Mountlake Terrace Forum - Funding for Lake Ballinger McAleer Crk CIP,5-663
FUNDING AGREEMENT BETWEEN
THE CITY OF MOUNTLAKE TERRACE AND THE CITY OF EDMONDS
TO DEVELOP CAPITAL IMPROVEMENT PROJECT DESCRIPTION, SCOPE AND COSTS
FOR PROJECTS LISTED IN THE LAKE BALLINGER/MCALEER CREEK FORUM
CAPITAL IMPROVEMENT PLAN
This agreement ("Agreement") is made and entered into on this day by and between the City of
Mountlake Terrace ("Mountlake Terrace"), a municipal corporation of the State of Washington,
and the City of Edmonds ("Edmonds"), a municipal corporation of the State of Washington,
hereinafter referred collectively as Parties.
WHEREAS, Mountlake Terrace and Edmonds have in the past cooperatively shared
responsibility for water resource issues in the Lake Ballinger Basin; and
WHEREAS, property owners on the shores of Lake Ballinger have experienced flooding
of their property; and
WHEREAS, Mountlake Terrace and Edmonds have participated as member jurisdictions
of the Lake Ballinger/McAleer Creek Forum along with the cities of Lynnwood, Lake Forest
Park, Shoreline and Snohomish County to collectively deal with flooding issues within the
greater Lake Ballinger/McAleer Creek watershed; and
WHEREAS, the Strategic Action Plan and Capital Improvement Plan developed in
January 2010 and approved by the Forum calls for projects to be jointly undertaken to address
flooding concerns along the shorelines of Lake Ballinger between Mountlake Terrace and
Edmonds; and
WHEREAS, the work to prepare initial project descriptions, and project cost opinions are
necessary to implement priority A and B projects in the Phase I category for the upper McAleer
Creek/Lake Ballinger portion of the Capital Improvement Plan;
WHEREAS these project descriptions and cost options will lead to permits, project
designs, plans, and specifications used to construct the projects in the Capital Improvement Plan;
NOW, THEREFORE, in consideration of the mutual promises by the parties set forth
herein and subject to the terms and provisions contained herein, Mountlake Terrace and
Edmonds agree to the following:
1. Purpose:
It is the purpose of this agreement to develop project descriptions, plans, specifications
and costs for the priority A and B projects identified to be the joint responsibility of Mountlake
Terrace and Edmonds as listed in the Forum Capital Improvement Plan attached hereto as
Exhibit 1 and incorporated by reference.
Funding Agreement
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2. Implementation:
Edmonds agrees to reimburse Mountlake Terrace up to the maximum dollar amount as
identified in paragraph 2.2(B) for work to develop project descriptions, plans, specifications and
costs opinions for Capital Improvement Projects listed in the Forum Capital Improvement Plan
and designated as joint Mountlake Terrace — Edmonds projects and as further described in the
Scope of Work attached hereto as Exhibit 2 and incorporated by reference.
2.1 Mountlake Terrace agrees and shall:
A. Draft the scope of work for a qualified consultant that shall include research and
review of existing engineering studies, development of project descriptions, plans, specifications
and cost opinions for projects identified to be the joint responsibility of Mountlake Terrace and
Edmonds in the Capital Improvement Plan. The scope of work, schedule, and budget shall be
approved by the designated Project Managers of both parties and shall not exceed $250,000.
B. Develop and manage a professional services contract for a qualified consultant.
C. Act as fiscal agent for the parties regarding all funds involved in the project.
D. Receive and manage the funds.
E. Enter into a professional service contract with a qualified firm, individual, or
entity based upon the recommendations of the Project Managers from both parties, provided
however the final decision shall be Mountlake Terrace's sole discretion.
F. Respond to public records requests made to it relating to the proposed work and
will assist Edmonds in response to records requests made to the City of Edmonds.
G. Pay fifty -percent (50%) of the cost for a qualified consultant to perform the tasks
listed in the Scope of Work not to exceed $35,000 for calendar year 2011. For calendar years
2012 and 2013, paying up to $45,000 each year, but only if such funds are appropriated by City
Council in the budget for these years.
H. Provide two hard copies and one electronic copy of the draft and final work to
Edmonds.
I. Show good faith in responding to any comments Edmonds may have on the work
and incorporating such comments into the final work.
2.2 Edmonds agrees and shall:
A. Have its designated Project Manager work closely with the Mountlake Terrace
Project Manager on technical issues related to the project scope, especially on
hydrology/hydraulic issues, including providing timely, technical review of all consultant
deliverables.
Funding Agreement 2
B Pay fifty -percent (50%) of the cost for a qualified consultant to perform the tasks
listed in the Scope of Work not to exceed $35,000 for calendar year 2011. For calendar years
2012 and 2013, paying up to $45,000 each year, but only if such funds are appropriated by City
Council in the budget for these years.
3. Payment to Mountlake Terrace:
Edmonds shall make payment to Mountlake Terrace, subject to the limits in section
2.2(B), above, within thirty (30) days of a request for reimbursement for costs/fees documented
by a contract billing from the consultant performing the work.
4. Representatives:
The Parties shall each designate project managers who have authority to administer all
aspects of the Agreement. The Parties shall notify each other in writing within fourteen (14) days
of the execution of this Agreement of these assignments, and shall promptly give notice of any
change in the assigned project manager. No separate entity is created by this Agreement.
5. Indemnification:
Each party shall defend and indemnify the other, their officers, agents, and employees
from any and all judgment, claims, actions, suits, liability, loss, costs, expenses, including
reasonable attorney's fees, and damages of any nature, arising out of each party's share of
negligent action in the performance of this agreement. It is further specifically and expressly
understood that the indemnification provided herein constitutes the parties' waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties. The provisions of this section shall survive
the expiration or termination of this Agreement.
6. Termination:
6.1 Either party may terminate their involvement in this Agreement upon the
provision of ten (10) days written notice to the other party, provided that said termination notice
must be received by the other party prior to the date on which a contract for the consulting
services described herein is awarded.
6.2 Following the execution of a consulting contract, either party may terminate their
involvement in the Agreement but shall remain obligated to pay for 50 % of the work performed
by the consultant prior to the date of termination.
6.3 Unless terminated as provided above, this Agreement shall remain in effect until
completion of the Scope of Work by a qualified consultant.
6.4 If, on the action of either party, this Agreement should be terminated and the
contract for project development is also terminated, either party may continue to complete the
Funding Agreement 3
work for project development on their own and shall have all rights to any partial work
performed under this Funding Agreement to the date of termination.
7. Legal Relations and General Provisions:
7.1 No joint venture, agent -principal, partnership or separate legal or administrative
authority is created by this Agreement unless expressly stated herein. No employees or agents of
one party or any of its contractors shall be deemed, or represent themselves to, employees of
another parry.
7.2 It is the specific intent of the Parties, and both Parties agree that this Agreement
shall not confer third party beneficiary status on any non-party.
7.3 Mountlake Terrace shall require any contractor retained for described work to
maintain Commercial General Liability, Automobile Liability and Professional Liability policies
insuring Edmonds, their officers, officials, agents and employees, as additional insureds. The
contractor's insurance shall be the primary to and not contributing with any insurance or self
insurance that may be carried by Edmonds.
7.4 The obligations of the Parties under all provisions of this Agreement, which may
reasonably be interpreted or construed as surviving the completion, termination, or cancellation
of this Agreement, shall survive the completion, termination or cancellation of this Agreement
any expiration or termination of this Agreement.
7.5 This Agreement, inclusive of the Scope of Work and attachments hereto, contains
the entire agreement and understanding of the parties with respect to this undertaking, and
supersedes all prior oral or written understandings, agreements, or promises. This Agreement
may not be modified or amended except by written instrument executed by the Parties'
authorized representatives.
7.6 This Agreement may be executed in counterparts, each shall be deemed an
original instrument, and all counterparts together will constitute one and the same Agreement.
Funding Agreement 4
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed the day
and year first herein above written.
Approved as to Form
'4
City Alto ey
Date
City of Edmonds
ayor
Date
.Approved as to Form
Date
.rte �1MMAW.'
Attorney
Funding Agreement 5
Lake Ballinger/McAleer Creek_ Watershed Forum Capital ImprovE
a
ect Priority Lake Ballinger/Hall
fiction or Project DesoriptlonCreek McAleer Creek Projec
Watershed Watershed Watershed Watershed Projected Planning PC
— .
Issue A Issue B Issue C Issue D Level Cost
Lower McAleer Creek T (2009 dollars)
Enhance and replace four culverts on McAleer
Upgrade/Replace Culverts on D
McAleer Creek Creek in Lake Forest Park
CID
N McAleer Creek Flood Berms E Install berms or other flood proofing along McAleer
tp Creek in Lake Forest Park
t
a
Basin Wide LID Retrofits F Retrofit existing city parcels and right of way with
Low Impact Development BMP's
Upper McAleer Creek/Lake BallingerlHall Creek
X
Forum Project
Model the Hall Creek and Lake
Accurately model flow and determine flood plain
Accurately model flow and determine flood plain
1
111
elevations for McAleer Creek from Lake Ballinger to
X
Forum Project
Lake Washington - develop modeling and flood
Model the McAleer Creek flood
plain management guidelines to assist the Cities of
X
plain in Lake Forest Park and
Al Shoreline and Lake Forest Park with future
X
Shoreline [o update FEMA
development or redevelopment and to leverage
guidelines to determine the most advantageous
Flood plain mapping information
FEMA funds for flood proofing program. This
plain mapping information
portlon of the FEMA flood plain mapping project
Private Project
will assume flows from Lyon Creek have been
Nredirected
or minimized.
M
Develop and implement flood
—
L
Private Project
d
Develop and implement flood
A2 Leverage FEMA funds for flood proofing program
proofing program
McAleer Creek Weir
Lyon Creek Bypass/Lyon
I
I Forum to provide encouragement to Lake Forest
y
Creek Channel Modifications
B Park to seek funds to eliminate the Lyon Creek
--
overflow to McAleer Creek during storm events
-
Action I
McAleer Creek Bypass Intake
I
C Retrofit McAleer Creek Bypass Intake to optimize
X
Retrofit
facility function
Enhance and replace four culverts on McAleer
Upgrade/Replace Culverts on D
McAleer Creek Creek in Lake Forest Park
CID
N McAleer Creek Flood Berms E Install berms or other flood proofing along McAleer
tp Creek in Lake Forest Park
t
a
Basin Wide LID Retrofits F Retrofit existing city parcels and right of way with
Low Impact Development BMP's
Upper McAleer Creek/Lake BallingerlHall Creek
X
Forum Project
Model the Hall Creek and Lake
$750,000 to
Accurately model flow and determine flood plain
1
111
$1,000,000
X
$2,000,000 to
$3,000,000
X
develop modeling and flood plain management
$3,100,000 La
X
Terrace to update FEMA flood
$213,000
X
X
X I X I X
Hall Creek Detention C Install detention or infiltration system upstream of X
Lake Ballinger
d
d Basin Wide LID Retrofits D Retrofit existing city parcels and right of way with X
Low Impact Development BMP's
Service levels are listed in Section 3 of the Strategic Action Plan, page 15 - 20 _
Weir gate nae¢menl is contingent on decisions made about the ultimate level of the lake
Future gay0 fn _lCe_agreement will Incorporate and identify potential funding sources
A member acenpv represenlinq the interests of the Lake BaltirraerlMcAleer Creek Forum
X
X I X
$1,000,000
$830,000
$5,000,000 to Ap
X $10,000,000 over
20 years
$750,000 to
$1,000,000
$1,000,000 to
$2,000,000
F
$25,000
$500,000
$500,000
$1,000,000
$1,000,000
$12,000,000 not
including land at
acquisition c
$5,000,000 to
X $10,000,000 over al
20 years c
Forum Project
Model the Hall Creek and Lake
Accurately model flow and determine flood plain
1
111
Ballinger flood plain in
elevations for Hall Creek and Lake Ballinger -
Edmonds and Mountlake
Al
develop modeling and flood plain management
X
Terrace to update FEMA flood
guidelines to determine the most advantageous
plain mapping information
elevation of Lake Ballinger weir
Private Project
Develop and implement flood
A2
Leverage FEMA funds for flood proofing program
X
proofing program
McAleer Creek Weir
I
y
--
Action I
BZ
Install new weir gate
X
t
Lower weir structure to first Nile culvert - 1.5 feet
0-
Action II
B1
lower - install new weir foundation and dredge
X
creek channel to lake
J
Lower weir structure to first Nile culvert - 1.5 feet
Action II
B1
lower - install new weir foundation and dredge
X
creek channel to lake
B2
X
Action III
Lower weir structure by 3.75 feet - install new weir
foundation and dredge creek channel to 1-5
B2
Lower weir structure by 3.75 feet - install new weir
Action III
X
foundation and dredge creek channel to 1-5
Hall Creek Detention C Install detention or infiltration system upstream of X
Lake Ballinger
d
d Basin Wide LID Retrofits D Retrofit existing city parcels and right of way with X
Low Impact Development BMP's
Service levels are listed in Section 3 of the Strategic Action Plan, page 15 - 20 _
Weir gate nae¢menl is contingent on decisions made about the ultimate level of the lake
Future gay0 fn _lCe_agreement will Incorporate and identify potential funding sources
A member acenpv represenlinq the interests of the Lake BaltirraerlMcAleer Creek Forum
X
X I X
$1,000,000
$830,000
$5,000,000 to Ap
X $10,000,000 over
20 years
$750,000 to
$1,000,000
$1,000,000 to
$2,000,000
F
$25,000
$500,000
$500,000
$1,000,000
$1,000,000
$12,000,000 not
including land at
acquisition c
$5,000,000 to
X $10,000,000 over al
20 years c
Exhibit 2
SCOPE OF WORK
LAKE BALLINGER LAKE LEVEL AND FLOODING ISSUES
Lake Level and Outlet Study — Project Development for Priority A and B
projects listed as joint Mountlake Terrace and Edmonds responsibility in the
upper McAleer Creek/Lake Ballinger portion of the Forum Capital
Improvement Plan
OBJECTIVE: IMPROVE FLOODPLAIN MANAGEMENT AND LAKE LEVEL CONTROL BY
REPLACING THE CULVERTS ON MCALEER CREEK BETWEEN THE LAKE AND I-5 WITH
EITHER OPEN -BOTTOMED BOX CULVERTS OR PEDESTRIAN BRIDGES AND REMOVING
BARRIER VEGETATION FROM THE STREAM CHANNEL. THESE MODIFICATIONS WILL
MORE EFFECTIVELY MANAGE THE LEVEL OF LAKE BALLINGER AND ENABLE THE
DEVELOPMENT OF AN UPDATED OPERATIONS PLAN FOR THE LAKE. ONCE THE
MODIFICATIONS ARE COMPLETED, THIS WILL FACILITATE DEVELOPMENT OF AN
UPDATED FEMA FLOODPLAIN MAP.
INTRODUCTION
Lake Ballinger has experienced periodic high lake levels as a result of flooding events a number of
times going back to the mid 1940's. More recently storm events in 1997, 2003, and 2007 caused
flooding of yards, docks, and houses surrounding the lake. To address these flooding problems, the
Cities of Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace, and Shoreline along with
Snohomish County formed the Lake Ballinger/McAleer Creek Watershed Forum to develop a
Strategic Action Plan to address flooding, water quality and habitat preservation issues.
The Strategic Action Plan was approved by the Forum and by all member jurisdictions in 2009. A
Capital Improvement Plan was developed and approved in January 2010. The CIP listed thirteen
separate projects with lead agencies for each project. In the Upper Watershed/Lake Ballinger
portion of the list, there are six specific Phase 1 projects that involve both Edmonds and Mountlake
Terrace.
As discussion has ensued regarding the specific direction of the Phase I projects and additional
work has been undertaken (City of Edmonds NHC Study) to address high water levels at Lake
Ballinger, two issues have come to light regarding lake level.
1. The existing culverts on Nile Temple golf course property negatively affect the flow
of water through McAleer Creek at high lake stage.
2. The existing weir outlet to Lake Ballinger controls the level of Lake Ballinger
according to the adjudicated Superior Court Order during the months of June through
October. From November to May, however, the influence of vegetation in the creek and the
Funding Agreement Scope of Work Page 1
Exhibit 2
influence of the first culvert downstream of the weir appear to be controlling the level of
Lake Ballinger to a greater degree than the weir.
PROPOSED METHODOLOGY TO ADDRESS THE LEVEL OF LAKE BALLINGER
The main objective of this work is to address the issue of flooding of living spaces on residential
properties at the south end of the lake and adjacent areas caused by high lake levels. To this end, the
cities of Edmonds and Mountlake Terrace propose to:
1. Further refine the existing flow model in the upper watershed to provide a better tool for
accomplishing items 2 though 4 below and to develop an operations plan for the level of the lake in
accordance with Project Al.
2 Determine the best approach to replace or remove the culverts within McAleer Creek on
Nile Temple property to meet the overall goal of the Phase I projects to reduce the frequency and
extent of flooding events. Develop plans, specifications and cost estimate for a recommended
project.
3. Analyze options to maximize the effectiveness of the existing McAleer Creek weir for both
flow control and for water quality issues related to the hypolitnnetic withdrawal system.
4. Develop a flood plain map for Lake Ballinger and Hall Creek. Specifically, the map would
show 100 year flood elevations and those properties most at risk by high water levels at Lake
Ballinger and on Hall Creek.
PHASE I- TOTAL BUDGET $160,000
TASK 1—GATHER AND REVIEW EXISTING DATA AND IMPROVE THE EXISTING
MODEL OF THE UPPER WATERSHED
Review available plans, maps, and data that may impact surface water in the study area. Mountlake
Terrace and Edmonds can provide to the Consultant the items identified below:
■ City of Edmonds — NHC Modeling Study
■ City of Lake Forest Park McAleer Creek Flood Mitigation Study
■ Lake Ballinger/McAleer Creek Strategic Action Plan
■ Lake Ballinger/McAleer Creek Capital Improvement Plan
■ 2007 Clear Creek Lake Level Study
■ 1999 City of Lake Forest Park Comprehensive Drainage Plan for McAleer Creek
■ Storm Drainage System Schematic Maps
■ Topographic maps
■ Existing and projected land use maps
■ Precipitation records and lake level gauge information
■ Basin Study information
■ McAleer Creek Plan and Profile (1982 Lake Ballinger Restoration Project)
Funding Agreement Scope of Work Page 2
Exhibit 2
■ Other relevant studies.
Build on the work previously performed under the 1999 Lake Forest Park study, the 2008 Clear
Creek Lake Level Study, the 2009 Forum Strategic Action Plan, the 2010 Lake Forest Park Flood
Mitigation Study, and the City of Edmonds/NHC modeling study to develop and provide a
definitive flow model. Per recommendation in the NHC report, obtain stream flow data for Hall
Creek and McAleer Creek for at least 2 months, refine the land use data, and improve on the existing
flow model. Further modeling will improve flow calibration through the system and provide a better
tool to analyze alternative flow scenarios.
Deliverable: An updated hydrologic and hydraulic model of the upper watershed that can be used
to assess various design alternatives for lowering the lake level during winter storm events
TASK 2 -ASSESS THE RELATIONSHIP BETWEEN LAKE LEVEL, EXISTING WEIR
PERFORMANCE AND CAPACITY OF THE CULVERTS ON NILE TEMPLE PROPERTY
AND AT INTERSTATE 5. ASSESS THE EFFECT OF VEGETATION WITHIN THE CREEK
BED AND BANK ON LAKE LEVEL.
It is anticipated that developing an accurate flow model may take one or more winter seasons of
data. Concurrent with data collection, the following issues will be analyzed:
1. What is the affect of replacing/modifying the Nile culverts on lake levels and flood
frequency of structures historically subject to flooding?
2. What is the role of the existing weir on lake levels based on its current operation that is
designed to conform to the requirements in the adjudicated order? Are there alternative weir
configurations that can optimize the operation of the lake in terms of lake level?
3. What is the effect of existing vegetation within the creek channel and creek banks and what
is the effect, if any, on creek and lake level.
4. It is understood that the flow model will become more defined over time. Initial information
will be used to identify issues that will need further refinement such as land use data in the
basin and flow parameters through conveyance pipes.
5. Develop and refine a project to meet the Phase I Capital Improvement Plan goal to reduce
flooding frequency and extent on the lake.
Deliverables:
1. A memo describing the affect of replacing/modifying the Nile culverts on lake levels and
flood frequency of structures historically subject to flooding: This memo will describe the
role of the existing weir on lake levels based on the operation plan developed in
conformance with the lake level requirements of the 1982 adjudicated Superior Court Order
as part of the Lake Ballinger Restoration Project. The memo will also describe the effect of
existing vegetation within the creek channel and banks on the level of McAleer Creek
downstream of the weir. The memo will list specific project recommendations to reduce
flooding frequency and extent on the lake.
2. A memo describing the additional data needs, if any, to delineate a FEMA -recognized base
flood elevation. This base flood elevation determination would only be done AFTER any
improvements to the culverts and weirs are installed.
Funding Agreement Scope of Work Page 3
Exhibit 2
TASK 3- DEVELOP A DESIGN AND PERMITTING PACKAGE THAT CAN BE
SUBMITTED TO THE APPROPRIATE REGULATORY AGENCIES FOR REVIEW AND
APPROVAL
A set of design plans will be drafted to replace the three existing culverts on McAleer Creek located
between the outlet weir and the I-5 culvert. These draft plans will be submitted with the necessary
environmental reports and permit applications to obtain the necessary permits for the replacements.
Included in the plans, permits, and any environmental reports will be recommendations for
vegetation removal within the creek channel and banks along with mitigation for such removal as
necessary. Based on the results of task 2, this may also include permit applications, environmental
reports, plans, specifications, and a cost estimate for any recommended weir improvements or
changes.
TASK 4 — FINALIZE THE PERMITTED DESIGN BY PREPARING CONSTRUCTION
PLANS, SPECIFICATIONS, AND COST ESTIMATE.
Finalize plans approved by all agencies in Task 3 and prepare all constuction documents.
PHASE II - ESTIMATED COST $2505000 TO $350,000.
TASK 5—CONSTRUCT IMPROVEMENTS TO OUTLET STRUCTURES PER TASK 3
(IMPLEMENT THOUGH A SEPARATE AGREEMENT AND FUNDING SOURCE)
Install replacement culverts, remove vegetation as needed, and modify weir as designed on Task 4.
These improvements will be accomplished through a funding agreement to be developed between
the City of Mountlake Terrace and the City of Edmonds at such time as the final project scope and
cost is determined.
PHASE III - ESTIMATED COST $903,000
TASK 6 -DEVELOP AN UPDATED FLOOD PLAIN MAP FOR LAKE BALLINGER AND
HALL CREEK LIKELY IMPLEMENTATION THOUGH A SEPARATE AGREEMENT AND
FUNDING SOURCE).
Once the other five Tasks are completed, develop an updated map showing the extent of the flood
plain on Lake Ballinger and upstream on Hall Creek to the northerly boundary of Mountlake
Terrace at 212'' St. SW This map will provide guidance to future land use, development, and
redevelopment along the affected shorelines and flood plains. At this time funding is not included
for this task. A separate funding agreement will be developed between the City of Mountlake
Terrace and the City of Edmonds to execute this task.
Funding Agreement Scope of Work Page 4
Exhibit 2
PRDfECT BUDGET AND TIMEFRAME
The total estimated budget for all phases of this project is $500,000 to $600,000. Work will begin
immediately after the execution of the interlocal agreement and will target to have Phase I and
Phase II completed by October 1, 2012. Meeting this target is contingent on the Councils of both
jurisdictions allocating the necessary funds in 2012, staff availability, and the ability to acquire the
necessary permits £rota the City of Mountlake Terrace, the U5 Army Corps of Engineers, the
Washington Department of Iscology, and the Washington Department of Fish and Wildlife.
Funding Agreement Scope of Work Page 5