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HomeMy WebLinkAbout5.442 Original Contract r 5. </1~ ~ 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 ~~ Glenda Amundson Administrative Supervisor Enclosure COMMISSIONERS: + Glenn Beckman + Dick Foster + Jack Waud EXECUTIVE DIRECTOR: + Christine Anderson 5. </</~ CITY OF PORT ANGELES ~ 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 . , 't . p*" , . .. ,'" 5.<f4:L- 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 \ 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 _\ 't't j ',,- ": 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. Page - 2 Port of Port Angeles & City of Port Angeles Interlocal Agreement for Valley Creek Estuary. etc July 14, 1997 " " "' I-I..: 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. ~ 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 , ,- \. ' _..._~-~---- Port of Pcrt Angeles II. City of Port Angeles Interlocal Agreement for Valley Creek Estuary, etc. July 14,1997 Page - 3 5 ,.,........., -- ..., , ~'--) ~ --- . 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. 1 . 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. 2 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. 3