HomeMy WebLinkAboutCOW 2014-02-10 Item 3D - Interlocal Agreement - Briscoe/Desimone Levee with City of KentCOUNCIL AGENDA SYNOPSIS
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SPO\SOR'S There are four reaches (sections) of the Brisco/Desimone Levee that require repairs in
S1'\1M \RY order to provide a 100 -year level of flood protection. King County Flood Control District
has approved Kent's plan. As two reaches are located in Tukwila, an Interlocal Agreement
between Tukwila and Kent is needed that will authorize the work, designate SEPA
authority, grant condemnation authority, and allow Kent's contractors to work in Tukwila.
Kent will be required to meet Tukwifa's shoreline regulations.
ITEM INFORMATION
ITEM No.
81
STAFF SPONSOR: BOB GIBERSON
ORI[GI \.1I. E•: \DA D.1'ii :: 02/10/14
AGENDA ITEM Trnii
Brisco
Interlocal
/Desimone Levee
Agreement with the City of Kent
ciis ion
02/10/14
_I lotion
Date 02/18/14
❑ Resolution
Altg Date
❑ Ordinance
.1I1g Date
❑ Bid /hoard
litg Date
❑ Public Hearing
11ig Date
❑ Other
1 lig Date
CATEGORY Dj
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SP[ \S()lt ❑ co,,,crl [] .Na ar ❑, Hl ❑ DGD ili I nunye ❑Fire ❑ IT ❑ P R ❑ I'oli�c° I:1 PIS'
SPO\SOR'S There are four reaches (sections) of the Brisco/Desimone Levee that require repairs in
S1'\1M \RY order to provide a 100 -year level of flood protection. King County Flood Control District
has approved Kent's plan. As two reaches are located in Tukwila, an Interlocal Agreement
between Tukwila and Kent is needed that will authorize the work, designate SEPA
authority, grant condemnation authority, and allow Kent's contractors to work in Tukwila.
Kent will be required to meet Tukwifa's shoreline regulations.
RI :VII : \t I7 BY
❑ COW i
itg. ❑ CA &P Cmte ❑ F &S Cmte
Cmte ❑Arts Cornm. ❑Parks Comm.
14 C() \ NII T`I'ES CHAIR:
r Transportation
Cmte
❑Planning Comm.
KATE KRULLER
@ t tilities
DA'rE: 02/'03/
RECOMMENDATIONS:
SP(� \soR /i�I)�II
Cc)MMJ'ITI
\. Public Works Department
.i : Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
1 XPl_ \I711'L'R1. RI,c �t 11U D AMOUNT BUDGETED . PPROPRIATION REQUIRED
$0.0O $O.00 $o.ao
Fund Source:
Co,nments:
MTG. DATE
RECORD OF COUNCIL ACTION
02/10/14
02/18/14
MTG. DATE
ATTACHMENTS
02/10/14
Informational Memorandum dated 01/31/14
Interlocal Agreement between the cities of Tukwila and Kent
Minutes from the April 22, 2013 Committee of the Whole and Special Meeting
Minutes from the Utilities Committee meeting of 02/03/14
02/18/14
81
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INFORMATIONAL ����������
nx�n ��u'�nmo��o n��n���u~ n�n�~n�n��n�u��u�����owo
T[] Mayor
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FROM : E�obC3ibmrson, Public Works Director'
By: Ryan Larsori, Senior Prograrn Manager
DATE: January 31.2O14
SUBJECT: Briaom/OmsirnoneLgvee
Project No. 81441202
Interlocal Agreement with the City of Kent
Haggerton, Mayor
ISSUE
Approve an InteMoDa| Agreement (ILA) with the City of Kent for repairs to the Br|aco/Des(rnone Levee.
BACKGROUND
The Bhs:o/Oesirnone Levee is 2.5 miles long and is located along the east side of the Green River
between s 18oh St in TukwHa arid S 200th s in Kerit. Both the City of Kent and King County Food
Control District (KOFCD) studied ways to improve the levee and bring it up to 100-year flood
protection standards. On February 26, 2013, the KCFCD approved the proposal from Kent to use
setback levees that are retained by walls on the landward side and assigned Kent responsibility for
design and construction of those improvements. An ILA between Kent and the KCFCD has been
executed.
Kent's studies have identified a total of four reaches (sections) of the BhSCO/DesinnVnS Levee that
require repairs in order to provide a 1O0-y8ar level of flood protection. Reach #1 is entirely within
Tukwila, Reach #2 has a small portion within Tukwila, and Reach #3 and #4 are entirely within the
City of Kent. A map of the individual reaches is located in Appendix C of the attached 1L/\.
ANALYSIS
In order for the City of Kent to perform work in the City of Tukwiis, an Interbcal Agreement must be
executed that authorizes the work, designates SEPA authority. grants condemnation authority, and
allows Kent's contractors to work within the City of Tukwila.
Staff from both cities has worked on the draft ILA that allows the City of Kent to act as our agent. The
agreement will require Kent to meet Tukwila's shoreline regulations as adopted by Tukwila or through
the variance process_
FINANCIAL IMPACT
KCFCD funding and secured grant funds are expected to cover all costs for the four Briscoe/
Desimone Levee reaches scheduled for repair. No Tukwila funding is anticipated at this time
RECOMMENDATION
The Council is being asked to approve an lnb+rlooe| Agreement with the City of Kent for repair work to
the BrisCo/OesirDVne Levee and consider this item at the February 10, 2014 Committee of the Whole
Meeting and subsequent February 18, 2014 Regular Council meeting
Attachment: Intel-local Agreement between Cities of Kent and Tukwila
����JECTS'A-onnojectskensw�mor." w1441202}s/nfo Memo ILA "^eri For Des:=~Bnscoe Levee docx
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT
AND THE CITY OF TUKWILA FOR CONSTRUCTION AND
ACCREDITATION OF THE DESIMONE LEVEE
THIS INTERLOCAL AGREEMENT is entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington between the
City of Kent, a Washington Municipal Corporation ( "Kent ") and the City of Tukwila,
a Washington Municipal Corporation ( "Tukwila ").
RECITALS
A. The Federal Emergency Management Agency (FEMA), the agency responsible for
the nation's flood insurance program, has determined that the Green River levees
do not have the documentation to be accredited to provide 100 -year flood level
protection.
B. FEMA is responsible for and is reissuing the Flood Insurance Rate Maps for the
Green River Valley. The preliminary map encompasses the cities of Kent and
Tukwila and shows a large segment of Kent and Tukwila to be within the 100 -year
flood -plain and floodway, even though they are behind existing levees. Properties
within the 100 -year flood plain typically must acquire costly flood insurance, are
subject to increased development standards, and subject to dramatic devaluation.
C. These flood insurance requirements act as a disincentive to development and
redevelopment in the Green River Valley.
D. Kent and Tukwila share a mutual boundary in an area along the Green River
that is protected by the " Desimone Levee." A breach in the Desimone Levee
section in Tukwila would inundate properties within both Kent and Tukwila.
E. Beginning in 2010, Kent prepared the necessary engineering studies to verify,
through FEMA's Conditional Letter of Map Revision process, that the levee segments
along the Green River are constructed to federal levee safety standards, and
identify any repairs needed in order to meet the standards. The study identified 2
weak portions of the levee system located in the city limits of Tukwila, see Exhibit
E.
F. Both parties desire to have the necessary repairs made to have the levee meet
federal levee safety standards.
G. Kent, along with King County, was instrumental in obtaining a $7,000,000 state
grant which was awarded to the King County Flood Control Zone District (KCFCD)
for Briscoe - Desimone Levee improvements, see Exhibit A.
H. The KCFCD passed Resolution FCD2013 -02.2 on February 26, 2013, providing
for use of the state grant, providing additional KCFCD funding for the Briscoe -
Desimone Levee project, supporting the use of setback levees that are retained by
Interlocal with Tukwila - Desimone Levee
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walls on the landward side, and assigning Kent responsibility for design and
construction of these setback levee improvements.
I. Kent entered into an interlocal agreement with the KCFCD on June 6, 2013, see
Exhibit B, relating to the use of state and KCFCD funds, assigning Kent as lead for
design, permitting and construction of the Briscoe - Desimone Levee project.
Tukwila desires that Kent act as lead agency for permitting, design and river levee
construction as well as certification of the Desimone Levee in Tukwila.
J. The Briscoe Levee is located along the right bank (easterly side) of the Green
River between S. 200th Street and S. 189th Street within Kent, River Mile 17.0 to
15.45. The Desimone Levee is located along the right bank of the Green River
between S. 189th Street and S. 180th Street within Tukwila, River Mile 15.45 to
14.3. The location of the Briscoe & Desimone Levees as shown on Exhibit C.
K. Because both parties desire to work together for the mutual and overall benefit
of their citizens and property owners, Kent shall be responsible for processing and
acquiring all permits, except for shoreline permits for work conducted within
Tukwila.
IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS, PROMISES, AND
BENEFITS ESTABLISHED BELOW, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
1. AUTHORITY TO PERFORM NECESSARY STUDIES. Tukwila grants to Kent
authority to perform all necessary studies, engineering investigations and all other
work necessary to prepare a Letter of Map Revision (LOMR) to accredit the
Desimone Levee, as shown in Exhibit E, whose failure would inundate a portion of
Tukwila and Kent. Kent will prepare all studies, submit LOMR applications and
respond to FEMA questions as needed to complete the LOMR process. Kent will
track all costs associated with this work.
2. PERMITTING AND SEPA REVIEW. Kent shall be responsible for conducting
SEPA review and for processing all permits necessary to complete the Desimone
levee improvements, except for shoreline permits required for work completed in
Tukwila, which shall be processed by Tukwila. Tukwila grants Kent the authority to
process and acquire permits for Tukwila and to conduct SEPA within Tukwila.
3. AUTHORITY TO PERFORM FINAL DESIGN OF NEEDED IMPROVEMENTS.
Tukwila hereby grants Kent the authority to perform all necessary design and
acquire necessary permits for needed repairs to the existing levees within the city
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.
Interlocal with Tukwila - Desimone Levee
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Page 2 of 6 01/24/14
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.
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.
9. INDEMNIFICATION. 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
Interlocal with Tukwila - Desimone Levee
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contractors, agents, employees and representatives in performing these obligations
under this Agreement. However, if any such damages and injuries to persons or
property are caused by or result from the concurrent negligence of Kent or its
contractors, employees, agents, or representatives, and the city of Tukwila or its
contractors, 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 Kent or Tukwila, 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.
10. RESOLUTION OF DISPUTES AND GOVERNING LAW. This agreement shall be
governed by and construed in accordance with the laws of the State of Washington.
If the parties are unable to settle any dispute, difference or claim arising from the
parties' performance of this agreement, the exclusive means of resolving that
dispute, difference or claim, shall only be by filing suit exclusively under the venue,
rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative dispute resolution process. In
any claim or lawsuit for damages arising from the parties' performance of this
agreement, each party shall pay all its legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit, including all appeals; provided,
however, nothing in this paragraph shall be construed to limit a party's right to
indemnification under Section 9 of this agreement.
11. WRITTEN NOTICE. All communications regarding this agreement shall be
sent to the parties' respective city clerks at the addresses listed on the signature
page of the agreement. Any written notice hereunder shall become effective three
(3) business days after the date of mailing by registered or certified mail.
12. ASSIGNMENT. Any assignment of this agreement by either party without the
written consent of the other party shall be void. If the non - assigning party gives its
consent to any assignment, the terms of this agreement shall continue in full force
and effect and no further assignment shall be made without additional written
consent.
13. MODIFICATION. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly
authorized representative of the parties. Modifications to this agreement shall not
require approval of the parties' respective city councils.
14. ENTIRE AGREEMENT. The written provisions and terms of this agreement,
together with any attached Exhibits, shall supersede all prior verbal statements of
any officer or other representative of the parties, and those statements shall not be
effective or be construed as entering into or forming a part of or altering in any
Interlocal with Tukwila - Desimone Levee
88
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manner this agreement. However, should any language in any of the Exhibits to
this agreement conflict with any language contained in this agreement, the terms of
this agreement shall prevail.
15. COMPLIANCE WITH LAWS. The parties agree to comply with all federal,
state, and local laws, rules, and regulations that are applicable to this agreement.
16. COUNTERPARTS. This agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
17. DURATION. This Agreement shall take effect on the date on which the second
party signs this Agreement, and shall remain in effect through December 31, 2023.
18. PURPOSE. The purpose of this agreement is to facilitate the accreditation and
construction of needed repairs of the Desimone Levee section because its failure could
inundate property within Kent and Tukwila.
19. ADMINISTRATION. Kent shall be the administrator of this agreement, with
oversight and assistance provided by the respective named representatives identified
in Section 7.
20. OWNERSHIP AND MAINTENANCE OF COMPLETED PROJECT. Upon completion
of the project, the responsibilities for maintenance and ownership of the
improvements shall revert back to the parties that had the maintenance
responsibilities and ownership prior to the commencement of this agreement.
21. TERMINATION. Any party may terminate this agreement, with or without
cause, upon providing the other parties not less than 180 calendar days advanced
written notice. A party terminating this agreement shall remain responsible for its
proportionate share of expenses incurred under this agreement.
22. COPIES OF THE AGREEMENT. Copies of this agreement shall be recorded in
King County or otherwise made public in conformance with the Interlocal Cooperation
Act.
23. AUDITS AND INSPECTIONS. The records and documents with respect to all
matters covered by this contract shall be subjected to inspection, review or audit by
the Parties at the requesting party's sole expense during the term of this Agreement
and six (6) years after expiration or termination. Such records shall be made
available for inspection during regular business hours within a reasonable time of the
request.
24. INTERLOCAL COOPERATION ACT. The purpose of this Agreement is to repair
the Desimone levee so that it meets federal levee safety standards. This Agreement
does not create a separate joint board or other legal or administrative entity. The
parties shall hold and dispose of property as set forth in this Agreement. The parties
are each responsible for their own finances in connection with this Agreement, and
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89
nothing in this Agreement shall be deemed or construed otherwise. The duration of
this Agreement shall be ten years from the date of final execution.
THIS AGREEMENT WILL TAKE EFFECT ON THE LAST DATE ENTERED BELOW.
CITY OF KENT:
220 Fourth Avenue South
Kent, WA 98032
By:
(signature)
Print Name: Suzette Cooke
Its: Mayor
(title)
DATE:
Attest:
, City Clerk
APPROVED AS TO FORM:
Kent Law Department
CITY OF TUKWILA:
6200 Southcenter Blvd.
Tukwila, WA 98188
By:
(signature)
Print Name: Jim Haggerton
Its: Mayor
(title)
DATE:
Attest:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
Shelley Kerslake, City Attorney
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DEPARTMENT OF
ECOLOGY
State of Washington
EXHIBIT /`i
Ecology Grant Agreement No. G1300118
between the
State of Washington Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
THIS is a binding agreement entered into by and between the State of Washington, Department of
Ecology, (PO Box 47600, Olympia, Washington, 98504 -7600) hereinafter referred to as the
"DEPARTMENT" or as "ECOLOGY" and the King County Flood Control Zone District, hereinafter
referred to as the "RECIPIENT" to carry out the activities described herein as authorized by the 2012
Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget.
Recipient Name:
Recipient Project Coordinator:
Telephone Number:
e -mail address:
King County Flood Control Zone District
Water and Land Resources Division
201 South Jackson, Suite 600
Seattle, WA 98104 -3855
Jennifer Rice
206 - 263 -0153
Jennifer. Rice(a�KingCountv.gov
Fiscal Contact for Recipient: Katrina Johnston
Telephone: 206 - 296 -1963
e -mail address: Katrina .JohnstonaKingcountv.gov
Payee on Warrant: King County Flood Control Zone District
(address as above)
Project Officer for the Department: David Radabaugh
SEA Program — NWRO
WA State Department of Ecology
3190 — 160`h Avenue SE, Bellevue, WA 98008 -5452
Telephone Number: 425 - 649 -4260
e -mail address: david.radabaughAecy.wa.gov
The source of funds provided by the DEPARTMENT are from the 2012 Washington State Legislature,
Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River
Briscoe / Desimone Levee.
Maximum Eligible 100% State Project Cost: $7,000,000
State Maximum Cost Share Rate: 100% UP TO a maximum State Share of $7,000,000 *.
This agreement is effective from January 1, 2013 through June 30, 2015.
Page 1 of 24
91
1
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Scope of Work
Project Title: Briscoe - Desimone Levee Improvements
Description: The project involves improvements to the Briscoe and Desimone levees which are on
the right (eastern) bank of the Green River between River Miles (RM) 14.3 -17.00 in
the cities of Kent and Tukwila.
The Briscoe and Desimone levees are aging earthen levees with over - steepened
slopes, a levee crest less than 12 feet wide, and toe scour protection that is generally
missing or inadequate. The adjoining river channel lacks adequate in- stream and
aquatic edge habitat structure, such as deep pools, large woody debris, and
overhanging cover. While originally built to provide flood risk reduction to farmland in
the Kent Valley, these aging levees now protect $2.8 billion worth of urban structures
and contents. A levee breach or overtopping in this location would have serious
implications including threats to public safety, damage to public infrastructure,
impacts on the regional economy, and damage to private structures (including homes
and businesses). Single -flood damage estimates for a failure of containment by
these levees exceed $830 million. The economic disruption to the valley would be
measured in years. Businesses with expensive and difficult to relocate or replace
industrial machinery are particularly at risk.
Because of these significant risks, improvements to this levee segment are a very
high priority to the City of Kent and the King County Flood Control District.
Work: The scope of this grant agreement focuses on the portion of the levee segment
that is between River Mile 15.98 and 16.36. The Recipient shall perform the
following work:
1
Scope of Work
Task 1: Project Coordination and Administration
The Recipient will coordinate throughout the grant period with Ecology and other
federal, state, local agencies, and Indian tribes. In its commitment to provide
technical assistance throughout the grant period, Ecology will meet with the
jurisdiction to present and discuss approaches to floodplain construction issues
before work begins.
This Task also covers expenses for the recipient to administer the grant including, but
not limited to: contract monitoring; coordinating with the Corps of Engineers, FEMA,
the City of Kent, and other parties; internal staff reviews; construction engineering
management; etc.
Cost: $500,000
State contribution: $500,000
Page 2 of 24
92
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Deliverable: Progress Reports are due quarterly for both years per the matrix that follows; see
Special Terms and Conditions, Paragraph 9 for details on progress reporting and
page 5 for invoicing information.
!' IRe t
06. 011.0, „,
` le iie
First Quarter
July 1 — September 30
October 30
Second Quarter
October 1 — December 31
January 30
Third Quarter
January 1 — March 31
April 30
Fourth Quarter
April 1 — June 30
July 30
Task 2: Right of Way (ROW) Plans and Property Acquisitions
Acquire ROW necessary for project, including 15 foot maintenance easement on the
landward side of the constructed flood wall. All properties acquired will be used to
enhance the levee system or used in perpetuity for open space purposes only.
Restrictions from future development will be placed on the deeds and will be recorded
on the titles. See Exhibit C for the restrictive covenant and related documents which
shall become part of the acquisition. Ecology shall be in receipt of complete
documentation before payment is released for the acquisition.
Cost: $400,000
State contribution: $ 0
Deliverable: (Two copies) Acquisition Report to include but not limited to:
1. A map showing the location of properties purchased;
2. List of properties with names / addresses acquired
3. Right of Way plans
4. Acquisition documents for each property including:
a. Title Reports
b. Appraisals
c. Appraisal Reviews
d. Environmental Assessments
e. Clean Site Certifications
f. Closing Statements
g. Offer Letters
h. Recorded Deeds and Easements with title restrictions in a form approved by
Ecology.
i. (Digital) photographic documentation of project properties before and after
project implementation in sufficient quantity / quality to effectively illustrate
project progress / demolition work.
Date Due: June 30, 2014
Page 3 of 24
93
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Task 3: Design Plans
The Recipient will prepare a detailed set of design plans for construction of an I -beam
flood wall that will meet or exceed FEMA accreditation requirements.
Cost: $875,000
State contribution: $875,000
Deliverable: (Two copies) Design Plans, signed and sealed by an engineer licensed in the State of
Washington and meeting FEMA accreditation requirements.-
Date Due: June 30, 2014
Task 4: Project Permits
The Recipient will acquire all permits and approvals necessary for project completion
in a timely manner and in accordance with the schedule below. This task includes
obtaining required federal, state, and local project permits and approvals, as well as
preparation of all necessary technical studies, engineering studies, and habitat
assessments. If a Letter of Map Revision (LOMR) is necessary, then the Conditional
LOMR process shall be utilized.
Permit Schedule
The following permits have been, or will be, obtained.
Permit Activity
Work Dates
Start
End
SEPA
2/2013
5/2013
NPDES Construction — Wash. Dept. of Ecology
3/2013
5/2013
Hydraulic Project Approval — WDF &W, if required
3/2013
5/2013
Shoreline Substantial Development
2/2013
6/2013
Shoreline Conditional Use Permit, if required
2/2013
6/2013
Flood Zone Permit, if required
3/2013
5/2013
Other, if required
Cost: $25,000
State Contribution $25,000
Deliverable: (Two copies) All Permits
Date Due: June 30, 2013
94
Page 4 of 24
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Task 5: Construction
Project construction will be conducted in accordance with approved plans,
specifications, permits, and generally accepted engineering practices. A contractor
will be hired to construct the floodwall to meet or exceed FEMA standards for 100
year flood levee certification.
Cost: $5,700,000
State contribution: $ 5,600,000
Deliverables:
• Two copies: As -built drawings, signed and sealed by a professional engineer
licensed in the State of Washington.
• Two copies: Final project summary report, signed by the Project Engineer
declaring that the project was, to the best of his /her knowledge, constructed and
completed in accordance with the construction plans and specifications and
generally accepted engineering /construction practice.
• Two sets: Digital photographic documentation of the project before and after
construction in sufficient quantity to effectively illustrate important phases of
construction and project progress.
Date Due: June 30, 2015
1
Budget
Budget Conditions
1. Project Administration: For the administration of this agreement the RECIPIENT must
follow the current edition of the Administrative Requirements for Ecology Grants and Loans
(Yellow Book).
2. Invoicing:
• Grants are awarded on a reimbursable basis. The Recipient initially pays project
costs in full. Upon presentation of an invoice to Ecology, Ecology's share of the
project is reimbursed to the Recipient.
• Expenditures will be monitored by the Ecology Fiscal Office for compliance with the
budget (see below). Budget deviations are allowed between tasks (e.g., a grantee
may spend less money on one task and more on another), but in no circumstances
may the state share of the project cost be exceeded without a prior written
amendment When submitting invoices to Ecology, the RECIPIENT shall itemize
all costs by task and provide subtotals by task on Ecology's Form C2, Voucher
Support Form. All payment requests must have forms A, B, C (and D if applicable),
be accompanied by supporting invoicing documents a commensurate progress
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Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
report, and receive Ecology Project Officer approval before payment can be
released.
NOTE: For payment requests, the RECIPIENT must use the Ecology forms
contained in the Yellow Book. Otherwise, Ecology will return requests to the
RECIPIENT for submittal on the correct forms.
• Forms - http: / /www.ecv.wa.gov /biblio /9118A.html
• Yellow Book - http: / /www.ecy.wa.gov /biblio /9118.html
• The RECIPIENT must maintain complete backup documents including but not
limited to all invoiced costs and time sheets - signed and dated by employee and
supervisor. The RECIPIENT must keep these expenses in grant files according to
budget task for a period of three years after project completion and make them
available at any time for inspection by the DEPARTMENT.
• Requests for reimbursement must be submitted at least quarterly but not more
than once per month by the RECIPIENT on state invoice voucher forms. Financial
reports will be submitted 45 days after the quarter closes. The indirect rate must
not exceed 25 percent of direct (staff) labor and benefit costs. This rate covers
space utilities, miscellaneous copying, telephone, motor pool, janitorial services,
records storage, rental, county fiscal and legal services, etc. Items not included in,
this list must be reported with the first payment request and must remain consistent
for the life of the grant.
• Right to Audit: The Recipient agrees that payment(s) made under this grant shall
be subject to reduction for amount charged thereto which are found after audit ex-
amination not to constitute allowable costs under this grant. The Recipient shall
refund by check payable to the DEPARTMENT the amount of such reduction of
payments under completed or terminated grants..
• Final payment of grant projects is contingent on receipt of viable deliverables as
listed in this grant agreement. A final invoice will be submitted 45 days after the final
quarter of the grant agreement.
2. Budget (for RECIPIENT reporting and Ecology tracking purposes):
The source of funds provided by the DEPARTMENT are from the 2011 -2013 Washington
State Legislature, SB 6074, §3009 Capital Budget. State Funding is as follows:
Maximum Eligible 100% State Project Cost: $7,000,000
Estimated Costs
Page 6 of 24
96
Work Item
State Cost
KCFCZD
Cost
Total Cost
Task 1
Project Coordination & Administration
$500,000
0
$500,000
Task 2
Right -of -way Plans & Property Acquisition
0
$400,000
$400,000
Task 3
Design Plans
875,000
0
$875,000
Task 4
Project Permits
25,000
0
$25,000
Task 5
Construction
5,600,000
100,000
$5,700,000
TOTAL PROJECT COST
$7,000,000 '
$500,000
$7,500,000
Page 6 of 24
96
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Special Terms and Conditions
AGREEMENT PROVISIONS
1. Compliance with all Laws: The Recipient shall comply fully with all applicable federal,
state and local laws, orders, regulations and permits.
2. Restrictions on Lobbying: The Recipient of this agreement Is prohibited from using
funds provided by this agreement for lobbying purposes in accordance with the
Administrative Requirements for Ecology Grants and Loans, Publication No. 91 -18,
current edition, Part III, Section G.
1
3. Local Decision: This grant is made in response to a request for financial assistance
from the Recipient to undertake flood damage prevention projects. The choice of
floodplain management activities addressed by this grant is a local decision made
solely by the Recipient. The Recipient is not acting as an agent of the State.
4. Lawsuits: The Department shall not be responsible for any non - contractual damage or
inverse condemnation claims resulting from the structures or works constructed, repaired,
restored, maintained, or improved pursuant to this grant.
5. Indemnification, Hold Harmless and Duty to Defend
a. The Department shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as
provided in the scope of work.
b. This paragraph applies to negligence based claims only. All other claims are
governed by paragraph 4 of this section. To the extent the constitution and laws of
the State of Washington permit, Recipient shall indemnify, defend and hold
harmless the State, its agencies, officers and employees, from all claims, suits or
actions brought for any or all injuries to persons or property arising from, or as a
consequence of, negligent acts or omissions related to the construction, restoration,
repair, maintenance, improvement or operation of the structures or works for which
this grant is provided. If the structures or works for which this grant is received are
a portion of an integrated flood protection system, Recipient agrees to indemnify,
defend and hold harmless the State of Washington, its agencies, employees, and
officers against any and all liability arising out of the operation, maintenance, or
repair of that integrated flood protection system; PROVIDED, however, that this
provision is not intended to and shall not be construed as a waiver by Recipient of
any immunities conferred upon the Recipient by RCW 86.12.037 nor is it intended
to, and it shall not be construed to, confer any rights upon third parties.
The Recipient will not be required to indemnify, defend, or save harmless the State,
its agencies, officers or employees as provided in the preceding paragraph of this
section if the claim, suit, or action for injuries, death, or damages is caused by the
sole negligence of the State. Where such claims, suits, or actions result from the
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Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
concurrent negligence of (a) the State, or the State's agents or employees and (b)
the Recipient or the Recipient's agents or employees, the indemnity provisions
provided in the preceding paragraphs of this section shall be valid and enforceable
only to the extent of the Recipient's negligence or the negligence of its agents and
employees.
c. To the extent that the constitution and laws of the State of Washington permit,
Recipient shall indemnify and hold harmless the State of Washington, its agencies,
employees, and officers against any and all liability arising out of the continued
operation, maintenance, or repair of the structures or works constructed, restored,
repaired, maintained or improved as a result of this grant. If the structures or works
for which this grant is received are portions of an integrated flood protection system,
Recipient agrees to indemnify, defend and hold harmless the State of Washington,
its agencies, employees, and officers against any and all liability arising out of the
operation, maintenance, or repair of that integrated flood protection system;
PROVIDED, however, that the indemnity provisions of this paragraph are not
intended to and shall not be construed as a waiver by Recipient of any immunities
conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and they
shall not be construed to, confer any rights upon third parties. This agreement
applies to all non - negligent, non - contractually based claims including, but not
limited to, inverse condemnation, contribution, indemnification, trespass and /or
nuisance.
6. Quality Assurance Project Plans (QAPP): IF this project involves the collection of
environmental measurement data, the Recipient needs to prepare a QAPP to ensure
the consistent application of quality assurance principles to the planning and execution
of all activities involved in generating this data. The plan shall be conducted in
accordance with the DEPARTMENT's Guidelines for Preparing Quality Assurance
Proiect Plans for Environmental Studies , current edition, (Ecology Publication No. 04-
03 -030) available at http: //www.ecv.wa.gov /biblio /0403030.html The plan must
describe the monitoring and data quality objectives, procedures, and methodologies
which will be used to ensure that all environmental data generated will meet these
requirements. The size and complexity of the plan should be cost effective and in
proportion to the magnitude of the sampling effort. In developing the plan, the
RECIPIENT may also reference Ecology's Technical Guidance for Assessing the
Quality of Aquatic Environments, February 1994 (Ecology Publication No. 91 -78),
available at http: / /www.ecv.wa.aov /biblio /9178.html. The QAPP report shall be limited
to a concise description of the environmental measurement aspects of this project.
Ecology's Project Officer shall review and approve this plan prior to initiation of work.
The QAPP plan may describe the following elements:
• Assumptions that direct the collection and analysis;
• Resources used (such as flights for aerial photos);
• Resource documents that will be consulted;
• Field methods employed;
• Office methods employed;
• Training level of staff involved in,data collection and analysis;
• Equipment / materials to be used and accurate calibration assurance.
7. Coordination with Ecology's Geographical Information System (GIS): IF this project
involves developing GIS data, the Recipient shall coordinate with Ecology's GIS office
Page 8 of 24
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Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
in an effort to promote compatibility and to encourage sharing of geospatial data. To
facilitate data sharing, the Department utilizes the following standards:
j,.0 0 0 e2_- ^t,`sit ��- -Q. : 0
_` es in uestz i C',.. r- �'- ,za �sr =v'�es'sz
e ".
ESRI's ARC /INFO
Current version
ESRI's ArcView
Current Version
Horizontal Datum
( NAD 83 HARN
Vertical Datum
NGVD 88
Projection System
Lambert Conic Conformal
Coordinate System
WA State Plane Coordinates
Coordinate Zone
South
Coordinate Units
Feet
Accuracy Standard
+/-40 Feet (1:24,000) minimum accuracy to within
a foot of the true North American datum system
Vector Import Format
ArcExport, DLG and /or DXF, shapefiles
Raster Import Format
TIFF, BIUBIP, RLC,GRID,ERDAS, SID
Whenever possible, the Recipient is encouraged to utilize the standards listed above
when compiling data. To discuss the usage of other standards, please contact Jerry
Franklin at 360 407 -7470; Fax: 360 407 -6902; E -Mail: jfra461@ecy.wa.gov or Dan Saul
at 360- 407 -6419; E -Mail: dsau461 Aecv.wa.gov for further data sharing and compatibility
information.
The RECIPIENT shall submit copies to Ecology's Project Officer with complete
documentation as it relates to all digital data, GIS coverages, shape files, related tables
and map products.
8. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator
shall be responsible for the procedural obligations under this agreement in
addition to his /her duty to coordinate the planning effort hereunder. He /She shall
cooperate with all parties concerned in every way possible to promote successful
completion of the services described in the Scope of Work.
9. Quarterly Reporting
Quarterly Reports are contingent on the effective date of the agreement. For timely
preparation and review, quarterly reports shall convey essential information in a simple,
concise manner through the use of bulleted summary statements, lists, and tables and
include the following:
a. A comparison of actual accomplishments to the objectives established for the
reporting period including a description of issues on fisheries resources;
b. For any work related to GIS, designate data standard utilized and associated data
documentation.
c. Status of project schedule
d. Personnel changes
e. Any difficulties encountered during the quarter.
f. Environmental benefits being achieved by the project
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Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Reporting Periods for each year of the agreement dependent on the start date:
For Report Contents and Ecology's form: Please visit our website at:
http://www.ecv.wa.dov/prodrams/seakirants/flooddamageprevention
County or City Name
Grant No. G1300_
Protect Title
Task Title
Task Number
Date
10. Identification of Project Materials - All reports, maps, and
other documents published as part of this grant agreement shall
carry the name of the RECIPIENT, Ecology's grant number (in the
upper right hand corner), title, the specific task number of the
product and date centered on the front cover or title page (or in
the case of maps, the block which contains the name of the
Government unit or Department).
11. Format for Publications and Brochures: Any (hard copy)
publications or brochures required as a product of this
agreement shall conform to minimum standards of size, 8 -1/2" x 11" white, recycled paper
equivalent in weight to 20 Ib. bond, single spaced, printed both sides, no less than 1"
margins. Photos, illustrations, and graphs must be of reproducible quality. Any publications
or brochures intended for public distribution shall comply with graphic requirements as
specified in Ecology's "Publications Handbook ", publication number 91 -41 and any additional
specifications as may be outlined in the Scope of Work.
12. Amendments: A "letter" amendment is a written request by the Recipient to extend the
project completion and expiration dates provided that is allowed by the grant program . On
the approval of Ecology's project officer, the request is then forwarded to the Ecology Budget
and Fiscal Offices for processing. A formal amendment is required for a significant change
to the scope of work or an increase to the total eligible project cost and is signed by both
parties.
13. Minority And Women's Business (MWBE) Participation: The RECIPIENT agrees to
solicit and recruit, to the maximum extent possible, certified minority -owned (MBE)
and women -owned (WBE) businesses in purchases and contracts initiated after the
effective date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women -owned
business participation in all bid packages, request for proposals, and purchase orders.
These goals are expressed as a percentage of the total dollars available for the purchase or
contract and are as follows:
Construction /Public Works 10% MBE 6 %WBE
Architecture /Engineering 10% MBE 6 %WBE
Page 10 of 24
100
First Quarter (Year 1)
July 1 — September 30
October 30
Second Quarter
October 1 — December 31
January 30
Third Quarter (Year 2)
January 1 — March 31
April 30
Fourth Quarter
April 1 — June 30
July 30
For Report Contents and Ecology's form: Please visit our website at:
http://www.ecv.wa.dov/prodrams/seakirants/flooddamageprevention
County or City Name
Grant No. G1300_
Protect Title
Task Title
Task Number
Date
10. Identification of Project Materials - All reports, maps, and
other documents published as part of this grant agreement shall
carry the name of the RECIPIENT, Ecology's grant number (in the
upper right hand corner), title, the specific task number of the
product and date centered on the front cover or title page (or in
the case of maps, the block which contains the name of the
Government unit or Department).
11. Format for Publications and Brochures: Any (hard copy)
publications or brochures required as a product of this
agreement shall conform to minimum standards of size, 8 -1/2" x 11" white, recycled paper
equivalent in weight to 20 Ib. bond, single spaced, printed both sides, no less than 1"
margins. Photos, illustrations, and graphs must be of reproducible quality. Any publications
or brochures intended for public distribution shall comply with graphic requirements as
specified in Ecology's "Publications Handbook ", publication number 91 -41 and any additional
specifications as may be outlined in the Scope of Work.
12. Amendments: A "letter" amendment is a written request by the Recipient to extend the
project completion and expiration dates provided that is allowed by the grant program . On
the approval of Ecology's project officer, the request is then forwarded to the Ecology Budget
and Fiscal Offices for processing. A formal amendment is required for a significant change
to the scope of work or an increase to the total eligible project cost and is signed by both
parties.
13. Minority And Women's Business (MWBE) Participation: The RECIPIENT agrees to
solicit and recruit, to the maximum extent possible, certified minority -owned (MBE)
and women -owned (WBE) businesses in purchases and contracts initiated after the
effective date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women -owned
business participation in all bid packages, request for proposals, and purchase orders.
These goals are expressed as a percentage of the total dollars available for the purchase or
contract and are as follows:
Construction /Public Works 10% MBE 6 %WBE
Architecture /Engineering 10% MBE 6 %WBE
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Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Purchased Goods 8% MBE 4 %WBE
Purchased Services 10% MBE 4 %WBE
Professional Services 10% MBE 4 %WBE
Meeting these goals is voluntary and no contract award or rejection shall be made based on
achievement or non - achievement of the goals. Achievement of the goals is encouraged,
however, and the RECIPIENT and ALL prospective bidders or persons submitting
qualifications shall take the following affirmative steps in any procurement initiated after the
effective date of this Agreement:
a. Include qualified minority and women's businesses on solicitation lists.
b. Assure that qualified minority and women's businesses are solicited whenever they
are potential sources of services or supplies.
c. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e. Use the services and assistance of the State Office of Minority and Women's
Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of
the U.S. Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be
followed. Any contractor engaged by the RECIPIENT under this agreement shall be
required to follow the above five affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice,
on forms provided by the DEPARTMENT, payments made to qualified firms. The report
will address:
f. Name and state OMWBE certification number of any qualified firm receiving funds
under the voucher, including any sub - and /or sub - subcontractors.
The total dollar amount paid to qualified firms under this invoice.
g.
14. Right to Audit: The Recipient agrees that payment(s) made under this grant shall be
subject to reduction for amount charged thereto which are found after audit examination
not to constitute allowable costs under this grant. The Recipient shall refund by check
payable to the DEPARTMENT the amount of such reduction of payments under com-
pleted or terminated grants.
15. Grant Closeout: The end date for this project is June 30, 2015. A grace period of 45
days for all deliverables and invoice vouchers is allowed as stipulated in the scope of
work or by the State Office of Financial Management (OFM) through Ecology's Fiscal
Office.
16. All Writings Contained Herein: This agreement, the appended "General Terms and
Conditions ", and the Department's current edition of "Administrative Requirements for
Ecology Grants and Loans" contain the entire understanding between the parties, and
there are no other understandings or representations except those set forth or
incorporated by reference herein. No subsequent modification(s) or amendments to this
Page 11 of 24
101
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
agreement shall be of any force or effect unless in writing, signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part of this
agreement; EXCEPT a letter amendment will suffice to extend the period of
performance as set forth on the page 1 of this grant agreement.
IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement;
State of Washington
Department of Ecology King Count
Gordon White
Program Manager
Shorelands and Environmental
Assistance Program
Date
lood Control Zone District
Signature, Authorized Official Date
ro n r\
Print Na'fne of Authorized Official
Approved as to form only by Title of Authorized Official
The Assistant Attorney General
102
Page 12 of 24
(Note: Insert additional signature blocks(s)
and/or pages if more than one signature block
is required)
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Appendix A:
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor /consultant
assistance if that has been included in the agreement's final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement, the state of Washington is named as an express third -party beneficiary
of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by
the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project, provide
assurance to the DEPARTMENT that all approvals and permits have been secured, and make
copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. If the agreement is federally- funded, the RECIPIENT
shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority
owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and
job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided
in Section K.1, herein.
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Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he /she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source
and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or
by any duly authorized audit representative of the State of Washington for a period of at least three
years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such
audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification
and /or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative for
inspection at any time during the course of this agreement and for at least three years following
grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-
133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000
threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT
must forward a copy of the audit along with the RECIPIENT'S response and the final corrective
action plan to the DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are
not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June
30, July 1 through September 30, and October 1 through December 31. Reports shall be due within
thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the
RECIPIENT and approved as satisfactory by the Project Officer.
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Flood Agreement No. G1300118 between the
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King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
The payment request form and supportive documents must itemize all allowable costs
by major elements as described in the Scope of Work. Instructions for submitting the payment
requests are found in "Administrative Requirements for Ecology Grants and Loans ", part IV,
published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT.
When payment requests are approved by the DEPARTMENT, payments will be made to the
mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the
Project Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT
pursuant to the grant/loan agreement and performed after the effective date and prior to the
expiration date of this agreement, unless those dates are specifically modified in writing as provided
herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty- five(45) days after the expiration date of this agreement and within fifteen
(15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed
ten percent (10 %) of each reimbursement payment as security for the RECIPIENT's performance.
Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)
described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole
discretion, such payment is reasonable and approved according to this agreement and, as
appropriate, upon completion of an audit as specified under section J.S. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and /or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department
property and the RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and /or the State of Washington
because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold
payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is
contingent on the availability of state and federal funds through legislative appropriation and state
Page 15 of 24
105
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT
is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate
or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1
above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to
the RECIPIENT in accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on
the project funded herein within four months after the effective date of this agreement, or by any
date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this agreement unless stated as such in writing by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials
or invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish,
recover or otherwise use the material(s) or property and to authorize others to use the same for
federal, state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200 -212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed
reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans ", Part V, shall control the use and disposition of all real
and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the
absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it shall
be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is
lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be
reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of land /or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may
include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing
Page 16 of 24
106
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
that the land is free from any impediment, lien, or claim which would impair the uses contemplated
by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,
the RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be conditioned
upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other
conversion or encumbrance which monies granted pursuant to this agreement bear to the total
acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper).
For more information, see www.ecy.wa.gov /sustainability.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion of
the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to
perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's
sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12 %) per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the
DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an
amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be responsible.
In the event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Officer or other designated official as to the extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided
for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Page 17 of 24
107
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Thurston County. Review of the decision of the Director will not be sought before either the Pollution
Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute
hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in
accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate
in any decision which affects his /her personal interest or the interest of any corporation, partnership
or association in which he /she is, directly or indirectly interested; nor shall he /she have any personal
or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each
party shall indemnify and hold the other harmless from and against any liability for any or all injuries
to persons or property arising from the negligent act or omission of that party or that party's agents
or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement
which can be given effect without the invalid provision, and to this end the provisions of this
agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal
and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any
terms incorporated herein by reference including the "Administrative Requirements for Ecology
Grants and Loans "; and (e) the General Terms and Conditions.
SS -010 Rev. 04/04
108
Page 18 of 24
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe/ Deslmone Levee Improvements
Appendix B: Site Map - Detail
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Page 19 of 24
109
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe 1 Desimone Levee Improvements
Appendix C: Comprehensive Map (Briscoe — Desimone 'Levee: No. 1 red circle below)
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Page 20 of 24
110
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Appendix C: Restrictive Covenant Boilerplate for the Green River Levees
Restrictive covenant for the City of
Upon recording return to:
Project Manager:
Department:
City:
Address:
Restrictive Covenants
Tax Lot #
Notice is hereby given that the property acquisition,
hereinafter referred to as the " " property, more particularly described in Exhibit "A," is
subject to the use restrictions listed below. The purpose of these restrictions is to prevent this land
from future development and to ensure that the property will be used to
enhance the Green River Levee system in perpetuity while allowing public access.
These restrictions are a condition of the grant funding appropriated by the Department of
Ecology as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB
6074, §3009 of the Capital Budget to improve the Green River Briscoe / Desimone Levee that
protects communities in the Lower Green River Valley from flooding and are enforceable by Ecology.
Uses of the property are restricted as set forth below. These restrictions
and obligations are intended to run with the land and shall be binding on the city of , its
heirs, successors, and assigns:
1) Enhancing the Green River Levee to protect the Lower Green River Valley from
flooding;
2) Maintaining vegetation and providing new native vegetation as necessary to prevent
levee erosion and to manage the growth of non - native exotic species (such as Reed
Canary grass, purple loosestrife, etc.);
3) Allowing for inspection, maintenance, repair, and necessary reconstruction of the
levees;
4) Allowing for levee access ;
5) Maintaining and improving the levee system for the enhancement of fish and wildlife
habitat;
6) Providing for open space as deemed appropriate; and
7) Restricting acquisition areas from future development other than required for levee
improvements.
Legal Description of Acquisition Area, is attached as Exhibit "A"
Page 21 of 24
111
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
In witness whereof, the City of has executed this document this
20 , at (city), Washington.
CITY OF
Signature, Authorized Official
Print Name of Authorized Official
Title of Authorized Official
day of
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that (name) is the person
who appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the
City of to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Page 22 of 24
112
Flood Agreement No. G1300118 between the
Washington State Department of Ecology and the
King County Flood Control Zone District
Project: Briscoe / Desimone Levee Improvements
Restrictive Covenants Exhibit A:
Legal Description of Acquisition Area
Page 23 of 24
113
Appendix D:
114
Levee Project
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Page 24of24
EXHIBIT B
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
Program 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.
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115
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 terms 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.
EC approved (RB -RK)
116
2
2. Definition of District. Unless provided otherwise in this Agreement, the term
"District" hereinafter also shall include WLRD in its capacity as service provider to the District.
3. Interlocal Agreement with Tukwila. The City of Kent shall enter into an
agreement with the City of Tukwila to act as lead agency for all work within the City of Tukwila.
4. Levee Design, Construction and Reimbursement.
a. The City shall design, construct and install the improvements to the Levee Project
and the four Reach Projects described and depicted on Exhibit A, attached hereto and
incorporated herein by reference in accordance with this Agreement, the DOE Agreement ", and
District Resolution FCD2013 -02.2 ( "Resolution ") (the Resolution is attached as Exhibit B,
which is incorporated herein by reference), as supplemented by the terms and conditions of
Attachment A to Exhibit B, attached hereto and incorporated herein by reference. By executing
this Agreement, the Parties acknowledge receipt and review of the DOE Agreement.
b. The City shall obtain and be responsible for all necessary local, state, and federal
permits and approvals for the Levee Project, and shall fully comply with all applicable
requirements and conditions thereof.
c. The Parties acknowledge and understand that at the effective date of this
Agreement, most but not all of the estimated cost of the Levee Project is included in the
District's 2013 -2018 Six -Year CIP, most but not all of the estimated cost of the Reach 3 Project
is included in the District's 2013 Budget, and the estimated cost of the Reach 1, 2 and 4 Projects
is anticipated to be included in the District's budgets for 2014 and thereafter. The District's
obligation and responsibility to provide funding for the Levee Project, including all four Reach
Projects, is conditioned upon appropriation by the District Board of Supervisors of sufficient
funds to finance the Levee Project and the four Reach Projects, including the Reach 3 Project in
the 2013 and 2014 calendar years. If the District Board of Supervisors fails to appropriate
expenditures in a District budget to reimburse the City for costs and expenses related to the
Levee Project or any of the four Reach Projects, the District reserves the right to terminate this
Agreement, and the City shall immediately terminate work on any and all Reach Projects;
provided, that until substantial completion of a Reach Project, the District shall continue to
accept and review City requests for reimbursement up to the amount of funds appropriated in an
approved District budget and still available for reimbursement under the DOE Agreement or this
Agreement.
d. The City's cost and expense for the Levee Project improvements shall be
reimbursed pursuant to the procedures, requirements and restrictions of paragraph 13 below.
e. The City shall obtain and convey to the District or King County any necessary
easements for design or construction of or access to the Levee in the form of the standard River
Protection Easement in Reference 8 -P to the King County Surface Water Design Manual. These
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easements shall include all of the improvements designed and built under this Agreement; all
areas necessary for any temporary erosion control measures; a 15 -foot maintenance /inspection
corridor along the landward side of these areas; and suitable access for heavy equipment to reach
all of these areas from the public roadways. All of the easements required for construction of
any floodwall segment in Reaches 1 through 4 must be approved, accepted and recorded by the
District before commencement of construction of such floodwall segment. The City also shall
obtain and convey to the District or King County all restrictive covenants as required by the
DOE Agreement for the Reach 3 Project, and as required by other state of Washington
Department of Ecology agreements that provide funding for the other Reach Projects.
5. Levee Maintenance, Operation and Repair Standards. The District shall operate,
maintain and repair the Levees in accordance with this Agreement, which includes Exhibit C,
attached hereto and incorporated herein by reference, and with District general standards,
requirements and policies for operation, maintenance and repair of Green River levees, as these
are determined and applied by the District, provided that:
a. The District shall not be obligated to operate, maintain and repair a Levee if
FEMA does not approve a risk -based approach to operation, maintenance and repair of the
Levee; and
b. If the total cost of Levee operation, repair, and maintenance in the project area
shown on Exhibit A exceeds the sum of average annual costs for the Green River levee system
over the number of years this agreement has been effective, the City shall cover all costs and
expenses in excess of the average. For this purpose, the average annual cost is $95,000 per levee
mile per year in 2013, to be adjusted for inflation each year thereafter. The District will provide
the City with an annual report of operation, repair, and maintenance costs incurred in the project
area.
6. District Review of Levee Plans and CLOMR Applications. The City shall
provide to the District a schedule of the material and significant events and actions for design
and bidding of each Reach Project, which events and actions shall include, but not be limited to,
three design stages and the invitation to bid. The City shall submit plans and specifications for
each of these three design stages to the District for review and comment. For all Levee Reaches,
at least thirty (30) days before advertising an invitation to bid, the City shall submit to the
District for review and comment the plans, specifications and requirements of the invitation to
bid and the application (with attachrnents and exhibits) for a FEMA Conditional Letter of Map
Revision ( "CLOMR "). The District shall submit any comments within thirty (30) days of receipt
of the documents.
7. Additional Activities. The District will provide enhanced monitoring of the
Levee through slope stability instrumentation, and the District may seek reimbursement of the
cost of such monitoring from State of Washington funding.
EC approved (RB -RI<)
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4
8. District Inspections. The District shall have the right to inspect the City's
construction of the Levee Project.
9. Contracts for Levee Work. Upon execution of a contract for construction of .a
Reach Project, the City shall send a copy of the contract to the District.
10. Record Drawings; Retention and Review of Documents. The City shall submit to
the District record drawings for each Reach Project, in a form and with detail required by the
District. The City agrees to maintain documentation of all planning, design, construction and
inspection of all Reach Projects sufficient to meet state audit standards for a capital project,
recognizing that the costs of the Levee work are paid for in whole or in part by City, District and
State of Washington funding sources, and that the City, the District and/or King County may
seek recovery of costs expended from other governmental funding sources. The City agrees to
maintain any additional documentation that is requested by the District. City contracts and
internal documents shall be made available to. the District for review and/or independent audit
upon request.
11. Access; Special Use Permit. To the extent that the District's or King County's
property interests require and allow, the City shall follow the District and/or King County
processes for obtaining, as applicable, special use permits, consistent with King County special
use permit procedures and standards, and shall obtain such permits for any City access to and
construction and inspection work on the Levee. The District shall waive any applicable bond
requirements. If Levee Project work involves access to and use of real property for which
neither the District nor King County has real property interests or rights, the City shall be
responsible for obtaining real property rights sufficient for City access to and construction and
inspection of such Levee Project work, and District and WLRD access to and maintenance,
operation and repair of the Levee.
12. District Costs and Expenses.
a. The total cost to the District of the four Reach Projects shall not exceed
$11,000,000, of which the District's maximum contribution toward the Reach 3 Project shall be
$500,000.
b. For the Reach 3 Project, the District shall seek reimbursement from the State of
Washington funding under the DOE Agreement or from the District's maximum contribution of
$500,000 toward the Reach 3 Project. The District reimbursement shall be for all actual costs
and expenses incurred by the District as of January 1, 2013 to review Reach 3 Project design and
construction documents and to inspect the Reach 3 Project work.
c. For Reach Projects 1, 2 and 4, the District shall seek reimbursement from the
District's Maximum contribution of $10,500,000 toward Reach Projects 1, 2 and 4, for all actual
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EC approved (RB -RK)
119
costs and expenses incurred by the District as of January 1, 2013 to review Reach Projects 1, 2
and 4 design and construction documents and to inspect the Reach Project work.
d. For King County employees providing the services to the District described in
subsections b and c above, the actual costs shall include salaries, employment benefits and
administrative overhead.
13. Reimbursement of City Expenditures.
a. No more than once a month, the City shall submit requests for reimbursement of
City costs and expenses incurred on or after January 1, 2013 for design, right -of -way acquisition,
construction and inspection of the Reach Projects. The requests shall be in a form and shall
contain information and data as is required by the District.
b. For the Reach 3 Project, the District shall review the requests to confirm that they
are reimbursable and payable under the DOE Agreement and this Agreement. The District shall
endeavor to complete such review within thirty (30) days of receipt of a request. For
reimbursement amounts approved by the District and paid for under the DOE Agreement, the
District shall send a request for such reimbursable amounts to the appropriate State department
for review and approval, up to a maximum of $7,000,000. Within thirty (30) days of receipt of
State funds, the District shall forward the State funds to the City. For requests that are not
reimbursable and payable under the DOE Agreement, the District shall endeavor to review such
requests within thirty (30) days of receipt of the request, in order to determine whether they are
reimbursable and payable under this Agreement. Any approved additional reimbursement shall
not exceed a total of $500,000, less any funds paid to the District under this Section 13, without
prior authorization from the District. If there are funds remaining from the DOE grant
subsequent to construction, the District shall submit a request to DOE to utilize those funds on
Reaches 1, 2, and/or 4. The District shall forward the approved reimbursement to the City within
forty -five (45) days of the City request.
c. For Reach Projects 1, 2 and 4, the District shall review the requests to determine
whether they are reimbursable and payable under this Agreement. The District shall endeavor to
complete such review within thirty (30) days of receipt of a request. Any approved
reimbursement shall not exceed a total of $10,500,000, less any funds paid to the District under
Section 12.c., without prior authorization from the District.
The District shall forward the approved reimbursement to the City within forty -five (45)
days of receipt of the City 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 the requested information or data within thirty (30) days of the request for such
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EC approved (RB -RI<)
120
information or data. If the request is still inaccurate or incomplete in the opinion of the District,
the dispute shall be resolved in accordance with paragraph 22 below. After resolution of the
dispute, the District shall send a request for reimbursement to the appropriate State Department
or provide reimbursement as provided in this section 13.
14. Levee Warranty. The City shall warrant the materials, work and function of a
Reach Project for five (5) years after the City's acceptance of construction of the Reach Project.
15. Compliance with Laws and Regulations. The City shall be responsible for
compliance with all applicable laws and regulations, and obtaining all required permits,
approvals and licenses in connection with a Reach Project.
16. Impact on Other Reaches or Segments. The District and the City agree that the
improvements to the Levee under this Agreement should not have a detrimental effect on other
segments or reaches of the Green River levee system. The improvements to the Levee shall be
deemed not to have such a detrimental effect where the improvements fully protect the
conveyance capacity and storage volume of the floodplain during base flood (100 -year flood)
conditions, as demonstrated by compliance with King County flood hazard regulations, which
are Sections 21A.24.230 through 21A.24.260 of the King County Code.
17. Duration. This Agreement shall take effect on the date on which the second party
signs this Agreement, and shall remain in effect for thirty (30) years from the effective date.
18. 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 and /or King County, granted under state statute, including Chapters 86.12 and 86.15
RCW, or as otherwise granted or provided for by law.
19. Liens and Encumbrances. The City acknowledges and agrees that it will not
cause or allow any lien or encumbrance arising from or related to the Levee work authorized by
this Agreement to be placed upon the real property interests of King County and the District. If
such lien or encumbrance is so placed, King County and the District shall have the right to
remove such lien and charge back the costs of such removal to the City.
20. Indemnification. To the maximum extent permitted by law, the City shall defend,
indemnify and hold harmless the District and King County, and all of their officials, employees,
principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable
attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons
or damages to property, arising out of, or as a consequence of, the design and construction of the
improvements to the Levee under this Agreement. As to all other obligations under this
Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and
7
EC approved (RB -RK)
121
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. However, if any such damages and
injuries to persons or property are caused by or result from the concurrent negligence of the
District or its contractors, employees, agents, or representatives, and 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.
21. 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.
22. 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
paragraph 13 above, submittal of all relevant information and data to an independent Certified
Public Accountant and /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 resort will otherwise be had to 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 22.
EC approved (Ra -R11
122
8
23. Entire Agreement; Amendment. This Agreement, together with its Exhibits A
through D, 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. Should any conflict exist between
the terms of this Agreement and the terms of the Exhibits, this Agreement shall control.
24. 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.
25. Notices, Communications and Documents. All communications and documents
regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party
gives notice of a change of address. Any written notice hereunder shall become effective three
(3) business days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the address state below or such other addresses as may be hereinafter
specified in writing.
26. 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
EC approved (RB -RK)
KING COUNTY FLOOD CONTROL
ZONE DISTRICT
Its: Board Chair
DATE: S1. }�
APPROVED AS ;r(d. FORM::
By: i, � '
F Legal Counsel
9
123
EXIHIBIT A Sheet 1 of 4
Description of Briscoe - Desimone Levee Improvements
The Briscoe - Desimone Levee is located along the right bank (easterly side) of the Green River
between S. 200th Street and S. 180th Street, (see Figure 1, Exhibit A Sheet 2 of 4). The Briscoe
levee is located along the right bank of the Green River between S. 200th Street and S. 189th
Street within the City of Kent. The Desimone levee is located along the right bank of the Green
River between S. 189th Street and S 180th Street in the City of Tukwila. Together these levee
segments are approximately 2.7 miles in length and protect properties within the cities of Kent,
Tukwila and Renton. Tilt -up style buildings (manufacturing and industrial) are located adjacent
to the entire stretch of levee.
Four sections (reaches) of the levee, approximately 4,450 linear feet, don't meet slope and
stability requirements and need repair to meet FEMA accreditation requirements. Reach 1 is
located between RM 14.47 and 14.63 and totals 1,050 If. Reach 2 is located between RM 15.45
and 15.57 and totals 8501f. Reach 3 is between RM 15.98 and 16.36, totaling 2,350 if, and
Reach 4 is between RM 16.95 and 17.00 and totals 2001f. Reaches 1, 2 and 3 are on the outside
of sharp bends in the river and Reach 4 is just north of the S. 200th Street Bridge. Structural steel
sheet pile walls are proposed to be installed at the back of the existing levee slope to act as a
secondary levee to reduce flood risk to the cities of Kent, Tukwila and Renton and protect the
large number of warehouses, manufacturing facilities and some retail establishments behind
these levees. These areas are shown on Figure 2, Reach Location Map (see Exhibit A Sheet 3 of
4). In addition, large stumps and roots will be removed in areas between the four reaches along
the levee where they could compromise levee stability and/or are in the construction project area.
The walls will provide a minimum of 3 feet of freeboard above the predicted 100 -year flood
event, (see artist rendering Exhibit A Sheet 4 of 4). This proposal allows for some re- vegetation
and habitat restoration work along the river between the ordinary high water line and the trail in
areas where the wall is constructed. In areas where walls are installed, benches will be
constructed where feasible and native vegetation will be planted above the ordinary high water
line.
EC approved (RB -RK)
124
10
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APPROVED
DATE 10- 10.12.
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CITY OF KENT
-
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CITY OF KENT
DRAM
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FIGURE 2
LOCATION MiAa1p
BRISCOE DES] PONE LEVEE
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127
KingCounty
KING COUNTY
Signature Report
February 26, 2013
FCD Resolution
no,,A);y P
1200 King County Courthouse
516 Third Avenue
Seattle, WA 98104
Proposed No. FCD2013 -02.2 Sponsors
1 A RESOLUTION relating to the Briscoe - Desimone levee on the
2 Green River; initiating a comprehensive planning process and
3 providing funding for the Briscoe- Desimone levee project on
4 certain conditions.
5 WHEREAS, public safety is the highest priority for the allocation of King
6 County Flood Control Zone District ( "District ") funds; and
7 WHEREAS, the District seeks to address urgent flood risk reduction needs
8 throughout King County; and
9 WHEREAS, the Green River valley is home to over 100,000 jobs, contains one
10 of the largest warehouse and distribution complexes in the nation, has an annual payroll
11 of $2.8 billion (one- eighth of the gross domestic product of the state of Washington) and
12 accounts for annual taxable revenue of over $8 billion; and
13 WHEREAS, Policy G -13 of the 2006 King County Flood Hazard Management
14 Plan, which has been adopted by the District as its comprehensive plan ( "District's
15 Comprehensive Plan "), states that King County and the cities and towns therein should
16 work cooperatively to manage floodplain resources; and
17 WHEREAS, Policy G -9 of the District's Comprehensive Plan states that King
18 County's rivers and tributaries and their associated floodplains should be managed for
19 multiple, and sometimes competing, uses and objectives; and
1
129
FCD Resolution
20 WHEREAS, the Briscoe - Desimone levee on the Green River is located between
21 South 180th Street and South 200th Street in the cities of Kent and Tukwila ("Briscoe -
22 Desimone Levee "); and
23 WHEREAS, in 2012 the Washington state legislature awarded to the District a
24 grant of $7 million for the Briscoe- Desimone Levee project; and
25 WHEREAS, the District hired an expert third party ( "Third -Party Reviewer ") to
26 review two alternative designs for the Briscoe- Desimone Levee improvements; and
27 WHEREAS, the Third -Party Reviewer has expertise in analyzing the stability of
28 I -walls and levees, and served on national independent review panels for levee failures in
29 the state of Louisiana following Hurricane Katrina and on review panels for the
30 Sacramento -San Joaquin Delta in California; and
31 WHEREAS, on January 29, 2013, the Third -Party Reviewer submitted to the
32 District a report of his analysis and findings, entitled "Expert Engineering Independent
33 Third -Party Review, Briscoe - Desimone Levee Design, Green River Basin, State of
34 Washington" ( "Report"); and
35 WHEREAS, on January 23 and February 7, 2013, the Third -Party Reviewer gave
36 a presentation of his analysis and findings to the District executive committee, which
37 considered the presentation, the Report and comments from the public, including
38 comments by King County, the city of Kent, and interested organizations; and
39 WHEREAS, based on the District's Comprehensive Plan, the Report, and
40 reports, information and data prepared by District staff, consultants and contractors, the
41 Board of Supervisors of the District desires to select one of the two alternative designs
2
130
FCD Resolution
42 for the Briscoe - Desimone Levee improvements and to authorize funding for the Briscoe-
43 Desimone levee; now, therefore
44 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING
45 COUNTY FLOOD CONTROL ZONE DISTRICT:
.46 SECTION 1. The District will initiate a comprehensive planning process, such
47 as the United States Army Corps of Engineers' System -wide Improvement Framework,
48. after accepting at an executive committee meeting the information provided about the
49 scope, anticipated staff time and estimated costs. Issues to be studied should include, but
10 are not limited to, the following:
51 A. Safety and levee heights;
B. Economic objectives;
53 C. Environmental objectives;
54 D. Howard Hanson Dam risk assessment;
.55 E. Land use;
;S6 F. Operations and maintenance; and
5.7 G. FEMA levee accreditation.
58 SECTION 2. The District will execute a grant agreement with the state of
59 Washington for the $7 million grant award for the Briscoe- Desimone levee project as
60 soon as possible.
`61 SECTION 3. The District will provide funding for the Briscoe- Desimone
62 levee project designed using setback levees that are retained by walls on the landward
3
131
FCD Resolution
63 side at the four outside bends of Green River between South 200th and South 180th
64 Streets in the Cities of Kent and Tukwila and incorporating the conditions and
65 responsibilities of this Resolution.
66 .SECTION 4. For the Briscoe- Desimone levee project, the District supports the
67 use of setback levees that are retained by walls on the landward side. The following
68 conditions must be met:
69 A. The design and installation of the Briscoe Desimone levee project shall be
70 consistent with applicable state and federal regulations and standards, including but not
71 limited to the state Shoreline Management Act, the federal Clean Water Act, and state
72 water quality standards, and shall receive all necessary local, state, and federal permits.
73 B. The top of the setback levee retaining wall shall be consistent with the height
74 of the adjoining levee sections.
75 C. The city of Kent's ( "City ") responsibilities and conditions in relation to the
76 Briscoe- Desimone levee project are as follows:
77 1. The City, or its engineering consultants, shall submit to the District a
78 plan to provide for resiliency of the landside levee and wall in the event of overtopping.
79 The plan should include identification of the areas that are most susceptible to erosion,
80 such as the base walls and valleys on the landside slopes of Briscoe - Desimone Levee at
81 the bends.
82 2. The City shall reduce and mitigate the potential for erosion. The City,
83 or its engineering consultants, shall identify permanent or temporary strategies to
84 minimize erosion in these locations of potential erosion.
4
132
FCD Resolution
85 3. If the City uses temporary erosion control measures, such as
86 sandbags, the City must commit to paying for and having on hand the materials and
87 necessary equipment to install the temporary measures in the event of over - topping.
88 4. Where the bases of the walls encroach on private property and the
89 erosion forces are more significant, the City shall obtain any necessary easements for
90 design or construction of or access to the Briscoe- Desimone levee.
91 5. The City shall move the setback wall back from the toe of the existing
92 levee in the northernmost setback segment near the West Valley Highway, consistent
93 with the alternative of the GEI report prepared for the City and dated 2012.
94 6. Prior to release of District funds for the Briscoe- Desimone levee
95 project, the City shall provide to the District a plan to address potential corrosion of the
96 sheet pile walls. This plan must include options for addressing potential corrosion.
97 7. The City shall enter into an agreement with the Washington State
98 Department of Transportation related to the West Valley Highway and its role as a levee,
99 8. The City shall pennit, design, and construct replacement of the trail to
100 meet King County Parks regional trail standards.
101 9. Any contracts between the City and any consultants, engineers, contractors or
102 other design or construction entities (collectively, "contractors ") shall include provisions whereby
103 the City and its contractors name the King County Flood Control Zone District and King County
104 as additional insureds. All such contracts shall provide insurance coverage to the King County
105 Flood Control Zone District and to King County, consistent with King County's guidelines and
106 requirements for insurance for similar contracts.
5
133
FCD Resolution
107 10. The City and King County shall provide a monthly written report to the
108 Executive Committee on the first day dead month regarding implementation of the Briscoe -
109 Desimone levee project including any regulatory requirements that may impact the budget,
110 schedule, design, construction and /or maintenance.
111 11. The City shall cover the costs of any maintenance for the project in excess of
112 the average annual maintenance and repair costs for the Green River ($95,000 per mile per year).
113 This amount shall be adjusted for inflation annually.
114 D. King County's responsibilities and conditions, as the District's service provider, in
115 relation to the Briscoe- Desimone levee project are as follows:
116 1. King County shall include inspection of the sheet pile walls for
117 corrosion in the County's operations and maintenance activities.
118 2. King County shall monitor deformation and erosion of the Briscoe -
119 Desimone Levee riverbank to provide quantitative and scientific information for future
120 projects about how the river is working with its flow regulated by the Howard Hanson
121 Dam. This information will assist the District in preparing public warnings in the event of
122 a breach in the Howard Hanson Dam.
123 3. King County shall prepare a plan to ensure that materials and
124 equipment for emergency repairs to the Briscoe- Desimone levee are available in as
125 timely a manner as possible.
126 4. King County and the City shall provide a monthly written report to the
127 executive committee on the first day of each month regarding implementation of the Briscoe -
128 Desimone levee projectincluding any regulatory requirements that may impact the budget,
129 schedule, design, construction, and/or maintenance.
6
134
FCD Resolution
130 5. King County as the District's service provider will provide the
131 District with timely technical assistance in reviewing plans submitted to the District by
132 the City.
133 SECTION 5. The District shall provide funding for inspections, operations and
134 maintenance on the Briscoe- Desimone levee. King County, as the District's service provider,
135 shall inspect, maintain and repair the Briscoe- Desimone levee.
136 SECTION 6. The District will ensure that public safety plans are in place,
137 including annual outreach to residents and workers along the Green River, as well as
138 other basins in King County. The District will make these plans a priority in the
139 District's 2014 budget.
140 SECTION 7. The District will encourage all businesses and residents in low -
141 lying areas near rivers, regardless of levee accreditation, to purchase flood insurance.
142 SECTION 8. The conditions along the South 200th Street to South 180th Street South
143 corridor in the cities of Kent and Tukwila represent a unique set of circumstances in King
144 County. The approval of the use of flood walls in this location does not set a precedent for their
145 use in other parts of the County or the Green River corridor, nor should this limited use be
146 considered a departure from the District's intent of setting back levees where appropriate,
147 SECTION 9. The District hereby directs District staff to work with King County to
148 develop a funding strategy for consideration by the District using bond financing to accelerate
149 high- priority flood protection projects throughout the county that are not fully funded through
150 pay -as- you -go implementation of the District's capital improvement program. This strategy
151 should consider the long -term financial stability of the Flood Control District, the ability to
152 commit Flood District revenue to pay necessary debt service over the life of the bond, the
7
135
FCD Resolution
153 preservation of capacity to provide for ongoing maintenance, and the maintenance of adequate
154 reserves to respond to flood emergencies.
155
136
FCD Resolution was introduced on and passed as amended by the King County Flood
Control District on 2/26/2013, by the following vote:
Yes: 8 - Mr. Phillips, Mr. von Reichbauer, Mr. Gossett, Ms. Hague,
Ms. Patterson, Mr. Dunn, Mr. McDermott and Mr. Dembowski
No: 0
Excused: 1 - Ms. Lambert
KING COUNTY FLOOD CONTROL ZONE
DISTRICT
'KING CflU', WASHINGTON
Reagan Dunn, Chair
ATTEST:
Anne Noris, Clerk of the District
Attachments: None
8
ATTACHMENT A TO EXHIBIT B
SUPPLEMENTAL TERMS AND CONDITIONS — RESOLUTION 2012 -02.2
1. The top of the setback levee retaining wall shall be consistent with the height of the
adjoining levee sections, except as is appropriate for safety of cyclists, pedestrians and
• others using the trail along the top of the wall. Transitions at the ends of each wall shall
provide for trail user safety and for levee erosion resistance from overtopping flows that
might be concentrated around the ends of the wall and around the ends of trail user
protection measures.
2. The City, or its engineering consultants, shall submit to the District a plan to provide for
resiliency of the landside levee and wall in the event of overtopping. The plan shall
include identification of the areas that are most susceptible to erosion, and shall propose
appropriate protection measures for each of those areas. The City shall submit the plan as
a recommendation for consideration and approval by the District in the Levee
construction plan review process.
3. The City shall reduce and mitigate the potential for erosion. The City, or its engineering
consultants, shall identify permanent or temporary strategies to minimize erosion in
locations of potential erosion. The City shall submit these strategies as recommendations
for consideration and approval by the District in the Levee construction plan review
process.
4. If the City strategy to minimize erosion in the event of overtopping relies upon temporary
erosion control measures such as sandbags, the City must commit to paying for and
having on hand the materials and equipment, and access to sufficient labor, to install all
temporary measures in preparation for overtopping. The City shall prepare a plan that
describes the temporary measures, the staging . of material and equipment, sources of
labor, estimated time for installation, and specific river conditions that will trigger
installation. This plan must be submitted for consideration and approval by the District
in the Levee construction plan review process. The City must also prepare before October
1 each year by staging all necessary materials and equipment specified in the plan. The
City must fully install all such temporary measures immediately upon recognition that the
trigger conditions in the approved plan are met. The City must also remove all such
temporary measures within eight weeks after flood conditions subside. The City is fully
responsible for all associated costs including but not limited to materials, equipment, and
labor.
15
EC approved (RB -RK)
137
5. The City shall move the setback wall back from the landward toe of the existing levee in
the northernmost setback segment near the West Valley Highway, consistent with the
alternate alignment described by GEI Consultants, Inc., in section 8.3.2.5 of its April,
2012 draft FEMA Accreditation Report for the Briscoe - Desimone Levee System.
6. The plan to address potential corrosion of the sheet pile walls shall be submitted for
consideration and approval by the District in the Levee construction plan review process.
7. The agreement with the Washington State Department of Transportation shall be
approved by the District prior to the release of State or District funds for Reach 1 of the
Levee.
8. To assist in implementing the District plan for emergency repairs, the City shall provide
project design information and emergency planning recommendations of observations,
physical measurements, tolerances, thresholds, and considerations for the District's
inspection and risk -based decision - making as appropriate for emergency plans associated
with the Levee design. The City will provide this information to the District by August 1,
2014.
9. The City shall permit, design, and construct replacement of the trail to meet King County
Parks regional trail standards. The City shall submit plans to King County Parks for
review coincident with District plan review at each design phase.
EC approved (RB -RK)
138
16
EXHIBIT C
Levee Inspection, Maintenance, Operation and Repair
1. The Levee shall be maintained and operated consistent with the District's Flood Hazard
Management Plan Policy PROJ -6, Flood Protection Facility Design and Maintenance
Objectives (or its successor) which states as follows:
"[The District] should construct new flood protection facilities and maintain,
repair or replace existing flood protection facilities in such a way as to:
• Require minimal maintenance over the long term,
• Ensure that flood or channel migration risks are not transferred to other
sites,
® Protect or enhance aquatic, riparian and other critical habitats, and
• Protect or enhance multiple beneficial uses of flood hazard area."
2. Levee maintenance and operation shall be based on a risk -based analysis approach. If a
risk -based approach is not acceptable to FEMA, and as a result FEMA fails to issue a
CLOMR or LOMR for the Levee, the District shall not be obligated to operate and
maintain the Levee.
3. The upper 1/3 of the riverward slope above the OHWM may be mowed and maintained
in grass cover.
4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all
times, including access by heavy construction equipment and earth - hauling machinery.
5. The landward Levee slope may be rnowed and maintained in grass cover.
6. The 15 -foot maintenance access and inspection area along the landward Levee toe may
be mowed and maintained in grass cover.
7. All such mowed areas may alternatively be planted and maintained with native riparian
woody vegetation.
8. Upon acceptance of completed Levee construction by the District, the Levee, as
constructed to these standards, shall be inspected by the District prior to leaf emergence
each spring, at low -flow conditions in the late Summer or early Fall, prior to the onset of
17
EC approved (RB -RK)
139
fall rains and seasonal high flows, and during and immediately following flood events at
Phase III (9,000 cfs) or greater.
•
9. All structural features of the Levee shall be inspected by the District for deterioration or
damage, including the presence of any slope erosion, washouts, slumping, slides, or
sloughing, and any conditions noted shall be included in prioritization of District and /or
King County maintenance and repair needs, and in performance of maintenance and
repair actions at the earliest appropriate opportunity.
10. All vegetation on the levee slopes, benches, or along the lower embankment shall be
inspected by the District for erosion of the riverward embankment in the root zone, and
appropriate corrective action shall be taken where such conditions may be present.
11. The District and /or King County shall perform continuing levee patrols during all Phase
III or greater flood events.
12. Damaged or impaired Levee conditions observed by the District during flood patrols shall
be evaluated for emergency repair actions.
13. Any emergency repairs performed will be inspected by the District at the next low -water
period for evaluation of permanent repair needs or additional measures required to restore
the function and integrity of all affected locations.
14. The District and /or King County shall prioritize repairs consistent with the adopted
policies of the District's Flood Hazard Management Plan, or its successor.
15. The City shall be responsible for all local drainage inspections and maintenance. The
District and King County shall not assume any responsibility for stormwater management
activities.
EC approved (RB -RK)
140
18
EXHIBIT C
BRISCOE-DESIMONE LEVEE
RIGHT BANK OF THE GREEN RIVER
S. 180th ST. TO 5, 200th ST.
1
IhIOT TO SCALE
LEGEND
• RIO-17
PROPOSED SETBACK
WALL
CITY OBITS
RIVER MILE
141
1 42
EXHIBIT D
EXHIBIT D
A. Stability and Certification Report Briscoe /Desimone Levees Kent, Washington
by GeoEngineers, Inc. dated October 24, 2011.
B. FEMA Accreditation Report Green River Right Bank Levee Briscoe - Desimone
Levee System by GEI Consultants, Inc. dated April 2012.
Interlocal with Tukwila - Desimone Levee 01/24/14
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EXHIBIT
S 180TH ST
TUKWILA
LEVEE
ANDOVER PK
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CITY OF KENT
ENGINEERING DEPARTMENT
CITY OF KENT
DRAWN SCALE NOT TO SCALE
APPROVED DATE
10 -10 -12
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FIGURE 2
LOCATION MAP
BRISCOE DESIMONE LEVEE
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Tukwila City Council Committee of the Whole Minutes
April 22, 2013 Page 4 of 7
improved does not matter, The situation has worsened over the last few years, and he is concerned
about the individuals that will be impacted by the Council's decision. He stated he will support the
condemnation process, which will allow police officers to focus on other areas of the City.
Councilmember Ekberg stated his family lived along TIB in the past, and there has been a degradation of
the area. He is interested in putting a stop to that and finding ways to improve the area. Once the City
invests in the Tukwila Village development, there will be an influx of new residents within the area. This
will include the first senior citizen development within the City, and it is important to make sure that area is
safe.
Councilmember Seal stated that during the Strategic Planning process, crime along Tukwila International
Boulevard was the most talked about issue. The City Council spent a significant amount of time
brainstorming how to resolve the issues surrounding TIB. She voiced her support for the ordinance, and
stated the Council wants to work with the business owners. This process needs to happen to keep the
redevelopment momentum moving forward. The Tukwila Village development will bring a whole new
group of people to the City, and the ordinance before the Council is one more step in the process for
revitalization of the area.
Councilmember Quinn voiced his support for the proposed ordinance and stated it has taken a long time
for this type of action to move forward. He clarified that the City has planned this type of redevelopment
since 1998, and it was confirmed in 2000. The subject area was designated as an Urban Renewal Area,
and revitalization efforts started with a task force. TIBAC (Tukwila International Boulevard Action
Committee) has been working on the issue, and it was evident from comments received during the City's
Strategic Planning process, this is an area of concern. The Mayor and City Administration are ready to
move forward with this proposal, and the Police Chief is willing to see it through, and the Council wants to
work toward improving the area. He said the citizens are demanding more from the City, and he would
like to see more communication on this issue stating the City, in conjunction with the residents are moving
forward with this process.
Councilmember Kruller explained that she is looking out for everyone within the City, and it is very
important that the image of the City is changed and that Tukwila is a safe place to live. She stated TIBAC
has been an important part of the changes along TIB. She voiced her support for the local businesses
that will be affected by the process, and she urged City Administration to keep the lines of communication
open with those businesses. She voiced her support for the process, stating it is a bold step. She feels
when someone visits Tukwila within the next 10 years, it will be a great place to visit. It will be welcoming
and the residents and community will feel safe as a result of the action being considered by the Council.
Mayor Haggerton expressed his appreciation for the comments received this evening. He explained City
Administration and the Tukwila Police Department have been trying to work with the property owners and
property managers within the subject area for quite some time. The properties identified did not want to
work with the City on the issues, and this is the result. He explained the City's Strategic Planning process
was the defining moment; it was loud and clear that the City needed to do something about the issues
along TIB. Mayor Haggerton commented on the history of the area from the late 1950's, when the
community could safely walk along TIB. The purpose of the proposed ordinance is that it will again be
safe to walk along TIB.
Council President Hougardy spoke in favor of the ordinance, and she explained that within the past 15
years TIB has become a richly diverse area. TIB is surrounded by a string of communities, and the City
has not been able to promote those communities due to the increased crime in the area.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING THIS
EVENING.
b. Briscoe /Desimone Levee design.
Councilmember Robertson explained three Councilmembers were asked to work with City staff to
understand the issues surrounding the proposed design of the Briscoe / Desimone Levee Repair Project.
He commented that the levee needs to be repaired. Without the repairs there could be a future problem
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Tukwila City Council Committee of the Whole Minutes
April 22, 2013 Page 5 of 7
with FEMA insurance in the cities of Kent, a portion of Tukwila and Renton. Additionally, there are life
and property issues to contend with if the levees are not repaired.
The Council Sub - committee spent time with City staff and discussed the following:
• Two of the levee reaches are within the City of Tukwila: the entire Reach 1 plus a small part of
Reach 2. The most complicated repair is located within the City of Tukwila for Reach 1, located
at 180th Street and West Valley Highway (State Route 181).
• The City of Kent is concerned as Tukwila's support is needed at the Flood Control District "now"
to retain the State funds.
• There are physical problems meeting Tukwila's Shoreline Management Program (SMP) minimum
levee cross - section for the section of Reach 1 adjacent to West Valley Highway. The SMP has
tools (a variance process) or the SMP could be amended to solve the problems.
• Negotiations with Washington State Department of Transportation (WSDOT) will be required for
the part adjacent to the highway.
• There may be "physical" reasons the SMP's minimum levee cross - section cannot be met
elsewhere in Reach 1.
• A considerable amount of engineering that will be required before levee repair construction in
Tukwila could proceed (possibly in 2014).
The committee is proposing a motion to support Kent relating to this issue to be discussed at the Special
Meeting immediately following the Committee of the Whole meeting. The proposed motion states 'Tukwila
supports the repair efforts within the City of Kent, and that while the design of the repair for work within
Kent is acceptable for their portion of the levee, it does not work for the portion of the levee within
Tukwila.
Alternative Paths Forward:
1. Interpret SMP use of flood wall to include infrastructure such as a major state highway. Also
assume definition of a "building" includes a state highway.
2. Use a shoreline variance.
3. Amend the City's SMP, which would be the lengthiest solution.
Recommendation for Council:
1. Continue engineering /design efforts.
2. Support Kent at the Flood Control District for the Kent Reaches.
3. Seek further analysis, engineering, and discussion, including City Administration's
recommendation on alternate paths forward.
The City of Kent has completed some engineering within Tukwila. The Council Sub - committee suggests
City staff bring forward a proposed design with the physical changes that would conform to the City's
SMP (or as close as possible). The information should include the engineering data associated with the
proposed design, and any proposed amendments to the City's SMP. This information would be for the
Council Sub - committee to review prior to staff moving forward with an Interlocal Agreement (ILA) between
the cities of Kent and Tukwila.
Councilmember Quinn encouraged the Council to visit the King County Flood Control District website to
view the terms between Kent and King County relating to the levee repair project
( http:// www .kinocountvfloodcontrol.orq). He commented that there is no requirement for an ILA between
the cities of Kent and Tukwila. He feels the Sub - committee's work is due diligence that should be done
prior to the City considering any ILA.
Councilmember Kruller voiced her appreciation for City staff during the Sub - committee meeting. While
there is a proposed support statement, it was determined that the City does not need to rush into an ILA
with Kent. She feels there is time for City staff to sort through the project information and all the options
available to the City. Having the City take time to review the information should not hinder Kent in any
way, as they are still in negotiations with King County on an ILA for the levee repairs. There are things
happening along the river that need to be addressed, and she voiced support for the proposed motion.
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Tukwila City Council Committee of the Whole Minutes
April 22, 2013
Page 6 of 7
Councilmember Seal commented that rather than trying to slow down the process, the Council is working
to ensure the City is performing due diligence relating to this issue. The City spent a considerable
amount of time working through the Shoreline Master Program. She voiced her support for moving
forward with the proposed motion of support.
Council President Hougardy asked if the Council Sub - committee would like to continue working through
this issue.
Councilmember Robertson suggested the issue be discussed at a future Community Affairs and Parks
Committee.
Councilmember Ekberg spoke in favor of having this item brought forward for review by the Community
Affairs and Parks Committee.
Councilmember Robertson read the Council Sub - committee's recommended motion of support to include
a minor language edit (the friendly wording additions are in underlined format):
"Tukwila supports Kent's continuing efforts to address the Desimone /Briscoe Levee structural
problems. Tukwila also supports Kent's desire to begin construction in 2013 for the levee reaches in
Kent.
Further design /engineering work is necessary for the to solve the Desimone /Briscoe levee problems
in Tukwila because of the specific site issues and Tukwila's Shoreline Management Plan standards.
Tukwila's SMP is specific to Tukwila's natural environment and is adapted to work with Tukwila's
unique ecological functions, shoreline and development on the river. Tukwila looks forward to
working with Kent and the King County Flood Control District to resolve any issues so that
construction in Tukwila can also move forward."
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM, AS AMENDED, TO THE SPECIAL
MEETING THIS EVENING.
REPORTS
a. Mayor
Mayor Haggerton stated he provided the opening remarks at the Road Map Parent Forum on April 20,
2013 at Foster High School. The event had between 750 -1,000 attendees, and there were 32 booths for
attendees to visit during the event. Later that day he attended the Tukwila Pool Grand Re- opening event.
He felt it was great to witness the Council being able to enjoy themselves at the Tukwila Pool events.
b. City Council
Councilmember Seal announced that Cascade View Elementary received a Washington Achievement
Award in Math from the Office of Superintendent of Public Instruction. She commented that the students
and staff should be congratulated for receiving this award.
Councilmember Quinn attended the Road Map Parent Forum on April 20, 2013 at Foster High School.
He commented that he noticed several "Earth Day" type of events April 20 -21, 2013.
Councilmember Kruller attended the Road Map Parent Forum on April 20, 2013 at Foster High School,
and the Tukwila Pool Grand Re- opening event. She congratulated the "Sustain Tukwila Pool" (STP)
group for raising funds for the pool scholarship fund and exceeding their fundraising goals. She
announced that, through Sound Cities Association, she applied for and has been selected to serve on the
King Conservation District. On April 21, 2013 she attended a local Turkish program that she felt was a
great event, and she reported on the activities of the event and a possible travel opportunity to Turkey.
Council President Hougardy attended the April 20, 2013 Tukwila Pool Grand Re- opening event and the
Road Map Parent Forum at Foster High School later that afternoon. She also attended the most recent
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Tukwila City Council Committee of the Whole Minutes
April 22, 2013
Page 2 of 2
Councilmember Ekberg commented that the ordinance does not commit the City to purchase any
properties; rather it begins the condemnation process.
MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2401.
b. Briscoe /Desimone Levee design.
MOVED BY ROBERTSON, SECONDED BY KRULLER FOR THE MAYOR TO SIGN AND FORWARD
A MOTION OF SUPPORT TO THE KING COUNTY FLOOD CONTROL DISTRICT (based on
discussion and Council consensus at the Committee of the Whole meeting held prior to this
Special Meeting) *.
Councilmember Seal verified that the motion of support will include the suggested changes discussed
during the Committee of the Whole portion of the meeting this evening.
*MOTION CARRIED 7 -0.
ADJOURNMENT
8:50 p.m. MOVED BY QUINN, SECONDED BY SEAL THAT THE SPECIAL MEETING OF THE
TUKWILA CITY COUNCIL BE ADJOURNED. MOTION CARRIED 7 -0.
Jim Hagge
Melissa Hart, Deputy City Clerk
APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR ON 05/20/2013
AVAILABLE ON THE CITY'S WEBSITE 05/21/2013
148
UTILITIES COMMITTEE
Meeting Minutes
February 3, 2014 — 5:15 p.m. — Foster Conference Room, 6300 Building
City of Tukwila
Utilities Committee
PRESENT
Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Allan Ekberg
Staff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Ryan
Larson, Mike Cusick, Pat Brodin, and Laurel Humphrey
CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: Franchise Agreement with tw telecom of washinqton Ilc (TWTC)
Staff is seeking Council approval of an ordinance that would renew a non - exclusive franchise to tw
telecom of washington Ilc (TWTC) for the continued operation of a fiber optic cable system in the
City rights -of -way for a five year term with an option for a one -year extension. TWTC will pay a
$5,000 administrative fee for reimbursement of costs associated with this agreement.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE
WHOLE.
B. Change Order: Sewer Repair at 6450 Southcenter Boulevard
Staff is seeking Council approval of a change order to Contract No. 13 -181 with Green River
Construction, Inc. in the amount of $104,462.03 for the Sewer Repair at 6450 Southcenter
Boulevard. This contract was originally approved in November 2013 to install a new manhole,
clear blockages and make any other necessary repairs to the sewer main near the intersection of
Southcenter Boulevard and 65th Avenue South. During initial excavation work, it was found that
two orange fiber optic ducts had broken through the sewer line at multiple locations, resulting in
an increase to the scope of the repair project as well as an extension of contract time for the
completion of landscaping and irrigation work. The City will file a claim against Comcast for the
damages to the sewer line and the costs incurred for the repair. UNANIMOUS APPROVAL.
FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE.
C. Interlocal Agreement: Briscoe /Desimone Levee
Staff is seeking Council approval of an interlocal agreement (ILA) with the City of Kent for repairs
to the Briscoe /Desimone Levee. The Briscoe /Desimone Levee is located along the east side of
the Green River between South 180th Street in Tukwila and South 200th Street in Kent. The King
County Flood Control District assigned the City of Kent responsibility for the design and
construction of setback levees retained by walls on the landward side, and this ILA will allow the
City of Kent to perform work in the City of Tukwila. The agreement authorizes the work,
designates SEPA authority, grants condemnation authority and allows work to commence. Staff
from both cities participated in the drafting of the ILA, which requires Kent to meet Tukwila's
shoreline regulations. Construction is expected to begin in early 2015 and no funds from Tukwila
are required or anticipated at this time. Committee Chair Kruller mentioned a 2013 Council motion
relating to the design work and asked staff to confirm no discrepancies between the language
discussed then and the currently proposed ILA. UNANIMOUS APPROVAL. FORWARD TO
FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE.
149