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

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E. By Resolution FCD2013 -06, adopted on April 29, 2013, the District Board of Supervisors authorized the Chair of the Board to enter into a Grant Agreement (No. G1300118) with the state Department of Ecology relating to the use of the $7,000,000 for the Reach 3 Project ( "DOE. Agreement "). The DOE Agreement estimates that the cost of the Reach 3 Project will be $7,500,000, with a maximum grant amount of $7,000,000 and a maximum District contribution of $500,000. F. By Resolution FCD2013 -02.2, adopted on February 26, 2013, the District Board of Supervisors declared its intent to address urgent flood risk reduction needs throughout King County and to work cooperatively with Green River cities to manage flood plain resources. In this Resolution, the District Board of Supervisors also approved funding for the Levee Project under certain conditions and requirements to be satisfied by both the City and the District G. In Resolution FCD2013 -02.2, the District Board of Supervisors did not specify a maximum funding for the Levee Project. During the District Board of Supervisors' discussions of this Resolution, the City stated that the estimated cost of the Levee Project would be $17,000,000. The District Board of Supervisors required changes to the design of the Levee Project floodwalls and called for additional setbacks for the Reach 1 levee. The City also stated that the required design change would add an additional $1,000,000 to the Reach 1 Project cost, resulting in a total cost of $18.000,000 for the Levee Project. H. After adoption of Resolution FCD2013 -02.2, the City revised its estimate for construction of the Levee Project to $18,500,000. The District has not reviewed or analyzed this City estimate. I. The Parties desire to enter into this Agreement to establish the terms and conditions for the Levee Project, and for all four Reach Projects. J. By Motion FCD11 -02.1, adopted on July 6, 2011, the District Board of Supervisors adopted certain levee maintenance and repair standards and requirements and addressed countywide flood protection levels, levee accreditation and certification. This Motion is applicable to the Levee Project, to the extent that the Motion is consistent with Resolution FCD2013 -02.2. AGREEMENT Based upon the foregoing, the Parties agree as follows: 1. Incorporation of Recitals —Scope of Agreement. All recitals above are hereby incorporated and ratified as part of this Agreement. This Agreement establishes the teams and conditions for design, construction, installation, operation, maintenance and repair of improvements to the Levee and its four Reaches, as those terms are defined in the recitals above. 2 EC approved (RB -RK)