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RESOLUTION NO. 4039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR COST REIMBURSEMENTS
RELATING TO THE CITY'S WATER RIGHTS APPLICATION
WHEREAS, The City of Auburn has applied to the Department of
Ecology for an additional water right for municipal water supply use; and
WHEREAS, the Department of Ecology will incur costs in processing the
City's application, including fees paid to consultants to review certain aspects of
the City's application; and
WHEREAS, the costs of processing such applications are born by the
applicant; and
WHEREAS, it is in the public interest for the parties to enter into an
agreement for the City to reimburse the Department of Ecology for its costs in
processing the City's water rights application,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and the Washington State Department of Ecology for cost reimbursements
Resolution No. 4039
May 17, 2006
Page 1
relating to the city's water rights application, which agreement shall be in
substantial conformity with the Agreement a copy of which is attached hereto,
marked as Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
DATED and SIGNED this S~ day of
__) v\/~ '€-
2006.
---::;)
PE R B. LEWIS
Mayor
Attest:
lJ~~
'Danielle E. Daskam
City Clerk
Resolution No. 4039
May 17, 2006
Page 2
..-
Washington State Department of Ecology
Cost-Reimbursement Agreement (CRA)
Between the
Washington State Department of Ecology
and
City of Auburn
Water Right Application G1-28404;
CRA Project No.9R46
PART A
SPECIAL TERMS AND CONDITIONS AND SCOPE OF WORK
Current For: FY 2005-06
Contents:
I. Applicant Information
II. Ecology Information
III. Performance Security
IV. Scope Of Work - Tasks, Budget Detail, Schedule
V. Effective Date
VI. Entire Agreement And Signatures
Page
1
2
2
2
5
5
I. Applicant Information
Project Manager /Primary Point of Contact
Billing Address
Name: Same as Left
Address:
City, State:
Zip Code:
Telephone:
E-Mail:
Fax:
Name: Duane Huskey, Utility Engineer
Address: 25 West Main Street
City, State: Auburn, WA
Zip Code: 98001-4998
Telephone: 253-804-5062
E-mail: dhuskey@aubumwa.gov
Fax: 253-931-3053
Washington State Department of Ecology
Cost-Reimbursement Agreement (CRA)
Part A - Special Terms and Conditions and Scope of Work
Current For: FY 2005
Page 1 of 5
Boiler Plate Last Updated: 8-10-04
II. Ecology Information
Project Manager/Primary Point of Contact:
Name:
Address:
City, State, Zip:
Telephone #:
E-mail:
Fax:
Tim Roth
PO Box 47615
Olympia, W A, 98504-7615
360-407-7036
TROT461@ECYWA.GOV
360-407-7153
III. Performance Security
Performance Security Option Selected, Dollar Amount, And, If Applicable, Holding
Institution (Pursuant To Section II.B.6. Of Part B - General Terms And Conditions):
Performance Security Option of $10,000 in an interest bearing account.
IV. Scope Of Work Tasks. Budvet Detail. Schedule
The City of Auburn is applying for an additional water right for municipal water supply use. The
City of Auburn has submitted one application for a new groundwater right, Gl-28404, requesting
12,500 gallons per minute (gpm) of instantaneous use, with an annual requested quantity of
13,443 acre-feet per year.
Ecology's consultant, Geomatrix, will be tasked to complete the water-right processing Phase I
work establishing senior water right applications that would be considered in the 'same source of
supply' as the City's application, thus requiring processing in accordance with RCW 90.03.265.
In conducting this determination, Geomatrix will define the source of water that the City of
Auburn proposes using for municipal water supply and the universe of applications requiring
processing based on the following considerations:
. Hydraulic continuity between points of withdrawal;
. Sharing of a common recharge (catchment) area;
. Sharing of a common flow regime; and
. Isolation from other sources by the presence of effective barriers to hydraulic flow.
Washington State Department of Ecology
Cost-Reimbursement Agreement (CRA)
Part A - Special Terms and Conditions and Scope of Work
Current For: FY 2005
Page 2 of 5
Boiler Plate Last Updated: 8-10-04
Sources of information for the 'same source of supply' determination will include area
topography, geologic structures, well log review, area water level measurements, aquifer
characteristics, and other information such as available groundwater modeling studies (see Task
1 below).
Consistent with the provisions of Part B - General Terms and Conditions as well as the
provisions ofRCW 43.21A.690 and RCW 90.03.265, the following describes the specific tasks,
budget detail, and schedule for the scope of work to be performed by Ecology and its consultant,
Geomatrix, to be subsequently reimbursed by the City of Auburn pursuant to this CRA.
Accordingly, the Parties signatory to this Agreement agree:
Task 1 : Water Right Application Review and Data Gap Summary. This task will include:
. Review of hydrologic and hydrogeologic data from the files available through
Ecology, the City of Auburn, the City's consultant, and other sources;
. Determination of senior applicants in the same source of water supply, preparation of
a technical memorandum summarizing the same source determination, and assembly
of a final list of senior applications requiring processing;
. Review of City of Auburn's and senior water right application files to identify intent,
available supporting information, and potential data gaps;
. Review conceptual mitigation options proposed by the City of Auburn, and meet with
applicant and Ecology to discuss comments. It is assumed that final mitigation plans
will not be submitted by the applicant until Phase II processing;
. Initial contact with senior applicants, including confirming the applicants' intent to
pursue the water rights in question, and preparation of letters requesting any
additional supporting information, including mitigation proposals;
. Attendance at meetings and participation in conference calls with Ecology staff in
Bellevue and with the City and its consultant in Auburn, as requested; and
. Preparation of a memorandum Phase I report summarizing data gaps and issues to be
resolved prior to completing ROEs for the set of applications requiring processing.
Washington State Department of Ecology
Cost-Reimbursement Agreement (CRA)
Part A - Special Terms and Conditions and Scope of Work
Current For: FY 2005
Page 3 of 5
Boiler Plate Last Updated: 8-10-04
, .
Task 2: Preparation of Scope of Work, Schedule, and Budget for Phase IL This task will
include:
. Development of a scope of work to complete processing and preparation of ROEs
water right applications submitted by the City of Auburn, as well as senior applicants
within the same source of water.
. Development of the estimated schedule and budget for completion of the scope of
work for Phase II.
Consultant Phase I Costs-
Phase 1 - Information Review and Associated Tasks:
Estimated Number of Consultant Hours = 363 Hours
[] Estimated Consultant Cost = $ 49.843.00
[] Estimated Phase I Completion Date = 12 Weeks From Effective Date
[]
Ecology Direct and BackfIll Cost-
[]
Estimated Number of Ecology Hours to be Billed to Applicant for Direct
Work on Project = 50
Hours
[]
Estimated Ecology Costs to be Billed to Applicant for Direct Work on
Project = $ 2.750
[]
Estimated Backfill Dollars Available for Backfill Consultant Cost =
$4.000 (50 hours x $135/hr average consultant rate = [$6.750- $2.750
(Ecology direct cost)] = $4.000.
Tasks
A. Phase I
Budget
$ 49,843
Schedule
12 weeks from Ecology
Signature of Geomatrix
Work Assignment
B. Ecology Direct Costs $ 2,750
C. Ecology Backfill Costs $ 4,000
TOTAL $ 56,593
Washington State Department of Ecology
Cost-Reimbursement Agreement (eRA)
Part A - Special Terms and Conditions and Scope of Work
Current For: FY 2005
Page 4 of 5
Boiler Plate Last Updated: 8-10-04
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, .
Notes:
1. Total Budget Phase I $ 56.593
2. Cost Reimbursement End Date = June 30, 2007
3. Informational task, budget, and schedule summary presented here is for
informational purposes only. Ecology tracks and manages task, budget, and
schedule.
4. A formal written and signed amendment to this CRA is required to extend the
total project budget amount or final completion date stated herein.
V. Effective Date
The effective date of this CRA, as well as any formal written and signed amendment, is
the date of signature by the Washington State Department of Ecology.
VI. Entire A!!reement And Si!!natures
The Parties hereto have agreed to the tasks, budget detail, and schedule described herein
Part A. This entire agreement, consisting of Part A - Special Terms and Conditions and
Scope of Work, Part B - General Terms and Conditions, and any formal written and
signed amendment, can only be modified by a subsequent formal written and signed
amendment as described in Section II.E.3. of Part B - General Terms and Conditions.
Applica
Ecology's Authorized Official:
.....
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~;;;e 'f;;~t~;z
Date: 6' Ny () ,
Address~ P.O. Box 47600
City, State, Zip: Olympia, W A. 98504
Telephone #: 360-407-6600
E-mail:
Fax: 360-407-7153
By:
Title: Pe+€Iv" 8, Leu0; "" VII Q~CY
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Date: --...)LIvV\~ '?.> ~ (.,
Address:'Ls w,' {Y\a.\.1'\ S+,
City, State, Zip: ~hWn\ W I~ 01.%('0\
Telephone #:'2-~:>~.' L"J3l- ~t\-'
E-mail: -p\ew\s~ olA.lowvY\w(\ ,c:pi
Fax: z.."S3 "2..'i1;~ - ?:. i '32-
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Washington State Department of Ecology
Cost-Reimbursement Agreement (CRA)
Part A - Special Terms and Conditions and Scope of Work
Current For: FY 2005
Page 5 of 5
Boiler Plate Last Updated: 8-10-04