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Home My WebLink About2988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 2 9 8 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR WATER LINE INSTALLATION UNDER THE GREEN RIVER BY OPEN CUT METHOD BETWEEN THE CITY AND THE MUCKLESHOOT INDIAN TRIBE. WHEREAS, the MUCKLESHOOT INDIAN TRIBE ("MIT") and the City of Auburn ("Auburn") have a common interest in ensuring that the natural resources provided by the Green River are adequately protected; and WHEREAS, Auburn requires an additional water line crossing the Green River in order to improve its existing water system; and WHEREAS, extensive geotechnical exploration has demonstrated that an open cut river crossing method, which is described in Agreement attached, is technically the surest, safest, and most economical method for installing a water line river crossing; and WHEREAS, the parties agrees that any temporary environmental damage resulting from the open cut water line river crossing can be mitigated, and such mitigation should include the restoration of salmon habitat; and WHEREAS, MIT is best suited to perform salmon habitat restoration work but requires monetary assistance for such restoration efforts. Resolution No. 2988 July 17, 1998 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section l. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute an Agreement for Water Line Installation under the Green River by open cut method between the City and the MUCKLESHOOT INDIAN TRIBE. A copy of said Agreement is attached hereto, designated as Exhibit "A", and a copy of letter dated June 29, 1998 setting forth clarification of paragraph 3 of said Agreement is attached hereto as Exhibit "B" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 3rd day of August, 1998. CITY OF AUBURN ~'6~ CH~LES~A~OOTH MAYOR Resolution No. 2988 July 17, 1998 Page 2 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 2988 July 17, 1998 Page 3 AGREEMENT FOR WATER LINE INSTALLATION UNDER THE GREEN RIVER BY OPEN CUT METHOD This agreement is entered into between the City of Auburn, a MuniciPal corporation under the laws of the State of Washington, herein after referred to as "Auburn," and the Muckleshoot Indian Tribe, a federally-recognized Indian Tribe located on the Muckleshoot Indian Reservation, within King and Pierce Counties, hereinafter referred to as "MIT." WHEREAS, MIT and Auburn have a common interest in ensuring that the natural resources provided by the Green River are adequately protected; WHEREAS, Auburn requires an additional water line crossing the Green River in order to improve its existing water system; and WHEREAS extensive geotechnical exploration has demonstrated that an open cut river crossing method, which is described as follows, is technically the surest, safest, and most economical method for installing a water line river crossing; and WHEREAS the parties agree that any temporary environmental damage resulting from the open cut water line river crossing ("Open Cut Project") can be mitigated, and such mitigation should include the restoration of salmon habitat; and WHEREAS MIT is best suited to perform salmon habitat restoration work but requires monetary assistance for such restoration efforts; NOW THEREFORE, in consideration of the provisions and conditions set forth herein, it is mutually agreed by Auburn and MIT as follows: I. Auburn will obtain all necessary permits related to the water line crossing. Auburn will fund and. administer the crossing installation in accordance with the terms of this Agreement. Auburn will pay MIT thirty thousand dollars ($30,000) within thirty (30) days of execution of this Agreement for use by MIT for salmon habitat restoration in the Green River, at the discretion of MIT. In addition, after Auburn pays MIT said sum, MIT may at its discretion contract for the rental of equipment for salmon habitat restoration projects in the Green River and Auburn agrees to pay up to twenty thousand dollars ($20,000) toward such rentals upon submission by MIT of invoices. Payment by Auburn for such rentals shall be within twenty (20) days of receipt of invoices submitted by MIT. 2. MIT agrees not to oppose Auburn in its efforts to obtain the necessary permits and easements for its water line installation work. MIT will use the funds from Auburn for salmon habitat restoration in the Green River. Exhibit "A" Resolution No. 2988 3. Proposed Open Cut Project Description: The Open Cut Project will occur as follows, unless modified by a permit issued by state or federal agency. The open cut method will require the use of inflatable dams, which are large flexible tubes inflated with river water on-site. After the dams have been placed around the excavation area across approximately two-thirds of the river, the area inside the dam is pumped to a holding area as stipulated in the approved Hydraulic Permit Approval (HPA) to allow for settling prior to discharge into the river. The remaining one-third of the river channel will remain undisturbed and will carry the river's flow during this operation. Ductile iron class 52 pipe with restrained joints at the vertical bends will be installed in the dry portion of the river using conventional trenching methods and will be reinforced by a steel beam and encased in concrete. The backfill material used will be native material, except for the top eighteen (18) inches will be gravel of a size stipulated in the HPA. After installation of the pipe in the dry portion of the river, the area inside the dam will be filled with river water at a rate stipulated in the HPA, and the dam removed as stipulated in the HPA. This process will then be repeated by placing the dam two-thirds of the way across the river from the opposite bank. The river banks that will be open cut will be restored stipulated in the HPA. 4. Dispute Resolution - Mediation. In the event that a dispute arises between the parties, the parties shall make a good faith effort to resolve any conflict between them. In the event the parties are unable to resolve said dispute within ninety (90) days, either party may request mediation. Mediation shall be commenced by the party requesting it notifying the other party in writing of its request for mediation. The parties shall within twenty (20) days from such request mutually agree on the mediator to carry out the mediation. Mediation shall continue for no more than one hundred twenty (120) days, at which point the mediation shall be deemed failed unless the parties have reached an agreement and have had such agreement approved by the governing bodies of each respective party. Each party will bear its own costs of mediation. In the event such mediation fails to resolve said dispute, either party may seek appropriate remedies from any court of competent jurisdiction. 5. MIT agrees to indemnify and hold harmless Auburn, and its agents and employees, from and against all claims, damages, losses, and expenses, including reasonable attorneys' fees, which originate from events that occur pursuant to this Agreement, including, but not limited to, floods, spillage, property damage, personal injury, except that this indemnification shall not apply to the negligent or intentional acts of Auburn and/or its agents and employees. 6. Each party agrees that it will execute any and all instruments, documents and resolutions or ordinances necessary to give effect to the terms of this Agreement. 7. This Agreement may be modified only by writing approved by resolutions adopted jointly by the Auburn City Council and the Muckleshoot Tribal Council. Exhibit "A" Resolution No. 2988 8. This Agreement has been mutually negotiated between the parties. No adverse inference or ambiguity shall be construed against the party that drafted any part of this Agreement. Nothing in this Agreement shall be construed to make or render the parties hereto partners, joint venturers, or participants in any joint undertaking whatsoever. 9. This Agreement shall become effective upon execution by MIT and Auburn. Joh,~niel~, J .~':~' '~" ( C~!~irperson, Muckleshoot India~ Tribe Charles A. Booth Mayor, City of Auburn Date A/,I~PROVED AS TO FORM: Michael J. Reynolds Auburn City Attorney Karen AIIst(~n Muckleshoot Tribal Attorney Exhibit "A" Resolution No. 2988