14-020 - City of Kent - Briscoe-Desimone Levee Repair

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limits of Tukwila as required to certify the levee and obtain a LOMR from FEMA. Whenever practical, Kent will provide Tukwila design drawings, specifications and cost estimates of needed improvements for Tukwila's review and prior written approval, which approval will not be unreasonably withheld. 4. AUTHORITY TO CONDEMN PROPERTY. Both parties have the authority, under Title 8 of the Revised Code of Washington, to condemn property for the protection of the public by the construction or reconstruction of this levee. Tukwila grants Kent the authority to condemn, or to acquire in lieu of condemnation, property within Tukwila, but only to the extent necessary to construct the levee improvements as evidenced by approved preliminary or final construction plans. 5. CONSTRUCTION OF NECESSARY IMPROVEMENTS. It is anticipated that one or more segments of the Desimone levee will require reconstruction in order to certify that the levee meets FEMA requirements. Tukwila grants Kent the authority to construct any necessary improvements to segments of the Desimone levee that are located within Tukwila; provided, Tukwila shall have the right to inspect all work done for workmanship and compliance with Tukwila's standards and to require corrections when necessary. Tukwila shall be invited to all construction meetings held by Kent. 6. COST SHARING All design, acquisition, and construction costs will be included under this Agreement, provided the location of the wall is consistent with KCFCD Resolution FCD2013 -02.2. Any changes specifically requested by Tukwila that result in cost increases will be paid by Tukwila. Tukwila will provide reimbursement to Kent within thirty (30) days of a request for reimbursement from Kent. Compliance with the Tukwila Shoreline Master Program will not be considered to be a change. The parties expect that all costs for work covered under this agreement will be covered by the state grant, KCFCD funding, or other grant sources. However, in the event any work, including design, property acquisition, permit, and CLOMR work performed after January 1, 2013, is not funded fully by other sources, funds are withdrawn, the project is not able to obtain a variance to the Tukwila Shoreline permit in order to construct the project consistent with KCFCD Resolution FCD2013 -02.2, or cost overruns exceed funding amounts, all work will cease and the two parties will meet to discuss available options to allow the project to move forward. Tukwila will be notified immediately of any design changes or substantial funding changes. 7. DESIGNATED REPRESENTATIVES. Each party shall designate a representative to meet, confer, evaluate and administer expenditure proposals in connection with these projects. The representatives shall meet as warranted at dates and times determined by them to be most convenient. The representatives are also empowered to designate, identify and develop procedures and processes for their interaction in connection with the administration of the project. 8. INSURANCE. Each party shall be responsible for maintaining, during the term of this Agreement, and at its sole cost and expense, insurance coverage in amounts determined to be sufficient by each party's representative. Interlocal with Tukwila - Desimone Levee Page 3 of 6 02/10/14