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HomeMy WebLinkAboutKing County/Fenster Levee/RES 4054RESOLUTION 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 (IAC) 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 "A" 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. d't'' DATED AND SIGNED this ~~day of July, 2006 CITY OF AUBURN _, PET R B. LEWIS MAYOR ATTEST: Dan' Ile Daskam City Clerk APPROVED AS IO FORM: Dari~i~( B. Hei City Attorney Resolution No. 4054 June 27, 2006 Page 3 of 3 ORIGINAL AGREEMENT FOR WORK TO BE PERFORMED BY KING COUNTY IN IT5 CAPACITY AS ADMINISTRATOR 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 the Green River Flood Control Zone District ("GRFCZD" or "District") by and through its Administrator, 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 held by 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 ("ILA"), in which King County is recognized as the Administrator of the GRFCZD. 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 WRIA 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 mainstem 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 WRIA-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. 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. I. 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 GRFCZD has committed an amount of $90,000 in funding, being made available through its Administrator, King County, as an additional share of the local match required for Auburn's receipt of this grant. M. The City desires to contract with the GRFCZD for the performance of certain work, to be provided by the County as Administrator of the GRFCZD, on the City's behalf, in order to construct the SRFB funded project." N. The County as Administrator and on behalf of the GRFCZD 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 City and the GRFCZD can achieve cost savings and public benefits by having the County, in its capacity as Administrator of the District, perform the work for the City. AGREEMENT NOW, THEREFORE, the City and the GRFCZD by and through its Administrator, King County, (the "parties") agree as follows: 1. Work Engineering and Environmental Services 1.1 Scope of Work. In its capacity as Administrator of the GRFCZD, King County by and through its Water and Land Resources Division ("Division") shall perform the work described on the attached Exhibit 1 on the City's behalf. 1.2 Modification of Work. If the City desires to modify the work requested, it shall notify the Division of that desire. If the Division 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 of the Director of the King County Department of Natural Resources and Parks. or designee on behalf of the GRFCZD, and the Mayor or designee for the City, authorizing the amended work. 2. County Personnel Standards The County is acting hereunder in its capacity as Administrator of the GRFCZD. Notwithstanding the foregoing, the parties recognize and agree that: a. County employees performing work hereunder shall for all purposes of this Agreement not be considered nor shall they be employees of the City; b. Control of County personnel standards of performance, discipline, and all other aspects of employment shall be governed entirely by the County and not the City. Compensation 3.1 Costs. The City shall pay the County for actual costs (direct labor, employee benefits, equipment rental, materials and supplies, utilities, permits, and administrative overhead costs) for all work performed by the County in excess of the $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 Billin~• The County will bill the City for the actual cost of all work performed in excess of the $90,000 committed by the GRFCZD. 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 Aubum permits that maybe 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. Coup Responsibilities 5.1 Coun , Status. The County is acting in its capacity as Administrator of 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 in its capacity as Administrator 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 ui 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 or until January 1, 2009, whichever occurs first, provided that either party may terminate this Agreement by written notice that must be received by the other party at least five business days before the work described in Exhibit 1 commences. Indemnification Each party shall protect, defend, indemnify, and save harmless the other party, its officers, officials, and employees, while acting within the scope of their employment, from any and all costs, claims, judgments, and /or awards of damages, arising out of or in any way resulting from the indemnifying party's own negligent acts or omissions, or the negligent acts or omissions of the indemnifying party's officials, officers, or employees, in the performance of the terms of this Agreement. Each party agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 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. Entire Agreement and Amendments This Agreement contains the specific terms of the work agreed to by the parties hereto and contains the full record of the manner in which these parties will construct this project. 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. 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. 13. Annual Appropriations The parties and the County represent that funds for service provision under this Agreement have been appropriated and are available for 2006. To the extent that funds to pay for services provided in the years after 2006 require appropriations beyond current appropriation authority, the obligations of each party, and those of the County, are contingent upon the appropriation of sufficient funds by each party's and the County's legislative authority to complete the activities described herein. If no such appropriation is made for either party or the County, this Agreement will terminate at the end of the fiscal year for which such appropriation was last made. 4 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last written below. GREEN RIVER FLOOD CONTROL ZONE DISTRICT ~~ ~~~~~~ By Director, King County Department of Natural Resources and Parks on behalf of King County as Administrator of the GRFCZD Date: /O ~/ ®,(a CITY OF AUBURN " ..~ Peter B. Lewis Mayor Date: ACT 1 12006 By irector, King County Water and Land Resource Division, as Administrator r the GRFCZD Date: A rov d as to form Senior Deputy Prosecuting Attorney Date: /V ~L.1'~~/>~ ~, . y4tfes Danielle Daskam, City Clerk Date: ~~ fl L.U~"lp ~..~. ~ h F ~~ ,, , {~.,.m._ . _....... Approved as to form Daniel B. Heid, City Attorney ~ ~ j Date: ~,,/~:, r ~``~~}.~., Attachments: Exhibits 1 (Project Description), 2 (Scope of Work), and 3 (Cost Estimate) EXHIBIT 1 FENSTER LEVEE SETBACK AND FLOODPLAIN RESTORATION -PROJECT DESCRIPTION 1. Project Description 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. The Fenster Levee was constructed in 1963 as a training levee intended to control lateral migration of the Green River from eroding adjacent properties, including farmlands at the site of what is now the City of Auburn's Fenster Park. This site is located at a position along the Green River in which adjacent land use transitions from those managed as natural lands by King County, just upstream, to densely developed single family residential uses downstream. This portion of the Green River has been identified in geotechnical studies completed for the U.S. Army Corps of Engineers as having a high potential for lateral channel migration, and has therefore been mapped as including severe channel migration hazards by King County. The existing levee crest is set at an elevation just below the height of the 100-year flood elevation determined by FEMA, with a result that it does not presently contain flooding for these larger flow events. A portion of the lands adjoining the levee are shown by FEMA as lying within the regulatory floodway as shown on the Flood Insurance Rate Maps (FIRM) for the area. All adjoining residential homes and public streets within the City of Auburn are located outside the floodplain as mapped on the FIRM, but many are wholly within the mapped Severe Channel Migration Hazard Zone mapped by King County. Through the July 2002 Interlocal Agreement for the Administration of the Green River Flood Control Zone District ,the GRFCZD has primary responsibility for maintaining flood protection at the Fenster Levee for adjoining properties. Therefore securing protection against channel migration in this reach is the fundamental flood protection objective of King County in its capacity as Administrator of the GRFCZD, and a significant concern of the City of Auburn. Meeting this flood protection objective is a fundamental purpose of the Fenster Levee Setback project, which is the subject of this present agreement. The Fenster Levee as constructed in 1963 consisted of placing fill and rip-rap into the margins of the Green River Channel, with side slopes constructed at 1.5 horizontal to 1 vertical foot (1.SH:1 V) of inclination. Both the encroachment of the river channel and the steep levee slope angles do not meet current King County standards for levee construction. Partly as a consequence of these earlier construction decisions, the levee has experienced erosion damages over the years, particularly as documented in correspondence to adjoining property owners following the 1990 flood event. Additional erosion damages have also been noted as a result of record flows of 12,400 cfs in 1996. To date, only a minor portion of the levee damages have been addressed with contemporary flood facility repairs, over a distance of about 250 feet at the very upstream end of the Fenster Levee. The current project will accomplish contemporary flood protection repairs to an additional 700 feet of eroded and deteriorating levee as well, The project entails setting back a 700 foot segment of the existing oversteepened and eroded Fenster Levee on the left bank of the Green River at RM 31.9, in order to establish levee slopes at a stable 2.SH:1 V angle of repose. The reconstructed riverbank will include a midslope bench to further stabilize the overall levee slope geometry, The edge of the river channel will be reconstructed with the installation of log flow deflectors to reduce current velocities and prevent erosion of the levee toe. Biotechnical slope stabilization elements will be installed in the form of live willow geogrids to prevent future erosion of the flood protection facility. In addition, all rip-rap and structural fill removed from the existing, damaged flood control levee will be repositioned into a setback configuration as a buried rock trench revetment, intended to function as a setback line of protection against any future channel migration that may affect the river in this reach. Setback levee construction of this type is the preferred contemporary solution for maintaining flood protection in channel migration areas such as those present at the Fenster site. Such solutions to ongoing flood protection needs will also allow this work to incorporate riparian habitat restoration elements, which are integral to modern flood facility design and construction projects like this one. These additional project features include reopening and extending a relict side channel that is blocked by the existing levee alignment, installing large woody debris (LWD) 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 WRIA 9 Technical Committee as Project MG-18 in the WRIA-9 Salmon Habitat Plan, and as set forth in the WRIA 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. This project received a SEPA Mitigated Determination ofNon-Significance (MDNS) issued by the King County WLR Division, Flood Hazard Reduction Services Section on July 10, 1997. An HPA 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 HPA will be secured by King County 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. 2. Project 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. Project Cost Estimate The cost estimate is approximately $811,400 per attached Cost Estimate (Exhibit 3). Per section 3 .of the Agreement, the City shall pay all actual costs encumbered by King County in its capacity as Administrator of the GRFCZD in excess of the $90,000 local match commitment of the GRFCZD, not to exceed a total billing from the County to the City of more than $675,900. 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 of Fish 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. ABA 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 of the 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 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.