HomeMy WebLinkAboutCAG2020-070 - Original - King County Flood Control District - Signature Pointe Leeve - Improvements Between Riverbend Driving Range to Hawley Road - 02/26/2020 Agreement Routing Form
• For Approvals,Signatures and Records Management
17KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
W n s H$N c T o N (Print on pink or cherry colored paper)
Originator: Department:
Nancy Yoshitake for Steve Lincoln Public Works
Date Sent: Date Required:
> 2/20/20 2/27/20
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CL Authorized to Sign: Date of Council Approval:
a ❑ Director or Designee 0 Mayor 2/18/20
Budget Account Number: Grant? 0 Yes ❑ No
D20085
Budget? 0 Yes ❑ No Type: Local
Vendor Name: Category:
King County Flood Control District Interlocal
Vendor Number: Sub-Category:
_ 458886
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Project Name: Signature Pointe Levee
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= Project Details:Project consists of the improvement of the Signature Pointe Levee from the
Riverbend driving range to Hawley Road.
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E Agreement Amount: $1,445,000 Basis for Selection of Contractor: Interlocal Agreement
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i Start Date: Mayor's signature Termination Date: 12/31/20
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Local Business? ❑Yes 0 No*
*If meets requirements per KCC3.70.10�,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Notice required prior to disclosure? Contract Number:
❑Yes 0 No A 2,pZW
Date RemmrNrm Comments:
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p) Date Routed to the Mayor's Office:
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Date Routed to the City Clerk's Office: `` City of Kent
Office of the Mayor
adaw72373_i23 Visit Documents.KentWA.gov to obtain copies of all agreements
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KE1NT
W.S.t N GT.C,,
DATE: February 18, 2020
TO: Kent City Council
SUBJECT: Signature Pointe Levee Interlocal Agreement for Real
Estate Appraisals and Preliminary Designs - Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement between the
City and the King County Flood Control District to reimburse the City for
real estate appraisals and preliminary designs for the Signature Pointe
Levee Project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The Signature Pointe Levee Project is located on the right bank of the
Green River between Washington Avenue South and the west end of the Riverbend
Golf Course Complex Driving Range. The levee does not meet 100-year FEMA
Accreditation standards for flood protection and needs to be repaired. The proposed
Project will repair the levee and increase its flood protection level to a 500-year
design standard.
This Interlocal Agreement between the City of Kent and the King County Flood
Control District includes provisions for the City to complete real estate appraisals,
review appraisals, title research, and other required real estate activities. The
Agreement also includes provisions for the City to complete preliminary designs,
perform field reconnaissance, topographic survey, environmental reports and
documentation, geotechnical, structural and hydraulic engineering, and other
required technical studies.
Two previous ILAs were executed for the Signature Pointe Levee Project. The first
ILA was executed in May 2018 for a levee alternatives analysis, the other was
executed in June 2019 for property acquisition. In the future, a separate Interlocal
Agreement will be needed for additional property acquisition, final design, and
construction of the levee.
Completion of the Signature Pointe Levee Project will enable the City to reduce
flood risk to the Signature Pointe Apartments and other surrounding areas, and will
allow the City to work with FEMA to accredit the levee and remove areas from
FEMA's flood maps. The District will reimburse the City for expenses related to the
above work as described the Agreement.
BUDGET IMPACT: This Interlocal Agreement will provide $1,445,000 to the project
Packet Pg. 49
9.F
budget. Expenses will be reimbursed by the King County Flood Control District.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. Signature Pointe Levee - Real Estate Appraisals and Preliminary Designs
(PDF)
02/11/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 2/18/2020 7:00 PM
Packet Pg. 50
i
AGREEMENT REGARDING
REAL ESTATE APPRAISALS AND PRELIMINARY DESIGNS
Signature Pointe Levee Improvement Project
River Mile 21.7 to 23.2, Right Bank
THIS AGREEMENT is made and entered into on the last date signed below,by and between the
CITY OF KENT, a municipal corporation of the State of Washington ("City"), and KING
COUNTY FLOOD CONTROL DISTRICT, a quasi-municipal corporation of the State of
Washington ("District") (collectively, the "Parties").
RECITALS
A. The Signature Pointe Levee ("Levee") is a key part of the Green River levee
system. The District desires to improve the Levee to provide improved flood protection and
scour protection, enable certification and FEMA accreditation, and secure necessary land rights
for river bank protection and other flood related works (the Levee improvement will hereafter
be referred to as the"Project"). The area of the Project is the right bank of the Green River
from River Mile 21.7 to 23.2.
B. King County, Washington, through its Water and Land Resources Division of
the Department of Natural Resources and Parks, as service provider to the District pursuant to
an interlocal agreement, manages, operates, and maintains a major portion of the Green River
levee system.
C. The District has included the Project on its 2020-2025 Six Year CIP Projects
Allocations List, and budgeted $1,445,000 in its 2020 Capital Budget for real estate appraisals
and preliminary designs. The District has also forecasted on its 2020-2025 Six Year CIP
Projects Allocations List, $26,777,500 in 2021 and$26,777,500 in 2022 for the Project to acquire
all necessary real estate, complete the designs, obtain all permits, and to construct and complete
the Project. The Parties desire to construct the Project as soon as possible, with an optimistic
goal of commencing construction in the year 2021. However, before construction can
commence, the necessary real estate acquisition and design must be completed.
D. At the District's request and on its behalf, the City has agreed to complete real
estate appraisals and prepare preliminary designs. The real estate appraisals process may include
without limitation; appraisals, review appraisals, title research, and other required real estate
activities with the goal of pursuing fee title, permanent restrictive easements, or temporary
construction easements as the Parties may agree are necessary for the Project. The City will also
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complete analysis of potential impacts and damages to properties along the levee alignment,from
the Riverbend Golf Complex to Washington Avenue. The real estate appraisals and damage
analysis completed under this Agreement will not include the Ostrovsky and Dejbod parcels
(APN 5436200851 and 5436200841), which the City is acquiring at its own costs. Preparation
of preliminary designs may include without limitation; development of plans, field
reconnaissance, topographic survey, environmental reports and documentation, geotechnical,
structural and hydraulic engineering, and other technical studies the Parties may agree are
necessary for the Project. The Parties goals are to complete the real estate appraisals and
preliminary designs as soon as practicable and within the year 2020.
AGREEMENT
1. Incorporation of Recitals: All recitals above are hereby incorporated in and
ratified as part of this Agreement. The District Executive Director or designee shall have all
discretion and right to perform the functions of the District in this Agreement, unless otherwise
provided in this Agreement.
2. Term-Effective Date:
a. This Agreement will be effective when the second party signs.
b. The term of this agreement shall run and shall remain in effect until all terms of
this Agreement are completed or four (4) years from the effective date of this Agreement,
whichever occurs first.
3. Project Description and Specifications
a. The project is a replacement of the existing levee and revetment on the right bank
of the Green River from River Mile 21.7 to•23.2 (which extends from the west end of the
Riverbend Golf Complex Driving Range to the Washington Ave South bridge), commonly
referred to as the Signature Pointe Levee Project("Project'). The Project is described briefly and
depicted in the Alternative Analysis study commissioned by the District, prepared by the City
and presented to the District Executive Committee at its meeting on August 26, 2019.
b. The height of the existing levee will be increased to achieve the Lower Green
River System-Wide Improvement Framework's provisional flood protection goal of 0.2%annual
chance (500-year) or 18,800 cfs (as measured at Auburn USGS gage), plus a minimum of three
(3) feet of freeboard.
4. Project Responsibility and General Requirements
a. The City will prepare appraisal reports and complete analyses of property impacts
and damages, and preliminary designs, in accordance with all applicable laws, regulations,
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standards and guidelines, including without limitation the following:
i. District resolutions and policies;
ii. Landscape architecture and engineering design standards and guidance;
iii. Terms and conditions of agreements that relate to the real property on which
the Project will be constructed;
iv. U.S. Army Corps of Engineers and FEMA design guidance and standards
regarding structural design of flood protections system (levees and
floodwalls); and
v. Project plans and specifications.
b. In designing the project, the Levee shall meet the following minimum Factors of
Safety (FS) for potential slope failure mechanisms when determined by the methodologies
described in USACE Publications EM 1110-2-1902 and EM 1110-2-1913, as follows:
• End of Construction FS=1.3
• Steady State at full stage FS=1.2
• Steady state at intermediate stage FS=1.2
• Seepage and Heaving: FS=1.2
• Rapid Drawdown from full stage: FS=1.4
• Seismic: FS=1.0
c. The preliminary designs shall include 30%plans, specifications and cost estimates.
The City agrees to maintain documentation of all planning, design, construction and inspection of
the Project sufficient to meet state audit standards for a capital project, recognizing that the costs
of the Project are paid for in whole or in part by the City and the District. The City agrees to
maintain any additional documentation that is reasonably requested by the District. City contracts
and internal documents shall be made available to the District for review and/or independent audit
upon request. The designs shall include all flood protection facilities and other environmental or
recreation required by the project or requested by the District.
5. District Review of Project Plans and Specifications. The City shall provide to the
District a schedule of the events and actions the City believes are material and significant for
design and bidding of the Project, including 30% PS&E, 60% PS&E, 90% PS&E, 100% or final
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PS&E and the invitation to bid. The City shall submit the preliminary phase of PS&E to the
District and allowed the District at least 30 days to review and comment on that phase of PS&E.
If the District fails to comment within this 30-day time period, that failure shall be interpreted as
the District's approval of the PS&E. The District may request more time for review or to ask
questions. The City will incorporate all changes requested by the District or provide reasons for
not incorporating those changes.
6. Reimbursement of City Expenditures —General:
a. As provided for in this Agreement, the District will reimburse the City all
costs and expenses incurred by the City to prepare real estate appraisals and preliminary designs
("City Costs") The maximum reimbursement for City costs currently authorized through this
Agreement is$1,445,000. However,the parties understand that the market rate for Real Property
is in a constant state of flux and appraisals have a limited useful life. Therefore, the parties
agree and understand that this maximum reimbursement amount may be insufficient to prepare
real estate appraisals and to complete preliminary designs, consequently, to fully reimburse the
City for its actual costs incurred, in the event it appears this budget amount will be
insufficient to complete the work authorized under this Agreement, the parties agree to negotiate
in good faith to amend the Project budget or redefine the Project as the parties mutually agree is
necessary. In such an event, the City's Mayor and the District's Executive Director are
authorized to execute an amendment to this Agreement to amend the Project budget or redefine
the Project up to an additional amount of $100,000. Any increases beyond this amount will
require an amendment to this Agreement and may require additional approval of the Kent City
Council and the King County Flood Control District's Board of Supervisors.
b. Reimbursement requests for City Costs incurred in accordance with this
Agreement may be submitted by the City on a no more frequent basis than once a month. The
request shall be in a form and shall contain information and data as required by the District.
Upon receipt of a request for reimbursement, the District may request the City to provide a status
or progress report concerning all acquisitions of Real Property that are not the subject of the
request. The District may delay payment until receipt of this report.
C. 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 and pay the reimbursement within forty-five(45)days of receipt of a 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 all additional information or data within thirty (30)days of the District's request for
such additional information or data. If the request is still inaccurate or incomplete in the
reasonable opinion of the District,the dispute shall be resolved in accordance with Section 10 of
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this Agreement. After resolution of the dispute, the District shall provide reimbursement as
provided in this Section.
e. The District may also postpone payment of any portion of a request for
reimbursement where the City is delinquent in the submittal,preparation, or completion of any
document, work, or services required by this Agreement and related to the Real Property that is
the subject of the request for reimbursement.
f. This section pertains to information the City may need to submit to the
District with its reimbursement request for processing. However, nothing in this Section shall be
interpreted as releasing the District from any obligation to pay the actual costs or expenses
incurred by the City in appraising the Real Property or preparing preliminary designs when
that cost or expense was approved by the District or as otherwise authorized by this Agreement.
7. 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 or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW,
or as otherwise granted or provided for by law.
8. Liens and Encumbrances: The City acknowledges and agrees that it will not cause
or allow any lien or encumbrance arising from or related to this Agreement to be placed upon the
real property interests of King County or the District. If such lien or encumbrance is so placed,
King County or the District shall have the right to remove such lien and charge the costs of such
removal to the City. If there are pre-existing encumbrances which are required to be removed by
the City in order to construct the Project, the costs will be reimbursable by the District as
described in this Agreement.
9. Indemnification. 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,
unless such damages and injuries to persons or property are caused by or result from the sole
negligence or willful misconduct of the District or its contractors, employees, agents, or
representatives, or 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.
Page 5 of 8
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.
10. 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.
11. 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
Section 3 above, submittal of all relevant information and data to an independent Certified
Public Accountant or a Construction Claims Consultant, if agreed upon by the Parties, for a
non-binding opinion as to the responsibility.
b. Ifthe foregoing does not result in resolution and for all other disputes, the
Parties may mutually select any informal means of resolution and ultimately seek resolution
within the Superior Court for King County, Washington.
C. Each Party will be responsible for its own costs and attorney's fees in connection
with the dispute resolution provisions of this Section.
12. Entire Agreement: Amendment. This Agreement 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.
13. Binding Nature. The rights and responsibilities contained in this Agreement
shall inure to the benefit of and are binding upon the Parties and their respective successors
in interest and assigns.
14. 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
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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 electronic mail. 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. Ifsuch 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 electronic mail, it shall be deemed given at the
time of the sender's transmission of the electronic mail communication, unless the sender
receives a response that the electronic mail message was undeliverable. 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: Tim LaPorte, Public Works
Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
To District: Michelle Clark, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: michelle.clark@kingcounty.gov
Either 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.
15. Severability. If any provisions of this Agreement or its application are held
invalid, the remainder shall not be affected.
16. 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
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By:� O By:
Dana Ralph Dave Upthegrove
Its: Mayor Its: Board Chair
DATE: a� DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
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Ci y orney Distri ttorney
Page 8 of 8
1200 King County Courthouse
KING COUNTY 516 Third Avenue
a AS Seattle,WA 98104
King Signature Report
F ` solution
Proposed No.FCD2020-03.1 Sponsors
1 A RESOLUTION approving an interlocal agreement with the City
2 of Kent regarding real estate appraisals and preliminary designs
3 relating to the Signature Point Levee Improvement Project.
4 WHEREAS,the Signature Pointe Levee ("the Levee") is a key part of the Green
5 River levee system, and
6 WHEREAS, the District desires to improve the Levee ("the Project") to provide
7 improved flood protection and scour protection,to enable certification and secure
8 necessary land rights, and
9 WHEREAS, the District Executive Committee selected the District's preferred
10 alternative for the Project at the August 23, 2019, Executive Committee meeting, and
11 WHEREAS,the District has included the Project in its 2020 budget, in the
12 amount of$1,445,000, and
13 WHEREAS, the City of Kent has agreed to complete real estate appraisals and
14 prepare preliminary design, and
15 WHEREAS,the District and the City of Kent("the Parties") desire to complete
16 the real estate appraisals and preliminary design as soon as practicable and within the
17 year 2020;
18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
19 SUPERVISORS OF THE KING COUNTY FLOOD CONTROL DISTRICT:
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FCD Resolution
20 SECTION 1. The Board of Supervisors approves the Agreement Regarding Real
21 Estate Appraisals and Preliminary Designs, Signature Pointe Levee Improvement Project,
22 River Mile 21.7 to 23.2, Right Bank, Attachment A to this resolution, and authorizes the
23 chair to sign the agreement.
24
FCD Resolution was introduced on and passed by the King County Flood Control
District on 2/11/2020, by the following vote:
Yes: 8 - Mr. von Reichbauer, Ms. Lambert, Mr. McDermott, Mr.
Dembowski, Mr. Upthegrove, Ms. Kohl-Welles, Ms. Balducci and
Mr. Zahilay
Excused: 1 - Mr. Dunn
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KING COUNTY FLOOD CONTROL ZONE
DISTRICT
KING COUNTY,WASHINGTON
Dave Upthegrove air
ATTEST:
Melani Pedroza, Clerk of the District
Attachments: A. Signature Pointe Levee-Real Estate Appraisals and Preliminary Designs
2