HomeMy WebLinkAbout94-051 - GRFCZD (Green River Flood Control Zone District) - Maintenance for Tukwila 205 Levee ProjectINTERLOCAL AGREEMENT BETWEEN THE GREEN RIVER FLOOD
CONTROL ZONE DISTRICT AND THE CITY OF TUKWILA
TO ESTABLISH MAINTENANCE RESPONSIBILITY
FOR THE TUKWILA 205 PROJECT
THIS AGREEMENT is entered into by and between the GREEN RIVER
FLOOD CONTROL ZONE DISTRICT, a quasi municipal corporation of
the State of Washington authorized under the provisions of
Revised Code of Washington (RCW) 86.15 (hereinafter referred
to as the "DISTRICT and the CITY OF TUKWILA, a municipal
corporation of the State of Washington (hereinafter referred
to as "TUKWILA to provide for maintenance of the United
States Army Corps of Engineers Lower Green River Section 205
Flood Protection Project (hereinafter referred to as the
TUKWILA 205 PROJECT located on the left bank of the Green
River in the City of Tukwila.
WHEREAS, the 1987 Green River Levee Improvement Plan (LIP),
which identifies new levee improvements to be
constructed in the Lower Green River Basin, includes
the TUKWILA 205 PROJECT among its highest priority
projects, known as the Phase One levee improvements;
and
94-051
Council Approval 2/7/1994
WHEREAS, TUKWILA and the U.S. Army Corps of Engineers shared
construction costs for the TUKWILA 205 PROJECT, with
TUKWILA serving as the project's local sponsor; and
WHEREAS, a Local Cooperation Agreement (LCA) was signed by
the U.S. Army Corps of Engineers and TUKWILA on
January 31, 1991 outlining the scope of work for the
TUKWILA 205 PROJECT and. identifying TUKWILA as the
responsible agency for maintenance of the project
upon completion; and
WHEREAS, the DISTRICT was activated in 1990 to provide a
funding base for operation and maintenance of a number
of Green River levees and revetments within the
DISTRICT's boundaries; and
WHEREAS, pursuant to Section 4.A.1 of King County Council
Resolution No. GR -1, approved on December 3, 1990,
new levee facilities contt cted by King County or
incorporated cities and towns within the DISTRICT
can be added to the DISTRICT's facility inventory for
maintenance and operation by the DISTRICT, provided
that the facility is approved by King County and
facility access is adequate; and
WHEREAS, the TUKWILA 205 PROJECT was completed in the spring
of 1992 and an Operations and Maintenance Manual for the
project was finalized by the Corps of Engineers in July
of 1993;
NOW, THEREFORE, the parties hereto agree as follows:
PURPOSE OF AGREEMENT:
The PURPOSE of this agreement is to establish maintenance
responsibilities for the TUKWILA 205 PROJECT between TUKWILA and
the DISTRICT.
RESPONSIBILITIES OF THE PARTIES:
A. GREEN RIVER FLOOD CONTROL ZONE DISTRICT
The DISTRICT will assume the following responsibilities for the
TUKWILA 205 PROJECT:
1. Annual maintenance assessments and maintenance for
the TUKWILA 205 PROJECT will be provided by the DISTRICT:
beginning in 1994;
2. Required maintenance of the TUKWILA 205 PROJECT will 6
provided by the DISTRICT in accordance with U.S. Army Corps
of Engineers' specifications;} required permits and approvals,
and will be consistent with TUE(WILA's local sponsor
responsibilities as outlined in the January 31, 1991 Local
Cooperation Agreement (LCA) with the Corps of Engineers and
in the Corps' Operations and Maintenance Manual for the
project (hereinafter referred to as the "CORPS' O &M
MANUAL
3. Funding for TUKWILA 205 PROJECT maintenance activities shall
be provided for in the DISTRICT's annual budget process,
pursuant to the provisions and limitations of Resolution GR -1
and annual Resolutions by the DISTRICT's Board of Supervisors
which authorize the DISTRICT budget and work program;
4. The DISTRICT will notify TUKWILA of the schedule and
results of annual maintenance assessments and of the
schedule for required maintenance work;
5. The DISTRICT shall be responsible for all supervision,
inspections, assessments, record keeping, reporting,
maintenance, and operations as set forth in Attachment A
hereto and as necessary for the administration of this
interlocal agreement.
B. CITY OF TUKWILa
TUKWILA will assume the following responsibilities for the
TUKWILA 205 PROJECT:
1. TUKWILA will be responsible for providing the DISTRICT with
the following information and guidance by December 31, 1993:
Final design plans and drawings for the TUKWILA 205
PROJECT;
All recorded easements and right -of -way documentd
associated with the TUKWILA 205 PROJECT;
Copies of all permits which were acquired by TUKWILA
and/or the Corps of Engineers for construction of the
TUKWILA 205 PROJECT;
The final Local Cooperation Agreement (LCA) and any
pertinent correspondence relating to the TUKWILA 205
PROJECT; and
A final copy of the CORPS' O &M MANUAL for the TUKWILA 205
PROJECT.
2. As local sponsor of the TUKWILA 205 PROJECT, TUKWILA will
retain sole responsibility for all provisions, costs,
requirements, and obligations not set forth in Attachment A
or included in the CORPS' O &M MANUAL as the responsibility of
the DISTRICT. Funding for TUKWILA's maintenance
responsibilities shall be provided for in TUKWILA's annual
budget process.
COST ESTIMATES:
Annual maintenance costs for the TUKWILA 205 PROJECT
were estimated to be $10,300 in a 1989 Corps of
Engineers' study titled "The Lower Green River Flood
Control Section 205 Study." All maintenance expenditures
will be subject to annual maintenance assessments and
available budgets for the repair of damage to the project.
EFFECTIVENESS AND DURATION:
This agreement shall be effective upon signature by all
parties. Its duration is indefinite.
AMENDMENTS AND EXTENSION OR TERMINATION:
This agreement may be amended, extended or terminated
only by written agreement of the parties hereto. Any
proposed changes will be presented to the legislative or
executive bodies of the parties for review and approval.
The agreement may be terminated by any party for any reason
upon provision of sixty days written notice to the remaining
party.
In the event of termination by either party, both
INDEMNIFICATION AND HOLD HARMLESS:
REAL AND PERSONAL PROPERTY
GREEN RIVER FLOOD CONTROL ZONE DISTRICT
The signing of this agreement
body of the GREEN RIVER FLOOD
at a meeting on 2 -f7/ 6 1 1
ATTEST
By:
Date:
TUKWILA
The signing of this agreement was authorized by the governing
body of the CITY OF TUKWILA adopted at a meeting on 21711q
1993.
ATTEST
B
Dat
parties are responsible for renegotiating maintenance
responsibilities for the TUKWILA 205 PROJECT as outlined in
Attachment A and the CORPS' O &M MANUAL attached hereto.
Further negotiation, if necessary, shall be subject to
the 1978 interlocal agreement which established the Green
River Basin Program, Exhibit A to that interlocal agreement,
and to decisions by the Board of Supervisors of the
District, as authorized per RCW 86.15.050.
Each party hereto agrees to defend, indemnify and hold
harmless the other party, its officers, agents, and
employees for all claims (including demands, suits,
penalties, losses, damages, or costs of any kind whatsoever)
to the extent such a claim arises from any party's sole or
concurrent negligent acts or omissions.
The acquisition, holding and disposal of any real and
personal property used in this cooperative undertaking
shall be the separate responsibility of each party.
y
was authorized by the governing
CONTROL ZONE DISTRICT, adopted
I- 19-9511
B Y 2
Title: CHAIRPERSON, GRFCZD
Board of Supervisors
Date: 3
B
Title: yor 'J
Date: c Q7
Ltd
TUKWILA 205 PROJECT INTERLOCAL AGREEMENT
ATTACHMENT A
"Division of Responsibilities for Maintenance
of the TUKWILA 205 PROJECT"
GREEN RIVER FLOOD CONTROL ZONE DISTRICT
The DISTRICT shall be responsible for all supervision,
inspections, assessments, record keeping, reporting,
maintenance, and normal and emergency operations as set forth in
Sections 2.01.d, 3.04 through 3.09, 4.02 through 4.06, 5.02, and
5.03 of the CORPS' O &M MANUAL, but only to the extent these apply
to the following specific elements of the TUKWILA 205 PROJECT:
(a) Modifications and improvements to the existing levee
system within the project area defined in Section 1.03,
to include all portions of existing levee sections which
were not substantially modified by construction of the
TUKWILA 205 PROJECT. These sections are referenced in
Section 1.06.a of the CORPS' O &M MANUAL, and are shown
on the TUKWILA 205 PROJECT drawings.
(b) Modifications and improvements to portions of
Christensen Road (in the City of Tukwila) and to
portions of Frager Road (in King County), with the
exception that all vehicular surfacing, paving, curbs,
gutters, sidewalks, storm drainage facilities and
appurtenances thereto necessary for the maintenance and
operation of these roadways as rights -of -way for
vehicular and /or pedestrian traffic shall remain the
sole responsibility of the respective local
jurisdiction, and not of the DISTRICT. This may limit
the DISTRICT's obligations otherwise pursuant to Section
4.03.a(1) (a) of the CORPS' O &M MANUAL.
(c) The P -17 Pump Station facility and all appurtenances
thereto which are or may be located within
rights -of -way, easements, or tracts of land granted
and /or conveyed to, and /or recorded in favor of the
DISTRICT. The District has no further obligation to
provide for interior drainage systems included within
the project definition and referenced or listed in
addition to the P -17 system in Sections 1.05, 1.06.b,
2.01.d, 3.07, 4.02.d(2), 4.04, and /or 4.05 of the
CORPS' O &M MANUAL, except: the District will, however,
fulfill the provisions of Sections 4.04. a (1) (a) (c) and
4.04.b(2) of the CORPS' O &M MANUAL regarding drainage
outfall structures where these pass through the levee,
to the extent such provisions are reasonably necessary
to fulfill the terms of Section 4.03.a(2)(a),(b). This
will include taking immediate steps to correct dangerous
conditions disclosed by any inspection or flood patrol.
(continued)
CITY OF TUKWILA
TUKWILA 205 PROJECT,INTERLOCAL AGREEMENT
ATTACHMENT A
(d) Measures for erosion control of all levee segments
within the TUKWILA 205 PROJECT area, such as slope
protection in the form of gabion walls (where
constructed as part of the project improvements), or as
provision of vegetative ground covers consistent with
the standards set forth in Section 4.06 of the CORPS
O &M MANUAL. The DISTRICT has no further obligation
to provide for landscaping improvements, plantings,
shrubs, trees, ground covers, park improvements,
recreational trails, other recreational facilities or
improvements, or any other landscape features included
within the project definition and referenced or listed
in addition to such erosion control measures in Sections
1.05, 1.06.c, 2.01.d, 4.03.a(1)(a),(b), and /or 4.06.a,b
of the CORPS' O &M MANUAL.
As local sponsor of the TUKWILA 205 PROJECT, TUKWILA will retain
sole responsibility for all other provisions, costs,
requirements, and obligations set forth in the January 31, 1991
Local Cooperation Agreement with the U.S. Army Corps of
Engineers, including all other provisions of the CORPS' O &M
MANUAL for the TUKWILA 205 PROJECT which are not specifically set
forth as responsibilities of the DISTRICT.
anuary 10, 1994
SL :rs
J10- 93WP:MI1
oncu1 nara.n i awv wn.nv., avna VaNlnabl
BOARD OF SUPERVISORS
GREG NICKELS v t'
Introduced by:
Proposed No.: 4;0!....-5
RESOLUTION NO. GR1994 -1
1
2 A RESOLUTION authorizing an interlocal
agreement between the Green River Flood
3 Control Zone District and the City of Tukwila
to establish maintenance responsibility for
4 the Tukwila 205 Project on the Green River.
5
6 WHEREAS, the Tukwila 205 Project, a levee improvement project on the
7 Green River constructed' by the U.S. Army Corps of Engineers, was
8 completed in the spring of 1992, and
9 WHEREAS, the City of Tukwila and the U.S. Army Corps of Engineers
10 shared construction costs for the Tukwila 205 Project, with Tukwila
11 serving as the project's local sponsor, and
12 WHEREAS, in accordance with the Corps of Engineers' Local
13 Cooperation Agreement for the project, Tukwila, as local sponsor, is to
14 assume all responsibility for maintenance of the completed project, and
15 WHEREAS, the Tukwila 205 Project is located within the boundaries of
16 the Green River Flood Control Zone District (District), and
17 WHEREAS, the District was activated in 1990 to provide funding for
18 maintenance of Green River levees and revetments within its boundaries,
19 and
20 WHEREAS, pursuant to Section 4.A.1 of Resolution No. GR- 1990 -1 of
21 the Green River Flood Control Zone District Board of Supervisors, new
22 levee facilities constructed within the District's boundaries can be
23 added to the District's facility inventory for maintenance and operation
24 by the District, provided that the facility is approved by King County
25 and facility access is adequate, and
26 WHEREAS, the Tukwila 205 Project meets King County design standards,
27 is an eligible project for District maintenancev and has been recommended
28 for addition to the District's facility inventory, and
29 WHEREAS, annual maintenance needs of this facility, upon addition to
30 the District's facility inventory, will be subject to competing
31 maintenance needs and to available funding during each budget cycle.
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WHEREAS, an Operations and Maintenance Manual for the project was
finalized by the U.S. Army Corps of Engineers in July of 1993, and
WHEREAS, the District and Tukwila agree that the interlocal
agreement, labeled "Attachment AN accurately and fairly divides
maintenance responsibilities set forth in the project's Operations and
Maintenance Manual between the two parties;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
Green River Flood Control Zone District:
The King County executive is hereby authorized to enter into an
interlocal agreement in substantially the same form as attached hereto as
"Attachment AN to share maintenance responsibility for the Tukwila 205
Project with the City of Tukwili. The District hereby agrees to carry
out its responsibilities as specified in the attached agreement.
14 INTRODUCED AND READ for the first time this /e day of
15 1921.
16 PASSED, this 7 day of 't mil 19 c �Y.
17
18 GREEN RIVER FLOOD CONTROL ZONE DISTRICT
BOARD OF SUPERVISORS
19 KING COUNTY, WASHINGTON
20 P
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24 ATTEST:
25
28t /.3 e
I erk of tfie b
28 Attachment:
A. Interlocal Agreement Tukwila 205 Project
Cnair
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