall design, construct and install the improvements to the Levee Project
described and depicted on Exhibit A, attached hereto and incorporated herein by reference in
accordance with this Agreement, subject to the authorizations and restrictions in Exhibit A. In
this Agreement, the term "Levee Project' or "Project' shall apply to both the North Reach and
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the South Reach, unless the term can and should apply only to a part of the Project or Levee
Project.
b. The City shall obtain and be responsible for all necessary local, state, and federal
permits and approvals for the Levee Project, and shall fully comply with all applicable
requirements and conditions thereof.
C. The Parties acknowledge and understand that at the effective date of this
Agreement, all of the estimated cost of the Levee Project is included in the District's 2015-2020
Six-Year CIP. The District reserves the right to terminate this Agreement, and the City shall
immediately terminate work upon receipt of notice to terminate; provided, that until substantial
completion of the Project, the District shall continue to accept and review City requests for
reimbursement up to the amount of funds appropriated in an approved District budget 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 the Reimbursement of
City Expenditures paragraph below.
C. Except as provided in Section 3(t) below, the City shall obtain and convey to the
District or King County, as determined by the District, all necessary easements or property
interests for design, construction of or access to the Levee Project. If the property interest is an
easement, the City shall use either (1) the form of the standard River Protection Easement in
Reference 8P to the King County Surface Water Design Manual, or (2) a different form of River
Protection Easement approved by the District. If the property interest is other than an easement,
the form of the property interest document shall be approved by the District.
f. For portion of the Levee Project shown on Exhibit C, attached hereto and
incorporated herein by reference (also known as the Lakes Community portion of the South
Reach Levee), (1) the City shall grant to the District or King County, as determined by.the
District, a fifteen-foot wide River Protection Easement for the area shown on Exhibit C, in the
form of River Protection Easement or alternative Easement form described in Section 3(e) above,
(2) the City shall grant to the District or King County a maintenance and inspection easement for
the portion of the Levee located in the City's right-of-way shown on Exhibit C and outside of the
existing Green River Trail, in a form of easement approved by the District, (3) the District or
King County, as determined by the District, shall grant to the City a vegetation management
easement between the River Protection Easement and the maintenance and inspection easement,
in a form of easement approved by the City, and (4) after receipt of the River Protection
Easement, the District or King County, as determined by the District, shall grant to the City a
ten-foot wide easement for utilities in the portion of the River Protection Easement that abuts the
vegetation management easement. A typical cross section of the existing ground, the City right-
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of-way, the vegetation management casement area, and River Protection Easement area is shown
on Exhibit D, attached hereto and incorporated herein by reference.
4. Levee inspection, Maintenance, Operation and Repair Standards. The District
shall inspect, operate, maintain and repair the Levee in accordance with this Agreement, which
includes Exhibit B, attached hereto and incorporated herein by reference, and with District
general standards, requirements and policies for operation, maintenance and repair of Green
River levees, as these are determined and applied by the District, provided that the District shall
not be obligated to operate, maintain and repair the Levee if PEMA does not approve a risk-
based approach to operation, maintenance and repair of the Levee.
5. 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 the Project, which events and actions shall include, but not be limited to,the thirty
percent (30%), sixty percent (60%) and ninety percent (90%) design phases and the invitation to
bid. At least thirty (30) days before City completion of plans and specifications for any design
phase, the City shall submit draft plans and specifications to the District for review and
comment. At least thirty (30) days before advertising an invitation to bid, the City shall submit
to the District for 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.
6. Additional Activities. The District will provide enhanced monitoring of the
Levee through slope stability instrumentation.
7. District Inspections. The District shall have the right to inspect the City's
construction of the Levee Project.
8. Contracts for Levee Work. Upon execution of a contract for construction of the
Levee Project, the City shall send a copy of the contract to the District.
9. Record Drawings; Retention and Review of Documents. The City shall submit to
the District record drawings for the Project, in a form and with detail required by the District.
The City agrees to maintain documentation of all planning, design, construction and inspection
of the Project sufficient to meet state audit standards for a capital project, recognizing that the
costs of the Project are paid for in whole or in part by the City and the District. The City agrees
to maintain any additional documentation that is requested by the District. City contracts and
internal documents shall be made available to the District for review and/or independent audit
upon request.
10. Access; Special Use Permit. To the extent that the District's or King County's
property interests require and allow, the City shall follow the District and/or King County
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processes for obtaining, as applicable, special use permits, consistent with King County special
use permit procedures and standards, and shall obtain such permits for any City access to and
construction and inspection work on the Levee. The District shall waive any applicable bond
requirements. If Levee Project work involves access to and use of real properly for which
neither the District nor King County has real property interests or rights, the City shall be
responsible for obtaining real property rights sufficient for City access to and construction and
inspection of such Levee Project work, and District and WLRD access to and maintenance,
operation and repair of the Levee.
11. District Costs and Expenses. The District's budgets for 2013, 2014 and 2015
include $5,987,228 for the Levee Project as described and depicted in Exhibit A. The Project
costs shall not exceed this amount without amendment of the District's 2015 budget or approval
of such amount in a future annual District budget.
12. Reimbursement of City Expenditures.
a. No more than once a month, the City shall submit requests for reimbursement of
City costs and expenses incurred on or after Judy 8, 2013 for property interest or easement
acquisition, for restrictive covenant implementation, and for Project design, construction and
inspection; provided that the City may not submit, and the District shall not consider, such
reimbursement requests for property interest or easement acquisition or restrictive covenant
implementation until the City has obtained and conveyed to the District the property interest
documents required by paragraph 3.e or the applicable restrictive covenants. The requests shall
be in a form and shall contain information and data as is required by the District. In connection
with submittal of requests for reimbursement, the District may require the City to provide a
status and/or progress report concerning submittal, preparation or completion of any document or
work required by this Agreement.
b. The District shall review the requests to confirm that they are reimbursable and
payable under this Agreement. The District shall endeavor to complete such review within thirty
(30) days of receipt of a request in order to determine whether they are reimbursable and payable
under this Agreement. The District shall forward the approved reimbursement to the City within
forty-five (45) days of the City request.
C. 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
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 21 below. After resolution of the
dispute,the District shall provide reimbursement as provided in this paragraph 12,
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d. The District may postpone payment of any request for reimbursement, up to a
maximum of five percent (5%) of the request, where the City is delinquent in submittal,
preparation or completion of any document or work required by this Agreement
13, Levee Warranty. The City shall warrant the materials, work and function of the
Project for five (5) years after the City's acceptance of construction of the Project, or any
discrete and separate portion thereof.
14. 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 the Project.
15. Impact on Other Reaches or Segments. The District and the City agree that the
improvements to the Levee under this Agreement shall not have a detrimental effect on other
segments or reaches of the Green River levee system. The improvements to the Levee shall be
deemed not to have such a detrimental effect where the improvements fully protect the
conveyance capacity and storage volume of the floodplain during base flood (100-year flood)
conditions, as demonstrated by compliance with King County flood hazard regulations, which
are Sections 21 A.24.230 through 21A.24.260 ofthe King County Code.
16. Duration Effective Date. This Agreement shall take effect on the date on which
the second party signs this Agreement, and shall remain in effect until the Levee Warranty
expires.
17 Third Parties, This Agreement and any activities authorized hereunder shall not
be construed as granting any rights or privileges to any third person or entity, or as a guarantee or
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.
18, 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 right to
remove such lien and charge back the Costs of such removal to the City.
19. Indemnification. To the maximum extent permitted by law, the City shall defend,
indemnify and hold harmless the District and King County, and all of their officials, employees,
principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable
attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons
or damages to property, arising out of, or as a consequence of, the design and construction of the
improvements to the Levee under this Agreement. As to all other obligations under this
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Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and
hold harmless the other Party, and all of its officials, employees, principals and agents, from any
and all claims, demands, suits, actions, fines, penalties and liability of any kind, including
injuries to persons or damages to property, arising out of or relating to any negligent acts, errors
or omissions of the indemnifying Party and its contractors, agents, employees and representatives
in performing these obligations under this Agreement. However, if any such damages and
injuries to persons or property are caused by or result from the concurrent negligence of the
District or its contractors, employees, agents, or representatives, and the City or its contractor or
employees, agents, or representatives, each Party's obligation hereunder applies only to the
extent of the negligence of such Party or its contractor or employees, agents, or representatives.
This indemnification provision shall not be construed as waiving any immunity granted to the
City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW,
as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of
each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party
only, and only to the extent necessary to provide the indemnified Party with a full and complete
indemnity of claims made by the indemnitor's employees. This waiver has been mutually
negotiated.
20. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional
excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the
other Party with a certificate of insurance and additional insured endorsement that will name the
other Party as an additional insured.
21. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements or payments, as provided for in
paragraph 12 above, submittal of all relevant information and data to an independent Certified
Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Parties, for a
non-binding opinion as to the responsibility.
b. If the foregoing does not result in resolution and for all other disputes, the Parties
may mutually select any informal means of resolution and resort will otherwise be had to the
Superior Court for King County, Washington.
C. Each Party will be responsible for its own costs and attorney's fees in connection
with the dispute resolution provisions of this paragraph 21.
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22, Trail Design. If the City removes the existing embankment and trail,the City
shall obtain permits for and shall design and construct a trail on top of the new levee in
accordance with King County Park regional trail standards. The City shall submit plans for the
trail to King County Parks for review coincident with District plan review at each design
phase. This City trail construction requirement does not necessarily preclude the District from
designing and constructing a trail on top of the new levee in accordance with King County Park
regional trail standards, once the existing levee crest and embankment have been fully improved
(including trail removal, grading and vegetation). If the District designs and constructs the trail,
the City agrees to process all applicable permits and approvals and shall not unreasonably deny,
delay, nor place unreasonable conditions on such permits and approvals.
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 shal I control.
24. Binding Nature. The rights and duties contained in this Agreement shall inure to
the benefit of and are binding upon the Parties and their respective successors in interest and
assigns.
25. Notices, Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
required or desired to be given hereunder by either Party (collectively, "notices") shall be in
writing and shall be validly given or made to the other Party if delivered either personally or by
Federal Express or other overnight delivery service of recognized standing, or if deposited in the
United States Mail, certified, registered, or express mail with postage prepaid, or if sent by
facsimile transmission with electronic confirmation. If such notice is personally delivered, it
shall be conclusively deemed given at the tirne of such delivery. If such notice is delivered by
Federal Express or other overnight delivery service of recognized standing, it shall be deemed
given one (1) business day after the deposit thereof with such delivery service. If such notice is I
mailed as provided herein, such shall be deemed given three (3) business days after the deposit 1
thereof in the United States Mail. If such notice is sent by facsimile transmission, it shall be
deemed given at the time of the sender's receipt of electronic confirmation. Each such notice
shall be deemed given only if properly addressed to the Party to whom such notice is to be given
as follows:
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To City: Tim LaPorte, Public Works Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlayortena,KentWA.gov
To District: Mark Hoppen, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: Mark.Hoppen@kingcounty.gov
Any Party may change its address for the purpose of receiving notices as herein provided by a
written notice given in the manner aforesaid to the other Party.
26. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement, which shall
become effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
i Al
By: L5
r f ' By,
Su ette coke Reagan Dunn
Its: a .g Its: Board Chair
DATE: "f DATE:
APPROVED AS TO FORM. APPRO/VF'b A O FORM:
By By:
I '
City Attorney Legal Couns
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EXHIBIT A
Description of the Russell Road Upper Levee-North Reach and South Reach Project
The Russell Road Upper Levee is located along the right bank (easterly side) of the Green River
between River Mile 19.25 and 20.4, which is approximately from S 231st Way to the Riverbend
Golf Complex(see Figure 1). The Russell Road Upper Levee, which includes the North Reach
and South Reach,protects properties within the cities of Kent,Tukwila and Renton. Multi-
family residences and single family residences,the City's Maintenance Operations Facility,
Russell Woods Park, Neely-Scarves Historic Homestead and Riverbend Golf Complex are
located adjacent to the Levee.
Before the completion of improvements to the North Reach section of the Levee in 2013,the
North Reach, approximately 1,190 linear feet, did not meet slope and stability requirements and
needed improvements to meet FEMA accreditation standards. This section of Levee is located
between RM 19.5 and 19.8. This section of Levee is on the outside of a sharp bend in the river
and the slope of the riverbank has indications of minor slumping of soils. This recently
constructed section of the Levee provides greater than 3 feet of freeboard above the predicted
100-year flood event, which exceeds FEMA standards for accredited levees
The South Reach, approximately 1,800 lineal feet, does not meet slope and stability requirements
and needs improvements to meet FEMA accreditation standards. This section of Levee is
located between RM 20.1 to 20.4, which is located on a sharp outside bend in the Green River
and has indications of minor slumping in the soils. Once constructed, this section of the Levee
will provide greater than 3feet of freeboard above the predicted 100-year flood event, which
exceeds FEMA standards for accredited levees.
District funds for the South Reach section of the Levee will allow construction of this section of
the Levee along the Lakes Community,the City's Public Works Maintenance Operations
Facility, Parks Maintenance Facility and Riverbend Golf Complex. District funds previously
appropriated have allowed construction of the North Reach portion of the Levee,the setback
levee at West James Street and Russell Road, and the acquisition of necessary properties and
easements to complete the work.
For both the North and South Reach, the Project will allow for future re-vegetation and habitat
restoration work along the river between the ordinary high water line and the trail in areas where
the Levee will be constructed. In the areas where the Levees are installed, mid-slope terraced
areas or benches may be constructed where feasible and native vegetation will be planted above
the ordinary high water line as part of a future phase. This Agreement does not provide for the
property acquisition or project planning or design for that future phase.
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FIGURE 1:
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FCD2015-04
EXHIBIT B
Levee Inspection,Maintenance, Operation and Repair
1. The District shall maintain and operate the Levee consistent with the District's Flood
Hazard Management Plan Policy PROD-6, Flood Protection Facility Design and
Maintenance Objectives (or its successor), which states as follows:
"[The District] should construct new flood protection facilities and maintain,
repair or replace existing flood protection facilities in such a way as to:
• Require minimal maintenance over the long term,
• Ensure that flood or channel migration risks are not transferred to other
sites,
• Protect or enhance aquatic, riparian and other critical habitats, and
• Protect or enhance multiple beneficial uses of flood hazard area."
2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a
risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a
CLOMR or LOMR for the Levee, the District shall not be obligated to operate and
maintain the Levee.
3. The upper 1/3 of the riverward slope above the OIIWM may be mowed and maintained
in grass cover.
4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all
times, including access by heavy construction equipment and earth-hauling machinery.
5. The landward Levee slope may be mowed and maintained in grass cover.
6. The 15-foot maintenance access and inspection area along the landward Levee toe may
be mowed and maintained in grass cover.
7. Upon acceptance of completed Levee construction by the District, the Levee, as
constructed to these standards, shall be inspected by the District prior to leaf emergence
each spring, at low-flow conditions in the late Summer or early Fall, prior to the onset of
fall rains and seasonal high flows, and during and immediately following flood events at
Phase I1I(9,000 cfs) or greater.
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8. All structural features of the Levee shall be inspected by the District for deterioration or
damage, including the presence of any slope erosion, washouts, slumping, slides, or
sloughing, and any conditions noted shall be included in prioritization of District and/or
King County maintenance and repair needs, and in performance of maintenance and
repair actions at the earliest appropriate opportunity.
9. All vegetation on the levee slopes, benches, or along the lower embankment shall be
inspected by the District for erosion of the riverward embankment in the root zone, and
appropriate corrective action shall be taken where such conditions may be present.
10. The District and/or King County shall perform continuing levee patrols during all Phase
III or greater flood events.
11. Damaged or impaired Levee conditions observed by the District during flood patrols shall
be evaluated for emergency repair actions. j
12. Any emergency repairs performed will be inspected by the District at the next low-water
period for evaluation of permanent repair needs or additional measures required to restore
the function and integrity of all affected locations.
13. The District and/or King County shall prioritize repairs consistent with the adopted
policies of the District's Flood Hazard Management Plan, or its successor.
14. The City shall be responsible for all local drainage inspections and maintenance. The
District and King County shall not assume any responsibility for stormwater management
activities.
15. The Levee shall meet the following minimum Factors of Safety for potential slope failure
mechanisms when determined by the methodologies described in USACE Publications
EM 1110-2-1902 and EM 1110-2-1913, as follows:
• End of Construction FS=1.3
• Steady State at full stage: FS=1.2
• Steady State at intermediate stage: FS=1.2
• Seepage and Heaving: FS=1.2
• Rapid Drawdown from full stage: FS=1.4
• Seismic: FS=1.0
FCD2015-04
EXHIBIT C
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LEGEND
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Al a✓. ✓/lU €ASEM t TO KING COUNTY F(l)
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VEG MAINTYaEdOowT T SR 516 S. 231ST ST
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EXHIBIT D
FXiSTING CITY OF
KENT 40' RIVJ PROPERTY TO BE PURCHASED •- 15' RIVER
FOR KING COUNTY PRUiEC710N
IFVFF MAINT. (WIDTH VARIES)__ EASEMENT TU
EASEMENT TO KING COUNTY
KING COUNTY
sJ(VEGElAtION MAEtJT
70 EASEMENT ...
60 _.__ -... I'70 CITY OF--K£N'h
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TYPICAL SECTION
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SR 516-S. 231ST ST j
LEVEE IMPROVEMENTS
KENT ME LAKES - SOUTH REACH
CITY OF ICEN'I` �;�*.. .
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P+ 1200 King County
King County Courthouse
LQ1
516 Third Avenue
Seattle,WA 98104
King County Meeting Agenda
King County Flood Control District
Boardmembers: Reiman Dunn, Chair;Larry Gossett, Vice Chair; Rod Dembowski; Jane Hague; Kathy
Lambert,•,.JgC McDerrontt,.-Larry Phillips; Dave-Upthegrove; Pete von Relchbau®r l
1:30 PM Monday,April 13, 2016 Room 1001
1. Call to Order
2. Roll Call
3. Approval of Minutes of special meeting of March 16. 2016 Boardmember Gossett
Discussion and Possible Action
4, FCD Resolution No. FCD2015-04
A RESOLUTION relating to the North and South Reach of the Russell Road Upper Levee
improvement project, River Mile 19.25 to 20.4, Right Bank,on the Green River in the city of Kent;
approving a revised agreement with the city of Kent for such project;and authorizing the chair to
enter into such agreement.
1. Ask clerk to read the item into the record.
2. Call on Rod Kaseuma, legal counsel, to give the staff
report.
3. Call on Boardmember Gossett to move the item.
4. Ask for discussion.
5. Call on the Boardmember Gossett to close.
6. When discussion is ended, ask the clerk to call the roll on
the item.
7. After the vote is announced, state. "Having received the
required majority, Resolution FCD2015-04 is adopted."
5. Other Business
6. Adjournment
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King County Page l Printed on 4110/2015
REQUEST FOR MAYOR'S SIGNATURE
® T Print on Cherry-Colored Paper
K�N
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Chp.,CA41 Viv%Ar K.k its Phone (Originator): p
Date Sent: / Date Required:
Return Signed Document to: Cheryl viseth Contract Termination Date:
VENDOR (NAME: Date Finance Notified: (lpfravj
r)rh G+�9 F^ t '7�, u.,. .! (Only required on contracts
r! r�� COp1"I�'6f Zo G* vO r w S10 000 and over or on any Grant
DATEr�OF COUNCIL APPROVAL: Date Risk Manager Notified:APPr� 1 perch,;;. H it
Y7 YiI (Required on Non-CityStandard Contracts/A reements S��Si'13
Has this Document been Specifically Account Number: .;. ('
Authorized in the Budget? Q YES Q NO
Brief Explanation of Document:
Revised Inter-local agreement between King County Flood Control Zone District and the city of Kent
for levee construction, operation and maintenance of the Russell Road Upper Levee - North Reach
and South Reach.
Approved by the District on April 13, 2015.
i
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the *Pa4entw
Received
Approval of Law Dept.: '<_ _ t,
Law Dept. Commeents'. _x � �
Date Forwarded to Mayor: ':54
Shaded Areas To Be Completed By Administration Staff,
Received:
Recommendations and Comments:
Disposition:
Date Returned;
-- — --
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I
� KING COUNTY
IT,OOD CONTROL
D I S T R I C T
316 Thn,I Avemie•Room W 1039•Senetle.WA 98101
7.06.296.1020•tvfa(jkingeomi[yfloodcotID'oLorg
ow'c.kiigcoaul�dloodconlmlurg
April 13, 2015
Mike Mactutis, PE
Environmental Engineering Manager
Public Works Department City of Kent
400 W Gowe
Kent, WA 98032
Dear Mike:
Enclosed are two signed originals of the interlocal agreement between the King
County Flood Control District and the City of Kent regarding the Russell Road
Upper Levee-North reach and South Reach approved by the District on April 13,
2015. Please have both originals signed by the mayor and the city attorney,
retain one original for your records and return the other to me. I will be
responsible for circulating the final signed document and posting the agreement to
the internet on this end.
Sincerely,
n
Anne Noris
Clerk of the Council
Enclosures
Board of Supervisors;Reagan Dunn,Chair(Larry GosscU,Vice-Chair
Had Dembowskl Ijane Hague I Kathy Lambert I Joe McDermott]Larry Phillips
Dave Opthegrove lPete von Reichbauer