HomeMy WebLinkAbout07-076 - King County - Duwamish Gardens Acquistion 07- 076(a)
SUPPLEMENTAL AGREEMENT NO. 1 Council Approval N/A
to
CONSULTANT AGREEMENT NO. 07 -076
THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, herein -after referred to as "City and King County, hereinafter referred to as
"County in consideration of the mutual benefits, terms, and conditions hereinafter specified.
The City desires to supplement the agreement entered into with the County and executed on June
29, 2007 and identified as Agreement No. 07 -076. All provisions in the basic agreement remain
in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section VII
The total amount of payment to the County for this work shall not exceed $122,181.96 without
express written modification of the Agreement signed by the City.
DATED this Z day of 2009.
CITY OF TUKWILA King County
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Ji2� Aerton, M u
C Printed Name:j A N S 11
Title: A s S i v i s i o n t =l D r
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CITY OF TUKWILA PiTi v ed Nvia,(
AGREEMENT FOR SERVICES
T�IS AGREEMENT mane and entered into this day of
J i n 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
I 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 nanagement 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
u0 i,
This Agreement will be effective the day of Yf bru e� rll, ;K'I, and will
continue until canceled by either party giving thirty (30) days' written notice to the4ther 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, SHINGTON
BY �Q�i'�) BY 4
TITLE A A V TITLE
DATE 5 C J DATE '49
APPROVED AS TO FORM APPROVED AS TO FORM.
BY y"' BY
Deputy Prosecuting Attorney
DATE e 7 0' DATE 2 1 07
1
Member Jurisdiction WRIA Forum
King Cc se ation District Grant Amendment Request
Instructions. 1, re est an amendment to your Grant Award, complete this form and submit it to the King
Conservation District. You will receive a written response back from the District either approving or denying the
request. Attach any supporting documents you think will aid the review of your request.
WRIA Forum (if applicable) _WRIA 9 Green /Duwamish and Central Puget Sound Watershed_
Grantee _City of Tukwila
Project Title _Duwamish Gardens Acquisition 2007
Agreement Year _2007
Request to Amend Grant Award in the following manner (check all applicable categories and provide
details in space provided below or attachments where indicated)
Change the Project Completion Date from _September. 30, 2008_ to _December 31, 2008_
X Extend project up to 90 days past original completion date
Extend project in excess of 90 days past original completion date
Extend project due to permit and /or construction delays
Other (e.g., matching funds delayed)
Change the Project Scope of Work (attach completed Scope of Work Revision Detail form)
Increase scope of work at same funding level
Increase scope of work and request additional funds
Decrease scope of work at same funding level
Decrease scope of work and request additional funds
Decrease scope of work and return funds
X Other (describe and provide explanation below)
Change the Project Budget (attach completed Budget Revision Detail Form)
Reallocate funds among awarded budget item(s) within 10% of total grant award
Reallocate funds to new budget item(s) within 10% of total award
Revise budget in excess of 10% of total grant award
Other (e.g., request additional funding)
Other Category of Revision
Cancel project and return funds
Cancel project and fund new grant proposal (attach Grant Application)
Change applicant /principle partners without change in scope of work and funding level
Other (describe and provide explanation below)
Describe the proposed amendment, identify how the new proposal differs from the awarded grant, and
provide the reason /justification for the request (attach additional pages if more space is needed)
The change in scope is to allow purchase of more waterfront orooerty and less upland aronerty at the
same location in Tukwila. Amalfi Investments is purchasing the Carosino orooertv and is negotiating to
sell to the Citv 2.1 acres (compared to 2.16 acres in the original grant) that includes a portion of the
Carosino orooertv and a portion of the Amalfi orooerty. This will result in an improved habitat restoration
Droiect during the subsequent restoration phase. Attached map shows new configuration (black
boundary is around area to be purchased. red orange boundary is area of shallow -water habitat to be
created).
No additional funds are being reauested at this time. Citv intends to close during_ the third quarter of
2008 but is reauesting an extension at this time Just in case closing is delaved.
Authorized Signature Funded Entity Date
Authorized Signature Forum (when applicable) Date
Request approved
Request denied (see attached for explanation)
Additional information requested (see attached for requested information)
7
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Authorized Signature King Conservation District Date
Agreement Revision Request Cover Sheet v 11 13 -07