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HomeMy WebLinkAboutRes 0836 - Interlocal Agreement - Surface Water Management for Green River CITY OF TUK Approved as to Form ATTEST: City Attorney Daniel D. Wu WASHINGTON RESOLUTION NO 836 A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH KING COUNTY AND THE CITIES OF RENTON, KENT, AND AUBURN TO PREPARE A SURFACE WATER MANAGEMENT AGREEMENT FOR THE GREEN RIVER. WHEREAS, the City Council finds it necessary for the public safety and welfare to clarify the relationships between river flows, drainage systems, flood protection needs and flood p lain management re- quirements of the Green River, and WHEREAS, the City of Tukwila, along with King County and the cities of Renton, Kent and Auburn would like to join together for the purpose of preparing a Surface Water Management Agreement for the Green River. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO RESOLVE AS FOLLOWS: The Mayor is hereby authorized to enter into an agreement with King County, the cities of Renton, Kent and Auburn for the purpose of preparing a Surface Water Management Agreement for the Green River. Further, the Public Works Director is designated as Tukwila's official to serve on the Surface Water Management Agreement Committee. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WAASHINGTON, at a regular meeting thereof this 20th day of September 1982. Mayor Gary Van Dusen City Clerk Maxine Anderson Green River Basin Program A C FILE -Cc7 January 21, 1983 TO: Green River Technical Committee Members RE: Green River Surface Water Management Agreement Enclosed for your files are signed copies of: 1) the intergovernmental agreement authorizing preparation of the Green River Surface Water Management Agreement, and 2) the scope of work for the contract with the consultant team of Steinborn, Shorett and Gedney. A copy of the agreement is also being sent to your City Clerks. The consultants will be initiating their background data gathering as soon as the contract is signed by the County Executive. They will be contacting Valley city designated representatives to compile information on city drainage policies and projects and discuss with you your objectives for the management agreement. Your cooperation with them will be appreciated. A Technical Committee meeting will be set up in February to introduce the consultants and formally initiate the project. Any questions you have prior to that time, please feel free to call Dave Clark at 344 -7990. Enclosures cc: City Clerks King County Auburn Kent Renton Tukwila King County Conservation District Valley Cities SCOPE OF PROFESSIONAL SERVICES GREEN RIVER SURFACE WATER MANAGEMENT AGREEMENT 1. Project Description The project shall be the preparation of a Surface Water Management Agreement for the Green River as authorized by an intergovernmental agreement between King County and the cities of Auburn, Kent, Renton and Tukwila dated January 6, 1983, attached hereto as Exhibit 1, and by reference made part of this scope of professional services. The Management Agreement shall be prepared consistent with the provisions specified in the Purpose section of the intergovernmental agreement and shall be coordinated and reviewed with the parties thereto as otherwise provided in the agreement. 2. Contractor Responsibilities Consistent with Phase 1 and Phase 2 provisions of Section 4 herein, the primary responsibility of the contractor shall be to prepare and recommend a draft Surface Water Management Agree- ment. The contractor shall prepare timely reports, determine the need for meetings and make presentations to facilitate decision making. Meetings with outside agencies (e.g. Corps, FEMA) will be neces- sary. Public involvement is not considered a contractor respon- sibility. The contractor shall consider all parties to Exhibit 1 as clients for the purpose of this contract and consider equally, input from each, in the preparation of the Management Agreement. Mr. Sydney Steinborn is the designated project manager and is responsible for assuring that contractor work is completed on time and within the budget. 3. Client Responsibilities The overall project management and administration shall be provided by King County as detailed in Exhibit 1. King County shall designate a project manager and shall be responsible for report reproduction, distribution and exhibit materials required for meetings. The other parties shall designate one representative to carry out their respective responsibilities as outlined in Sections 2 and 4 of Exhibit 1. Existing background data, studies and other relevant materials in the possession of King County and other parties to Exhibit 1 shall be provided as requested by the contractor to assure maximum use of previously completed information. King County and other parties will coordinate and act as liaison for contractor contacts with agencies and other interest groups and for arranging meetings and meeting places with the Technical Committee and Basin Executive Committee. 2 RS #1- 1/7/83 4. Work Process and Products The Management Agreement shall be prepared in two general phases as follows: Phase 1 Establish contacts with parties and agencies with interest and from these contacts obtain and compile an inventory of existing surface water policies, facilities, operations and needs. Conduct an assessment of existing conditions to establish the extent of surface water problems and issues related to surface drainage and river flow management. Evaluate issues and problems to determine the scope of those which lend themselves to resolution through a containing proceeding. Management Management Agreement. findings, conclusions Prepare an interim report and a recommendation on The interim report will include a mock -up draft Agreement and will be reviewed and approved by the Technical and Basin Executive Committees before proceeding to Phase 2. Cost for Phase 1 shall not exceed $11,500 without approval of King County. Phase 2 Prepare draft Management Agreement materials and conduct working sessions with parties and Technical Committee. Conduct a negotiation and refinement process seeking inter agency consensus on the provisions of the draft Management Agreement. Prepare final, draft recommended Management Agreement. Present and review final, draft recommended Management Agreement with parties, Technical Committee and Basin Executive Committee. 3 RS #1 -1 /7/83 5. Approval of Scope By signature below the designated representatives of the parties to Exhibit 1 do hereby approve this Scope of Professional Services and thereby fulfill the approval requirements of Section 3 of Exhibit 1. Mary Seabrands, Designated Representative, City of Auburn Don Wickstrom, Designated Representative, City of Kent Donovan Tracy, Project Manager mg County Dick Houghton, Designated Representative, City of Renton Byron G. Sneva, Designated Representative, City of Tukwila 4 RS #1- 1/7/83 Exhibit 2 Fee and Payment Contractor for Professional Services The contractor shall be reimbursed a fee for the services provided not to exceed $20,000 for all work and products described herein. Hourly contractor rates, total hours, percentage of services and total cost and expenses shall be as follows: Hourly of Fee Hours Services Cost Expenses Sydney Steinborn $40 64 15% 2,560 375 Alice Shorett $40 252 60% 10,000 1,500 Robert Gedney $45 108 25% 4,860 625 $17,500 $2,500 The percentage of services by individual contractor members may be reallocated to other contractor members upon approval of the King County project manager provided that the contract total is not exceeded and that the minority /woman owned participation complies with King County Ordinance No. 5983. Itemized billings will be made monthly by the contractor project manager and shall include a brief summary of the services performed during the billing period. Out of pocket expenses e.g., private auto at 224 per mile, tolls, parking, long distance telephone, clerical, drafting, reproduction and out of town meals) shall be summarized by individual contractor member and submitted with monthly billings. Total out of pocket expenses for all contractor members shall not exceed $2,500. 5 RS #1- 1/7/83 1 2 3 4 5 THIS AGREEMENT is entered into by and between the COUNTY OF KING 6 (hereinafter referred to as "King County the CITY OF AUBURN, a munici- 7 pal corporation of the State of Washington, (hereinafter referred to as 8 "Auburn the CITY OF KENT, a municipal corporation of the State of Washington (hereinafter referred to as. "Kent the CITY OF RENTON, a municipal corporation of the State of Washington (hereinafter referred to as "Renton and the CITY OF TUKWILA, a municipal corporation of the State of Washington (hereinafter referred to as "Tukwila as follows: 9 10 11 12 13 14 1. PURPOSE 15 The parties to this agreement hereby join together for the purpose of prepar- 16 ing a Surface Water Management Agreement for the Green River. The Manage 17 ment Agreement shall clarify the relationships between river flows, drahlage 18 systems, flood protection needs, and flood plain management requirements. 19 Formal guidelines for managing existing flood protection facilities and for 20 planning future flood protection facilities recognizing the needs and plans of 21 all parties shall be established by the Management Agreement. The Manage- ment Agreement shall consist of no less than the following major provisions: 22 23 24 25 26 27 28 29 30 31 32 33 AGREEMENT TO PREPARE A SURFACE WATER MANAGEMENT AGREEMENT FOR THE GREEN RIVER a. Procedures relating river flows to existing drainage facilities including allocating pumped and gravity discharges into the river and sequencing of those discharges. b. Guidelines allocating and sequencing discharges into the river from future drainage systems including a process for amending the guidelines if river capacity or flow conditions change. c. Public safety and welfare provisions related to the control and regulation of river flows and discharges including but not limited to emergency operations and warning systems, evacuation plans and flood fighting procedures. d. Procedures and authorities for implementing tale provisions of the Manage- ment Agreement. 2. ALLOCATION OF COSTS AND RESPONSIBILITIES The parties hereto shall bear full responsiblitiy for the costs of preparing the Management Agreement as defined in Section 1. Costs shall be allocated equally as follows: King County 20% Auburn 20% Kent 20% Renton 20% Tukwila 20% Provided that, a one fifth share (20$) shall not exceed $4,000 and the total project cost shall not exceed $20,000. For the purpose of this agreement, costs are defined as the costs incurred in contracting for consultant services (Section 3). No duty specified in this agreement shall require any party to expend any funds or to have the responsibility for completing or funding the completion of the proposed Management Agreement beyond this share amount. King County shall be designated as the lead agency responsible for coordi- nating preparation of the Management Agreement and shall designate a project manager for that purpose. The other parties shall designate one representa- tive to coordinate with the King County project manager, and each said representative shall have the authority to grant approvals and make decisions required in the preparation of the Management Agreement, provided that this representative authority shall not be construed to bind any party's legislative authority to approve the final proposed Management Agreement. 2 King County shall prepare statements of the costs of all consultant services (Section 3) incurred in preparing the Management Agreement. Total statement costs for consultant services shall be apportioned in equal one fifth shares (20 to each of the parties hereto. Reimbursement of costs shall be made to King County by the other parties within thirty days of receipt of invoice from King County. 3. CONSULTANT SERVICES The parties hereto agree that King County shall have the authority to contract for professional services to prepare any or all parts of the Management Agree- ment. King County agrees to solicit active participation of the parties hereto in defining a scope of work for all contracted consultant services and further agrees to enter into contractual arrangements only if the scope of work has been approved by all parties. Formal correspondence between designated representatives and the King County project manager shall be the sole method for indicating approval. 4. COORDINATION, REVIEW AND SCHEDULE All parties shall play active roles in the progress and development of the Management Agreement. Each designated representative shall be available to provide assistance to the project manager and consultants and shall partici- pate, directly in drafting preliminary materials, examining draft reports and rendering timely decisions to avoid unreasonable delays. The project manager shall coordinate the activities of the designated representatives and consul- tants and shall provide regular and timely reports on the progress and devel- opment of the Management Agreement to the Green River Technical Committee. The Technical Committee shall review all preliminary reports and documents and shall be responsible for preparing a draft Management Agreement for review by the Green River Basin Executive Committee (BEC). The BEC shall review the Technical Committee recommendation and prepare a final proposed Management Agreement which can be submitted to the parties respective legislative bodies for action. 3 The parties hereto agree that it is their intent to complete a final proposed Management Agreement within one year from the effective date of this agree- 6. DURATION ment. All parties shall, within 60 days of receiving the final proposed Man- The duration of this agreement shall be one year from the effective date. 4 agement Agreement, submit the Management Agreement to their respective legislative bodies for action. Provided that, this agreement does not bind the parties hereto to formally adopt any recommendation contained in the Manage- ment Agreement. It is expressly recognized that participation in this agree- ment does not diminish or affect any parties' responsibility or authority to fully administer state and local laws and regulations within the Green River basin. 5. OTHER AGENCIES The parties hereto agree that preparation of the Management Agreement and implementation of its provisions would be facilitated by the cooperation and support of other federal, state and local agencies having water resource responsibilities in the Green River basin. These agencies include, at the minimum, the U.S. Army Corps of Engineers, the U.S. Soil Conservation Service, the Federal Emergency Management Agency, the Department of Ecolo- gy and the Municipality of Metropolitan Seattle (METRO). The parties hereto agree to seek the active participation of these agencies in the preparation of the Management Agreement and agree to cooperatively request their formal ratification of its provisions providing it is adopted by the parties hereto. 7. TERMINATION OR AMENDMENT This agreement may be amended or terminated only by the expressed agree- ment of all parties pursuant to legislative action by each signatory to this agreement. 8. EFFECTIVENESS This agreement shall be filed and submitted for approval by the requisite authorities and upon the last such filing or approval, the agreement shall come into and be of full force and effect. KING COUNTY The signing of this agreement was authorized by the governing body of KING C COUNTY adopted at a meeting on 25 1982. ATTES By t� Date: 116V AUBURN KENT ATTEST By: )Tet 1.:_ 7 v Date: SIVR• ATTEST By: g Date: (o /P13 5 By: Title: Date: COUNTY EXECUTIVE By: Title: Date: NOV 91982 The signing of this agreement was authorized by the governing body of the CITY OF AUBURN adopted at a meeting on &t /7 1982. -6 1'3 The signing of this agreement was authorized by the governing body of the CITY OF KENT adopted at a meeting on e 7 1982. v I 7 By:A r3e Title: 77Cf-r 64_ Date: /Z 1 2 3 4 5 6 7 .8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RENTON The signing of this agreement was authorized by the governing body of the CITY OF RENTON adopted at a meeting on Sept. 20 1982. CAG 074 -82 By Ak4.-fcad ATTEST By: -4i Title: Mayor Date: /.2--c).-e-8;2— Date: /a g TUKWILA The signing of this agreement was authorized by the governing body of the CITY OF TUKWILA adopted at a meeting on ATTEST By: 73 Date: /2- JP ;P 6 aD 1982. 7 Title: cr- wt.� u Date: 2'-