HomeMy WebLinkAbout06-05-2006 ITEM VIII-B-7ACITY OF * -*
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WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Resolution No. 4039
May 17, 2006
Department:
Attachments:
Budget Impact:
Public Works
Resolution No. 4039 and Draft
$ 60,000
Agreement
Administrative Recommendation:
City Council adopt Resolution No. 4039.
Background Summary:
DOE will be hiring a consultant (Geomatrix) to perform a "phase 1" water rights review. Initially the
consultant will be establishing the senior water right applications that would be considered in the "same
source of supply" as the City's application. The initial investigation identified 40 applications in WRIAs 9
and 10 with priority dates senior to the City's application. Some of the applications are clearly not in
continuity with the City's application, but those who may be will be analyzed considering: hydraulic
continuity; sharing of common recharge areas; sharing of common flow regimes; and isolation from other
sources by effective barriers to hydraulic flows. A second activity the City has requested is for Geomatrix
to review the City proposed, mitigation alternatives for fatal flaws.
Agreement:
The anticipated cost for this agreement is $60,000
A budget adjustment of $60,000 from the 430.00.534.100.41 water fund may be required this year to fund
this agreement.
W0605-8
04.11
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ 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
Action:
Committee Approval: []Yes []No
Council Approval: []Yes ❑No Call for Public Hearing
Referred to Until _/_/_
Tabled Until —/—/
Councilmember: Wagner Staff: Dowd
Meeting Date: June 5, 2006 Item Number: VIII.B.7
AUBURN *MORE THAN YOU IMAGINED
RESOLUTION NO. 4039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR COST REIMBURSEMENTS
RELATING TO THE CITY'S WATER RIGHTS APPLICATION
WHEREAS, The City of Auburn has applied to the Department of
Ecology for an additional water right for municipal water supply use; and
WHEREAS, the Department of Ecology will incur costs in processing the
City's application, including fees paid to consultants to review certain aspects of
the City's application; and
WHEREAS, the costs of processing such applications are born by the
applicant; and
WHEREAS, it is in the public interest for the parties to enter into an
agreement for the City to reimburse the Department of Ecology for its costs in
processing the City's water rights application,
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 Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and the Washington State Department of Ecology for cost reimbursements
Resolution No. 4039
May 17, 2006
Page 1
relating to the city's water rights application, 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 affect upon
passage and signatures hereon.
DATED and SIGNED this day of 2006.
CITY OF AUBURN
PETER B. LEWIS
Mayor
Attest:
Danielle E. Daskam
City Clerk
City Attorney
Resolution No. 4039
May.17, 2006
Page 2
Washington State Department of Ecology
Cost -Reimbursement Agreement (CRA)
Between the
Washington State Department of Ecology
and
City of Auburn
Water Right Application G1-28404;
CRA Project No.9R46
PART A
SPECIAL TERMS AND CONDITIONS AND SCOPE OF WORK
Current For: FY 2005-06
Contents:
I. Applicant Information
II. Ecology Information
III. Performance Security
IV. Scope Of Work - Tasks, Budget Detail, Schedule
V. Effective Date
VI. Entire Agreement And Signatures
MMTM M
Project Manager/Primary Point of Contact
Name: Duane Huskey, Utility Engineer
Address: 25 West Main Street
City, State: Auburn, WA
Zip Code: 98001-4998
Telephone: 253-804-5062
E-mail: dhuskey(a,auburnwa.gov
Fax: 253-931-3053
Billing Address
Name: Same as Left
Address:
City, State:
Zip Code:
Telephone:
E -Mail:
Washington State Department of Ecology
Cost -Reimbursement Agreement (CRA)
Part A — Special Terms and Conditions and Scope of Work
Boiler Plate Last Updated: 8-10-04
Pa&e
1
2
2
2
5
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Current For: FY 2005
Page 1 of 5
Project Manager/Primary Point of Contact:
Name: Jim Roth
Address: PO Box 47615
City, State, Zip: Olympia, WA, 98504-7615
Telephone #: 360-407-7036
E-mail: TROT461@ECY. WA.GOV
Fax: 360-407-7153
III, Performance Security
Performance Security Option Selected, Dollar Amount, And, If Applicable, Holding
Institution (Pursuant To Section II.13.6. Of Part B — General Terms And Conditions):
Performance Securit,Option of $10,000 in an interest bearing account.
The City of Auburn is applying for an additional water right for municipal water supply use. The
City of Auburn has submitted one application for a new groundwater right, G1-28404, requesting
12,500 gallons per minute (gpm) of instantaneous use, with an annual requested quantity of
13,443 acre-feet per year.
Ecology's consultant, Geomatrix, will be tasked to complete the water -right processing Phase I
work establishing senior water right applications that would be considered in the `same source of
supply' as the City's application, thus requiring processing in accordance with RCW 90.03.265.
In conducting this determination, Geomatrix will define the source of water that the City of
Auburn proposes using for municipal water supply and the universe of applications requiring
processing based on the following considerations:
• Hydraulic continuity between points of withdrawal;
• Sharing of a common recharge (catchment) area;
• Sharing of a common flow regime; and
• Isolation from other sources by the presence of effective barriers to hydraulic flow.
Washington State Department of Ecology
Cost -Reimbursement Agreement (CRA)
Part A — Special Terms and Conditions and Scope of Work
Boiler Plate Last Updated: 8-10-04
Current For: FY 2005
Page 2 of 5
Sources of information for the `same source of supply' determination will include area
topography, geologic structures, well log review, area water level measurements, aquifer
characteristics, and other information such as available groundwater modeling studies (see Task
1 below).
Consistent with the provisions of Part B — General Terms and Conditions as well as the
provisions of RCW 43.21A.690 and RCW 90.03.265, the following describes the specific tasks,
budget detail, and schedule for the scope of work to be performed by Ecology and :its consultant,
Geomatrix, to be subsequently reimbursed by the City of Auburn pursuant to this CRA.
Accordingly, the Parties signatory to this Agreement agree:
Task 1: Water Right Application Review and Data Gap Summary. This task will include:
• Review of hydrologic and hydrogeologic data from the files available through
Ecology, the City of Auburn, the City's consultant, and other sources;
• Determination of senior applicants in the same source of water supply, preparation of
a technical memorandum summarizing the same source determination, and assembly
of a final list of senior applications requiring processing;
• Review of City of Auburn's and senior water right application files to identify intent,
available supporting information, and potential data gaps;
• Review conceptual mitigation options proposed by the City of Auburn, and meet with
applicant and Ecology to discuss comments. It is assumed that final mitigation plans
will not be submitted by the applicant until Phase II processing;
• Initial contact with senior applicants, including confirming the applicants' intent to
pursue the water rights in question, and preparation of letters requesting any
additional supporting information, including mitigation proposals;
• Attendance at meetings and participation in conference calls with Ecology staff in
Bellevue and with the City and its consultant in Auburn, as requested; and
• Preparation of a memorandum Phase I report summarizing data gaps and issues to be
resolved prior to completing ROES for the set of applications requiring processing.
Washington State Department of Ecology
Cost -Reimbursement Agreement (CRA) Current For: FY 2005
Part A — Special Terms and Conditions and Scope of Work Page 3 of 5
Boiler Plate Last Updated: B-10-04
Task 2: Preparation of Scope of Work, Schedule, and Budget for Phase II. This task will
include:
• Development of a scope of work to complete processing and preparation of ROEs
water right applications submitted by the City of Auburn, as well as senior applicants
within the same source of water.
• Development of the estimated schedule and budget for completion of the scope of
work for Phase II.
Consultant Phase I Costs -
Phase 1 — Information Review and Associated Tasks:
Estimated Number of Consultant Hours = 363 Hours
° Estimated Consultant Cost = $ 49,843.00
° Estimated Phase I Completion Date = 12 Weeks From Effective Date
°
Ecology Direct and Backfill Cost—
Estimated
ost
Estimated Number of Ecology Hours to be Billed to Applicant for Direct
Work on Project = 50
Hours
° Estimated Ecology Costs to be Billed to Applicant for Direct Work on
Project = $ 2,750
° Estimated Backfill Dollars Available for Backfill Consultant. Cost =
$4,000 (50 hours x $135/hr averaize consultant rate = [$6,750- $2,750
(Ecology direct cost)] _ $4,000.
�.Y
Tasks Budizet Schedule
A. Phase I $ 49,843 12 weeks from Ecology
Signature of Geomatrix
Work Assignment
B. Ecology Direct Costs $ 2,750
C. Ecology Backfill Costs $ 4,000
TOTAL
$ 56,593
Washington State Department of Ecology
Cost -Reimbursement Agreement (CRA)
Part A — Special Terms and Conditions and Scope of Work
Boiler Plate Last Updated: 8-10-04
Current For: FY 2005
Page 4 of 5
Notes:
1. Total Budget Phase I 56,593
2. Cost Reimbursement End Date = June 30, 2007
3. Informational task, budget, and schedule summary presented here is for
informational purposes only. Ecology tracks and manages task, budget, and
schedule.
4. A formal written and signed amendment to this CRA is required to extend the
total project budget amount or final completion date stated herein.
V. Effective Date
The effective date of this CRA, as well as any formal written and signed amendment, is
the date of signature by the Washington State Department of Ecology.
The Parties hereto have agreed to the tasks, budget detail, and schedule described herein
Part A. This entire agreement, consisting of Part A — Special Terms and Conditions and
Scope of Work, Part B — General Terms and Conditions, and any formal written and
signed amendment, can only be modified by a subsequent formal written and signed
amendment as described in Section II.E.3. of Part B — General Terms and Conditions.
Applicant's Authorized Official: Ecology's Authorized Official:
By:
By:
Title:
Title:
Date:
Date:
Address:
Address: P.O. Box 47600
City, State, Zip:
City, State, Zip: Olympia, WA. 98504
Telephone #:
Telephone #: 360-407-6600
E-mail:
E-mail:
Fax:
Fax: 360-407-7153
M
Washington State Department of Ecology
Cost -Reimbursement Agreement (CRA)
Part A — Special Terms and Conditions and Scope of Work
Boiler Plate Last Updated: B-10-04
Current For: FY 2005
Page 5 of 5