HomeMy WebLinkAboutPW18-201 - Amendment - #1 - King County Flood Control District - Lower Russell Road Levee Setback Project - 04/16/2019 �...-ANT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's - ffice. All portions are to be completed.
f you have questions, please contact the City Clerk's Office at 2 -s 6-572 .
Vendor Name:
King County Flood Control District
Vendor Number (JDE):
Contract Number (City Clerk):
Category: -Interlocal Agreement
Sub-Category (if applicable): Amendment
Project Name: Lower Russell Levee
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Mayor's signature 5/17/22
Contract Execution Date: Termination Date:
Toby Hallock PW: Engineering Contract Manager: Department: g g
Contract Amount: $1 7 1 00,000
Budgeted: 0 Grant?
Part of NEW Budget: Local: State: 1-1 Federal:
Related to a New Position:
Basis for Selection of Contractor? Other
Approval Authority: Director Mayor 0 City Council
Other Details: The amendment increases the amount of funding provided by the
District to reimburse the City for work related to the property exchange with the KOA
Campground.
FCD2019-03
AMENDMENT NO. 1
TO
AGREEMENT REGARDING PROPERTY ACQUISITION
Lower Russell Road Levee Setback Project
River Mile 17.85 to 19.25,Right Bank
THIS AMENDMENT NO. 1 TO AGREEMENT REGARDING PROPERTY
ACQUISITION("Amendment No. 1")related 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").
I. RECITALS
A. The Parties entered into an Agreement Regarding Property Acquisition on May 17,
2018 ("Agreement"), concerning acquisition of the Suh Properties and a portion of the KOA
Campground Property ("KOA Property") in support of the project to improve the Lower Russell
Road Levee from River Mile 17.85 to 19.25 ("Project"). The Suh Properties have already been
acquired under the District's authorization of a purchase price of$55,000, and efforts to acquire a
portion of the KOA Property are continuing.
B. The Agreement authorized the City to acquire a portion of the KOA Property under
threat of condemnation or through a land exchange transaction whereby the City would transfer a
portion of its Green River Natural Resource Area("GRNRA")Property in exchange for that portion
of the KOA Property that is needed for the Project.The Agreement provided that the City could not
proceed with the land exchange option unless the District first approved of the size and location of
the GRNRA Property proposed to be transferred to the KOA("Transferred Property"),approved of
the reimbursement costs to be paid for KOA's construction of replacement camping sites on the
Transferred Property,and determined that acquiring the KOA Property through a land exchange with
the City was cost effective for the District.
C. The total cost of the property exchange,based on the cost estimate submitted by KOA
on September 4, 2018, shows the City will be required to reimburse expenses to complete
construction of the replacement campground sites above the amount provided for in the Agreement.
D. Construction of the Project will require relocation of the City's existing waterline into
a portion of the KOA Property and across the GRNRA Property. The City is pursuing an easement
from KOA to accommodate the waterline's relocation and later access and maintenance. The
waterline is intended to be constructed under or adjacent to a new internal access road KOA intends
to construct. However, while the waterline is being relocated, KOA will be denied access to this
portion of its property,which impacts a number of its campsites.Therefore,timing of the waterline's
relocation and construction will become critically important if it needs to occur prior to full
construction and operation of the replacement camping sites on the Transferred Property. If the
AMENDMENT NO. 1 TO AGREEMENT
REGARDING PROPERTY ACQUISITION- 1
Lower Russell Road Levee Setback Project—River Mile 17.85 to 19.25,Right Bank
District begins construction on the relocated waterline before the replacement camping sites are
available for use on the Transferred Property,and that construction disrupts or otherwise interferes
with access and KOA's ability to rent campsites in the Acquisition Area or the Easement Area, as
those terms are defined in the Land Exchange Agreement, the District will be liable to KOA for
revenue loss,which loss will be calculated as provided for in the Land Exchange Agreement entered
into between the City and KOA and approved by the District.
E. The District has compared and contrasted the costs associated with acquiring the
needed KOA Property under condemnation versus through the negotiated Land Exchange
Agreement. The District has determined that it is cost effective for the District if the City proceeds
with the land exchange, and the District approves and authorizes the City to proceed with the
transaction as provided for in the Land Exchange Agreement. The District further approves of the
size and location of Transferred Property and the estimated construction costs set forth by the KOA
in its September 4, 2018, cost estimate.
F. The Agreement provided that the District would reimburse the City for all of its costs
and expenses incurred in acquiring the needed real property and real property interests to support the
Project.However,the maximum reimbursement amount authorized by the Agreement was$700,000,
which is an amount that is below the updated cost based on the cost estimate provided by the KOA
on September 4, 2018. It is therefore appropriate to amend the Agreement to adjust the authorized
budget associated with acquiring the needed KOA Property to account for these current and future
expenses.
II. AMENDMENT
NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the
parties and other good and valuable consideration, City and Consultant agree as follows:
2.1 Recitals Inepr prated. All recitals above are hereby incorporated in and ratified as
part of this Amendment No. 1.
2.2 Land Excha= is Preferred_Option and Cost Effective. The District has compared
and contrasted the costs associated with acquiring the needed KOA Property under condemnation or
through the negotiated Land Exchange Agreement. The District has determined that it is cost
effective for the District if the City proceeds with the land exchange originally contemplated by the
Agreement, and the District approves and authorizes the City to proceed with the transaction as
provided for in the City's Land Exchange Agreement with the KOA.The District further approves of
the size and location of Transferred Property and the estimated construction costs set forth by the
KOA in its September 4, 2018, cost estimate.
2.3 Maximum Reimbursement for Cit,Costs. Section 3.b.of the Agreement is amended
to increase the maximum reimbursement for City Costs from$700,000 to$1,100,000,which amount
is intended to cover those City Costs associated with reimbursing KOA for its permitting,
administration,legal and construction costs associated with constructing the replacement campsites
on the Transferred Property in accordance with the Land Exchange Agreement between the City and
AMENDMENT NO. 1 TO AGREEMENT
REGARDING PROPERTY ACQUISITION-2
Lower Russell Road Levee Setback Project—River Mile 17.85 to 19.15,Right Bank
KOA, and reimbursing the City for all costs directly associated with the administration and
implementation of this Agreement as amended in this Amendment,including all legal and other costs
associated with acquiring the real property and real property interests required for the Project and
authorized by the Agreement.
2.4 Waterline Construction. The District agrees that its construction of the Project will
require relocation of the City's existing waterline.The District agrees to relocate and construct this
waterline at its cost and to time that relocation in a manner that reduces the impact to KOA and,if
possible,avoids the closure of the internal access road or any KOA campsites before the replacement
campsites are constructed on the Transferred Property.If the District's construction schedule requires
the use of KOA Property and the closure of the internal access road or campsites in the Acquisition
Area or Easement Area (as those terms are defined in the Land Exchange Agreement) before
replacement campsites are constructed upon the Transferred Property,the District agrees to promptly
reimburse the City for any Closure Costs paid to the KOA under the Land Exchange Agreement.
2.5 Remaining,Provisions. Except as specifically amended by this Amendment No. 1,all
remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS, the parties have executed this Amendment No. 1, which shall become
effective on the last date executed below.
KING COUNTY FLOOD CONTROL CITY OF KENT:
ZONE DISTRICT
By. .�-'�'�' By 1
- - --
t Name: Reagan Dunn Print Name: Dana Ra ph
Title: Board Chair Title: Ma or
Date: _ Date:
APPROVED AS TO FORM: ATTEST:''
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Distric ttornevl Ci Clerk
t
APP OVED AS TO FORM:
�Xd�,
Ci ttorney J fvy--
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AMENDMENT NO. 1 TO AGREEMENT
REGARDING PROPERTY ACQUISITION-3
Lower Russell Road Levee Setback Project—River Mile 17.85 to 19.25.Right Bank
REQUEST FOR MAYOR'S SIGNATURE
P KENT
'Nnni N<,r.n
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPAR
A pr e cto `r
Originator: Toby Hallock Phone (Originator): 5536
Date Sent: 41,9//9 Date Required: ` 1,,
Return Signed Document to: Nancy Yoshitake Contract Termination Date: 5/17/22
VENDOR NAME: Date Finance Notified:
King County Flood Control District (only required on contracts 4/2/ 1 9
20 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: 4/2/19 Date Risk Manager Notified: N/A
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specificall Account Number: D2OO79
Authorized in the Budget.? • YES NO
Brief Explanation of Document:
The attached Amendment No. 1 with the King County Flood Control District increases
the amount of funding by the District to reimburse the City for work related to the
property exchange with the KOA Campground for the Lower Russell Levee Project.
R E CI V E ru"
- T.
All Contracts Must Be Routed Through The Law Department
(This area t be completed by the Law Department)
Received:
Approval of Law Dept.:
Law De t. Comments:
Date Forwarded to Mayor:
Shaded Areas To Be o pleted By Administration Staff
Received:
RECEIVE®
Recommendations and Comments:
Disposition:
City of Kent
Office of the Mayor
Date Returned:
1 ivil\Forms\Document rocessing\ equest to,Mayor's Signature.docx
8.G
KENT
W A S-I N G T 0
DATE: April 2, 2019
TO: Kent City Council
SUBJECT: Amendment to Interlocal Agreement with the King County
Flood Control District Regarding Property Acquisitions for
the Lower Russell Levee Project - Authorize
MOTION: Authorize the Mayor to sign an amendment to the Interlocal
Agreement between the City of Kent and the King County Flood Control
District regarding property acquisitions for the Lower Russell Levee
project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The Lower Russell Levee Project ("Project") is located on the right bank
of the Green River between South 212th Street and Veteran's Drive. The Project,
which is being managed by the King County Flood Control District (District),
includes habitat and trail improvements, relocation of Van Doren's Park, and levee
reconstruction to the 500-yr flood protection level. Construction will begin in 2019.
On May 17, 2018, the City and the District entered into an Interlocal Agreement for
the City to purchase property and provide the District with easements for river bank
protection in addition to similar easements on several other properties previously
purchased by the City along Russell Road. Per the Interlocal Agreement, the District
will reimburse the City for expenses related to these property purchases.
On March 6, 2019, the District's Board of Supervisors approved an amendment to
the Interlocal Agreement due to increased land values and construction costs. The
amendment increases the amount of funding provided by the District to reimburse
the City for work related to the property exchange with the KOA Campground. The
amendment also includes a provision to pay for waterline replacement through the
existing KOA Campground, which will become City-owned property.
BUDGET IMPACT: Expenses will be reimbursed by the King County Flood Control
District.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
Packet Pg. 114
8G
1. Amendment No. 1 to Agreement for Property Acquisitions (PDF)
03/18/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
4/2/2019 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
Packet Pg. 115