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HomeMy WebLinkAboutSpecial 2007-04-23 Item 3C - Agreement - Duwamish Gardens Land Aquisition Services from King County COUNCIL AGENDA SYNOPSIS CJ ``t`sy''� Initials ITEMNO. Q f w i J Meeting Date Prepared by 1 Mayor's review I Council review I p 04/23/07 1 RL�. �t i-- I e!:1) f`t'? 05/07/07 1 1 1 7soa 1 1 1 3, C ITEM INFORMATION CAS NUMBER: 07-050 ORIGINAL AGENDA DATE: APRIL 23, 2007 AGENDA ITEM TITLE Duwamish Gardens Acquisition Agreement with King County CATEGORY Discussion [Z] Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 04/23/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council El Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S This Agreement for Services with King County will give authorization to King County to act SUMMARY on the City's behalf for negotiations on the purchase of the Duwamish Gardens site. King County is taking the lead as the WRIA 9 Service Provider and needs to complete the appraisal process, write a purchase and sale agreement, negotiate the purchase of this site, and conduct a hazardous waste and archeological investigation. Funding will be through a combination of grant funding and City matching funds. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 04/17/07 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Agreement for Services with King County. COMMfl IEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Up to $100,000.00 $1,465,000.00 $0.00 Fund Source: 412 Surface Water Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION I I 04/23/07 MTG. DATE ATTACHMENTS 04/23/07 Information Memo dated April 11, 2007 Agreement for Services with King County Utilities Committee Meeting Minutes from April 17, 2007 1 INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: April 11, 2007 Subject: Duwamish Gardens Acquisition King County Agreement for Services Project No. 06 -DRO2 ISSUE Approve an agreement with King County for land acquisition services for this project. BACKGROUND The Duwamish Gardens site is 2.18 acres located adjacent to the Duwamish River. The site is in the high priority "transition zone" between fresh water and salt water. The transition zone was identified in the WRIA 9 Salmon Recovery Plan as the area in most need of habitat restoration. King County is taking the lead as the WRIA 9 Service Provider for the WRIA 9 Interlocal Agreement that Tukwila is a party to. They are tasked with implementing the recommendations of the WRIA 9 Salmon Recovery Plan, which includes securing property for restoration within the transition zone. Property secured for restoration purposes within Tukwila will become owned and maintained by the City. ACTION TAKEN City staff is working in partnership with WRIA 9 staff members to secure funding for acquisition of this site. To date, a total of $726,000 of funding has been secured with $1,034,000 pending. In order to complete the appraisal process, write a purchase and sale agreement, negotiate the purchase of this site, and conduct a hazardous waste and archeological investigation, King County needs authorization to act on the City's behalf and allow for reimbursement through grant funds for the appraisal and staff time. Funding for this contract will be through a combination of grant funding and City matching funds. RECOMMENDATION Approve the Agreement for Services with King County for $100,000. RL:ad attachment: Agreement for Services (P:Pmojeas\A- DR Projens'06DRO2 Dux-mush O r KC &rvices Agreement Info Memo) CITY OF TUKWILA AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into this day of 2007, by and between the County of King, Washington, a political subdivision of the State of Washington, hereinafter referred to as "County," and the City of Tukwila, a municipal corporation, hereinafter referred to as "City." WITNESSETH: WHEREAS, the City is desirous of contracting with the County for the use of the County's staff and services necessary to acquire property; and WHEREAS, the County is agreeable to providing such services on the terms and conditions hereinafter set forth and in the mutual covenants and agreements herein contained; NOW, THEREFORE, it is covenanted and agreed as follows: I. The County agrees, by and through its Open Space Section, to provide the services of appraisal, title and right -of -way personnel to assist the City in its acquisition of property in connection with projects as directed by the City. Funding for said acquisition services related specifically to the Duwamish Garden project will come from the City's share of CFT funds held by the county and are to be matched by City funds on a dollar for dollar basis. Should the project be unsuccessful, the city will still be obligated by this agreement. The County agrees to provide the services described herein, subject to available resources and consistent with the volume of County service activity upon receipt of a written request from the city. The County shall provide to the City an estimate of the time and cost of services provided. The City shall approve said estimate. II. The City shall not be called upon to assume any liability for the direct payment of any salaries, wages or other benefits to any County employee who is performing services for the City as provided in this agreement. III. The City agrees to protect and save harmless King County, its elected and appointed officials, and employees from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the City's employees or third parties on account of personal injuries, death or damage to property arising out of services covered by this agreement or in any way resulting from the willful or negligent acts or omissions of the City and/or its agents, employees, or representatives, except for those claims, demands or causes of action caused by the sole negligence of the County, its elected and appointed officials, employees or agents. IV. The County agrees to cover all County employees encompassed by this agreement with self insurance under the Industrial Insurance Act. V. For services rendered, the City agrees to pay the County, within 45 days of being billed by the County: 1. An amount equal to the normal hourly salary of the personnel involved for each hour involved in City work, plus 2. The actual additional costs incurred in the employment of that employee, which includes paid time off, employee benefits and office administrative expenses. 3. The actual total charges (salary and additional costs), dependent upon staff member assigned to project, are as follows (2007 rates): Title Work $92.40 per hour Appraisal Services $85.73 per hour Project Management $94.52 per hour These rates reflect actual 2007 costs. Rates will be adjusted annually in January to reflect actual staff and operating expenses. 4. Actual costs for title, appraisal or other services required to acquire the property. 5. Project costs will be charged to the City as services are completed and on a quarterly basis for King County personnel charges. VI. The County, while providing project management services to the City, shall also be responsible for reporting to the City all progress made. VII. Payment for the work provided by the County as part of this Agreement shall be made and the total amount of payment to the County for this work shall not exceed $100,000 without express written modification of the Agreement signed by the City. This Agreement will be effective the day of 2007, and will continue until canceled by either party giving thirty (30) days' written notice to the other party. IN WITNESS WHEREOF, authorizing representatives of the parties hereto have signed their names in the spaces set forth below. CITY OF TUKWILA KING COUNTY, WASHINGTON BY BY TITLE TITLE DATE DATE APPROVED AS TO FORM: APPROVED AS TO FORM: BY BY Deputy Prosecuting Attorney DATE DATE 3 o 2 C ity of Tukwila Utilities Committee 1906 UTILITIES COMMITTEE Meeting Minutes April 17, 2007 5:00 p.m. PRESENT Councilmembers: Joan Hernandez, Chair; Joe Duffle and Jim Haggerton Staff: Jim Morrow, Gail Labanara, Frank Iriarte, Ryan Larson, Bob Giberson and Kimberly Matej Guests: Chuck Parrish and Daniel Tempkin, Amalfi Investmant, LLC. CALL TO ORDER: Committee Chair Hernandez called the meeting to order at 4:58 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Duwamish Gardens Acauisitions Jim Morrow and Ryan Larsen discussed the need for the City to secure an agreement for land acquisition services from King County for 2.18 acres of land referred to as Duwamish Gardens (also known as Carasino property). This agreement will allow King County to conduct services and work as the City's agent to determine project feasibility of acquiring said land for salmon habitat restoration within the transition zone (transition between fresh water and salt water). King County is being recommended for these contract services since they are taking the Iead as the WRIA 9 Service Provider in addition to retaining the expertise of appraising such property for habitat restoration. Staff confirmed that funding for this agreement will be taken from exiting grant monies. The current grant states that if the project is determined as "not feasible," the City will need to reimburse 50% of the grant funds. A "not feasible" determination would cost the City at most $50,000, which has already been budgeted in the CIP. UNANIMOUS APPROVAL. FORWARD AGREEMENT OF SERVICES TO COW FOR DISCUSSION AND REGULAR COUNCIL FOR APPROVAL. Daniel Tempkin, Amalfi Investmant, LLC., attended the meeting as an owners representative of the land located adjacent to the Carasino property. The land is currently leased to Overnight Transportation (recently acquired by United Parcel Service). Mr. Tempkin contacted Ryan Larsen when the Carasino's mentioned to him that the City was working on a project adjacent to their property. Amalfi Investments has an interest in purchasing the property currently owned by the Carasino's in order to expand current land operations. Knowing that the City may be interested in purchasing the same land, Mr. Tempkin expressed an interest in establishing a collaborative working relationship with the City in the event the City seeks property acquisition. Mr. Tempkin desires to remain vigilant in safeguarding the interests of his investors, as well as supporting City sponsored habitat restoration. Due to some recent experiences with Sound Transit, Amalfi Investments does not want to feel forced to purchase the property. Mr. Tempkin is in attendance at this meeting in a good faith effort to work with the City. His company may be Finance Safety Committee Minutes April 16. 2007 Paae 2 interested in exchanging approximately 200 feet of their property on the river bank adjacent to the west side of the Carasino property for some of the commercial land on the northeast side of the Carasino property if a purchase is made. Mr. Morrow assured Mr. Tempkin that this is only a proposed project at this time, and that the property in question will not be considered for acquisition until King County is able to determine the feasibility of the project. The current unknowns of this proposed project make it difficult to provide specific answers and secured commitments at this time. Mr. Tempkin has been invited to continue attending subsequent meetings and was encouraged to continue working with Ryan Larsen regarding these interests. B. Fire Station No. 52 Female Restroom Construction Project Completion and Acceptance Bob Giberson reported on the recent completion of the restroom construction at Fire Station No. 52. This fully ADA compliant restroom will accommodate females. One change order was made to include storage in the area, and the project was completed with a slight underrun. Bob stated that the contractor is very conscious and was well received by the Fire Department. UNANIMOUS APPROVAL. FORWARD TO REGULAR MEETING, CONSENT AGENDA. C. 2007 First Ouarter Report With regards to Budget Program Goals, General Engineering Services Water, No. 1, Jim M. reported that more connections have been made than were originally anticipated. This has resulted in increased costs. INFORMATION ONLY. III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Mr. Morrow stated that he is in receipt of a petition from 18 of 22 property owners located in the area of 144th and 54 Avenue South who want to explore the possibility of forming a Local Improvement District for surface water, drainage, curb, sewer, etc. Preliminary cost estimates for these improvements are roughly $2.5 million. Mr. Morrow has written a letter to the residents providing them with this preliminary information. In addition, Public Works will sponsor a meeting at TCC on May 2, 2007, at 7:00 p.m., for these residents in order to further explain the LID information, options and assessment costs. At the meeting, staff will determine if residents still have an interest in the Local Improvement District. If residents decided to move forward, Ivir. Morrow will bring the issue back to the Committee. Future Agenda Item Requests: Detailed information on the connection charges assessed by Cascade Water Alliance to sprinklered buildings. Rates for surface water, sewer and water. Meeting adjourned at 6:03 p.m. Next meeting: Tuesday, May 8, 2007 5:00 p.m. Conference Room 3 `n 2--1 Committee Chair Approval Minutes by KAM.