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HomeMy WebLinkAboutITEM V-C11 1 0~ Memorandum w~x~~~~ T0: Planning and Community Development Committee FROM: Chris Andersen, Environmental Protection Manager CC: Pete Lewis, Mayor Kevin Snyder, Director- Planning and Development Department Daryl Faber, Director- Parks, Arts and Recreation Department DATE: June 9, 2011 SUBJECT: Auburn Environmental Park Boardwalk Trail Informational Briefing At the Planning and Community Development Committee's June 13, 2011 meeting, staff will provide an informational briefing on the Auburn Environmental Park (AEP) Boardwalk Trail project. Please find attached the following information for your review in advance of the meeting: • Exhibit A - Vlclnlty map • Exhibit B -Boardwalk alignment map • Exhibit C -Draft Resolution No. 4715 The AEP Boardwalk Trail project includes the design and construction of an approximately 1,200-foot pedestrian trail through the AEP that will run between and connect West Main Street with the AEP bird and wildlife viewing tower located on Western Avenue. The majority of the trail will consist of an approximately 1,100-foot elevated wooden boardwalk that is designed to minimize impacts to AEP wetlands, and will allow for year-round use of the trail, including the seasonal periods when water levels in the AEP wetlands are elevated. The boardwalk is designed as a six foot wide, elevated wooden structure supported on pin pile foundations, with curbing on both sides, and guard rails in locations where the boardwalk is more than 30 inches above ground surface and/or where there are areas of seasonal standing water. The boardwalk project also includes the planting of approximately 2,500 native trees and shrubs in seven planting zones covering approximately 93,000 square feet along portions of the AEP bordering the east side of State Route 167 and the north side of West Main Street. Funding for the Boardwalk Trail project is provided by a $571,850 grant received by the City from the Interagency Committee for Outdoor Recreation (now Resource Conservation Funding Board, administered by the Washington Recreation and Conservation Office) in 2007 and City matching funds. In 2008, the City requested and was subsequently authorized to reprogram the use of a portion of the grant funds from wetland mitigation bank creation to design and construction of the bird and wildlife viewing tower, which was constructed later in 2009. In 2010, the City requested and was subsequently authorized to use the use the grant funds for acquisition of the 29-acre Auburn Land Company property at the north end of the AEP which was acquired late last year, and to use the balance of the grant funds (approximately $127,350) to design and construct the boardwalk trail and to design and plant a native vegetation habitat enhancement buffer along SR 167. The resultant design and construction budget for the project is $274,700; however preliminary construction cost estimates prepared for the project were in the range of $700,000-$750,000. Staff s approach to both design and construction has focused on reducing costs to allow completion of the project within the available funding. Some of the design strategies to achieve this have included using best-price materials, minimizing the overall length of the boardwalk by using straight segments instead of curves, reducing the number and degree of boardwalk direction changes, and minimizing wetland impacts and associated permitting requirements. In addition, many individuals and organizations in the community that have expressed a desire to participate in the project. To further reduce costs that need to be covered with budgeted project funds, project staff are working with the Mayor's Office to identify and coordinate opportunities for interested individuals and organizations to assist with funding or in-kind support to provide boardwalk trail materials, and complementary boardwalk amenities such as entry landscaping, benches, bicycle racks, and interpretive signage. For construction of the boardwalk trail, staff proposes to contract with the Washington Conservation Corps (WCC). The WCC is administered by the Washington State Department of Ecology, and is one of four agencies authorized by the State legislature to administer a WCC program. The WCC was established in 1983 to conserve, rehabilitate, and enhance the state's natural and environmental resources while providing educational opportunities and meaningful work experiences for young adults (ages 18 to 25). The agency has worked with local, state, and federal agencies to complete numerous restoration, recreation, and stewardship projects, including a number of elevated wooden bridges and boardwalks. WCC currently has 180 Corps members working state-wide throughout the year. WCC is funded by sponsor organizations, state funding, and an AmeriCorps grant from the Corporation for National and Community Service. Staff proposes to contract with the WCC for construction of the boardwalk trail, subject to a finding of special market condition by the City Council. A draft of Resolution No. 4715 that would constitute such a finding and a draft contract with WCC is attached for the Committee's review. The boardwalk trail proj ect is currently in the permitting process with state and federal agencies. Construction is scheduled to start August 1, 2011 and complete by mid September 201 1. 2 Exhibit A Vicinity Map Project Areas Pnrted Date:3125i?01, N.ap created by Civ, of aubum ec Iz nform vr, sh- is for genera! reference pr.~vses vnl.y and does rv- necesarily repre-. e' c' g_Araphic ar -tcgrapHc data as mapped. -he City or -b6. makes ev warranty a5'0 i5 acLU-y. 4 Y' C _ f. mmm!T J ~ q Z x I Fy 3 LLIQ CL r m ~ g ~ ~ m ~ N ~ ~ aC a Q ~ W N ~ ~l~)) o~~u x ~p~w~,p~ ~ o N 44 ~ ~8 a o ~ 5 ~ Q ~ ~ ~ ~ O V~1x N ~ ~ 6 ~ ~ v ~~V ~ ~H~~~R~ ~ O T e ~ ~ ~ _ m r d @ ~ } y ~ ~ o ~ ~~9~v~ Ana V ~ ~ ~ ~ O Y ~ Q ~ H LL ~ h N ~ ~ ` W m v iSm..u°~~z®F~~~~ n [i ° .tl m rp °o a ~ a m mw pp ~ ® © ~ ~ ~ ~Q ~ 9 s w -.wawa - p ~J qM ~ ~ ~ U ~ ~ ~ p Mom„ ~ I- I- 1- LL u, ° ~ V ~ N o ~ V S-' d o❑ ~~1~~tNp I i i II ~F+,~ R N~ ~nr.aa~~1, L O,~ R ~ ~ X r rmY r N U ~ ~n I I x'k i1 ~'k~~,'i r ~ 'n ~ ~ I ~ ~ 0 p 1~"' ~ w ~ IV I+ Q N U X ~ 115 ~ 4 k v+ YW ¢ ¢ Q F' } i {f'I iil~ ~ ~ a ~ .rr" ~ ~ ~Jn fJ/~ J/~ Z ~N (°p' (cpv d m ~ I p!ir n, 7i ~,.~~~-:y f. 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I I v~ ~ ~ 0 ~ '~9 1 _ v ' X C ~ 11~ ,11 ~ ~ ~f~ ~ I 4 m ' ~ ~ ~J~ ' ljr~rfll' `if. ~L re,~ ~,,I ' f' , ~ ~r/ ~ 1'' t ~ ~ - ~ - ~ ~ ~ ►1 ~ ~ ~ ~ ,j ~ ~ ~ ~ w ~9 ~ ' N L h ~h n o y n Exhibit C RESOLUTION N0.47~ 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATED TO THE AUBURN ENVIRONMENTAL PARK WETLANDS TRAIL BOARDWALK PROJECT; PROVIDING FOR AN EXCEPTION TO COMPETITIVE BIDDING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE WASHINGTON STATE DEPARTMENT OF ECOLOGY WASHINGTON CONSERVATION CORPS WHEREAS, as part of its ongoing management of ......the Auburn Environmental Park ("AEP") the City proposes to construct a boardwalk in order to allow greater access through the AEP while protecting and preserving its natural functions (the "Boardwalk Project"); and WHEREAS, as they have in the past, several local community and service organizations have expressed interest in contributing funds, materials, and labor to this project as a community or service project; and WHEREAS, the Washington State Department of Ecology's Washington Conservation...... Corps ("Corps"} is organized under the provisions of chapter 43.220 RCW to provide a program that enables youth to learn the values of hard work, public spiritedness, group achievement and cooperation, resource conservation, and environmental appreciation by working on public works projects related to natural, historic, environmental, and recreational resources. Resolution No. 4715 June 2011 Page 1 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section The City Council of the City of Auburn finds as follows: 1. The unique community, recreation, and educational nature of the AEP lends itself to joint public-private projects that...... enhance the accessibility of the AEP while creating a sense of community ownership in the AEP; and 2. The Corps' mission complements the purpose and goals of the AEP, and working together on the Boardwalk Project will benefit .both the Corps and the City; and 3. Allowing community organizations t© participate in the Boardwalk Project through donations of money, materials, and labor will enhance the AE P's status as a com m u n ity asset. Section 2. The City Council concludes that the findings adopted in Section 1 create a special market condition justifying awarding project contracts for laborand/or materials without competitive selection. Section 3. 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 Washington State Department of Ecology Washington Conservation Corps for construction of the Auburn Environmental Park Wetlands Trail Boardwalk Project in an amount not to exceed Forty-Five Thousand Dollars ($45,000.00), which agreement shall be in substantial conformity with the Resolution No. 4715 June 2011 Page 2 of 3 Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of , 2011. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4715 June 2011 Page 3 of 3 EXHIBIT "A" VVCC AGREEMENT N0. WA5HIN6TON STATI DEPbRTEIENT OI THIS CONTRACT made by and between the State of Washington Department of Ecology Conservation Corps, hereinafter referred to as the "DEPARTMENT," and that entity whose name appears in item 1, below, hereinafter referred to as the "SPONSOR." 1.SPONSOR: City of Auburn 2. CONTACTS 3. ADDRESS: 25 West Main St. DEPT. PROJECT LEADER Nicho as Mott 360 407-6946 Auburn, WA 98001 SPONSOR CONTACT Chris Andersen Environmental M r. 253 876-1962 CREW SUPERVISOR OTHER SPONSOR FISCAL OFFICER Shelle Coleman Finance Director 253 804-5019 4. PROJECT TITLE/DESCRIPTION: Auburn Environmental Park Wetlands Trail Boardwalk 5. PROJECT LOCATION: 413 Western Avenue NW, Auburn, WA 6. SCOPE OF WORK: SEE ATTACHMENT `A' PERIOD OF PERFORMANCE: CONTRACT BEGINS: ~Uly 15, 2011 CONTRACT ENDS: October 31, 2011 8. MAXIMUM BUDGET REIMBURSED to DEPARTMENT by Sponsor Provided by DEPARTMENT Cost Provided by SPONSOR/DONATIONS COST WCC Crew $ 45,000 Total DEPARTMENT Cost ~ Total SPONSOR COST $ 4 5, 0 0 0 TOTAL Above cost Not to be Exceeded 10. Special Terms and Conditions ❑ No 0 Yes (See VII.) 11. Biennial Closures: In accordance with biennial closing procedures, the sponsor must reimburse REMARKS the DEPARTMENT no later than dune 30, 2~2_fCLSPrvi rpc nr material supplied under this contract when submitted for payment on properly itemized vouchers (Form A-19). AFRS ACCOUNT CODE TRANS APPN PROG PROJECT SUB PROD ORG CO. OBJ SUB AMOUNT CODE FUND INDEX INDEX PROD PHAS INDEX OBJ Page 1 of 5 (excluding Figures) IN CONSIDERATION OF THE GENERAL TERMS AND CONDITIONS OF THIS CONTRACT, THE PARTIES AGREE AS FOLLOWS: I. All rights and obligations of the parties to this contract shall be subject to and governed by those General Terms and Conditions contained in the text of this contract instrument and Section XVII.'SPECIAL TERMS AND CONDITIONS." II. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal & State Statutes & Regulations, (b) Special Terms and Conditions, and (c) General Terms and Conditions. III. This contract and its appendices, if any, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. IV. This contract shall be subject to the written approval of the authorized representative of the DEPARTMENT and shall not be binding until so approved. Only the authorized representative by writing (delegation to be made prior to action) shall have the expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized representative. V. AUTHORITY AND PURPOSE: A. Authority The Legislature enacted Chapter 43.220 RCW which created the Washington Conservation Corps, hereinafter referred to as the "WCC," and named the DEPARTMENT as one of six state agencies having implementation authority. B. Purpose The purpose of this contract is to establish a formal understanding between the DEPARTMENT and the SPONSOR to accomplish the project described in Section "SCOPE OF WORK." This contract is designed to specify the kinds and amounts of goods and services to be used and/or exchanged by the DEPARTMENT and the SPONSOR to their mutual benefit through a WCC project. The SPONSOR acknowledges that parkicipation in the WCC _program shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime ..work, wages, or other employment benefits, nor in the impairment of existing contracts for services. VI. DEFINITIONS: A. "SPONSOR Contact" shall mean the person who serves ,as the SPONSOR's lead on the project and shall cooperate with all parties concerned to promote successful completion of the project described in Section 'SCOPE OF WORK.' B. "SPONSORWork Director" shall mean.. the person who specifies work to be performed onsite; outlines, describes, and delegates work to be accomplished; supplies necessary orientation and training for use of special equipment and procedures; and is responsible for directing WCC crew supervisor(s) regarding specific project tasks as described in Section "SCOPE OF WORK." C. "DEPARTMENT Project Leader' shall mean the person who is responsible for developing and facilitating the project and shall serve as liaison between the DEPARTMENT and SPONSOR. PROJECT LEADER assumes ultimate responsibility to ensure adequate coordination of the project. D. "Corps Member" shall mean an individual enrolled in the WCC program. Corps members shall not be considered regular state employees. Provisions of law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, state retirement plans, and vacation leave do not apply: to the Corps members. However, medical aid and state industrial insurance will be provided by the DEPARTMENT for each Corps member. E. "Crew Supervisor" shall mean the person who is responsible for matters relating to personnel administration and overall project direction. He/she supervises Corps members (generally four or more) regarding work to be accomplished and is responsible for individual crew safety, daily crew supervision and discipline, completes Corps member training plans, and provides a written evaluation of each Corps member's job performance and skills acquired after two months and at termination of employment. VII. SCOPE OF WORK: Both parties agree to compete in a satisfactory and proper manner the services described under the Section "SCOPE OF WORK" of this contract, and to provide materials and supplies necessary to ensure satisfactory completion of the project, including any special equipment required by special work conditions, and to procure any necessary permits such as right of entry. The DEPARTMENT agrees to provide Corps members who will be used to complete said work. All equipment provided by either the DEPARTMENT or the SPONSOR shall be returned to the provider within fifteen (15) days after termination of this contract, unless otherwise specified in Section XVII, "SPECIAL TERMS AND CONDITIONS." Page 2 of 5 (excluding Figures) VIII. PERFORMANCE: A. Time for Performance: Any work performed prior to the effective date of this SPONSOR CONTRACT, or continuing after the completion date of same, unless otherwise agreed upon in writing herein, will be in violation of this contract and will be at the SPONSOR's expense. B. Compliance With All Laws: The SPONSOR agrees to observe all federal and state laws, regulations, and policies affecting performance under this contract. C. Release of Information or Materials: The SPONSOR will not release any information or materials developed pursuant to this contract without prior written authority from the DEPARTMENT. D. Final Report Evaluation: Within 15 days after termination of this contract, the SPONSOR shall provide the DEPARTMENT with a written evaluation of the project. At a minimum, the following shall be evaluated: 1. Benefit to Corps members 4. Whether the overall goals and objectives of the project were obtained 2. Environmental benefits 5. Suggestions for program. improvement 3. Department cooperation/coordination 6. Revised estimates of alternate supplier cost and SPONSOR cost/donation IX. TERMINATION OF CONTRACT: A. Termination by SPONSOR for Cause: If the DEPARTMENT fails to fulfill in a timely and :proper manner its obligations under this contract, or if DEPARTMENT shall violate any of the covenants, agreements, a surances, or stipulations of the contract, SPONSOR shall have the right to terminate this contract by giving written notice specifying the effective termination.-:date to the DEPARTMENT at least seven days before such date. B. Termination by DEPARTMENT for Cause: If SPONSOR fails to fulfill in a timely and proper mannerits obligations under this contract, or if SPONSOR shall violate any of the covenants, agreements, assurances, or stipulations of the contract, DEPARTMENT shall have the right to terminate this contract by giving written notice specifying the effective termination date to the SPONSOR at least seven days before such date. C. Termination by DEPARTMENT for Convenience: The DEPARTMENT may terminate this contract by giving written notice to SPONSOR of such termination and specifying the effective date thereof at least ten (10) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described above shall be delivered to DEPARTMENT for its review. After the review at the option of DEPARTMENT such documents or material or portions thereof shall become its property. D. Insufficient Funding: In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the after the effective date of this contract and prior to normal completion, the DEPARTMENT may terminate the contract under Section IX.C "Termination by DEPARTMENT for Convenience" clause, subject to renegotiation under those new funding limitations and conditions. X. LIABILITY: A. When direct supervision is provided by the DEPARTMENT employed crew supervisor, the DEPARTMENT agrees that WCC members working under this contract are agents of the DEPARTMENT, and therefore the DEPARTMENT shall be liable for personal injury or property damage caused by WCG Corps member negligence. B. When direct supervision is provided by the SPONSOR, the SPONSOR agrees that WCC Corps members working under this contract are agents of the SPONSOR, and therefore the SPONSOR shall be liable for personal injury or property damage caused by WCC Corps member negligence. C. To the extent that the Constitution and laws of the State of Washington permit, all parties to this contract shall be responsible for damage to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers. None of the parties assume any responsibility to the other parties for the consequences of any act or omission of any person, firm, or corporation not a party to this contract. XI. NON-DISCRIMINATION: The DEPARTMENT and the SPONSOR agree to be bound by all federal and state laws, regulations, and policies against discrimination and agree not to discriminate in employment, either directly or indirectly, because of a person's age, sex, sexual orientation, marital status, creed, color, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. Page 3 of 5 (excluding Figures) XII. DISPUTES: Except as otherwise provided in this contract, when a bona fide dispute arises between the DEPARTMENT and the SPONSOR and it cannot be resolved, either party may request a dispute resolution with the DEPARTMENT The parties agree that this dispute resolution process shall precede any action in a judicial tribunal. Either party's request for a dispute resolution must: A. be in writing; B. state the disputed issues; C. state the relative positions of the parties; D. state the SPONSOR's name, address, and WCC Agreement number; E. be mailed to the DEPARTMENT within thirty (30) days after the party could reasonably be expected to have knowledge of the issue(s) which are now in dispute. XIII. INVOICE VOUCHERS: Reimbursable expenditures under the terms and conditions of this contract shall in no event exceed the amount set forth herein. The SPONSOR shall reimburse the DEPARTMENT for services performed when submitted on a properly itemized voucher (Form A-19) in accordance with Section 9. "MAXIMUM BUDGET' Reimbursement shall be made by the SPONSOR within thirty (30) days of receipt of said voucher. XIV.AMENDMENTS: Changes in the scope of this contract which cause an increase or decrease in the cost of, or the time required for the performance of any part of the scope of work under this contract, shall be accomplished by written amendment and executed by both parties prior to implementation. XV. SUBCONTRACTS: The SPONSOR shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the DEPARTMENT'S PROJECT LEADER. XVI. RECORDS RETENTION: Both parties shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the SPONSOR CONTRACT These records shall be subject at all reasonable times to inspection, review, or audit by duly authorized personnel for six years after the contract end date. XVII. SPECIAL TERMS AND CONDITIONS: Special terms and conditions of this contract contained in the box below are made a part of this contract (requires initials). Department Sponsor Attachment `A' Scope of Services. XVII. ENTIRE CONTRACT: This document contains the entire and__integrated contract between the parties, and no statement, promise, inducement or agreement made by the DEPARTMENT or its agents or employees that are not contained in this written contract shall be valid or binding. No alteration, addition, or modification of any of the terms or conditions of this contract shall be effective if not in writing and signed by the authorized representatives of the SPONSOR and the DEPARTMENT SIGNATURES: SPONSOR DEPARTMENT BY: BY: TITLE: Mayor, City of Auburn TITLE: Field Operations Coordinator DATE: DATE: Pre-Approved as to form by the Assistant Attorney General Ecology is an Equal Opportunity and Affirmative action employer. For special accommodation needs, contact the Washington Conservation Corps at (206) 407-6947. The TDD number is (206) 407-6006. Page 4 of 5 (excluding Figures) ATTACHMENT `A' Scope of Services In the event of a conflict between the provisions of Attachment `A' and other portions of this contract, the provisions of this Attachment `A' shall control. 1. The contract is for services for an amount not to exceed $45,000.00. Services will be paid at a rate of $3,500 per crew per week. 2. DEPARTMENT shall construct a pedestrian trail and elevated boardwalk per attached plan set [Figure A: Auburn Environmental Park - Boardwalk by AHBL lnc. (Daniel E. Wojtala), April 25, 2011] including all related components such as, but not limited to gravel ramp, concrete headwall, concrete pad, bollards, and viewing platforms, but not including the two entry signs (sheet L1.04, Detail 1) and native planting work shown on sheet L2.01 (Planting Plan). 3. DEPARTMENT shall provide all necessary transportation, tools, equipment, and general training to perform work as specified in this contract. 4. SPONSOR shall provide all materials specified in the material list (Figure B), but not including the two entry signs (sheet L1.04, Detail 1) and the native planting materials shown on sheet L2.01 (Planting Plan) 5. DEPARTMENT and SPONSOR will not be using each others equipment, unless consent by both parties. 6. DEPARTMENT shall complete the work as specified in this contract by the end of the period of performance (page 1). SPONSOR to obtain all necessary development.: permits and rights of entry to construct trail and boardwalk in accordance with Figure A. 8. SPONSOR shall not provide direct supervision. However, Sponsor's architect/engineer may provide technical guidance, such as answering questions regarding interpretation of plans. This technical guidance shall not be considered as "direct supervision of the work" as set forth in Section X, and shall not affect the pasties' respective liability as set forth in Section X of this Agreement. 9. SPONSOR will not release any information or materials developed pursuant to this contract without prior written authority from the DEPARTMENT, except as required bylaw. 10. Typically crew weeks are Monday -Thursday 7:OOam - 4:OOpm: Alternative work schedules may be coordinated if necessary. 11. DEPARTMENT and SPONSOR shall attend a site orientation/pre-construction meeting one week prior to the start of construction. 12. DEPARTMENT shall provide SPONSOR no less than 4 weeks notice for crew scheduling to allow for SPONSOR sufficient time to procure any materials needed. 13. DEPARTMENT shall obtained an Auburn Business License and L&I Registration prior to the start of construction. Page 5 of 5 (excluding Figures)