HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 11/03/2014 1
Public Works Committee Agenda
�� Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair
`� KENT
WASHINGTON
November 03, 2014
4:00 p.m.
Item Description Action Speaker Time Pace
1. Approval of Minutes for October 20, 2014 YES None 03 03
2. PSE Design Agreement for Russell Rd Upper Yes Toby Hallock 05 7
South Reach Levee
3. Amendment to the Interlocal Agreement- YES Kelly Casteel 05 17
Briscoe/Desimone Levee
4. Interlocal Agreement/Boeing Ecosystem YES Mike Mactutis 10 49
Restoration Project
5. Information Only/Recent Surrounding Water NO Sean Bauer 10 65
Utility Issues
6. Information Only/Recap - Water Rate Structure NO Paul Scott/ 10 67
Kristin Lykken
7. Information Only/Update on Mill Creek NO Matt Knox/Chad 10 69
Restoration Project Bieren
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each
month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information
please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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Public Works Committee Minutes 3
October 6, 2014
COMMITTEE MEMBERS PRESENT:
Committee Chair, Dennis Higgins, and Committee members Dana Ralph and Brenda Fincher were
present. The meeting was called to order at 4:02 p.m.
Item 1 - Approval of Meeting Minutes Dated October 6, 2014:
Committee member Fincher MOVED to approve the minutes of October 6, 2014. The
motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 2 - Illicit Discharge Ordinance:
Environmental Supervisor, Shawn Gilbertson oversees the Municipal Stormwater Permits for the
City. Gilbertson noted that the proposed code amendments establish additional penalty provisions
that apply should an individual violate the illicit discharge code provisions. The amendments also
clarify existing code provisions, and make other changes consistent with federal law. The code
meets the requirements of the Phase II Permit, helps preserve water quality, and protects fish
and wildlife in surface waters within and downstream of the City limits.
Gilbertson went on to state that this ordinance was presented to the Kent Land Use and Planning
Board on October 13, 2014. The Land Use and Planning Board moved to recommend adoption of
this ordinance by the City Council. There is an Illicit Discharge Spill Hotline (253)856-5600 that
citizens and businesses can call.
Committee member Ralph MOVED to recommend Council adopt an ordinance that
amends Chapter 7.14 of the Kent City Code, entitled "Illicit Discharges" to establish
penalty provisions that apply should an individual violate the illicit storm water
discharge code provisions, to clarify existing code provisions, to make other changes
consistent with federal law, and to ratify all acts consistent with the ordinance. The
motion was SECONDED by Committee member Fincher and PASSED 3-0.
Item 3 - Consultant Agreement with Geo Engineering for SE 2401h Street Repairs:
Environmental Engineer, Stephen Lincoln noted that the northerly portion of SE 240th Street
overlooking the Soos Creek trail has begun to suffer slope failure, resulting in progressive
damage to the road. The effected portion of SE 240th Street lies between 144th Avenue and
146th Place. GeoEngineers has developed plans and specifications for a soldier pile wall and
pavement restoration along SE 240th Street. NW Cascade has been awarded the construction
contract and will begin work next month.
Consultant services will include geotechnical inspection of the construction, compaction testing,
addressing contractor questions, and attending construction meetings. Lincoln noted that the
road would be closed through December 2014.
Committee member Fincher MOVED to recommend Council authorize the Mayor to sign
a Consultant Services Agreement with GeoEngineers in an amount not to exceed
$34,000 for consultant services to complete slope stabilization and pavement
restoration along SE 240th Street, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director. The motion was SECONDED by Committee
member Ralph and PASSED 3-0.
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Public Works Committee Minutes 4
October 6, 2014
Item 4 - SR 516 Levee Franchise Agreement with Washington State Department of
Transportation:
Engineering Manager, Mark Howlett noted that the City is working to establish a certified levee
system in Kent. Construction of facilities within SR 516, state-owned limited access highway
right of way, is required to establish this levee system in Kent. This agreement allows the City to
connect the County Road Levee through SR 516 to the SR516 to S. 231st Way.
Committee member Ralph MOVED recommend Council authorize the Mayor to execute
an agreement with the Washington State Department of Transportation to construct a
levee within State Right-of-Way for levee certification purposes, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director. The motion
was SECONDED by Committee member Fincher and PASSED 3-0.
Item 5 -Reimbursement Agreement with Union Pacific Railroad for Milwaukee II Levee
&S 2591h Street:
Design Engineering Supervisor, Mark Madfai reiterated that the City is requesting an agreement
with the Union Pacific Railroad (UPRR) for the placement and operation and maintenance of a
proposed levee floodwall within the UP Right of Way for the Milwaukee II levee. This
reimbursement agreement requested by UPRR will allow them to bill the City for their time to
review plans and process the agreement.
Public Works Director, Tim LaPorte stated that the City is also pursuing a project to increase the
clearance under the existing UPRR bridge at S. 259th St., this will require significant coordination
with the railroad. This same agreement will allow the railroad to get reimbursed for their review
of the proposed plans from the City for this project.
Committee member Fincher MOVED to recommend Council authorize the Mayor to sign
a Reimbursement Agreement with the Union Pacific Railroad for design review of the
Milwaukee II Levee and S. 259th St. Underpass in and amount not to exceed $25,000,
subject to final terms and conditions acceptable to the City Attorney and Public Works
Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 6 - Lindental Pump Station Isolation Valve:
Sewer Field Supervisor, Rob Lovell briefly noted that this agreement is to purchase a stainless
steel valve and associated hardware to be installed at Lindental Pump Station. Lindental is our
largest sewer pump station located just south of Kent Kangley and 118th Ave. SE Due to the
buildup of fats, oils and grease the station requires cleaning a few times a year. Installing the
valve will eliminate the possibility of engulfment during wetwell cleaning, by isolating incoming
flows to the station.
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a
Goods and Services Agreement with Ferguson N.W. in an amount not to exceed
$24,000.00 for the purchase of an isolation valve at the Lindental Pump Station,
subject to final terms and conditions acceptable to the City Attorney and Public Works
Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0.
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Public Works Committee Minutes 5
October 6, 2014
Item 7 —Information Only/Green River Levee and System Wide Improvement
Framework & Levee Update:
Environmental Engineering Manager, Mike Mactutis the City has been working on system-wide
accreditation of the Green River right bank levees (looking downstream) since 2008 and has
made significant progress in the analysis and upgrades required for FEMA to accredit the levees.
The King County Flood Control District is in the midst of the System-Wide Improvement
Framework (SWIF) for the Lower Green River which is at a critical decision point that will shape
the course of the Green River Levee improvements for years to come. The SWIF Technical
Advisory Committee will meet on Wednesday, September 17, with the goal of recommending an
alignment alternative for the levee system. This item will come back to committee at a later
date.
Information Only/No Motion Required
The meeting was adjourned at 5:03 p.m.
Cheryl Viseth
Council Committee Recorder
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 W Gowe St.
Kent, WA 98032-5895
Date: October 30, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: November 3, 2014
From: Toby Hallock, P.E., Environmental Engineer
Through: Chad Bieren, P.E., City Engineer
Subject: Russell Road Upper Levee — South Reach — Puget Sound Energy
Design Agreement
Item - 2
Motion: Recommend Council authorize the Mayor to sign the Puget
Sound Energy Schedule 74 Design Agreement for the Russell Road
Upper Levee — South Reach, as approved by the City Attorney and
Public Works Director.
Summary: The focus of the project is to construct the remaining portion of the
South Reach Levee north of James Street along the Lakes Community. A secondary
levee will be constructed landward of the existing levee on the Green River in order
to meet FEMA's levee accreditation requirements.
In order to complete the project, existing overhead Puget Sound Energy (PSE) lines
will need to be relocated underground. The first step in that process is to sign a
Schedule 74 Design Agreement with PSE. A Design Agreement will allow PSE to
prepare plans to underground its utilities. The estimated cost of the design of this
project is $20,000.
Exhibit: Schedule 74 Design Agreement with PSE
Budget Impact: There will be no impact to the budget as funding will be
reimbursed by the King County Flood Control District through an Interlocal
Agreement on this project.
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9
SCHEDULE 74 UNDERGROUND CONVERSION
Project Design Agreement
Project Name: Upper Russell Rd Levee—South Reach Schedule 74 Conversion
THIS Agreement, dated as of this_day of , 20_, is made by and between
the CITY of KENT, a Municipal Corporation (the"Government Entity"), and PUGET SOUND ENERGY,
Inc., a Washington Corporation (the"Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy and, pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity is considering conversion of the Company's existing overhead electric
distribution system to a comparable underground electric distribution, as more specifically described in the
Scope of Work(as defined in paragraph 2, below)furnished to the Company by the Government Entity
(the"Conversion Project").
C. The Government Entity has requested that the Company perform certain engineering design
services and otherwise work cooperatively with the Government Entity to develop a mutually acceptable
Project Plan (as defined in paragraph 6, below)for the Conversion Project, in accordance with and subject
to the terms and conditions of this Agreement(the"Design Work").
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the Design Work for the
Conversion Project.
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement.
2. The Government Entity shall,within ten (10) business days after the date of this Agreement, provide
the Company with a written scope of work for the Conversion Project which includes, among other
things, (a) a reasonably detailed description of the scope of the work required for the Conversion
Project, (b) a list of the key milestone dates for the Conversion Project, (c) reasonably detailed
drawings showing any associated planned improvements to the Public Thoroughfare, and (d) a
statement as to whether the Government Entity desires to install the ducts and vaults for the
Conversion Project(the"Scope of Work"). The Government Entity shall provide the Company two(2)
hard copies of the Scope of Work and a copy of the relevant electronic file(s) in a mutually agreed
electronic format.
3. Within ten (10) business days of its receipt of the Scope of Work, the Company shall prepare and
submit to the Government Entity(a) a reasonably detailed, good faith estimate of the cost to perform
the Design Work(the"Design Cost Estimate"), and (b) a proposed schedule for completion of the
Design Work which, to the extent reasonably practicable, reflects the applicable key milestone dates
specified in the Scope of Work and provides for completion of the Design Work within ninety(90)
Design Agreement, Attachment"A"to Schedule 74, Page 1
City of Kent— Upper Russell Rd Levee South Reach Conversion
10
business days from the date the Company receives the Government Entity's notice to proceed under
paragraph 5, below(the"Design Schedule"). The proposed Design Cost Estimate and the proposed
Design Schedule shall be based upon the then-current Scope of Work. Unless otherwise specified in
the Scope of Work, the Design Work shall not include negotiation or acquisition of third party property
rights but shall include preliminary planning between the Company and the Government Entity
regarding their respective obligations for negotiating and acquiring third party property rights.
4. Within ten (10) business days after the Government Entity's receipt of the proposed Design Cost
Estimate and the proposed Design Schedule from the Company, the Government Entity and the
Company shall meet in order to (a) review the proposed Design Cost Estimate, (b) review the
proposed Design Schedule; (c) review the Scope of Work, and (d) make any changes necessary to
create a final Scope of Work, final Design Cost Estimate, and final Design Schedule that are
reasonably acceptable to both parties. If the parties are unable to agree upon a final version of the
Scope of Work, Design Cost Estimate, and/or Design Schedule, then either party may, by written
notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures
in paragraph 16, below. The final Scope of Work, Design Cost Estimate and Design Schedule, once
determined in accordance with this paragraph 4, may thereafter be changed or amended only in
accordance with the change procedures set forth in paragraph 13, below.
5. The Government Entity shall, within ten (10) business days after determination of the final of the
Scope of Work, Design Cost Estimate, and Design Schedule, issue (a) a written notice to proceed
which shall delineate the final Scope of Work, Design Cost Estimate, and Design Schedule, or(b)a
written notice to terminate this Agreement without cost to the Government Entity. If the Government
Entity terminates this Agreement, the costs incurred by the Company in preparing and submitting the
Design Cost Estimate and the Design Schedule shall not be reimbursable to the Company, and the
rights and obligations of the parties under this Agreement shall be terminated in their entirety and
without liability to either party.
6. Following the Company's receipt of the notice to proceed, and within the applicable time period
specified in the Design Schedule, the Company shall, with the cooperation and assistance of the
Government Entity as outlined in this Agreement, prepare a project plan for the Conversion Project
(the"Project Plan")which shall include, among other things, the following: (a) a detailed description of
the work that is required to be performed by each party and any third party in connection with the
Conversion Project(the"Construction Work"), (b)the applicable requirements, drawings, and
specifications for the Construction Work, (c)a description of any operating and other property rights
that are required to be obtained by each party for the Conversion Project(and the requirements and
specifications with respect thereto), (d) a detailed estimate of the costs to be incurred by each party in
its performance of the Construction Work, and (e) a detailed schedule for completing the Construction
Work (including,without limitation, the dates for delivery of the ducts and vaults and other materials
for use at the site of the Construction Work),
7. The Government Entity shall be responsible for coordinating the Design Work with all other design
work to be performed in connection with the Conversion Project and any associated planned
improvements to the Public Thoroughfare. The parties shall work together in an effort to mitigate the
costs of the Conversion Project to each party, including, without limitation, identifying ways to
accommodate the facilities of the Company to be installed as part of the Conversion Project within the
Public Thoroughfare.
8. Within the applicable time period specified in the Design Schedule, the Company shall prepare and
submit to the Government Entity a proposed initial draft of the Project Plan. The parties understand
and acknowledge that the proposed Project Plan submitted by the Company shall be preliminary in
nature and shall not include, without limitation, information required to be supplied by the Government
Entity (e.g., scope and estimate of the cost of the Construction Work to be performed by the
Government Entity).
Design Agreement, Attachment"A"to Schedule 74, Page 2
City of Kent— Upper Russell Rd Levee South Reach Conversion
11
9. Within the applicable time period specified in the Design Schedule, the Government Entity shall
(a) review the proposed Project Plan submitted by the Company, (b) complete any information
required to be supplied by the Government Entity, (c) make any changes required to conform the
proposed Project Plan to the Scope of Work and this Agreement, and (d) return the amended Project
Plan to the Company.
10. Within the applicable time period specified in the Design Schedule, the Company shall review the
amended Project Plan submitted by the Government Entity and notify the Government Entity in writing
of either the Company's acceptance of, or the Company's specific objections to, the amended Project
Plan. If the Company makes any objection to the amended Project Plan, and the parties are unable to
resolve the objections and mutually agree upon the Project Plan prior to the final design date specified
in the Design Schedule, then either party may, by written notice to the other party, submit the matter
for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The Project Plan,
as mutually agreed upon by the parties or established through the dispute resolution process, shall be
attached to and incorporated in a Project Construction Agreement substantially in the form attached
hereto as Exhibit A(the"Construction Agreement")which is to be signed by the parties prior to
commencement of the Construction Work,
11. The parties intend and agree that the Design Work and the Project Plan in its final form shall conform
to the following requirements:
(a) The Project Plan shall, if requested by the Government Entity in its initial Scope of Work, specify
that the Government Entity shall install the ducts and vaults for the Conversion Project; provided
that(i)the parties mutually agree upon and set forth in the Project Plan (A)the costs of such
installation work to be included in the Cost of Conversion, and (B) the specifications and
standards applicable to such installation work, and (ii) such installation work is accomplished by
the Government Entity in accordance with the applicable design and construction specifications
provided by the Company and set forth in the Project Plan.
(b) Each estimate of the costs to be incurred by a party shall, at a minimum, be broken down by
(i)the design and engineering costs, (ii) property and related costs, including any costs of
obtaining operating rights, and (iii) construction costs, including and listing separately inspection,
labor, materials, and equipment.
(c) All facilities of the Company installed as part of the Conversion Project shall be located, and all
related property and operating rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, The Project Plan shall describe in detail the location of such facilities,
any related property and operating rights required to be obtained, and the relative responsibilities
of the parties with respect thereto.
(d) The schedule set forth in the Project Plan for completing the Construction Work shall include, at a
minimum, milestone time periods for completion of the Trenching, installation of ducts and vaults,
the construction and removal of any Temporary Service, and the removal of overhead facilities.
(a) The Project Plan may include the specification of work and requirements for Government-
Requested Upgrades and Company-Initiated Upgrades; provided, however, that the costs
incurred by the Company with respect to the design and engineering of Companydnitiated
Upgrades shall not be included in the costs reimbursable to the Company under this Agreement
or the Construction Agreement. For purposes of the foregoing, (i) the term"Government-
Requested Upgrade"shall mean any feature of the Underground Distribution System which is
requested by the Government Entity and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced, and (ii) the
term "Company-Initiated Upgrade"shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
Design Agreement, Attachment"A"to Schedule 74, Page 3
City of Kent—Upper Russell Rd Levee South Reach Conversion
12
purposes of subparagraph (ii), above, a"comparable" system shall include, unless the parties
otherwise agree, the number of empty ducts(not to exceed two (2), typically having a diameter of
6"or less)of such diameter and number as may be specified and agreed upon in the final Scope
of Work necessary to replicate the load-carrying capacity(system amperage class) of the
overhead system being replaced. For purposes of subparagraph (i), above, any empty ducts
installed at the request of the Government Entity shall be a Government-Requested Upgrade.
(f) The Project Plan shall set forth all specifications, design standards and other requirements for the
Construction Work and the Conversion Project, including, but not limited to, the following:
(i) applicable federal and state safety and electric codes and standards, (ii) applicable construction
and other standards of the Company, and (iii) applicable street design and other standards of the
Government Entity which are in effect as of the commencement of the Conversion Project.
12. Upon request of the Government Entity, and in any event at the times specified in the Design
Schedule, the Company shall provide periodic reports which compare the actual costs of the Design
Work incurred to that point in time to the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below. Further, if at any time the Company reasonably expects that
the actual cost of the Design Work will exceed the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below, the Company shall notify the Government Entity immediately.
Upon receipt of the Company's notice, the Government Entity may, at its option,
(a) notify the Company in writing that this Agreement is terminated; or
(b) request a reasonably detailed explanation supported by documentation (reasonably satisfactory to
the Govemment Entity) to establish that the actual costs in excess of the Design Cost Estimate
are:
(i) reasonable,
(ii) consistent with the Scope of Work, and
(iii) consistent with sound engineering practices.
If the Government Entity requests an explanation, the Government Entity shall, within ten (10)
business days after receipt of the explanation,
(a) change the Scope of Work in accordance with paragraph 13, below, or
(b) direct the Company to continue with the Design Work without a change in the Scope of Work, but
reserving to the Government Entity the right to dispute the reasonableness of the costs to be paid
the Company under paragraph 14, below, in accordance with the dispute resolution procedures in
paragraph 16, below, or
(c) direct the Company to discontinue performing the Design Work pending resolution, pursuant to
paragraph 16, below, of any dispute regarding the reasonableness of the costs, in which event the
Design Schedule will be adjusted to reflect the delay, or
(d) notify the Company in writing that this Agreement is terminated.
In the event the Government Entity terminates this Agreement or discontinues the performance of the
Design Work under subparagraph (c), above, for more than ninety(90) days, the Government Entity
shall pay the Company for all costs incurred by the Company in its performance of the Design Work
prior to the date the Company receives the Government Entity's notice of termination, plus any costs
incurred by the Company for materials and other items ordered or procured by the Company with the
prior authorization of the Government Entity in order to meet the schedule for the Conversion Project.
The foregoing payment obligation shall survive any termination of this Agreement.
Design Agreement, Attachment"A"to Schedule 74, Page 4
City of Kent— Upper Russell Rd Levee South Reach Conversion
13
1& (a) Either party may, at any time, by written notice thereof to the other party, request changes to the
Scope of Work (a"Request for Change"). No Request for Change shall be effective and binding
upon the parties unless signed by an authorized representative of each party. If any approved
Request for Change would cause an increase in the cost of, or the time required for, the
performance of any part of the Design Work, an equitable adjustment in the Design Cost Estimate
and the Design Schedule shall be made to reflect such increase. The parties shall negotiate in
good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment.
If the parties are unable to agree upon the terms of the equitable adjustment, either party may
submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16,
below. Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually
acceptable equitable adjustment, each party shall, if requested by the other party, proceed with
the Design Work in accordance with the Request for Change. Any such request to proceed must
be accompanied by a written statement setting forth the requesting party's reasons for rejecting
the proposed equitable adjustment of the other party.
(b) The Design Cost Estimate and/or the Design Schedule shall be equitably adjusted from time to
time to reflect any change in the costs or time required to perform the Design Work to the extent
such change is caused by: (i)any Force Majeure Event under paragraph 17, below, (ii) the
discovery of any condition within the Conversion Area which affects the scope, cost, schedule or
other aspect of the Design Work and was not known by or disclosed to the affected party prior to
the date of this Agreement, or(iii) any change or inaccuracy in any assumptions regarding the
scope, cost, schedule or other aspect of the Design Work which are expressly identified by the
parties in the final Scope of Work. Upon the request of either party, the parties will negotiate in
good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment.
If, at any time thereafter, the parties are unable to agree upon the terms of the equitable
adjustment, either party may submit the matter for resolution pursuant to the dispute resolution
provisions in paragraph 16, below.
14. Upon completion of the Design Work (i.e., the date on which the Project Plan is final under
paragraph 10, above, either by mutual agreement of the parties or as established through the dispute
resolution procedures), the Government Entity shall pay the Company all actual, reasonable costs to
the Company for the Design Work(which, if disputed in good faith by the Government Entity, may be
submitted by either party for resolution pursuant to the dispute resolution provisions in paragraph 16,
below), plus any costs incurred by the Company for materials and other items ordered by the
Company with the prior authorization of the Government Entity in order to meet the schedule for the
Conversion Project. If, thereafter, the Construction Agreement is executed by the parties and the
Conversion Project is completed within five (5) years from the date of this Agreement, the full amount
of the costs incurred by the Company in its performance of the Design Work shall be included in the
"Shared Company Costs" under the Construction Agreement and any payment of such amounts
under this Agreement shall be credited to the Government Entity in calculating the"Net Amount"
payable under the Construction Agreement.
15, Within sixty(60) business days after completion of the Design Work, the Company shall issue to the
Government Entity an itemized invoice for the amounts payable under this Agreement. Such invoice
shall be in a form mutually agreed upon by the Company and the Government Entity and shall, at a
minimum, itemize the design and engineering costs, including and listing separately inspection, labor,
materials and equipment. In the event the Government Entity does not verify such invoice within ten
(10) business days of receipt, the Government Entity shall provide a written request to the Company
specifying the additional information needed to verify the invoice. The Company will provide, within a
reasonable period after receipt of any request, such documentation and information as the
Government Entity may reasonably request to verify such invoice. The Government Entity shall pay
the Company all amounts payable under this Agreement within thirty (30) days after receipt of the
Company's invoice. Payment as provided in this Agreement shall be full compensation for the
Company's performance of the Design Work, including without limitation all services rendered and all
materials, supplies, equipment, and incidentals necessary to complete the Design Work.
Design Agreement, Attachment"A" to Schedule 74, Page 5
City of Kent— Upper Russell Rd levee South Reach Conversion
14
16. Dispute Resolution Procedures:
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the parties. A party who wishes dispute resolution shall notify the
other party in writing as to the nature of the dispute. Each party shall appoint a representative
who shall be responsible for representing the party's interests. The representatives shall
exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10)
business days of the date the disagreement was first raised by written notice shall be referred by
the parties' representatives in writing to the senior management of the parties for resolution. In
the event the senior management are unable to resolve the dispute within twenty(20) business
days (or such other period as the parties may agree upon), each party may pursue resolution of
the dispute through other legal means consistent with the terms of this Agreement. All
negotiations pursuant to these procedures for the resolution of disputes shall be confidential and
shall be treated as compromise and settlement negotiations for purposes of the state and federal
rules of evidence.
(b) Any claim or dispute arising hereunder which relates to the Scope of Work, Design Cost
Estimate, and Design Schedule under paragraph 4, above; the Project Plan under paragraph 10,
above; or any Request for Change (including, without limitation, any associated equitable
adjustment) under paragraph 13, above; and is not resolved by senior management within the
time permitted under paragraph 16(a), above, shall be resolved by arbitration in Seattle,
Washington, under the Construction Industry Arbitration Rules of the American Arbitration
Association then in effect. The decision(s)of the arbitrator(s) shall be final, conclusive and
binding upon the Parties. All other disputes shall be resolved by litigation in any court or
governmental agency, as applicable, having jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this paragraph 16, costs of the arbitrator(s), hearing
rooms and other common costs shall be divided equally among the parties. Each party shall
bear the cost and expense of preparing and presenting its own case (including, but not limited to,
its own attorneys'fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of
his or her decision, reimbursement of all or a portion of the prevailing party's costs and expenses
by the other party.
(d) Unless otherwise agreed by the parties in writing, the parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
17. In the event that either party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a"Force Majeure Event"), then that party's
performance shall be excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a party, its contractors or a third
party; or any failure or delay in the performance by the other party, or a third party who is not an
employee, agent or contractor of the party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
18. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the
Company's electric Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities
and Transportation Commission and in effect as of the date of this Agreement.
Design Agreement, Attachment"A"to Schedule 74, Page 6
City of Kent— Upper Russell Rd Levee South Reach Conversion
15
19. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or
hand delivery), delivered in person, or mailed, properly addressed and stamped with the required
postage, to the intended recipient as follows:
If to the Government Entity: City of Kent
400 West Gowe St,
Kent, WA 98032
Attn: Toby Hallock
Fax: 253-856-6500
If to the Company: Puget Sound Energy, Inc.
6905 S. 2281" St.
Kent, WA 98032
Attn: Doug Corbin
Fax: 253-395-6882
Either party may change its address specified in this paragraph by giving the other party notice of such
change in accordance with this paragraph.
20. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the
laws of the State of Washington (without reference to rules governing conflict of laws), except to the
extent such laws may be preempted by the laws of the United States of America.
21. This Agreement constitutes the entire agreement of the parties with respect to the subject matter
hereof and all other agreements and understandings of the Parties, whether written or oral, with
respect to the subject matter of this Agreement are hereby superseded in their entireties.
22. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns,
purchasers, and transferees of the parties, including but not limited to, any entity to which the rights or
obligations of a party are assigned, delegated, or transferred in any corporate reorganization, change
of organization, or purchase or transfer of assets by or to another corporation, partnership,
association, or other business organization or division thereof.
Government Entity: Company:
City of Kent PUGET SOUND ENERGY, INC.
BY BY
ITS ITS Municipal Liaison Manager
Date Signed Date Signed
Approved as to form:
Design Agreement, Attachment"A°to Schedule 74, Page 7
City of Kent—Upper Russell Rd Levee South Reach Conversion
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17
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: October 31, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: November 3, 2014
From: Mark Howlett, P.E., CFM, Design Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Briscoe/Desimone Levee — Amendment to Agreement for Levee
Construction, Operation and Maintenance Briscoe — Desimone
Levee River Mile 14.3 to 17.0, Right Bank
Item - 3
Motion: Recommend Council authorize the Mayor to sign an amendment
to the King County Flood Control District Agreement for the Briscoe
Desimone Levee, subject to final terms and conditions acceptable to the
City Attorney and the Public Works Director.
Summary: In June 2013 the City of Kent entered into an Interlocal Agreement with
the King County Flood Control District for the design, property acquisition and
construction of the Briscoe/Desimone Levee.
Currently, reaches 2 and 3 are under construction and reaches 1 and 4 are in the
final design phase.
During the winter of 2013-14 damage to the Desimone Levee section (Reach 1) was
observed. As a result of this damage, the City expedited preliminary design of this
levee segment and purchased the steel sheet piles that will be installed later this
year. The U.S. Army Corps of Engineers also observed this damage and has
allocated funding for repair of this levee under their emergency repair program (PL
84-99).
As a result of modifications to the levee section proposed by the King County Flood
Control District and the U.S. Army Corps of Engineers, it is necessary to modify the
previously executed Interlocal Agreement to include the purchase of additional
property rights and design/construction changes to accommodate Corps of
Engineers riverbank repairs.
Exhibit: King County Flood Control District, Interlocal Agreement
Budget Impact: Costs for changes made to the project as part of this amendment
will be reimbursed by the King County Flood Control District.
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19
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 1 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 (USACE) 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.
4. The required changes to move the sheet pile wall and accommodate
the USACE's repair project will add additional costs to the Reach 1
Project cost and shall be funded by the District.
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:
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
FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page 1
CONSTRUCTION, OPERATION AND MAINTENANCE
20
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 12.a. of the Agreement shall be amended to read as follows:
a. The total cost to the District of the four Reach Projects is not
expected to exceed $11,000,000, of which the District's maximum contribution
toward the Reach 3 Project shall be $500,000. The District will provide funding, as
the local sponsor, to match USACE PL84-99 funding. Additional costs to design and
construct Reach 1 Levee improvements to accommodate PL84-99 repairs will be
paid by the District.
3. Exhibit B shall be replaced in its entirety with the document attached
to this First Amendment and incorporated by this reference as Exhibit 1.
4. Entire Aareement. 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 WHEREOF, the parties hereto have executed this First
Amendment, which shall take effect on the last date signed below.
CITY: DISTRICT:
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I 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:
FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page 2
CONSTRUCTION, OPERATION AND MAINTENANCE
zi
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page 3
CONSTRUCTION, OPERATION AND MAINTENANCE
zz
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
C:\Users\KCast el\Desktop\Levee Agreement-Brisme-DesimonelstAmendment_KC.doc
FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page 4
CONSTRUCTION, OPERATION AND MAINTENANCE
23
AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE
Briscoe—Desimone Levee
River Mile 14.3 to 17.0, Right Bank
THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND
MAINTENANCE ("Agreement") of the Briscoe—Desimone Levee, River Mile 14.3 to 17.0,
Right Bank ("Levee") is entered into on the last date signed below by and between the Parties,
the CITY OF KENT, a Washington municipal corporation ("City"), and KING COUNTY
FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of
Washington ("District") (collectively, the "Parties").
RECITALS
A. King County, Washington,through the Water and Land Resources Division of the
King County Department of Natural Resources and Parks ("WLRD"), as service provider to the
District pursuant to an interlocal agreement with the District, operates and maintains a major
portion of the Green River Levee System.
B. The Briscoe-Desimone levee ("Levee") is a key part of the Green River levee
system. The District Board of Supervisors desires to improve the Levee by constructing new
floodwalls at four sites, known as Reaches 1, 2, 3 and 4, described and shown in Exhibit A
(Sheet 1 of 4 and Sheet 3 of 4). The four floodwall projects will hereafter be referred to
individually as "Reach "X" Project" or "Reach Project," and collectively as "Levee Project,"
"Levee Reaches," or "Reach Projects." The Levee Project is planned for construction from
2013 through 2015. The Reach 3 Project will be constructed first,beginning in 2013.
C. Based on a collaborative effort, presentation and request to the State Legislature
in the 2012 Legislative Session, the Legislature passed ESHB 6074 reladj)g 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 eras 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 holds, 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.
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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 Ding
County and to work cooperatively with Green River cities to manage flood plain resources. In
this Resolution, the District Board of Supervisors also approved funding for the Levee Project
under certain conditions and requirements to be satisfied by both the City and the District
G. In Resolution FCD2013-02.2, the District Board of Supervisors did not specify a
maximum funding for the Levee Project. During the District Board of Supervisors' discussions
of this Resolution, the City stated that the estimated cost of the Levee Project would be
$17,000,000. The District Board of Supervisors required changes to the design of the Levee
Project floodwalls and called for additional setbacks for the Reach 1 levee. The City also stated
that the required design change would add an additional $1,000,000 to the Reach 1 Project cost,
resulting in a total cost of$18.000,000 for the Levee Project.
H. After adoption of Resolution FCD2013-02.2, the City revised its estimate for
construction of the Levee Project to $18,500,000. The District has not reviewed or analyzed this
City estimate.
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 FCDll-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 semi tication. This Motion
is applicable to the Levee Project, to the extent that the Motion is consistent with Resolution
t,CD2013-01 2.
AGREEMENT
Based upon the foregoing, the Parties agree as follows:
1. haeornoration of Recitals—Sco ep of f reement. 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.
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2. Definition of District. Unless provided otherwise in this Agreement, the term
"District" hereinafter also shall include WLRD in its capacity as service provider to the District.
3. Interlocal Agreement with Tukwila. The City of Kent shall enter into an
agreement with the City of Tukwila to act as lead agency for all work within the City of Tukwila.
4. Levee Design, Construction and Reimbursement.
a. The City shall design, construct and install the improvements to the Levee Project
and the four Reach Projects described and depicted on Exhibit A,, attached hereto and
incorporated herein by reference in accordance with this Agreement, the DOE Agreement", and
District Resolution FCD2013-02.2 ("Resolution") (the Resolution is attached as Exhibit B,
which is incorporated herein by reference), as supplemented by the terms and conditions of
Attachment A to Exhibit B, attached hereto and incorporated herein by reference. By executing
this Agreement,the Parties acknowledge receipt and review of the DOE Agreement.
b. The City shall obtain and be responsible for all necessary local, state, and federal
permits and approvals for the Levee Project, and shall fully comply with all applicable
requirements and conditions thereof.
C. The Parties acknowledge and understand that at the effective date of this
Agreement, most but not all of the estimated cost of the Levee Project is included in the
District's 2013-2018 Six-Year CIP, most but not all of the estimated cost of the Reach 3 Project
is included in the District's 2013 Budget, and the estimated cost of the Reach 1, 2 and 4 Projects
is anticipated to be included in the District's budgets for 2014 and thereafter. The District's
obligation and responsibility to provide funding for the Levee Project, including all four Reach
Projects, is conditioned upon appropriation by the District Board of Supervisors of sufficient
funds to finance the Levee Project and the four Reach Projects, including the Reach 3 Project in
the 2013 and 2014 calendar years. if the District Board of Supervisors fails to appropriate
expenditures in a District budget to reimburse the City for costs and expenses related to the
Levee Project or any of the four Reach Projects, the District reserves the right to terminate this
Agreement, and the City shall immediately terminate Nvork 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 reirnbursci"neirt Utz to dic, anionn' orb f rods, appropriated in an
approved District budget and still available for reiraburscmcut under the DO F 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 i 3 below.
C. The City shall obtain and convey to the District or King County any necessary
casements for design or construction of or access to he 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 I 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 Ding County all restrictive covenants as required by the
DOE Agreement for the Reach 3 Project, and as required by other state of Washington
Department of Ecology agreements that provide funding for the other Reach Projects.
5. Levee Maintenance, Operation and Repair Standards. The District shall operate,
maintain and repair the Levees in accordance with this Agreement, which includes Exhibit C,
attached hereto and incorporated herein by reference, and with District general standards,
requirements and policies for operation, maintenance and repair of Green River levees, as these
are determined and applied by the District,provided that:
a. The District shall not be obligated to operate, maintain and repair a Levee if
FEMA does not approve a risk-based approach to operation, maintenance and repair of the
Levee; and
b. If the total cost of Levee operation, repair, and maintenance in the project area
shown on Exhibit A exceeds the sum of average annual costs for the Green River levee system
over the number of years this agreement has been effective, the City shall cover all costs and
expenses in excess of the average. For this purpose, the average annual cost is $95,000 per levee
mile per year in 2013, to be adjusted for inflation each year thereafter. The District will provide
the City with an annual report of operation, repair, and maintenance costs incurred in the project
area.
6. District Review of Levee Plans and CLOMR Apnlieations. 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 io,
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 corrm]ent. For all Levee Reaches,
at least 'thirty (30) days before advertising an invitation to bid, the City shall submit to the
D1Str1ct for, reVrPtt/ ri72d epmYilen`L Il"iP, l)lana, spF:{',lriCatloi S and 'erjLvlen'ientS 4 11]2 invitation t0
bid and the application (with] attachments and exhibits) liar a FEI:to Conditional Letter of Map
Revision ("CLORIR"). The District shall submit any comments within thirty (30) days of receipt
of the documents.
7. Additional Activities. The District will provide rnlYanced monitoring of the
Levee through slope stability instrurnent<ation, and the District may seek rein"oursement of the
cost of such monitoring from State of Washington finding.
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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 Mork. Upon execution of a. contract for construction of a
Reach Project, the City shall send a copy of the contract to the District.
10, Record Drawings: Retention and Review of Documents. The City shall submit to
the District record drawings for each Reach Project, in a form and with detail required by the
District. The City agrees to maintain documentation of all planning, design, construction and
inspection of all Reach Projects sufficient to meet state audit standards for a capital project,
recognizing that the costs of the Levee work are paid for in whole or in part by City, District and
State of Washington funding sources, and that the City, the District and/or King County may
seek recovery of costs expended from other governmental funding sources. The City agrees to
maintain any additional documentation that is requested by the District. City contracts and
internal documents shall be made available to the District for review and/or independent audit
upon request.
11. Access; Special Use Permit. To the extent that the District's or King County's
property interests require and allow, the City shall follow the District and/or King County
processes for obtaining, as applicable, special use permits, consistent with King County special
use permit procedures and standards, and shall obtain such permits for any City access to and
construction and inspection work on the Levee, The District shall waive any applicable bond
requirements. If Levee Project work involves access to and use of real property for which
neither the District nor King County has real property interests or rights, the City shall be
responsible for obtaining real property rights sufficient for City access to and construction and
inspection of such Levee Project work, and District and WLRD access to and maintenance,
operation and repair of the Levee.
12. District Costs and Expenses.
a. The total cost to the District of the four Reach Projects shall not exceed
$1.1,000,000, of which the District's maximum cortributiori toward the Reach 3 Project shall be
$500,000.
b. For the Reach 3 Project, the District shall seek reimbursement from the State of
W-,ishu'gjori flu--d71-g nndcT [lie DOE AgrC.eoirrn or (roi-n the ii7si i„S , 5llaxir o,n coitribution of
$500,000 toward [lie Reach 3 Project. The District rei bursemeni shall be for all actual costs
and expenses itncuried 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.
e. For Reach Projects 1, 2 and 4, the District shall seek reimbursement frorn 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.
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 fiords to the City. For requests that are not
reimbursable and payable under the DOE Agreement, the District shall endeavor to review such
requests within thirty (30) days of receipt of the request, in order to determine whether they are
reimbursable and payable under this Agreement. Any approved additional reimbursement shall
not exceed a total of$500,000, less any funds paid to the District under this Section 13, without
prior authorization from the District. If there are funds remaining from the DOE grant
subsequent to construction, the District shall submit a request to DOE to utilize those funds on
Reaches 1, 2, and/or 4. The District shall forward the approved reimbursement to the City within
forty-five (45) days of the City request.
C. For Reach Projects 1, 2 and 4, the District shall review the requests to determine
whether they are reimbursable and payable under this Agreemeni. 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 atiy funds paid to the District under
Section 12.c., ,A Iithout prior authorization f om the Distel M.
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
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
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 Ding 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 Lncumbrances. 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 placod, King County and the District shall have the aught to
remove such lien and charge back the costs of such rernoval'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 Lind, 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, 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, wider 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 inderimitor's employees. This waiver has been mutually
negotiated.
21. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional
excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the
other Party with a certificate of insurance and additional insured endorsement that will name the
other Party as an additional insured.
22. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements or payments, as provided for in
paragraph 13 above, submittal of all relevant infou-nation and data to an independent Certified
fubhc RGccum`ant and/or a Construction Claims Cousultant, if agreed upon by 'tile Parties, for a.
non-bir=cling opinion as to the responsibility.
b. if the foregoing does not result in resolution and for all other disputes, the Parties
may mutually select wo, informal means of resolution and resort will otherwise be had to the
Superior Court for King County, Washington.
c. Each Panty will be responsible for its ovan costs and atiorney'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.
24. Binding Nature. The rights and duties contained in this Agreement shall inure to
the benefit of and are binding upon the Parties and their respective successors in interest and
assigns.
25. Notices. Communications and Documents. All communications and documents
regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party
gives notice of a change of address. Any written notice hereunder shall become effective three
(3) business days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the address state below or such other addresses as may be hereinafter
specified in writing.
26. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WI3EREOF, the parties have executed this Agreement, which shall
become effective on the last date signed below.
CITY OF KEENT KING COUNTY FLOOD CONTROL
ZONE DIST114tiCT
,�'. 1
By: f By: ' g
S 7et Cooke
Its. 1 � Its: Board Chair
DATE: DATE: r'
l
APPROVED A;S TO i^(),I L: APPROVED AS TG 1'01 1VI:
'
By:
6tyAtwiney Legal Counsel
9
EC approved. (RR-R.K)
32
EXHIBIT A Sheet 1 of 4
Description of Briscoe-Desimone Levee Improvements
The Briscoe-Desimone Levee is located along the right bank (easterly side) of the Green River
between S. 2001h Street and S. 180"' 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. 2001h Street and S. 189th
Street within the City of Kent. The Desimone levee is located along the right bank of the Green
River between S. 189`h Street and S 1801h Street in the City of Tukwila. Together these levee
segments are approximately 2.7 miles in length and protect properties within the cities of Kent,
Tukwila and Renton. Tilt-up style buildings (manufacturing and industrial) are located adjacent
to the entire stretch of levee.
Four sections (reaches) of the levee, approximately 4,450 linear feet, don't meet slope and
stability requirements and need repair to meet FEMA accreditation requirements. Reach 1 is
located between RM 14.47 and 14.63 and totals 1,050 If. Reach 2 is located between RM 15.45
and 15.57 and totals 9501f. Reach 3 is between RM 15.98 and 16.36, totaling 2,350 If, and
Reach 4 is between RM 16.95 and 17.00 and totals 2001f. Reaches 1, 2 and 3 are on the outside
of sharp bends in the river and Reach 4 is just north of the S. 2001h Street Bridge. Structural steel
sheet pile walls are proposed to be installed at the back of the existing levee slope to act as a
secondary levee to reduce flood risk to the cities of Kent, Tukwila and Renton and protect the
large number of warehouses,manufacturing facilities and some retail establishments behind
these levees. These areas are shown on Figure 2, Reach Location Map (see Exhibit A Sheet 3 of
4). In addition, large stumps and roots will be removed in areas between the four reaches along
the levee where they could compromise levee stability and/or are in the construction project area.
The walls will provide a minimum of 3 feet of freeboard above the predicted 100-year flood
event, (see artist rendering Exhibit A Sheet 4 of 4). This proposal allows for some re-vegetation
and habitat restoration work along the river between the ordinary high water line and the trail in
areas where the wall is constructed. In areas where walls are installed, benches will be
constructed v✓here feasible and native vegetation will be planted above the ordinary high water
line.
10
EC approved (R&-RK)
33
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VV 3'6 4
KING COUNTY 1200 King Cowry Courthouse
516 Third Avenue
Senttle,WA 98104
Signature Report
Kin L29 g County
February 26, 2013
FGD Resolution
Proposed No.PCD2013-02.2 Sponsors
1 A RESOLUTION relating to the Briscoe-Desimone levee on the
2 Green River; initiating a comprehensive planning process and
3 providing funding for the Briscoe-Desimone levee project on
4 certain conditions.
5 WHEREAS,public safety is the highest priority for the allocation of King
6 County Flood Control Zone District("District")funds; and
7 WHEREAS,the District seeks to address urgent flood risk reduction needs
S throughout King Comity; and
9 WHEREAS,the Green River valley is home to over 100,000 jobs,contains one
10 of the largest warehouse and distribution complexes in the nation,has an annual payroll
11 of$2.8 billion(one-eighth of the gross domestic product of the state of Washington) and
12 accounts for annual taxable revenue of over$8 billion; and
19 VdIIEP.EAS,Policy 0-13 of the 2006 King County Flood Hazard Management
_t4 Plan, which has been adopted by the District as its comprehensive plan("District's
15 Comprehensive Flan"), states that King County and thr cities and towns thefein should
16 work cooperatively to manage floodplaiin resources; and
17 WHEREAS,Policy 6-4 of the District's Comprehensive Flan states that icing
IS County's rivers and tributaries and their associated floodplains should be managed for
19 multiple, and sometimes competing, uses and objectives; and
5.
37
FCD Resolution
20 WHEREAS,the Briscoe-Desimone levee on the Green River is located between
21 South 180th Street and South 200th Street in the cities of Kent and Tukwila("Briscoe-
22 Desimone Levee");and
23 WHEREAS, in 2012 the Washington state legislature awarded to the District a
24 grant of$7 million for the Briscoe-Desimone Levee project; and
25 WHEREAS,the District hired an expert third party("Third-Party Reviewer")to
26 review two alternative designs for the Briscoe-Desimone Levee improvements;and
27 WHEREAS,the Third-Party Reviewer has expertise in analyzing the stability of
28 I-walls and levees,and served on national independent review panels for levee failures in
29 the state of Louisiana following Hurricane Katrina and on review panels for the
30 Sacramento-San Joaquin Delta in California;and
31 WHEREAS,on January 29,2013,the Third-Party Reviewer submitted to the
32 District a report of his analysis and findings;entitled"Expert Engineering Independent
33 Third-Party Review,Briscoe-Desimone Levee Design,Green River Basin, State of
34 Washington"("Report"); and
35 WHEREAS, on January 23 and February 7,2013,the Third-Party Reviewer gave
36 a presentation of his analysis and findings to the District executive comminee, which
37 considered the presentation,the Report and cor_nments from the public, including
38 conisnents by Ting County,the city of Kent, and interested organizations; and
39 WHEREAS, based on the District's Comprehensive Plan,the Report, and
40 reports, information and data prepared by District staff,consultants and contractors, the
41 Board of Supervisors ofthe District desires to select one of the two alternative designs
2
38
FCD Resolution
42 for the Briscoe-Desimone Levee improvements and to authorize Funding for the Briscoe-
43 Desimone levee; now,therefore
44 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING
45 COUNTY FLOOD CONTROL ZONE DISTRICT:
446 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
49 scope,anticipated staff time and estimated costs.Issues to be studied should include, but
50 are not limited to,the following:
51 A. Safety and levee heights;
2 B. Economic objectives;
53 C. Environmental objectives;
54 D. Howard Hanson Dam risk assessment;
55 E. Land use;
S6 F. Operations and maintenance;and
57 G. FEMA levee accreditation.
,8 SCTION 2. The District will execute a Pant agreematf with the sTmte o
SS Washington for the$7 million grant award for Lie'Brisco:_Desimone leyee project as
60 soon as possible.
61 SECTION 3. The District will provide fending for the.Briscoe-Desimone
Lf levee project designed using setback levees that are retained by walls ou the landward
— 3
39
FCD Resolution
63 side at the four outside bends of Green River between South 200th and South 180th
64 Streets in the Cities of Kent and Tukwila and incorporating the conditions and
65 responsibilities of this Resolution.
66 SECTION 4. For the Briscoe-Desimone levee project, the District supports the
67 use of setback levees that are retained by walls on the landward side.The following
68 conditions must be met:
69 A. The design and installation of the Briscoe Desimone levee project shall be
70 consistent with applicable state and federal regulations and standards,including but not
71 limited to the state Shoreline Management Act,the federal Clean Water Act,and state
72 water quality standards,and shall receive all necessary local,state,and federal permits.
73 B. The top of the setback levee retaining wall shall be consistent with the height
74 of the adjoining levee sections.
75 C. The city of Kent's("City")responsibilities and conditions in relation to the
76 Briscoe-Desimone levee project are as follows:
77 1. The City, or its engineering consultants, shall submit to the District a
78 plan to provide for resiliency of the landside levee and wall in the event of overtopping.
79 The plan should include identification of the areas that are most susceptible to e-rosion,
80 such as the base walls and valleys on the landside slopes of Briscoe-Desimone Levee at
81 the bends.
82 2. The City shall reduce and mitigate the potential for erosion. The City,
83 or its engineering consultants, shah identify permanent or temporary strategies to
84 minimize ea osion in these locations of potential erosion.
4
40
FCD Resolution
85 3. If the City uses temporary erosion control measures, such as
86 sandbags,the City must commit to paying for and having on hand the materials and
87 necessary equipment to install the temporary measures in the event of over-topping.
88 4. Whore the bases of the walls encroach on private property and the
89 erosion forces are more significant,the City shall obtain any necessary easements for
90 design or construction of or access to the Briscoe-Desimone levee.
91 5. The City shall move the setback wall back from the toe of the existing
92 levee in the northernmost setback segment near the West Valley Highway,consistent
93 with the alternative of the GET report prepared for the City and dated 2012.
94 6. Prior to release of District funds for the Briscoe-Desimone levee
95 project,the City shall provide to the District a plan to address potential corrosion of the
96 sheet pile walls.This plan must include options for addressing potential corrosion.
97 7. The City shall enter into an agreement with the Washington State
98 Department of"Transportation related to the West Valley Highway and its role as a levee.
99 8, The City shall permit, design,and construct replacement of the trail to
100 ineet King County Parks regional trail standards.
101 9. Any contracts between th(-City and any consultants, ongineers, contractors or
102 othar design or construction entities(collectively, "cone auo:s") shall include provisions whereby
-03 the City and its contractors name the King County Flood Control Zone District and Ming County
IN as additional insureds. All such contracts shall provide insurance coverage to the King County
105 Flood Control Zone District and to King County, consistent with King County's guidelines and
106 requirements for insurance for similar contracts.
41
FCD Resolution
107 10. The City and King County shall provide a monthly written report to the
108 Executive Committee on the first day of each month regarding implementation of the Briscoe-
109 Desimone levee project including any regulatory requirements that may impact the budget,
110 schedule,design,construction and/or maintenance.
111 11. The City shall cover the costs of any maintenance for the project in excess of
112 the avenge 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:
116 1. King County shall include inspection of the 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. Ding County sha11 prepare a plan to ensure that materials and
124 equipment for emergency repairs to the Briscoe-Desimone levee are available in as
125 ti uely a manner as possible.
126 4. King County and the City shall provide a monthly written report to the
127 executive committee on the first day of each month regarding implementation of the Briscoe-
128 Desimone levee project including any regulatory requirements that may impact the budget,
1.29 schedule, design,construction,and/or maintenance.
6
FCD Resolution 42
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.
133 SECTION 5. The District shall provide finding 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 SEC ffQN 6. The District will ensure that public safety plans are in place,
137 including annual outreach to residents and workers along the Green River,as well as
138 other basins in King County. The District will make these plans a priority in the
139 District's 2014 budget.
140 SECTION 7. The District will encourage all businesses and residents in low-
141 lying areas near rivers,regardless of levee accreditation,to purchase flood insurance.
142 SECTION 8. The conditions along the South 200th Street to South I80th Street South
143 corridor in the cities of Kent and Tukwila represent a unique set of circumstances in King
144 County. The approval of the use of flood walls in this location does not set a precedent for their
145 use in other parts ofthe 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�.vhh King Countty to
148 develop a funding strategy for consideration by the Distcci using boat' financing M ac olerate
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 suability of the Flood Control District,the ability to
152 commit Flood District revenue to pay necessary debt service over the life of the bond,the
7
43
FCD Resolution
153 preservation of capacity to provide for ongoing maintenance,and the maintenance of adequate
154 reserves to respond to flood emergencies.
155
FCD Resolution was introduced on and passed as amended by the Ding County Flood
Control District on 2/26/2013, by the following vote;
Yes; 3 -Mr. Phillips; Mr. von Reichbauer,Mr. Gossett,Ms. Hague,
Ms. Patterson, Mr. Dunn, Mr.McDermott and Mr.Dembowski
No: 0
Excused: 1 -Ms. Lambert
ICING COUNTY FLOOD CONTROL ZONE
DISTRICT
KING COU "' ,WASHINGTON
Reagan Dunn,Chair
ATTEST:
]j
Anne Noris,Clank of the District
A fa-hmo�-*;None
8 _._
44
ATTACHMENT A TO EXHIBIT B
SUPPLEMENTAL TERMS AND CONDITIONS—RESOLUTION 2012-02.2
1. The top of the setback levee retaining wall shall be consistent with the height of the
adjoining levee sections, except as is appropriate for safety of cyclists, pedestrians and
others using the trail along the top of the wall. Transitions at the ends of each wall shall
provide for trail user safety and for levee erosion resistance from overtopping flows that
might be concentrated around the ends of the wall and around the ends of trail user
protection measures.
2. The City, or its engineering consultants, shall submit to the District a plan to provide for
resiliency of the landside levee and wall in the event of overtopping. The plan shall
include identification of the areas that are most susceptible to erosion, and shall propose
appropriate protection measures for each of those areas. The City shall submit the plan as
a recommendation for consideration and approval by the District in the Levee
construction plan review process.
3. The City shall reduce and mitigate the potential for erosion. The City, or its engineering
consultants, shall identify permanent or temporary strategies to minimize erosion in
locations of potential erosion. The City shall submit these strategies as recommendations
for consideration and approval by the District in the Levee construction plan review
process.
4. If the City strategy to minimize erosion in the event of overtopping relies upon temporary
erosion control measures such as sandbags, the City must commit to paying for and
having on hand the materials and equipment, and access to sufficient labor, to install all
temporary measures in preparation fon' overtopping. The City shall prepare a plan that
describes the temporary measures, the staging of material and equipment, sources of
labor, estimatcd time for installation, and specific river conditions that will trigger
instillation. This plan must be submitted for consideration and approval by the District
in the Levee construction plan review process. The City must also p_repare before October
1 each year by staging all necessary materials and equipment speciliied in the plan. The
City must fully install all such temporary measures immediately upon recognstion 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 (R&RIO
45
5. The City shall move the setback wall back from the landward toe of the existing levee in
the northernmost setback segment near the West Valley Highway, consistent with the
alternate alignment described by GEI Consultants, Inc., in section 8.3.2.5 of its April,
2012 draft FEMA Accreditation Report for the Briscoe-Desimone Levee System.
6. The plan to address potential corrosion of the sheet pile walls shall be submitted for
consideration and approval by the District in the Levee construction plan review process.
7. The agreement with the Washington State Department of Transportation shall be
approved by the District prior to the release of State or District funds for Reach I of the
Levee.
8. To assist in implementing the District plan for emergency repairs, the City shall provide
project design information and emergency planning recommendations of observations,
physical measurements, tolerances, thresholds, and considerations for the District's
inspection and risk-based decision-making as appropriate for emergency plans associated
with the Levee design, The City will provide this information to the District by August 1,
2014,
9. The City shall permit, design, and construct replacement of the trail to meet King County
Parks regional trail standards. The City shall submit plans to King County Parks for
review coincident with District plan review at each design phase.
16
EC approved (R3-FK)
46
EXHIBIT C
Levee Inspection,Maintenanec, O eration and Repair
1. The Levee shall be maintained and operated consistent with the District's Flood Hazard
Management Plan Policy PROJ-6, Flood Protection Facility Design and Maintenance
Objectives (or its successor)which states as follows:
"[The District] should construct new flood protection facilities and maintain,
repair or replace existing flood protection facilities in such a way as to:
® Require minimal maintenance over the long tern,
• Ensure that flood or channel migration risks are not transferred to other
sites,
® Protect or enhance aquatic,riparian and other critical habitats, and
• Protect or enhance multiple beneficial uses of flood hazard area."
2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a
risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a
CLOMR or LOMR for the Levee, the District shall not be obligated to operate and
maintain the Levee.
3. The upper 1/3 of the riverward slope above the OHWM may be mowed and maintained
in grass cover.
4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all
times, including access by heavy construction equipment and earth-hauling machinery.
S. The landward Levee slope may be mowed and maintained in grass cover.
6. The 16-foot maintenance access and inspection area long the landward Levee toe may
be mowed and maintained in grass cover.
1. All such mowed areas may alternatively be planted and rn_intairred with native riparian
woody vegetation.
8, Upon acceptance of completed Levee construction by the District, the Levee, as
consu'ueted 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 (H-RIK)
47
fall rains and seasonal high flows, and during and immediately following flood events at
Phase I11 (9,000 cfs) or greater.
9. All structural features of the Levee shall be inspected by the District for deterioration or
damage, including the presence of any slope erosion, washouts, slumping, slides, or
sloughing, and any conditions noted shall be included in prioritization of District and/or
King County maintenance and repair needs, and in performance of maintenance and
repair actions at the earliest appropriate opportunity.
10. All vegetation on the levee slopes, benches, or along the lower embankment shall be
inspected by the District for erosion of the riverward embankment in the root zone, and
appropriate corrective action shall be taken where such conditions may be present.
11. The District and/or King County shall perform continuing levee patrols during all Phase
III or greater flood events.
12. Damaged or impaired Levee conditions observed by the District during flood patrols shall
be evaluated for emergency repair actions.
13. Any emergency repairs performed will be inspected by the District at the next low-water
period for evaluation of permanent repair needs or additional measures required to restore
the function and integrity of all affected locations.
14. The District and/or King County shall prioritize repairs consistent with the adopted
policies of the District's Flood Hazard Management Plan, or its successor.
15. The City shall be responsible for all local drainage inspections and maintenance. 'The
District and King County shall not assume any responsibility for stormwater management
activities.
1g
EC approved (N-RK)
48
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49
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: October 31, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: November 3, 2014
From: Toby Hallock, P.E., Environmental Engineer
Through: Chad Bieren, P.E., City Engineer
Subject: Boeing Levee Ecosystem Restoration Project- Interlocal
Agreement with the King County Flood Control District
Item - 4
Motion: Recommend Council authorize the Mayor to sign the Interlocal
Agreement with the King County Flood Control District for the Boeing Levee
Ecosystem Restoration Project subject to final terms and conditions
acceptable to the City Attorney and the Public Works Director.
Summary: On June 8, 2012, the City entered into a Design Agreement with the US
Army Corps of Engineers (Corps) for the Boeing Levee Ecosystem Restoration
Project (ERP). This agreement was to design an ecosystem project between S 200th
Street and S 212th Street on the right bank of the Green River (looking
downstream). This project restores habitat, reduces flood risk, and provides
recreational value.
On June 14, 2014, the Public Works Committee recommended Council authorize the
Mayor to sign a Project Partnership Agreement with the Corps that was subject to
execution of an Interlocal Agreement with the King County Flood Control District
(District).
The Interlocal Agreement (ILA) will allow the City to move ahead with the Project
Partnership Agreement and then with construction using budgeted funds from the
District. The ILA explains the responsibilities of both the District and the City for the
Boeing Levee ERP. The City has signed similar ILAs with the District for levee
projects such as Briscoe/Desimone, Russell Road Upper and Hawley Road.
Exhibit: Agreement for Boeing Levee Ecosystem Restoration Project
Budget Impact: None. By entering an Interlocal Agreement with the King County
Flood Control District, the City will be reimbursed $3,539,762 towards the local
share of the construction of the project.
50
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51
AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE
Boeing Levee USACE Height Increase and Ecosystem Restoration Project
River Mile 17.09 to 17.85, Right Bank
THIS AGREEMENT for the construction, operation and maintenance of the Boeing
Levee height increase project and the Boeing Levee USACE ecosystem restoration
project("Agreement") 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 District Board of Supervisors desires to improve the right bank of the Green
River, from River Mile 17.09 to 17.85 by constructing (1) a levee improvement project to
increase the height of the levee to achieve the Lower Green River System-wide Improvement
Framework's provisional flood protection goal of 500-year, or 18,800 cfs, plus three feet of
freeboard, and (2) an ecosystem restoration project described in Exhibit A, which generally
consists of re-vegetation and habitat restoration work along this portion of the Green River
(collectively, the "Project"). The Project is part of a plan to reduce flood risk to regionally
significant economic assets in the City and in the Lower Green River Valley, restore critical
salmon habitat for listed Chinook and other salmon species, and support recreational
opportunities for the community along the River and its shoreline environment. The Project is
planned for construction from 2015 through 2016.
C. The District desires for the US Army Corps of Engineers ("USACE" or "Corps"),
in cooperation with the City, to construct the Project as soon as possible, in order to increase
flood protection and improve embankment stability, improve salmon and wildlife habitat, and
preserve recreational opportunities.
D. By Resolution FCD 2013-14.3, as amended by Resolution FCD 2014-
08("Resolution"), the District Board of Supervisors determined that the flood control
improvements included in the Resolution generally contribute to the objectives of the District's
1
Boeing Levee USACE Height Increase and Ecosystem Restoration Project (Kent) 10-31-14 version
52
comprehensive plan of development. hi the Resolution, the District Board of Supervisors also
approved funding for the Project.
F. The Parties desire to enter into this Agreement to establish the terms and
conditions for the Project.
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 the Project.
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. Dew, Construction and Reimbursement.
a. The Parties acknowledge that the United States Army Corps of Engineers —
Seattle District("Corps") will design, construct and install the improvements, items and facilities
described in Exhibit A, attached hereto and incorporated herein by reference ("Project").
b. The City or the Corps shall obtain and be responsible for all necessary local, state,
and federal permits and approvals for the 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 funding for the Project is included in the District's 2014-2019 Six-Year CIP. If the
Board of Supervisors of the District fails to appropriate funds for the Project in any annual
District budget, the District reserves the right to terminate this Agreement, and if the District
does so, the City shall direct the Corps to terminate work immediately on the Project; 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.
d. The City's cost and expense for the Project shall be reimbursed pursuant to the
procedures, requirements and restrictions of the Reimbursement of City Expenditures paragraph
below.
e. The Project area currently includes a river protection easement to King County.
The City shall obtain and convey to the District or King County, as determined by the District or
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King County, all necessary easements or property for design, construction or installation of or
access to the Project, using either the form of the standard River Protection Easement in
Reference 8P to the King County Surface Water Design Manual, which includes an amendment
that allows the City to proceed with any vegetation management work necessary for public safety
consistent with Exhibit B, or a different form developed by the District or King County for this
Project, as determined by the District or King County.
4. Levee Inspection, Maintenance, Operation and Repair Standards. The District
and the City shall inspect, operate, maintain and repair the Project in accordance with this
Agreement, which includes Exhibit B, attached hereto and incorporated herein by reference, an
Operation and Maintenance Manual for the Project that is approved by the District, and District
general standards, requirements and policies for operation, maintenance and repair of Green
River levees, as adopted or applied by the District.
5. District Review of Plans. The City shall provide to the District a schedule of the
Corps' material and significant events and actions for the design and bidding of the Project,
which events and actions shall include, but not be limited to, sixty-five percent (65%), ninety-
five percent (95%) and one hundred percent )100%) design stages and the invitation to bid. At
least twenty-one (21) days prior to final approval by the Corps of plans and specifications for
each of the three design stages, the City shall submit its most recent draft plans and
specifications to the District for review and comment. At least twenty-one (21) days prior to
issuance of the invitation to bid for the Project, or any part thereof, the City shall submit its most
recent draft invitation to bid, including the plans, specifications and requirements of the
invitation to bid, to the District for review and comment. The District may submit to the City
any comments or concerns regarding the draft plans and specifications for a design stage, and
draft plans, specifications and requirements for an invitation to bid. Upon receipt, the City shall
submit the District comments and concerns to the Corps, and shall request the Corps to discuss
the comments and concerns with the District as soon as possible, but prior to issuance or
finalization of a document, as allowed within the Corps process.
6. District Inspections. The District shall have the right to inspect construction of
the Project.
7. Contract for Project Work. The City shall request the Corps to send to the
District upon execution all contracts for design, installation, construction, inspection and
monitoring of the Project, or any part thereof, and if the Corps fails to send such contracts to the
District in a timely manner,the City shall send such contracts to the District in a timely manner.
8. 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 work with the Corps to maintain documentation of all planning, design,
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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 work with the Corps to maintain any additional documentation
that is requested by the District. The City shall work with the Corps to provide contracts and
internal documents to the District for review and/or independent audit upon request.
9. 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 any necessary 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 or King County shall waive any
applicable bond requirements. If Project work involves access to and use of real property for
which neither the District nor King County has real property interests or rights, the City shall be
responsible for obtaining real property rights sufficient for City access to and construction and
inspection of the Project work, and District and WLRD access to and maintenance, operation and
repair of the Project work, improvements and facilities.
10. District Costs and Expenses. The total cost to the District for the Project shall
not exceed $3,539,762 without prior authorization of the District.
11. 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 November 12, 2013 for design, construction,
installation, inspection, and monitoring of the Project. The requests shall be in a form and shall
contain information and data as is required by the District.
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 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 20 below. After resolution of the
dispute, the District shall provide reimbursement as provided in this paragraph 11.
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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.
12. Project Warranty. Under Negotiation, 10/31/14 tl,
13. Compliance with Laws and Regulations. The City and the Corps shall be
responsible for compliance with all applicable laws and regulations, and obtaining all required
permits, approvals and licenses in connection with the Project.
14. Impact on Other Reaches or Segments. The District and the City agree that the
Project improvements, items and facilities shall not have a detrimental effect on other segments
or reaches of the Green River levee system. The Project improvements, items and facilities shall
be deemed not to have such a detrimental effect where they 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. It is understood by the District and
the City that there may be a backwater effect of the Project improvements, items and facilities in
that the hydraulic modeling results show a small rise in floodway and floodplain water surface
elevations in areas within an 800 foot segment of the Project.
15. 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 Project warranty of
paragraph 12 expires.
16 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.
17. 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 Project 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.
18. 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
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or damages to property, arising out of, or as a consequence of, the design, construction and
installation of the Project improvements, items and facilities under this Agreement. As to all
other obligations under this Agreement, to the maximum extent permitted by law, each Party
shall defend, indemnify and hold harmless the other Party, and all of its officials, employees,
principals and agents, from any and all claims, demands, suits, actions, fines, penalties and
liability of any kind, including injuries to persons or damages to property, arising out of or
relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors,
agents, employees and representatives in performing these obligations under this Agreement.
However, if any such damages and injuries to persons or property are caused by or result from
the concurrent negligence of the District or its contractors, employees, agents, or representatives,
and the City or its contractor or employees, agents, or representatives, each Party's obligation
hereunder applies only to the extent of the negligence of such Party or its contractor or
employees, agents, or representatives. This indemnification provision shall not be construed as
waiving any immunity granted to the City, the District, or King County, under state statute,
including chapters 86.12 and 86.15 RCW, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of
each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party
only, and only to the extent necessary to provide the indemnified Party with a full and complete
indemnity of claims made by the indemnitor's employees. This waiver has been mutually
negotiated.
19. 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.
20. 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 11 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.
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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 20.
21. Trail Design. If any impacts to the Green River Trail occur during construction
and installation of the Project, the City shall work with the Corps to design and construct and
obtain permits for fixing or replacing the Trail to meet King County Parks regional trail
standards.
22. Entire Agreement: Amendment. This Agreement, together with its Exhibits A
and B, 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.
23. 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.
24. 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 time 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
mailed as provided herein, such shall be deemed given three (3) business days after the deposit
thereof in the United States Mail. If such notice is sent by facsimile transmission, it shall be
deemed given at the time of the sender's receipt of electronic confirmation. Each such notice
shall be deemed given only if properly addressed to the Party to whom such notice is to be given
as follows:
To City: Phone: ( )
Email:
Fax: ( )
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To District
Phone: ( )
Email:
Fax: ( )
Any Party may change its address for the purpose of receiving notices as herein provided by a
written notice given in the manner aforesaid to the other Party.
25. 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
By: By:
Suzette Cooke Reagan Dunn
Its: Mayor Its: Board Chair
DATE: DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney Legal Counsel
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EXHIBIT A
Description of the Boeing Levee USACE Height Increase and Ecosystem Restoration
Project
General Description
The Project is located on City property, deeded to the City for recreation and open space
purposes. The Project is located on the right bank(easterly side) of the Green River between
River Mile 17.09 and 17.85, which is approximately from South 200th Street on the north end, to
South 212th Street which is near the south limits of the Project(see Figure 1). The Project area is
located just south of Three Friends Fishing Hole Park and includes Boeing Rock Park.
The Project is multi-objective in scope and will reduce flood risk, provide environmental habitat
restoration, and preserve the recreational interest for the community. Successful completion of
this key partnership Project between the Corps, the District, and the City will benefit the region
and local community.
Description of Levee Height Increase Part of Project
The existing setback levee in the Project area protects industrial, manufacturing, and commercial
business properties within the cities of Kent, Tukwila and Renton. It is approximately 4,500
linear feet in length, was constructed in 2000 and was improved in 2012-13 to meet FEMA
accreditation standards. The levee height increase part of this Project will increase the height of
the setback levee to achieve 18,800 cfs, plus three feet of freeboard protection.
Description of Ecosystem Restoration Part of Project
The ecosystem restoration part of the Project will consist of re-vegetation and habitat restoration
work along the Green River, on embankment, in upland areas along an existing trail, and in areas
where the levee is currently constructed. The Project improvements, items and facilities include:
• Extensive riparian plantings to provide a vegetative armoring of the River embankment
and to shade the River to reduce in-water temperatures.
• Excavation of alcoves to widen the River channel to create additional flood storage and
conveyance, and to provide salmon habitat.
• Installation of large woody debris along the River's edge to protect the alcove areas and
to provide habitat for salmon and other wildlife.
• Provision of recreational opportunities along the River and its shoreline, including:
preservation and relocation of two existing trails (the Green River Trail and an existing
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gravel trail or"middle trail' located between the river and the Green River Trail),
preservation of Boeing Rock Park, which is located along the riverbank; grading and
selective plantings to allow scenic overlooks and view corridors into the river and
surrounding areas; a new trailhead parking facility; upland meadows; and other
recreational amenities.
• Relocation of existing utilities, as needed, to construct the project.
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EXHIBIT B
Project Inspection, Maintenance, Operation and Repair
Introduction
This Exhibit applies to the existing setback levee located landward of the restoration features,
the height increase to the levee, and upland improvements, items and facilities of the Project.
The existing setback levee, plus the height increase shall be referred to in this Exhibit as
"Levee." The City shall require the Corps to prepare a separate operations and maintenance
manual, with input from the District and the City. The manual shall apply towards
engineered logjams, alcoves, riparian plantings and other related Project improvements,
items and facilities, and shall be approved by the District. The recreational features of the
Project are also separate from this Exhibit.
Rules
1. After expiration of the 5-year warranty period for the Project, the District shall maintain
and operate the Project, except the park, overlooks, parking lot, and recreational
elements, consistent with the District's Flood Hazard Management Plan Policy PROJ-6,
Flood Protection Facility Design and Maintenance Objectives (or its successor) which
states as follows:
"[The District] should construct new flood protection facilities and maintain,
repair or replace existing flood protection facilities in such a way as to:
• Require minimal maintenance over the long term,
• Ensure that flood or channel migration risks are not transferred to other
sites,
• Protect or enhance aquatic, riparian and other critical habitats, and
• Protect or enhance multiple beneficial uses of flood hazard area."
2. Levee maintenance and operation shall be based on a risk-based analysis approach. If
FEMA rejects a risk-based approach for Levee maintenance and operation and for that
reason fails to issue a CLOMR or LOMR for the Levee, the District shall not be
obligated to operate and maintain the Levee.
3. 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.
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4. The landward and riverward Levee slopes may be mowed and maintained in grass cover.
5. The 15-foot maintenance access and inspection area along the landward Levee toe may
be mowed and maintained in grass cover.
6. 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 III(9,000 cfs) or greater.
7. 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.
8. 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.
9. The District and/or King County shall perform continuing Levee patrols during all Phase
III or greater flood events.
10. Damaged or impaired Levee conditions observed by the District during flood patrols shall
be evaluated for emergency repair actions.
11. Any emergency repairs performed will be inspected by the District at the neat low-water
period for evaluation of permanent repair needs or additional measures required to restore
the function and integrity of all affected locations.
12. 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.
13. 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.
14. After giving the District at least forty-eight (48) hours notice, the City may trim and
maintain vegetation on the Levee in order to foster public safety for park and trail users.
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FIGURE 1
N
w S 200th ST
s
- -- S 204th ST
W / f
t
/ r
� O BOEING LEVEE a
USACE _
ECOSYSTEM
RESTORATION
PROJECTAREA
i
THE BOEING LEVEE USACE
ECOSYSTEM RESTORATION PROJECT
CONSISTS OF ENVIRONMENTAL
RESTORATION FEATURES,
IMPROVEMENTS TO REDUCE FLOOD
RISK,AND RECREATIONAL ELEMENTS.
THE PROJECT IS LOCATED JUST SOUTH /
OF THREE FRIENDS FISHING HOLE PARK
TO S 212TH STREET ON THE RIGHT BANK
OF THE GREEN RIVER IN KENT,WA. �I /
S 212th ST
Boeing Levee USACE Ecosystem Restoration Project
Figure 1
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: October 28, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: November 3, 2014
From: Sean Bauer, Water Superintendent
Through: Dave Brock, P.E., Interim Operations Manager
Subject: Information Only/Surrounding Jurisdiction Water Quality Issues
Item - 5
No Motion Required/Information Only
Summary: Provide the Committee with background information regarding recent
water quality issues jurisdictions have been experiencing, and discuss the practices
in place that City Staff follow to limit similar experiences with the Kent water
system.
Budget Impact: None
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: October 31, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: November 3, 2014
From: Tim LaPorte, P.E., Public Works Director
Subject: Information Only/Water Rate Structure
Item - 6
No Motion Required/Information Only
Summary: As discussed previously, our water rate structure is in need of
restructuring to make it more customer based as opposed to consumption based.
Nearly all of our surrounding jurisdictions and water districts have gone to a rate
structure that is more customer focused in this way.
With consent from the Committee we will brief Committee members individually.
Discussion of this will enable a more efficient meeting later in the year to consider
options.
In today's meeting staff will brief the Committee for further discussion later.
Exhibits: None
Budget Impact: N/A
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: October 31, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: November 3, 2014
From: Tim LaPorte, P.E., Public Works Director
Subject: Information Only/Update on Mill Creek Restoration Project
Item - 7
No Motion Required/Information Only
Summary: On Friday, October 1, 2014 Public Works staff met with the Drainage
District No. 1 Board of Commissioners. It is our desire to sign an interlocal
agreement with the District to work together to restore Mill Creek to the previous
channel depth to mitigate the flooding impacts which regularly occur.
A number of issues will need to be included or addressed, including property rights
and permit lead status. Currently there may be grant opportunities which we could
jointly pursue as well, however, timing is important.
At today's meeting, staff will review our discussion on this subject, which is expected
to be a multi-year joint endeavor.
Exhibit: N/A
Budget Impact: N/A