HomeMy WebLinkAboutPW18-201 - Original - King County Flood Control District - Lower Russell Road Levee Setback Project - 05/01/2018 4
KENTRecordsManagement a ocu ent
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Blue/Motion Sheet Attached
Pink Sheet Attached
Vendor Name:
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Vendor Number (JDE):
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Contract Number (City Clerk): L U
Category. Cl an stern
Sub-Category (if applicable) C oose an stern.
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Project Name: et+�r #Q*AN54. ) L% ,
Contract Execution Date l ( P Termination Date: 5✓1/I;L
Contract Manager: !aV-4441k,14 Department
Contract Amount: ) tl
Approval Authority: ❑ Director ❑ Mayor X City Council
Other Details:
FCD2018-02
AGREEMENT REGARDING PROPERTY ACQUISITION
Lower Russell Road Levee Setback Project
River Mile 17.85 to 19.25, Right Bank
'THIS AGREEMENT REGARDING PROPERTY ACQUISITION ("Agreement')
relating to the Lower Russell Road Levee, River Mile 17.85 to 19.25, Right Bank, is entered into
on the last date signed below by and between the CITY OF KENT, a Washington municipal
corporation ("City"), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a special
purpose district of the State of Washington ("District') (collectively, the "Parties").
RECITALS
A. The Lower Russell Road Levee ("Levee") is a key part of the Green River levee
system. The District desires to acquire necessary real property and real property interests to
improve the Levee, provide better flood and scour protection, and assist the City in obtaining
FEMA accreditation of the Levee. The Levee improvement will hereafter be referred to as the
"Project." The area of the Project is the right bank of the Green River from River Mile 17.85 to
19.25, more commonly known as the right bank between S. 212" St. and S. 228" St.
B. The Water and Land Resources Division of the King County Department of
Natural Resources and Parks ("WLRD"), is service provider to the District pursuant to an
interlocal agreement with the District. On behalf of the District, WLRD manages, operates and
maintains a major portion of the Green River levee system, and acquires real property and real
property interests for District projects.
C. The City has agreed to acquire the necessary real property and real property
interests on behalf of the District to construct the Project. The Parties intend for the City to
complete the acquisitions as soon as possible with a goal of completing them by end of 2018,
D. The preliminary plan for the Project is to increase the height of the Levee to
achieve the Lower Green River Interim System-Wide Improvement Framework's provisional
flood protection goal of 0.2% annual chance (500-year) or 18,800 cfs (as measured at Auburn
USGS gage),plus three feet of freeboard.
Is. By Resolution No. FCD 09 t °t! adopted on t t L_ _.:. 2d310, the District
l .._
approved acquisitions by the City for the Project.
AGREEMENT
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In consideration of the rights and obligations set forth in this Agreement, which constitute
good and valuable consideration, the Parties agree as follows:
1. Incorporation of Recitals Definitions. All recitals above are hereby incorporated
in and ratified as part of this Agreement. The District Executive Director or designee shall have
the discretion and right to perform the functions of the District in this Agreement, unless
otherwise provided in this Agreement.
2. A tnlsition and Transfer oMCA 1'ronc*rt;v.
a. The City shall acquire title to and interests in real property ("Real
Property") that the District determines to be necessary for ownership, construction,
installation, operation, maintenance, repair, replacement and removal of the Project in
accordance with this Agreement. In acquiring Real Property, the City shall use
procedures approved by the District, and shall comply with all applicable laws and
regulations, including but not limited to: (i) the Washington State Department of
transportation Right of Way Manual (M26.01.17); (ii) Chapters 8.12, 8.25, and 8.26
RCW; and (iii) Chapter 308-125 WAC. In acquiring Real Property, the City shall acquire
the Real Property in a size and location approved by the District. For each Real Property
acquisition, the City (i) shall prepare and submit to the District, prior to the
commencement of the acquisition process, a schedule that includes but is not limited to
work tasks, task durations, and task linkages, and (ii) communicate regularly with WLRD
and the District, providing written reports when requested by WLRD or the District.
b. The District shall approve before execution by the City all documents for
the acquisition and transfer of Real Property. Any easements granted by the City to the
District shall be in the form of the standard River Protection Easement in Reference 8P to
the King County Surface Water.Design Manual, or in a different form acceptable to the
District.
C. The District shall approve before expenditure by the City any individual
cost or expense that exceeds $10,000 in the City's acquisition or transfer of Real Property
pursuant to this Agreement. The District will reimburse the City for costs and expenses in
accordance with Section 3 of this Agreement.
d. The City already has acquired title to certain Real Property described in
Exhibit A, attached hereto and incorporated herein. The acquisition cost for such Real
Property is stated in Exhibit A (a total sum $1,023,550.00). The District ratifies and
confirms the acquisition of this Real Property. Upon the District's reimbursement to the
City of the full acquisition costs for the Real Property identi fled in Exhibit A, the City
shall grant to the District the easements provided for by Section 2(a) of this Agreement.
The District's reimbursement under this Section 2(d) shall be paid to the City prior to the
City's execution of the easements but in no event shall the District make such
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reimbursement later than 30 days following the City's submittal of the reimbursement
request. Before the commencement of construction of the Project, the City shall remove
any structures on the Real Property at its own cost and expense.
e. The City shall acquire title to a portion of the KOA Campground property
(Tax Parcel Number 112204 9065) ("KOA Property") that(i) allows for ownership,
construction, installation, operation, maintenance, repair, replacement and removal of the
Project and (ii) allows for a recreational trail connecting the Green River Trail to South
2121' Street ("Recreational Trail"). After acquisition of the KOA Property, the City shall
grant to the District an easement over the KOA Property that will allow the District to
own, construct install, operate, maintain, repair, replace and remove the Project. As part
of the regular communication with the District regarding the acquisition of the KOA
Property, the City shall submit to the District background information, appraisals,
analysis and negotiations with the owner of the KOA Campground property. The District
shall reimburse the City for acquisition of the KOA Property in accordance with Section
3.
f. If the City's acquisition of the KOA Property is conditioned upon transfer
of a portion of the Green River Natural Resources Area ("GRNRA")(Tax Parcel
Numbers 112204 9015 and 112204 9083) ("Transferred Property") to the owners of the
KOA Campground property, the District must approve before transfer the size and
location of the Transferred Property (estimated to be 0.8 acres based on conceptual site
layout provided by KOA Campground on February 2, 2016), as well as the cost of the
acquisition of the KOA Property. The City shall not acquire the KOA Property unless the
District determines that the acquisition of the KOA Property is cost effective for the
District. If the District approves the acquisition of the KOA Property, the District shall
support the City's efforts to release the covenant on the GRNRA property, which has
recording number 9409051537 ("GRNRA Covenants"), if such release is necessary to
complete the acquisition.
g. If necessary to compensate for impacts of the Project on the GRNRA
Covenants, the City shall acquire the Suh Properties (Tax Parcel Numbers 000620 0020
and 000620 0032). Upon acquisition, the Suh Properties shall remain in City ownership.
The District shall reimburse the City for the Suh Properties acquisitions in accordance
with Section 3 of this Agreement.
3. Reimbursement of CityPxoenditures—General.
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a. As provided for in this Agreement, the District will reimburse the City all
costs and expenses incurred by the City to acquire or transfer the Real Property ("City
Costs") in accordance with this Section.
b. Excluding the reimbursement due under Section 2(d) and related to the
City's acquisition of the Real Property described in Exhibit A, the maximum
reimbursement for City Costs shall be $700,000.00.
c. Reimbursement requests for City Costs, within the budget provided for
under Section 3(b), may be submitted by the City after title to or interest in Real Property
has been completed and on a no more frequent basis than once a month for such Real
Property that was approved by the District. The requests shall be in a form and shall
contain information and data as required by the District. Upon receipt of a request for
reimbursement, the District may request the City to provide a status or progress report
concerning all acquisitions of Real Property that are not the subject of the request. The
District may delay payment until receipt of this report.
d. The District shall review the requests to confirm that they are
reimbursable and payable under this Agreement. The District shall endeavor to complete
such review and pay the reimbursement within forty-five (45) days of receipt of a
request.
e. Except for the reimbursement of City Costs for the Real Property
described in Exhibit A, the District may postpone review of a City request for
reimbursement where all or any part of the request is inaccurate or incomplete. The
District shall notify the City of any inaccuracies or incompleteness within thirty (30) days
of receipt of the request. The City shall provide all additional information or data within
thirty (30) days of the District's request for such additional information or data. If the
request is still inaccurate or incomplete in the opinion of the District, the dispute shall be
resolved in accordance with Section 5 of this Agreement. After resolution of the dispute,
the District shall pay reimbursement as provided in this Section.
f. The District also may postpone payment of any portion of a request for
reimbursement where the City is delinquent in the submittal, preparation or completion of
any document or work required by this Agreement and related to the Real Property that is
the subject of the request for reimbursement.
4. Duration. Effeet�ive Date. This Agreement shall take effect on the date on which
the second party signs this Agreement, and shall remain in effect until all terms of this
Agreement are completed or four (4) years from the effective date of this Agreement, whichever
occurs first.
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5. Dist)-ate Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. In the event that any dispute arises between the Parties as to the
interpretation or application of any term of this Agreement, or as to the validity of any
claim made by either Party against the other as a result of this Agreement, and the Parties
are unable to resolve the dispute through negotiations, the Parties agree to participate in a
nonbinding, neutral evaluation and mediation of their dispute at a mutually agreeable
location prior to commencing legal action. Either Party may request that any dispute be
submitted to neutral evaluation and mediation at any time upon giving written notice to
the other Party.
b. Upon giving notice by either Party as provided above, the Parties shall
attempt to select a neutral person to evaluate and mediate the dispute. If, after thirty (30)
days, the Parties cannot agree on any of the persons named, or if acceptable persons are
unable to serve, or if for any reason the appointment of a neutral person cannot be made,
either Party may terminate the dispute resolution process or the Parties may, by
agreement, seek other means of resolution.
C. Each Party shall promptly disclose to the other any circumstances
known by it that would cause justifiable doubt as to the independence or impartiality of
any individual under consideration or appointed as a neutral mediator. Any such
individual shall promptly disclose such circumstances to the Parties. If any such
circumstances are disclosed, the individual shall not serve as neutral mediator unless both
Parties agree in writing.
d. The neutral mediator's charges shall be established at the time of
appointment. Unless the Parties otherwise agree, the fees and expenses of the neutral
mediator shall be split equally and each Party shall bear its own costs and expenses.
e. The mediation session is intended to provide each Party with an
opportunity to present its best case and position to the other Party and the neutral
mediator and for the Parties to receive opinions and recommendations from the neutral
mediator. The neutral mediator shall facilitate communications between the Parties,
identify issues, and generate options for settlement. The neutral mediator shall also
discuss with each Party separately the neutral mediator's opinion and evaluation of the
strengths and weaknesses of that Party's position. The terms of any settlement made by
the Parties as the result of the mediation shall be set out in writing.
f. The dispute resolution process identified in this Section is a compromise
negotiation. The Parties agree to maintain in confidence all offers, promises, conduct,
and statements, oral or written, made in the course of the mediation by either of the
Parties, their agents, employees, experts, representatives or attorneys, or by the neutral
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mediator and agree that the same shall be deemed negotiations in pursuit of settlement
and compromise and not admissible or discoverable in subsequent legal proceedings
pursuant to Washington Evidence Rule 408. The neutral mediator shall be disqualified as
a trial or deposition witness, consultant, or expert of either Party.
g. In the event that the Parties are unable to resolve the dispute through the
dispute resolution process established in this Section, the Parties reserve any and all other
rights and remedies available to each of them regarding such dispute.
6. Third Parties. '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 to the City, the
District or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW,
or as otherwise granted or provided for by law.
7. Liens andEncurnbranc . The City acknowledges and agrees that it will not cause
or allow any lien or encumbrance arising from or related to this Agreement to be placed upon the
real property interests of King County or the District. If such lien or encumbrance is so placed,
King County or the District shall have the right to remove such lien and charge back the costs of
such removal to the City. If there are pre-existing encumbrances which are required to be
removed by the City in order to construct the Levee, the costs will be reimbursable by the
District as described in Section 3 of this Agreement.
8. Indemnification, 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,
unless such damages and injuries to persons or property are caused by or result from the sole
negligence or willful misconduct of the District or its contractors, employees, agents, or
representatives, or 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.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of each
Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity
of claims made by the indemnitor's employees. This waiver has been mutually negotiated.
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9. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000)per occurrence with an additional
excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the
other Party with a certificate of insurance and additional insured endorsement that will name the
other Party as an additional insured.
10. Entire.A rcemgntzAmendment. This Agreement, together with Exhibits A, B,
and C, represents a full recitation of the rights and responsibilities of the Parties and may be
modified only in writing and upon the consent of both Parties.
11. Binding Nature. The rights and duties contained in this Agreement shall inure to
the benefit of and are binding upon the Parties and their respective successors in interest and
assigns.
12. Notice&_Commnnications and Docttanents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
required or desired to be given hereunder by either Party (collectively, "notices") shall be in
writing and shall be validly given or made to the other Party if delivered either personally or by
Federal Express or other overnight delivery service of recognized standing, or if deposited in the
United States Mail, certified, registered, or express mail with postage prepaid, or if sent by
electronic mail. If such notice is personally delivered, it shall be conclusively deemed given at
the time of such delivery. If such notice is delivered by Federal Express or other overnight
delivery service of recognized standing, it shall be deemed given one business day after the
deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall
be deemed given three business days after the deposit thereof in the United States Mail. If such
notice is sent by electronic mail, it shall be deemed given at the time of the sender's transmission
of the electronic mail communication, unless the sender receives a response that the electronic
mail message was undeliverable. Each such notice shall be deemed given only if properly
addressed to the Party to whom such notice is to be given as follows:
To City: Tim LaPorte, Public Works Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
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To District: Michelle Clark, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: michelle.clark@kingcounty.gov
Any Party may change its address for the purpose of receiving notices as herein provided by a
written notice given in the manner aforesaid to the other Party.
13. Mutual Re ease/Consideration. As part of the consideration for this Agreement,
the Parties agree to mutually release any and all claims known or unknown related to prior
reimbursement requests between City and District and resolved through the mutual promises and
performance under this Agreement.
14. Severability. If any provisions of this Agreement or its application are held
invalid, the remainder shall not be affected.
15. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement, which shall
become effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DI4I ICT
By: ... By;
Dana Ralph Rcagan Dunn
Its: Mayor Its: Board Chair
DATE < 1 DATE:
APPRO E AS TO FORM: APPR(71,D A FORM:
By. By: r'
'ity Attorney District torney
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EXHIBIT A
The City acquired title to the following Real Property prior to the effective date of this
Agreement:
Parcel No. Seller Sales Price
..........
102204-9153 Jeanne Hamilton $ 211,75000
102204-9024 Tom &Janice Baxter $ 192,500.00
00062.0-0011 Mary JoTorgeson $ 338,300,00
000620-0017 Kimberly Voss $ 281,000.00
Total $1,023,550.00
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REQUEST FOR MAYOR'S SIGNATURE
• Print on Cherry-Colored Paper
j KENT
'ry Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director_
Originator: Mike MaCtutls Phone (Originator): x5520
Date Sent: 5/15/18 Date Required: 5/16/18
Return Signed Document to: Mike MaCtutls Contract Termination Date: 4 years from execution
VENDOR NAME: Date Finance Notified:
( nlyon
King County Flood Control Zone District $20.000Quired and over oor ntrac on ants
Grant n/a
DATE OF COUNCIL APPROVAL: 3�6�18 Date Risk Manager Notified:n/a
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specificailly Account Number:
Authorized in the Budget? YES_ NO
.—.. ....................._ ____._
Brief Explanation of Document:
Interlocal Agreement with the King County Flood Control Zone District to purchase
properties needed and be reimbursed for the Lower Russell Levee Project.
l &us Be Routed Through The Law Department
i, ar to be completed by th Law Department)
Received: MAY
D Z "r..(li
Approval of LawwDept.:
Law [%126 C menta:
Date d LQMVry
Shad d Are To Completed By Administration Staff
Received: rr t
tp�
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Recommendations and Commehts_,,. fir,
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Dlsposition: Ab
Date Returned:
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