HomeMy WebLinkAboutITEM V-AAGENDA BILL APPROVAL FORM
* SASH IIG'Ti
Agenda Subject: Adoption of Resolution No. 4558, authorizing a Date: January 6, 2010
Design Agreement between the City and the U.S. Army Corps of En ineers for restoration of the Mill Creek Wetland 5K Reach.
Department: Attachments: Budget Impact: None
Planning and Development Attachment 1: Resolution No. 4558
with Exhibit A -Design Agreement for
Mill Creek Restoration, Wetland 5K
Reach
Attachment 2: Resolution No. 4315,
adopted by the Auburn City Council on May 5, 2008
Attachment 3: USACE Project
Information Paper
Attachment 4: Project Management
Plan for Wetland 5K Reach Mill Creek
Restoration
Administrative Recommendation: Recommend adoption of Resolution No. 4558 authorizing execution
of design agreement with U.S. Army Corps of Engineers for restoration of Mill Creek Wetland 5K Reach
Background Summary:
On May 5, 2008, the City Council adopted Resolution No. 4315 (see Attachment 2) approving the
execution of a design agreement with U.S. Army Corps of Engineers to prepare a preliminary design
for the restoration of four reaches of Mill Creek in Auburn: Geodeke, Merlino, Wetland 5K, and Schuler
Brothers, as generally described in the final report of the Chief of Engineers dated December 29, 2000,
and "GreenlDuwamish River Basin Ecosystem Restoration Study, Final Feasibility Report," dated
October 2000 and approved by the District Engineer, U.S. Army Corps of Engineers, Seattle District,
on October 30, 2000. The projected design costs of the project were $440,440 of which the City's non-federal sponsor match requirement of twenty-five (25) percent less coordination and
audit costs
(approximately $109,110). At that time, the City of Auburn had allocated $20,000 from the King
Conservation District to be used as part of the City's non-federal Sponsor match requirement for
design and construction of the Mill Creek restoration.
Before the Agreement with the Army Corps of Engineers could be executed, reductions in federal
funding for FY 2009 resulted in the project no longer being fully funded and the project was
temporarily put on hold pending the availability of funding. In mid 2009, the City received notice that
FY 2010 funding was expected to be approved for the project from both agency appropriations and
additional federal economic stimulus funds. The City has worked with the Army Corps of Engineers to revise the project so that final design for individual stream reaches could be completed
earlier than
previously planned to allow for earlier construction readiness to be able to take advantage of the
anticipated availability of additional federal stimulus funds.
In August, 2008, the King Conservation District (KCD) allocated an additional $180,000 to the City of
Auburn for use as the City's non-federal sponsor match funds. Of the $200,000 total KCD funds,
$180,000 has been received by the City and the remaining $20,000 is scheduled to be received upon
completion of the project.
rr~Y
t 4 ~ i ri' rr ~ :'r }1 •~K SAY J l ~ ~ I i y a fir' ti i f.. ~ ~ .i f ~ Sr 'r9 .AS ~1
A revised design agreement has been developed for the final (100%) design and permitting of the
restoration of the Wetland 5K Reach of Mill Creek. The project design would include design for
stream channel restoration, removal of non-native invasive vegetation, and planting of appropriate
riparian vegetation species to provide quality habitat for fish and wildlife as generally described in the
Project Information Paper (Attachment 3) and Project Management Plan for Wetland 5K Reach Mill
Creek Restoration, Green Duwamish Ecosystem Restoration Project dated November 18, 2009 (Attachment 4). The total design project costs for the Wetland 5K Reach have been estimated at
$518,023, of which the City's non-federal sponsor match requirement is twenty-five (25) percent, less
coordination and audit costs (approximately $115,280). The KCD funds allocated to the City are
sufficient to cover the City's non-federal sponsor match requirements, with remaining funding to go
toward construction of the restoration or design of additional Mill Creek reaches. Construction of the
of the restoration or design of additional stream reaches would be separate projects and are not part
of the Design Agreement. The Wetland 5K design project is scheduled to start in early 2010 and be completed in 2011. Construction of the project is anticipated to begin in late 2011.
In mid 2009, the Army Corps of Engineers notified the City that FY 2010 appropriations and approximately $9M in federal stimulus funds has been approved for Green Duwamish Ecosystem
Restoration Plan (ERP) projects in 2010.On November 12, 2009, the ERP Executive Committee
approved $250,000 for the FY 2010 portion of the Mill Creek Wetland 5K design project.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ®Planning
❑ Park Board ❑Public Works ®Legal ❑ Police ❑ Planning Comm. ❑ Other ❑Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing _I_I Referred to Until I l
Tabled Until I I
Councilmember: Norman Staff: Andersen
Meeting Date: 1/11/2010 Item Number:
Page 2 of 2
ATTACHMENT 1
RESOLUTION N0.4_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN AND
THE DEPARTMENT OF THE ARMY FOR DESIGN OF THE
MILL CREEK WETLAND 5K RESTORATION PROJECT
WHEREAS, U.S. Army Corps of Engineers has received federal funding
to initiate design of the Green Duwamish Ecosystem Restoration Project at King
County, Washington; and
WHEREAS, under the Water Resources Development Act of 1986, local
governments wishing to have such projects constructed within their jurisdictions
must contribute a portion of the project design costs; and
WHEREAS, Mill Creek lies within the Green Duwamish Project area and
a portion of Mill Creek is located in the City of Auburn; and
WHEREAS, the Auburn City Council finds that restoration of that
portion of Mill Creek located within the City will benefit the citizens of Auburn by
enhancing flood control within the City and by improving fish habitat; and
WHEREAS, the Auburn City Council previously adopted Resolution No.
4315 authorizing the execution of an Agreement between the City of Auburn
and the Department of the Army for design of the Mill Creek Restoration Project
Resolution No. 4558 January 11, 2010
Page 1 of 4
and that Agreement was not executed as a result of subsequent changes to the
amount and availability of federal funding for the project; and
WHEREAS, the project described in the Agreement has subsequently
been revised from the preliminary design of restoration of four reaches of Mill
Creek as described in the Project Management Plan for Mill Creek Restoration,
Green Duwamish Ecosystem Restoration Project dated August 27, 2007, to a
full (100%) design for the restoration of the Wetland 5K Reach of Mill Creek as
described in the Project Management Plan for Wetland 5K Reach Mill Creek
Restoration, Green Duwamish Ecosystem Restoration Project dated November
18, 2009; and
WHEREAS, the City of Auburn has received $180,000 from the King
Conservation District to be used for the City of Auburn's non-federal sponsor
match funds required by the Agreement; and
WHEREAS, the City of Auburn is scheduled to receive an additional
$20,000 from the King Conservation District upon completion of the project to
be used for the City of Auburn's non-federal sponsor match funds required by
the Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4558 January 11, 2010
Page 2 of 4
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and the Department of the Army for design of the Mill Creek Wetland 5K
Restoration Project which agreement shall be insubstantial conformity with the
Agreement a copy of which is attached hereto, marked as Exhibit "A" and
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of , 2010.
CITY OF AUBURN
PETER B. LEWIS
MAYO R
ATTEST:
Danielle E. Daskam, City Clerk
Resolution No. 4558 January 11, 2010
Page 3 of 4
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4558 January 11, 2010
Page 4 of 4
~EIC~N ARE~1lNT
~L;1 YY ~~N
THE DPAI~TENT ~F THE Al~.~
AND
CIT4~ ~F AUBURN
FAR
REIN
~'~R THE
I~UANIIHIILL ~REEI~ FTLAND SIB ~~YTN~ RI~T~RATI~N
pl~~~~T
THIS ACREEFNT rs entered 111to this day of _ ~a b~
arld bet~~reerl the Depar~trnet~t of the Ar'rrly ~l~el`e~tiael• the "o~ernrne~~t"~, represented
tl~e I~istr'ict Fngir~eer• ofthe U~. Arn~~ ~o~`ps o~Engineers, Seattle District arld pity of
Auburn {llereiriafter~ tl~e ~`Non~Federal ~~onsoz`„}, rep~•eset~ted b~ the lV~a~or,
ITNEETI~, THAT;
~VHEREA, Federal on~tr~uetion, ~ener~l firrlds fir Fiscal Year 0~~, included
fi~nd~ fo~• tl~e a~ernrnent to initiate design a~ tt~e green Du~~arr~ish ~eosstern
Restoration Pra~ect ~l~eteinafter the "Parent Project}'} at Ding ~unt~, ~Llahingtan;
HEI~EA, the o~ernment acid the NonyFede~•al sponsor desire to enter' into an
agreement ~hereirrafter the "Agreement"~ for` the provision of de~iti for the 1Viill reek
Wetland ~ Restoration Pr+oject fan ele~iient of the Parent Prajeet and hey;einafter the
"P~~o~ j~c~", a~ defined Yn Artiel~ I,A, of t~iis ~.~~ee1ner~t~;
WHEREAS, corxstructian or• irnplcmentat~on of the ~~•njec~ is authorised b~
Section i ~ i fib} o~ the at~r Resources Do~elopz~~erit Act of 2~~0, Public Lam I
X41 in acco~;dance ~~ritlx the plans, and. subject to the conditions, r~ecomrnended in a final
report of the thief of Engineers if a favorable ropo~~t of the thief is corrrpleted not late~+
tl~an Dece~nher 31, 20~~; and a favorable final report of the Chief was completed on
December ~~~0;
Hl~l~I~AS, Section 1 DSc} of the dater l~eou~`e~ I~eveloptnet~t Act off' 1 5~,
Public La~~ 99-~~ X33 U,S.C~ 1 l~rovides that the costs ofdesign of ~ water
resau~#ces project shall be sl~ared in the same per•cerltage as the put`poses ofucl~ project;
HER~AS, the ovcrtime~it and the Non-Fede~`al Sponsor agree that, during the
~t~iac~ ~~de,~~~r~, the Norl-Federal Sponso~• shall contribute ~5 percent of ~o~c~~ ~~e,~~r'~~
~as~,s and that, if a P~~o ject Pa~~t~xe~`sllip Agr~eetiient ~'or~ co~st~•~ct~on of the P~~~jcc~ is
e~ec~ted bet~~reerr tl~e Coverrrrnent and a ~iorr-Federal interest, such not~Rederal interest
sliall corit~iibutc a~iy ~°e~iiai~iiii lio~~t~on of the Hari-Fede~~al liar°e of the costs off' desi~i ~~i
accordazice ~~itlr the provisions of such P~•oject Partnership Agreement;
'I~EREA, tl~e Coverr~rnerlt arld N~t~~Federal ponsar have tl~e full autl~or•ity and
capab~llty to per'fot'rY~ ~ ilerernaf~er' set for~tl~ and ~~~ten.d to coapel'ate rn cost~shar~ng at~d
~~lancrr7g of tl~e ~~'o,~~C~ 1~~ a~~az•dax~ce ~vrtl~ file ter't~~s tl~~s Agl"ee~~~etlt; are
''~EREA, file a~{errlr~lent ar~d tlYe Non-Federal Sponsor, in canr~eetia~~ ~~rith
this AgrccrY~ent, desire to foster a par~trlerrrlg strategy and ~ ~vo~•kir~g relationship bet~~een
file ~avernr~~e~~t ar~d tl~e NanRFederal Sponsors th~•augh a ~~~~~t~~ally de~velopecl for-~llal
strategy of ca~~~~aait~~~ent and carl~~~~unicatiorl er~lbadied herein, ~vllici~ creates
er~vir'otr~~~e~~t ~~Tl~er~e trust ar~d tearn~ork l~reverlt disputes, faster a cao~~erati~e bond
bet~vee~~ file aver~rlrller~t anti tl]e Non-l~'ederal Spatlsor, and facilitate the successful
desig~~ and ir~7plcr~leritatiorl of file ~~•ojec~,
NOS, THEREFORE, tl~e Cover'nnle~at arld the Nor~~Federal Sponsor' agree as fallo~vs.
ARTICLE Z # I~EF~[ITI~NS
A, The ~ernl "I~t~•~j~c~" shall rrrcan l~abitt restaratron of the e~larld r+ec~~ of
i1~Iil1 reef as generally dcscrrbed rn file f"r~~al report of file thief of Engineers dated
December ~a~~, and in tl~e "reer~IDu~va~t~~isl~ Diver Basin Ecosystem Resto~•atian
Study, Frnal Feasrbrlrt~ Report," dated October and approved ~y file Distr•iet
E~lginer, U,SF Army corps of Engineers, Beattie I~istriet, on October a, ~0~~.
B. The terra "~o~~~~ ~~esr"get cons" si~all Mean the sunx of all eons rncur~•ed t~Ye
Non-Federal Sponsor ar~d the averruYlent in accoa•dance ~vrtll tl~e terms of thrs Agree~r~e~~t
directly related to design oftl~e ~i•r~j~~, Subject to tl~e pro~~sians ofthis Agreement, tl~e
te~~~~ shall include, but is ~~ot necessarrly Irmited to. the ovez•~~n~ent' costs of engineering
and design, economic and er7vit•onr~lental anaiyses, and e~auatia~x peg#~'orrned af~er• a
feasrbrlrty r•epo~~t ~vl~ether" pe~•forzned pr•ior• to or after t~~e effective date of this Agreement
that sere not pre~viousy shared ~viti~ a r~orl~Federal interest pu~•suant to az~y other
agree~~~e~.ts t~~e Gove~}x~~~nent's supet~ision and adrr~inistt•atian casts; tl~e Naz~~l~ederal
Sponsor's and the Oavern~~~ent's costs afpa~~ticipation in the Design oor•dination Team in
accardartce ~~ith Article III of this Agreement; tl~e C~overr~rnent's costs of cantract dispute
settlerrrents or• a~vrds; and the Non~Federal Sponsor's ar}d the ~overnn~ent's costs of audit
ire accardarlce ~~itl~ Ar•ticie ~II,B. and Article ~II,O. of this A~~ee~nent. The ter'rn does not
~z~ciude a~~~ casts of ~~~~er4trte~~~~s under A~~ticle II,E. of this Agrement; any costs of dispute
resalutran under Article of thrs Agr~eemet~t; any costs incurred as part of r•ecannaissa~xce
studies for the ~~~nj~c~; arly costs incut~'ed as par"t o~feasibi~it~ studies ur~der• and athei'
areeme~~t far the .~r•ojec~; th.e No~~,Fedez~al Sponsat•'s casts ofnegotiating this
Agr•ee~nent; or any costs of negotiating a Pra~ect Partnership Agreerner~t for file .P~~oje~
or' separable elet~lez~t thereof.
Tl~e ter~i~ "~~~~ar"oc~ of c~e~~r'~~~~' shall mean tl~e tii~~e ~•o~~~ tl~e effecti~~e date of this
Agreetne~it to tl~e date that a Prc~~ec~t Par~nersl~ip Agree~nerrt for cc~nstruc~tian o~ the
P~•o~~, ar a separable eler~~er~t tl~er~eof, rs executed bet~ree~~ tl~e Co~rert~r~lent and ~ nan~
~ede~al i~~terest o~~ the date that this Agree~~aer~t is t~1`n1111~tCd 111 aceorclallce ~~4T~t11 A~~`tiele
. of this Agx"ee~>~ent} l~icl~e~~et` is earliel4F
D, Tl~e ter1~~ "f ~~~c~~tc~c~~ ~~~i~~~rc~~r~~~~~~r+ c~e~si~~" shall ~~~ea~x tl~e fil~aneil obliatio~~s
of tl~e ~o~fer~~~~~ezrt that result or ~~~ould result i1~ costs that are ~1` ~vauld be il~eluded ~t~ ~o~r~~
~ esr~t co~~~~~~,
Tl~e tee"~~~ "~tv~r-~'ec~~r•~~~~~t~o~~r~~~~r'~~~r~~e s1~r~~~e" sl~~ll za~e~~~ tl~e rt~o o~'tl~e ~Ia~~-
Federal pollsar}s total eol~tt•ibutio~~ offit~~cls required ley A~~iele rl,l.l ~ of tl~~ Agree~~~e1~t to
fi~~~~~~crr~~ o~~fga~~a~~~~~ fn~~ c~e~~i~r, ax projecte~l ley the o~er~ll~~ent.
F, Tlxe te~i~~~ "~e~~e~~~~~et~~" shall ~~~ea1~ a differcnee In the deslgl~ ofa1~ ele~~~e~~t oftl~e
~'~`o, j~~~~ tlxat r"exults ~'rotx~ tl~e ap~licat~o~~ of st~t~~~t"~ls that tl~e ~~er~~l~~cr~t dete~~~1~i~~es exeeecl those that tl~e Govet~n~ncnt ~~ould otlael"~~15~ apply to the C~es1g11
of t~l~t ele~~~ez~t, Tlxe
t~1`1~1 does ~~ot ~~aclude any deslg~l for features not 1n1UdC(~ In the P~'~jec~ as defr~ed iz~
paragraph A, oftllls l~rticle.
. Tlae tee"~~~ "~ede~"~~~ ~~`o~"c~rar~ ft~~~~~~~'" s1~a111r1ea~~ funds pra~ided by a l~ ederal
agency, otllei" than the ~Jepa1`tn~el~t of floe ,A1"1]~y, plus any 1~01~-federal cantr]hut~or~
required as a I~~atehit~g share they"efo~"e.
H, Tl~e terns "f ~scc~~ y~C~~'" lxall ~~~~a11 one yea~• beginning an ~etober ~ a~~d e~zd~ng .
a1~ eptex~~be~" ~4. .
~A.TII~ Zl = O~I~IATI~ ~F TAE ~V~RNIV~E~T ADD
T~~ NOI~~~I~D~~~. P~N~R
- A, Tie o~ernment, suh~eet to recei~~ng funds a~a~~"a~~tate~ b~ tha angress o~'the
United states {hereinaer the "congress"} and using those funds a1~d f ands ~1`o~ide~ ~y the
~Dn-~ede1•al ponsol`, expedltlously shall design the P~'ajec~, applyilx those procedures
usually appllecl to Federal pro~eets, II] accordance ~~it~a Feder"al la~~, ~"eulat~ox~s, a11d
policies,
l , The Co~crnl~lent shall not ixue tl~e solicitation fay` the first co1~t1•aet fat"
desigl~ afthe ~'~~ojc~ 01` colnn~el~ce deslgl~ oftl~e P~"aje~~ using tl~e overnn~e~~t's Q~~Il
Forces until tl~e Noz~-Federal po11a1"has conft~n~e~ in ~~riting its ~~il~iz~g~~ess to ~~"oceed
~~itl~ cleslg~~ oftl~e ~'t"ojec~.
2, To tl~e extent possible, the a~e~"~~~I~e~~t shall dexig~~ tlxe .~*~jc~ i11
aceo~"da~~ce ~vitl~ t~~e P1"oject Ianage~~~e~~t Pla~~ for file ~'~"ojec~ developed a1~d updated a
required by tl~e o~~ernmel~t after consultatiol~ ~itl~ the No~~-Fecle~"al pol~so~~,
. The ove1`Il11~CIlt shall ~.f~u~'d file ~Io1~~Fecle~°al pe~~sor tl~e oppor~t~ity to
~"evle~v and eot~~n~e~~t On the xol~e~tatlans fo~~ all contracts, including relevant scopes of o~,k,
p1"ion" to the o~~e~•n~~~ent's issuance of such solicitatio~~s; To the e~te~t passible, tl~e
3
o~~err1111ent s~~ail affor'~~ file Nor~~Feder'al porlsor tl~e appo~~unity to re~riew and colnr~~e~~t
ors all ~aroposed co~~t~`ct r11o~llficatlor~, II1C~lId11~g c~la~lgc orders. ~~x a1~~r irlstallce ~~'~l~r•~
~~rovrding tl~e Dian-Federal ~~orlor wlt~l rlotlficatzorl of a co~~tr•act I~~odifcatiorl ~s rlot
po~sihle prior to execution of the contract Il~odification, tilt over'IUllent shall ~~r`ovide such
~~ot~fcatlorl 111 ~~'1'itirrg at the ear'iiest date ~~ossible. T~ the e:ctel~t possibie, the C~o~~err~tl~etlt
also sha~~ affo~•d tlae Note-Federal potlsor file o~~partu111t~ to ~•e~~~ew and Co111111e11t an all
contract cl~~i~~~s ~~rior to 1•calutio~l thereof, Tl~e o~e1`r1111~r1t shall con~idel• in good faith t~~e
cama~~ents Qf t~~c ~Ion~Federal Sponsor, but the cot~te~~t of solicitations, awa~`~l of co~~tract
or• co~~ll~~cncerller~t of dcsrgrl usr~l the overrlrllerlt's owrl forces, executiorl of cor~ta`act
Il~~d1f1C~t1a11, r•esalutiorl of contact ~laitl~, and per`foai~llatlce of ali work o11 tl~e ~'t•o jec~
shall be excl~~l~ei~ ~vlthrrl file corltl`ol of tl~e o~c1'~lt~~erlt.
4. ~t tt~e t1I11~ the At'~l~y Engi~lee~`, Seattle ~it~•ict ~l~ereit~after the
"District Erlineer•"~ fitl'nishes the corltr~actor wrth the o~rerx~l~~ent's 'rlttel~ ~atlce of Acceptatlce of or~lpletec~ ward far each contract awaz`ded bar the o~er'11111~r1t far the
~'~•cject, tale District EI1gi11eer' shall fu1'rlis}~ copy thereof to tl~e ~Io1~~Federa~ po~lsor.
S• The Ca~rer't~t~lent shall afford the I~orl~Pede1•al Sponsor' file appor'tunit~
to r'e~1w and corllrl~ent orl all destgrl products that a1'e developed b~ contract or b~
o~ernlllent pe~•sorlrlel during the pe~~io~~ o c~e~~~ir~. Tl~e Co~~ern~~~ent hall consider in
good Earth tale cornl~lent ofthe Nan-Federal Sponsor, but tl~e ~Iaal appr•o~fal of all design
products shall be exclusively within the control of the o~er~~~e~lt~
G, ~otwltllStandlrlg paragraph A,4. of this Article, If the award of and
contract for• design of file P~~oject, or• continuation deigl~ of the .~~~r~ject using the
overr1111ent's owrl forC~s, would result in ~nt~~I desi~~~ costs exceeding $~21,~7; tl~e
overrlrllent a1~ci tale ~on-Federal Spor~sol• agree to defer` award of that cotltractt award of
ail ren~a~~~~t~g coz~tract for• design of file ~'~•oject, end contilluatial~ of des~grl of the
~~~oj~ct using tl~e o~er•rrtllent' own forces urxt~I such tine as the iD~c1•Z11rlent and tllc
No1~~l~'ederal Sponsor agree ~Zl wI•~t~Xlg to proceed with further' contract awal•ds for the
~'~•oject or• the continuatiol~ of~lesin oftlle ~~•~ject using the ~ravernt~~nt's o~~frl forces,
but in no evetlt shall tl~e award of contracts or file contrnuatroll of design of tae ~~~~~jet
using the over•r~Illent's o~~Tn farces be deferred for Dore than t~lr•ee ~rears~
~otwitlltatld~rag this general provision fo1' deferral, i~~ tl7e cvcllt floe sistallt Secretary
Oft~~e A~rIIl~ ~IV~I worl~s} Illalce a wr•rtten deterr111nat1on that tl~o awa~•d a~`such contract
or` contl•a~ts or col~til~uatiol~ of design ofthe ~'~•oject using the ave1•r~~rrent' owrl farces
Illust proceed in order to con~pl with law or to protect ~~uxa~an life or property fra~~~
i1~~Irzine~~t a~~d substantial har~.~l, the a~er`n1~~e11t, after consultation with file ~01~~l~edet+al
Spalisar, nla~ awal•d a Co1~t~act or corltr ~Ctsa or• CDXltrnue wrtl~ design the .~•~~]ec~ usrrlg
file avernl~lerlt's own farces,
As of tl~e effective date of this A~greerl~elxt, 7,755,0~~ of Federal finds
fat` ~leszgl~ axed contl•uction have been provided by ox~ress fa~• the ~Autl~orized Project
of wllicll ~2~~,O~o is cu~~e~~tl p~'a~ected to ue a~azlable for the ~~•~~~~cf• Tl~e a~~e~~n~llelit
1~~~~e no con11rI1tI~~Ilt Request orlgr`es to provide additional Fede~•al funds fo1' the
Parent Pra~ect or file ~°~`o jct. l~'urtl~er, tl~e Covern~~ent's flna~loral partlcr~atlon 111 tl~e
~'~~ajec~ is limited to the Fecle~~al ~~~nds tl~at t~~e o~ret`~~Il~e~~t makes available to tl~e
B, Tl~e ~Io~~-Federal I~oY~so~• s~lall co~~t1}ibute ~ pe~•cent of ~r~~~~~ r~~~sr~~t ca~s~~~~~ in
acco~~da~~ce ~~~it~~ the ~~I~ov~slotls of tl~~s p~~~•agrapl~,
~ . T~~e Nor~~'ede~~al I~ot~so~i ~Ixal~ ~~'o~ide f ut~ds its acco~icla~~ce ~~rtth A~~ticle
I~~~, of tl~~s Ag1'eelr~nt i1~ tl~e a~~~ouz~t ~~ecessar~ to ~Y~ect t~~e I~ot~-Federal Iao~~so~~'s shave
of ~e~~ce~~t of ~~~~c~~ desrg~r co~~~s if tl~e Covertune~~t pro~eets at atY~ ti1~~c that tl~e collective
value oftl~e ~~~-Federal potisar's cox~tziil~t~tio~~s u~~c~e1• Article lil Article oftl~is
A•eei~~e~~t ~~ill be Iess than such share.
Tae QV~1'1l~l~nt, subject t~ tl~e a~a~labilit~ offends, l~all refund or
~•ei~~~burse to the Ilan-Federal sponsor and cot~trlbut~o~~s In excess of 2~ percent of ~o~~~~
c~e~~ig~r cons iftl~e overt~me~~t dete~~l~~ines at and tix~~e tl~at the collective value aftl~e
follo~vi~~g co~at~•ibutio~~s has exceeded e~~ce~~t of ~f~~c~~ c~esr'~~ cos~~~~~ ~a} the value oftl~e
Non-Federal ~onsor' ca~~tl~ibutiot~s under; parag~~aph I. oft~~is A~~ticle; and ~b}the value
oft~~e ~ot~-~e~lezal ~o~~sar's contributions u~~der A~•ticle III a1~d A~~icle III of this
Agr~cen~ent.
. po~~ ca~~eluian ofthe pe~'~4c~ of f~~~sr~i, the ovcrnn~ent l~all conduct an
accounting, in accordance v~itl~ Article I~.. of this AgreetY~e~~t, and furnish the results to
file Non-Federal panso1•,
D. The Non~Federal ponsotF shall nat use ~'~~~e~r~~~~~Aa}•a~~~~~{~~~~~s} to meet a~x~ of its
obligations for tl~e ~'~•ojec~ udder this Agtee~~ae~it u~~less tl~e Federal a~e~lc~ providing tl~e
Federal portion of such funds verife~ in ~~~•~t~~i that expe~iditu~•e of such fu~~ds fo~• such
put~pose is expressl~r autho~•~~ed by Federal la~v.
E, The Non-Fede~~al sponsor I~~a~ request tl~e avertitnent to ~nc~ude bc~ier~~~~ett~~~T
a~x tae design of the ~'~~a,~ec~. uc~~ requests shall be its ~vritix~g acid shall describe the
~e~~e~~~r~e~~~s requested to be included in the clcsigx~ oftl~e ~'~~a~jec~~ Ifin its sole discretio~a
the overr~~~e~~t elects to tl~clude suc~~ ~e~~e~~~~re~r~s ar and portio~~ thereof in tlxe design of
tl~e ~'~•ojec~, It shaZ~ o r~otlfy the ion-l~'cde~•al po~ao~" Ina 4~ritit~g that sets forty a~l~
applicable terns a1~d conditioz~s, ~~rhich ~~ust be consistez~t with this Agree~ne~~t. tl~e
event ofconfllet between such ~~r~•~ting a1~d this Arecr~~e~~t, t~~is Agree~l~ent ~~all control.
The overnt~~e~~t shall allocate t~~e cosh aftlle ~'~~ojcc~ features that il~clud ~er~~~•~~~e~~~s
bet~vee~~ ~a~~~~ des~~~ cos~~s~ a~~d the costs of tl~e ~e~~e~r~~~e~t~s. The I~ozl-Federal potxsar
shall be safely respol~sible foci all costs ofdesign oftl~e ~c~~~~~•~~tc~r~s b~ tlae overl~n~e~~t
under this pa~iag~•aph at~d shall pay all such costs ~z~ accordance ~~rltl7 Article Z~.D, of this
Agreement.
F. If the Covez~n~x~e~lt and a nat~R~e~le~ al ~t~te~•est e~lter Into a ~1•a~ eet Pay t~~erla~p
AgreelY~ent fazi c~anjructior~ of tie ~~ojcc~, or a sepa~iable elen~e~~t tlie~=eoi, the
ove~`~l~~lent, Itl ~C~~~`da~ace with the prO~~~Sxans of this paragraph, shall ~nelude the
a~~lount of ~o~fd~ c~~sr'g~t cans in total project costs for the ~~'a~ec~, ar separable ele~x~e~lt
thereof, Further, tl~e o~ret`r~trlent, in accardat~ce with the pr~o~~isior~s of t~~is pa~'ag~iapl~,
sl~al~ afford credit toward tl~e t~or~~Fedcral i~~ter•et' share of total project costs for tl~e
~roj~c~, or separal~lc ele~~~ex~t tlxereof~ for' the No~~-Federal por~sor's con~r`ibutions
to~~~ar`~l ~o~cr~ r~er~~i~r~~ cos~~~~ ur~dcr this Agreeti~ent~
l . rf the o~er'rlr~~ent ar~d a nox~~Fe~ler`al interest er~tel` ir~ta ~ ~'~io jeet
P~~~•t~~ership Agreement for co~~t~~uctior~ of the entire ~'~•r~ jec~, tl~e a~rer`r~r~lcr]t shall
rr~clude the at~~out~t of ~r~~c~~ ~~e~~~~r costs its total project costs for tl~e .,"o, jec~~. Fuz'tl~er', the
Co~er'~~~~~e~xt shall afford credit toward tl~e ~~on-Federal it~terest's share of total pria jeet
costs for the No~~~Federal por~sar's ca~~tri~i~tions toward ~~~~c~~ c~c~~r~r ca~s~~r~~, including
ar~y excess arl~our~t deterr7~ir~ed irl accardar~~e ~~ritl~ Article I~,.~, ar Ar;title I'~.D~3.h, of
this Agree~ncr~t that was rlat refunded ar reil~~b~~rsed by tl~e overnr~lent,
Zftlte o~ernrr~en~ and a 1~o~~~Feder`al irrter'et et~ter into ~ P~ioject
P~~~•t~~ersl~ip Agree~~net~t for constr'uctian of a separ'a171e ele~~~er~t of tl~e ~'~~ajec~, tl~e
ave~•r~n~e~~t shall detet•t~~i~~e the por`tiarl of ~a~c~~ c~el~r~r cos~~s~ that arc allocable to such
sepa~~able elei~lcnt at~d include such arnour~t itt total project costs for such separable
elen~ent. Further, t~~e Co~ernrllent shall deter•t~~ine tl~e an~ount ofthe Nan-Federal
pot~sar's co~~tributian toward ~o~c~~ dcsi~~ cos~~~~, rncludtng any excess amo~u~~t
determir~ed in accordance with Article I~.~,~, or Article l~'~~.,b, of this Ag~•eer~ent that
was not refunded or rein~bur'sed by tl~e o~ernrnent, that are allocable or attr'~butable to
such separable ele~ne~~t a~~d shall afford credit far such ar~~ount toward the non~Federal interest's s~~ar+e of total project costs of such separ•ablo element.
3. Yftl~e overnrnent ar~d ~ non~Federal interest do not enter` rota a Pra~ect
Partr~ersl~ip Agr~een~ent fog;construction of the ~'~~ajec~ ar a se~a~•able elen~ei~t t~aereof, the
avcrnt~ent shall not be obligated to refund or rei~~b~rrse the Non~Federal Sponsor', rn
whole or in part, far the Notx~Feder'al pansor's ~ percent contt•ib~ution of ~o~a~ c~~~~Tr~r~r
a~~T~~~, Further, refund orF r+eirnbu~~sen~erxt by the Coverrlr~~erit for any excess a~t~au~t
deter'nlrrled trl accar`dancc with A~'ticle 1V.,~. ar At~ticle I~~D..b, of this Agree~~~et~t is
subject to the a~farlabilrty of funds.
Notwithstanding any atl~er provision of Article II.~. of this Agr'ee~r~cr3t,
a~~y amount credited far tlae value of the Non-~'ede~'al Spar~sor''s contributions toward
~o~c~~ c~e~s~r'~~ cnr~~~,s' pra~rded In acco~'da~ice ~~rrth Articles III and VII oftl~is Agree~ne~~t
shall xxot be applied toward the 5 percent cash share r~equir'ed by section i ~~~a~~ 1 }~A} of
tl~e watet~ Resources l~eveloprnent Act of 198, public La~v as a~~~ended {~3
U.~, 21~~~~i~~A}~•
. This Ag~•ee~nent shall not be catistz~ued as obligat~xxg eitl~er~ party to seek funds
or" to pal`~1Clpate rrl, const~•uct~o~~ or` rr~~plemelltatlor~ Of tine ~'~'o jet or` a separable
clement the~•eof o~; as ~'elie~ing tl~e Nar~~Fecle~~al Sponsor of ar~y future ol~ligatiarl ~rnder
tl~e terms of any Project Pa~~tt~ez~sl~ip Agreement,
6
.~.TICLE III y DEI~ ~~DINATZ~N TEAS
A, To pro~~ide fot~ consiste~~t ar~d effective co~~~tal~rtlieatioil, tale Nan~Federa~ ponsar
a~~d tale ~o~re~'rlrnerlt, rlo~ ~atcr~ til~t~ 3o ca~e~~dat' days aver the effecti~re date of this
Ag~`ee~~~ent, s~aa~l appoint rlat~~ed senior represe~~tatives to ~ Design oorditlatiarl Te~~~x~,
T~xereafter, the Design aord~~latton Team s~ral~ Il~eet regularly u~ltri the e~~d of the pe~'roc~ o~
r~esr~t. The o~~crntlle~lt's Project ll~atlager and a co~~~~terpal`t ~~at~~ed by tale ~Io~l-Fede~~a~
Sponsor' s~~ali co-chair' file Design oordltlatrorl Teatll
T~~e a~ferrlment's Project Il~at~aer' arld the Norl-Fcdera~ ~~a~lar's ca~~taterpart
s~la~l kcci~ tine Desig~~ oar~~~inatiarl Tea~~~ ~I~forrl~ed of ~~~e prot'ess of design atld off'
s~~~i~'ICa~~t ~~et~di~~g issues and actions, and s~rali seek the vie~~s ofthe Dcsigtl aordir~atiotl
Tea~t~ oar r~~atters t~~at t~~e Deslgtl oordrnatrat~ Teanl generally o~~crsces.
. Utatil t~~e erld oftlle~~~~•r~c~ a~de.~~~~~, tl~e Design oor~dinatioll Tearn slrall
e~~e1`ally oversee tl~e ~'~Fojc~, includi~~g r~~atters t'elatcd to; design; c01~]p~eti~Y~ of aid
necessary et~~ir`onn~ental coat'dtnatiat~ ctlld docurnerltatl0n; sc~ledu~in of 1'eparts c3nd ~~ark
p~'oducts; p~at~s clad speeif-tcatiorls; real prapea~ty and relacatton re~u~rel~~ents for
~Onstt~l~tl0n bft~]~ ~~'afGC~; design cot~t~`act a~~at'ds end I~~odlfrcatlolls; desrgrl contl~act Costs;
the ove~`nt~~e~~t's Cast pro~ectrorls; aI]tlcipated regtrrr`enaer~ts arld needed capabtittles fat`
perfarl~~arrce of ope~'atioY~, rl~airltena~~ce,1'epai~', rellahilitatiorl, and replacerl~e~rt of tl~e ~'~'a,~ea~ i~~cluding issuance ofper~nits; ar~d other' natters related to t~~e P~•ojec~.
This
oversi~tt of the ~'~'ojec~ shall be consistent ~~rith a project I~arlael~~ent plan developed by
the Coverru~lent aver collsultatlon ~tth txe ~o~1~Federa porlsar`,
D. The Design oordttlatron Tea1~~ ~~lay rl~al~e t'ecotllr~lendatlons to the District
E~~gltreer b1~ I~~~ttCl's 1`elated to the ~l•aJ~'C~ the Deslgn oaldlnatlo~a Teatl~ gene~'a~~y
oversees, ir~cludil~g suggestions to avoid potential sources ofdispute. The over~~~nent irl
good faith sllal~ Car]sidel` t~~e 1'eCOt~lmendatlons of the Des1g~~ oordt~~atlon T`earrl. The
overnrnent, havitlg the ~ega~ authority and respor~slbiltty fog' design of t1~e ~~•ojecl, has tae
dtscretrorl to accept or r`e~ect, In ~vllole or In pal-t, the Deslgl~ oor'dttlatron TC~I~.1's
r reCO1x~1~~en atrons,
E, T~~e NonRh`ederal Sponsor's costs ofpartlclpattor~ rn the Destgtl ~oot'dinatiat~
Teanl sllall he included 11~ ~o~c11 dc~~~'r'~~ cas~~ at~d shaped in accardattce with the provis~olls
Of t~~IS ~r'Cer11el]t~ lt~] J~C~ tD ~1~ ~~C~1~ Itl ~~~DI`C~~~Ca ~~~th ~I"tlal~ ~II.~. Of t~II
Agreel~elat to ~ieter'~x~it~e reasonableness, allocability, arld alla~~tabi~ity of suc~a costs. The
~o~et`frtncrlt's costs ofpart~clpatto~ IIl t~~e Design oordlnatron Teazn sllall b lnclu~~ed
i~x ~a~a~ ~~es'r'~~~r aas~s ar~d share~~ irl accordal~ce ~~itll tl~e p1`o~isiorls of this Mgr eetrletlt.
ATILE ITT W 1~ETI~~D I'A,~ENT
7
A, In accor•dar~ce ~~ith tl~e provisia~~s of this paragraph, tl~e o~rer~n~~~et~t shall
ruaintairz c~~rr"er~t records and pr•o~ide to tl~e Non~Fcderal Sponsor curs"et~t projections of
Casts, firla~~c~al obllgatlar~s, aid tae corltributiarrs provided by the parties.
I ~ As tl~e effeCtrve date of tl~rs Agx"eement, ~o~ct~ ~~ers~~~rr ca~s~~sT aria
projected to be ~ 5,43; t~~e Norz-Federal ponsor`'s cot~tr•rhutrorl of ~urids r•quir'ed by
Ar•~ic~e IZ..1, o`this Aree~Y~ez~t is projected to be 115,~5~ the ~~to~r~~'~c~~r•c~~
~~r"o~~o~"~ro~rc~~~ s1r~~~~e is pr`ajected to be 2~.Ipcr`cer~t; and tl~e o~rerr~r7le~~t's total fi~~a~1cia1
obligations to ba incurred to include ~~e~~e~*~~~~~~r~s in tl~e design of t1~e ~'~~oje~y~ arld tl~e Norl~
Federal Sponsor's corrtributior~ of funds for sucl~ costs required by Ar"title IZ.I~. of tl~is
Agraeri~en~ are projected to be 4~ These ~~~~~aunts acid percentage ar•e estiti~ates subject to
adjustrYierit by the o~ernr~~ent, aver` consu~tatiari ~~it1i tl~e Nar~~Fecier"aI Spo~~or, acid a~•e
not to be Constr"ued tl~e total fiiiancial resparisibilities of the ~ovex"r7rY~ent ar~d the Non,
Fede1"ai Sporisai`~
By Apz"i1 I, 2014 a~~d by eacli quarterly anniversary thereofutitil the
caricl~~siori of the pe~•~~c~ o f c~el~"ig~r acid ~•eso~~~trori of a~1 i"ele~Fant clai~x~s and appeals, the
overriri~ent sliail pr•o~ide tine Non~Feder•al Sponsar• ~~itli a report setting forth all
coritributians provided to date and the cup;rent projections of the fo~~o~~tng; ~a~~~~ ~~si~~
cr~~"~~s"~ the Non~Federal Spor~or•'s total co~~t~"~bution of funds required ~y Article I~,B. i . of
tlils Agreement; file rror~~'ec~e~•u~~~r•opo~•~iortu~e ~~11rar•~; at~d t~~a o~err~mallt's total finaricrai ablrgatians to be ~ricurred to include be~~et•r~~er~~t~~ in the design of the
~~~~o jec~ az~d
tie Nori~Federal ~ansor's conti`ihutior~ offitnds for sucii hosts ~•equir"ed by Article I~.1~.
of this Agreement.
B, The Nan-Federal Sponsor sha~1 provide t~~e contribution of funds iequii"ed
Article II,B, l , of tills Aree~l~en~ rn accorda~~ce v~itl~ the pr•o~isions of tills pay"agraph.
I , Not less than 0 calendar days prior to tie sclieduied date fo~• issuance
ofthe solicitatio~i for tha first coz~tract for desig~x of the ~'~•ojc~ oi• co~~rne~icen~ez~t of
deli t~ ofthe fro using tlYe aver"r~nlent's o~~n faeces, t~~e ovar•n~~aent shall notify g ~
thaHon-Federal Sponsor in ~~eiting of such scheduled data and the funds the overtiri~ent
deterrrrines to be requi~•ed fi"orn the Noax~l~ederal Sponsor to i~~eet; ~a} the f~ro~~-~~~d~~~a~
~a~•n~~r~~~~i~r~c~~ s~rc~~•e a~tt~~rtcr`c~~ o~~r`gcr~r~r~s~~or~ ~~~~r~t rricurr`ed prior to file
co~~~~xxe~~ceziient of tlie~e~•ioc~ of c~e~~"i~r; ~b~ tl~e projected ~~a~t~~`ec~e~Rcr~ ~~~r~p~r"~r'~~~c~~
s~Ir~~t•e o~ f i~~~~~tz~ic~~ ab~f~~~~o~rs• f or• ~~e~s}i~z to be it~cur`r~ed far• such contract; and ~c} t~xe
i`a'ected rro~r-~'~c~~~"~~~ ~•o~~o~•~ro~rc~~e s1~~~r~e of ~~rr~r~ctu~ o~~~ga~ior~~~"~~or• des~g~~ using t~~e p~
overritr~ent's o~~vr~ forces tlxrougli the fi•st4 f ~,scc~~ ~~~c~~~. fat late~• tl~a~~ suc~l scl~eduled
date, floe No~x-Fedeza1 Spoi~sar sl~all provide file Cover"ni~~e~~t ~vitli the full art~ount of sucl~
required funds by delivering check payable to "FAQ, I1Al~D, Seattle USAF Dist"ict"
to the District Enginee~•, ot+ ~rerrf~~ng to the satrsfaet~oxl off` the over"nti~ent that tl~e NonR
Federal ponso~• has deposited sucl~ required fut~ds ire ate escrow or` other account
acceptable to the ove~•nx~~ezit, ~~ith interest accruing to tlieHon-Federal Sponsor, on by
pr`escnting the oyez"~an~ent with a~~ i~`revocabie letter of credit ac~:eptable to the
o~~e~•n~r~e~~t for• such r•equi~•ed f~~rids, or providing an ~iectronic Funds Transfer of
sucl~ required funds in accordance ~~itl~ procedures established by file o~~e~`nr7lent.
Tllereafte~', u~~til tl~e design of tlic ~'r~~~j~~~~ is coi~~l~~ete, tl~e o~~er~~tY~ent
sl~a~~ ~~otify the Not~~l~edet•~I po~~so~' in ~~~ritirlg oftl~c fu~~tis tl~e o~er~~~~~e~lt dcter~~~i~~es
to lie r'eq~~ired fra~~~ the No~~-Feder~i panso~•, ar~d the Non-p`ederal ponso~; shall p~•o~ide
sucl~ funds its accarclance ~~it~~ t~xe ~~"a~l~lo~~s of t~~~~ ~~a~~ara~~l~.
Tl~e o~e~'~~~~~ent shall ~~atify t~~e Non~Feder~~~ pot~sor i~~
~~riti~ig, tlo later than 0 cale~~dat• days p~iio~• to tl~e scheduled plate fay' issua~~ce of the
solicitation for each rcn~a~~~lt~g co~~tl'act far design of the ~'~`ojcc~, of the f~~ttd the
~ove~~~lr~~ent determines to be required fro~~~ the Non-Federal pa~~or to ~~aeet tl~e
projected r~c~rt-~'er~~~~~~~~~o~~of'~r`orr~r~e of fit~rrr~rcrc~~ o~~~icr~~~rt~s~Lfr~r~ c~cs~rr to he
i~~cur~'ed fo~~ sucl~ contract, No later tl~ar~ sucl~ scheduled date, tlae Non~Federa~ ponsoi•
shall ~~~a~e tl~e fill a~~~au~~t of sucl~ ~'equired fu~ids availahie to tl~o ove~-nt7~ent tilra~~gll
at~y of tl~e pay~nent ~~~eahan~st~~s specified in pa~'agraph B. l . of taxis Article,
b, The o~fer~~~Y~ent sl~all notify tl~e Non~p`ederal pot~sor in
v~~'iti~~g, ~~o later tl~a~~ C~~ cale~~dar days prior to tl~e bcginnin of eacll~ f~~iec~~l~~ec~r~ i~~ ~~17ic~x
the ~o~ern~~~e~~t projects that it will ~~~akeY~~~r~~~~rc~~ o~~r~~~rorr~ c~~• ~~els~r'rr of tl~e ~'~•ojec~
using the o~er~~~~~ent's o~~n fo~~ce, of file funds the o~ernn~e~~t ~Icte~'mines to he
re~ui~;ed fron~ tl~e NanyFcdcral por~so~' to ~~leet t~~e projected tta~~-~'~~cr•a~ pt'o~a~~~~~~rra~e ~s~rc~~'e of f r~rc~rt~i~~~ o~~i~r~ro~rs o~~ ~~~~s~t~r u~ir~ th~c o~ernt~~ent' o~vn
forces ~'or that
f ~s~a~~rec~~', No ~ate~' thin ~0 ca~e~~dat• days p~•io~• to tl~e ~einni~~ of that~~sca~ yec~r~•, file
Non~~ede~•al Sponsor shall ~a~ae tie full amount of such rc~ui~'ed funds fo~• tl~t~ f ~~~~c~~~ ~ ,
~~e~~r' a~ai~ab~e to tl~e o~t~anaent through any of the payn~ont n7echa~its~~s spec~ficd In
pax~ag~'apl~ 1, f , of tl~is Article,
3. The ovcrn~~ent sl~ail drams from the finds p~'ovided by the No~~~
Federal ponsoa• such s~~rns as the o~vernt~lent deems necessar~r to coyer. ~a~ t~~e ~to~r~
~'eder•r~~~~•opo~~~~or~~~~e ~s~~~~rr~e of f ~tr~~~r~~~~~ o~Iir~~io~~{s•. f or• c~~~~r`tr incurred prior to t~~e
co~nmenccme~~t of tie ~•r"~c~ ~ f c~esr`rr; acid {h~ the ~ta~~-~e~~e~'a~ ~~~~o~p~r•~to~~a~e s1rc~~•e of
~~rc~rr~ra~ o~~~a~ror~ts4 f c~~~ d~ls~r~r as, f ~~ra~rc;i~~~ o~r'r~~r~r~ls~+ fo~• ~~esi~i a.~•e ~nc~~~•red, ~f at at~y
tit~~e tl~e ove~~nir~ent deter~~~ines that additiot~al funds be needed fron~ the Nan^
Federal Spotlsor to covet' the Non~Fede~}al Spox~sor's share of sucl~ fyinal~cia~ obligatio~~s
fo~• file currez~t contract or to coyer tl~e Non->~ederal pansar's sl~are of such ~t~ancial
obligations fot~ work perfar~ned using t~~e o~ernt~~ent's o~~~l fot~ces its the cu~•ret~t~frrs~c~~~I
~lrecrry, the ~o~e~•nt~~et~t s~~all ~~otify the Note-Federal S~~onar in ~vritit~g of tl~e additional
futads required and provide arl explanation of ley additio~~al -finds a~'e ~•equired~ ~Vit~xit~
Go calendar days from receil~t ofsucl~ ~~otic, tl~e NonWFede~•al Sponsor slla~~ pt,o~ide the
overnt~~cnt ~it~~ tl~e full at~~ount of sucl~ additional t'equired funds tl~rough any of tl~e
pa~t~~ent trtecl~an~st~~s spectfiecl In parat•apl~ ~ , of this Article.
Upon canc~usion of the ~e~'r'oc~ ~ f ds~~~ and t'esolutian of ~l~ ~~eievant c~aitx~s
acid appeals, tl~e Co~ernt~~cnt shall cotlduct a final accounting at~d fur~~~sl~ t~~e Not~-
F ederal Sponsor ~Fitl~ ~~~~`ittn notice of tl~e results of suclx f teal aceoutttit~g, If autstandi~~g
rele~Fatit claims at~d appeals pt'e~~ent a final accounting fi'otY~ being conducted itl a timely
~Y~annet', tl~e government sl~all conduct ate interim accounting and fut~~ish the Nan
2, T~xe o~~e~'r~r~~erlt }Iall dra~~t frar~l tale funds provided b~ the Nan-
Federal porlsor suc}~ su~l~s as tl~e overr~~~aerlt dens necessary to cavcr the
ove~~nza~ent's ftrla~r~clal abltatro~~s for` design of sucl~ ~~~~~~~'~tr~~~~~s~ ~ t}Ie~ az'e irlcur'red,
~f at ar~~ time t}ae overrltllent detrn~~rles that the Nan~Federal ~l~onsor' rllust pra~fi~~e
additional furlds to pair for' ~~esigrl of such ~~~~c~~'~t~~~~r~~}, the overrlnlerlt s}gall rlatify tale
Narl~Federal patlsar in wz'tt~r~g of the add~tlonal fu~Ids re~ui~'ed ar1~} pro~Fide art
expla~~atior~ of wl~~ additional fu~~~~s are r~eq~tit'ed, w~tllrtl calerlda~' dais fr'o~11 recei~~t
of ~~c11 notice, t}~e Norl~Fede~'a~ por~ar sha~~ pt'o~vide t~1e Covcr~a~~~erlt with t}~e fu~~ .
a~~~aurlt of suc}I addzt~onal re~uir'ed fu~xds t}l~'oug~l arly of the payr~lerlt 111ec11~n1slYls
specified. in pararap~~ , l , of this Article.
, At t~~e tizlle t}le a~rerrlrller~t conducts t1~e ~rlteritll ar f~~~al accounting,
as applicable, tllc Co~ern~~~erlt shall co~~duct c1I1 accounting oftlle Ga~errlnlent's f~nar~cial
obligations to irlclud be~~er~~~~e~t~~i rr~ t}~e design of the ~'~~~je~~ and fi~rnis~~ the Nan
Federal parlsor ~vit~l writte~~ rlotice oftlle result of sue}~ accounting, if outtarlding
r'cle~arlt clairlls and appeals pre~rent a f irlal accountrrlg of des~grl of such e~~e~'~~re~~r~s frorll
being conducted iri a t1i~~e}~ rnanner, tt~e ~o~~er'~~~~ent s~lal} conduct art i~nteri~ll accounting
of design of such be~~e~•~}~re~~~,s~ and furnish the No~~-Federal potlsor wit}~ written notice of
the ~'esults of such interim accounting. once all outstanding ~'elewar~t clainls and appeals
a~'e x~esol~ed, the over~~n~erlt shall at~erld the ir~terinl accou~xting of design of such
~e~~e~•~~~er~~rs• to co~npicte the f~rlal accounting of design of such ~~~~~~'~r~e~rtr~~ and fut'rlisll
tl~e Non~Federal pansor with wrltten notice oftlle results of sue}~ ft~al accounting, Buell
i~atez~in~ oi' final accounti~xg, as applicable, shall deterrnine the o~ern~nent' total
fx~a~~cial obligations for design of sucl~ e~~e~'}~r~~~~~~ and the NonyFederal sponsor's
cont~•ibution of funds prav~decl thereto as of tl~o date of such accounting,
a. l~ould file i~ateriill ar final accounting, as applicable, slow tl~at
the total obligations for including be~~e~'~~~e~~~s in tl~e design of the ~'~•ojec~ exceed the total
contribution of finds provided by the Nox~-Federal pansor for design of sucl~
~e~~e~~t~re~~~s, tlae Non~Fedei'al sponsor, no later tha~~ 9D calendar dais after' receipt of
written notice frox~~ the avorn~~aerlt, shall ~~Iake a pa~tllent to the overnrrre~~t ail
arllount equal to the difference b~ delivering a check payable to "~'A~, ~.]~D, Seattle
UA.E District" to tlxe District ~t~g~rleer at' b~ pravid~ng a~x electronic Funds ~'ransfer in
accordaxxce with praccdu~'es established b~ t}I~ a'~eril~~~ent.
b~ hauld the iilteri~~a or final accounting, as applicable, show t}lot
tl~e total contribution offends pi'avided b~ tl~e Norl~Federal ponsar for including
~~~e~'~~ae~~~s itx the design oftlle ~~'ojec~ exceeds the total obligatiois for design afsucl~
e~~e~'~rre~r~~, the ovei'r1il~ent, subject to tlxe availabzlity of funds, shall rcf~nd the excess
aznau~~t to the Non~Fede~'al panso~' witllir~ a calendar dais oftlle date ofcoinp}etioil of
such accau~~ti~xg. In tl}e erre~~t t}Ie Non-Federal Sponsor is due a ~~efund and funds are Clot
a~ra~lable to ref~~ad the excess an~ouilt to tl~e Non-Federal Sponsor, tlxe Cavei~~t~~e~xt shall
seek such appropriations as are ilecesat'~ to make t}I~ refund, if such appropriations are
not received ~1, tftl~e Noil~~`ede~'al pansor ~~e~u~,sts t}lot the ~c~vernr~~ent I~o~ ~C~u~1d tl~e
excess amount to the Non~Federa} Sponsor, the Crovcrnri~crit shall apply tl~e excess
atnaunt toward the sl~a~'e of total project casts for tl~e ~P~~ojc~ that is ~~ec~uired of the non-
11
~'ecleral irrterest executirrg a I~ra~ect Pa~'t~rer's~rip A~'eeme~~t ax' agr'eerrre~~ts for the ~~'oje~~
separ`ab~e dement tl~ereof in aecarda~ree ~~rith Art~c~e of tlris Agt'e~~~ent.
AI~TI~ - DISPI~T~ RE~LUTI~N
As ~ carrditiarr precedezrt to a ~~arty bt'inging airy suit fay' breach aftiris
,~gree~~ae~~t, tl~at pa~`ty rrrust first rrotlfy the otl~er party ~~r v~r`Itrng o~tl~e rratur of the
pu~'pox`ted breaclr az~cl seek rn good faYth to resol~fe tyre drsp~zte t~rrioulr ~reatiatia~~. Iftl~e
par`tles cannot resolve the dispute tlat'oug~r rreottatiar~, tl~ey may agree to a n~utual~y
acceptable met~rad o~'trorr-binding altez'rrati~e dip~rte ~`ealution ~~itir ~ ~u~lif}ed tilir'd
party acceptable to botlr pa~'ties. Fae~~ party shall pay equal shar`c ofarxy costs for tl~e
servrces provided by such tlrird party as such costs are it~curr'e~~, The exztetrce af~
dispute shall rrat excuse tyre parties f~'o~xr perfax`tx~a~rce pu~'sua~rt to t~ris Agreement.
ARTI~~ ~lI-~ H~~D AND SASE
Subject to the provisions of Ax~icle VIII of t~ris Agt`eerrrent, the Non~~`ederal ~~ot~sar
slrall lrald acrd save the o~ernment free f~'orn all datrragcs aris~trg frar~r design aft~re
~~•oje~~ and any ~~~~et'~~~e~t~~~~~ except fog' darrrages d~~e to the fault or negligence of the
o~ernrnent Ol' tts CO~rtI'a~or's,
AI~TrL~ ~lI - AINT~NAN F R~~DS AND A.UD~T
A, Not later than ~0 calendar da~ aver tl~e effective date ofthis Agreement, the
~ove~'n~~retrt and the Non-Federal porrsor shall develop procedures for keeping books, records, docuz~~ents, ar' other evidence per~alnirrg to casts and expenses incur~'ed pursuant to
tlris Ag~`eex~aent~ Tlrese procedures slra~l incorporate, and apply as appropriate, the sta~rdards
for` firrancial ~at~agernent systems set fort~~ ~t~ the []ntforrn Adnrinistt'atlve Requit'errrentsfor
Cra~rts acrd ooperat~ve Agr~ee~rrents to State a~~d Local Caver`~rnrents at ~F.~ Sectlotr
3~~~a, Tire over~~n~ent and the Non~Federal po~rsor sl~all ~~~arntarn sucl~ books, recox'ds,
docu~~~er~ts, or' atlrer evide~~ce in accordance with tlaese procedures and for a ~~~inirnurrr of
three years ~e~' completion o~'tlre accourrting for ~vl~lc~r s~xc~r boobs, records, docurr~ents, or'
other evidence ~e~'e ~'aluir`ed. To tyre extent pe~•rrritted urrder applicable Federal 1<~~s and
~'eguiatiorrs, the Cove~'~~~~~errt and tl~e Non-Federal Sponsor slxall eaclr allo~v tyre otlrer to
inspect suclr books, reco~'ds, dacun~e~ats, o~~ other evidence.
B, Irr accordance ~~rith .F,R, Sectio~~ 33.~~, tl~e No~r~Federal Sponsor is
respotrsible far cotrrplying ~tlr the dingle Audit Act Arne~~d~r~ent of 1 9 X31 ~J,S.. ~a ~ -
75~7~, as rrrrplerrre~~ted by Bice of Manage~~~ent a~~~l ~~dget ~~~I~} ~rcuiar NaF A~-~ ~
and Depa~~tn~ent of De~'ense Directive 7aa. t a. ]pan request of tyre Non-Fede~'al Sponsor
a~xd t~ the extent permitted undez' applicable Federal la~~r and r`egulatio~~, the overt~xnent
slrall ~~#o~icle to tl~e Non-Fedez'al Sponsor ax~cl rndepe~rdent auditor's arl~ i~~fo~'~~aation
necessary to enable aIr audit of the Non~Federal Sponsor's acti~fities utrde~' tlris Agr•ee~r~ent.
~T~~e casts of a~~~ non-~'edera~ a~~dits Perfal`r~~ed in aceardance ~viti~ ti~is pa~'ag~'aPh si~ai~ be
allocated i~~ accordance ~vit~~ t~xe rovisians of NIB il'culars A-87 and A-1 ~3, ar~d suci~
casts arc allocated to the ~'r•ojec~ shall be inc~~t€ded ire ~c~~c~~ ~~c~sr'jr cols~ts and s~~ared il~
accardancc ~vitl~ tl~e l~ravislons oftl~ts Ag~'eerYlent~
~r~ accordance ~~~itl~ 3 l U~,. X503, the over`lll~~e~~t ~~~a~r co~~duct uclrts In
addition to audit tl~at the Nor~~I;`ederal Pox~sor` is required to caa~d~~ct under t~~e irlgle
A~r~lit Act Ar~~e~~d~~~e~~ts of 199, A~~~ such Cavel'nl~~ent audits sl~all be conducted ~~a
aCCal'darlce ~~'Itl~ averx~n~er~t Alydlt~~~g tat~dards ar~Cl t~le cast Prlt]C1I]l~S 1~1 ~IVIB Ir~ll~al'
Na, A-~7 and other a~~~~~icable cost prir~cil~les aid z'eulatio~~s, The costs of overnrl~ent
audits Pet'fal~ncd in accor'da~~ce ~~ith tl~is Pa~'agraPl~ s1~a11 be included i~~ ~n~c~~ c~~x~~~r'gj~ ca~s~~~~
and sl~arcd ire accordance ~vitl~ the provisia~~s of tl~is Agreement,
ARTZ~~E ~TIII y ~~DP~I~AL A.ND TAT~E LA
Ire the exercise o~'tl~e~~' respective rights ar~d obligations under tl~i Agreelnel~t, tl~e
Norl~Federal sponsor and t~~e Covel'n~~~ent sl~all co~~~Ply ~vith ail app~icab~ Pederai a~~d _
state la~vs at~d 1'egulations, i~~cluding, but ~~ot li~~~ite~l to: ect~on ~~l aft~~e lvrl I~lghts
Act of i 9~, Public La~v 88~35~ ~4 U,.~ ~ODOd~ and I)ea~~znent of ~eferlse Dil`ective
~54~, I I issued Pursuant t~~e~+eto and Al'~r~y Reu~atian ~0~-7, entitled "Nandlscrr~~llnat~on
an tl~e Basis of HarldieaP in Praran~s and Act~v~t~es Assisted ar conducted b~ the
DcPat~tt~cnt of the Ar~~~".
AR'~ZLE I - ~LATI~N~IIP ~F PAR~IE
A. ~n tl~e exercise oftl~e~r respective tights and obligations u~~der tl~is Agrecr1lent,
the Co~~ern~~~ent and the NonRl~'ederal ~pansol' each act in an ir~dePe~~dent caPacit~, and
neither is to be considered the o~`tcer, agent, or empla~ee of the at~~e~'.
B~ In the exercise ofits 1'~g~~ts arld o~ltgatrons u~~der tl~is Agr'eetnent, neit~7er Panty
sl~ail P~'ovlde, V~~thout tl~e consent ofthe othel' l~ar~t~, all Ca~xta~actar tt~l ~ 1'~lease that
~raives a~' Pul`ports to ~vaive ar~y rights t~~e other Pa~~y r~la~r have to seep re~~efor redress
agai~~st that cont~`ctor either Pursuant to a~~~ cause of actia~~ that the other part~r ~~~y Dave or
for violation of any la~v,
AI~'~IL~ ~ ~ T~R~NAT`7~N ~R UPENIDN
A, Ifat any ti~xle the Nan-~`ederal sponsor fails to fulfil its abl~gations udder tlx~
Ar'eer~~ent, the Assistant Secretor*~ of the Army ~~vil arl~s} shall tel~~~i~~ate this
Agreernnt or' suspend future perfa~`z~lartce under' this Aree~x~er~t ~n~es lie dcter'nli~~e that
Cantinu~ti0n of dcsrgn of tl~e ~'ojec~ is lZ] the lrlte~*ct of the noted states oa' is necessary ~n
o~'der to satisfy ~rree~x~er~ts ~vit~~ at~~ other non-federal interests in canrlec~tion ~vi~l~ tl~e
~°~4~,~ec~.
l
Ill the e~~ent t~~e averrllne~~t ~~"~~J~~tS tlrat tale al~~ullt of Federal fu11dS t~r~
OV~rlllll~lr~ ~vlll brake avallable to the ~~'o~J~G'~ through the ti~en~curr•ent~ f r,s~~~~ ~~e~~~~, ai` t~~e
ar~~aulrt of Fec~el•al fulyds t~~e oVel`lrllrl~t wll~ lr~ake available for t~~e ~~~o jec~ t~rroulr ~~re
upca~~~i~~~~'c~~~~~ec~~', 1S r10t suffclent to lll~et Fedel•a~ slrar`e of~o~c~~ c~e~~rg~~ ~olsf~l~~ that
t~~e hover*lrlr~elrt p~•a~ects to be inclr~"~`ed tlrrauglr t~~e thel~Rcurrellt ol` upcalrlilrg~ f~~Tcc~~~t~~c~~',
a applicable, talc ovelz~n~elr~ shali notify fire Non~F`ederal pollsar il~ writing of suc~~
. ilrsuf~cierrcy of f~xrrds alyd of tyre date tyre Coverrrrlrent pra~eets t~~at fire Federal fr.~rlds first
will have l~eel~ llrade available to file ~'~`ojecf ~vill be e~~rausted. U~~alr fire exl~a~~stiorr of
l~'eder~ll fu~~cl ~~~ade available bar the avel•nl~~ent to fire ~'}Rc~~ec~, fut~~re perfarn~alace
1.~~~der` this Al'eex~~e~xt shall be suspelyded. Sucl~ ~llspeniorr shall liel~~allr 111 affect uirtil
Sll~h t111r~ t~lat t~~e Vovertrlrrcnt ~lOtl~'les file ~Or~~l~e~leral SporlQr` In tivrltilrg t~r~t Suff~Clerrt
Federal fulyds are available to lrleet tyre Feder`ai s~~ar'e of ~o~~~~ d~l~r~z co~~~t~~~ tlrc
Covarnlrrent ~~1`o~ects to be ilrcurred t~rro~uglr the t~~en~current or' upco~~~illgL~s~cr~~~~e~~~', or
fire ovel-lrlnent O1' tyre Non-Federal sponsor elects to tel`l~~i~rate this A,l•eerrrent.
In file event fire ave~~l~~ent deter`lr~~x~es that t~~odlflaatlans to tl~e ~1"ojec~ are
. requilied slid that additioxral autlrori~atian by angress will be required befar"e the
~aver`r]trlerrt ll~ay ~OrlStr~~C~ suc~i ~]~ad~flatlons, t~re a~ern~~rent Shall ~~atlfy tl~e Non
Federal Sponsor in w~`itillg of sucl~ deterrrrination and s~~all terrrrllrate tlriS Agree~~ent.
D. Irr the eve~~t first this Agreement is tert~~inated pursuant to tl~is Article, both
partiaS shall C~1~C~ude tlxeir activities ~'elatir~g to the ~'~•ojec~ and conduct air accounting in
accal.'dance with A~`ticle I~,~. ofthi Agreerr~ent. ~'o provide falA this eventuality, fire
Covel-nment ~r~ay reserve a per+centage oftotal ~ed~ral f~~xd made mailable fog"the
~'~'ojc~ and air equal percentage of the fatal funds contt`ihuted by the Nan~Federal
polrsor ire accordance with Article II,B,1 ~ of this Agreen~ent aS a contingency to pay
casts of tei~lriinatiat~, including any costs ofreSOlution of contract claims and coz~tract 11~1od1frCatlarr5,
E, Arry terr~lination of this A~`ee~~aelrt ar supensfon of future pe~•far~llanee uncie~•
tl~is A,greenrent in accar`dance with this A.r-ticle shall prat relie~Te the parties of lrabrllty ~'a~`
ar~y obligatialr previausiy il~curred. Any deli~rquerrt payrrlerlt o~ved by tl~e ~oxx-Federal
Sponsor lull be clraled interest at a rate, to be deterl~~ilxecl by the Secretal`y of fire
TreaSUr`y, equal to l5a l~e~' centu~rr oftlxe average band equivalent rate ofthe l3 ~vee~
~'~•eaury bills auct~ol~ecl ttrxlnedrately prior to the date on wl~icl~ such pay~rrelrt becat~~e
del~nque~rt, or auctioned ilrl~~~ediately prior` to the begirrnirrg of each add~t~onal 3111orlth
pel`iod iftl~e ~~e~'~acl ofdelrlrque~~cy exceeds ~~~olrths.
AI~TILE ~l - N~~I~ES
Airy lratice} request, deirrarld, or other co~rrlrlunicatioxx z`equired o~' 1~el~rritted to be
givelr undo" this Agreezrlent shall e cleellred to lava bee~~ duly given if ilr writing and
delivered pe~~sollally or sent by teZegranr or xxraild by ~lrst~class, ~+egistered, o~` cei~ti~led nail,
as fallow:
l~
If to the ova-~`edcra~ S~aot~sor;
Director, I'latltain, Buiid~~ag Co~aa~~aut~lty Deal~xa~ent
City ofAuburrl
~5 'hest lit Street
Aubur~a, A. ~5~~ I
zft~~ tlae Cove~~~lt~ae~~t~
C~~ief, l'la~~t~ing Brazach, PI~I~
eattl ~ ~ strict, Co~•ps of ~ngi veers
I~,~. 355
catt~c, ~ S I ~4~375
B, A I~arty ~~~ay cl~ange the address to ~vl~~ch such cotaatnuntcataanscrc to be
directed gl~r~ng ~~ritten ~~otice to th.e otl~cr ~a~•ty i~l tl~e taa~~aner provide~l ita t~~is Article.
And notice, request, dc~na~Xd, or otlae~• co~nt~lul~l~~tiotl made pursuant to tla~
Article shall be deemed to lave been ~•eceived b~ t~~e addressee at the earlier of sucla tune as
it is act~xally received oa• ser~e~l calenda~• days a~ez• it is nailed.
ARTICLE III ~ CDN~'1DNTIA>~,1TY
To tl~e extent e~•naxtted by tlae la~vs over"nln each pax~y, the pa~~~es a~rec to
~aaaititai~~ the confidentiality of exclaan~ed infor•~aaatian ~vhcn requested to do so h~ the
p~•ov~din party
A,lT1CLE VIII - BLIATI~ ~~JT[~RE APP~~~RIAT~N
~otlli~a laerein sl~a~l constitute, ~ao~• be dee~aaed to co~astitute, an obligation of
futu~~e a~~prop~~iations by tl~e City Cour~cil of tlae City of Aub~lr~l, ~~lae~•e creating sucl~ a~~
obliatio~~ 4~rould be inco~asite~~t ~itla Title ~ of tlae Auburn City Code.
B. Tlae No~a~l~ederal sponsor lntcnds to gulf 11 its obl~gat~or~ u~~der tla~s
,~~reez~let~t. Tl~c Nota,~`ederal lao~~sor shall include in its budget ~~e~uest or otllerw~e
pt•ol~ose appropriations of funds in ataaouzats s~~ffic~e~lt to fialfill these obligations fo~• t~aat
year, and slaall use all reasonable and ~a~vful means to secure those appro~~+iat~ox~s. The
No~x-federal ponsox~ xeasanably believes that fu~ids in a~aaou~~ts suffc~e~lt to fu~fll tl~esc
obliatio~as la~vfully ca~a a~ad v~ill lac apl~~+opriated and made available for tlais p~~rpose. lza
tl~e event funds a~•e not approp~;gated in a~iao~~tats s~~fficient to ful#iIl tl~ese ol~liat~ons, the
l~on~l~'ede~~al ponsot• steal ~ use its best efforts to satisfy any ~•e~uirenaents fox• pay~.nents o~~
contributions of funds under this ~grcment fzion~ any othe~• source of fu~ads legally
~.vailable foz• tlais purpose. Fu~•tllei•, if tlae Non~l~ ede~~al Sponsor ~s unable to fulfill these
l5
obligatio~~, t~~e Co~~e~'~~~ilel~t l~la~ e~e~•ei~e ~11~ legal ~'igl~ts it llas to pl'~tect tl~e
: C~o~ve~'~~1nellt'S ~~~te~'est ~'elatecl to t111S A~'ee~~le~lt~
I ITNE H~RH~~', the ~at~tie l~e~'eta lla~~e executed tllis Areell~ellt, ~~~l~iell
s~~all beeo~~~e e~'l'ectl~e ~~~ot~ the date it z 5~glleCl b~ tl~e Di~t~ict Er~g~~~ee~~~
DI~PARTNIENT 0~ THIS AY CITY AUB~JRN
~ ~ ]
~ntl~o~~~ 1'lht Peter ~,e~~vl
colonel, o~~p of ~llgilleers 1Vla~ar
l~i~tx~iet H~~gil~ee~'
I~~TH: ~ DA~TI~:
l
~r~TZI~~ATE AU`1~~~~1~I~~'
, clo lrereb~r certify ghat ~ at~~ tl~e p~~iz~cipal legal o~~~cer of tl~e its oAub~t•~~, t~~at t~~e lty ofAubur~~ i~ a legally constit~~ted ~~rrblic body ~vitl~ f~~~
autlrorit ar~d legal ea~~a~ility to Pe~'for~~~ the terr~~ of tl~e A.t'eet~lerlt bet~~eexr the
l~e~a~~mr}t of the Arr7~y ar~d ~lre pity of Aul~~xr~l i~ cor~nectiot~ ~v~tlr design of tl~e
Du~~arnrsl~IN~rll Gr'eel~ ~Vetlarr~l SK Eeayste~~~ Restoration Project, a~~d to ~~ay ~iat~~ae, if
necessary, in tl~e eve~~t oftlle failure to per~for't~~ i~ accordance ~vrtl~ tl~e ter~ir~ of this
~greerrle~~t atad that tyre pe~'ot~s ~vllo lravc eXCCUted tl~ls ~~l'eernent o~~ bel~atf of tl~e pity of
~ubur'r~ have acted ~~t~~17 tlle~l' Sta.tUtor'y ~~tl]or'~t~.
rN 1TN~ frl I have trade a~~d executed tl~i~ cer-tif catio~~ this
day of 20
Dare Reid
pity ,~tto1~ne~r, t~ of ~.uburn
1?
ERT~FI~ATI~N ~A~I~IN L~BBYIi~
The 1~I1dQrsiglleC~ ce~-ti~'ies, to t~~e best of Isis of Iaer 1C~~0~~Flede and belief tl~at~
~ I } ~o Fede~•al appropriated fu~lcls have beell paid o~` ~~~ill b~ paid, or 011 bel~alf
of tll~ u11d~rSigll~d, to ally pQrsotl fay' ~~1f~Iue~1Clllg atte~~lpti~xg to influel~ce an offi~c~' or
ez~al~loyee a~' any agetley, a e~r~be~` of O~lr~s5, ate af~ce~' ~1' e~~aplo~ree of o~lgress, o~`
an employee of a ~Ie~~~bex` of ~llgl`GSS X11 eolltlectiol~ ~v~tl~ tl7e a~vardir~g off' ~~~y Federal
colltract, tl~e ~llaki~lg of any Federal grant, the ll~al~ing of qtly Fedel'al loan, t}» ez~tex•i~~g
~Il~o c1lly CQape~'~tl~'~ agl'C~lll~n~, alld the ~Xt~I1Slo~1, Go~~tlnuat10~1, relle~~al, a~~~e~~d~~~er~t,
ar n~odifieatio~~ ally Federal eolltract, gra~lt, Ioall, or cooperative agreel~lellt,
1~ a~~y fullds otllel• tllall Fede1'aI appl'opl'~atecl fullCl Ila~e beell pall or ~ll~
pazd to any perox~ for lllflue~~cing or at~~111p~lllg to 111.f~ue11C~ atl afflcel` or etnl~lo~ee of
a~~y agency, a Member of otlgress, all officer ol` elY~ployee of ol~gress, of an e~l~~~loyee
~I~111~~1' of a~lgl'ess lIl ~Q1111ect1Q11 VLrltll tl~ls Fedcl`al COlltl'aCt, gl'atlt, Ioatl, ol` -
cool~erative agreement, the ullClersigned sllall Coll~plete and subn~it standard Forlll~~~~,
"disclosure Fa~'n~ to Rcpol`t Lobb~l~lg~" in accol`dancc ~~lth its lnstl~uc~lalls,
Tlxe undersigrled shall require tllat the language of tl~ls ccrtlficatiol~ be
~nctuded I~1 tl~e a~~rard docut~le~lts for slll]a~~al+ds at all tl~rs ~111~ludltlg subco~ltracts,
suhgrallts, a~~d contracts under' rallts, Iaa~ls, and coopera.ti~e agl'eelnents} al~d that all
subrccipients laall cel•tify and disclose accordingly.
This ce~'tification is a nlaterial ~'epl'esentatlon of fact upon ~~'hlell rellancc ~~a
placed ~rllen tl~is transaction eras ~nade al' ente~'ed lllta. Submission oftllis cert~f~cat~Otl 1S
a prerequisite for n~alCing of entering alto tll~s tz~ansaction il~~posed by 31 U. I ~
Any person ~rllo falls to fIe the ~•equ~red cel`tl~icatlotl sllall be subject to a cl~ll penalty of
not less th~~ I ~,0~0 a~ld not naaz~e tllan 100,00 far each sucll fa~lu~'e~
Peter B, Le~~as
~Vlayo~', pity off' Aubu~'x~
~ATI~:
IS
, do her~eh~r eer~tif~ that I am the Ftnanee ~ixeet~r of the its of
Auburn the "Non~Federai ~on~or"}; that I ~.rn pare of the f ~n.neiat ~bliatiara o~ tie I~on-
Feder~~ pon~ar• for' the Du~v~rnr~hl~rt~ creek Wetland ~ ~cos~tern Restoration ~'rajects and
that the NonyFede~al pen~or hay the fnanci~r cap~birit~ to satisfy the Non~Fde~~a~ ponor's
obiigatian under the l~esigtr Agreement for the Uuv~arnisi~lll~Iiil eels ~V'etrand ~ Fco~tern
~e~7tor~atron Pr'O~ eet,
~'~N~ HRF~F, ~ have made aid executed t~~is eettrfieatron thrs day of
? ,
1 i
T~T~,F;; Finance Director, its of Auhurn
~A~F;
~RT~F~~AT~ L~AL ~I~
The Design Ag~~eerne~~t #'a~~ Design of the Dua~r~ishlN~ili C~ee~ Wetland K Ecos~te~n
restoration ~'t~o~eet at pity afAubu~~n, ding Jaunty, a.shinton, a sea~~a~le element ofthe
reenlDuu~atr~ish Ecosysterr~ estaratian ~'ro~ect, vas ~ull~r ~~e~iee~ y the ~'fice of aunsel,
~.5. A~•rn~ ~o~~~as a~ ~~~ineers, Seattle Distri~t~
Date. f
Sue Yin Leong
Assistant Dist~iict oune~
s
ATTACHMENT 2
RES~LUTIDN N0.4 315
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE DEPARTMENT OF
THE ARMY FOR DESIGN OF THE MILL CREEK RESTORATION
PROJECT
WHEREAS, U.S. Army Corps of Engineers has received federal funding
to initiate design of the Green Duwamish Ecosystem Restoration Project at King
County, Washington; and .
WHEREAS, under the Water Resources Development Act of 1986, local
governments wishing to have such projects constructed within their jurisdictions
must contribute a portion of the project design costs; and
WHEREAS, Mill Creek lies within the Green Duwamish Project area and
a portion of Mill Creek is located in the City of Auburn; and
WHEREAS, the Auburn City Council finds that restoration of that portion
of Mill Creek ~ located within the City will benefit the citizens of Auburn by
enhancing flood control within the City and by improving fish habitat.
. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Glerk
are hereby authorized to execute an Agreement between the City of Auburn
Resolution No. 43~ 5
April 23, 2008 Page ~ of 24
3
and the Department of the Army for design of the Mill Creek Restoration Project
which agreement shall be in substantial conformity with the Agreement a copy
of which is attached hereto, marked as Exhibit "A" and incorporated herein by
this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of , 2DO8.
CI UB
PET B. LE~IVIS
MAYOR
ATTEST:
.
Danielle E. Daskam, City Clerk
APP VED ~ F4RM: ~ ~ ~ ~
1
Daniel B. He' ,CityAttorn
Resolution No. 435
April 23, 2ooa Page 2 of 24
DESIGN AGREEMENT
BETWEEN
THE DEPARTMENT GF THE ARMY
AND
CITYDFAUBURN
FGR
DESIGN
FOR THE
MILL CREEK RESTGRATIGN PROJECT
THIS AGREEMENT is entered into this day of ,
by and between the Department of the Army thereinafter the
"Government"}, represented by the District Engineer of the U.S. Army Corps of
Engineers, Seattle District and City of Auburn ~hereinafterthe "Non-Federal
Sponsor"}, represented by the Mayor of the City of Auburn.
. WITNESSETH, THAT:
WHEREAS, Federal Construction, General funds for Fiscal Year 2003,
included funds for the Government to initiate design of the Green Duwamish
Ecosystem Restoration Project thereinafter the "Parent Project"} at King
. County, Washington;
WHEREAS, the Government and the Non-Federal Sponsor desire to
enter into an agreement thereinafter the "Agreement"}farthe provision of
design for the Mill Creek Project fan element of the Parent Project and ,
hereinafter the "Project', as defined in Article I.A. of this Agreement};
. WHEREAS, construction or implementation of the Project is authorized
by Section 101~b} X26} of the Water Resources Development Act of 2000,
Public Law 106541;
WHEREAS, Section 105~c} of the Water Resources Development Act of
1986, Public Law 99-662 X33 U.S.C. 2215}, provides that the costs of design of
a water resources project shall be shared in the same percentage as the purposes of such project;
WHEREAS, the Government and the Non-Federal Sponsor agree that,
during the period of design, the Non-Federal Sponsor shall contribute 25
Resolution No. 4315 Apri123, 2008 .
Page 4 of 24
percent of total design costs and that, if a Project Cooperation Agreement for
construction of the Project is executed between the Government and anon-
Federal interest, such non-Federal interest shall contribute any remaining
portion of the non-Federal share of the costs of design in accordance with the
provisions of such Project Cooperation Agreement; .
V1IHEREAS, the Government and Non-Federal Sponsor have the full
authority and capability to perform as hereinafter setforthand intend to cooperate
in cost-sharing and financing of the Project in accordance with the terms of this
Agreement; and
vUHEREAS, the Government and the Non-Federal Sponsor, in
connection with this Agreement, desire to foster a partnering strategy and a
working relationship between the Government and the Non-Federal Sponsor
through a mutually developed formal strategy of commitment and
communication embodied herein, which creates an environment where trust
and teamwork prevent disputes, foster a cooperative bond between the
Government and the Non-Federal Sponsor, and facilitate the successful design
and implementation of the Project.
NOVV, THEREFORE, the Government and~the Non-Federal Sponsor agree
as follows:
ARTICLE I - DEFINITIONS
A. The term "Project' shall mean restoration of the following reaches of Mill
Creek: Geodeke, Merlino, UUetland 5K, and Schuler Brothers, as generally
described in the final report of the Chief of Engineers dated December 29, 2000,
and "GreenlDuwamish River Basin Ecosystem Restoration Study, Final
Feasibility Report," dated October 2000 and approved by the District Engineer,
. U.S. Army Corps of Engineers, Seattle District, on October 30, 2000
B. The term "total design costs" shall mean the sum of all costs incurred by
the Non-Federal Sponsor and the Government in accordance with the terms of
this Agreement directly related to design of the Project. Subject to the provisions
of this Agreement, the term shall include, but is not necessarily limited to: the .
Government's costs of engineering and design, economic and.environmental
analyses, and evaluation performed after a feasibility report whether performed
prior to or after the effective date of this Agreement that were not previously
Resolution No. 4315
April 23, 2008. Page.5 of 24
. shared with anon-Federal interest pursuant to any other agreement; the
Government's supervision and administration costs; the Non-Federal Sponsor's
and the Government's costs of participation in the Design Coordination Team in
accordance with Article III of this Agreement; the Government's costs of contract
dispute settlements or awards; and the Non-Federal Sponsor's and the
Government's costs of audit in accordance with Article VII.B. and Article VII.C. of
this Agreement. The term does not include any costs of betterments underArticle
II.E. of this Agreement; any costs of dispute resolution under Article V of this
Agreement; any costs incurred as part of reconnaissance studies for the Project;
any costs incurred as part of feasibility studies under any other agreement for
the Project; the Non-Federal Sponsor's costs of negotiating this Agreement; or
any costs of negotiating a project cooperation agreement for the Projector
separable element thereof.
C. The term "period of.design"shall mean the time from the effective date
of this Agreement to the date that a Project Cooperation Agreement for
construction of the Project, or a separable element thereof, is executed
between the Government and anon-Federal interest or the date that this
Agreement is terminated in accordance with Article X of this Agreement,
whichever is earlier.
D. The term "financia! obligations for design" shall mean the financial
obligations of the Government that result or would result iri costs that are or would
be included in total design costs.
E. The term "non-Federa! proportionate share" shall mean ~the~ ratio of the
Non-Federal Sponsor's total contribution of funds required by Article II.B.1. of this
Agreement to financial obligations fordesign, as projected by the Government.
F. The term "betterrnenf'shall mean a difference in the design of an
element of the Project that results from the application of standards that the
Government determines exceed those that the Government would otherwise
apply to the design ~of that element. The term does not include any design for
features not included in the Project as defined in paragraph A. of this Article.
. G. The term "Federa! program funds" shall mean funds provided by, a Federal agency, other than the Department of the Army, plus any nan-Federal
. contribution required as a matching share therefor.
Resolution No. 435
April 23, 2008 . Page 6 of 24
o
H. The term "fiscal year'' shall mean one year beginning on actober 1 and
ending on September 30.
J
ARTICLE II - OBLIGATIONS OF THE GOVERNMENTAND
THE NaN-FEDERAL SPONSOR
A. The Government, subject to receiving funds appropriated by the
Congress of the United States ~hereinafterthe "Congress"}and using those funds
and funds provided by the Non-Federal Sponsor, expeditiously shall design the
Project, applying those procedures usually applied to Federal projects, in
accordance with Federal laws, regulations, and policies.
1. The Government shall not issue the solicitation for~the first
contract fordesign of the Projector commence design of the Project using the
Government's own forces until the Non-Federal Sponsor has confirmed in writing
its willingness to proceed with design of the Project.
2. To the extent possible, the Government shat! design the
Project in accordance with the Project Management Plan for the Project
developed and updated as required by the Government after consultation with
the Non-Federal Sponsor.
3. The Government shall afford the Non-Federal Sponsorthe
opportunity to review and comment on the solicitations for all contracts, including
relevant scopes of work, prior to the Government's issuance of such solicitations.
To the extent possible, the Government shall afford the Non-Federal Sponsor the
opportunity to review and comment on all proposed contract modifications,
including change orders. In any instance where providing the Non-Federal
Sponsor with notification of a contract modification is not possible prior to
execution of .the contract modification, the Government shall provide such
notification in writing at the earliest date possible. Ta the extent possible, the
Government also shall afford the Non-Federal Sponsorthe opportunity to review
and comment on all contract claims prior to resolution thereof. The Government
shall consider in good faith the comments of the Non-Federal Sponsor, but the
contents ofsolicitations, award of contracts or commencement of design using the
Government's own forces, execution of contract modifications, resolution of
Resoiution No. 435
April 23, 2008 Page 7 of 24
contract claims, and performance of all work on the Project shall be exclusively
within the control of the Government.
4. At the time the U.S. Army Engineer, Seattle District thereinafter
the "District Engineer"} furnishes the contractor with the Government's Written
Notice of Acceptance of .Completed Work for each contract awarded by the
Government for the Project, the District Engineershall furnish a copy thereofto
the Non-Federal Sponsor.
5. The Government shall afford the Non-Federal Sponsor the
opportunity to review and comment on all design products that are developed
by contract or by Government personnel during the period of design. The
Government shall consider in good faith the comments of the Non-Federal
Sponsor, but the final approval of all design productsshall beexclusivelywithin
the control ofthe Government.
6. Notwithstanding paragraph A.4. of this Article, if the award of
any contract for design of the Projecf, or continuation of design of the Projecf
using the Government's own forces, would result in fotaldesign costs
exceeding $440,440, the Government and the Non-Federal Sponsor agree to
defer award of that contract, award of all remaining contracts for design of the
Project, and continuation of design of the Project using the Government's own
forces until such time as the Government and the Non-Federal Sponsor agree
in writing to praceed with further contract awards for the Project or the
continuation of design of the Project using the Government's own forces, but in
no event shall the award of contracts or the continuation of design of the Project
using the Government's own forces be deferred for more than three years.
Notwithstanding this general provision for deferral, in the event the Assistant
Secretary of the Army Civil Works} makes a written determination that the
award of such contract or contracts or continuation of design of the Project
using the Government's own forces must proceed in order to comply with law or
to protect human life or property from imminent and substantial harm, the
Government, after consultation with the Non-Federal Sponsor, may award a
contract or contracts, or continue with design of the Project using the
Government's own forces.
1. As of the effective date of this Agreement, $3,352,000 of
Federal funds for design and construction have been provided by Congress for
the Parent Project, of which $321,330 is currently projected to be available for
the Project. The Government makes no commitment to request Congress to
Resoiution No. 43~ 5 ,
April 23, 2Q08 Page 8 of 24
provide additional Federal funds for the Parent Project or the Project. Further,
the Government's financial participation in the Project is limited to the Federal
funds that the Government makes available to the Project.
B. The Non-Federal Sponsor shall contribute 25 percent of total design
casts in accordance with the provisions ofthis paragraph.
1. The Non-Federal Spansorshall provide funds in accordance with
Article IV.B. of this Agreement in the amount necessary to meet the Non-Federal
Sponsor's share of 25 percent of total design costs if the Government projects at
any time that the collective value of the Non-Federal Sponsor's contributions
underArticle III and Article VII of this Agreement will be less than such share.
2. The Government, subject to the availability of funds, shall refund
or reimburse to the Non-Federal Sponsor any contributions in excess of 25
percent of total design costs if the Government determines at any time that the
. collective value of the following contributions has exceeded 25 percent of total
design costs: ~a}the value of the Non-Federal Sponsor's contributions under
paragraph B.1. of this Article; and ~b}the value of the Non-Federal Sponsor's
contributions underArticle III and Article VII of this Agreement.
C. Upon conclusion of the periodafdesign, the Government shall conduct
an accounting, in accordance with Article 1V.C. of this Agreement, and furnish the
results to the Non-Federal Sponsor:
D. The Non-Federal Sponsor shall not use Federal program funds to meet
any of its obligations for the Project under this Agreement unless the Federal
agency providing the Federal portion of such funds verifies in writing that
expenditure of such funds for such purpose is expressly authorized by Federal
law.
E. The NonYFederal Sponsor may request the Government to include
betterments in the design of the Project. Such requests shall be in writing and
shall describe the betterments requested to be included in the design of the
Project. If in its sole discretion the Government elects to include such
betterments or any portion thereof in the design of the Project, it shall so notify
the Non-Federal Sponsor'rn a writing that sets forth any applicable terms and
conditions, which must be consistent with this Agreement. In the event of
conflict between such a writing and this Agreement, this Agreement shall
control. The Government shall allocate the costs of the Projectfeatures that
Resolution No. 4315
ApriE 23, 2008 . Page 9 of 24
include beffermenfs between fofaldesign cosfs and the costs of the
beffermenfs. The Non-Federal Sponsor shall be solely responsible for all costs
of design of the beffermenfs by the.Government under this paragraph and shall
pay all such costs in accordance with Article IV.D: of this Agreement.
F. If the Government and anon-Federal interest enter into a Project ,
Cooperation Agreement for construction of the Projecf, or a separable element
thereof, the Government, in accordance with the provisions of this paragraph,
shall include the amount of fofaldesign cosfs in total project casts for the
Projecf, or separable element thereof. Further, the Government, i~n accordance
with the provisions of this paragraph, shall afford credit toward the non-Federal
.interest's share of total project costs for the Project, or separable element
thereof, for the Non-Federal Sponsor's contributions toward fofa! design cosfs
under this Agreement.
1. If the Government and anon-Federal interest enter into a ,
Project Cooperation Agreement for construction of the entire Projecf, the
Government shall include the amount of fofaldesign costs in total project costs
for the Projecf. Further, the Government shall afford credit toward the~non-
Federal interest's share of total project costs for the Non-Federal Sponsor's
contributions toward fofaldesign .costs, including any excess amount
determined in accordance with Article 1V.C.2. or Article IV.D.3.b. of this
Agreement thatwas not refunded or reimbursed by the Government.
2. If the Government and anon-Federal ,interest enter into a
Project Coo eration A reement for construction of a separable element of the 1 p g
Projecf, the Government shall determine the portion of fofaldesign cosfs that
are allocable to such separable element and include such amount in total
project costs for suchseparable element, Further, the Government shall
determine the amount of the Non-Federal Sponsor's contributions toward fofa!
design cosfs, including any excess amountdetermined~in accordance with
Article IV.C.2. or~Article IV.D,3.b. of this Agreement that was not refunded or
reimbursed by the Government, that are allocable or attributable to such
separable element and shall afford credit for such amount toward the non-
Federal interest's share of total project costs of such separable element.
3, If the Government and anon-Federal interest do nat enter into
a Project Cooperation Agreement fvr construction of the Projecf. or a separable
element thereof, the Government shall not be obligated to refund or reimburse
the Non-Federal Sponsor, in whole or in part, for the Non-Federal Sponsor's 25
Resolution No. 4315
April 23, 200H . Page 10 of 24
percent contribution of total design costs. Further, refund or reimbursement by
the Government for any excess amount determined in accordance with Article
IV.C.2. or Article IV.D.3.b. of this Agreement is subject to the availability of
funds.
G. This Agreement shall not be construed as obligating either party to
seek funds for, or to participate in, construction or implementation of the Project
or a separable element thereof or as relieving the Non-Federal Sponsor of any
future obligation under the terms of any Project Cooperation Agreement.
ARTICLE III -DESIGN C~GRDINATI~N TEAM
A. To provide for consistent and effective communication, the Non-Federal
Sponsor and the Government, not later than 30 calendar days after the effective
date of this Agreement, shall appoint named senior representatives to aDesign
Coordination Team. Thereafter, the Design Coordination Team shall meet .
regularly until the end of the period of design. The Government's Project Manager
and a counterpart named by the Non-Federal Sponsor shall co-chair the Design
Coordination Team.
B. The Government's Project Manager and the Nan-Federal Sponsor's
counterpart shall keep the Design Coordination Team informed of the progress of
design and of significant pending issues and actions, and shall seek the views of
the Design Coordination Team on matters that the Design Coordination Team
generally oversees.
C. Until the end of the ~errod of design, the Design Coordination Team
shall generally oversee the Project, including matters related to: design;
completion of all necessary environmental coordination and documentation;
scheduling of reports and work products; plans and specifications; real property
and relocation requirements for construction of the Project; design contract
awards and modifications; design contract costs; the Government's cost
projections; anticipated requirements and needed capabilities for performance of
operation, maintenance, repair, rehabilitation, and replacement of the Project
including issuance of permits; and other matters related to the Project. This
oversight of the Projectshall be consistentwith a project management plan
developed by the Government after consultation with the Non-Federal Sponsor. ,
Resolution No. 4315
April 23, 2008 ,Page 11 of 24 ,
D. The Design Coordination Team may make recommenda#ions to the
District Engineer on matters related to the Projectthat the Design Coordination
Team generally oversees, including suggestions to avoid potential sources of
dispute. The Government in good faith shall considerthe recommendations ofthe
Design Coordination Team. The Government, having the legal authority and
.responsibility for design of the Projecf, has the discretion to accept or reject, in
whole or in part, the Design Coordination Team's recommendations.
E. The Non-Federal Sponsor's costs of participation in the Design
Coordination Team shall be included in totaldes~gn costs and shared in
accordance with the provisions of this Agreement, subject to an audit in
accordance with Article VII.C. of this Agreement to determine reasonableness,
allocability, and allowability of such costs. The Government's costs of
participation in the Design Coordination Team shall be included in total design
costs and shared in accordance with the provisions of this Agreement.
ARTICLE IV - METHOD OF PAYMENT
A. In accordance with the provisions of this paragraph, the Government
shall maintain current records and provide to the Non-Federal Sponsorcurrent
projections of costs, financial obligations, and the contributions provided by the
parties.
1. As of the effective date of this Agreement, lolal design costs
are projected to be $440,440; the Non-Federal Sponsor's contribution of funds
required by Article II.B.1. of this Agreement is projected, to be $109,110; the
iron-Federal proportlonale snare is projected to be 25 percent; and the
Government's total financial obligations to be incurred to include bei~erments in
the design of the Project and the Non-Federal Sponsor's contribution of funds
for such costs required by Article II.E. of this Agreement are projected to be $0.
These amounts and percentage are estimates subject to adjustment by the
Government, after consultation with the Non-Federal Sponsor, and are not to be
construed as the total financial responsibilities of the Government and the Non-
Federal Sponsor.
2. By date~of signature of agreement and by each quarterly
anniversary thereof until the conclusion of the period of design and resolution of
all relevant claims and appeals, the Government sha11 provide the Non-Federal
Sponsor with a report setting forth all contributions provided to date and the
Resolution No. 4315
April 23, 2008 Page 12 of 24
1
current projections of the following: ~o~al design costs; the Non-Federal
Sponsor's total contribution of funds required by Article II.B.1. of this
Agreement; the non-Federal proportionate snare; and the Government's total
financial obligations to be incurred to include betterments in the design of the
Projectand the Non-Federal Sponsor's contribution of funds for such costs
required by Article II.E. of this Agreement.
B. The Non-Federal Sponsor shall provide the contribution of funds
required by Article II.B.1. of this Agreement in accordance with the provisions of
this paragraph.
1. Not less than 30 calendar days prior to the scheduled date for
issuance of the solicitation for the first contract for design of the Projector
commencement of design of the Project using the Government's own forces,
the Government shall notify the Non-Federal Sponsor in writing of such
scheduled date and the funds the Government determines to be required from
the Non-Federal Sponsor to meet: ~a}the non-Federal proportionate share of
financialobligatians fordesign incurred prior to the commencement of the
period of design; ~b}the projected non-Federalproparfionate snare of financial
obligations for design to be incurred for such contract; and ~c}the projected
non-Federal proportionate share of financial obligations for design using the .
Government's own forces through the first fiscal year .Not later than such
scheduled date, the Non-Federal Sponsor shall provide the Government with
the full amount of such required funds by delivering a check payable to "FAG,
USAED, Seattle District" to the District Engineer, or verifying to the satisfaction
of the Government that the Non-Federal Sponsor has deposited such required
. funds in an escrow or other account acceptable to the Government, with
interest accruing to the Non-Federal Sponsor, or by presenting the Government
with an irrevocable letter of credit acceptable to the Government for such
. required funds, orby providing an Electronic FundsTransferof such required
funds in accordance with procedures established by the Government.
2. Thereafter, until the design of the Project is complete, the
Government shall notify the Non-Federal Sponsor in writing of the funds the
Government determines to be required from the Non-Federal Sponsor, and the
Non-Federal Sponsarshall provide such funds in accordance with the
provisions of this paragraph.
a. The Government shall notify the Non-Federal Sponsor
. in writing, no later than 60 calendardays priorto the scheduled date for
Resolution No. 4315
April 23, 2008. ~ ~ ~ . Page 13 of 24
issuance of the solicitation for each remaining contract for design of the Project,
of the funds the Government determines to be required from the Non-Federal
Sponsor to meet the projected non-Federal proportionate share offinancial
. ~ obligations for design to be incurred for such contract. No later than such
scheduled date, the Non-Federal Sponsor shall make the full amount of such
required funds available to the Government through any of the payment
mechanisms specified in paragraph B.1. of this Article.
b. The Government shall notify the Non-Federal Sponsor
. in writing, no later than 60 calendar days prior to the beginning of each fiscal
year in which the Government projects that it will make financia! obligations for
design of the Projectusing the Government's own forces, of the funds the .
Government determines to be required from the Non-Federa! Sponsorto meet
the projected non-Federal proportionate snare of financial obligations for design
using the Government's own forces forthat fiscal year. No later than 34
calendar days prior to the beginning of that fiscal year the Non-Federal Sponsor
. shall make the full amount of such required funds for that fiscal year available to
the Government through any of the payment mechanisms specified in
paragraph.B.1.~of this Article.
3. The Government shall drawfrom the funds provided by the
Non-Federal Sponsor such sums as the Government deems necessary to
cover: ~a} the non-Federal proportionate share of financial obligations for design
incurred prior to the commencement of the period of design; and ~b}the non-
Federalproportionate snare of financial obligations for design as financial
obligations fordesignare incurred. If at any time the Government determines .
that additional fundswill be needed from the Non-Federal Sponsor to cover the
Non-Federal Sponsor's share ofsuch financial obligations forthe current .
contract or to cover the Non-Federal Sponsor's share of such financial
obligations forwork performed using the~Government's own forces in the
current fiscal year the Government shall notify the Non.-Federal Sponsor in
writing of the additional funds required and provide an explanation of why
additional funds are required. Vllithin 60 calendar days from receipt ofsuch
notice, the Non-Federal Sponsor shall provide the Governmentwith the full
amount of such additional required funds through any of the payment
mechanisms specified in paragraph 6.1. of this Article.
C. U on conclusion of the period of design and resolution of all relevant p
claims and appeals, the Government shall conduct a final accounting and
furnish the Non-Federal Sponsor with written notice of the results ofsuch final
Resolution Na. 4315
April 23, 2408 Page 14 of 24
1
accounting. If outstanding relevant claims and appeals prevent a final
accounting from being conducted in a timely manner, the Governmentshall
conduct an interim accounting and furnish the Non-Federal Sponsor with written
. notice of the results of such interim accounting. Once all outstanding relevant
claims and appeals are resolved, the Government shall amend the interim
accounting to complete the final accounting and furnish the Non-Federal
Sponsor with written notice of the results of such final accounting. The interim
. orfinal accounting, as applicable, shall determine fofal design costs. In
addition, the interim orfinal accounting, as applicable, shall determine each
party's required share thereof, and each party's total contributions thereto as of
the date of such accounting.
~ . Should the interim ar final accounting, as applicable, show that
the Non-Federal Sponsor's total required share of fofalafesign cosfs exceeds
the Non-Federal Sponsor's total contributions provided thereto, the Non-Federal
Sponsor, no later than 90 calendar days after receipt of written notice from the
Government, shall make a payment to the Government in an amount equal to
the difference by delivering a check payable to "FAO, USAED, Seattle District"
to the District Engineer or by providing an Electronic Funds Transfer in
accordance with procedures established by the Government. .
2. Should the interim orfinal accounting, as applicable, show that
the total contributions provided by the Non-Federa! Sponsor for focal design
casfs exceed the Non-Federal Sponsor's total required share #hereof, the
Government, subject to the availability of funds, shall refund or reimburse the
excess amount to the Non-Federal Sponsor within 9o calendar days of the date
of completion of such accounting. In the event the Non-Federal Sponsor is due
a refund or reimbursement and funds are not available to refund or reimburse
the excess amount to the Non-Federa! Sponsor, the Government shall seek
such appropriations as are necessary to make the refund or reimbursement. If
such appropriations are not received or, if the Non-Federal Sponsor requests
that the Gavernment not refund or reimburse theexcess amountto the Non-
Federal Sponsor, the Government shall apply the excess amount toward the
share of total project costs for the Project that is required of the non-Federal
interest~executing a Project Cooperation Agreement or agreements for the Projecf or separable element thereof in accordance with Article II.F. of this
Agreement.
Resolution No. 4315 April 23, Zoos
Page 15 of 24
i
A endixA pp
Resolution No. 4315 April 23, 2008
Page 3 of 24
D. The Non-Federal Sponsor shall provide the contribution of funds
required by Article II.E. of this Agreement to include betterments in the design ,
of the Project in accordance with the provisions of this paragraph.
Not less than 30 calendar days prior to the scheduled date for
the first financial obligation to include betterments in the design of the Project,
the Government shall notify the Non-Federal Sponsor in writing of such
scheduled date and of the full amount of funds the Government determines to .
be required from the Non-Federal Sponsor to cover the costs of design ofsuch
betterments. No later than 30 calendar days prior to the Government incurring
any financial obligation for design of such betterments, the Non-Federal
Sponsor shall provide the Government with the full amount of the funds
required to caner the costs of design of such betterments through any of the
payment mechanisms specified in,,paragraph 8.1. of this Article.
2. The Government shall drawfrom the funds provided by the
Non-Federal Sponsor such sums as the Government deems necessary to cover
the Government's financial obligations for design of such betterments as they
are incurred. If at any time the Government determines that the Non-Federal
Sponsor must provide additional funds to pay for design ofsuch betterments,
the Government shall notify the Non-Federal Sponsor in writing of the additional
funds required and provide an explanation of why additional funds are required.
Within 30 calendar days from receipt ofsuch notice, the Non-Federal Sponsor
shall provide the Government with the full amount of such additional required
funds through any of the payment mechanisms specified in paragraph B.1. of
th is Article.
3. Atthe time the Governmentconductsthe interim orfinal
accounting, as applicable, the Government shall conduct an accounting of the
Government's financial obligations to~include betterments in the design of the
Project and furnish the Non-Federal Sponsor with written notice of the results of
such accounting. If outstanding relevant claims and appeals prevent a final
accounting of design of such betterments from being conducted in a timely
manner, the Government shall conduct an interim accounting of design ofsuch
betterments and furnish the Non-Federal Sponsorwith written notice of the
results ofsuch interim accounting. Gnce all outstanding relevant claims and appeals are resolved, the Government shall amend the interim accounting of
design of such betterments to complete the final accounting of design of such
betterments and furnish the Non-Federal Sponsorwith written notice of the
results of such final accounting. Such interim orfinal accounting, as applicable,
Resolution No. 435
April 23, 2008 Page 16 of 24
shall determine the Government's total financial obligations for design of such
betterments and the Non-Federal Sponsor's contribution of funds provided
thereto as of the date of such accounting.
a. Should the interim or final accounting, as applicable,
show thatthe total obligations for including beftermen~s in the design ofthe
Project exceed the total contribution of funds provided. by the Non-Federal
Sponsor for design of such be~~erments, the Non-Federal Sponsor, no ,later than
90 calendar days after receipt of written notice from the Government, shall
make a,payment to the Government in an amount equal to the difference by
delivering a check payable to "FAa, USAED, Seattle District" to the District
Engineer or by providing an Electronic Funds Transfer in accordance with
procedures established by the Government.
b. Should the interim or final accounting, as applicable,
show that the total contribution of funds provided by the Non-Federal Sponsor
for including betterments in the design of the Project exceeds the. total
obligations for design of such betterments, the Government, subject to the
availability of funds, shall refund the excess amount to the Non-Federal
. Sponsorwithin 90 calendar days of the date of completion of such accounting.
In the event the Non-Federal Sponsor is due a refund and funds are not
available to refund the excess amount to the Non-Federal Sponsor, the
Government shall seek such appropriations as are necessary to make the
. refund. If such appropriations are not received or, if the Non-Federal Sponsor
requests that the Government not refund the excess amount to the Non-Federal
Sponsor, the Government shall applythe excess amount toward the share of
total project costs for the Project that is required of the non-Federal interest
executing a Project Cooperation Agreement or agreements for the Projector
separable element thereof in accordance with Article II.F. of this Agreement.
ARTICLE V ~ DISPUTE RES~LUTI~N
As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of
the purported breach and seek in good faith to resolve the dispute through
negotiation. If the parties cannot resolve the dispute through negotiation, they
may agree to a mutually acceptable method of non-binding alternative dispute
resolution with a qualified third party acceptable to both parties. Each party
shall pay an equal share of any costs for the services provided by such a third
Resolution No. 4315 April 23, 2008 .
Page ~ l of 24
party as such costs are incurred. The existence of a dispute shall not excuse
the parties from performance pursuant to this Agreement.
ARTICLE VI -HOLD AND SAVE
Subject to the provisions of Article XIV of this Agreement, the Non-Federal
Sponsor shall hold and save the Government free from all damages arising from
design of the Project and any betterments, except for damages due to the fault or
negligence.of the Government or its contractors.
ARTICLE VII -MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the effective date of this
Agreement, the Government and the Non-Federal Sponsor shall develop
procedures for keeping books, records, documents, or other evidence pertaining
to costs and expenses incurred pursuant to this Agreement. These procedures
shall incorporate, and apply as appropriate, the standards for financial
management systems set forth in the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments at 32
C.F.R. Section 33.20. The Government and the Non-Federal Sponsor shall
maintain such books, records, documents, or other evidence in accordance with
these procedures and for a minimum of three years after completion of the
accounting for which such books, records, documents, or other evidence were
required. To the extent permitted under applicable Federal laws and regulations,
the Government and the Non-Federal Sponsor shall each allow the other to
inspect such books, records, documents, or other evidence.
B. In accordance with 32 C.F.R. Section 33.26, the Non-Federal Sponsor
is responsible for complying with the Single Audit Act Amendments of 1996 (31
U.S.C. 7501-7507), as implemented by Office of Management and Budget (OMB)
Circular No. A-133 and Department of Defense Directive 7600.10. Upon request
of the Non-Federal Sponsor and to the extent permitted under applicable Federal
laws and regulations, the Government shall provide to the Non-Federal Sponsor
and independent auditors any information necessary to enable an audit of the
Non-Federal Sponsor's activities under this Agreement. The costs of any non-
Federal audits performed in accordance with this paragraph shall be allocated in
Resolution No. 4315
April 23, 2008 Page 18 of 24
accordance with the provisions of OMB Circulars A-87 and A-133, and such costs
as are allocated to the Project shall be included in total design costs and shared in
accordance with the provisions of this Agreement.
C. In accordance with 31 U.S.C. 7503, the Government may conduct
audits in addition to any audit that the Non-Federal Sponsor is required to conduct
under the Single Audit Act Amendments of 1996. Any such Government audits
shall be conducted in accordance with Government Auditing Standards and the
cost principles in OMB Circular No. A-87 and other applicable cost principles and
regulations. The costs of Government audits performed in accordance with this
paragraph shall be included in tofal design costs and shared in accordance with
the provisions of this Agreement.
ARTICLE VIII -FEDERAL AND STATE LAWS
In the exercise of their respective rights and obligations under this
Agreement, the Non-Federal Sponsor and the Government shall comply with all
applicable Federal and State laws and regulations, including, but not limited to:
Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C.
2000d) and Department of Defense Directive 5500.11 issued pursuant thereto
and Army Regulation 600-7, entitled "Nondiscrimination on the Basis of
Handicap in Programs and Activities Assisted or Conducted by the Department
of the Army".
ARTICLE IX -RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this
Agreement, the Government and the Non-Federal Sponsor each act in an
independent capacity, and neither is to be considered the officer, agent, or
employee of the other.
B. In the exercise of its rights and obligations under this Agreement,
neither party shall provide, without the consent of the other.party, any contractor
with a release that waives or purports to waive any rights the other party may
have to seek relief or redress against that contractor either pursuant to any cause
of action that the other party may have or for violation of any law.
Resolution No. 4315
April 23, 2008 Page 19 of 24 .
ARTICLE X -TERNIINATI~N ~R SUSPENSION
A. If at any time the Non-Federal Sponsorfails to fulfill its obligations under
this Agreement, the Assistant Secretary of the Army Civil Works} shall terminate
this Agreement or suspend future performance under this Agreement~unless he
determines that continuation of design of the Project is in the interest of the United
States or is necessary in order to satisfy agreements with any other non-Federal
interests in connection with the Prajecf.
B. In the event the Government projects that the amount of Federal .
funds the Governmentwill make available to the Projectthrough the then- ,
current fiscal year, or the amount of Federal funds the Government will make
available for the Project through the upcoming fiscal year, is not sufficient to
meet the Federal share of total design costs that the Government projects to be
. incurred through the then-current or upcoming fiscal year, as applicable, the
Government shall notify the Non-Federal Sponsor in writing of such
insufficiency of funds and of the date the Government projects that the Federal
funds that will have been made available to the Projectwill be exhausted. Upon
the exhaustion of Federal funds made available by the Government to the
Project, future performance under this Agreement shall be suspended. Such
. suspension shall remain in effect until such time that the Government notifies
the Non-Federal Sponsor in writing that sufficient Federal funds are available to
meet the Federal share of total design costs the Government projects to be
incurred through the then-current or upcoming fiscal year, or the Government or
the Ndn-Federal Sponsor elects to terminate thisAgreement. .
C. In the event the Government determines that modifications to the
Project are required and that additional authorization by Congress will be
required before the Government may construct such modifications, the
Government shall notify the Non-Federal Sponsor in writing of such
determinations and shall terminate thisAgreement. ,
D. In the event that this Agreement is terminated pursuant to this Article,
both parties shall conclude their activities relating to the Project and conduct an
accounting in accordance with Article IV.C.~ of this Agreement. To provide for this
eventuality, the Government may reserve a percentage of total Federal funds
made available for the Project and an equal percentage~of the total funds
contributed by the Non-Federal Sponsor in accordance with Article II.B.1. of this
Resolution No. 4315 April 23, 2008
Page 20 of 24
Agreement as a contingency to pay costs of termination, including any costs of
resolution of contract claims and contract modifications.
E. Any termination of this Agreement or suspension of future performance
under this Agreement in accordance with this Article shall not relieve the parties of
liability for any obligation previously incurred. Any delinquent payment owed by
the Non-Federal Sponsor shall be charged interest at a rate, to be determined by
the Secretary of the Treasury, equal to 150 per centum of the average bond
equivalent rate of the 13 week Treasury bills auctioned immediately prior to the
date on which such payment became delinquent, or auctioned immediately prior
to the beginning of each additional 3 month period if the period of delinquency
exceeds 3 months.
ARTICLE XI - NOTICES
A. Any notice, request, demand, or other communication required or
permitted to be given under this Agreement shall be deemed to have been duly
given if in writing and delivered personally or sent by telegram or mailed by
first-class, registered, or certified mail, as follows:
If to the Non-Federal Sponsor:
Planning Department
City of Auburn
25 vl~. Main Street
Auburn, UVA 98001
If to the Government:
Chief, Plarrning Branch, PP1~D
Seattle District, Corps of Engineers
P. Box 3155
Seattle, UVA 98124-3155
Resof ution No. 4315
April 23, 2008 Page 21 of 24 .
B. A party may change the address to which such communications are to
. be directed by giving written notice to the other party in the manner provided in
th is Article.
C. Any notice, request, demand, or other communication made pursuant
to this Article shall be deemed to have been received by the addressee at the
earlier of such time as it is actually received or seven calendar days after it is
mai e .
ARTICLE XII ~ CONFIDENTIALITY ~ .
To the extent permitted by the laws governing each party, the parties agree
to maintain the confidentiality of exchanged information when requested to do so
by the providing party.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement, which shall become effective upon the date it is signed by the District
Commander.
DEPARTMENT OF THE ARMY CITY OF AUBURN
BY: BY:
COL MICHAEL MCCORMICK PETER B. LEWIS
DISTRICT COMMANDER MAYOR, CITY OF AUBURN
DATE : ~ DATE
Resolution No. 4315
April 23, 2008 Page 22 of 24
CERTIFICATE OF AUTHORITY
I, , do hereby certify that I am the principal legal
officer of the CITY OF AUBURN, that the CITY OF AUBURN is a legally
constituted public body with full authority and legal capability to perform the terms
of the Agreement befinreen the Department of the Army and the CITY OF
AUBURN in connection with design of the MILL CREEK RESTORATION
PROJECT, and to pay damages, if necessary, in the event of the failure to
perform in accordance with the terms of this Agreement and that the persons who
have executed this Agreement on behalf of the CITY OF AUBURN have acted
within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of 20
Daniel B. Heid
City Attorney, City of Auburn
Resolution No. 4315
April 23, 2008 Page 23 of 24
CERTIFICATIGN REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief
that:
~1 } No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing orattempting to
influence an officer oremployee of any agency,~a Memberof Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
2 If an funds otherthan Federal appropriated funds have been paid or y
. will be paid to any person for influencing or attempting to influence an officer or
em Io ee of an agency, a Member of Congress, an officer oremployee of py Y
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
~3}The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers including subcontracts, subgrants, and contracts
under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance
was laced when this transaction was made or entered into. Submission of this
p certification is a prerequisite for making or entering into this transaction imposed
by 31 U.S.C. 1352. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure. ~ .
Peter B. Lewis
Mayor, City of Auburn
DATE:
---w__------_M-------------------~-_--
Resolution No. 4315
April 23, 2aos Page 24 of 24
ATTACHMENT 3
CJ,~, firm vrps o ~~x~~ers, ea~~l~ D~s~ric~
DATA; 8 Decen~be~• X009
PRJET NA~I~~; DuwamishliV~ill Creed wetland 5 Ecasyste~n Restoration P~;o~ect
PR~}~LT L~ATYI~I~: The majarity afthe project area is located within the jurisdictional
boundaries of the City of Aubu~~n, in the lower ~~een Raver dub-watershed of the
CreenlDuwa~n~sh B as1n, A~ ~ n~aj arity of iXl Creek tins ad j acent to 1 on the west
side The wetland ~•each extends from Main street an the west side of R 1 7 to the ct•ossing
of ll~ill Creep with R ~
~R~~T MANAEI~: ~•isten eras, ~~~7~4~474, k~•isten,kerns r~usace.a~•n~y.rnil
~I~I~~~AL I~TRIC~"; S
~R~J~T DRI~'TI[]N; The prajeet goal is to create ~ natural habitat far rea~•ing and
storm refuge far ~nutiple species offish and. wildlife; The project will resto~•e the st~•am to its
natural channel, provide shading with new plantings, ar~d re~~~ove nonnative. invasive species. In
tnany areas of ~~ll C~•eek the sttea~n is stt•aight, shallow, and daes not offe~• quality riparian
vegetation and in-channel st~~cture, T~~us, these areas are not able to function effectively as a
rearing habitat and storm r"efuge channel fa~• Bndangered species Act listed Chinool~ salmon and
Bull Trout,
dill Creek historically served as vital habitat for mig~•atin salmon and pravided ideal conditians
for rearing and storm refuge, Due to agricultural.ndindustriol activity, the Mill Creep region
has last this critical habitat. The ~casib~lity Repot•t far the DuwarnishlCreen ~cosyste~n
Restoration Pro ject included ~•ecornm~ndatians for testaring select separable reaches of iViill
Creep: wetland 5K, Merlino, and Schuler Brothers, Restoration actions to improve rearing
habitat and star, refine at each of these sites would inelude~ riparian enhance~nents, channel
relocation and. tecanstructian, and woody debris additions. ~Nlerlino and Schuler Brothers
~•eaches will be covered under sepa1~ate PMPs developed at a later date, in conjunction with the
execution of sepa~•ate Design Agreements.
TATS: The project is fully scoped and waiting to execute a Design Ag~•ee~nent in ordet• to
initiate advanced design.
I~WF~DLR.AL ~~N~~; City of Auburn} Washington,
AL'TH(]RIT~; ectian ~ al ~b~~~~} of the mater Resources Deve~aprnent Act of Public
haw 1 ~-541
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ATE. Agency technical Re~~ev~
A Bla~alca~ Assessrrient
DA. Des~gia A.gxee~nent
D1~trICt ~la~~ ~ontrv~
n~~ronmer~tl Assesn~ent
environmental Resources
HTR Ha~ardaus, ~'a~ie, ~adi~~eti~'e haste
HH Hyd~a~agy and H~drau~ics
~L inter-local ~ooperatian Agreement
JARPA Jaint At~u~tic Resa~rce Pe~~mit A~pliction
LRD Land, E~sernents, Right ~f'a~, high#~ of asal
ASS Micra axnputer Aided Cyst stin~ating System
NAPA ~~ti~n~l nviran~nenta~ Prateetinn Act
~~erat~an and Maintenance
PMP Pra~ect Management Phan
Pray ect Manager
PPA. Pra`eet Partnership Agreement
PS.AR Puget ~~und and Adjacent ater~ay Re~terat~on
P~ Prim~~era Pro j ect Manager
Real estate
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7'~D To ~e Determined
FDA dater Resources Development Act
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of ~ The ~ecdeke reach, located sa~th of wetland on Mill Creek, was pre~tously included in the overall reca~rlrr~endatian; hawe~er, restoration afthis site was
ccn~pleted by the washingtan state Departlnent of Transpat~tation without Corps
in~rol~ernent, Therefore, the eodeke reach is na longer considered far pro j ect
in~plernentation, ~'ar this the scope will only focus orI the wetland 5 reach, The
other two reaches will be covered under` separate PMps de~relaped at a later date, in
conjunction with the e~ecutian of sepal;ate design Agreements,
. Project Bae~grnund
The green-~uwamish ~cosystcm P.estoration project was authorised in wR~]A ~~0~, A
conceptual design and cast estimate was prepared In the feaslbll~ty phase , The Creen~
Duwamish ~cas~sten~ ~estaratian 'roject gained construction New start capability in the
'dater and nei;gy Act of D~3,
II~ PRJET ~
1, Project deeds
In many areas of Mill Creek the stream is straight, shallow, and does nat offer quality
rlparlan vegetat~cn and In~channe~ structure. Thus} these areas are not able to function
effectively as a rearing habitat and storm refuge channel for ~ndane~ed species Act
listed Cl~~no~k Kalman and Bull Trout.
~'rojec~ oa ! h~ective The goal of the project is to create a natural habitat far rearing and storm refuge far
multiple species of fish and wild~~fe, The project will resto~~e the strearn to its natural
channel, prav~de shading with new plantings, and ~•ernove rlan-native invasive species.
~'lanning onstr~ints and 4bjeetlves
• The pro j ect must be acceptable t~ the Corps, the spansaxa and other prt~j ect
stakeholders,
• The plan needs to be cost effective
• Dperat~an and maintenance costs are acceptable to the local sponsor
• The pra~ect Is feas~b~e far cvnstructlan fully per~n~tted, politically acceptable,
physically passible real estate ~s available}
• The project is acceptable far enviranrnental corrrpliance
~4, Project ~elive~y Team
a~ Corps respons~~xilt~es~ The Co~`ps of Engineers will provide technical
expertise ~n the areas of engineering, planning, and en~riranmental analysis fox the
purpose of furthering the project during all phases, The Corps gill also provide
project management and guidance, such as caa~`dination with agencies and local
groups, attendance of site visits, and legal guidance, prior to project construction,
the Corps and the City of Auburn will sign the ~esigt~ Agreement and Project
Partnership Agreement, which will set forth the Corps' and City of Auburn's
respUn1b11~tles.
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P~o~ec# Phases O~ervic~~
There are four project p~ases~ rnitiatian; initial Design; Advanced Design Plans
pecif cations; and Construction Post-construction l~f onitaring. Design of the wetland
5l~ reach will ga f~a conceptual to ~~°I~ then 95°I~~ Bypassing or shortening intermediate
levels afdesign is justified due to the simplicity afthe project scope and eonstructinnR This mill help to streamline the process and reduce east, Aber the design phase is
cornpleted, the Pro jest Partnership Agreerent will be signed,
Phase 1; Initiation
1, Organize team and roles
elect mast viable reach to Initiate design based on land ownership wetland 5.}
Determine project scope budget
Develop Praj ect anagen~ent Plan
Phase In~t~ai Deli n
~ . sign Design Agreement
a. Design east shared 7°I~ federal, 2~~Io non-federai~ Gast share due after
execution according to pa~eut pion in agreement
Develop Design tud~ Costs
~ . Develop Enviranrnental Dacuments
Begin ~.eal Estate Process ~con~plete first drab peal estate drawing~s~
5 r Develop conceptual design with sponsor and resouxce agencies
Dete~n~ine eanstruction phasing
Based an design and cast estimate work with local sponsor an construction
phasing
8. Conduct Value Engineering
Phase 3: A~vanccd Ilesi~n, Pans, end pecifica,t,,,o_
1. Complete fight af~a~ Activities
Garnpiete, ~°I~, 95%, and final design
Complete Plans Specifications
4, Prepare and Sign Project Partnership Agreement
a, Const~uetion Gast shared 6S°/o Carps 3~°Io City
Outline design and eanstruct~on efforts far the add~tlonal two reaches
5; Certify EEE~D available
Start Preµaward activities
Phase Cons~ruc~ian
1, la~~Ia host shire due, fallowing execution a~~oect Partnership Agreement
Ce~tificatian of hands
3 ~ I~EP.A Compliance ~1V~ust be completed before execution of PPA}
Advertlsen~ent f ar bld
~ , Awa~~d construction contract
Proee# Phase Details
De~a~~ fnr Phase 1; Yn~t~ation
~n this phaso, the harps and sponsor gill meet to refine the praject scope of v~orl~, roes,
raced~res processes, and other items as necessary to ensure bath parties understand
the limitations and capabilities of the o~•ps and the sponsor, ~'he corps and sponsor mill
develop the appropriate systems required far financial management and upward
repart~ng, The harps and sponsor mill also obtain any approvals required bar their
respective chains of corr~mand to initiate a near praject The corps and sponsor gill meet
in an initial plan formulation meeting to ~~eaffirrr~ praject goals objectivesy
can~munication plan, and all other coardinatiou needed to begin the preliminary design process for the project.
Delive~~able
I, Deta~~ed project foals and ~b~ecttves
Scopes of dark Frith budget information from each corps team member and
sponsor
~ , Detailed pro j ect scope budget din
praject ar~aement plan approved b~ sponsor ~~~arps~
Financial System set up in E~"~I~IS
Draft Design Agreement and P>'
prepare evie~ plan
Deta~s fnr Phase Initial Deli n
The first stops in this phase are to obtain Division approval of the Design Agreement
package, sign a Design Agreement, and formulate the conceptual design. value
engineering analysis mill be performed an the conceptual design before progressing to ~
mare detailed design level. ,A design mill be fa~.ulated to a level appxopriate to obtain
environmental permits, far this effot~t e mill call this the ~~I~ design level, A.t the °I~
design level a formal review gill accu~ to insure concurrence f~an~ the sponsor and
additional resource agencies, once cancurrence is received, the harps mill progress on to
the 95°I~ design. level, Alsa included in this phase are the completion of all environmental
pe~i~its, HTR screening, cost estimates, real estate map, and decision document, Major
tasl~s are delineated below.
~a~or Tabs an ~stt~s
Pro j ect ~anagen~ent
• pP ~-updates a necessary
• Schedule and updates ~ p2 harps funding and scheduling s~stem~
• coordinate detailed fast Estimate
~ Sponsor oardinatianlTea oardination
• Team deader ofpraject Delivery Team
Hazardous, Toxic, and ~.ad~oactive haste ~HT~~
• The corps HT~ representative mill revle~r the documents and investigation
carrzpleted to date to dete~rriine if further investigation is i~equired including and
. environmental cleanup or remedlation, ~f ~rarl~ to date does uat meet the
requirements of a phase 1 assessment, the HT' representative mill complete
8
this. The reach Ill be ~tsited to ~ctcz"~n~ 1~ ~r~y ~rl~~ble ls~ues eat,
report gill be prepared for the entire prof ect by reach,
n~~~onmental Resou~cesl~n~rironrnenta~ on~plianee
■ eetion 10~ of the rational historic Preservation Act
• ~n~ironmenta~ Assessment and ~404~b~~~~ evaluation
r ~iolaica~ Assessment
~ JARPA ~C~~I, 40 ~ }
• Develop Monitoring Plan for Post Project onstructian
• Plan for v~ater quality monitoring during construction
• to~mv~ater Prevention Plan
u~tural Resources
+ conduct a field reconnaissance of entire site to include any e~plo~•atory digging at
suspected sites,
~ oardinate with State ~istorial Preser~ratto~a face and uekleshoot Tribe an
cu~ltura resources issues,
~ Prepare and Coordinate the cultural resources repot,
Civil engineering
+ 'fork v~ith P~vject Deli~rer Team and ~oeal sponsor on Conceptual, ~S°I~, and
95°I~ designs.
~yd~olagy Hydra~l~cs
• u~r~ey the site to inolnde cross sect~ona~ data to put into can~puter made.
~ De~elap a ydranlic Il~odel far ~~th and ithont project conditions,
• Place e~eotronic gages in the stre~rn to help calibrate the rnadel.
• Provide input to the design team members.
Cost stin7ating
• an7plete °I~ and 95°Io cost estimate
~ Perfo~~n Agency Technical Re~ie ~Ar~'R~
Real estate
• fork with the sponsor to de~elap a draft real estate drawing for the real estate
plan that clearly delineates the project area, acreage, p~ope~~ty ownerships within
the project footprint, and estates required to support construction, manito~~ng and
subsequent operation and maintenance ofthe proposed project,
• A brief real estate summary paragraph for decision document that describes the
lams, easements and ttight of gray necessary fax the construction, ~pcratian,
monitoring, and maintenance of the project, including total acreage bx~oken down
by estate ~propc~~ty interests and duration of easements required. fork product to
be prepared by Real estate D1~ISlan CostwShare Program tanager and Realty
peclal~st.
• A.ttarne~' ~ op~nians regard~~ c~mpensable interests of the a~ners of utilities and
faciiitie affected b~ the proposed project that require ternparar~ or
ermanent relocation, ar alteration to accarnmodate prapnsed cansfiructl~n
aCt~V~tles.
• Can~plete a ~on~Fede~al pnnsar ,A.cqutsition Capa~ll~ty l~ssess~nent ~v~th input
f~"Qn] the sponsor.
• Tha Carps iil conduct infnrrnal land vaiue analysis to cnnfirrn estimated
LARD implerrientatien costs.
purvey
~ Survey missing cross section and ~opa data on existing city maps for input to
dcsign effort and ~H rnadel~ng,
~ Contract far utility location se~vlce ~coardinate closely with and Design
Deli~erahlcs
_ Fuily executed Design Agreement
Cultural resources Assessment and Sec I0~ Qf NAPA Compliance
~n~rironrnental Assessrnent140~lPublic notice
4. 1,A~PA ~C~14~ ~ ~
5, ~ialagical Assessment
I~A~TO~ Report
~r i
S ~ Conceptual, ~5°Io, and ~5°/o design drawings with ATE and bacl~ check using
9 ~ Real estate Plan {deal estate Drav~ing~
gape Changes
~'ar an than es in sco a or schedule, the responsible person mill natif~ the P far Y p
concurrence. because several events are sequential, the scope change rna~ require a team
meeti~ag, All significant changes, ~hlch affect the teats and schedule, gill be discussed as
a team to determine the hest course of actia~, All final decisions rest ~lth the PN~.
~e~~ils for Phase ; Advanced ~lesi~~, Plays „,.~~fca~~o~s
fn this phase the design ~vill be finalised, a Project Partnership A.g~eernent executed
het~veen the sponsor and Corps, real estate certified available for construction, and pre
construction acti~rities corrtpleted.
Major 'asks and ~ss~~
Pray ect Management
• PAP -updates as necessary
• Schedule and updates in Primavera project manager
~ Spasor CoardinationlTearn Caardination upward reporting
~ Prepare Draft ar~d Final Pro j ect Partnership Agreerneut
Envlrontnental Ike source s
• Prepare dater ~ualit Construction ortitoring Plan
l~
~ Construction coordination with resources agencies and tribes, if applicable
Cl~il engineering
* Prepare f ina~ deign drav~~~ end f final quantities
• Prepare plans and specifications fronts-technical
Prepare did schedule for cast engineering
r ATR
Cast ~sttmating
• Final IVICAC~ Construction cost estimate far Project Partnership Agreement and
Contractual Process
~ ATR
Read estate
~ Prepare final I~~R~ map and read estate requirements fax certification of lands.
• ~RRD Certified a~ailahle for const~`uctian
~ Coordinate with the sponsor on L~RRI~ crediting app~`alsal scope and prerr~ise;
and review ~~R.R.D casts subrrritted b~ the sponsor to determine appra~ed
L~RRD credit amount,
I~elive~`ables
~lnal Design
pec~~~cattons ~adrn~nltratl~e ~ technical fronts}
3~ Plans and bid schedule
Signed Project Partnership Agreement
5, Right of a~ and ~~~RD Certification
Federal and non-federal share ofproject construction costs determined
Sponsor financial Plan and Statement of Financial Capabil~t~
State mater ual~ty Monitoring Plan far Canstructlon
Acquisition Plan far construction
IIe#a~ls far Phase 'ans~rr~c~ian Phase Tasks end Issues
This phase includes all construction activities, and post-construction n~onitor`ing
aCt1~1t~~S,
Mai or Tasks and issues
Constriction ~n~estigation Tasks gnat complete}
+ dater uallt~ Monitoring during canstru~ctian
~ Pre-Canstructlan Monitoring
~ Ca~struction Supervision Administration
I~el~verables
Sponsor's cost share check far the project. Cast share; ~I~ Federal, 35°I~ ~,acal
Z, ~3id Dacun~ents
Contract A.~ard
loloical IVlanitoring Plan
11
Constxu~tian Monitoring Phan
~~~~J~~ ~ ~IL~~`~~E
~x~cu~e design Agreement 15 ~n 2~1 ~
~e~e~op ronceptu~l Deign ~°f~~ 1 ~ April ~Q ~ Q
~e~e~op ~ 5 °fo Design S ~~1~ ~Q ~ 0
, Fre~are ~5~fo ~e~ign ~~agut ~~Q
DEC and ATR. ~ 0 epte~~er ~Q ~ ~
~~epare M~~ 5 October ~
~lar~s and specs ornple~e 1 ~c~obcr ~QIQ
Prepa~~e En~i~onmontal ~sessmcnt ~8 eptemb~~~
~rep~rc F~NI ~ Iecernb~r ~Q ~ Q
~ecute Pry j pct ~ar~nership ~gr~em~nt 14 April ~ ~
IV, ~T S~]11~AR~
Estimated l~a~or os~ . . , , , . n,,;;.,:. . ........t • n . . i. : . " "
~`i.: ~../v.r1 '%:s . v r''n :N:;. E'.r.~ ~:~.N.~; ~ ~ w tr. <r. ~A e.n~. .,1,.
i~rogram Manager $x,000.00
Pro'ect Maya er $ ~ 4, 000.00 , , . . , . r . , •
" , . ~ ~ ~M1
Prograr~ Manager 5D,~00.00
~ro'eot Mans er 60, 000.00 , " . , , , , r 1 r , , .l ^ , 11 a n ..f . 1, ! r n > .>.,..,h^:,.: '?i`:: „v", : rw.,.:' r ...~.t„ r"~,r rr. „ :.".l „'v ...,.,w..r. N j"i'
n..",>^ ........i.:,,I ~tl , kr., t ,.,,.,..1 .w ..,..,,Jh .,n. .:ti'.J.::\ ,W:>•„' `''.:i .r," . ;v r.,..:."~. ,.r, n,"„ hn,...,.)r.. r. r~,.~" "1.H,..~...., .r:: .>.ht t,,. rr, J ;.1..^
i:y\;~ i r;:>.,...,.,, ..1 " M.>.:~,, r.~MN•,.✓ ..h.,1::?,°•~,,,:, , c:;ti'b l„✓ .,rv ,,.r, ~:f, j . r~~ ,...,.l.,J,.,,;,,yt.,,,,//.,,rr..:(i..,..>.:-:,..~.rw:.w~.,.,,"./.~l'~•.^.. .r"rnM.•:r"•„'.,>.
.:,Mi:;•' :;^n", ~.r :^'✓r~. ,:~.,,y: '°~n , ~r fat , / ~ ~ ~lA^ -w.;:-.::~;':.:~, .r~ . "r ,~>;,,cY„w.,. I,~.^.,.s.;:.^.1'.."".,..,lr::W::,{~.,;al,~~,".>„n...~^..,...,a,r.,..~s...~
v.;4._, ,;%ia',' ^'~%r~" `"Ni.:.. " l , n . 1. ~ . l^: y
, ,.✓r~ , l,n.rJ. .~..,>.,,.~:.r."...~!,~M•ar>a, . 7 ~°"r. :~,Ur r: -r r ,,Ii7/~•., / , . ?ri, ,.v,i" ."I,/',,:.r„>,w :,r^,rl.y •..:;t.h.^:;"u"F:..,~.~:^,,.^.r,.,l.,,:.,...",., ~,~~r,,~..",,,,
w:!~m.~~M. .,:..,.,~,,,.nr ..,,✓,~.:""a"r~,,~.,.:r•,n~,^~.. y.. v.,"~w, .r wig: '~~~'i.,"I•." •n^l r~~"~."rJ ,.1,' r~: ,Kw r ~,l ,a ..;n r. r•rTir.nl, r :",_,r .~.:.~~:,,~r..~:~i .,.m.:
~~:,r'u;l..:.. "M.,,~ :.;tiE:i'ri;""' ^l:, ,1:'. i',^..1. :i ,,:1:~~ ,..9^. ,rl.,, mgr;, , .I ,,`iw ,lr ^%i%i .l~ ';f:; ,,,~y,:. 5::1'.~)': ,r.r ; Fav . f•:. .l "~i . ~NT"~ l „/r, .
.r~ ,si~.,,.r, r•, .oil5~'f:', "/,n '~;r~~f:.;.I./,~. rriy;; <~I,; ~~k:. .~.~~"N~...,,i.w,,:~rl,;w,.:,..r,.M^,.~,N,r.,,r:..,,;~:,,.,w~~.z~~w~,:,[a,:mn:~.,rr,...~^..~~m„^^: ,,:,:,,W,.t".."I...;:",~...
~ ,^.~..i,....:.~:~:,:::~,..,.....:"...., ",:i:>:~r :::i~:r ~~:~"rwm~:~:n:r.:l,:,
.r. r_„~"M~l,r v, .Yr ..w r'.t .,t , „ Y!: ,r., "Y ~h ~ ri/:~l'~:~"~ .:J:'/,~i~ "./.:r "~'N"' r. r >vl .:.r. w ....r: ,.!r:/, r,., l • n "t.. ,r,/..., r ,.~,~r, .,.>r..^ >.;:),r.I,..,,r~.
r/(r.,r...:/':~," n :::I)~r"; ,r.. ..r, •l ~.r,,,l . f 2. l,~ , I., 'Sr" ,r. 'ti.. r^, ~vl"' ,.l.N,i'r xa:~<r r .r.. ~mC.• , ,la~ 4 ~ . ~.H.~ I.,.,, „'y,.I,:r.. .r l%~>~~ ;.y;r,l.:,
'?d, .v, •,~r,E 7'~ii`: 1, ../:`^"."i~`: .'R•. •'.l,.. ~,,1., 3J r1:",,,I,~f.M r/, °_l,l:` 'i,~~`: :>/I... n~iJi ";•w~ ~ ,.,...."r,.v..W...": r,.u.",~,~:.~ m .....,,...w.. m..........
BNOlvgist ~ ~ ~,ooo.aa
Cult~ra~ Resources $80,000.00
. r . r , . . , , . . ~ , , , ~ r• . . •::ti..., r. .....t ..r...,, 1,
hh ~ .l ._r., f.., Civil $2,760.00
Cost ~stirr~ating $9,020.OD
Geotechnical 220.OQ
H&H ~,00.g0
,.ti...~.. , " ,
Civil
osf ~stimati~g $6,820.40
Centechni~al $6,350.00
HB~H $2,00.00
, ".M.,:::.:.: . , . , , 9a~J~~~~~~~~a ,:lays a~;;
Civil ~~90,00
Cost Estimating ~ 2,320.00
eotechnical ~,760.Oa
HRH 2,500.oa "
-r~ y~ ~;:,..t
ontln enC ~~°lo 47,9~O.OD , ' , ...,y ...:..~r
~~t ,;i`, , •;ii:i, .::i:, r, v,,,,,;;.~;,~
1
Federal share ~~~°lo $388,51
Nan;Federal Share ~5~1~ $1~~,5D5,?5
This duality onttial Flan presents the process that assures quality praducts for the
feasibility study, corps policy is to develop, integrate and ~mple~nent quality control and
quality assu~~ance as a pa~~t afthe corps' Project Management Business Process. The PDT
~xill ensure that ser~rices and praducts meet the ag~~eed upon requirements and are
pe~farrned in accordance vaith appropriate lags, policies end technical criteria, The
Plan defines the responsibilities and roles of each mernber of the PDT and the technical
re~rievv teams. District duality ontxol ~D~~}, ATR, and independent External Peer
~evie ~~EP~ mill be performed independent of the technical production of the product
to be reviewed; ~t mill include all relevant technical disciplines, along with necessary
legal sufficiency and policy ca~npliance revie~~ deference: E~ » 1 f , ~ Army ops
of Engineers Business Process; E~ ~ f I ~-1- ~ Z, Engineering and Design duality
Management; ER I ~ I ~-1-8 ~ 5 Design and Review checking System, Drhecks;
NTS~1V~ 5~l-~, duality Managernent Plan, Seattle Districts ~orth~vestern Division
duality N~anaernent Plan.
~rs~~~~c~ ~ua~r C.~on~~a~~ All draft products and deliverables v~ill be ~~e~ieed by the PDT
as the are devela ed to ensure the meet pro j ect and custaxn.er ob j ectives, comply with
y p ~ regulatory and engineering guidance, and nrieet custanrie~ expectations of quality,
~nfori~ial team ~e~ries, consisting of piiesentatians and discussions of inte~ii documents,
shall b documented with meeting minutes. A.pp~apriate sen~ar staff merrxbe~s from the
argani~atians completing the tasks mill also review all technical work before it is
submitted farard to the AT~.~ deference; ~ ~ 1 QSM~-~ l 0, ~evie~r of Decision
Documents, August OOSR
~4er~~y ~'ecnr`ea~ ~e~~e._ The objective ofthe ATE is to ensure the product is
consistent v~ith established criteria, guidance, procedures, and policy, The ATE. will
assess v~hether the analyses presented are technically correct and cornply with published
L~AE guidance, and that the document explains the analyses and results in a
reasonably clear manner for the public and decision makers. Products gill be reviewed
against published guidance, including Engineering ~.egulatians, Circulars, Manuals,
Engineering Technical letters and Bulletins.
Carps personnel external to the Seattle District mill perform this AT~ Technical
disciplines to be represented an the ATE v~ill, at a min~inuiri, include hyd~aul~cs,
environrriental, cultural, and design..AII decision documents require ATE, EC 1 X05-~-
41 ~ appendix page ~ provides additional ~evie criteria. deference: E~. I I a-~-41
Review ofDecision Dacurrients, .August 2a0$,
13