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

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AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Briscoe — Desimone Levee River Mile 14.3 to 17.0, Right Bank THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE ( "Agreement ") of the Briscoe — Desimone Levee, River Mile 14.3 to 17.0, Right Bank ( "Levee ") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation ( "City "), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi - municipal corporation of the State of Washington ( "District ") (collectively, the "Parties "). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks ( "WLRD "), as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River Levee System. B. The Briscoe - Desimone levee ( "Levee ") is a key part of the Green River levee system. The District Board of Supervisors desires to improve the Levee by constructing new floodwalls at four sites, known as Reaches 1, 2, 3 and 4, described and shown in Exhibit A (Sheet 1 of 4 and Sheet 3 of 4). The four floodwall projects will hereafter be referred to individually as "Reach "X" Project" or "Reach Project," and collectively as "Levee Project," "Levee Reaches," or "Reach Projects." The Levee Project is planned for construction from 2013 through 2015. The Reach 3 Project will be constructed first, beginning in 2013. C. Based on a collaborative effort, presentation and request to the State Legislature in the 2012 Legislative Session, the Legislature passed ESHB 6074 relating to the 2011 -2013 State Capital Budget. Section 3009 of ESHB 6074 appropriated $7,000,000 to the District for the "Briscoe- Desimone levee improvement project ". This amount was based on the City's estimated cost to construct the Reach 3 Project in order to meet National Flood Insurance Prograrn accreditation standards, and allow the Federal Emergency Management Agency ( "FEMA ") to verify compliance with such accreditation standards. Unless the State Legislature reappropriates the funds into the 2013 -2015 biennium, the appropriation will need to be expended prior to June 30, 2013 D. Using ESHB 6074 funds, the District desires to authorize and the City desires to construct the Reach 3 Project as soon as possible, in order to provide for the safety of the residents and businesses that will be protected by this levee. 1 EC approved (RB -RK)