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HomeMy WebLinkAboutContract • CAG-13-009 AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON FOR CEDAR RIVER GRAVEL REMOVAL PROJECT This Agreement is made and entered into by King County,Washington("King County"),by and through its Water and Land Resources Division of the King County Department of Natural Resources and Parks(hereinafter referred to as "WLRD"), and the City of Renton, (hereinafter referred to as"City"),and collectively referred to.as the "Parties." I. Purpose The purpose of this Agreement is for the City to undertake activities in connection with the Cedar River Gravel Removal Project("Project"),identified in the King County Flood Control District's("District")annual budget and work program for each of the fiscal years 2012,2013, and 2014. The Project has been determined by the District to merit funding as consistent with the District's mission and purpose. King County in large measure through WLRD functions as the service provider to the District under the terms of an interlocal agreement("ILA")between King County and the District and under the ILA implements the District's annual work program and budget. King County by and through the WLRD is entering into this Agreement in its capacity as service provider to the District.This Agreement provides the terms under which the City will provide project management,design and engineering,environmental review and planning,public outreach and construction for the Project, as described in'Exhibit One,attached to this Agreement and incorporated herein and made a part hereof, and the WLRD will reimburse the City up to $5,313,000 for Project costs. H. Background Significant volumes of gravel accumulate in the lower 1.25 miles of the Cedar River each year. Over time this gravel deposition reduces the river channel's capacity to convey flood flows. In order to avert corresponding flood damages to critical infrastructure and regionally significant economic investments in this area,periodic gravel removal of the deposited gravel is necessary to maintain flow conveyance. Gravel removal was most recently performed in 1998 by the U.S.Army Corps of Engineers as part of the Cedar River 205 Flood Control Project("1998 Project"). The City,as the local sponsor and owner of the 1998 Project,committed through formal agreement to ongoing Page 1 of 15 maintenance of channel bed elevations. The City-Corps agreement's threshold for periodic gravel removal maintenance is based on ensuring flood protection against the 100-year flood event with at least 90 percent reliability. Channel bed elevations are once again approaching threshold levels, and gravel removal is necessary to meet the 1998 Project commitments. The City has determined that by 2014 gravel removal will be necessary based on the results of monitoring ongoing gravel accumulation. The City and King County intend to jointly address these needs by implementing the-Project,which will include both gravel removal and any mitigation required by regulatory agencies in connection with the gravel removal. Past experience indicates planning and permitting will likely require significant time and effort to ensure appropriate project implementation and mitigation of impacts from gravel removal activities. Because the gravel removal will affect regulated wetlands and aquatic habitat of salmon species listed under the Endangered Species Act,compensatory mitigation measures will likely be required as part of the Project. A groundwater spawning channel was constructed upriver as part of the 1998 Project to provide mitigation for both initial and future gravel removal;however, it was destroyed during a subsequent landslide. The ground water spawning channel was replaced by the City and the Corps in 2009 with a new spawning channel located at approximately river mile 3.4. In addition,the Corps constructed the Elliot Spawning Channel at river mile 4.9 in 2001 that provides mitigation for the Project. It is anticipated that additional mitigation may be required to meet permit requirements for the Project. The mitigation measures may take longer to complete than the gravel removal,therefore this agreement would potentially extend beyond 2015. Both the gravel removal and the mitigation elements of the Project are anticipated to be constructed during the summers of 2014 and 2015 due to the short in-stream work window allowed by Washington Department of Fish and Wildlife,difficult access into and out of the river to remove gravel,the extensive length of the Project site, and the sensitive nature of the work. The King County Flood Control District("District")has allocated$5,313,000 dollars in its 2012, 2013 and 2014 budgets to support the Project,which is identified as a Proposed Action in the 2006 King County Flood Hazard Management Plan, and in the 2012-2017 adopted District Six- Year Capital Improvement Plan. Page 2 of 15 • 0 III. Administration A. The terms of this Agreement will be administered for WLRD by a Project Liaison to be designated by WLRD("KCPL"),and for the City by a Project Liaison to be designated by the City("RPL"). B. In the event that a dispute arises under this Agreement,it shall be referred for resolution to the Division Director of WLRD,or other representative as designated by King County, and to the Public Works Administrator,or other representative designated by the City. This dispute resolution provision shall not be construed as prohibiting either Party from seeking enforcement of the terms of this Agreement,or relief or remedy from a breach of the terms of this Agreement,in law or in equity. IV. Responsibilities A. City 1. The RPL will ensure that the KCPL is kept generally informed of Project status, including scope,schedule and budget,and will ensure that the KCPL has the opportunities for participation,review,and approval for specific activities and Project deliverables, as set out in Exhibit One,attached to this Agreement and incorporated herein and made a part hereof. 2. The City shall perform tasks as described in Exhibit One,and shall provide copies of all deliverables to WLRD. 3. The City will bill WLRD for performance of tasks and services provided per Exhibit One as described in Section V. 4. Upon completion of the lDroject,the City shall be entirely responsible for all long- term Project monitoring required by regulatory or permitting agencies and any applicable permits. 5. City will require that the District and King County will be added as named insureds to all contracts for implementation of the Project and will provide copies of such endorsements to the KCPL. B. County 1. WLRD shall pay for the services provided as described in Exhibit One and make payments in accordance with the terms of Section.V.below. 2. WLRD will provide timely review, feedback and when necessary,decisions on approval,on all deliverables provided by the City. Page 3 of 15 3. The KCPL or their representative will attend meetings,site visits, and public outreach events as described in Exhibit One. 4. At the City's request,WLRD shall provide supporting services and information, such as: project management(senior engineer); technical expertise(senior engineer, senior ecologist, fluvial geomorphologist,fisheries scientist, GIS analyst); and 3),data,reports and other relevant Project information. V. Revisions to Project Scope and/or Budget At two Project stages,completion of the engineering cost estimate and bid selection,the Parties will determine whether Project costs will appear to exceed the total of$5,313,000 provided for in this Agreement. If it appears Project costs will be exceeded,Renton may request that the District consider allocating additional funds to the Project. The District is not a party to this Agreement and nothing in this Agreement creates an obligation for the District to allocate or consider allocating additional funds to the Project. If additional funds become available and the Parties agree to an increased Project total,the Parties will execute an amendment to this Agreement. If additional Project funds do not become available,the Parties may agree to amend the Project Scope so that Project costs do not exceed the amount provided for in this Agreement. VI. Billing and Payment A. WLRD shall pay the City up to$5,313,000 for actual costs incurred to perform the tasks as described in Exhibit One, as currently budgeted in the District CIP budget for the Project. B. Expenditures to be reimbursed by WLRD shall be included on itemized invoices submitted by the City and shall be subject to approval by WLRD. The City will invoice WLRD on a quarterly basis. Payment on approved invoices will be made within 45 days. C. The Parties represent that funds for conducting activities under this Agreement have been appropriated ro riated and are available for 2012. To the extent that conducting activities covered under this Agreement requires future appropriations beyond current appropriation authority,each of the Parties' obligations is contingent upon the appropriation of sufficient funds by that Party's legislative authority to complete the activities described herein. King County's obligations are further contingent upon the future appropriation of funds by the District. If no such appropriation is Page 4 of 15 made by either Party, or by the District,this Agreement will terminate at the close of the appropriation year for which the last appropriation that funds these activities was made. VII. General Terms A. This Agreement is effective upon signature by both Parties and shall remain in effect until the end of the required Project monitoring period. B. This Agreement may be amended,altered, clarified,or extended only by the written agreement of the Parties hereto. C. This Agreement is not assignable by either Party, either in whole or in part. Neither Party is acting as the agent of the other in carrying out the obligations and activities under this Agreement D. The City shall observe and abide by all applicable requirements related to the procurement of goods and services as mandated b law. g Y E. This Agreement is a complete expression of the intent of the Parties and any oral or written representations or understandings not incorporated herein are excluded. The parties recognize that making regular progress is necessary in the performance of the provisions of this Agreement.,Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the parties which shall be attached to the original Agreement. F. 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 by the City,the County and/or the District, granted under state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington,or as otherwise granted or provided for by law. Page 5 of 15 VIII. 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, 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 implementation of the Project. As to all other obligations under this Agreement,to the maximum extent permitted by law, 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 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 King County 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. Each Party agrees that its obligations under this subparagraph 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. In the event that a Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees,to enforce the provisions of this Article, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. This indemnification shall survive the termination of this Agreement. IX. Counterparts This Agreement may be executed in counterparts. Page 6 of 15 0 IN WITNESS WHEREOF,the Parties hereto have executed this agreement on the day of '2012. Approved as to Form King Co n By: By: Z"�— Title: D ty Prosecuting Attorney Title: Di of atural Resources and Parks Approved as to Form City of Renton w'?w By: Lawrence J . Warren By: Denis Law City Attorney �3 Title: Title: Mayor aai3 T Attest: r Bonnie I Walton City Clerk Page 7 of 15 Exhibit One Scone of Work Cedar River Gravel Removal Project Project Description The Cedar River Gravel Removal Project("Project")has two primary components: gravel I removal and mitigation. Gravel removal will involve several phases,including: staging and mobilization, fish exclusion of the site and fish removal/rescue,care and diversion of water, gravel removal,hauling and disposal,site restoration, and demobilization. Gravel removal is expected to be accomplished with heavy equipment(excavators,bull dozers,frontend loaders, graders, earthmovers,etc.)and dump trucks. Due to the extensive length of the project site, gravel removal may be broken into several sequenced phases covering smaller,more manageable work areas. Also,the work may need to occur over the summers of 2014 and 2015. In this case, several of the above described activities would be repeated for each successive phase. Any work activities that will take place below the ordinary high water level can occur only during a permit prescribed summer instream work window. However,other work activities that will take place above the ordinary high water level may occur outside the instream work window,such as staging and mobilization,�stockpiling,hauling and disposal of gravel spoil, some site restoration, and demobilization. Mitigation is the second primary component of the Project. It is expected that impacts to in-river and riparian habitat resulting from gravel removal activities will require mitigation. At the time of execution of the attached Agreement,whether mitigation will be required and what it will consist of is unknown. The nature and extent of any required mitigation will be determined through consultation with regulatory and tribal agencies during the design and permitting process. During the 1998 gravel removal project,the City agreed with regulatory and tribal agencies to mitigate for habitat impacts by constructing a spawning channel farther upriver and providing ongoing gravel supplementation below Landsburg dam. Page 8 of 15 Scope of Work The Scope of Work will include all tasks and activities necessary to implement the Project, including both the gravel removal and any required mitigation,as detailed below under the following task headings. 1. Project Management 2. Engineering and Design 3. Environmental Review and Permitting 4. Outreach and Stakeholder Involvement 5. Construction Contract Solicitation and Award 6. Construction Task 1. Project Management The City shall manage the Project scope, schedule and budget to ensure timely and effective Project implementation. This includes coordinating City staff and management,County staff and management,consultants, contractors, and Project stakeholders. This task also includes providing quarterly project progress reports to WLRD. This task will be ongoing throughout the duration of the Project. Actions: • Quarterly project management coordination meetings(meetings may be requested more frequently if/when deemed necessary). The King County Project Liaison(KCPL)will be provided the opportunity to attend all meetings. Deliverables: • Quarterly progress reports (reports may be requested more frequently if/when deemed necessary,such as during construction),to include scope/schedule/budget status, accomplishments,issues and concerns, next steps and action items • Quarterly invoices for project expense reimbursement,subject to WLRD review and approval Page 9 of 15 Task 2. Engineering and Design The City shall prepare plans,specifications,quantity and cost estimates and other technical information required to obtain permits, inform stakeholders and the public, develop contract documents and construct the Project. Also included are planning,data collection and supporting analyses and studies. This may include hydrologic and hydraulic analyses,geomorphic analyses,geotechnical engineering,topographic and bathymetric survey,habitat survey, and all other actions necessary to complete this task. This task will be supported by existing data and information including river cross-section data,spawning data,and hydraulic models. Obtaining any necessary construction easements are also included in this task. Actions: • Design Kickoff Meeting • Design Review Meetings • Site Visits The KCPL will be provided the opportunity to attend all meetings and site visits. Deliverables: • Consultant RFPs • Consultant SOWs • Technical Reports and Memos • Mitigation Alternative Selection • 30%Design Package(PS&E,engineers estimate,tech memo) • 60%Design Package(PS&E,engineers estimate,tech memo) • 90%Design Package(PS&E,engineers estimate,tech memo) • Final Design Package(PS&E,engineers estimate,tech memo) The KCPL will be provided with the opportunity to review and comment on all consultant RFPs and scopes of work,technical reports and memos,and all design packages. The City's Page 10 of 15 i selected consultant,selected mitigation alternative and the final design package are subject to approval by KCPL. Task 3. Environmental Review and Permitting The City will conduct all required environmental review and obtain all permits necessary to construct the Project. This will include compiling existing data and information, collecting new data,conducting analyses and prepare corresponding reports as necessary to document existing conditions as needed to conduct required environmental review(such as SEPA),preparing and submitting all necessary permit applications, and determining mitigation requirements. Depending on the nature and extent of any required mitigation,anticipated permits and consultations may include • US Army Corps of Engineers—404 and Section 10 permits • US F&WS and NMFS—ESA Consultation • Muckleshoot Indian Tribe-Consultation • WDFW—Hydraulic Project Approval • WDOE—401 Certification,NPDES construction permit • WDOE—CZM consistency and Shorelines review • WDNR—Aquatic Use Authorization/Aquatic Lands Lease • WDAHP—Cultural resources compliance • City Permits(gravel removal)—Shorelines, Grading, Critical Areas • County Permits(mitigation)—Shorelines,Grading,Critical Areas Actions: • Pre-application meetings with agencies • Public meetings associated with environmental review process • Site visits with agencies, as needed The KCPL will be provided the opportunity to participate in these meetings and site visits. Page 11 of 15 • I, i Deliverables: • Publications associated with environmental review process(such as draft and final SEPA Checklist) • Publications associated with agency consultation and permit applications(such as biological assessment) • Other technical reports supporting permit applications • Permit applications The KCPL will be provided the opportunity to review and comment upon the above prior to submittal of permit applications to regulatory agencies. Task 4. Outreach and Stakeholder Involvement The City will conduct proactive outreach and involvement with Project stakeholders and the public. Project success will depend on early, close and consistent coordination with affected stakeholders, including: the Boeing Company,the Renton Municipal Airport,the Muckleshoot Indian Tribe,citizens groups, and regulatory agencies(local,state and federal). While outreach to inform and solicit feedback from the general public will be important,more focused and targeted coordination with key stakeholders throughout the Project cycle will be essential. Actions: • Stakeholder Meetings • Public.Meetings The KCPL will be provided the opportunity to attend all meetings. Deliverables: • Public Meeting Notices • Press Releases • Project Webpage The KCPL will be provided the opportunity to review and comment upon all deliverables prior to release. Page 12 of 15 Task 5. Construction Contract Solicitation and Award The City will conduct all actions necessary to solicit,award and execute a construction contract. Actions: • Bid document package preparation • Bid advertisement • Pre-bid site visit • Contractor evaluation and selection • Contract execution The KCPL will be provided the opportunity to participate in the pre-bid site visit,and to review and comment upon the bid document package,and contractor evaluation and selection. The award of the contracts is subject to KCPL approval. Deliverables: • Construction Bid Documents • Construction Contract Task 6. Construction The City will implement all steps necessary to implement the project including construction, construction management, compliance with permit conditions,construction inspection and reporting. Construction includes both the Cedar River gravel removal and any required mitigation requirements associated with the gravel removal. Actions: • Periodic site visits to both gravel removal and mitigation construction sites • Punch list walkthrough and documentation Deliverables: • Construction management plan • Change orders Page 13 of 15 I • • • Completed construction project The KCPL will be given the opportunity to review and comment upon the construction management plan. Any construction change orders in excess of$50,000 are subject to KCPL approval. Page 14 of 15 i Estimated Costs Item Estimated Cost($) Task 1. Project Management $300,000 Task 2. Engineering and Design $450,000 Task 3. Environmental Review and Permitting $300,000 Task 4. Outreach and Stakeholder Involvement $20,000 Task 5. Construction Contract Solicitation and Award $20,000 Task 6. Construction—Gravel Removal $3,000,000 Task 7. Construction—Mitigation $530,000 Task 8. Monitoring and Maintenance TBD Subtotal $4,620,000 15 %Contingency $693,000 TOTAL $5,313,000 Cost Share Responsibilities Item Cost Share($) WLRD—KCFCD $5,163,000 City—KCFCD Opportunity Fund $150,000 TOTAL $5,313,000 Page 15 of 15