HomeMy WebLinkAboutCOW 2013-07-22 Item 4C - Interlocal Agreement - Duwamish Gardens Acquisition Services with King County for $50,000 COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 07/22/13
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AGENDA I1'EM TITLE Duwamish Gardens
Agreement for King County Acquisition Services
CATEGORY ® Discussion ®Motion ❑ Resolution ❑ Ordinance ❑Bid Award ❑ Public Hearing ❑ Other
Mtg Date 07/22/13 At Date 08/05/13 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR ❑ Council ❑Mayor ❑ HR ❑ DCD ❑ Finance ❑Fire ❑ IT ❑ P&R ❑Police ® PW
SPONSOR'S King County provided real estate acquisition services for the original purchase of the
SUMMARY Duwamish Gardens site in 2008. Additional services are needed from King County for the
Amalfi Investment proposal to exchange approximately 2,700 SF of the existing Duwamish
Gardens site for a larger portion of Amalfi land totaling approximately 16,500 SF with 260
LF of river frontage. Council is being asked to approve the acquisition services agreement
with King County in the amount of$50,000.
REVIEWED BY ❑ COW Mtg. ® CA&P Cmte ❑ F&S Cmte ❑Transportation Cmte
❑ Utilities Cmte ❑Arts Comm. ❑Parks Comm. ❑ Planning Comm.
DATE: 07/08/13 COMMII"1'.EE CHAIR: ALLAN EKBERG
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$50,000.00 $350,000.00 $0.00
Fund Source: 301 PARKS(PG 65, 2013 CIP)
Comments: Funds for Land will come from design and construction funding.
MTG. DATE RECORD OF COUNCIL ACTION
07/22/13
MTG. DATE ATTACHMENTS
07/22/13 Informational Memorandum dated 07/05/13 (revised after 7/8 CAP)
Acquisition Map
King County Agreement for Acquisition Services (Track changes Version)
Final King County Agreement for Acquisition Services
Minutes from the Community Affairs &Parks Committee meeting of 07/08/13
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sy City of Tukwila
rte'
a o Jim Haggerton, Mayo,
--1908 - INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Bob Giberson,Public Works Director
By: Ryan Larson,Senior Program Manager
DATE: July 5,2013(revised after 7/8/13 CAP Committee meeting)
SUBJECT: Duwamish Gardens
Project No.90630102
Agreement for King County Acquisition Services
ISSUE
Authorize the Mayor to sign an agreement with King County for land acquisition services.
BACKGROUND
The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat site with minor park elements.
The project is currently in the design phase with construction anticipated in spring of 2014.
The Duwamish Gardens site is bounded by the Duwamish River on the south, East Marginal Wy S on the east,and a neighboring
property owned by Amalfi Investments on both the north and west sides.Amalfi Investments has been in contact with the City
since the site was purchased to determine if we would be willing to exchange a portion of the Duwamish Gardens site for a portion
of the Amalfi property. Habitat specialists reviewed all of Amalfi's prior proposals and determined that they did not provide a net
benefit to the habitat features and were rejected.Recently,Amalfi provided a proposal where the City would sell a small portion of
approximately 2,700 SF of the existing Duwamish Gardens site near E Marginal Wy S to Amalfi Investments and Amalfi would
then sell the City a larger portion of land totaling approximately 16,500 SF with 260 LF of river frontage.
ANALYSIS
Acquiring additional project area and river frontage for Duwamish Gardens provides a clear habitat benefit to the project.Staff has
made preliminary contact with the granting agencies to determine if the sale of a portion of the existing site was feasible under the
required deed restrictions placed on the property. Preliminary responses indicate that if we can replace any property that is being
sold,show a net habitat benefit to the overall project,comply with all property acquisition/sale requirements,and keep the sale
portion below$70,000 in value,we should be able to obtain approval from the various granting agencies for the exchange of
property.
King County provided real estate acquisition services for the original purchase of Duwamish Gardens and is now willing to provide
these additional services for the proposed property exchange with Amalfi Investments.The real estate services contract with King
County is$50,000,which is an appropriate amount for this effort.
The agreement language has been updated since the July 8 Community Affairs and Parks Committee meeting per City Attorney's
Office direction to add public records disclosure and indemnity clauses to the agreement. A tracked changes and final version are
attached.
RECOMMENDATION
Council is being asked to approve the acquisition services agreement with King County for the Duwamish Gardens project and
consider this item at the July 22,2013 Committee of the Whole and subsequent August 5,2013 Regular Meeting.
Attachments: Acquisition Map
King County Agreement for Services—Tracked Changes from CAP Agenda
King County Agreement for Services—Final Version
W:\PW Eng\PROJECTSW-DR Projects\Duwamish Gardens 06-DRO2(90630102)\Acquisition\Info Memo King County Agreement for Services-Land Exchange.docx 31
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AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF TUKWILA
FOR ACQUISITION SERVICES FOR THE
DUWAMISH GARDENS HABITAT RESTORATION
ENHANCEMENT PROJECT
THIS AGREEMENT is made and entered into by King County,Washington on behalf of King
County("County") and the City of Tukwila("City"),collectively referred to as "Parties."
WHEREAS,the City is desirous of contracting with the County for the use of the County's staff and
services necessary to acquire and/or exchange 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 Acquisitions Unit, to provide the services
of contracting for appraisal,title and escrow,environmental reports and review and conducting reviews of title
and appraisal reports,and right-of-way personnel to assist the City in its acquisition or exchange of property in
connection with the surplus as directed by the City. Funding for said services will be through funds held by the
County and/or CFT Funds and/or other City sources of funding.
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.
II. The City shall restrict the use of those properties acquired under this Agreement via deed
restrictions to uses that are consistent with those recorded on the existing Duwamish Gardens property or
consistent with current acquisition granting agency policies.
III. 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.
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 costs that will be billed by the County are determined as follows:
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 (2013 rates):
Title Work $84.86 per hour
Appraisal Services $105.00 per hour
Project Management $110.16 per hour
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These rates reflect actual 2013 costs. Rates will be adjusted annually in January to reflect
actual staff and operating expenses.
4. Actual costs for title and title review, appraisal and appraisal review, administrative costs
or other services required to acquire the property.
5. The total amount of payment to King County for this work shall not exceed$50,000
without express written modification of this Agreement signed by the City.
VI. The County,while providing project management services to the City, shall also be
responsible for reporting to the City all progress made and will provide an invoice for services billed at regular
intervals.The County shall observe and abide by all applicable requirements and laws related to the retention
and disclosure of public records with regard to all records prepared by the County for the City or prepared in
conjunction with this Agreement.
VII. This Agreement may be amended, altered,clarified,extended,or terminated only by the
written agreement of the Parties hereto.
VIII. This Agreement is not assignable by either Party,either in whole or in part.
IX. The City shall observe and abide by all applicable requirements related to the procurement of
goods and services as mandated by law.
X. The City shall defend,indemnify and hold the County, its officers, agents, officials,
employees and volunteers harmless from any and all claims, injuries:damages, losses or suits including
attorney fees, arising out of or in connection with the City's performance of its obligations under this
Agreement. The County shall defend, indemnify and hold the City, its officers, agents, officials,employees
and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of or in connection with the County's performance of its obligations under this Agreement.
This Agreement will be effective the day of
2013 for a period of one year.
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:
BY
DATE
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AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF TUKWILA
FOR ACQUISITION SERVICES FOR THE
DUWAMISH GARDENS HABITAT RESTORATION
ENHANCEMENT PROJECT
THIS AGREEMENT is made and entered into by King County,Washington on behalf of King
County("County")and the City of Tukwila("City"),collectively referred to as "Parties."
WHEREAS,the City is desirous of contracting with the County for the use of the County's staff and
services necessary to acquire and/or exchange 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 Acquisitions Unit,to provide the services
of contracting for appraisal,title and escrow,environmental reports and review and conducting reviews of title
and appraisal reports, and right-of-way personnel to assist the City in its acquisition or exchange of property in
connection with the surplus as directed by the City.Funding for said services will be through funds held by the
County and/or CFT Funds and/or other City sources of funding.
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.
II. The City shall restrict the use of those properties acquired under this Agreement via deed
restrictions to uses that are consistent with those recorded on the existing Duwamish Gardens property or
consistent with current acquisition granting agency policies.
III. 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.
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 costs that will be billed by the County are determined as follows:
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 (2013 rates):
Title Work $84.86 per hour
Appraisal Services $105.00 per hour
Project Management $110.16 per hour
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These rates reflect actual 2013 costs. Rates will be adjusted annually in January to reflect
actual staff and operating expenses.
4. Actual costs for title and title review, appraisal and appraisal review, administrative costs
or other services required to acquire the property.
5. The total amount of payment to King County for this work shall not exceed$50,000
without express written modification of this Agreement signed by the City.
VI. The County, while providing project management services to the City, shall also be
responsible for reporting to the City all progress made and will provide an invoice for services billed at regular
intervals.The County shall observe and abide by all applicable requirements and laws related to the retention
and disclosure of public records with regard to all records prepared by the County for the City or prepared in
conjunction with this Agreement.
VII. This Agreement may be amended, altered,clarified,extended,or terminated only by the
written agreement of the Parties hereto.
VIII. This Agreement is not assignable by either Party,either in whole or in part.
IX. The City shall observe and abide by all applicable requirements related to the procurement of
goods and services as mandated by law.
X. The City shall defend,indemnify and hold the County, its officers, agents,officials,
employees and volunteers harmless from any and all claims,injuries,damages,losses or suits including
attorney fees, arising out of or in connection with the City's performance of its obligations under this
Agreement. The County shall defend,indemnify and hold the City,its officers, agents,officials,employees
and volunteers harmless from any and all claims,injuries,damages,losses or suits including attorney fees,
arising out of or in connection with the County's performance of its obligations under this Agreement.
This Agreement will be effective the day of
2013 for a period of one year.
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:
BY
DATE
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Duwamish Gardens Project No. 90630102
DESCRIPTION: Purchase and restore site as a salmon estuary and passive park.
JUSTIFICATION: This project is included in the WRIA 9 Salmon Recovery Plan's efforts to acquire and restore 20-acres
within the Duwamish estuary.
STATUS: Property acquired in 2008. Design began in 2012.Construction scheduled for 2014,grant dependent.
MAINT.IMPACT: With a new passive park, additional maintenance will be needed.
Design funding from State Salmon Recovery Board(SRFB)and King Conservation District(KCD).
COMMENT: Acquisition grants included SRFB,WRIA 9 King Conservation District, KC Conservation Futures,WA
State Aquatic Lands and WA State Earmark grant.
FINANCIAL Through Estimated
(in$000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL
EXPENSES
Design 30 110 270 410
Land(RAN) 2,116 2,116
Const. Mgmt. 10 250 50 310
Construction 7 70 1,750 750 2,577
TOTAL EXPENSES 2,153 110 350 2,000 800 0 0 0 0 5,413
FUND SOURCES
Awarded Grant 2,058 110 350 370 2,888
Proposed Grant 1,500 750 1 2,250
Mitigation Actual 0
Mitigation Expected 0
City Oper. Revenue 95 0 0 130 50 0 0 0 0 275
TOTAL SOURCES 2,153 110 350 2,000 800 0 0 0 0 5,413
A. Project Location v r NI ,
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2013-2018 Capital Improvement Program 65
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Community Affairs&Parks Committee Minutes July 8, 2013—Page 2
C. Agreement for King County Acquisition Services for Duwamish Gardens
Staff is seeking Council approval to authorize the Mayor to sign an agreement with King County for land
acquisition services regarding the Duwamish Gardens site. Duwamish Gardens was acquired in 2008 for
future restoration as a salmon habitat site with minor park elements, and is currently in the design phase
with construction anticipated in spring of 2014.
Amalfi Investments owns bordering property on the north and west sides, and has proposed a plan under
which the City would sell approximately 2,700 square feet of the existing site near East Marginal Way
South, and in return Amalfi would sell the City approximately 16,500 square feet of land that includes
river frontage. Preliminary contact with the Duwamish Gardens granting agencies indicates that approval
will be granted if certain criteria relating to value, habitat benefit, and acquisition and sale requirements
are met. King County provided the real estate acquisition services for the original purchase of the site and
is now willing to provide services for this additional property exchange for a total not to exceed$50,000.
Staff indicated that this land exchange is of benefit to both parties and recommends authorization of the
agreement. UNANIMOUS APPROVAL.FORWARD TO JULY 22 COW FOR DISCUSSION.
D. Grant Acceptance from the King Conservation District for Duwamish Gardens
Staff is seeking Council approval to accept a grant in the amount of$300,000 from the King Conservation
District (KCD) for the Duwamish Gardens Project. As mentioned during item C, the project is currently
in the design phase with construction anticipated to begin in spring of 2014. The total construction cost
estimate is $2,500,000. This KCD grant does not have matching fund requirements but does require that
the funds be used for construction as described in the application. UNANIMOUS APPROVAL.
FORWARD TO JULY 15 REGULAR CONSENT AGENDA.
E. Duwamish Neighborhood Trail Crossing
Staff provided committee members with an update on safety concerns and enforcement at two trail
crossings along the Green River Trail (one located at 40th Avenue South, east of Interurban Avenue
South, and the other located on South 116th Street east of East Marginal Way South.) Since hearing from
citizens with concerns about these intersections, work has been done to improve sight distance and sign
visibility at the 40th Avenue South location. There are plans to add additional signs within the next 2-3
weeks at both trail crossings that will prominently warn bicyclists of the mandatory stop sign ahead. Spot
enforcement by police officers at these intersections will also help with public awareness.
Committee Chair Ekberg suggested painted warnings on the trail roadway as an additional measure of
notice, and staff agreed to look into it. Committee members will be updated this fall regarding results of
the described safety improvements. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 6:29 p.m.
Next meeting: Monday, July 22,2013—5:15 p.m.—Conference Room#3
Committee Chair Approval
Minutes by LH. Reviewed by 8G.
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