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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:
~
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\ 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
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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~.!!., ...
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6. Contaminants: Not know at this time.
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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
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Permitting and studies dedicated toward project
approval
Address: ;~ tJe&!- ~ SJy~
!4uWt!, 0lKf 1~~1
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Telephone: (l~3) C/3/- 3010
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.
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.
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U.S. Fish and Wildlife Service Representative Print Name/Title
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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
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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 \
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'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).
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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.
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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
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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
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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
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ACH COnADINA.TOJII," .!!.~.' _ _ ..
~"0~.~ -,~';.m J r-,.)6-S
NINE. DIGIT ROUTING lRANt5ifNU~ f Z, s- 0 ..a.
?o
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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
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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
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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
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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