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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 05/20/2019 (2) Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Public Works A dministration at 253-856-5500, or email Cheryl Viseth at CViseth@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Public Works Committee Agenda Chair - Dennis Higgins Brenda Fincher– Toni Troutner Monday, May 20, 2019 4:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 01 MIN. 3. Changes to the Agenda Chair 01 MIN. 4. Approval of May 6, 2019 Minutes YES Chair 05 MIN. 5. ILA with King County Flood Control District for Signature Pointe Levee YES Stephen Lincoln 10 MIN. 6. ILA with King County Flood Control District for Lower Russell Levee YES Mike Mactutis 15 MIN. 7. Information Only/Republic Services Proposed Price Increases NO Tony Donati 20 MIN. 8. Information Only/Quiet Zone Update NO Rob Brown 10 MIN. Page 1 of 4 Pending Approval Public Works Committee CC PW Regular Meeting Minutes May 6, 2019 Date: May 6, 2019 Time: 4:00 p.m. Place: Chambers East Attending: Dennis Higgins, Chair Brenda Fincher, Councilmember Toni Troutner, Councilmember Agenda: 1. Call to Order 4:00 p.m. 2. Roll Call Attendee Name Title Status Arrived Dennis Higgins Chair Present Brenda Fincher Councilmember Present Toni Troutner Councilmember Present 3. Changes to the Agenda 4. Approval of Minutes dated April 15, 2019 MOTION: Move to approve the Minutes dated April 15, 2019 RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Higgins, Fincher, Troutner 5. Kent Airport Levee Grant - King County Flood Control District Subregional Opportunity Fund - Authorize Environmental Engineer II, Stephen Lincoln noted that the King County Flood Control District (District) collects an annual levy from properties within King County. Ten percent of the levy collected within each jurisdiction is granted back to the jurisdiction to be used for stormwater or habitat projects through the District’s Subregional Opportunity Fund. Lincoln noted that the Kent Airport Levee is located on the left bank (south side) of the Green River, located between SR 167 to the west, and the Union Pacific Railroad tracks to the east. The levee protects large businesses in manufacturing, warehouse distribution, transportation, freight, auto, and railroad industries. The levee needs to be repaired as it currently does not meet FEMA accreditation standards for flood protection. 4 Packet Pg. 2 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 6 , 2 0 1 9 4 : 0 0 P M ( O P E N S E S S I O N ) Public Works Committee CC PW Regular Meeting Minutes May 6, 2019 Kent, Washington Page 2 of 4 The King County Flood Control District Subregional Opportunity fund has allocated funds in the amount of $188,090. These funds will be used to secure property along the river to construct the levee, and to prepare preliminary designs. MOTION: Authorize the Mayor to accept funds from the King County Flood Control District Subregional Opportunity Fund in the amount of $188,090 for the Kent Airport Levee project, to establish a budget, and authorize expenditure of funds in accordance with the grant terms and conditions, acceptable to the Public Works Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/21/2019 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Higgins, Fincher, Troutner 6. Lake Fenwick Aerator Retrofit Grant – King County Subregional Opportunity Fund - Authorize Environmental Supervisor, Matt Knox noted that Retrofitting the existing aerator is a good fit for the Subregional Opportunity Fund grant allocation. Knox noted that the hypolimnetic aerator that was installed in Lake Fenwick in 1994 to help sequester phosphorus pollution and reduce the potential for harmful algae conditions has reached its capacity level. MOTION: Authorize the Mayor to accept the King County Flood Control District Subregional Opportunity Fund, in the amount of $190,352, to help fund a retrofit of the Lake Fenwick Aerator, amend the budget, and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the Public Works Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/21/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Higgins, Fincher, Troutner 7. Information Only - Amendment to Consultant Services Agreement for 4th and Willis Roundabout Design with Transportation Solutions, Inc. (TSI) Design Engineer II, Thomas Leyrer noted that Transportation Solutions, Inc. (TSI) is under contract to prepare the Channelization Plans for Washington Department of Transportation (WSDOT) review and approval for the roundabout at the intersection of 4th Avenue and Willis Street (SR 516). 4 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 6 , 2 0 1 9 4 : 0 0 P M ( O P E N S E S S I O N ) Public Works Committee CC PW Regular Meeting Minutes May 6, 2019 Kent, Washington Page 3 of 4 A Contract amendment has been prepared in the amount of $59,020 to include the design of a signal system to meter the traffic through the roundabout to accommodate emergency operations by Puget Sound Regional Fire Authority and Police, and the design of pedestrian activated signals for the crosswalks. TSI will prepare plans, specifications, and cost estimates for the proposed signal system. 8. Information Only - Transportation Grants Update Senior Transportation Planner, April Delchamps noted that there are multiple grant opportunities in the next 18 months. The process to develop and evaluate potential projects for submission has been started by staff. All grant submissions must be consistent with local, regional and state plans and must be in the local Transportation Improvement Program or TIP. Delchamps noted that so far in 2019 staff have submitted four projects for two grant opportunities, the Sound Transit System Access Fund and the WSDOT Local Bridge Program. There are four additional grant opportunities this year. Two from the Transportation Improvement Board or TIB and two from WSDOT using federal Highway Safety Improvement Program or HSIP funds. Delchamps went over the schedule with the committee. Schedules and scoring were also discussed. 9. Information Only - 2020-2025 Transportation Improvement Program (TIP) Update Senior Transportation Planner, April Delchamps gave an overview of the 2020-2025 Six-Year Transportation Improvement Program (TIP). Delchamps touched on updating the TIP and the following project changes: · Naden Avenue Improvements · Quiet Zone · Meeker Frontage Improvements · 76th Avenue South · SE 248th St · Willis St Shared Use Paths - Union Pacific Railroad to the 4th Ave S Roundabout · 132nd Ave S Pedestrian Improvements (Phase III) · S 212th St - West Valley Highway to Orillia Rd · Meeker St and 64th Ave S - Intersection Improvements · New Street to Support Transit Oriented Development (TOD) · Sound Transit System Access Fund Projects Next Steps: · Present Draft 2025-2025 Transportation Improvement Program to PWC · Public Works Committee Recommends Council Schedule Public Hearing 4 Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 6 , 2 0 1 9 4 : 0 0 P M ( O P E N S E S S I O N ) Public Works Committee CC PW Regular Meeting Minutes May 6, 2019 Kent, Washington Page 4 of 4 · City Council Schedule · City Council Public Hearing & Adoption May 21, 2019 10. Information Only - Sidewalk Code Update Street and Vegetation Manager, Bill Thomas noted that as staff assessed sidewalks in 2016 and 2018, there were instances where adjacent property owner ingress/egress/vegetation has resulted in egregious damage to the public sidewalk. The City Code is being reviewed to verify if there is sufficient language therein to obligate the property owner to perform restoration in these instances. An update on the condition of the City’s sidewalk network and corrective maintenance practices were presented to the Committee. 11. Information Only - Quiet Zone Update Transportation Manager, Rob Brown gave a brief update on the Quiet Zone. Union Pacific Railroad Staff have been working with the Washington State Department of Transportation for the ability to include Willis St (SR 516) in the UPRR quiet zone. SR 516 is a limited access highway at the UPRR crossing and the state owns and controls the highway. We have been pursuing two options. The first is to have this section of SR 516 changed from limited access to managed access which would give the City operational control of the crossing. The second is a maintenance agreement for the signs and pavement marking related to the railroad crossing and asking WSDOT for a letter of “No Issue” with the establishment of the Quiet Zone. BNSF Railway The application to the Federal Railroad Administration (FRA) to establish a quiet zone on the BNSF mainline was submitted on April 3, 2019. We are in the 60-day comment period where the railroads (BNSF, Sound Transit, and Amtrak), the Washington State Department of Transportation, and the Washington Utilities and Transportation Commission can submit comments related to our application before the FRA makes a determination. Quiet Zone Timeline Staff are also assembling a timeline for Quiet Zone actions which will be presented at the May 20, 2019 Public Works Committee. Cheryl Viseth Committee Secretary 4 Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 6 , 2 0 1 9 4 : 0 0 P M ( O P E N S E S S I O N ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: May 20, 2019 TO: Public Works Committee SUBJECT: ILA with King County Flood Control District for Signature Pointe Levee MOTION: Move to recommend Council authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the King County Flood Control District regarding the acquisition of property and reimbursement of the City’s costs and expenses 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 is located on the right bank of the Green River between Washington Ave S and SR-516. The levee does not meet 100-year FEMA Accreditation standards for flood protection and needs to be repaired. The proposed project will include increasing the flood protection level to a 500-year design standard. This Interlocal Agreement (Agreement) between the City of Kent (City) and the King County Flood Control District (District) includes provisions for the City to purchase property to construct the levee and provides the District with easements to operate and maintain the levee in the future. The Agreement also includes provisions to remove structures necessary for future construction. This future work will enable the City to accredit the levee for FEMA flood insurance purposes. The District will reimburse the City for expenses related to the above work as described the Agreement. In the future, a separate Interlocal Agreement will be needed for additional property acquisition, design, and construction of the levee. BUDGET IMPACT: This Interlocal Agreement will provide $1,600,000 to the Project 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. 5 - Exhibit - DRAFT Signature Pointe Levee ILA (PDF) 5 Packet Pg. 6    ‐1‐  DRAFT 5/7/2019 AGREEMENT REGARDING PROPERTY ACQUISITION Signature Pointe Levee Improvement Project River Mile 21.7 to 23.2, Right Bank THIS AGREEMENT REGARDING PROPERTY ACQUISITION (“Agreement”) related to the Signature Pointe Levee Improvement, River Mile 21.7 to 23.2, Right Bank, is entered into on the last date signed below by and between the CITY OF KENT, a Washington municipal corporation (“City”), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a special purpose district of the State of Washington (“District”) (collectively, the "Parties"). RECITALS A. King County, Washington, through its Water and Land Resources Division of the King County 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. B. 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. C. The District has included the Project on its 2018-2023 Capital Budget Project List, and budgeted $300,000 in its 2018 Capital Budget for an analysis of design alternatives for the Project. The District has also included Pre-Construction Acquisition in its 2019-2024 Capital Budget Project List, and budgeted $5,000,000 in its 2019 Capital Budget for strategic acquisition of properties necessary to construct levee projects and reduce the risk of construction delays. 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 property rights must first be acquired, and the existing structures removed. D. The preliminary plan for the Project is 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 cubic feet per second (cfs), plus three feet of freeboard. E. At the District’s request and on its behalf, the City has agreed to acquire necessary real property and real property interests (“Real Property”) to construct the Project in furtherance of the parties’ common interest in flood protection for Kent and the larger regional community, and agreed to remove the structures thereon. This Real Property may include 5.a Packet Pg. 7 At t a c h m e n t : 5 - E x h i b i t - D R A F T S i g n a t u r e P o i n t e L e v e e I L A ( 1 7 8 8 : I L A w i t h K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t f o r S i g n a t u r e P o i n t e L e v e e )    ‐2‐  without limitation fee title, permanent restrictive easements, or temporary construction easements as the Parties may agree are necessary for the Project. The Parties intend for the City to acquire the Real Property as soon as practicable, with a goal of completing the acquisitions provided for by this Agreement by the end of 2019, but with the understanding that this acquisition date is not firm and may be exceeded if voluntary acquisition efforts are unsuccessful and formal eminent domain proceedings become necessary. AGREEMENT The Parties agree as follows: 1. Incorporation of Recitals Definitions. All recitals above are hereby incorporated in and ratified as part of this Agreement. The District Executive Director or designee shall have the discretion and right to perform the functions of the District in this Agreement, unless otherwise provided in this Agreement. 2. Acquisition and Transfer of Real Property. a. The City shall acquire title to and interests in the real property (“Real Property”) described in this Agreement, or such additional Real Property that the City and District agree is necessary for public use through ownership, construction, installation, operation, maintenance, repair, replacement and removal of the Project in accordance with this Agreement. In acquiring Real Property, the City shall comply with the following procedures, laws, and regulations: (i) the Washington State Department of Transportation Right of Way Manual (M26.01.17); (ii) Chapters 8.12, 8.25, and 8.26 RCW; (iii) Chapter 308-125 WAC; and (iv) King County Flood Control Zone District Property Acquisition Policy approved in Resolution FCD 2016-22.2. In the event the District’s Property Acquisition Policy conflicts with a mandatory law or regulation that applies to action being taken by the City, the mandatory law or regulation will control over the Acquisition Policy. In acquiring Real Property, the City shall acquire the Real Property in a size and location the City and the District agree is necessary for the Project and public use. For each Real Property acquisition, the City (i) shall prepare and submit to the District, prior to the commencement of the acquisition process, a schedule that includes work tasks, task durations, and task linkages, and (ii) will communicate regularly with WLRD and the District, providing written reports when requested by WLRD or the District. b. The District shall approve before execution by the City all conveyance documents proposed to acquire the Real Property from the property owners and to transfer the Real Property to the District. Any easements granted by the City to the District shall be in the form of the standard River Protection Easement in Reference 8P to the King County Surface Water Design Manual, or in a different form acceptable to the District. c. The District shall approve before expenditure by the City any individual cost or expense that exceeds $10,000 in the City’s acquisition or transfer of Real Property 5.a Packet Pg. 8 At t a c h m e n t : 5 - E x h i b i t - D R A F T S i g n a t u r e P o i n t e L e v e e I L A ( 1 7 8 8 : I L A w i t h K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t f o r S i g n a t u r e P o i n t e L e v e e )    ‐3‐  pursuant to this Agreement. The District agrees it will reimburse the City for City’s actual costs and expenses incurred in acquiring the Real Property and removing the structures thereon, and that reimbursement requests will be submitted and paid in accordance with Section 4 of this Agreement. d. The City shall acquire fee title of the Real Property identified by the District for acquisition which supports the Project’s goals to (i) allow for ownership, construction, installation, operation, maintenance, repair, replacement, and removal of the Project; (ii) allow for a continuous Green River Trail (“Recreational Trail”); and (iii) allow for a new roadway alignment of South 251st Street between the Signature Pointe Apartments to the west and Washington Avenue to the east (“Roadway Alignment”). After the Project is fully constructed, the City shall grant to the District an easement over that portion of the Real Property the District requires to own, construct, install, inspect, operate, maintain, repair, replace, and remove the Project. As part of its regular communications with the District regarding the acquisition of the Real Property, the City shall submit to the District background information, appraisals, analysis and negotiations with the owner of the Real Property. The District shall reimburse the City for acquisition of the Real Property in accordance with Section 4. 3. Removal of Structures.   a. Once the Real Property is acquired and the City has title and possession to the Real Property, the City will hire a contractor to demolish and remove all structures on the Real Property, including any existing septic tank, oil heating system, or other appurtenances associated with the Real Property.  b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals necessary to carry out the demolition and removal work described above, and shall fully comply with all applicable requirements and conditions thereof. c. The District agrees it will reimburse the City for the City’s actual costs and expenses incurred in the demolition and removal work provided for in this Section 3, and those reimbursement requests will be submitted and paid in accordance with Section 4 of this Agreement. 4. 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 acquire or transfer the Real Property (“City Costs”) The maximum reimbursement for City costs currently authorized through this Agreement is $1,600,000 for the acquisition of the Real Property identified in Section 2 and the removal of structures per Section 3. However, the parties understand that the market rate for Real Property is in a constant state of flux and the area is currently experiencing an unprecedented increase in property values. Therefore, the parties agree and understand that this maximum reimbursement 5.a Packet Pg. 9 At t a c h m e n t : 5 - E x h i b i t - D R A F T S i g n a t u r e P o i n t e L e v e e I L A ( 1 7 8 8 : I L A w i t h K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t f o r S i g n a t u r e P o i n t e L e v e e )    ‐4‐  amount may be insufficient to acquire the Real Property and, 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 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 4 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 any just compensation, damages, or costs ordered by a Court to be paid to a Real Property owner as a result of any eminent domain proceeding, or the actual costs or expenses incurred by the City in acquiring the Real Property when that cost or expense was approved by the District in accordance with Section 2.c. or as otherwise authorized by this Agreement. 5.a Packet Pg. 10 At t a c h m e n t : 5 - E x h i b i t - D R A F T S i g n a t u r e P o i n t e L e v e e I L A ( 1 7 8 8 : I L A w i t h K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t f o r S i g n a t u r e P o i n t e L e v e e )    ‐5‐  5. 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 all terms of this Agreement are completed or four (4) years from the effective date of this Agreement, whichever occurs first. 6. 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. 7. 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 Section 4 of this Agreement. 8. 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. 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. 9. 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, 5.a Packet Pg. 11 At t a c h m e n t : 5 - E x h i b i t - D R A F T S i g n a t u r e P o i n t e L e v e e I L A ( 1 7 8 8 : I L A w i t h K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t f o r S i g n a t u r e P o i n t e L e v e e )    ‐6‐  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. 10. 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. If the 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 paragraph 10. 11. 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. 12. 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. 13. 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 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. 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 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 5.a Packet Pg. 12 At t a c h m e n t : 5 - E x h i b i t - D R A F T S i g n a t u r e P o i n t e L e v e e I L A ( 1 7 8 8 : I L A w i t h K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t f o r S i g n a t u r e P o i n t e L e v e e )    ‐7‐  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. 14. Severability. If any provisions of this Agreement or its application are held invalid, the remainder shall not be affected. 15. 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: Dana Ralph Reagan Dunn Its: Mayor Its: Board Chair DATE: __________________________ DATE:________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: City Attorney District Attorney 5.a Packet Pg. 13 At t a c h m e n t : 5 - E x h i b i t - D R A F T S i g n a t u r e P o i n t e L e v e e I L A ( 1 7 8 8 : I L A w i t h K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t f o r S i g n a t u r e P o i n t e L e v e e ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: May 20, 2019 TO: Public Works Committee SUBJECT: ILA with King County Flood Control District for Lower Russell Levee MOTION: Move to recommend Council authorize the Mayor to sign an Interlocal Agreement with the King County Flood Control District for Ownership, Construction, Operation and Maintenance of the Lower Russell Levee and other project impacted facilities subject to final terms and conditions acceptable to the City Attorney and Public Works Director, including those that address punch-list items for Van Doren’s Park and documents conveying property interests to the City’s properties. SUMMARY: The Lower Russell Road Levee Project (Project) is located on the right bank of the Green River between S. 212th St. and Veteran’s Drive. The landward area is protected by the levee above the 100-year flood level, but the levee will be set back from the river to meet federal stability requirements for levee accreditation and a 500-year flood level. The Project, which is being managed by the King County Flood Control District (District), includes habitat and trail improvements as well as relocation of Van Doren’s Park in addition to the levee’s reconstruction. The Project will reduce flood risks to residences, businesses, and properties in the Kent Valley. The City is the majority landowner of the project area, including Van Doren’s Park and the Green River Natural Resource Area, as well as Russell Road and the Green River Trail. The District is paying for the project and the mitigation of the project, while the City is providing the land for the project that it already owns or is purchasing and being reimbursed by the District. The City and the District will each be responsible for operation and maintenance of portions of the completed project, and the attached ILA prescribes those project related rights and responsibilities. Negotiations are ongoing on the Final Terms and Conditions. BUDGET IMPACT: None, Interlocal Agreements with the King County Flood Control District will pay for the project. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services 6 Packet Pg. 14 ATTACHMENTS: 1. ILA for Acquisition conveyance of easements design permitting construction O&M Lower Russell Levee Setback Project (PDF) 6 Packet Pg. 15 5/20/l9Bdits - INTERLOCAL AGREEMENT FOR ACQUISITION, CONVEYANCE OF EASEMENTS, DESIGN, PERMITTING, CONSTRUCTION, OPERATION, AND MAINTENANCE Lower Russell Levee Setback Project River MÍle 17.85 to 19.25, RÍght Bank THIS INTERLOCAL AGREEMENT is made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, on the day of 2079, by and between (City), and KING CO the GITY oF KENT, a municipal corporation of the state of washington TINTY FLOOD CONTROL DISTRICT, a quasi-municipal corporation of the State of Washington (District) (collectively, the "Parties"). RECITALS A. The District will replace the existing levee and revetment on the right bank of the Green River from River Mile 17.85 to 19.25 (between S.2l2rh St. and S. 228th St.), commonly referred to as the Lower Russell Road Levee, which is a key part of the Green River levee system. The District formally approved this replacement project through Resolution No. FCD2016-10.1. B. The replacement project will consist of a levee that is set back from the Green River where feasible, a flood wall and scour deflectors. This project will reduce flood risk to people, property and infrastructure, will improve riparian and aquatic habitat along the Green River, and will integrate road, trail and park amenities. C. By Interlocal agreement between King County and the District, the Water and Land Resources Division of the Department of Natural Resources and Parks provides services to the District. These services will include designing, bidding, constructing, managing, operating and maintaining the replacement project on behalf of and at the direction of the District. D. To accomplish the replacement project, the District must acquire real property and real property rights, some of which will be acquired from the Green River Trail (Russell Road), Van Doren's Park, other City park properties, and the Green River Natural Resource Area, all of which the City has acquired or improved with City or grant funds. E. On May 17,2018 the Parties entered into an agreement concerning the acquisition of a portion of the KOA Campground and the Suh Properties in support of the replacement project ("Property Acquisition Agreement"). The acquisition of the Suh Properties is complete and the acquisition of the KOA Campground property is anticipated through an exchange of a portion of the City's Green River Natural Resource Area Property. F. The Parties desire to entór into this Agreement to govern the design, bidding, construction, construction management, approval and acceptance of the replacement project; to provide generally for operation and maintenance of the replacement project after completion on 1 909061.1 - 361395 -0001 6.a Packet Pg. 16 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : an interim basis while the parties continue to negotiate a long term Site Management Plan; and finally, to provide for inclusion of certain City projects in the replacement project as consideration for the impacts the replacement project will have on recreational opportunities during construction. AGREEMENT 1. Incorporation of Recitals. The recitals are incorporated and ratified. 2. King County as Service Provider. The City acknowledges that King County, operating primarily through the Water and Land Resources Division of the Department of Natural Resources and Parks, provides services to the District pursuant to an Interlocal agrcement between the District and King County. Thus, the City acknowledges that the duties and obligations of the District under this Agreement will be carried out or satisfied by either the District or King County. 3. Term-Effeciive Date a. This Agreement will be effective when the second party signs. b. The term of this Agreement shail run until the end of the maintenance and monitoring poriod as defined in the tJS Army Corps of Engineers permit the District obtains for the project, which is estimated to be fur ten (10) years after constn:ction is complete. 4 Proiect Description and Specifications Ttre project is a replacement of the existing levee on the right bank of the Green River Green River in the City from River Mile 17.85 to 19.25 (between S. 212th St- and S. 228th St.), commonly referred to as the Lower Russell Levee Setback Project ("Proiect"). The Project is described briefly and depieted on Exhibit A and ineludes relocation of the existing Van Doren's Park and the construction of additional recreational amenities as described in Section 9 below. D b. The height of the existing levee will be increased to achieve the Lower Green River System-Wide Improvement Framework's provisional floodprotection goalof 0.2o/o annual chance (500-year) or 18,800 cfs (as measured at Aubum USGS gate), plus three (3) feet offreeboard. 5 4.. Proiect Responsibilitv and General Requirements The District will design, bid, construct, manage, approve, accept, operate and maintain the Prdect in accordance with all applicable laws, regulations, standards and guidelines, including without limitation the following: District resolutions and policies; Landscape architecture and engineering design standards and guidance; 2 909061.1 - 361395 -0001 6.a Packet Pg. 17 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : 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 Project plans and specificationsV e b. The City will assist the District with the Project by acquiring the property under the terms of the Property Acquisition Agreement, by conveying to the District those property interests as provided for by this Agreement, by participating in Project construction meetings with the District and its Contractor(s), and in other matters as the parties may agree. c. The District will invite the City to all construction meetings between the District and the Contractor. d. The District will assist the City in obtaining FEMA accreditation for the Project, consistent with Section 18 of this Agreement. The Dishict will provide the City with a Project schedule and construction documents, including but not limited to drawings and specifications. f. The District shall apply for and obtain all necessary Project permits and approvals, and the City agrees to assist the District as the parties may agree,which may include providing information to permitting agencies, as may be requested, concerning the city's properties and its partnership with the District on the project. g. The District will provide all construction administration and construction management services, directly or through its agreement with King County, as may be necessary to attain the parties' goal of construction completion by November 2022. h. The District shall include in the Project construction contracts language that indemnifies the District and the City from claims arising out of the negligent or willful misconduct ofthe contractors and their ofÍicials, officers, employees, agents and subcontractors; a waiver by contractors of their Title 51 RCV/ immunity; and insurance coverage in the types and amounts sufficient to cover the risk associated with the contractors' work that includes an endorsement extending coverage to the City as an additional insured. The District shall provide a copy of the Project construction contract to the City. 3 909061.1 - 361395 -0001 6.a Packet Pg. 18 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : j. The District shall protect in place, replace or relocate, as the parties may mutually agree, all existing utilities on City real property if impacted by the Project. k. Given the joint and cooperative nature of this Project, and to the extent necessary and appropriate to accommodate the project, the City will exercise its relocation rights under City franchise agreements to relocate any privately-owned utilities. L The City shall have the right, but not the obligation, to inspect and observe the construction of the Project, so long as the City's inspection and observation do not unreasonabiy interfere with or deiay Project construction. m. Notwithstanding the additional obligations in Sections 9 and 10 of this Agteement concerning parks and recreation amenities and features, the District will provide the City wittr an opportunity to review and comrnent on changes to project schedule and coirstn-iction documents including but not limited to drawings and specifications. The District shall consider the City's cornnnents prior to making the final decision on changes. n. The City will document the pavement condition of streeis to be used by the District's contractors as haul routes and provide this document to the District prior to the District's contractors using the haul routes. If over the course of the Project's construction the pavement condition worsens, the District shall repair the pavement or other damage caused to City streets by the Project's construction within a yeat offinal acceptance. o. The District shall require the to provide a one-year warranty for the Project in general and a two-year warranty for landscaping and plants of the Project. For purposes of this Agteement, "final acceptance" means that all construction has been completed in accordance with the plans and specifications, all punch list items have been corrected, the contractor has submitted an application for fînal payment, the period for filing construction liens has passed, and all retainage releases have been received' p. Notwithstanding the specif,rc City approval requiredby Section 10, the District shall give notice in writing to the City at least thirty (30) days prior to the District's final acceptance of the Project, or any part thereof. TTie Districi shali considet airy comments by the City, including punch lists, prior to final acceptance of the Project. q. The District shall provide to the City record drawings of the Project in pdf and if requested in Auto CAD format. 6. Acauisition of Propertv and Propertv Rights a. The Parties agree to respectively perform their obligations under the Property Acquisition Agreement. 4 909061.1 - 361395 -0001 6.a Packet Pg. 19 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : b. The District has acquired the Noble'Warehouse Property (Tax parcel 102204-9021) and the Holiday Kennel and Gagliardi Properties (Tax parcels 102204-9016 and 10224-9027) (collectively, "District Properties"). i. The Parties acknowledge that some tenants remain and some structures require demolition. ii. Once the District legally removes any remaining tenants from the properties, the District shall demolish all structures at the District's cost. iii. Once the tenants have vacated, the structures have been removed, and the demolition debris removed, the District will transfer title of the District Properties to the City, subject to those restrictions imposed by a Department of Ecology (DOE) covenant the parties negotiated with DOE conceming a grant the District utilized to support purchase of the District Properties. A copy of the DOE covenant is attached and incorporated as Exhibit Once the District Properties are transferred to the City, this DOE Covenant will be recorded against the District Properties, which will restrict the purposes for which they may be used. 1. The parties desire to transfer title to the District Properties before construction commences on the existing Van Doren's Park property, but such transfer is entirely contingent on whether the tenants have been removed from the District Properties and any existing structures have been demolished and removed. 2. If environmental testing confirms the presence of hazardous substances that require remedial action under Model Toxics Control Act ("MTCA") regulations or the Department of Ecology, the District shall undertake and complete all such remedial action as is required by MTCA or DOE prior to its transfer of title of the District's Properties to the City. In no event will the City accept title to contaminated property, or undertake any clean-up responsibilities or costs, with respect to the District Properties. c. In exchange for the District providing replacement property and performing as this Agreement provides, the City shall provide to the District easements or other appropriate property rights, such as street use permits, licenses, use agreements and franchises ("Property Rights"), on the City-owned property identified on Exhibit B, for the purpose of design, construction, operation, maintenance, repair and replacement of the Project, and access to the Project for such purposes. The Property Rights documents shall be of a type, in a form and with terms and conditions mutually acceptable to the parties. The Property Rights are as follows: i. Levee-maintenance access over and extending 1S-feet out on both sides oflevee base. 5 909061.1 - 361395 -0001 6.a Packet Pg. 20 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : Floodwall (South of PSE trail corridor) -extending 1S-feet on both sides of new floodwall. iii. Habitat Area A (Riverward of levee, south of S. 212th St ROW, north of Habitat Area B and Green River Trail)- Vegetation management and perpetual maintenance access over rock barbs and revetment scour protection. iv. Fiabitat Area B (V/est anci northwest of new Van Doren's Park boundary) - Vegetation and sediment management within basin and river connecting channel. \/Riparian Area C (150 feet landward of River's edge (ordinary high water mark, between rrew Van Doren's Park and S. 228th Sireet) - Vegetation management during required permitting rnonitoring period. ,l -!'r¡a fì;('t;,'â -L..,ll *-,-..i-- fL- a;i., i,-. ¡*.,n1 D?t!ñait!¡ Þiryht.. rin itr!+- \le-..'-, Vrrtt Tìra!-Ãi'!tç!i. iiiç ijiÞ¿iivi, ùi¡qii iç\iúiiV ¡,¡¡V v¡ùJ ùU óror¡! r rvyvr!J r\16¡r!ù vr¡ ûrrv rrvvv v Qrr vv¡vlr ù Park eonsistent with the Department of Ecology covenant as provided for in Section 6.b.iii. e. The District's obligations and duties and the City's rights and benef,rts under this Agreement constitute just and full compensation for the Property Rights granted by the City to the District. f,documents at the _C_!!ylqlqst copies to the District. 7. Access to Properties During Construction a. During construction, the District will provide suitable access to the City's nursery (from the existing Russell Road or a new roadway), and maintain emergency fire access to the TIAA-CREF buildings. b. The District will provide access as the parties mutually agree is suitable for public access to the FSE Con-iclor Traii and pedestrian bridge that intersects Russell Road during Project construction. The District will maintain trail connections as long as possible, but if the District must close the PSE Corridor Trail and pedestrian bridge, the District will give the City thirty (30) days' advance notice of the need for that closure and the dates for which closure is required. No closure shall occur longer than fourteen (14) days unless the parties agree otherwise. The District will minimize the closure to the greatest extent possible. c. The District and City agree that it is critical to reduce the downtime of recreational opportunities and they agree to maintain trail connections and park access as long as possible, limiting closure to the least amount of time necessary. 6 909061.1 - 361395 -0001 6.a Packet Pg. 21 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : 8. Deed Restrictions or Conversion Oblisations The District will provide property, at the District's cost and expense, to replace those portions of the GRNRA property being exchanged with the KOA Campground and used for active recreation on the relocated Van Doren's Park, which King County has advised is inconsistent with its existing grant requirements and requires conversion and replacement by the City. 9. Citv Additional Proiects (Citv Amenities) a. The District has developed plans for the construction of City recreational amenities, described on Exhibit C ("City Amenities"), in conjunction with the Project. These recreational amenities are: a New Russell Woods trailhead; a new section of Green River Trail; an observation tower; a wider boat launch ramp; and a regional trail between the S. 228th Street bridge and the PSE Trail Corridor . b. The City Amenities shall be designed and constructed, at the District's cost and expense, in accordance with the design drawings and specifications approved by the City. c. The City must approve by email any change orders that modify the design, technical specifications, function or operation of a City Amenity, including any change to site grading or materials. If the City fails to respond to a District request to approve a change order for a City Amenity within two (2) business days, or such longer time as the District and City may agree, the City will be deemed to have approved the change order. 10. Van Doren's Park a. As part of the Project, the District shall relocate, at the District's cost and expense, the existing Van Doren's Park by designing and constructing a replacement park as shown on Exhibit A ("New Van Doren's Park"). b. The New Van Doren's Park shall be designed and constructed, at the District's cost and expense, in accordance with the design drawings and specifications approved by the City. c. With the full involvement and cooperation with the City, the District shall plan and design the New Van Doren's Park, to the extent agreed upon by the Parties. The City must approve the final design, specifications and drawings of the components of the New Van Doren's Park, and shall do so within twenty-one (21) days of receipt of such f,rnal design, specifications and drawings from the District. d. The District shall give written notice to the City at least sixty (60) days prior to the District's intended final acceptance of the New Van Doren's Park. If, within this 7 909061.1 - 361.395 -0001 6.a Packet Pg. 22 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : 60 day period, the City identifies any construction that fails to conform to the plans and specifications, or punch list items requiring correction or completion, the District shall require the contractor to correct the nonconformity or complete the punch list items prior to final acceptance of the New Van Doren's Park. e. The District shall pay all costs associated with relocating and reconstructing Van Doren's Park. f. Following final acceptance of the New Van Doren's Park, the City shali operate, maintain and repair the Park in accordance with City rules, regulations and policies, and available funding. g. The City must approve by email any change orders that modify the design, function or operation of Van Dorenos Park, including any change to site grading or materials" lf the City faiis to respond to a Distric'r request to approve a ehange order for Van Doren's Park within two (2) business days, or such longer time as the District and City may agree, the City will be deemed to have approved the change order. 11" Habitat Area A a. The Parties agree that the future best use of Habitat Area A will be its primary management as an off-channel backwater embayment for salmon rearing and a high flow refuge habitat. The Parties have selected a preferred altemative for Habitat Area A as shown and described on Exhibit D. The Parties agree that design of this aiternative is informeci by monitoring oi se<üment iieposits anci other feasibiiity factors. b. The Parties must agree upon the design and construction specifications and drawings for Habitat Area A, consistent with its future best use. c. The District and City will seek grant funding for construction of Habitat Area A. By seeking grant funding, the District and City do not commit to or guarantee any future level of funding or maintenance of Habitat Area A. 12. Frager Road. If the Project causes chrannel migraiiorr, erosion ortoe scour ai Fr-ager Road or the Frager Road trail, the District will evaluate the erosion or toe scour consistent with District rules, regulations and policies. If the District determines that repair is necessary, the District will prioritize the repair consistent with District rules, regulations and policies. 13. Roads. Recreational Facilities and Utilities-City Responsibilitv. Following finai acceptance of the Project, the City shall operate, maintain and repair Russell Road, any new roads constructed as part of the Project, and any public utilities. 14. New Agreement.During the term of this Agreement, the Parties shall negotiate and attempt to execute a new agreement that includes the monitoring, operation, maintenance and 8 909061.1 - 361395 -0001 6.a Packet Pg. 23 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : repair of the Project, as well as any terms and conditions of this Agreement that will survive expiration of this Agreement ("New Agreement"). 15. Site Manasement Plan (Operation and Maintenance) a, During the term of this Agreement, the Parties shall negotiate and attempt to agree upon long-term rules, regulations and policies for the monitoring, operation, maintenance and repair of the Project ("Site Management Plan"). b. If agreed upon, the Site Management Plan shall supersede applicable terms and conditions of this Agreement. c. If the Parties fail to agree upon a Site Management Plan before expiration of this Agreement, the District shall monitor, operate, maintain and repair the Project areas to which the District has property rights consistent with the current version of District rules, regulations and policies, based on available funds. 16. Operation. Maintenance and Repair of Existing Levees and Proiect - General a. Before and after expiration of this Agreement, the District shall monitor, operate, maintain and repair existing levees and the Project consistent with District rules, regulations and policies, based on available funding, except as provided otherwise in this Agreement or in a new Agreement, as applicable. b. The City acknowledges receipt of the District's rules, regulations and policies on the effective date of this Agreement. c. Before expiration of this Agreement, either the existing levee or a new levee or floodwall shall be in place and operational throughout the Project area during each flood season of this Agreement. d. After final acceptance and during the term of this Agreement, the City will maintain regional and secondary trail clear zones and adjacent vegetation in accordance with standards agreed to by the Parties. e. After expiration of this Agreement, the City shall operate, maintain and repair parts of the GRNRA outside of Habitat Area B and the portion of Area A riverward of the maintenance access corridor, as shown on Exhibit A. f. During the term of this Agreement, the District will monitor scour conditions of the Project, taking into account the long-term stability of the Project and the protection of City recreation, transportation and utility infrastructure that are on the riverward side of the Project. 9 909061.1 - 36139s -0001 6.a Packet Pg. 24 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : g. During the term of this Agreement, the District will consider stability problems of and issues with the Project in accordance with District rules, regulations and policies, and the District will take appropriate action based on available funding. h. The District will restore any parts of the Project that are damaged by the District's maintenance activities. The projected Green River channel migration is shown on Exhibit E. The Cityhas volunteered to place certain City facilities on the riverward side of the Project to benefit the regionai flood risk reduction aspects of the Project. The District will monitor the channel for scour and implement scour protection to prevent channel migration (river's edge at summer low flow) from reaching the line on Exhibit E, attached and incorporated by this reference. 77. Operation. Mainienance and Repair-- Habitat Areas A and B a. Taking into account the ecological benefit and plant density of Habitat Areas A and Þ +L- T\,;-+;^+ .L^1.! *^-;+^- n¡qrr¡íe rr:i¡lrriyi r:r:¡1 ¡o¡r"i¡ th+ t{,-rhifqt .À- re¡.:if, üiifi -iii¡itii\iü öii¿iii iiiuiiiL\ii, vijvi(¡úú, ii¡q¡¡¡lol¡r 4¡ru LwyøtL u¡rv rtsvr!s consistent with District rules, regulations and policies, based on available funding. On the effective date of this Agreement, these rules, regulations and policies inelude buJ are not limited to applicable permit requirements, the Lower Russell Levee Setback Site Management Plan, the King County Flood HazardManagement Plan policies, the Green River System Wide Improvement Framework. and the Lower Green River Flood Hazard Management Plan. Specff,tce4y, t¡e Ðlqt¡lct Ëþqii-,qqqq.tl lqyasive veg-eialig¡ 1n qqqoj4q4ee w!11In permit requirements and shall support the establishment of shade trees over time meeting permit obligations. c.The District shall inspect the Habitat Areas at least annually, according to permit requirements or the approved Site Management Plan, upon acceptance. The Parties agree that the District's monitoring, operation, maintenance and repair of the Habitat Areas will be more frequent during the first ten years of the existence of the Habitat Areas. 18. FEMA Accreditation a. If the City seeks FEMA accreditation of the Project, or any portion of it, the City shall be responsible for preparing and submitting the required documents and information. b. Upon request, the District will provide existing documents in support of the City's efforts 19, Immunitv. This Agreement shall not be construed to reduce the statutory immunity that the District, County or City enjoys regarding the provision of flood protection. Ð 909061.1 - 361395 -0001 L0 6.a Packet Pg. 25 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : 20. Dispute Resolution. The Parties will seek to resolve any disputes under this Agreement as follows: a. Participation. In the event that any dispute arises between the parties as to the interpretation or application of any term of this Agreement, or as to the validity of any claim made by either party against the other as a result of this Agreement, and the parties are unable to resolve the dispute through negotiations, the parties agree to participate in a nonbinding, neutral evaluation and mediation of their dispute at a mutually agreeable location prior to commencing legal action. Either party may request that any dispute be submitted to neutral evaluation and mediation at any time upon giving written notice to the other party. b. Selection of Mediator. Upon giving notice by either party as provided above, the parties shall attempt to select a neutral person to evaluate and mediate the dispute. If, after thirty (30) days, the parties cannot agree on any of the persons named, or if acceptable persons are unable to serve, or if for any reason the appointment of a neutral person cannot be made, either party may terminate the dispute resolution process or the parties may, by agreement, seek other means of resolution. c. Conflicts of Interest. Each party shall promptly disclose to the other any circumstances known by it that would cause justiflrable doubt as to the independence or impartiality of any individual under consideration or appointed as a neutral mediator. Any such individual shall promptly disclose such circumstances to the parties. If any such circumstances are disclosed, the individual shall not serve as neutral mediator unless both parties agree in writing. d. Compensation of Mediator. The neutral mediator's charges shall be established at the time of appointment. Unless the parties otherwise agree, the fees and expenses of the neutral mediator shall be split equally and each party shall bear its own costs and expenses. Mediation Session. The mediation session is intended to provide each party with an opportunity to present its best cause and position to the other party and the neutral mediator and for the parties to receive opinions and recommendations from the neutral mediator. The neutral mediator shall facilitate communications between the parties, identify issues, and generate options for settlement. The neutral mediator shall also discuss with each party separately the neutral mediator's opinion and evaluation of the strengths and weaknesses of that party's position. The terms of any settlement made by the parties as the result of the mediation shall be set out in writing. f. Confidentialit)¡. The dispute resolution process identified in this paragraph is a compromise negotiation. The parties agree to maintain in confidence all offbrs, promises, conduct, and statements, oral or written, made in the course of the mediation by either of the parties, their agents, employees, experts, representatives 909061.1 - 36139s -0001 tT 6.a Packet Pg. 26 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : or attorneys, or by the neutral mediator and agtee that the same shall be deemed negotiations in pursuit of settlement and compromise and not admissible or discoverable in subsequent legal proceedings pursuant to 'Washington Evidence Rule 408. The neutral mediator shall be disqualified as a trial or deposition witness, consultant, or expert of either party. g. Reservation of Rights. In the event that the parties are unable to resolve the dispute through the dispute resolution process established in this paragraph, the parties reservs any and all other rights and remedies available to each of them regarding such dispute. 21. Third Parties. This Agreement and any activities authorized hereunder shall not be construed as grantin g any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood darnage to any person, entity or property, and nothing contained herein shall be constn:ed as waiving any immunity to liability to tlie City, the District or King County, granted under state statute, including Chapters 86.12 and 86. i 5 RCW, or as otherwise granted or provided for by law. 22. Indemnification. To the maximum extent pennitted by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its officials, employees, principals and agents, fiom any and all elaims, demaads, 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, effors 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 causeci by or resuit tlom the soie negiigence or wiiifui misconduct of the District or its agç4r!s, _or rBpre q gq!g!!_vq s,or the c1!v 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 RCV/, 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 ciaims made by the indemnitor's employees. This waiver has been mutually negotiated. 23. 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. 909061.1 - 361395 -0001 T2 6.a Packet Pg. 27 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : 24. Miscellaneous a. Mutual Cooperation and Good Faith. The Parties shall fully and in good faith cooperate with each other to accomplish each of the activities provided for in this Agreement. Should issues arise during the term of the Agreement, the parties agree to work diligently with each other to develop mutual solutions to accomplish each other's stated goals and objectives. b. 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. c. 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 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 business day after the deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall be deemed given three 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 V/orks Director Brian Levenhagen, Parks Deputy Director 220 Fourth Avenue South Kent, V/A 98032 Phone: (253)856-5500 and (253)856-5 1 00 Email: tlaporte@KentWA.gov bj levenhagen@kentwa. gov and To District:Michelle Clark, Executive Director 516 Third Avenue, Room 1200 Seattle, V/A 98104 Phone: (206) 477-2985 Email: michelle.clark@kingcounty. gov Any Party may change its address for the purpose of receiving notices as herein provided by a written notice given in the manner aforesaid to the other Party. 909061.1 - 361395 -OOO1 L3 6.a Packet Pg. 28 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : d. Mutual Release/Consideration. As part of the consideration for this Agreement, the Parties agree to mutually release any and all claims known or unknown related to prior, submitted reimbursement requests between the City and the District. e. Severabilit]¡. If any provisions of this Agreement or its application are held invalid, the remainder shall not be affected. f. Authority. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. g. Entire Aereement. This Agreement, together with Exhibits A and B, represent a fulI recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. 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: Its: Dana Raiph Mayor DATE APPROVED AS TO FORM Reagan Dunn Its: Board Chair DATE: APPROVED AS TO FORM: By:B City Attorney District Attorney 909061.1 - 361395 -0001 L4 6.a Packet Pg. 29 At t a c h m e n t : I L A f o r A c q u i s i t i o n c o n v e y a n c e o f e a s e m e n t s d e s i g n p e r m i t t i n g c o n s t r u c t i o n O & M L o w e r R u s s e l l L e v e e S e t b a c k P r o j e c t ( 1 7 8 9 : PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: May 20, 2019 TO: Public Works Committee SUBJECT: Information Only - Republic Services Proposed Price Increases SUMMARY: • In accordance with the City’s solid waste contract authorized by Council in 2015, collection rates are allowed to adjust annually for inflation. Residents and businesses will see a small rate increase on their garbage bills starting on June 1. Residential customers can expect a 0.4% increase in their rates (before taxes) effective June 1st. • Due to more stringent regulations from the Department of Ecology, Cedar Grove, where the City’s yard waste and compost is disposed of by the hauler (Republic Services), has changed its system to produce cleaner compost. As a result, they have increased tipping fees charged to Republic Services. Republic Services is requesting a rate increase to offset these increased tipping fees ranging from $0.06 to $0.63 per month ($0.19 increase per month for a resident with a 32-gallon container). Staff are analyzing this request. • Republic has also requested that a “Recycle Processing Surcharge” be added to customer’s bills to offset the decreasing value of recyclable materials due to closure of the recyclables markets in China. Staff seeks Council guidance on whether to consider this fee as part of a contract renegotiation. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Sustainable Services 7 Packet Pg. 30 PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: May 20, 2019 TO: Public Works Committee SUBJECT: Information Only - Quiet Zone Update SUMMARY: Union Pacific Railroad (UPRR) Staff are working with the Washington State Department of Transportation for the ability to include Willis St (SR 516) in the UPRR Quiet Zone. SR 516 is a limited access highway at the UPRR crossing and the state owns and controls the highway. We are pursuing two options. The first is to have this section of SR 516 changed from limited access to managed access which would give the City operational control of the crossing. The second is a maintenance agreement for the signs and pavement markings related to the railroad crossing and asking WSDOT for a letter of “no issue” with the establishment of the Quiet Zone. BNSF Railway The application to the Federal Railroad Administration (FRA) to establish a quiet zone on the BNSF mainline was submitted on April 3, 2019. We are in the 60-day comment period where the railroads (BNSF, Sound Transit, and Amtrak), the Washington State Department of Transportation, and the Washington Utilities and Transportation Commission can submit comments related to our application before the FRA makes a determination. Quiet Zone Timeline Staff will present the history of quiet zone efforts in Kent. Staff will also present schedules for establishing quiet zones going forward. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Sustainable Services ATTACHMENTS: 1. 8A - QZ Timeline BNSF (PDF) 2. 8B - QZ Timeline UPRR (PDF) 3. 8C - QZ Timeline Common to Both (PDF) 8 Packet Pg. 31 BNSF Ma y   2 0 1 8 Ju n e   2 0 1 8 Ju l y   2 0 1 8 Au g u s t   2 0 1 8 Se p t e m b e r   2 0 1 8 Oc t o b e r   2 0 1 8 No v e m b e r   2 0 1 8 De c e m b e r   2 0 1 8 Ja n u a r y   2 0 1 9 Fe b r u a r y   2 0 1 9 Ma r c h   2 0 1 9 Ap r i l   2 0 1 9 Ma y   2 0 1 9 Ju n e   2 0 1 9 Ju l y   2 0 1 9 Au g u s t   2 0 1 9 Se p t e m b e r   2 0 1 9 Oc t o b e r   2 0 1 9 No v e m b e r   2 0 1 9 De c e m b e r   2 0 1 9 Ja n u a r y   2 0 2 0 Fe b r u a r y   2 0 2 0 Ma r c h   2 0 2 0 Ap r i l   2 0 2 0 Ma y   2 0 2 0 Ju n e   2 0 2 0 Ju l y   2 0 2 0 Au g u s t   2 0 2 0 Se p t e m b e r   2 0 2 0 Oc t o b e r   2 0 2 0 No v e m b e r   2 0 2 0 De c e m b e r   2 0 2 0 Ja n u a r y   2 0 2 1 Fe b r u a r y   2 0 2 1 Ma r c h   2 0 2 1 Ap r i l   2 0 2 1 Ma y   2 0 2 1 Ju n e   2 0 2 1 Ju l y   2 0 2 1 Au g u s t   2 0 2 1 Se p t e m b e r   2 0 2 1 Oc t o b e r   2 0 2 1 No v e m b e r   2 0 2 1 De c e m b e r   2 0 2 1 Ja n u a r y   2 0 2 2 Fe b r u a r y   2 0 2 2 Ma r c h   2 0 2 2 Ap r i l   2 0 2 2 Ma y   2 0 2 2 Ju n e   2 0 2 2 Ju l y   2 0 2 2 FRA Train Horn Rule Issued Quiet Zone First Presented to City Council FRA Train Horn Rule Amended Council Funds $300k for QZ Council Funds $2.7M for QZ Diagnostic Report Wayside Horn Demonstration NOI Prepration NOI Comment Period FRA Application Development Completed duration: Estimated Duration: Minimum Realistic Send Notice of Intent 60 days 60 days Quiet zone established  Petition UTC for grade crossing modifications 3 mo 15 mo Prepare construction documents and construct grade  crossing improvements 8 mo 12 mo FRA Reviews Application 2 mo 4 mo 8.a Packet Pg. 32 At t a c h m e n t : 8 A - Q Z T i m e l i n e B N S F ( 1 7 9 1 : I n f o r m a t i o n O n l y / Q u i e t Z o n e U p d a t e ) UPRR Ma y   2 0 1 8 Ju n e   2 0 1 8 Ju l y   2 0 1 8 Au g u s t   2 0 1 8 Se p t e m b e r   2 0 1 8 Oc t o b e r   2 0 1 8 No v e m b e r   2 0 1 8 De c e m b e r   2 0 1 8 Ja n u a r y   2 0 1 9 Fe b r u a r y   2 0 1 9 Ma r c h   2 0 1 9 Ap r i l   2 0 1 9 Ma y   2 0 1 9 Ju n e   2 0 1 9 Ju l y   2 0 1 9 Au g u s t   2 0 1 9 Se p t e m b e r   2 0 1 9 Oc t o b e r   2 0 1 9 No v e m b e r   2 0 1 9 De c e m b e r   2 0 1 9 Ja n u a r y   2 0 2 0 Fe b r u a r y   2 0 2 0 Ma r c h   2 0 2 0 Ap r i l   2 0 2 0 Ma y   2 0 2 0 Ju n e   2 0 2 0 Ju l y   2 0 2 0 Au g u s t   2 0 2 0 Se p t e m b e r   2 0 2 0 Oc t o b e r   2 0 2 0 No v e m b e r   2 0 2 0 De c e m b e r   2 0 2 0 Ja n u a r y   2 0 2 1 Fe b r u a r y   2 0 2 1 Ma r c h   2 0 2 1 Ap r i l   2 0 2 1 Ma y   2 0 2 1 Ju n e   2 0 2 1 Ju l y   2 0 2 1 Au g u s t   2 0 2 1 Se p t e m b e r   2 0 2 1 Oc t o b e r   2 0 2 1 No v e m b e r   2 0 2 1 De c e m b e r   2 0 2 1 Ja n u a r y   2 0 2 2 Fe b r u a r y   2 0 2 2 Ma r c h   2 0 2 2 Ap r i l   2 0 2 2 Ma y   2 0 2 2 Ju n e   2 0 2 2 Ju l y   2 0 2 2 FRA Train Horn Rule Issued Quiet Zone First Presented to City Council FRA Train Horn Rule Amended Council Funds $300k for QZ Council Funds $2.7M for QZ Diagnostic Report Wayside Horn Demonstration NOI Prepration NOI Comment Period 60 days Completed duration: Estimated Duration: Minimum Realistic Quiet zone established  15 mo Prepare construction documents and construct grade  crossing improvements 8 mo 10 mo Send Notice of Intent 60 days Agreement with WSDOT for Willis crossing or access  classification change 2 mo 9 mo Petition UTC for grade crossing modifications 3 mo 8.b Packet Pg. 33 At t a c h m e n t : 8 B - Q Z T i m e l i n e U P R R ( 1 7 9 1 : I n f o r m a t i o n O n l y / Q u i e t Z o n e U p d a t e ) Common to Both BNSF and UPRR Quiet Zones Ap r i l 2 0 0 5 Se p t e m b e r 2 0 0 5 Ap r i l 2 0 0 6 Ju n e 2 0 1 0 Au g u s t 2 0 1 1 Au g u s t 2 0 1 5 Se p t e m b e r 2 0 1 5 Ja n u a r y 2 0 1 6 Ja n u a r y 2 0 1 7 No v e m b e r 2 0 1 7 De c e m b e r 2 0 1 7 Ja n u a r y 2 0 1 8 Fe b r u a r y 2 0 1 8 Ma r c h 2 0 1 8 Ap r i l 2 0 1 8 Ma y 2 0 1 8 FRA Issues Train Horn Rule Quiet Zone First Presented to City Council FRA Train Horn Rule Amended Council Funds $150K for QZ Council Funds $300k for QZ Council Funds $2.7M for QZ BNSF Diagnostic Report UPRR Diagnostic Report Wayside Horn Demonstration NOI Prepration Completed duration: 8.c Packet Pg. 34 At t a c h m e n t : 8 C - Q Z T i m e l i n e C o m m o n t o B o t h ( 1 7 9 1 : I n f o r m a t i o n O n l y / Q u i e t Z o n e U p d a t e )