HomeMy WebLinkAboutCAG2020-301 - Original - King County Flood Control District - SRF Board Landowner Agreement for Lower Russell Levee Setback - 07/13/2020KENT
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cheny colored paper)WagHttrGToN
E
oLo.o.
Originator:
Toby Hallock
Department:
Public Works Engineering
Date Sent:
4115t202A
Date Required:
4121t2020
Authorized to Sign:
E Director or Designee El Mayor
Date of Council Approval
12110t2019
Budget Account Number
D20079
Budget? EYes EINo
Grant? E Yes EI No
Type:
Vendor Name:
Salmon Recovery Funding Board
Category
Other
Vendor Number:
156000
Sub-Category:
Landowner Agreement SRF Board
Projec Name: Lower Russell Levee Setback
prniertnotrit..!l1g--99unty'sLowerRussell LevoeSetbackprojectwilljmprovefloodprotec{ionalongl.3milesofriverinKent. Theprojeclwill alsoina:ludeaI IvJqL( usrorr) relocatedparkandhabitatimprovementsalongthereachontheGreenRiver. KingCountyreceivedgranttunastortniprojea. rhis _ -
document prcvides proof of authorization lo the grant agency (SRF Board) that xinig County has acce-ss to City-own"J p.p"ny ro|.construction.
Agreement Amount: $0
srarr Date: 0711312020
Basis for Selection of Contractor: $ jgl
Termination Date: 0711312030
*lf meets requirements per KCC 3.70.100, please complete 'Vendor Purchase-Loca! Exceptions" form on Cityspoce.
Local Business? E Yes E No*
Co
IU
G
ELor'|rg
ilrteo
EottLgl
Notice required prior to disclosure?
EYes EINo
Contract Number:
*FfECHVED
KENT LAW DEPT.
SIP ! 2'/i)Li]
Date Routed to the Mayor's Office:
trl
E*,fo
ES
o=Ei otrgl
UI
Date Routed to the City Clerk's Office:
ad(cw22l7l_l-20 Visit Documents.KentWA.gov to obtain copies of all agreements
OK to sign, 9/22/2020, TW. Please see the highlighted
instructions on the next page--a single date needs an
initial.
CAG2020-301
DocuSign Envelope lD: 02AC8227 -68A2-4D0D-9D4A-3FS0F9C0260B
Appendix Nl landowner Agreement
Landowner Aqreement
FoR PRoJCcts FuNpEp sv?HE SAtMoN R€covEey FUND|NG AoAsI}
This Agreement, dated'and effective beginning the l9 day of 5dq ,
20 AQ , is made and entered into by and between the Landowner and Grantee identified
herein, The parties intend that all terms of this Agreement shall remain in effect for a period of
ten years from the date of project completion, and the agreement shall be binding on all
successors in interest during this time. The date of project completion is the date of final
payment to the project sponsor (here Grantee), as defined in Section E of the Salmon Project
Agreement. lt is the responsibility of the Grantee to inform the landowner of this date.
Landowner Name (Landowner): City of Kent
StreetAddress: 220 FovrthAve. S.
City, State, Zip Code: Kent, WA 98032
Salmon Recovery Funding Board Project Sponsor (Grantee):
Grantee Narne: King County River and Floodplain Managernen! as Service
provider for King County Flood Control District
Street Address: 201 South Jackson Street, Suite 600
City. state, Zip Code: Seattle, WA 98104
Bg.BU,gst o r [n n oowruraAe nre rrl ryT
The purpose of this Agreement isto identifyand confirm the terms, conditions and obligations
agreed upon between the Grantee, who is undertaking a project (Project) funded by the Salmon
Recovery Funding Board (SRFB), and the Landowner, who owns the property on which the
Project will take place.
'l
Initial
DR
DocuSign Envelope lD: A2ACB227 -68A2,4D0D-9D4A-3F90F9C02608
Appcndix N: landowner Agraom€nt
The Grantee and landowner mutually agree to participate in conducting the salmon habitat
improvement activities described below on lands owned by Landowner in The Green River
Watershed (Water Resource lnventory Area g), King County, State of Washington, Tax parcel No.
0006200023; 0006200034; 0AA6200027:00062000.18; 0006200005; 0006200025; 0006200011;
1022049024; 1022049191; 1022049217:1022a49027;1022A49A$; fi22049196; $222049176;
1122049017; 1122049A8; 1122049A20; 1122A49018; 1122049a84; 1122049A$; fi22049a4;
112204UNKN;1122A49056;, See attached parcel map for the portion of each listed parcel that is
included in the SRFB project area,
The activities also are described in, and in accordance with, the Recreation and Conservation
Office (RCO)'s Project Agreement No. 85-044D-2 dated May 8, 2018, into which this agreement,
once signed by both parties, becomes incorporated herein.
Txe GRarureFAe3gg$lll;
1. Be responsible for the design and instaliation of the project, and the conduct and
activities of its staff, agents, and representatives.
2. Provide the Landowner with a timeline of estimated dates of project activities, including
start and completion dates, and to keep the Landowner informed of progress.
3. Conduct the project-related activities described in the Project Description, as appended
to this agreement.
4' Leave all remaining portions of the property outside the project area in as near pre-
project condition as reasonable or better, or as othenrrise agreed upon in writing with
Landowner.
5. lnform Landowner of project completion and the dates for this Agreement.
6. Hold harmless the landowner frorn any liability associated from injuries or damages
occurring to workers implementing the project.
7' ldentify the specific maintenance andlor monitoring adivities that will be provided by
grantee in Attachment A (lnclude frequency and duration).
Igg laupowrra Aqnte$ Tg:
1. Provide reasonable property access to the Grantee to plan, implernent, and complete the
project, and to conduct the long-term maintenance and monitoring activities, as
described in the Project Description attached to this agreement and subject.to the
interlocal agreement between the Landowner and the Grantee for the project,s design,
construction and maintenance,
2
DocuSign Envelope lD 02AC8227 -OBA2-4D00-9D4A-3F90F9C02608
, {npsn![ N; ta,ndgwngr AgrsSmonr
2' Provide the Grantee and Rco, or their employees, agents, representatives, contractors, oa
assignees, the right to enter the land, at reasonable times, and upon reasonabie notice,
Entry is solely for project implementation and rnanagement purposes, to inspect
completed work and to monitor long-term success of the completed project. Except in
case of emergency, reasonable notice shall be given at least 48 hours before entry.
Grantee's notice to the Grantor shall be in accordance with the terms and conditions of
the interlocal agreement between the Landowner and the Grantee for the project,s
design, construction, and maintenance,
3. Not intentionally compromise the integrity of the project;
4, lnforrn Grantee of all known safety hazards on the property;
5' ldentiff the specific maintenance and/or monitoring activities that will be provided by
Landowner in Attachment A (include frequency and duration).
Landowner has no obligation to provide access to parties other than the Grantee or RCO or
their employees, agentq representatives, contractors, or assignees. For the purposes of viewing
the Project for information or educational purposesr Landowner and Grantee must mutually
agree before such third-party access is offered.
GETIER^ITEnMs
The Landowner shall notify the Grantee of changes in ownership of the property on which the
Project is located within thirty (30) days of transfer, In the event of such transfer of ownership,
the Landowner shall provide a copy of this Agreement to the succeeding owner prior to such
transfer. The Landowner's written notification to the Grantee will include the name of.the new
landowner. The sponsor then will contact the new landowner to determine whether or not the
landowner agrees to continue the landowner's specific maintenancg monitoring, and reporting
responsibilities as described in Attachment A (if applicable), and to not intentionilly compromise
the integrity of the project. lf the new landowner agreet please provide a copy of the new
landowner-signed statement to continue the landowner's monitoring, maintenance. and
reporting responsibilities as described in Attachment A.
fo comply with Executive Order 05-05, Archaeological and Cultural Resources, Grantees may
have to complete a cultural resources survey in response to any cultural resources concerns that
might arise. Grantees will notify the landowner if a consultation is required, lf required,
consultations must be completed before construction begins.
This agreement may be terminated by the Grantee, if in its discretion, it determines that
circumstances have rendered the Purpose of this agreement impractical to achieve. Termination
also may be sought by either party by providing written notice to the other party. Such
termination shall be effective only after authorized representatives of both parties have agreed
in writing to such termination and RCO has been provided a thirty (30) day advance *ritt"n
3
DocuSign Envelope lD: 02AC8227 -68A2-4D0D-9D4A-3FS0F9C0260B
Aosendix N:tandowncr Acrc€mcnt
notice of such termination. ll in the event the projecl is intentionally removed, destroyed, or
ctherwise cornpromised in function, or if successor Landowners do not agree to the terms of
this Agreement, RCO reserves the right to seek remedy as described in the section titled
"Restriction on Conseryation of Real Property and/ar Facilities to Other Uses" of the Salmon
Project Agreemenl and Washington Administrative Code 420-12-085, which requires the
Grantee, as project sponsor, provide a new restoration site to serve as replacement,
This Agreement does not authorize the Grantee or RCO to assume jurisdiction over, or any
ownership interest in, the premises. The Landowner retains sole responsibility for taxes,
assessments, damage claimt and controlling trespass. The Landowner also retains all benefits
and enjoyment of the rights of ownership except as are specifically provided in this agreement.
lN WITNESS WHEREOF, the parties have executed this Agreement.
by:
7 /L3/2A20
Date
Landowner City of Kent Date
Dana Raiph, Mayor
Provide a copy of this Agreement, and any amendments to this Agreement, to the RCo:
Washington State Recreation and Conservation Office, PO Box 40917 Olympia, WA 98504-0917
c-,-)
4
DocuSign Envelope lD: O2ACB227 -6842-4D0D-9D4A-3F90F9C02608
- Ap*ld!_!lita-q{gy3et 491p9g9nt
At
1" Written description of the project-related activities that will occur on Landowner's
Property (consistent with project cost elements) and the anticipated salmon or
environmental quality benefits: (lnclude restoration/enhancement activities and any
long-term maintenance needs and effectiveness monitoring activities that will occur in
future yearsJ
The Lower Russell Levee Setback project will replace the existing flood containment system of
levee and revetments along the right (east) bank of the Green river within the 1,4 mile project
reach (River Mile [RM]17.3 to RM 19.8) to provide long-term flood protection, improve riparian
and aquatic habitat, and enhance recreational opportunities,
The project will set the levee back and restore aquatic, floodplain, and riparian habitat. the
project has the following main elements:
1' lmprove flood protection by replacing and upgrading 1.4 miles of existing levee and
revetment with a new flood containment systern that meets current engineering design
standards and provides flood containment of the 500-year flood (18,800 cfs at USGS
Auburn gage) with a minimum of three feet of freeboard.
2. Reconnect about 40 acres of historical floodplain that is currently isolated from the river
by the existing levee and Russell Road by setting the new levee back from the river bank
and excavating portions of the hydraulically isolated floodplain down to an elevation that
is inundated under the river's current flow regime.
3, Restore aquatic and riparian habitats, with focus on the following elements:r Restore an annual flood regime in select locations by excavating portions of the
reconnected floodplain to create about 16 acres of rearing and refuge habitat for
juvenile salrnon;
r Shade the river and enhance and restore riparian functions by planting about}4
acres of the riparian corridor adjacent to the river;. lnstall large wood in habitat areas to create and enhance rearing and refuge
habitat for juvenile salmon, provide immediate shade and thermal refuge for fish,
and create holding pools for adult salmon migrating upstream.
4. Replace or improve recreational features:e Relocate and enhance Van Doren's Landing Park to allow for habitat restoration
in the existing park location;r Enhance the Green River Regional Trail by constructing about 1.4 miles of
separated multi-purpose trail through the relocated park and along the northern
levee;
5
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I
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DocuSign Envelope lD: 02AC8227-68A2-4D0D-SD4A-3F90F9C02608
fpnendlx N: Landowner AgreeryrSnt
' Construct nearly a mile of trails fcr passive recreation within enhanced habitat
areas:
. Relocate and replace the existing hand-carry boat launch and Russell Woods
trailhead.
5. Achieve muttiple objectives by integrating the new levee, road, and reconnected
floodplain with existing and enhanced parks, trails, and open space, thereby creating a
unified landscape that offers opportunities for active and passive recreation while aithe
same time restoring aquatic and riparian habitats and providing flood protection.
Key project components include:
' Remove most of the existing levee prism and rock revetment between river miles (RM)
17.8 and RM 19,2 to allow reconnection of about 40 acres of historical Green River
floodplain.
o Construct a floodwall between the Veterans Drive/S. 228th St Bridge (RM 19.2) and
Powerline Trail (RM 18.8), where the setback potential is constrained by existing
warehouses.
e Construct a setback levee between the Powerline Trail (RM 18.9) and the S. 21Zrh St
Bridge (RM 17.8).. Construct three rock barb scour deflectors and a short span of rock revetment and
timber crib wall at the downstream end of the project reach where the setback narrows
as the new levee approaches the S. 21Zth St Bridge. Six pieces of large wood will be
installed at the tips of each barb to provide complex cover for fish. The purpose of the
barbs is to allow some channel migration while still protecting the setback levee
embankment and directing flow under the South 212th Street Bridge. Rock barbs are
oriented roughly 30 degrees upstream with the crest sloping downward toward the river
Barbs will act to slow flow velocities along the embankment slope. redirect 1ow vectors
loward the center of the river channel, and keeps ihe channel thalweg from migrating
into the levee slope.
r Excavate about 16 acres of historical floodplain, including a backwater embayment
(about 9 acres), several floodplain benches (about 6 acres altogether), and three
mainstem alcoves (about one acre altogether) to provide rearing and refuge habitat for
juvenile salmon,
. lnstall 19 log habitat structures and 32 toe logs, for a total of 379 pieces of large wood.
Four floating raft jams will be placed in the backwater embayment, a deflector jam will
be placed along the main channel edge upstream of the backwater outlet to piovide
slow water edge habitat for fish approaching the backwater, an apex jam will be placed
against the downstream edge of the backwater outlet to encourage scour and reduce
sediment deposition, a bank roughening jam will be placed in the high flow entrance to
the backwater embayment, two lattice crib jams will be placed in the channel near the
scour deflectors, eight triad jams willbe placed in the alcoves between scour deflectors,
and 32 toe logs and three V-jams will be placed along the main channel margin
upstream of the relocated hand-carry boat launch.
DocuSign Envelope lD: 02AC8227 -68A2-4D0D-9D4A-3F90F9C02608
. 4pf.ql_o-lL I-: lg:'{gyng. !grJ9m!I!,
o Relocate Van Doren's Landing Park east of its cunent location and enhance park
amenities to compensate for lost rivet frontage. The relocated park will include
bathrooms, a parking lot picnic shelters, play structures, a grass multi-use field,
pickleball court, a wildlife viewing tower, and landscape plantings.I Remove, or convert to separated regional trail, about 5,000 LF of Russell Road north of
the Powerline Trail (RM18.B).
r Construct 7,200 LF of new separated Green River Trail through the project reach.
' Construct a hand-carry boat launch near RM 19.1 to replace the current boat launch in
Van Doren's Landing Park.
' Relocate and enhance the RussellWoods trailhead to RM19.2S; construct a new road
segment to provide access from Russell Road.r Construct new road segments to provide access to the relocated Van Doren's Landing
Fark, City of Kent-operated nursery, and TIAA warehouses.
' Replace-in-kind utilities affected by the project including waste water, water supply,
power, and communications.r lnstall a pond as well as swales and culverts to address surface water drainage.
' Revegetate about 24 acres of riparian habitat and 1 .4 acres of emergent wetland.
2' Describe the maintenance and monitoring responsibilities of both the Landowner and
Grantee for the terrn of this agreement, lnclude the activities, frequency and duration of
work to be performed.
King County, as service provider to the King County Flood Control District, will provide the
habitat monitoring and maintenance actions described in the Lower Russell Levee Setback
Monitoring and Maintenance Plan (2019), and the Lower Russell Levee Setback Site
Management Plan (20'19).
The Landowner has no maintenance and monitoring responsibilities as part of this agreement.
7
Viseth, Chervl<
Sent:
lo:
Cc:
Subject:
From:Hallock, Tobias
Tuesday, September 15,2020 4:08 PM
Viseth, Cheryl
Murillo, Alex; Mactutis, Mike
FW: Landowner Agreement for Mayor's Signature
Landowner Agreement Routing Form .pdf; LRP_LandownerAgmntKent_RCO-PSAR_TermAdded.pdf
HlCheryl,
I could please use some assistance if you are available. ln April we sent the attached Landowner Agreement on the
Lower Russell Levee project to the Mayor for her signature. The document approves King County's use of City land for a
grant. After Mayor Ralph signed it, we sent it back to King County. Their director signed it, but he didn't fill in the date
in the body of the document, so the grant agency isn't accepting it. After everyone's lawyers got involved, including
Tammy White, we found a solution. lf both parties initial the date in the body (13 of July 2020) the grant agency will
accept the document and King County can get reimbursed for funds spent on the project.
Could you please send this to Mayor Ralph's office for her to initial on the front page near the written-in date? l've
attachedtheroutingformweusedforheroriginalsignature. lfyouneedanythingelsefromme,pleaseletmeknow.
Thank you,
Toby
From: Hallock, Tobias
Sent: Wednesday, April 15, 2O2O 4:44 pM
To: Viseth, Cheryl <CViseth@kentwa.gov>
Cc: Murillo, Alex <AM urillo@kentwa.gov>
Subject: Landowner Agreement for Mayor's Signature
HiCheryl,
Here's one of two documents we'd like to send to the Mayor's office for signature with a mostly filled out pink sheet.
The mayor will need to sign the document to give proof to the grant agency, Salmon Recovery Funding Board that King
County has been given the rights to build the Lower Russell Levee project on City-owned property. tf you could please
route this to the Mayor's office that'd be great! Thank you so much I
This is the easier of the two. The next one has a lot of attachments, which l'm not sure will fit in an email. I might have
to send a link. Hopefully that willworkl
Thanks again I
Toby Hallock, P.E., C.F.M., Environmentat Engineer 3
Environmental Engineering I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5536 |
thallock@KentWa.gov
crTY oF KENT, WASHTNGTON
KentWA.oov Facebook i.iriiii.;r: YouTube
Attachments:
1
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MATL
2
Viseth, Chervl
Toby
From:
Sent:
To:
Cc:
Subject:
Attachments:
CITY OF KENT, WASHINGTON
KentWA.oov Facebook . ., :' ,
Hl Cheryl,
I could please use some assistance if you are available. ln April we sent the attached Landowner Agreement on the
Lower Russell Levee project to the Mayor for her signature. The document approves King County's use of City land for a
grant. After Mayor Ralph signed it, we sent it back to King County. Their director signed it, but he didn't fill in the date
in the body of the document, so the grant agency isn't accepting it. After everyone's lawyers got involved, including
Tammy White, we found a solution. lf both parties initial the date in the body (13 of July 2O2O) the grant agency will
accept the document and King County can get reimbursed for funds spent on the project.
Could you please send this to Mayor Ralph's office for her to initial on the front page near the written-in date? l've
attachedtheroutingformweusedforheroriginalsignature. lfyouneedanythingelsefromme,pleaseletmeknow.
Thank you,
From: Hallock, Tobias
Sent: Wednesday, April 15, 2O2O 4:44 PM
To: Viseth, Cheryl <CViseth@kentwa.gov>
Cc: Murillo, Alex <AMurillo@kentwa.gov>
Subject: Landowner Agreement for Mayor's Signature
HiCheryl,
Here's one of two documents we'd like to send to the Mayor's office for signature with a mostly filled out pink sheet.
The mayorwill need to sign the document to give proof to the grant agency, Salmon Recovery Funding Board that King
County has been given the rights to build the Lower Russell Levee project on City-owned property. lf you could please
route this to the Mayor's office that'd be great! Thank you so much I
This is the easier of the two. The next one has a lot of attachments, which l'm not sure will fit in an email. I might have
to send a link. Hopefully that will work!
Thanks again!
Toby Hallock, P.E., C.F.M., Environmental Engineer 3
Environmental Engineering I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5536 |
thallock@KentWa.oov
Hallock, Tobias
Tuesday, September 15,2020 4:08 PM
Viseth, Cheryl
Murillo, Alex; Mactutis, Mike
FW: Landowner Agreement for Mayor's Signature
Landowner Agreement Routing Form .pdf; LRP_LandownerAgmntKenI_RCO-PSAR_TermAdded.pdf
1
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