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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 �✓ /v to�q 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:'' -t Distric ttornevl Ci Clerk t APP OVED AS TO FORM: �Xd�, Ci ttorney J fvy-- � 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