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HomeMy WebLinkAbout4031 RESOLUTION NO.4 0 3 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE, IN THE AMOUNT OF NINETY FIVE THOUSAND TWO HUNDRED TWENTY THREE DOLLARS ($95,223) TO IMPROVE STREAM FLOW AND FISH PASSAGE IN MILL CREEK at 15th Street NW AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNITED STATES DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE WHEREAS, The purpose of this Cooperative Agreement is to provide Federal fiscal year 2006 funds from the U.S. Fish and Wildlife Service National Fish Passage Program to the City of Auburn in order to accomplish restoration activities in the Green/Duwamish and Central Puget Sound watershed (WRIA# 9); and WHEREAS, The City of Auburn has made it a policy through the comprehensive planning process to identify the types and qualities of aquatic resources within its borders and further develop plans and programs for the protection and enhancement of these resources based on their characteristics. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The City of Auburn hereby accepts the grant from the U.S. Department of the Interior, Fish and Wildlife Service in the amount of Ninety Five Thousand Two Hundred Twenty Three dollars ($95,233) for the purposes of designing a new culvert crossing and habitat improvements across 15th Street NW in Auburn, WA. Section 2. The Mayor and City Clerk of the City of Auburn are authorized to execute the necessary agreements with the U.S. Department of the Interior, Fish and Resolution No. 4031 May 10, 2006 Page 1 of 2 Wildlife Service for the reimbursement of said funds. A copy of the grant and its associated conditions is hereby attached and designated Exhibit "A" and is incorporated by reference herein. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall be in full force and effect upon its passage and signatures hereon. DATED AND SIGNED THIS 5~'- day of JVvY\'-'-- ,2006. CI ./ ~ ATTEST: iJ~~ Dan~e E. Daskam, City Clerk Resolution No. 4031 May 10, 2006 Page 2 of 2 COOPERATIVE AGREEMENT between the U.S. FISH AND WILDLIFE SERVICE And the CITY OF AUBURN USFWS AGREEMENT: #13320-6-JOI4 Code: #13320-1332-0000-W4 Amount Obligated: $95,223 DUNS# 032942575 Recipient TIN: 91-6001228 CFDA Number: 15.608 I. TYPE OF AGREEMENT: Cooperative Agreement II. TYPE OF ORGANIZATION State, Local or Indian Gov. III. PARTICIPANTS: Funding Organization: U.S. Fish and Wildlife Service Western Washington Fish and Wildlife Office 510 Desmond Drive S.E., Suite 102 Lacey, Washington 98503-1263 Recipient Organization: City of Auburn 25 West Main Street Auburn, Washington 98001-4998 IV. PROJECT OFFICERS: For U.S. Fish and Wildlife Service: Name: J.F. (Paco) Rodriguez Phone: (360)753-4066 Email: julio Jodriguez@fws.gov For Recipient Name: Aaron C. Nix Phone: (253) 288-7432 Fax: (253) 804-3114 Email: anix@auburnwa.gov V. PURPOSE/OBJECTIVE: The purpose ofthis Cooperative Agreement is to provide Federal fiscal year 2006 funds from the U.S. Fish and Wildlife Service National Fish Passage Program to the City of Auburn in order to accomplish restoration activities in the Green/Duwamish and Central Puget Sound watershed (WRIA #9). VI. AUTHORITY: This Cooperative Agreement is hereby made and entered into by and between the Department of the Interior, U.S. Fish and Wildlife Service (hereinafter referred to as the FWS) and the City of Auburn (hereinafter referred to as the City) under authority ofP.L.101-512; The Department of the Interior and Related Agencies Appropriations Act, 1991; the Fish and Wildlife Act of 1956 (16 U.S.C. 442a -754); the Fish and Wildlife Coordination Act 1958 (16 U.S.c. 661-667e); the Endangered Species Act 1973; the Anadromous Fish Conservation Act, as amended (16 U.S.C., 757a -757f), and 4 AM 4.1E(1)(a); and the Federal Cooperative Agreement Act (31 U.S.C., 6301-6308). VII. FUNDING INFORMATION: The FWS will provide Federal fiscal year 2006 funding in the amount of ninety-five thousand two hundred and twenty-three dollars ($95,223.00) to reimburse the City for costs incurred pursuant to this Cooperative Agreement, and in accordance with the proposed budget Attachment I (Project Proposal& Budget). The City, in conjunction with contributing partners, will provide cost share of approximately seven hundred andfifty-eight thousand dollars ($758,000.00) for project implementation. Nothing herein will be considered as obligating the FWS to expend funds, provide services, or otherwise obligate the FWS for the future payment of money in excess of appropriations authorized by law and administratively allocated for the activities associated with this Cooperative Agreement. Funding in future years is dependent upon the congressional appropriations to the FWS. VIII. TERM OF AGREEMENT: This Cooperative Agreement will become effective upon the date of the last signature and will expire on December 31, 2008. Cooperative Agreement# 13320-6-JO 14 2 IX. SPECIFIC OBLIGATIONS OF EACH PARTY: A. The FWS will: 1. Provide technical assistance to ensure environmental compliance with the Endangered Species Act, National Historic Preservation Act, National Environmental Policy Act, and FWS environmental contaminants survey guidance. The project may not be implemented until such compliance has been satisfactorily completed. The City, however, is ultimately responsible for ensuring that all applicable Federal, State and local permits are obtained for work performed under this Cooperative Agreement. 2. Work with the City to plan post project monitoring, and report this and other project information to NOAA Fisheries. This is to ensure compliance with the terms and conditions outlined in the Programmatic Biological Opinion for FWS habitat restoration activities in Washington State. 3. Work with the City, when requested, to ensure that contributing partners will be held responsible for the monetary matches or in-kind services documented in the project application. If contributing partners cannot provide the documented monetary matches or in-kind services, the City will not be held responsible for the loss of monetary matches or in-kind services. 4. Provide review of summary and final reports as identified in Section X of this Cooperative Agreement. B. The City will: 1. Utilize the funding provided under this Cooperative Agreement for salaries, equipment, and materials as listed in Attachment I (Project Proposal and Budget) to perform restoration activities as described in Attachment I. Any future deviations from the procedures or objectives specified in the proposal must be presented to and approved by the FWS for specific approval before implementation. 2. Ensure that a signed Landowner Agreement with each participating landowner is obtained and signed by all appropriate parties before project implementation. The Landowner Agreement will follow or be similar to the format shown in Attachment II (Landowner Agreement) and will be in effect for a minimum of 10 . years. All signed, original Landowner Agreements will be provided to the FWS. Cooperative Agreement# 13320-6-JOI4 3 3. Ensure that project implementation will not proceed until all required permits, authorizations, environmental compliance processes (federal, state, and local), and FWS approvals are obtained. Documentation of such will be provided to the FWS upon request. 4. Document all monetary matches or in-kind services provided by contributing partners in the final report for this project. The final report should follow the format in Attachment III (Project Reporting Form). 5. Acknowledge the National Fish Passage Program, and the FWS as a partner and funding source in published materials, during media/public relation's events, and at professional conference presentations, when projects funded under this Cooperative Agreement are featured. 6. Work with the FWS to conduct pre- and post project information and monitoring, and report to the FWS using the suggested Project Reporting Form (Attachment III). The FWS will use this and other project information to report to NOAA Fisheries. This is to ensure compliance with the terms and conditions outlined in the Programmatic Biological Opinion for FWS habitat restoration activities in Washington State. 7. Provide certainty that funding does not violate cost-sharing criteria of other agreements with Federal, State, Tribal or Local government agencies. X. REPORTING REQUIREMENTS A. Annual progress reports detailing project accomplishments will be submitted by the City to the FWS Project Officer identified on page one. These reports should be submitted to the address identified in Section IV by September 30th of each year. A final report will be due within 90 days following the ending date specified in this Cooperative Agreement. The Project Reporting Form (Attachment III) provides the suggested format for both quarterly reports and the final report. B. A final Standard Form 269A, Financial Status Report (Attachment IV) will be completed and provided to the FWS (Attention: Cooperative Agreements Assistant) within 90 days following the ending date specified in this Cooperative Agreement; or upon completion and payment of all projects, whichever comes first. Cooperative Agreement# 13320-6-JO 14 4 XI. INVOICING/ACCEPTANCE PROCEDURES: A. All recipients not currently receiving funds electronically from the Department of the Interior or Fish and Wildlife Service are responsible for completing a Standard Form 3881 ACH Vendor/Miscellaneous Payment Form (Attachment V), and return it with the signed duplicate copy of the Cooperative Agreement. B. The City will submit requests for advance or reimbursement using Standard Form 270, (Attachment VI) Request for Advance or Reimbursement, no more frequently than monthly. Advance or reimbursement will be made on the basis of submission by the City of acceptable documentation as defined by the FWS. Acceptable documentation for advances will be submission by the City of the estimated cost of a project phase prior to FWS advancing funds. This will be followed by the verification of actual cost incurred by the City through submission of copies of invoices for cost of supplies and/or services actually procured and applied to the project. Acceptable documentation for reimbursement should include an itemized list of expenditures for supplies and or services actually procured and applied to the project for the reimbursement period. The City will request reimbursement of project costs at least twice annually. Each request should reference Cooperative Agreement #13320-6- J014 and the Project Title:"15th Street Habitat/Culvert Replacement." INVOICING ADDRESS U.S. Fish and Wildlife Service Attn: Linda Kluemper, Cooperative Agreements 510 Desmond Drive S.E., Suite 102 Lacey, Washington 98503-1263 Any questions concerning billing or payment information should be directed to: Linda Kluemper (Cooperative Agreements) at (360) 753-6051, or linda kluemper@fws.gov. C. Agreements with no financial activity for 365 days will be reviewed by the FWS and may be canceled and the funds deobligated. D. Should the City be unable to complete the provisions of this Cooperative Agreement, all monies provided by the FWS which prove to be cancelable obligations or unallowable in accordance with applicable administrative and cost principle regulations (as referenced in the "Applicable Regulations" Section of this Cooperative Agreement) or the approved budget, shall be refunded to the FWS. Cooperative Agreement# 13320-6-JO 14 5 E. This Cooperative Agreement is intended to support a particular project for a specified period of time. Any portion of funds not expended by the expiration date of this Cooperative Agreement shall be returned to the FWS, including any interest earned on that amount (subject to provisions of applicable OMB Circular or 43 CFR Part 12 Subpart, as referenced in "Applicable Regulations" Section of this Cooperative Agreement). XII APPLICABLE REGULATIONS: A. The City must submit with this Cooperative Agreement, Standard Form 424, Application for_Federal Assistance, along with Standard Form 424D, Assurances Construction Programs (Attachment VII). In addition to the assurances listed on Standard Form 424D, the City certifies compliance with the following regulations, as applicable, incorporated by reference with the same force and effect as if they were provided in full text. Failure of the City to comply with any provision may be the basis for withholding payments for proper charges made by the recipient and for termination of support. 1. OMB Circular A-1 02, Grants and Cooperative Agreements with State and Local Governments as codified at 43 CFR Part 12, Subpart C 2. OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations as codified at 43 CFR Part 12, Subpart F 3. OMB Circular A-21, Cost Principles for Educational Institutions 4. OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments 5. OMB Circular A-122, Cost Principles for Non-Profit Organizations 6. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations 7. 43 CFR Part 12, Subpart D - Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug Free Workplace 8. 43 CFR Part 12, Subpart E - Buy American Requirements for Assistance Programs 9. 43 CFR Part 18 - New Restrictions on Lobbying Cooperative Agreement# 13320-6-JOI4 6 10. 48 CFR Part 31.2 - Contracts with Commercial Organizations 11. 48 CFR Part 52.215.2 - Audit and Records - Negotiation Copies of the above documents are available at the following websites: http://www. whitehouse.gov/OMB/circulars/index.html or www.doi.gov/pamJpamfaeg.html B. Small Business Policy: Reference 505 DM 3.5 C(1)(a): It is a National policy to award a fair share of contracts to small and minority business firms. The Department ofthe Interior is strongly committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. 1. The grantee and sub grantee shall take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. 2. Affirmative steps shall include: (i.) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii.) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii.) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv.) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (v.) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce as appropriate, and (vi.) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in 2 (i) through (v) above. Cooperative Agreement# 13320-6-JOI4 7 XIII. TERMINATION This Cooperative Agreement may be terminated by any party following 30 days written notification to the other party(s). XIV. MODIFICATION PROCEDURES: Modifications to this Cooperative Agreement may be proposed by either party at any time during the period of performance and will become effective upon written concurrence of both parties. Work completed prior to approval of a modification is done at the City's risk, without expectation of reimbursement. XV. SPECIAL PROVISIONS: A. If the FWS or any other agency identifies a need for timing restrictions, or other project modifications in order to minimize impacts to fish, wildlife, and their supporting habitats, the City will incorporate such restrictions or modifications into their project implementation. B. In the event that the City, the FWS, or others identify cultural resources during restoration project implementation, on-ground work will be suspended. Work may proceed after the FWS receives clearance for the project and informs the City that work may resume. C. Seat Belt Policies and Programs: Recipients of grants/cooperative agreements and/or sub-awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company-owned, rented, or personally-owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. D. Greening Policies and Programs: In accordance with Executive Order 13101 "Greening the Government Through Waste Prevention, Recycling and Federal Acquisition," recipients of grants/cooperative agreements and/or sub-awards are encouraged to actively and systematically protect the natural processes that sustain life by whenever possible, incorporating environmentally preferable products in their activities. These measures include, but are not limited to, re-refined oil for all vehicles and heavy equipment, diverting solid waste from disposal in landfills through recycling and use of materials that reduce greenhouse gas emissions. Cooperative Agreement# 13320-6-JO 14 8 XVI. RELATED ATTACHMENTS: Attachment I. Attachment II. Attachment III. Attachment IV. Attachment V. Attachment VI. Attachment VII. Project Proposal and Budget Landowner Agreement Project Reporting Form Standard Form 269A, Financial Status Report Standard Form 3881 ACH Vendor/Miscellaneous Payment Form Standard Form 270, Request for Advance or Reimbursement Standard Form 424, Applicationfor Federal Assistance, Standard Form 424D, Assurances Construction Programs FOR THE U.S. FISH AND WILDLIFE SERVICE: By: Printed Name & Title: Daniel H. Diggs Assistant Regional Director, Fishery Resources /It-tlA .-, signature~ ~bUl/,l- Date: L;i'l~/<% FOR THE CITY OF AUBURN: (j , Printed Name: \ -' e -t-e Signature: ~ S> ''\ \ J 8jc, y~ Title: s JUN5 _ Date: FWS CONTRACT SUFFICIENCY REVIEW: Printed Name: ~~J Tht; mlL-< Title: Contracting Officer, FWS# Iq'7.z~ Signature~'-'r~ Cooperative Agreement# 13320-6-JO 14 Date: #.., ~ -Or, 9 Attachment I. . , This information is only required from those applicants whose projects may receive funding in FY2006, in order for Service biologists to complete the cooperative agreement and environmental compliances. Service biologists will notify you if your project will receive funding, and therefore you will need to provide this information. Our preference is to receive electronic copies bye-mail. However, questions 9, 12, 13, 14, 18, and 19 require a signature or are photocopies, therefore, these forms need to be mailed separately as a hardcopy. This information must be received in our office by March 24. 2006. 1. Project Proposer/Organization: City of Auburn Contact Person: Aaron C. Nix Mailing Address: 25 West Main Street, Auburn, W A 98001-4998 Phone: (253) 288-7432 Email: anix@auburnwa.gov Landowner Organization/Contact Person (if different): Phone (if different): 2. Project Title: 15th Street Habitat/Culvert Replacement Project 3. Project Location: a. Legal Description: Section/Township/Range - SW 1221 4 b. GPS coordinates 47.32239 Latitude 122.24697 Longitude 4. Project Schedule: Provide the projected schedule of events from the anticipated start work date, insJr(!Cl11'lY1Jf!~~Ee:T.~f!ds, and total work duration (# days)/or this project and its monitoring. L~o~~!~e.I!l... . ....... ... .... . . t~!~~t!l.~!~.. ... L~!!~!l~!~... L!l!!t:~~~!!.(~~Y~) ,... I.. Monitoring December December 12,190 2004' 2010 ^'....,_."~..,'..,_._.,_,,._.."_,_,.,_,._.,_,_..,.,.._..,_....,_._.._..._,,_....,...,., _,_ '___"_._,_ "",,_ _~".,_".,._,.,,"_'".,.___,.,_,"_ _ ....'_",.".."".._,,,_.,",,,,,__,...'mn"'" "-" -'-_."",-.,,,.,'-"'-' ,. t~~l~~~t~~~i~~ . I Mar~h 2006 ~:~;mber t~~o I.~e~:it~~~ ..IMJ.~~~~~~~ ~~~;uary I'~~~"'M_M . 1~~~s~~~~~~~l~~~~~~' ~oc:;ber ll~~ L L., L . ..... HH.." L I.. L 5. Permit Requirements: 1]>~~l!li!1"I"~11~~ .. t~.JJ:]>~~I!~.~~i~! I. ~~~I!i.!!g!()!!~!~!~.!l'Yll.~~!!!i.~~,.... List all permits required to implement your project. t]>~~l!li!1"I"~!!l~. .. ... ............ . t~Q.JJ:..W~!.~!'Q!!~!i.!Y ~~~~!i.~~!i~.!!., ... 'r~;!;ii . 1~~~~~~1:igl!:49~p~rJ!.1i!_ , 6. Contaminants: Not know at this time. [' 1- ~~I 7. Area of Potential Effects: Construction elements will be decided once design is complete 8. Setting: Briefly describe the environmental setting of the Area of Potential Effects. a. What was the natural habitat prior to modifications, reclamation, agriculture, settlement? Prior to major roadway construction and farming activities, the Mill Creek Valley was a thriving feeder stream system that found its way into the Green River near Kent, W A. b. What is the land-use history? When was itfirst settled, modified? How deep has it been cultivated, grazed, etc.? The land near the Mill Creek valley became settled at the turn of the Twentieth Century. Farming was the predominant land-use until the late 1960's when industrial land uses began to become more common. c. What is the land use and habitat today? What natural agents (e.g., sedimentation, vegetation, inundation) or cultural agents (e.g., cultivation) might affect the ability to discover cultural resources? Because the Mill Creek system has been highly degraded via both natural and cultural agents, including; farming, roadway construction, sedimentation and industrialization, the habitat has been degraded. In habitat areas that have been left alone for some time, nature has been slowly healing itself. d. Do you (or does anybody else) know of cultural resources in or near the project area? Significant amounts of historical aerial photography and written text exist at the White River Valley Museum in Auburn, W A and the University of Washington in Seattle. . 9. Map: 10. Trees: Will be determined after design. 11. Vegetation: Will be determined after design. 12. HP A: See project implementation schedule above. 13. Standard Forms: Please submit a signed copy of the appropriate forms. You can locate these standard forms at www.gsa.gov or contact a Service biologist for a hardcopy version. Once at the website: 1) Click on "Federal Forms" located under e-TOOLS: Online Services 2) Type in SF424 in "Search All Forms by Name or Number" box, hit enter 3) Then scroll down and click on appropriate forms: For Non-construction projects: . SF424 Application for Federal Assistance . SF424B Assurances - Non-construction Programs For Construction projects: . SF424 Application for Federal Assistance . SF424D Assurances - Construction Programs 14. ACH Vendor/Miscellaneous Payment Enrollment Form: Please submit a signed copy of the appropriate form. You can locate this standardform at www.gsa.govor contact a Service biologist for a hardcopy version. Once at the website: 1) Click on "Federal Forms" located under e-TOOLS: Online Services 2) Type in SF3881 in "Search All Forms by Name or Number" box, hit enter 3) Then scroll down and click on the appropriate form 15. Central Contractor Registration: Is your organization registered in the Central Contractor Registration database, and is the iriformation current? Yes, according to the website. What is your DUNS number? 032942575 16. Administration: a. Has your organization ever been audited and if so when and what were the findings? Annually obtain clean audit standing and GFOA awards for Financial and Budget documents b. Describe your organization's business management policies such as: budget formulation, financial systems, personnel systems, and property management. Annual budget developed under direction of the Washington State Auditors "Budgeting, Accounting and Reporting System" (BARS) c. Also, describe your organization policy for files' management, project reporting, invoicing for reimbursement of grant expenditures and knowledge of the OMB circulars that are pertinent to your organization (i. e. nonprofit, tribe, state or local government.) Local governmental process using EDEN Financial Software developed to track project revenue expenditures and budget balances 17. Budget: A Service biologist will coordinate with you if it is necessary to modifY the budget that was submitted with your application. If it is not necessary to modifY the budget, then your previous budget will suffice, and you are not required to submit a new one at this time. Final cost estimate will be done when design is complete. Initial estimates put the project cost at $850,000. 18. Cost Share Commitment Letter: Fill out one form for your organization and every partner that is contributing to your proj ect. The Citv of Auburn, W A is assisting in watershed restoration activities in the Green-Duwamish watershed. The City of Auburn will contribute the following cost share to Project: 15th Street Culvert Replacement, pending project implementation. This break-down is dependant on the design concept that is scheduled to be finished by the end of 2006. CONTRIBUTION $ VALUE DETAILED DESCRIPTION Cash $300,000 Money dedicated toward the construction ofthe culvert replacement project Labor Supplies/Materials Equipment Travel Training Administration Monitoring $50,000 Water Quality/Quantity monitoring for the extent of the project life Public Outreach $10,000 Educational kiosks and signage explaining the project and its benefits to the watershed Other: $40,000 $400,000 artner Signature) Name: j)A1A~ (:yMSS I Title: P{4rJN'1 Dlr ( (-fro-y Date: 3/2,3/ Dip { { Permitting and studies dedicated toward project approval Address: ;~ tJe&!- ~ SJy~ !4uWt!, 0lKf 1~~1 { Telephone: (l~3) C/3/- 3010 I . 19. . Landowner Agreement: Fill out one form for every entity/individual that owns land on the project site. Landowner Agreement for Restoration Activities This Landowner Agreement (agreement) dated and effective this ;}3 day of (}1 t4-V~ , 200 ~ is by and between Landowner: The City of Auburn Address: 25 West Main Street, Auburn, WA 98335 and U.S. Fish and Wildlife Service (USFWS) 510 Desmond Drive SE, Suite 102 Lacey, W A 98503-1263 and is entered into pursuant to authority contained in Section 1 of the Fish and Wildlife Coordination Act, 16 U.S.C. 661 and Section 7 ofthe Fish and Wildlife Act of 1956, 16 U.S.C. 742f(a)(4). The signatories to this agreement, join in conducting certain restoration activities to benefit fish and wildlife resources on lands owned by The City of Auburn in the Green/Duwamish Watershed, King County, State of Washington. The specific location and work to be completed is described in the project application, attached hereto and incorporated herein. The terms of this agreement will be for 10 years beginning April , 2006, and ending April , 2016. During this period, the Landowner agrees to not intentionally compromise the integrity of the restoration work and site. The Landowner also agrees to provide reasonable property access to the Cooperator and USFWS to plan, complete, and monitor the long-term condition of the restoration site. This agreement may be modified at any time by mutual written consent by authorized representatives of all the parties. Any party may seek termination of this agreement by providing notice in writing to the other parties that it desires the agreement to be terminated. Such termination shall be effective thirty (30) days after authorized representatives of all parties have agreed in writing to such termination. If termination is initiated by the Landowner or Cooperator, and the USFWS does not concur with the termination, the USFWS will be reimbursed for the portion of the costs of the restoration project provided by the USFWS. This agreement does not authorize the Cooperator or USFWS to assume jurisdiction over, or any ownership interest in, the premises. The landowner retains all rights to control trespass and retains all responsibility for taxes, assessments, and damage claims. Each of the parties to this agreement agrees that it will be liable for its own acts and the acts of its employees, agents, representatives, subsidiaries, or affiliates, and the results thereof, in connection with the perforn1ance of its obligations under this agreement, and for its own acts and the acts of its employees, agents, representatives, subsidiaries, or affiliates, and the results thereof, that occur on the land, unless ! s-iIch acts or results arise from the negligent or willful acts, or omissions of the other parties to this agreement, their employees, agents, representatives, subsidiaries, or affiliates. A change of ownership shall not change the terms of this agreement. The agreement and terms shall be in effect on the described land for the period of the agreement unless the agreement is terminated earlier according to the provisions contained herein. The Landowner will notify the City of Auburn and USFWS of changes in ownership within thirty (30) days. In the event of such transfer of ownership, the Landowner shall provide a copy of this agreement to the succeeding owner prior to such transfer. Upon expiration or termination of this agreement, the Landowner assumes full and complete responsibility for all restoration developments made under this agreement. Auburn, W A guarantees ownership of the above described land and warrants that there are no outstanding rights which interfere with this agreement. CZv L~ . A I lritv P ( AWltJ {lJq Dittb/rvr . ! Print Name/Title (if any) Date hrOM'j~ 3/Z31()~ Landowner L (?,Y ~. '---'" --- AquL ~$5 P[/frtJ,v/IJc, !J/r~ f g/Z,3/0b Cooperator Print Name/Title Date U.S. Fish and Wildlife Service Representative Print Name/Title Date . , 750 J< I) -+-- DL f4o"1..o)'II'!'\"",c~ / (){) K 7/1 ~ OLI /l'~ Pre-proposal for FY2006 Watershed Restoration Funds for: Puget Sound, Partners for Fish and Wildlife, and Chehalis Fisheries Restoration Programs 1. Project Proposer/Organization: Organization: City of Auburn Contact Person: Aaron C. Nix, M.P.A. Mailing Address: 25 West Main Street, Auburn, W A 98001-4998 Phone: (253) 288-7432 Fax: (253) 804-3114 Email: anix@auburnwa.gov 2. Project Title: 15th Street Habitat/Culvert Replacement Project 3. Project Location: a. County: King County b. WRIA name and number: WRIA #9, Green/Duwamish and Central Puget Sound Watershed c. The project is located in once significant spawning and rearing habitat along Mill Creek within the City limits of Auburn, W A d. The culvert and habitat area is located rs~~ti~;T~~-;hi~/R~~~,---,-w"I-swi2-2i-4..w_.--"..w__.-- "-~--'._-------"'-"-'l 4. What is the main focus of the project? See p.4 ofRFP _Text. doc and check only one of the following: 1 /.. I ()~I \ i1'!' ,,6 'o~ tlQO ~ SO 0'"' x.. On-the-ground Aquatic/Riparian restoration _ On-the-ground Upland restoration _ Assessment (Chehalis Fisheries Restoration Program only) _ Outreach and Education (Cheha1is Fisheries Restoration Program only) 5. Project Objectives and Benefits: Describe the projects objectives and benefits. QuantifY, in measurable terms, the amount of habitat and/or species benefited (examples: # of riparian acres planted, # of stream miles reopened). ",Jvl)-I".Ji- -" (i'l~ ,tOlD ! r, ,J An area that was once plentiful with significant salmon habitat and well functioning wetland systems has degraded over time with the construction of state highway 167 and farming land that has laid fallow for many years. The Mill Creek corridor is unique in that it still maintains significant potential for restoration. The 15th Street culvert replacement project will allow for improved fish passage and will allow for work to begin in improving the wetland system upstream of the blockage. The City of Auburn has actively pursued the preservation of approximately 185 acres of open space upstream of the 15th Street NW culvert proj ect in order to help rehabilitate Mill Creek and its associated wetland systems. Restoration work will commence, once the blockage at 15th Street NW is eliminated (Summer of 06' or 07'). 1 . , The 15th Street NW culvert has been studied and identified as a significant bottleneck to improving habitat accessibility and in improving water quality within the Mill Creek system. Upstream of the culvert lies approximately 20 miles of spawning and rearing habitat for Coho, Chum and potentially Chinook salmon. Water quality sampling throughout this corridor suggests that the 15th Street NW bottleneck contributes to higher than normal temperatures in Mill Creek, low dissolved oxygen levels and less than desirable conditions. Stream flows have been shown to slow significantly due to this bottleneck, creating an environment for poor fish passage and highly degraded water quality. / ) }-"" , .1.J2- r; 9>>-,,~> 6. Project Description: This project proposes to open vital habitat for salmon and other aquatic life as documented by the Mill Creek Special Areas Management Plan (SAMP). Currently, three (3) eight-foot box culverts feed the system upstream under West Main Street. There currently exists one (1) eight foot box culvert under 15th Street NW that drains the entire area. Obviously, due to sizing constraints, the culvert limits flow within Mill Creek and creates a damming effect that hinders habitat-forming processes and significantly degrades water quality. The primary purpose for the project will be to open up this blockage for improved fish access. Coho as well as Chum salmon have been observed using the system in this area, but in limited numbers. Chinook salmon have been observed using the mouth of Mill Creek for refuge purposes. Historical accounts paint a very different picture, as the system was once properly functioning and accounted for a significant proportion of productivity within the Green River watershed. 7. Partners: Many partners have been involved in the study and development of restoration ofthe Mill Creek system (of which this project was part of) including the Army Corps of Engineers, National Atmospheric Administration fisheries, Washington State Department of Ecology, Washington State Department of Fish and Wildlife, and the cities of Kent and Auburn. Direct partners to this specific project include the Washington State Department of Transportation and the King County Department of Land and Natural Resources. 8. Monitoring: As expressed earlier, water quality monitoring is currently being done in the area by the City of Auburn, King County and the University of Washington. In addition to water quality sampling, the Muckleshoot Indian Tribe has done a tremendous amount of monitoring and work related to fish management. The Rainier Audubon Society continues to do bird counts on an annual basis and this s expected to increase as restoration efforts commence. Baseline work has been completed on the wetland areas that feed the 15th Street NW culvert in order to identify restoration opportunities to benefit flora and fauna within the area. 9. Outreach: The City of Auburn is currently involved in a wetland/stream restoration project that includes approximately 100 acres south of 15th Street NW and an adjacent 85 acre wetland to the east of State Route 167. Master 2 , planning for these projects is ongoing and has identified the culvert under 15th Street NW as a constraint to the success of the total project. Significant community involvement has occurred and will be ongoing throughout the planning, construction and monitoring of these projects. Several universities, technical schools, high schools and elementary schools are actively involved and will be a significant resource for project monitoring and maintenance. In addition, several service groups including the Auburn Chamber of Commerce, the Auburn Downtown Association, the Rainier Audubon, the Sierra Club and other similar organizations have and will continue to provide financial as well as other types of support. 10. Budget: List the anticipated amount of a. Direct Costs Requested: $100,000.00 directed towards design and on the ground construction of the new passage way. b. Administrative costs requested (see p. 6 of RFP _ Text. doc). List the dollar amount and the percentage of (a): Will be absorbed by the City of Auburn. Total Funds requested (add a + b): MOO;OOO:OO- ! '1 S; 213 c. d. Cost share (p.5, 6, 7 of RFP _Text. doc). List the dollar amount and percentage of (e): The projected cost shares (Subject to change) will be separated as follows: US Fish and Wildlife Service City of Auburn Non-Secured Grant Sources ~ $400,000.00 $350,000.00 12% 47% 41% e. Total project cost (add c + d): $850,000.00 CCr~~ ~:^^-Ob W~~~ 07 Jl~" ..1"J>-_ ~ . ~ ~iL^JJ<"~ ~~~~~-~ ~ -~ -~v~~ 3 . ~ Attachment III. USFWS Restoration Program Aquatic On-the-Ground Project Report 1) Date: 2) Reporting Period: 3) Cooperator Organization: 4) Project Name: 5) Cooperative Agreement Number: 6) Reporter Name: Phone/Email: 7) Has the project been completed? (bold or circle one): No" This completed form fulfills your ** (progress, quarterly, annual) project reporting requirements. You may also need to report other information, please refer to the original cooperative agreement and any modifications for details. Yes" This completed form fulfills your final project reporting requirements. You must also report other information, please refer to the original cooperative agreement and any modifications for details. Please read all of the questions before answering in order to avoid redundancy. Please provide the following information, when applicable: 8) Table 1. Permits. List All Required Permits Date Received List All Required Permits Date Received 9) Table 2. Project Activities. Actual Start Date Actual End Date Comments In-Stream Work Re-vegetation Outreach Monitoring Other: Other: 1 Attachment III. 10) Do you have a Pollution and Erosion Control Plan? Provide copies of all pollution and erosion control inspection reports, including descriptions of any failures experienced with erosion control measures, efforts made to correct them, and a description of any accidental spills of hazardous materials. 11) Isolation of the in water work area: a) Name and address offish biologist: b) Methods used to isolate the in-water work area and minimize disturbance of ESA-listed and other species: c) Means offish handling and removal: Table 3. Fish species. List Fish Species # Condition/Injury Mortality Location Released (distance (#) upstream or downstream) 12) Stream conditions prior to removal of a fish passage barrier: 13) Stream conditions following placement of new road crossing. Provide finished grade slopes and elevations of project site: 14) Table 4. List the number, type (log/rock weirs, LWD jams, root wads, large river rocks, etc.), location (instream, along bank, riparian zone), anchoring used if any describe in comments , and elevations of habitat structures laced. Ty e # Location/Orientation Anchored? Elevations Comments 2 Attachment III, 15) T bl 5 C 1 dfl fih a e u verts treate or IS passage. Stream Old culvert Was the New culvert New bridge Fish Fish gradient diameter (ft) road/ stream diameter (ft) length (ft) and accessible accessible (%) and type crossmg and type type (flatcar, stream stream/ (round, abandoned? (round, concrete, length wetland area squash, squash, steel) upstream upstream of bottomless bottomless of project project (acres) arch) arch) (mi) 16) Table 6. Fences installed. Length Fence ty e installed (mi) N, S, E, W or both sides of water? Distance from water Min Max Av 17) Table 7. I R"ffec "lo"ted Tarian bier Plan~;dt~ "Mln I Max I Avg l)Hte( s) INS F. W or ~n.tb sides List all s Number lanted Target # of lants 80% survival met (y/n)? Were any re-plantings necessary to achieve project success? Describe your plan to inspect and, if necessary, replace failed plantings. Have you implemented this plan? 18) Table 8. Invasive s ecies. List Invasive species Acres removed or controlled Length A vg. Width Date( s) N, S, E, W or both sides of water? Describe methods used to remove or control invasive species. 3 Attachment III. 19) Table 9. Wetlands. Wetland type? (freshwater/estuarine) Restored or Protected? Acres 20) Table 10. Upland and road activities including road abandonment, decommissioning, and other upland erosion control. Activity Length (mi) Acres Comments 21) Table 11. Total number of acres and miles restored or protected. This information summarized from detailed answers in questions 14 - 20. Restored Protected Acres Miles Acres Miles Wetland Upland Riparian Stream 22) Has proposed monitoring been completed? Describe effort and results (names, dates, methods, data produced, and conclusions). How often has project been inspected (after completion) and has project success been met? 23) Provide close-up and overview photo documentation of before, during, and after project completion. Electronic images (.jpg) are preferred. Include photos of environmental conditions such as: channels, stream banks, riparian vegetation, flows, water quality, and other visually discernable environmental conditions at the project area, and upstream and downstream of the project. Label each photo with the date, time, photo point, project name, name of photographer, and a comment describing the subject. 24) Provide a narrative assessment of the project"s effects on natural stream function. 25) Describe outreach activities. Provide names of events, dates, number of participants, themes and techniques used. 4 Atta chment III. Table 12. Cost Share. ner Cash In-Kind Total AL to Date sion 5/28/03 5 26) Part TOT Ver ....-. - Attachment II. Landowner Agreement for Restoration Activities This Landowner Agreement (agreement) dated and effective this _ day of is by and between ,200_ Landowner: Address: and Cooperator: Address: and U.S. Fish and Wildlife Service (USFWS) 510 Desmond Drive SE, Suite 102 Lacey, W A 98503-1263 and is entered into pursuant to authority contained in Section 1 of the Fish and Wildlife Coordination Act, 16 U.S.C. 661 and Section 7 of the Fish and Wildlife Act of 1956, 16 U.S.c. 742f(a)(4). The signatories to this agreement, join in conducting certain restoration activities to benefit fish and wildlife resources on lands owned by in the Watershed, County, State of Washington. The specific location and work to be completed is described in the project application, attached hereto and incorporated herein. The terms of this agreement will be for 10 years beginning , 200_, and ending , 20_. During this period, the Landowner agrees to not intentionally compromise the integrity of the restoration work and site. The Landowner also agrees to provide reasonable property access to the Cooperator and USFWS to plan, complete, and monitor the longterm condition of the restoration site. This agreement may be modified at any time by mutual written consent by authorized representatives of all the parties. Any party may seek termination of this agreement by providing ........,~".~ ~ ,. Attachment II. notice in writing to the other parties that it desires the agreement to be terminated. Such termination shall be effective thirty (30) days after authorized representatives of all parties have agreed in writing to such termination. If termination is initiated by the Landowner or Cooperator, and the USFWS does not concur with the termination, the USFWS will be reimbursed for the portion of the costs of the restoration project provided by the USFWS. This agreement does not authorize the Cooperator or USFWS to assume jurisdiction over, or any ownership interest in, the premises. The landowner retains all rights to control trespass and retains all responsibility for taxes, assessments, and damage claims. Each of the parties to this agreement agrees that it will be liable for its own acts and the acts of its employees, agents, representatives, subsidiaries, or affiliates, and the results thereof, in connection with the performance of its obligations under this agreement, and for its own acts and the acts of its employees, agents, representatives, subsidiaries, or affiliates, and the results thereof, that occur on the land, unless such acts or results arise from the negligent or willful acts, or omissions of the other parties to this agreement, their employees, agents, representatives, subsidiaries, or affiliates. A change of ownership shall not change the terms of this agreement. The agreement and terms shall be in effect on the described land for the period of the agreement unless the agreement is terminated earlier according to the provisions contained herein. The Landowner will notify the and USFWS of changes in ownership within thirty (30) days. In the event of such transfer of ownership, the Landowner shall provide a copy of this agreement to the succeeding owner prior to such transfer. Upon expiration or termination of this agreement, the Landowner assumes full and complete responsibility for all restoration developments made under this agreement. guarantees ownership of the above described land and warrants that there are no outstanding rights which interfere with this agreement. Landowner Print Name/Title (if any) Date Cooperator Print Name/Title Date U.S. Fish and Wildlife Service Representative Print Name/Title Date 1, Federal Agency and Organizational Element 2, Federal Grant or Other Identifying Number Assigned OMB Appr.oval Page of to Which Report is Submitted By Federal Agency No. 0348-0038 pages 3. Recipient Organization (Name and complete address, including ZIP code) r 4. Employer Identification Number 5. Recipient Account Number or Identifying Number 6. Final Report 7, Basis DYes ONo o Cash o Accrual 8. Funding/Grant Period (See instructions) 9. Period Covered by this Report From: (Month, Day, Year) To: (Month, Day, Year) From: (Month, Day, Year) To: (Month, Day, Year) 10. Transactions: I II III Previously This Cumulative Reported Period a. Total outlays b. Recipient share of outlays c. Federal share of outlays " .,...". d. Total unliquidated obligations ,."" .., I e. Recipient share of unliquidated obligations " f. Federal share of unliquidated obligations ;' " ' " , " ii. ": g. Total Federal share(Sum of lines c and f) < : i. " h. Total Federal funds authorized for this funding period I' " <' .' ',: <' " " i. Unobligated balance of Federal fund(Line h minus line g) <. " a. Type of Rate(P/ace "X" in appropriate box) 11. Indirect o Provisional o Predetermined o Final o Fixed Expense b. Rate c, Base d, Total Amount e. Federal Share 12. Remarks: Attach any explanations deemed necessary or information required by Federal sponsoring agency in compliance with governing legis/ation. 13. Certification: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Typed or Printed Name and Title Telephone (Area code, number and extension) Signature of Authorized Certifying Official Date Report Submitted Attachment IV. NSN 7540-01-218-4387 FINANCIAL STATUS REPORT (Short Form) (Follow instructions on the back) 269-202 Standard Form 269A (Rev, 7-97) Prescribed by OMB Circulars A-102 and A-11( FINANCIAL STATUS REPORT (Short Form) Public reporting burden for this collection of information is estimated to average 90 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0038),Washington, DC 20503, PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Please type or print legibly. The following general instructions explain how to use the form itself. You may need additional information to complete certain items correctly, or to decide whether a specific item is applicable to this award. Usually, such information will be found in the Federal agency's grant regulations or in the terms and conditions of the award. You may also contact the Federal agency directly. Item Entry 1, 2 and 3. Self-explanatory. 4. Enter the Employer Identification Number (EIN) assigned by the U.S. Internal Revenue Service. 5. Space reserved for an account number or other identifying number assigned by the recipient. 6. Check yes only if this is the last report for the period shown in item 8. 7. Self-explanatory. 8. Unless you have received other instructions from the awarding agency, enter the beginning and ending dates of the current funding period. If this is a multi-year program, the Federal agency might require cumulative reporting through consecutive funding periods. In that case, enter the beginning and ending dates of the grant period, and in the rest of these instructions, substitute the term "grant period" for "funding period." 9. Self-explanatory. 10. The purpose of columns I, II, and III is to show the effect of this reporting period's transactions on cumulative financial status. The amounts entered in column I will normally be the same as those in column III of the previous report in the same funding period. If this is the first or only report of the funding period, leave columns I and II blank. If you need to adjust amounts entered on previous reports, footnote the column I entry on this report and attach an explanation. 10a. Enter total program outlays less any rebates, refunds, or other credits. For reports prepared on a cash basis, outlays are the sum of actual cash disbursements for direct costs for goods and services, the amount of indirect expense charged, the value of in-kind contributions applied, and the amount of cash advances and payments made to subrecipients. For reports prepared on an accrual basis, outlays are the sum of actual cash disbursements for direct charges for goods and services, the amount of indirect expense incurred, .U. S, Government Printing Office: 1993 - 342-197/81289 Item Entry the value of in-kind contributions applied, and the net increase or decrease in the amounts owed by the recipient for goods and other property received, for services performed by employees, contractors, subgrantees and other payees, and other amounts becoming owed under programs for which no current services or performances are required, such as annuities, insurance claims, and other benefit payments. 10b. Self-explanatory. 10c. Self-explanatory. 10d. Enter the total amount of unliquidated obligations, including unliquidated obligations to subgrantees and contractors. Unliquidated obligations on a cash basis are obligations incurred, but not yet paid. On an accrual basis, they are obligations incurred, but for which an outlay has not yet been recorded. Do not include any amounts on line 10d that have been included on lines 10a, b, or c. On the final report, line 10d must be zero. 10e. f, g, h, hand i. Self-explanatory. 11 a. Self-explanatory. 11 b. Enter the indirect cost rate in effect during the reporting period. 11 c. Enter the amount of the base against which the rate was applied. 11 d. Enter the total amount of indirect costs charged during the report period. 11 e. Enter the Federal share of the amount in 11 d. Note: If more than one rate was in effect during the period shown in item 8, attach a schedule showing the bases against which the different rates were applied, the respective rates, the calendar periods they were in effect, amounts of indirect expense charged to the project, and the Federal share of indirect expense charged to the project to date. SF-269A (Rev. 7-97) Back V~/~~/VO V~;~~ ~AA 4~bJU~4547 KEYBANK PUBLIC SECTOR f4I 002 Attachment v. ACH VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM OMB ND. 1510.00&B This form is used for Automated Clearing House tACH) payments with an addendum record that contains payment-related Information processed through the Vendor Express Program. Recipients of these payments should bring this information to the attention of their financial institution when presenting this form for completion. See reverse for addItional instructions. PRIVACY ACT STATEMENT The f(lUowing information is provided to comply with the Privacy Act of 1974 (P.L. 93-579). All information collected on this form is required under the provisions of 31 U.S.C. 3322 and 31 CFR 2 to. This informetion will be used by the Treasury Department to transmit payment data, by electronic means to vendor's tlnanclal institution. Failure to provide tile requested information may delay or prevent the receipt of payments through the Automated Clearing House Payment System. AGENCY INFORMATION cnc {J., OF ADDRESS z...s u.J fW-8rA.D4 PAYEE/COMPANY INFORMATION A-u. /w-,e.,v tytA-/1J ~~ '<ll} 0, t Of) { SSN jiO_ OR TAXPAYER ID NO. ~ 1-(, (J() I J!.J?, NAME CONTACT PERSON NAME: 5AN beJt :r~GH- Te~EPHONE NUMBER. ( 2S'~ I eat/-..311 ~ FINANCIAL INSTITUTION INfORMATION NAME: N~ IDI loe~ Me. Alfl. 5L& FL ~t.t..e uH-- 4.r ~eJq-qoz-7 ACH COnADINA.TOJII," .!!.~.' _ _ .. ~"0~.~ -,~';.m J r-,.)6-S NINE. DIGIT ROUTING lRANt5ifNU~ f Z, s- 0 ..a. ?o e ~ "oZ.? O~:L TELEPHONE NVM8ER: 4-2-6' ) 719 . ~ LOCK9 )( NUMBER: N'Al- CHECKING SIGNATURE AND TITLE OF AUTHOR/ZED OFFICIAL: I U ba 'he '.lne II. ACH CD~alOll <:J . UAI-t~1 SAVINGS LOCK BOX TELEPHONE NUM8EFt, (4d5 I 7tY1--4 S '+5 1 I e., J I P'~cub,d by Dap4Ilm>>r\l ul TJtlOS,'ty 31 use :r:Ju: 31 CFA 210 UU/~U/VU U~;~~ rAA 4~DJU~4D47 .. KEYBANK POOLI C SECTOR 141001 ()-,r. KeyBank PUBLIC SECTOR MS: WA-31.1S..Q548 601-10Sth Ave. NE, Fifth Floor POBox 90027 Bellevue, WA 98009-9027 Facsimile Cover Sheet Date: March 23, 2006 Pages Including this cover page: 2 To: Company: Phone: Fax: From: Company: Phone: Fax: Sandra Jurich City of Auburn 253.804.3112 253-876-1900 Jennifer Cummings Key Bank Public Sector (425) 709-4545 (425) 709-4547 his communication may contain privileged and/or confidential information. It is intended solely for th use of the addressee. If you are not the intended recipient, you are strictly prohibited from disclosing, copying, distributing or using any of this information. If you received this communication in error, please ontact the sender immediately and destroy the material in its entirety, whether electronic or hard copy. his communication may contain non-public personal information about consumers subject to the estrictions of the Gramm-Leach-BliIey Act. You may not directly or indirectly reuse or re-disclose such Information for an ur ose other than to rovide services re uested b Ke . .-A _ _ 1/. '~1~5 w ~~ rnuv f&<-h~ f\f) /f'l4) Illona mTYYT on. 1 ~ ..mv ITlV '1o.Trl o~...... 1 Attachment vn. ", APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre-application li2'l Construction ~ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ID Non-Construction IJ Non-Construction 3/d3jOtJ 5. APPLICANT INFORMATION Legal Name: Oraanizational Unit: The City of Auburn Department: Planning, Building and Community Or~anizational DUNS: Division: 03 942575 N/A Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) Prefix: First Name: 25 West Main Street Mr. Paul Cit~ Middle Name Au urn M. County: Last Name USA Krauss State: ZiJ? Code Suffix: WA 98001-4998 N/A Country: Email: USA www.auburnwa.gov 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) I Fax Number (give area code) ~[I]-@]@][Q][]@]~@] (253) 931-3090 (253) 804-3114 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) Ii2'J New [OJ Continuation Revision C. Municipal If Revision, enter appropriate letter(s) in box(es) See back of form for description of letters.) D D Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: United States Department of Fish and Wildlife 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: [][]-[]@]~ 15th Street Culvert Replacement Project TITLE (Name of Program): 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, ete.): Auburn, King County, Washington 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: I Ending Date: a, Applicant I ~ Project April 06' December 07' 8 and 9 15. ESTIMATED FU~~ ("-( DC, 3D 3, G-f?, rOb 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a, Federal $ 92,000 ,UU (1) D THIS PREAPPLlCATION/APPLlCATlON WAS MADE a. Yes, ,I AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b, Applicant $ uu PROCESS FOR REVIEW ON 58,000 c. State $ uu DATE: d, Local $ uu 8 PROGRAM IS NOT COVERED BY E, 0, 12372 b. No, e, Other $ uu IJ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f, Program Income $ uu 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ .uu IJ Yes If "Yes" attach an explanation, i2'JI No 150,000 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATIONIPREAPPLlCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ~TTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Renresentative M';efix First Name Middle Name r. Paul M. Last Name Suffix Krauss N/A ~, Title . Telephone Number (give area code) Planning, Building and CqmlJlUnity Director (253) 931-3090 f:J, Signru~~A~rize~e~resentative e. Date Sign~ / 2r 3/1] c::. Previou~Edition Usable Standard Form 424 (Rev,9-2003) Authorized for Local Reoroduction Prescribed bv OMB Circular A-102 '~f! ('k(71 ,Q: ! I j.' F[J/.J: ,1 (13, '22:1 " ;,'rr; l:Joidt Or ~ l ... , ASSURANCES - CONSTRUCTION PROGRAMS OMS Approval No. 0348-0042 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970 (42 U.S.C. ~~4728-4763) relating to prescribed (including funds sufficient to pay the non-Federal share standards for merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration (5 C.F.R. 900, Subpart F). 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property aquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ~~4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. ~~1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. ~794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. ~~61 01-61 07), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) ~~523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. ~~290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. ~~3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, U) the requirements of any other nondiscrimination statute(s) which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 4240 (Rev. 7-97) Prescribed by OMB Circular A-102 r.' .... . 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. ~~1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. ~~276a to 276a-7), the Copeland Act (40 U.S.C. ~276c and 18 U.S.C. ~874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. ~~327- 333) regarding labor standards for federally-assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the HORIZED CERTIFYING OFFICIAL N 6~ ~u-.r\.^ National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. ~~ 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. ~p401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. ~~ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. ~470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. ~~469a-1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. TITLE CoM~~~ ~~~ J::?~ DATE SUBMITTED '3 ( 'l.. I , Oc. SF-424D (Rev. 7-97) Back Attachment VI. OMB APPROVAL NO. PAGE OF REQUEST FOR ADVANCE 0348-0004 I PAGES OR REIMBURSEMENT 8. "X" one or both boxes 2, BASIS OF REQUEST / 1. o ADVANCE o REIMBURSE- TYPE OF MENT 0 CASH PAYMENT b. "X. the applicable box (See instructions on back) REQUESTED 0 0 0 FiNAl PARTIAL ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATION ELEMENT TO 4. FEDERAL GRANT OR OTHER 5. PARTIAL PAYMENT REQUEST WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED NUMBER FOR'THIS REQUEST BY FEDERAL AGENCY 6, EMPLOYER IDENTIFICATION 7. RECIPIENTS ACCOUNT NUMBER 8. PERIOD COVERED BY THIS REQUEST NUMBER OR IDENTIFYING NUMBER FROM (month, day, year) TO (month, day, year) 9. RECIPIENT ORGANIZATION 10. PAYEE (Where check is to be sent Is different than item 9) Name Name Number Number and Street and Street : City, State City, State and ZIP Code: and ZIP Code: 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED (a) (b) (c) PROGRAMS/FUNCTIONS/ACTIVITIES .. TOTAL a. Total program (As of date) outlays to date $ $ $ $ b. Less: Cumulative program income c. Net program outlays (Line a minus line b) d. Estimated net cash outlays for advance period e. Total (Sum of lines c & d) f. Non-Federal share of amount on line e . g. Federal share of amount on line e h. Federal payments previously requested i. Federal share now requested (Line 9 " minus line h) j. Advances required by 1st month month, when request- ed by Federal grantor agency for use in mak- 2nd month ing prescheduled ad- vances 3rd month 12. ALTERNATE COMPUTATION FOR ADVANCES ONLY a. Estimated Federal cash outlays that will be made during period covered by the advance $ b. Less: Estimated balance of Federal cash on hand as of beginning of advance period c. Amount requested (Line a minus line b) AUTHORIZED FOR LOCAL REPRODUCTION $ (Continued on Reverse) STANDARD FORM 270 (Rev. 2-92) Prescribed by Office of Management and Budget Cir. No. A-102 and A-110 13. CERTIFICATION SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL DATE REQUEST SUBMITTED I certify that to the best of my knowledge and belief the data on the reverse are correct and that all outlays were made in accordance with the grant conditions or TYPED OR PRINTED NAME AND TITLE other agreement and that payment is due and has not been previously requested. This space for agency use TELEPHONE (AREA CODE, NUMBER, EXTENSION) Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, inclUding suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0004), Washington, p~3.1lQ....HQI RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. INSTRUCTIONS Please type or print legibly. Items 1, 3, 5, 9, 10, 11 c, 11 e, 11 f, 11 g, 11 i, 12 and 13 are self-explanatory; specific instructions for other items are as follows: Item Entry 2 Indicate whether request is prepared on cash or accrued expenditure basis. All requests for advances shall be prepared on a cash basis. 4 Enter the Federal grant number, or other identifying number assigned by the Federal sponsoring agency. If the advance or reimbursement is for more than one grant or other agreement, insert N/A; then, show the aggregate amounts. On a separate sheet, list each grant or agreement number and the Federal share of outlays made against the grant or agreement. 6 Enter the employer identification number assigned by the U.S. Internal Revenue Service, or the FICE (institution) code if requested by the Federal agency. 7 This space is reserved for an account number or other identifying number that may be assigned by the recipient. 8 Enter lhe month, day, and year for the beginning and ending of the period covered in this request. If the request is for an advance or for both an advance and reimbursement, show the period that the advance will cover. If the request is for reimbursement, show the period for which the reimbursement is requested. Note: The Federal sponsoring agencies have the option of requiring recipients to complete items 11 or 12, but not both. Item 12 should be used when only a minimum amount of Information Is needed to make an advance and outlay information contained in item 11 can be obtained in a timely manner from other reports. 11 The purpose of the vertical columns (a), (b), and (c), is to provide space for separate cost breakdowns when a project has been planned and budgeted by program, function, or activity. Item Entry If additional columns are needed, use as many additional forms as needed and indicate page number in space provided in upper right; however, the summary totals of all programs, functions, or activities should be shown in the "total" column on the first page. 11a Enter in "as of date," the month, day, and year of the ending of the accounting period to which this amount applies. Enter program outlays to date (net of refunds, rebates, and discounts), in the appropriate columns. For requests prepared on a cash basis, outlays are the sum of actual cash disbursements for goods and services, the amount of indirect expenses charged, the value of in-kind contributions applied, and the amount of cash advances and payments made to subcontractors and subrecipients. For requests prepared on an accrued expenditure basis, outlays are the sum of the actual cash disbursements, the amount of indirect expenses incurred, and the net increase (or decrease) in the amounts owed by the recipient for goods and other property received and for services performed by employees, contracts, subgrantees and 11 b gWfJfl%e:scumulative cash income received to date, if requests are prepared on a cash basis. For requests prepared on an accrued expenditure basis, enter the cumulative income earned to date. Under either basis, enter only the amount applicable to program income that was required to be used for the project or program by the terms of the grant or other 11 d Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be made during the period covered by the advance. 13 Complete the certification before submitting this request. STANDARD FORM 270 BACK (Rev. 2-92) 51 ~es 4 051 L Charge Code: 13320-1341-0000-W4 ORIGINAL -Obligate: $0.00 Cumulative Total: $95,223.00 MODIFICATION NO. 001 To COOPERATIVE AGREEMENT NO. 13320-6-JO14 Between the U.S. DEPARTMENT OF INTERIOR FISH AND WILDLIFE SERVICE And the CITY OF AUBURN The purpose of this modification is to: 1. Change section IV. PROJECT OFFICERS: Recipient: Name: Chris Andersen Phone: (253) 876-1963 Fax: (253) 804-3114 E-mail: candersen(a,auburnwa.gov 2. Change under the heading VIII. TERM OF AGREEMENT to read as follows: The period of performance for this Cooperative Agreement is from June 5, 2006 through December 31, 2010. Note: The purpose of this modification is to replace the project manager for the City of Auburn and to extend the term of the agreement for two years. The completion was delayed due to project revisions and culvert re-design. 3. Change under the heading XI. INVOICING/ACCEPTANCE PROCEDURES: INVOICING ADDRESS U.S. Fish and Wildlife Service Attn: Pam Kosonen, Budget Technician 510 Desmond Drive SE, Suite 102 Lacey, Washington 98503-1263 All other terms and conditions of this agreement remain unchanged. U.S. DEPARTMENT OF INTERIOR ITY OF AUBURN FISH AND WILDLIFE SERVICE pt ' . &BY: ' -6 .~a PRINTED NAME Daniel H. Diggs PRINTED NAME & Assistant Regional Director & TITLE: Fishery Resources TITLE: ,r Lao ~g M -r DATE: \ alag k (Y DATE: 1113 /,owl FWS Contract Sufficiency Review: ontr ing Officer# Date key L(031 ORIGINAL Charge Code: 13320-1332-0000-W4 , Obligate: $0.00 Cumulative Total: $95,223.00 CFDA #15.608 MODIFICATION NO. 002 To COOPERATIVE AGREEMENT NO. 13320-6-JO14 Between the U.S. DEPARTMENT OF INTERIOR FISH AND WILDLIFE SERVICE And the CITY OF AUBURN The purpose of this modification is to: 1. Modify the Scope of Work (See attached project justification, project description, and modified budget). Note: The purpose for this modification is to allow the remaining funds to be spent on a nearby site also located on-Miller Creek, approximately one mile. downstream. The Peasley Canyon Road Culvert Replacement project will provide significant fish habitat improvements over current conditions. The project will also provide a greater level of fish habitat benefit than the original site. All other terms and conditions of this agreement remain unchanged. U.S. DEPARTMENT OF THE INTERIOR CITY O AUB FISH AND WILDLIFE SERVICE: v BY: BY: PRINTED NAME: Richard Hannan PRINTED NAME TITLE: Assistant Regional Director, TITLE: Fishery Resources DATE: DATE: r FWS Contract Sufficiency Review: Contracting ncer# 1-)071,1?" Date