HomeMy WebLinkAbout5.442 Original Contract
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PORT OF PORT ANGELES
338 W. First St.
P. O. Box 1350
Port Angeles, WA 98362-0251
(360) 457-8527
FAX (360) 452-3959
August 1, 1997
Becky J. Upton, City Clerk
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362-1150
Dear Becky:
Enclosed is a completed copy of the Interlocal Agreement Valley Creek Estuary,
Etc. agreement. I apologize for the delay in returning it as I was on vacation for
three weeks and both copies ended up at my desk.
Since I am not sure of the effective date, please call me and I will write it in on
our copy. My direct line is 417-3454.
Thanks for your help.
Sincerely,
PORT OF PORT ANGELES
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Glenda Amundson
Administrative Supervisor
Enclosure
COMMISSIONERS: + Glenn Beckman + Dick Foster + Jack Waud
EXECUTIVE DIRECTOR: + Christine Anderson
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CITY OF PORT ANGELES
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321 Ea~t FIfth Street. PO Box 1150
Port Angeles. Wa~hmgton 98362-1150
Phone 13601417-4500
Fax (3601417-4509
TTY Phone 1360) 417 -4645
mternet addre~~ cltym @ol~ mpus.net
CITY MANAGER
July 16, 1997
M Christine Anderson
Executive Director
Port of Port Angeles
P. O. Box 1350
Port Angeles, W A 98362
Re. lnterlocal Agreement for Valley Creek Estuary, Etc.
Dear Chris:
As you know, at its meeting of July 15,1997, the City Council approved and authorized the
Mayor to sign the interlocal agreement between the Port and the City for the Valley Creek
Estuary, etc.
Enclosed are two copies of the agreement. Please sign both copies and return one to my attention
for the City's file.
The City looks forward to participating in this joint effort as we work towards economic
development and improvement in the downtown area!
Sincerely yours,
b~-kYl/
Becky 1. U~\on, CMC
City Clerk
Enclosures
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INTERLOCAL AGREEMENT
VALLEY CREEK ESTUARY, ETC.
This agreement is executed by and between the Port of Port Angeles, a municipal corporation organized and
existing under the laws, of the state of Washington (hereafter the "Port") and the City of Port Angeles, a noncharter
code city of the State of Washington ("City") (hereinafter jointly referred to as "the parties") for the facilitation of
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economic developme~t, construction of a segment of the waterfront trail and improvement of D/~n Port
~~~a.?parties'make and enter into this Interlocel Agreement ("Agreemenn effective the . day of
, 1997, for the purposes and under the terms contained herein.
RECITALS
WHEREAS, the Port has received permits to fill an industrial pond on the Port Angeles waterfront. As a condition
for issuance of the permits, the regulatory agencies are requiring the Port to mitigate the filling of 3.9 acres of water
surface area with the construction of an equal area of new wetlands; and
WHEREAS, the Port and the City have previously agreed to cooperate in the development of replacement of
wetlands in the vicinity of Morse Creek (see attached agreement dated Feb. 1, 1994); and
WHEREAS, the Port has received final permit approval based on a two site mitigation plan as described in the
report K-Ply Log Pond Filling Program, Final Intertidal Habitat RestorationlMitigation Plan and Associated
Monitoring Process, prepared by Watershed Dynamics, dated August 1, 1993 (hereafter called the "Plan"); and
WHEREAS, one of the mitigation sites in the Plan details the construction of a 2.5 acre marine estuary on a 4 acre
Port owned site at the mouth of Valley Creek on the Port Angeles waterfront. The development of this mitigation
site is a cooperative effort of the Port of Port Angeles, the City of Port Angeles, K-Ply, Inc., Soroptomists
International and other organizations; and
WHEREAS, the Port is willing and qualified to manage the phases of the project; and
WHEREAS, the parties recognize the need to construct the project improvements and to delineate the obligations
toward the project in an organized manner; and
WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant to Chapter 39.34
RCW.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby
agree as follows:
1. AUTHORITY AND RESPONSIBILITY OF THE PORT: By virtue of this agreement, it is hereby established that
the Port shall act as the lead agency for the project. The Port shall have the authority to act on behalf of the City
provided that the final decisions regarding pre-design, design, environmental review, construction, and project
management shall be made by consensus of the parties. The parties agree to use a collaborative and cooperative
decision making process throughout the project period. By so doing, the City is not waiving or relinquishing its
rights as landowner or occupier or as operator of park facilities affected by the project in the course of permitting
or construction thereof. The Port agrees to consider the needs and desires of the City in making decisions with
regard to the delegated responsibilities.
The Port will undertake a five year monitoring program to assess the physical stability and structure of the intertidal
portion of the mitigation area (Le. the biological productivity and utilization area, and the survival and growth of
vegetation; both planted and naturally established.)
Port of Port Angeles & City of Port Angeles
Intertocal Agreement for Valley Creek Estuary, etc
July 14, 1997
Page - 1
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": 2. PROJECT MANAGEMENT: The Port agrees to manage the various phases of the Project in accordance with
standard management practices.
3. PROJECT DESIGN: The design of the Project shall be consistent with current state design standards and the
Port Comprehensive Plan, City of Port Angeles Comprehensive Plan and the Downtown Forward Plan. Both parties
must formally approve the project at the completion of pre-design, preliminary design, and final design.
4. COST - SHARING CONTRIBUTIONS: The parties agree to share project costs in accordance with the following
participation schedule:
A. PORT'S,CONTRIBUTION:
1. Provide the 4 acre parcel of land at the mouth of Valley Creek for construction of the Valley Creek
Estuary project in accordance with the general design parameters as outlined in PLAN.
2. Contribute $57,500 cash toward the design of the project.
3. Staff time to manage the project.
4. The Port will grant the City an easement or other appropriate agreement for development and
maintenance of the waterfront trail along the top of the estuary and along the waterfront between Oak and
Cherry Streets. The terms and conditions, including size and location of easement, is to be mutually agreed
to between the City and the Port and shall specify the type and limits of maintenance responsibilities to be
performed by the City.
5. The Port will be responsible for hauling the fill material from the City landfill to the Project.
B. CITY'S CONTRIBUTION:
1. Contribute $37,000 cash toward the design of the project.
2. Staff time to coordinate design and construction activities in cooperation with the Port.
3. Approximately 20,000 cubic yards of fill material located at the Port Angeles Landfill will be donated to
the project. The City will provide labor and equipment to load trucks.
C. PROJECT COST: The total estimated project design budget of $106,320 is broken down as follows:
Port of Port Angeles
City of Port Angeles
Donated
TOTALS
$ 57,500
$ 37,000
$ 13.320
$107,820
D. CONSTRUCTION COST: The total approximate anticipated construction estimate is $1,262,000.
Anticipated funding sources for the project are as follows:
Soroptimists International cash and in-kind donation:
Port of Port Angeles cash
City of Port Angeles cash
Landfill gravel at $1.25/yard
Donated professional services
K-Plv. Inc. contribution
TOTALS
$ 50,000
$ 450,000
$ 37,000
$ 25,000
$ to be determined
$ 700.000
$1,262,000
6. FORM OF PAYMENT: Each agency/organization shall keep accurate records of any and all in-kind services
that are provided as match and furnish such records to the Port upon request.
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Port of Port Angeles & City of Port Angeles
Interlocal Agreement for Valley Creek Estuary. etc
July 14, 1997
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7. METHOD OF PAYMENT: The Port agrees to manage the project finances through its accounting system.
Project costs shall be billed to the parties on a quarterly basis, not including in-kind and donated contributions.
8. PROJECT ADMINISTRATOR AND DESIGN COMMITTEE: The project administrator will be the Port's Director
of Trade and Development, who shall be authorized to request all grant funds and submit payment requests to the
parties. The project administrator shall be the voting chairman of the DESIGN COMMITTEE, which shall include
a representative of the Project Administrator, City Parks Director, City Public Works Director, Port Environmental
Manager, and Soroptimist International. The Design Committee shall meet regularly to review the project design,
construction, schedule, and funding considerations.
9. INDEMNIFICATION: The Port shall indemnify the City against and hold the City harmless from any claim,
damages or lawsuits that may result from the Port's actions pertaining to pre-design, design, environmental review,
construction, and management of the project.
10. MAINTENANCE:
a. The City will maintain the upland elements of the estuary site, including public access features, utilities
and landscaping after completion of the project.
b. The Port will maintain the estuary wetlands of the project and conduct any required post construction
monitoring of the site.
11. DURATION OF AGREEMENT: Except for the parties ongoing maintenance responsibilities as set forth in
paragraph 10, this agreement shall remain in effect until the completion of the project, which shall be the final
acceptance of construction work of the by the Port of Port Angeles.
12. AMENDMENTS OR MODIFICATIONS: No amendment to this Agreement shall be effective unless approved
and executed by the parties in writing.
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
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OF PORT ANGEtES PORT OF PORT ANGELES
EXECUTIVE DIRECTOR
APPROVED AS TO FORM:
ATTEST:
.Do~J>~ j~~
BECKY UP N, C CLE _.
" N.\PROJECTS\ESTtJAR\'\POR.TAGMT 597
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Port of Pcrt Angeles II. City of Port Angeles
Interlocal Agreement for Valley Creek Estuary, etc.
July 14,1997
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INTERLOCAL GOVERNMENTAL AGREEMENT
THIS AGREEMENT is made between the PORT OF PORT ANGELES, a municipal
corporat ion organized and existing under the laws of the State of Washington (hereafter
the .Port.) and the City of Port Angeles, a noncharter code city of the State of
Washington (hereafter the .City.). The agreement is made in light of the following facts.
The Port has applied for permits to fill an industrial pond on the Port Angeles
waterfront. As a condition for issuance of the permits. regulatory agencies are requiring
the Port to mitigate the filling of 3.91 acres of water surface area with the construction of
an equal area of new wetlands. The Port has received final permit approval based on
a two site mitigation plan contained in the K-PL Y LOG POND FILLING PROGRAM _ Final
Intertidal Habitat RestorationlMitigation Plan and Associated Project Monitoring Process,
prepared by Watershed Dynamics, dated August 1, 1993, (hereafter the .Plan-)
(Attachment 1).
The Plan details the construction of a 2.5 acre marine estuary on a 4-acre Port
owned site at the mouth of Valley Creek on the Port Angeles waterfront and a 1.5
intertidal beach at the Morse Creek mitigation site, owned by the City of Port Angeles, on
property designat ed for construction of the future Tozier Marine Park. On October 19.
1993, the Port Angeles City Council approved, in concept, the Port's use of approximately
1.5 acres of the City's Morse Creek site for mitigation in accordance with the conceptual
proposal presented in the Plan and approval of and agreement between the Port and the
City detailing each party's responsibilities in the ultimate construction of the intertidal
beach and the future Tozier Marine Park.
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This Interlocal Governmental Agreement is entered into by and between the parties
in consideration of the mutual benefit to be derived by the parties therefrom, it is hereby
agreed as follows:
CITY RESPONSIBILITIES
1. Provide one and one half (1%) acres of land within the future Tozier Marine
Park site for construction by the Port of an intertidal beach in conformance with the
approved Plan.
2. Provide a representative from the City to work with the Port and its
consultants in preparing final plans for the intertidal beach construction to insure
compatibility with the City's plans for ultimate development of the Tozier Marine Park.
3. Cause a deed restriction to be placed on the property assuring that the 1 V2
acre intertidal beach constructed by the Port will not be subject to any future U.S. Army
Corps of Engineers permit request with the exception of work which may be requested
for project maintenance or habitat enhancement.
4. Retain ownersh ip of the entire site to include the intertidal beach
construction by the Port.
5. Assume any future maintenance responsibility required for any reason on
the upland portion of the site andlor responsibility for repair of damage to adjacent
property unless the maintenance or damage is specifically determ ined to be a result of
the Port's actions associated with the construction of the intertidal beach.
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PORT'S RESPONSIBILITIES
1. Provide and pay for all engineering and geotechnical costs associated with
design of the intertidal beach, relocation of the waterfront trailway, rip-rap protection and
upland fill for Tozier Marine Park.
2. Submit the final design to the City for approval prior to advertising for bids
for construction.
3. Cause to be done and pay all costs of the intertidal beach construction,
trailway relocation (to a gravel base condition), rip-rap protection and landscapin g
between the trailway and water's edge, all in compliance with the various federal, state
and local permits issued or to be issued for this project.
4. Apply for and receive a Shoreline Substantial Development Permit prior to
beginning work.
5. Complete all work within the time requirements of the applicable permits.
6. Allow for City construction review and final approval of the project.
7. Assume any maintenance responsibility which may be required within the
intertidal beach mitigation area which may be required by regulatory agencies or for repair
of any damage to uplands which may be caused by deficiency in the design of the Port's
improvem ants on the site.
PORT OF PORT ANGELES
CITY OF PORT ANGELES
BY:
BY:
Dated this 1 st day of February , 1994.
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