HomeMy WebLinkAboutITEM VIII-B-1
AGENDA BILL APPROVAL FORM
Agenda Subject: King County Agreement for Fenster Property Phase II Date: June 27,2006
Department: Parks, Arts and I Attachments: Resolution 4054 and Budget Impact:
Recreation Aareement with Kinq County
Administrative Recommendation:
City Council adopt Resolution No. 4054.
Background Summary:
The City of Auburn and King County have historically entered into agreements for the operation and
maintenance of the existing Green River levees, including the area located on the Fenster property.
Working together, they seek substantial intergovernmental assistance related to flood protection, surface
water management, and share in the planning, administration, construction, operation, and maintenance
of the Green River channel and related facilities.
Neighborhood meetings held to discuss the development of the Fenster property have resulted in an
exhibited interest to see this accomplished. This agreement will take us one step further toward the
eventual goal to creating either a passive or active recreational site on the Fenster property. Acceptance
of this agreement will allow the City to continue into Phase II of the development of this area at a cost
savings and public benefit to the citizens of Auburn. Because of the work King County is going to do on
the levee, future work required to develop this property can be accomplished at this time and result in a
much more economical project.
Staff is asking that Council direct the Mayor to enter into this agreement with King County and allow this
project to proceed.
R0717-1
A1.3;05.1.2
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
o Arts Commission COUNCIL COMMITTEES: o Building o M&O
o Airport o Finance o Cemetery o Mayor
o Hearing Examiner o Municipal Servo o Finance o Parks
o Human Services [8] Planning & CD o Fire o Planning
[8] Park Board OPublic Works o Legal o Police
o Planning Comm. o Other o Public Works o Human Resources
Action:
Committee Approval: DYes ONo
Council Approval: DYes ONo Call for Public Hearing _'---1_
Referred to Until --1_'_
Tabled Until ---1---1_
Councilmember: Norman I Staff: Faber
Meeting Date: Julv 17, 2006 litem Number: VIII.B.1
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO.4 0 5 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK
TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY
TO PROCEED WITH PHASE II OF THE FENSTER LEVEE SETBACK
PROJECT
WHEREAS, the City of Auburn and King County have entered into several
interlocal agreements for the operation and maintenance of the existing Green River
levees; and
WHEREAS, both the Auburn Parks, Recreation and Open Space Plan and the
City's Capital Facilities Plan identify as desirable the development of the Fenster
property as a suitable active or passive recreation site; and
WHEREAS, the City of Auburn applied for, and received, an Interlocal Agency
Committee (lAC) grant for the construction of the Fenster property levee setback project;
and
WHEREAS, the City of Auburn entered into an interlocal agreement with King
County's Department of Natural Resources for Phase I of the administration of the
Green River Flood Control Zone District, a portion of which was for the levee setback
project to the east of the Fenster property; and
WHEREAS, the Green - Duwamish Ecosystem Restoration Project (ERP)
identifies a project for levee setback reconstruction and flood plain habitat restoration,
which includes elements of this work on the City's Fenster property site; and
WHEREAS the WIRA-9 Salmon Habitat Plan identifies removal and setback of
the Fenster property levee, side-channel reconstruction, and flood plain restoration at
the Fenster levee; and
Resolution No. 4054
June 27, 2006
Page 1 of 3
WHEREAS the City of Auburn and King County have jointly cooperated in
developing a conceptual plan for setback reconstruction of the Fenster property levee,
reconstruction and restoration of a relict side channel, and flood plain restoration within
the City's Fenster Park Property; and
WHEREAS the City of Auburn and King County have jointly cooperated in
preparing an application for the Washington State Recovery Fund Board (SRFB) grant to
implement this project; and
WHEREAS the City desires to contract with King County for the performance of
certain work in order to construct the project funded by the Salmon Recovery Fund
Board; and
WHEREAS King County is agreeable to perform the work on the terms and
conditions hereinafter set forth and in consideration of the mutual covenants and
agreements contained herein; and
WHERAS the parties can achieve a cost savings and public benefits by having
the county perform the work for the City through its administration of the project;
NOW, THEREFORE, the City Council of the City of Auburn, Washington resolves
as follows:
Section 1.
The Mayor and City Clerk of the City of Auburn, Washington, are
hereby authorized to execute an Agreement with King County Water and Land
Resources Division through its Administration of the Green River Flood Control Zone
District. A copy of said Agreement is attached hereto, denominated as Exhibit "An and
made a part hereof as though set forth in full herein.
Section 2.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of the legislation.
Resolution No. 4054
June 27, 2006
Page 2 of 3
Section 3.
The Resolution shall take effect and be in full force and effect
upon passage and signatures hereon.
DATED AND SIGNED this
day of July, 2006
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam
City Clerk
Resolution No. 4054
June 27, 2006
Page 3 of 3
INTERAGENCY AGREEMENT FOR WORK TO BE PERFORMED
BY
KING COUNTY WATER AND LAND RESOURCES DIVISION
THROUGH ITS
ADMINISTRATION OF THE GREEN RIVER FLOOD CONTROL ZONE DISTRICT
ON BEHALF OF
THE CITY OF AUBURN PARKS DEPARTMENT
THIS AGREEMENT is made and entered into by and between King County ("the County") and the
City of Auburn, ("the City").
RECITALS
A. The City and the County are jointly signatory to several historic and existing interlocal agreements
for operation and maintenance of the existing Green River levees, including the historic Fenster Levee
within easements to King County, on lands owned by the City at its Fenster Property Park site.
B. These interlocal agreements include the July 18, 1985 Green River Management Agreement, the
June 30, 1992 Green River Basin Program Interlocal Agreement, and the July 2002 Interlocal Agreement
for the Administration of the Green River Flood Control Zone District (GRFCZD-ILA).
C. The 1985 Green River Management Agreement recognizes that its signatories will seek subsequent
intergovernmental agreements related to flood protection and surface water management in the Green River
Basin, and mutually recognize responsibilities for sharing in the costs of planning, administration,
construction, operation and maintenance of the Green River channel and related facilities.
D. The 1992 Green River Basin Interlocal Agreement recognizes the activation of the GRFCZD to
provide a permanent and stable funding source for coordinating the activities of these signatories for
operation and maintenance of the Green River channel, and the commitment of these parties to implement
the recommendations of the Green River Levee Improvement Plan.
E. The 2002 GRFCZD-ILA was signed by the City of Auburn and King County, with others, and
states among its purposes;
. to extend and renew the principles embodied in the 1985 and 1992 Agreements;
. to provide for interagency coordination and cooperation on flood hazard reduction projects;
. to implement contemporary standards for operating, maintaining, and repairing river flood protection
facilities, consistent with the requirements of the federal Endangered Species Act and other applicable
federal, state and local laws and regulations;
. to provide a coordinated inter-jurisdictional mechanism to more effectively implement flood hazard
reduction measures;
. to cooperate with federal, state, local and other agencies having resources to support enhanced flood
hazard reduction within the GRFCZD, and;
. to coordinate the GRFCZD's projects with the WRlA 9 Forum's planning efforts for salmon
conservation, including continued support for and participation in the U.S. Army Corps of Engineers'
Green-Duwamish Ecosystem Restoration Project (ERP).
F. The Green-Duwamish ERP has identified a main stem maintenance project for levee setback
reconstruction and floodplain habitat restoration, which includes elements of this work affecting the Fenster
Levee on the City's Fenster Property Park site.
G. The WRlA-9 Salmon Habitat Plan identifies removal and setback of the Fenster Levee, side-
channel reconnection, and floodplain restoration at the Fenster site as elements of its recommendation for
Project MG-18.
Resolution No. 4054 Exhibit A
1
H. The City and the County have jointly cooperated in developing a conceptual plan for setback
reconstruction of the Fenster Levee, reconnection and restoration of a relict side channel, and floodplain
restoration within the City's Fenster Park Property.
1. The City and the County have jointly cooperated in preparing an application for a Washington State
Salmon Recovery Fund Board (SRFB) grant to implement this project.
J. The City has applied for and been awarded a SRFB grant in the amount of $675,900 to pay for the
completion of this work.
K. The City has committed an amount of$30,000 as its share of the local match required for receipt of
this grant award.
L. The County has committed an amount of $90,000 in funding, available through its administration of
the Green River Flood Control Zone District, as an additional share of the local match required for
Auburn's receipt of this grant.
M. The City desires to contract with the County for the performance of certain work, through its
administration of the GRFCZD on the City's behalf, in order to construct the ARFB funded project.
N. The County is agreeable to performing the work on the terms and conditions hereinafter set forth.
and in consideration of the mutual covenants and agreements contained herein.
O. The parties can achieve cost savings and public benefits by having the County perform the work for
the City through its administration of the GRFCZD on the City's behalf.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. Work
Engineering and Environmental Services
1.1 Scope of Work. The King County Water and Land Resources Division shall perform the work
described on the attached Exhibit 1 through its administration of the GRFCZD on the City's
behalf.
1.2 Modification of Work. If the City desires to modify the work requested, it shall notify the
County of that desire. If the County agrees, the parties shall prepare an amended Scope of Work ,
which will be attached hereto as Exhibit 2. The amended Scope of Work shall bear the signature
ofthe Director of the King County Department of Natural Resources and Parks for the County or
his designee, and the Mayor or designee for the City, authorizing the amended work.
2. County Personnel Standards
The County is acting hereunder as the administrator of the GRFCZD so that:
a. County employees performing work hereunder shall be for all purposes employees ofthe County;
b. Control of County personnel standards of performance, discipline, and all other aspects of
employment shall be governed entirely by the County.
3. Compensation
3.1 Costs. The City shall pay the County for actual costs (direct labor, employee benefits, equipment
Resolution No. 4054 Exhibit A
2
rental, materials and supplies, utilities, permits, and administrative overhead costs) for all work
performed by the County in excess of its $90,000 commitment of GRFCZD funds to provide local
matching funds to the City's SRFB grant. Administrative overhead costs shall be charged as a
percentage of direct labor costs, based on standard County rates established for this purpose.
3.2 Billing. The County will bill the City for the actual cost of all work performed in excess of
$90,000. The bill will reflect actual costs and administrative overhead, as described in Section 3.1
above, not to exceed a total billing amount of$675,900. Payments are due within 30 days of the
City's next payment processing procedure following receipt of said invoice.
4. Permits
The City is responsible for obtaining any City of Auburn permits that may be necessary for the County to
perform the work under this Agreement. The County will obtain all Federal and State permits to perform
work under this Agreement.
5. County Responsibilities
5.1 County Status. The County will administer the GRFCZD for the completion of this project on the
City's behalf, and will not purport to represent the City professionally.
5.2 County Performance. The County shall perform the work through its administration of the
GRFCZD on the City's behalf, as requested by the City and as described in the Scope of Work.
The County will furnish all necessary labor, supervision, machinery, equipment, materials, and
supplies to perform the work requested by the City in the Scope of Work.
5.3 Timing of Work. The County will make every effort to recognize pertinent City deadlines for
completion of the requested work, and will provide timely notice to the City of any hardship or
other inability to perform the work requested, including postponement of work due to
circumstances requiring the County to prioritize its resources toward emergency-related work.
6. Duration
This Agreement is effective upon signature by both parties, and shall remain in effect until completion of
the work and payment of all sums due hereunder, provided that either party may terminate this Agreement
by a written notice received by the other party at least five business days before the work commences.
7. Indemnification
Washington State law shall govern the respective liabilities of the parties to this Agreement for
any loss due to property damage, or injury to persons arising out of activities conducted pursuant to this
Agreement.
8. Audits and Inspections
The records and documents pertaining to all matters covered by this Agreement shall be retained and be
subject to inspection, review or audit by the County or the City during the term of this Agreement, and for
three (3) years thereafter.
9. Entire Agreement and Amendments
This Agreement contains the specific terms of the work agreed to by the parties hereto and contains the
Resolution No. 4054 Exhibit A
3
full record of the manner in which these parties will construct this project under the terms of the 1992
GRFClD-ILA. This Agreement supersedes any and all prior oral or written representations or
understandings. This Agreement may only be amended by mutual, written agreement between the parties,
provided that the Scopes of Work may be amended as described in Section 1.2 above.
10. No Continuing Services
This Agreement is valid only for the work items, as specified in the Scope of Work, pursuant to the terms
of the 2002 GRFClD-ILA. Ongoing services require an interlocal agreement pursuant to Chapter 39.34
RCW.
11. No Third Party Rights
Nothing contained herein is intended to, nor shall be construed, to create any rights in any third party, or to
form the basis for any liability on the part of the parties to this Agreement, or their officials, officers,
employees, agents or representatives, to any third party.
12. Invalid Provisions
If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be
affected if such remainder would then continue to serve the purposes and objectives of the parties.
Resolution No. 4054 Exhibit A
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IN WITNESS WHEREOF, the parties have executed this Agreement effective as ofthe date last written below.
KING COUNTY
CITY OF AUBURN
Director, King County
Department of Natural Resources and Parks
Peter B. Lewis
Mayor
Date:
Date:
Director, King County
Water and Land Resource Division
Attest: Dennis C. McMahon
Date:
Date:
Approved as to form for use in 2006
Senior Deputy Prosecuting Attorney
Attest:
Danielle Daskam, City Clerk
Date:
Date:
Attachments: Exhibits 1 (Project Description), 2 (Scope of ork), and 3 (Cost Estimate)
Resolution No. 4054 Exhibit A
5
EXHIBIT 1
FENSTER LEVEE SETBACK AND FLOODPLAIN RESTORATION - PROJECT DESCRIPTION
1. Proiect Description
The project entails setting back a 700 foot segment of the existing Fenster Levee on the left bank of the
Green River at RM 31.9, reopening and extending a relict side channel that is blocked by the existing
levee alignment, installing large woody debris (L WD) along the restored side-channel and mainstem
river margins, and revegetating the project site with native riparian vegetation. The newly set back
levee crest will also serve as a future segment of the Green River Trail within the new City of Auburn
Park to be constructed by Auburn, partially in conjunction this levee setback project. This work is
funded by the Salmon Recovery Funding Board (SRFB), the City of Auburn Parks Department and the
Green River Flood Control Zone District, (GRFCZD), and is intended to provide for ongoing flood
protection, and to restore instream and riparian habitat at this location.
The existing levee is rock-lined, but oversteepened, eroded, and relatively devoid of native riparian
vegetation, which is necessary for healthy fish habitat. Riparian vegetation will be planted at this
project site following site grading to restore degraded riparian habitat, thereby providing escape cover
and habitat for terrestrial insects that are an important source of food for juvenile and adult fish. Logs
will be installed along the channel margins of the mainstem Green River and within the reconnected
side channel to provide escape cover and hydraulic complexity along the left bank of the Green River at
this location, and to make it easier for juvenile fish to enter the restored off-channel flood refuge and
overwintering habitat at the present site and nearby Pautzke Slough.
This project is fully consistent with Chinook salmon recovery actions prescribed by the WRlA 9
Technical Committee as Project MG-18 in the WRlA-9 Salmon Habitat Plan, and as set forth in the
WRlA 9 Near Term Action Agenda that call for (1) improving mainstem and off-channel habitats to
increase juvenile rearing, life-stage diversity and productivity by improving connections between the
mainstem and off-channel habitat in the slough in order to increase fry-to-fingerling survival rates; and
(2) re-establishing connections between the river and the adjacent floodplain and historical side channel
habitats.
The project is located on the left (south) bank of the Green River at RM 31.9 in the southwest quarter
of Section 17, Township 21 North, Range 5 East, Willamette Meridian within the City of Auburn.
This project received a SEPA Mitigated Determination of Non-Significance (MDNS) issued by the
King County WLR Division, Flood Hazard Reduction Services Section on July 10, 1997.
An HP A was issued on August 17, 2001, and reissued by WDFW Area Habitat Biologist Larry Fisher
on August 2, 2004, for an earlier phase of this project, constructed in 2004 immediately upstream from
this project site. Another HP A will be secured by King County be secured in order to construct the
present project.
The earlier project phase immediately upstream received federal Section 404 Nationwide Permits #3,
Maintenance, and #27 Stream and Wetland Restoration Activities on August 25,2004. King County
will obtain any required renewals, extensions, or additions to these same permits that must be secured
in order to construct the present project.
All work shall be in accordance with construction plans approved by the City, and as directed by a
representative of the City of Auburn.
Resolution No. 4054 Exhibit A
6
2. Proiect Schedule
If all required permits are approved by June 15, 2006, this project will be constructed over a period of
no greater than fourteen weeks between mid-June and mid-October, 2006. If all required permits
cannot be secured by June 15, 2006, this project will be constructed over a period of no greater than
fourteen weeks between mid-August and mid-October, 2007. Some of the site revegetation will occur
during construction, and the remainder of the plantings will be installed between October 15 of the
construction year, and October 31 of the following year.
3. Proiect Cost Estimate
The cost estimate is approximately $811,400 per attached Cost Estimate (Exhibit 2). Per section 3 of
the Agreement, the City shall pay all actual costs encumbered by King County in excess of its $90,000
local match commitment, not to exceed a total billing from the County to the City of more than
$675,900.
Resolution No. 4054 Exhibit A
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EXHIBIT 2
FENSTER LEVEE SETBACK AND FLOODPLAIN RESTORATION -SCOPE OF WORK
1. Design Services
King County WLRD staff shall design the project in collaboration with staff of the City of Auburn
Parks Department staff and their consultant(s).
The City of Auburn shall perform an elevation survey of the site, and shall produce a base map showing
existing site elevations and elevation contours at intervals of 2 vertical feet.
King County WLRD staff shall produce a set of engineering drawings in sufficient detail to allow cost
estimation, support applicable City, State and Federal permit applications, and guide project
construction.
2. Permitting Services
The City of Auburn Parks Department staff shall secure all required City permits for this project,
including the Clearing and Grading Permit and Shorelines Substantial Development Permit Exemption.
King County WLRD staff shall secure all required State and Federal permits, including the Hydraulic
Project Approval (HPA) (to be issued by the Washington Department ofFish and Wildlife); Section
401 Water Quality Certification (to be issued by the Washington Department of Ecology); and Section
404 Nationwide Permits #3, Maintenance, and #27 Stream and Wetland Restoration Activities (to be
issued by the U.S. Army Corps of Engineers).
King County WLRD staff will endeavor to update and extend an existing Biological Assessment (BA)
for the project immediately upstream, which was constructed in 2004. A BA is required to initiate and
facilitate consultation among the U.S. Army Corps of Engineers, NOAA Fisheries and the U.S. Fish
and Wildlife Services as the basis for issuance by Corps of the 404 Nationwide Permits, and the
Washington Department of Ecology of the 401 Water Quality Certification, respectively. If these
federal agencies will not agree to conduct consultation based on an update ofthe existing BA, King
County WLRD staff shall prepare a new BA for this project.
3. Construction Services
Construction shall be provided by staff of the King County Department of Transportation Special
Operations Division, under the direct supervision of King County Water and Land Resources Division and
as directed by City of Auburn Parks Department staff.
Construction will include:
Placement and maintenance of all necessary temporary sediment and erosion control measures, as
described in the plan drawings and notes thereto.
Clearing and grubbing of existing invasive/non-native plants along the existing levee face and within
the newly re-opened side channel and floodplain restoration areas.
Salvage and re-use of excavation spoils (riprap and both imported and native soils) from within the
levee setback alignment, side-channel re-connection, and floodplain restoration areas, and placement of
Resolution No. 4054 Exhibit A
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these spoils landward of the setback levee for future use by the City of Auburn for construction of the
new park, in accordance with the approved plan drawings.
Export of excavation spoils that cannot be reused by the City of Auburn to a City of Auburn-approved
disposal site.
Construction of the setback levee/trail base.
Installation ofLWD along the toe of the river bank, on a low bench waterward of the levee setback/trail
and within the newly re-opened side channel.
Revegetation ofthe reconnected side channel area, the regraded riverbank slopes and a low floodplain
bench along the channel margins, the re-connected side channel area, and the restored floodplain areas
with native trees and shrubs.
Resolution No. 4054 Exhibit A
9
EXHIBIT 3
FENSTER LEVEE SETBACK AND FLOODPLAIN RESTORATION - COST ESTIMATE
PHASE 1 FENSTER LEVEE SETBACK AND FLOODPLAIN RESTORATION
TASK
TASK DESCRIPTION lenath X width X depth = vol CF = QTY UNITS X $/UNIT = COSTS
prep grading plan layout 6 DAYS 250 $ 1500
coord plans with Auburn 3 DAYS 250 $ 750
prepare permit submittals 12 DAYS 250 $ 3000
coord with permit agencies 3 DAYS 250 $ 750
construction supervision 40 DAYS 250 $ 10000
CLEAR&GRUB 880 20 1.5 26400 978 CY 14 $ 13 689
Ph.1 setback aliQnment
CLEAR&GRUB 300 200 1.5 90000 3333 CY 14 $ 46 667
Onsite soil disposal area
CLEAR&GRUB 300 60 1.5 27000 1000 CY 14 $ 14000
side channel
CLEAR&GRUB 400 150 1.5 90000 3333 CY 14 $ 46 667
floodplain excavation area
EXCAVATE 880 3 15 39600 1467 CY 14 $ 20 533
Setback Toe Trench
BURIED SETBACK TOE 880 3 15 39600 1467 CY 12 $ 17,600
Recycled rip-rap
CRUSHED ROCK 880 20 0.3 5280 196 CY 14 $ 2,738
Recycled levee subarade
PIT-RUN FILL 880 19 2 33440 1239 CY 14 $ 17 339
reCYcled levee fill
Ph.1 setback alionment
CRUSHED ROCK 880 17 0.3 4488 166 CY 28 $ 4654
1-1/4" minus}
Ph.1 setback sub-base
CRUSHED ROCK 880 16 0.2 2816 104 CY 28 $ 2920
51 8 " minus)
Ph.1 setback surface
Trail Pavina 880 16 0.3 4224 156 CY 45 $ 7040
CLEAR&GRUB 680 30 1.5 30600 1133 CY 14 $ 15867
Fenster Phase 1
levee removal)
EXCAVATE 680 15 4 40800 1511 CY 14 $ 21156
Fenster Levee
rip-rap removal)
EXCAVATE
Fenster Levee 680 30 12 244800 9067 CY 14 $ 126 933
fill removal)
EXCAVATE 400 150 4 240000 8889 CY 14 $ 124 444
floodplain excavation area
coir fabric 1360 13 9 EACH 1000 $ 9067
LWD(Fenster Ph.1\ 880 88 EACH 500 $ 44 000
Reveg (Fenster Ph.1\ 680 50 3.20 ACRES 30 000 $ 96,000
RESTORE SWALE 467 65 0.70 ACRES 40 000 $ 27874
COST PHASE 1)
$ 675,188
Resolution No. 4054 Exhibit A
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