Loading...
HomeMy WebLinkAboutITEM VIII-B-1~ ACl -rYOF AGENDA BILL APPROVAL FORM V,~ WASHINGTON Agenda Subject: Resolution No. 4558 Date: January 26, 2010 Department: Planning and Attachments: Attachment 1: Location Budget Impact: None - Development Map for Mill Creek Restoration, grant funded Wetland 5K Reach Attachment 2: Resolution No. 4558 with Exhibit A- Design Agreement for Mill Creek Restoration, Wetland 5K Reach Administrative Recommendation: City Council adopt Resolution No. 4558 Background Summary: On May 5, 2008, the Auburn City Councii adopted Resolution No. 4315 approving the execution of a design agreement with U.S. Army Corps of Engineers to prepare a preliminary design for the restoration of four reaches of Mill Creek in Auburn: Geodeke, Merlino, Wetland 5K, and Schuler Brothers, as generally described in the final report of the Chief of Engineers dated December 29, 2000, and "Green/Duwamish River Basin Ecosystem Restoration Study, Final Feasibility Report," dated October 2000 and approved by the District Engineer, U.S. Army Corps of Engineers, Seattle District, on October 30, 2000. The projected design costs of the project were $440,440 of which the City's non-federal sponsor match requirement of twenty-five (25) percent less coordination and audit costs (approximately $109,110). At that time, the City of Auburn had allocated $20,000 from the King Conservation District to be used as part of the City's non-federal Sponsor match requirement for design and construction of the Mill Creek restoration. Before the Agreement with the Army Corps of Engineers could be executed, reductions in federal funding for FY 2009 resulted in the project no longer being fully funded and the project was temporarily put on hold pending the availability of funding. In mid 2009, the City received notice that FY 2010 funding was expected to be approved for the project from both agency appropriations and additional federai economic stimulus funds. The City has worked with the Army Corps of Engineers to revise the project so that final design for individual stream reaches could be completed earlier than previously pianned to allow for earlier construction readiness to be able to take advantage of the anticipated availability of additional federal stimulus funds. L0201-3 04.11 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services Z Planning & CD ❑ Fire ~ Planning ❑ Park Board OPublic Works [D Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Sn der Meeting Date: February 1, 2010 Item Number: VI11.6.1 ~U$URN* MOKE THAN YOU IMAGINED Agenda Subject: Resolution No. 4558 Date: January 26, 2010 In August, 2008, the King Conservation District (KCD) allocated an additional $180,000 to the City of Auburn for use as the City's non-federal sponsor match funds. Of the $200,000 total KCD funds, $180,000 has been received by the City and the remaining $20,000 is scheduled to be received upon completion of the project. A revised design agreement has been developed for the final (100%) design and permitting of the restoration of the Wetland 5K Reach of Mill Creek. The project design would include design for stream channel restoration, removal of non-native invasive vegetation, and planting of appropriate riparian vegetation species to provide quality habitat for fish and wildlife as generally described in the Project Information Paper and Project Management Plan for Wetland 5K Reach Mill Creek Restoration, Green Duwamish Ecosystem Restoration Project dated November 18, 2009. The total design project costs for the Wetland 5K Reach have been estimated at $518,023, of which the City's non-federal sponsor match requirement is finrenty-five (25) percent, less coordination and audit costs (approximately $115,280). The KCD funds ailocated to the City are sufficient to cover the City's non- federal sponsor match requirements, with remaining funding to go toward construction of the restoration or design of additional Mill Creek reaches. Construction of the restoration or design of additional stream reaches would be separate projects and are not part of the Design Agreement. The Wetland 5K design project is scheduled to start in early 2010 and be completed in 2011. Construction of the project is anticipated to begin in late 2011. In mid 2009, the Army Corps of Engineers notified the City that FY 2010 appropriations and approximately $9M in federal stimulus funds has been approved for Green Duwamish Ecosystem Restoration Plan (ERP) projects in 2010. On November 12, 2009, the ERP Executive Committee approved $250,000 for the FY 2010 portion of the Mill Creek Wetland 5K design project. The Planning and Community Development Committee reviewed and discussed the revised draft agreement on January 11, 2010. Key issues raised by the PCD Committee at that time included: 1) the need to maintain the linkage between the habitat restoration objectives of the project and the City's on-going water stormwater and water quality initiatives as they relate to the project's habitat enhancement objectives; and 2) the need to identify the long term maintenance requirements and associated costs for the Mill Creek project. The Public Works Committee (PWC) reviewed and discussed the revised draft agreement on January 19, 2010. A correction to Army Corps of Engineers personnel assigned to the project in the Project Management Plan was noted. The Planning and Community Development Committee at its regularly scheduled meeting on January 25, 2010, on a unanimous positive motion recommended approval of Resolution No. 4558 to the Auburn City Council. Page 2 of 2 Mill Creek Restoration Design Reaches RESOLUTION NO. 4 5 5 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE DEPARTMENT OF THE ARMY FOR DESIGN OF THE MILL CREEK WETLAND 5K RESTORATION PROJECT WHEREAS, U.S. Army Corps of Engineers has received federal funding to initiate design of the Green Duwamish Ecosystem Restoration Project at King County, Washington; and WHEREAS, under the Water Resources Development Act of 1986, local governments wishing to have such projects constructed within their jurisdictions must contribute a portion of the project design costs; and WHEREAS, Mill Creek lies within the Green Duwamish Project area and a portion of Mill Creek is located in the City of Auburn; and WHEREAS, the Auburn City Council finds that restoration of that portion of Mill Creek located within the City will benefit the citizens of Auburn by enhancing flood control within the City and by improving fish habitat; and WHEREAS, the Auburn City Council previously adopted Resolution No. 4315 authorizing the execution of an Agreement between the City of Auburn and the Department of the Army for design of the Mill Creek Restoration Project and that Agreement was not executed as a result of subsequent changes to the amount and availability of federal funding for the project; and WHEREAS, the project described in the Agreement has subsequently been revised from the preliminary design of restoration of four reaches of Mill Resolution No. 4558 January 12, 2010 Page 1 of 3 Creek as described in the Project Management Plan for Mill Creek Restoration, Green Duwamish Ecosystem Restoration Project dated August 27, 2007, to a full (100%) design for the restoration of the Wetland 5K Reach of Mill Creek as described in the Project Management Plan for Wetland 5K Reach Mill Creek Restoration, Green Duwamish Ecosystem Restoration Project dated November 18, 2009; and WHEREAS, the City of Auburn has received $180,000 from the King Conservation District to be used for the City of Auburn's non-federal sponsor match funds required by the Agreement; and WHEREAS, the City of Auburn is scheduled to receive an additional $20,000 from the King Conservation District upon completion of the project to be used for the City of Auburn's non-federal sponsor match funds required by the Agreement; 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 befinreen the City of Auburn and the Department of the Army for design of the Mill Creek Wetland 5K Restoration Project, which agreement shall be in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No. 4558 January 12, 2010 Page 2 of 3 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 effect upon passage and signatures hereon. Dated and Signed this day of CITY OF AUBURN .2010. PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk O FO 7ZT l B. Heid, Ci Attor nie Resolution No. 4558 January 12, 2010 Page 3 of 3 DESIGN AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY 4F AUBURN FOR DESIGN FOR THE DUWAMISH/MILL CREEK WETLAND SK ECOSYSTEM RESTORATION PftOJECT THIS AGREEMENT is entered into this day of by and between the Depaiiment of the Artuy (hereinafter the "Government"), repi•esented by the District Engineer oFthe U.S. Army Corps of Eugineers, Seattle District an<I City of AuUurn (Iier•einafter the "Non-Federal Sponsor"), represented by the Mayor. WITNESSETH, THAT: WHEREAS, Federal Constiuction, General fiuids for Fiscal Year 2003, included fiinds far the Governinent ta initiate design of the Green Duwainish Ecosystem Restoration Project (hereinaftei• the "Parent Project") at King Courtty, Washington; WHEREAS, the Government and the Non-Federal Sponsor desire to enter iuto an agreement (hereinafler the "Agreement") for the pravision of design for the Mill Creek Wetland SK Restoration Project (an element of the Parent Project and hereinafter the "ProjecP", as defined in Article I.A. of tliis Aga•eement); WHEREAS, coiistruction or implementation of tiie Project is authorized by Section 101 (b) (26) of tlle Water Resources Developnient Act of 2000, Public Law 106- 541 in accordance witlx the plans, and subject to the conditions, recommended in a final report of the Chief of Engineers if a favorable repoi•t of the Chief is completed not iater than December 31, 2000; aud a favorable final report of the Chief was completed on Deceniber 29, 2000; WHEREAS, Section 105(c) of the Water• Resources Development Act of 1986, Public Law 99-662 (33 U.S.C. 2215), provides that the costs of design of awater resources project shall be shared in the saine percentage as the purposes of such praject; WHEREAS, the Government and the Non-Fedei•al Sponsar agree that, during ttle per•iod oFdesign, the Noii-Federal Sponsor shall contriUute 25 percent of totul desigu co.rts and that, if a Project Partilership Agreement for construction of the Project is executed between the Goverrnnent and a non-Federal interest, sucli non-Federal interest shall conti•ibute ajiy remaiuing portion of the non-Federal sliare of the costs of desigti in accor•darice with the provisioiis of such Project Partuership Agreement; WHEREAS, the Govenmnent and Non-Federal Sponsor havc thc firll authority and capaUility to perfonn as hereinafter set forch and intend to cooperate in cost-sharing and financing of the Project in accordance witli the terms of this Agreenient; and WHEREAS, the Govermnent and tlte Non-Federal Sponsor, in connection with this Agreement, desire to faster a partnering strategy and aworkiiig relationship beriveen the Government and the Non-Fede;•al Sponsor through a nautually developed forinal sti•ategy of conunitment and communication embodied herein, wIlich ci•eates an environntent where ti-ust and teamwork prevent disputes, foster a cooperative bond between the Govei•nment and tlse Non-Federat Sponsor, and facilitate the successful ciesign and impleinentation of the Project. NOW, THEREFORE, the Governinejit and the Non-Federal Sponsor agree as follows: ARTICLE I - DEFTNITIONS A. The term "Project" shalI mean tiabitat restoration of the Wetland SK reach of Mill Creek as generally described in the final repoct of the Chief of Engineers dated December 29, 2000, and in tlie "Greeii/Duwamish Rivec Basin Ecosystern Restoration Study, Final FeasiUility Report," dated Octobez• 2000 and approved by the District Eiigineer, U,S. Army Corps of Engineers, Seattle District, on October 30, 2000. B. The term "totul desigrr costs" shall mean the sum of all costs incuired by the Non-Federal Sponsor aiid tlie Goverrunent in accordance with the terms af tliis Agreement directly related to design of the Project. Subject to the provisions of this Agreement, the teiin shall include, hut is not necessarily timited to: the Goveenment's costs of engineering and design, economic and environt;iental analyses, and evaluation perfonned aftec• a feasibility report whethec performed prior to or after the effective dlte of this Agreeinent that were not previously shared witla a non-Federal interest pursuant to any otlier agreement; the Goverizment's supeiwision and adminish•ation costs; tlie Non-Federal Sponsor's and the Govec•nment's costs of participation iu the Desigi2 Coordination Team in accordaiice with Article III of dhis Agreement; the Government's costs of conh•act dispute settleinents or awards; and the Non-Federal Sponsor's aiid the Government's costs of auciit in accordance lvith Atlicle VII.B. and Article VII.C. of this Agreement. The terni does not inctude any costs af betterrnerrts under Ailicle II.E. of this Agreement; any costs af dispute resolution under Artiele V of this Agreeil3eitt; any costs incurred as part of reconnaissaiiee studies for the Project; any costs incutTed as part of feasibitity studies ulider any othei• agreeme►it for the Pi•oject; the Non-Fecieral Sponsoi's costs of negotiating this Agreement; or any costs of negotiati»g a Project Partnei•sliip Agreement for the Project or separable element thereof. C. Tlie tetni "l)eriad nf design" sliall mean tlie titne from the effective date of this Agceemeut to the date that a Projeci Partnership Agreeyuent for cunstruction uf the Project, or a separable element thereof, is executed between the Government and a non- 2 FederaI intecest or the date that this Agreement is terminated in accordance «ritli Ar•ticle X of this Agreement, whichever is earlier. D. The term "fifunrci(il obligatio,rs for desrgrt" shall niean the financial obligatioris of the Governnient that result or Nvouid result in costs that are or would Ue included in tota! desigit cost.s. E. Tlie term "troir-Fecleralp,•opnrtiosrate sliai-e" sliall niean the ratio of the Non- FedeE•al Sponsor's total cotitributio►i of fiuids required by Article 1I.B.1. of this Agreemeiit to fi71f111CIC1I OhI1gY11101IS fOJ- (lesigir, as projectecl by tlie Goveriiment. F. T1ie term "heftei-meirP" sliall mean a difference in the design of ali element of the Project that results froni fhe application of standacds that the Govec•iunent determittes exceed those that the Government Nvould otherwise apply ta the design of Nlat elemetit. Tlle term does uot include any design for features not included in the Pl•oject as defined in paragraph A. of this Article. G. The teriit "Te(lej-al progrcrnr,firirds" sliall mean funds provided by a Federal agency, othei• than the Department of the Army, plus any non-Federal contribution required as a matching shai•e therefore. H. The term "rscal yeur" sliall mean ane year beginning on October 1 and ending on September 30. . ARTICLE II = OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States (hereinafter the "Congress") and using those funds and funds provided by the Non-Federal Sponsor, expeditiously sliall design fiie Pmject, applying those procedures usually applied to Federal projects, in accardance witli Federal laws, regulatioiis, atid policies, l. The Goverrunent sliall not issue the solicitation for the first contract for desigii of the Project or comiueiice design of the Pr•oject using tkle Government's own forces until the Non-Federal Spotisor has confirmed in writing its willingness to proceed widi ciesign of the Yroject. 2. To the extent possible, the Goveriiment sliall desigti the Project in accordatice with the Project Managemertt Plan for the Project developed and updated as requir•ed by the Governmerit after consultation with tlie Non-Federal Spottsor. 3. The Governirient sliall affard the Non-Federal Spocisor the opportunity to i•eview and commeut on the solieitations fox• all contraets, including relevant scopes of work, prior to the Government's issuance of such solicitations. To the extent possible, the Government shall afford the Non-Federai Sponsor the oppoilunity to revietiv and cammeiit ori all proposed contract iiiodifications, including change orders. In any instance tivliere providing the Non-Federal Sponsor with notification of a contract tnodification is not possible prior to execution of the contract niodification, the Govermuent shall provide such notification in writing at the earliest date possible. To the e;ctent possibie, the Government also shall afford the Non-Federal Spoiisor the opportuiiity to review and commeiit on aIl contract claims prior to resolution thereof. The Govermnent shall considei• in good faith the cominents of the Non-Feder11 Sponsor, but the contents of solicitations, award of coiitracts oi' C011]IIlEI1C01I1811t Of CIC5Lg11 t1S1I]g the GOVeIillIlCllf's own forces, eXeClltlOll Of COlltl•act modifications, resolution of contract claims, and perforinance of all work on the Project shall be excfttsively within the conh•ol of the Goveriiment. 4. At the time the U.S. Ariny Engineer, Seattle District (hereiiiafter the "District Engiueer") fiu•nishes the contractor with the Govert3ment's Written Notice of Acceptance of Completed Work for each contract awa►•ded by the Governmeiit foi• the Project, the District Engineer shall furnish a copy thereof to the Non-Federal Sponsor. 5. The Government shall afford the Noti-Federal Sponsor the opportunity to review anci eomment ou ali design products that are developed by contract or by Government persocuiel during the pei"lOCI O,f CIG'SIg11. The Governzaient sliall consider in good faith the coiuments of the Non-Federal Sponsor, but the final approval of all design praducts shall be exr,lusively witliin the control of the Goveriiment, 6. Notwitlistanding paragraph A.4. of tlus Article, if the award of any contcact for design of the Pi-oject, or continuatian of design of the Projeet using the Governiuent's owu forces, would result in totul desigrr costs exceeding $621,627; the Government and the Nan-Federal Sponsor agree to defer award of that contract, award of all remaiTfing contracts for design af the Project, and continuation of design of the Project using the Govermiient's own forces wltil such time as the Government and the Noii-Federal Sponsor agree iti writing to proceed witti furtlzer contract awards for the Project or the continuation of design of the Pi-oject using the Governmen#'s owti forces, but in no event shail the award of eontracts or the continuation of design of tlle Pl•oject using the Goverimient's owu forces be deferred for anore than three years. Notwitlistanditig tliis general provision fot• deferral, in the event the Assistant Secretary of the Army (Civil Woi•ks) makes a wcitten determination that the award of sucli contract or contracts or continuation of design of the Project using the Government's own forces must proceed in order to comply with law oi• ta protect lluman life or property froiit imminent and substantial hann, the Government, after consultation tivith the Non-Federal Spoiisor, may awaa•d a coiltract or contracts, or continue with design of the Pj•oject using the Government's own forces. 7. As of the effective date of lhis Agreemeiit, $7,755,000 of Federal fiinds for design aild constriiction have been provided by Coiigress for the Autliorized Project of wliich $250,000 is cut7•eiitly projected ta be available for the Project. The Governnlent makes no commitment to request Congress to provide additional Federal funds for the Parent Project or the Project. F-urthei•, the Gavernment's financial participation in the 4 Project is liitiiteci ta the Federal fEinds that the Goverfmieiit makes availabie to the Project. B. The Non-Federal Sponsor sliall conti•ibute 25 peF•cent of toial desigrr costs in accordance witli the pi•ovisions of this paragraph, l. Tlte Non-Federal Spoiisoi• shall pi•ovicle fuzids in accordalice witii Article IV.B. of this Agreement iii the aiiiount iiecessary to ltieet the Non-Federal Sponsor's share of 25 percent of total desigit costs if the Govermnent projects at aiiy timc that Nle colIective value of the Non-Fecteral Sponsor's conh•ibutions under Article II1 and Article VII of this Agceement will be less than such shlre. 2. The Goverimient, subject ta the availability of funds, stiall refund or reiiliburse to the Non-Federal Sponsor any cantributions in excess of 25 percent of tota! desigrt costs if the Government detertiiines at any time that the collective vaiue of the following conti•ibutions has exceeded 25 percent of total clesigir costs: (a) the value of the Non-Federal Sponsor's cantributions under paragraph B. l. of this Articie; and (b) the value of the Non-Federal Spotisor's contributions utider Article III and Article VII of this Agreement. C. Upon conclusion of the periorl of (lesign, the Government sliall conduct an accoUnting, in accordance with Article IV.C. of this Agreement, and fiirnish the results to the Non-Federal Sponsor, D. The Non-Federal Sponsor shatl not use Fe(leral pr•ogr•ant_ftatcl.s to meet any of its obligations for the Project under this Agreement unless tlie Federal ageiicy providing the Federal portion of such funds verifies in writing that expejiditure of such furids for such puipose is expressly authorized by Federal'Iaw. E. The Non-Federal Sponsor may request the Govei•nment to include bettermer:ts ixa the design of the Project. Sucli requests shall be in writing alid shall describe the bedterruent.s t•equested to bc included in the design of the Project. If in its sole ciiscretion the Government eIects to include such bettei•ruejrts or any portion thereaf in the design of the P)•oject, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and canditions, which must be consistent with this Agi•eement. In tlie event of conflict between such writing and this Agreement, this Agreement sliall control. The Governinent sllall allocate tlie costs of tlie Project features that include betterments between total desigfi cost.r and the costs of the better•nrearts. The Noii-FederaI Spo»sor shall be solely responsible for ail costs of design of the betternterits by the Government uiider this paragraph and shall pay all sucli costs in aceordanee with Artiele IV.D. of this Agreelnent. F. If the Governmeiit and a non-Federal iiiterest enter into a Project Partnership Agreement for construction of the Project, ur a separable electicnt thereof, tliz Government, in accordance with the provisions of this paragrapli, shall include the amount of total desigii costs in total project costs for the Project, ar separaUle element thereof. Further, tlfe Government, in accorda«ce witli the provisions of this pacagraph, shall afford credit toward the noji-Federal interest's share of total project costs for tlle Pi•oject, or sepaz•able elemeizt thereof, for the Non-Federal Sponsor's contribittions towai•d Jotul design costs under tliis Agreerlient. 1. If the Govez•niuent aiid a non-Federal interest enter into a Projcct Partncrship Agreement for constructiott of thc entire Pi•oject, tlle Gavecmnent shalI include tlie amouiit of totrrl desig►i costs iii total project costs for tlle Project. Furtlier, the Governmeiit shal( afford credit taward the non-Federal interest's share oftotal project costs fot• the Noii-Fedecal Sponsor's contributioiis toward total clesign costs, including any excess amount determineci in accordance witli Article IV.C.2. or Article IV.D.3.b. of this Agreement that was not refucided or reimbursed by the Gavernment. 2. If the Government and a iion-Federal interest enter into a Project Partnership Agreement for construction of a separable eleilient of the Project, the Government shall determine the portion of total desigrr casts that arc aliacable to such separable element aiid include such amount in total project costs for such separable element. Furrlier, the Government sliall deter«iine the amount of the Non-Federal Sponsor's contributions toward tatal design costs, including any excess lmount determined in accordance with Article IV.C.2, or ArticIe IV.D.3.b. of this Agreement that was not refunded or reimbursed by the Government, that 1re allocable or attt•ibutable to such seplrab{e eleinent and shall afford credit for such arnount toward the non-Federal interest's sliare of total pt•oject costs of such separable element. 3. If tlle Government and a non-Federal interest do not enter into a Project Partnership Agreement for construction of the Project or a separable element thereof, the Govermnent sliall not be obligated to refund or reimburse the Non-Federal Sponsor, iii whole or iu part, for the Non-Federal Sponsoi's 25 percent contribution of total design costs. Further, refund or reimbursement by t12e Goveriiiiient for any excess amount determined in accordance with Ai•ticle IV.C.2. or Ailicle IV.D.3.U. of this Agreement is subject ta the availability of fiznds. 4. Notwithstanding any other provision of Atlicle II.F. of this Agreement, any amount credited for the value of the Non-Federal Sponsor's contributions toward total design cost.s provided in accordance with Artic}es III and VII of this Agreement shall not be applied toward the S percent cash share required by Section I03(a)(1)(A) of the Watei• Resout•ces Development Act of 1986, Public Law 99-662, as ainended {33 U.S.C, 2213(a)(1)(A}}. G. This Agreement shall not be construect as obligating either party to seek funds for, or to participate in, construction or implementation of the Projeet or a sepai•able element thereof or as relieving the Non-Fecieral Sponsor of any future obligation under the ter7ns of any Project Partnership Agreement. 6 ARTICLE III - DESIGN COORDINATION TEAM A. To pi•ovidc foi• consistent and effective comniunication, the Non-Federal Sponsor aiid the Goverrfinent, not later than 30 calendar days after the effective date of this Agreeinent, siiail appoint named senior represeritatives to a Design Coordination Team. Tliereafter, the Design Coordination Team shali ineet regullrly tuitil the end ofthe periocl nf (lesigit. The Govei•niiient's Project Maiiager and a counterpart nacned by the Noti-Federai Sponsor shall co-chair the Design Coordination Teani. B. The Govecnment's Project Manager and the Non-Federal Spoiisor's countecpart sliall keep the Desibn Coordination Team informed of the progress of desigil and of siguificant pending issues anct actions, and shall seek the views of the Design Coordination Team on mltters that the Design Coordination Team generally oversees. C. Until the end of the periodof design, the Design Coorditiation Team shall genecally oversee the Pi-oject, including matters related to: design; completioii of aIl necessary environmental cooc•dinatioii and docutnentation; scheduling of reports and «+ork products; plans atid specifications; real property and relocation reguireinents for consti-uction of the Project; ciesign contract awards and modifications; design contract costs; the Governnient's cost projectioiis; anticipated requirements and needed capabilities for performance of operation, maintenance, repair, rehabilitation, aud replacetnent of the Projeet including issuance of per7nits; and other matters related to the Pi-oject. Tlsis oversight of the Pr•oject shall be consistant with a project mai;agement plan developed by the Goveriunent after consultation with the Non-Federal Sponsor. D. The Design Coordination Teatti may inake recommendatians to the District Eiigiiieer on iiiatters related to the Pr•oject that the Design Coordination Team generally oversees, including suggestions to avoid potential sources of dispiite. The Govemment in good faith shall consider the recommendations af the Design Coordination Team. The Govercunent, having the legal authority and responsibility for design of the Praject, lzas the discretion to accept or reject, in wliole or iu part, the Design Coordiiiation Teani's recornmendations. E. The Non-Fecleral Sponsor's costs of partieipation in the Design Coordinatioii Team shall be included in total design costs aiid shared in accordance with the provisioiis of this Agreement, suUject to an auciit in accordanee with Ailicle VII.C. of this Agreement to determine reasonableness, allocability, and aIlowability of such costs. The Government's costs of participation in the Design Coorciination Teain shall be included in total clesigir costs and shared in accordance with the provisians of this Agreement. ARTICLE IV - METHOD OF PAYMENT A. In accol•dance with the provisions of this paragraph, the Government shall maintairi current records and provide to the Non-FederaI Sponsor curi•e►it projections of costs, financial obligations, and the contcibutions provided by the parties. 1. As of the effective date of this Agi-eement, total elesign costs are projected to be $518,023; the Non-Federal Sponsor's contribution of fuucis reyuired by Article I1.B.1. of this Agreement is projected to be $115,280 the non-Pecleral pi'oPnrtrojrate slim•e is projccted to be 22.1 percent; and the Govetnment's total financial obligations to be incurred to include betterrireirts in the design of the Project and the Non- Federal Sponsor's contribution of funds for such costs required by Article II.E. of this Agreement are projected to be $0. These amounts and percentage are estimates subject to adjustment by the Government, after consuitation witii the Non-Federal Sponsor, and are not to be construeci as the tofal financial responsibiiities of the Govermnent and the Non- Federal Sponsor. 2. By April 1, 2010 and by eacli quarterly anniversary thereof until the conclusion of the per•iod of design and resolution of all relevant claims and appeals, the Government sliall provide the Non-Federal Sponsoi• with a report setting forth all GQI1tC1bUtlOriS pi•ovided to date and the cuz•rent pi•ojections of the following: total (lesigrt cosfr; the Non-Federal Sponsor's total contribution of funds required by Article II,B.1. of tliis Agreement; the non-Feder•ul p)'QpOl'IlO1JClIG' SltCll•e; a1lCI t11C GOVeli]IlleIlt's total financial obligations to be incurred to include betterrneirt.s in the design of the Project and the NQIl-FCCIeT'aI SpO11SOt''S CQTItI'IbU11011 Of fL1naS fOP sucli costs required by Article II.E. of this Agreement. B. The Non-Federal Sponsor shall provide the contributian of funds requi7•ed by Article II,B.1, of tliis Agreement in accordarice witli the provisions of this paragraph. 1. Not less thaii 30 calendar days prior to the sclieduied dafe for issuance of the solicitation for the first coiitract for design af the Pj•oject or commeiiceilient af design of the Project using the Government's own forces, the Government shali notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Governinent determines to Ue required fi•am the Nan-Federal Sponsor to meet: (a) the rron-Fc,~rleral prwpnrtioriale shaj'L' Of f 11C111Cltll ObIIgClIt012s for desigtt incurred prior to the coiiimencement of the period of design; (b) the projected noit-Fetleral pr•oportionate shan•e ofrriancial oblrgations,for desrgn to be incun'ed for such contract; and (c) the projected i:ort-Federal pi•oportionate sJtat•e of fnarrcral obligatiorrs fos• desigrr using the Government's own forces tlirougli the first fi.scal year. Not later tl3an such scheduled date, the Noti-Federal Sponsot• shall provide the Government with the full aiiiount of sucll required funds by detiveriug a check payable to "FAO, USAED, Seattle USACE District" to the District Engineer, or verifying to the satisfaction of the Govei•nment tliat the Non- Federal Sponsor has deposited such required funds iu an escrow or other account acceptable to the Govei•nmecit, with interest accruing to the Non-Federal Sponsor, or by pi•csenting the Government with au irrevocable letter of eredit acceptahle to the Government for such required fiinds, or by providing an Electronic Fuiids Transfer of such required funds in accardance with procedures established by the Governinent. 8 2. Thereafter, until the design of the Projecl is complete, the Government shall notify the Non-Federal Sponsor in writing of the funcis the Government dctermisies to be rcquired fi•onz the Non-Federal Sponsor, anci the Non-Federal Sponsor shall provide sucli fu►tds in accordance witli the provisions of this paragraplt. a. The Government shall notify the Noii-Fedei'ill SpO1150I 131 writing, no later than 60 calen<lar days prior to the scheduled date for issuance of the solicitation for eaeh remainiiig eontraet for design of the Pi•aject, of the fiands the Government determines to be required from the Non-Federal Spotisor to meet the projected raon-I'eder•rrl propo►•tiorratc~ sJtrrl•e of f nanciul obligrrtiars_for• design ta be iiicurrecl foi• such contract. No later than such sche<luled date, the Non-Federal Sponsor stiall make the full amouiit of sucli required funds available to the Government tEirough any of the payment mechanisms specified in paragraph B.1. of this Article. b. The Government siiall notify the Non-Federal Spoiisor in writing, no latec tlian 60 calendar days pc-ior to the Ueginning of eacli,fiscal.yea►• in whic}i the Governmeilt projects that it will make.ffianciul obligntiais fo1• clesigrt of the Pf•oject using the Government's own forces, of tlie funds the Government determines to be required froni the Non-Federal Sponsar to meet the projected itosi-Feder(r( pj•opot•tiolrate sha'C Of fitIClItCIClI ObIIgClIl03lS f0!' CI2S1g1J U5ll1g the GOVeTI1111eE1f's own forces for that fiscal year. No later than 30 calefidar days priar to the beginning of that,frscal year•, the Non-Federal Sponsor shall make the full amount of such reyui;•ed funds for thatfiscal year available to the Goveniment through any of the payment niechanisms specified in paragraph B.1. of tl2is Article. 3. The Governinent sliall draw fi•om the fiinds provided by the Noti- Federal Sponsor such sums as the Government deems necessary to cover: (a) the lrotr- Feder•crl proportionate shar'C Of filill11C1ClI DIJlIgClClOils,fa- desigj: incurced prior to the commencement of the period of (lesigit; and (b) the non-Ferleralps•oportloitate shure of ji'lJCl11CJ!!I OI7IZgClt1011S.f0i- (lesiglr as,Tnurncial obligazion.s for desigri are incurred. If at any time the Goveinment determines that additional fiinds witl be needed fi•am the Non- Federal Sponsor to cover the Nan-Federat Sponsor's share of such financial obligatiotis for the current coutract or to cover the Non-Federal Sgonsor's sliare of suclt financial obligations foa• work performed using the Government's own foi•ces iii the curc•entfirscal Yeat•, the Governmetit shall iiotify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additionll funds are reRuired. Withiji 60 calendar days from receipt of such notice, tlle Non-Federal Sponsor shall provide the Government with the full amount af such additional ►•equireci funds through any of the payment mechanisms specified iii paragrapli B.l . of this Article. C. Upon conclusion of thepef•iorl of desigir and resolution of all relevant claitlis and appeals, the Government shall conduct a final accounting a►ld furnish the Non- Federal Sponsor vvith «n-itten izotice of the results of such finai accounting. If outstanding relevaiit ciaims aiid appeals prevent a final accountiug fi•oni being conducted in a timely manner, the Governinent sliall conduct an interitn accounting and fuinish the Nou- 9 Federal Sponsor with writteci notice of the i•esults of such iiiteriui accouiiting. OI1CE all outstanding reIevant claims and appeals are resolved, the Government shall amend the inteeim accounting to complete the final accounting and furnisli the Non-Federal Sponsor witlt wrltteti notice of the results of such fiual accounting. Tlte i«teri2ii or final accountiTig, as applicable, Shc11I dCtCI'Illllle r()IClI (tL'Slg/1 COS1S. IIl adCjlt1Q12, the i►iterim or final accounting, as applicabte, shall determine each party's cequired share thereof, and each paily's total contributions thereto as of the date of such accounting. l. Shoulci the interim or tinal accounting, as applicable, sIiow that the Non-Federal Sponsoi's total required share of total design costs exceeds the Non-Federal Sponsor's total contributions provided theieto, the Non-Federal Sponsor, no later than 90 calcndar. days after receipt of written notice fi•om the Governitient, sltall ►iiake a paytnent to the Govermnent in an amoutit equal to the difference by cielivering a ciieck payabie to "FAO, USAED, Selttle USACE District" to the District Engineer or by providing an Electronic Funds Transfex• in accordance with proccdures establislied by the Government. 2. Should the interim or final accounting, as applicaUle, show that the total contributions provideci by the Noii-Federal Sponsor for tatul desigir cost.s exceed the Non-Federal Sponsor's total required share thereof, the Government, subject to the availability of funds, shall refund or reimburse tlie excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of suc}i accounting. In the event the Non-Federal Sponsor is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the Non-Federal Spoiisor, the Govecnment shall seek such appropriations as are necessary to inake the refund or reimbursement. If such appropriations are not received ot•, if the Non-Federal Sponsor requests that the Government not refund or reimburse the excess amount to the Non- Pederal Sponsor, the Government shall apply the excess amount toward the share of total project costs for the Project that is required of the non-Federal interest executing a Project Partneiship Agreement or agreements for the Project or separable element thereof in accordance witli Article TI.F. of this Agreement. D. The Non-Fedecal Sponsor shall provide the contribution of funds required by Article II.E. of this Agreement to iuclnde betterirreiits in the design of the Pi•oject in accordance with the provisions of this paragrapli. 1. Not less than 60 calendar days priok• to the scheduled date for the first financial obiigation to inclucie bettef•rr2ents in the design of the Project, the Government shall notify the Non-Federal Sponsor in «riting of such scheduled date and of the full atilaunt af funds the Governcnent determines ta Ue required fi•om the Nan-Federal Sponsor ta cover the costs of design of such betterurents. No later than 30 calendar days prior to the Government incuning any financial obligation for design of such bettermerrts, the Non-Federai Sponsor shall provide the Government witli the full anlount of the funds required to cover the costs of design of such bettcrmertts through aiiy of the paytne►it mechanisms specified in paragraph B.1. of this Article. 10 2. T}ie Govei•cimetit shall draw fi•oiti the funds provided Uy the Non- Federal Sponsor such sunis as the Govet•nment deems necessary to cover the Govei•nment's f naiicial obligations for design of sucll bettern:ents as tliey are incurrcd. If at any time the Government determines that the Non-Federal Sponsor rnust provide additional funds to pay far design of such betterrlteitts, the Gavernment shall notify the Non-Federal Sponsor in writiilg of the additional funds requireci and provide an explanation of why additional funds are requireci. Within 30 ealenciar days from reeeipt of sitch notice, tlie Non-Fec€eral Sponsor sllail provide the Gover►iuietit with the full amount of such additional required funds through any of the payment meclianisms specified in parag;•aph B.1. of this Ailiele. 3. At the tinie the GovecllillCllt COI1Cil1Ct5 the llltel'Illl Ol' 1111I 1CCOliilt(11g, as applieable, the Governmelit shall conduct an accounting of the Government's financial obligations to include betternteftts iti the design of the Project and fiirnish the Non- Federal Sponsor with written notice of the results of suc}i accounting. If outstandiug relevant claims and appeals prevent a final accounting of design of such betternrerrts from being conducted in a tiniely manner, the Govez•nment sha}l conduct an intecim accounting of design of such Gette~ments and ftirnish the Non-Federal Sponsor with written notice of the res«lts of sucli intei•im accouiiting. Oncc all outstanding relevacit elaims and appeals are resolved, the Government shall ainenci the interim accounting of design of such hetferrnent.s to cotnplete the final accounting of design of such betterrrierrts and furnisli the Non-Federal Sponsox• vvith written notice of the results of sucli final accounting. Such ititecim or final accounting, as applicable, shall determine the Government's total fiiiancial abligations for design of such betternnerrt.s and the Non-Federal Sponsor's contribution of funds provided thereto as af the date of such accounting. a. Sliould the interiin or final accounting, as applicable, sliow tllat the total obligations for including bettef•»rents in the design of the Pi•oject exceed the total contribution of fiinds provided by the Non-Federal Sponsor for design of such betterments, the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Governnie►it, shall niake a payinent to the Government in an amount equal to the difference by delivering a cIieck payable to "FAO, USAED, Seattle USACE District" to the District Engineer oj• Uy pi•oviding ata Electronic Funds Transfer in accordaafce with proeedui•es established by the Government. b. Should the ijiterim or final accounting, as applicable, show that the total cont►•ibution of fiinds provided by the Non-Federal Sponsor for including betteivnents in the design of the Pi•oject exceeds the total obligations for design of such better»reirts, the Goveriiment, subject to the availability of fiznds, sliall refund the excess amouzit to the Non-Federal Sponsor within 90 calendar days of the date of completioli of such accouiititig. In the evexit the Non-Federal Sponsor is due a refund and funds are not available to refund the excess amount to the Non-Federal Sponsor, the Govemment shall seek such appropriations as are necessary to make the refund. If such lppropriations are not i•eceived or, if the Non-Fedei•al Sponsoz• reyuests that the Government not refunci the excess amount to the Non-Federal Sponsor, the Government sliall apply the excess amount toward the share of total project costs for the Project that is required of the non- Federal interest executing a Project Fat-tnership Agreement or agreements for the Pj•oject or separable element thereof in accordaalce with Article II.F. of this Agreeuient. ARTICLE V - DISPUTE RESOLUTION As a condition precedent to a party Uringing any suit for breach of this Agceenient, that paxiy inust first notify the other party in writing of tlie nature of the purporteci brelch and seek in good faith to resolve the dispute tln•ough negotiation. If the parties cannot resolve the dispute tlirougli negotiation, they may agree to amufualiy acceptable method of noii-binding alternative dispute resoltttian with a qualified thtrd party acceptable to both parties. E1ch party shall pay an equal sharc of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties fi•oin perfortnauce pursuant ta this Agreement. ARTICLE VI - HOLD AND SAVE Subject to the provisions of Ailicle XIII af this Agreement, the Non-Federal Sponsor shall hold and save the Govemiiient fi•ee from aIl damages arising fiom design of the Prvject anci any betterniext.s, except for damages due to the fault or negligence of the Gavernment or its contractors, ARTICLE VII - MAINTENANCE OF RECORDS AND AUDIT A, Not later than 60 calendar days after the effective date of this Agreeinent, the Governnient and tlie Noii-Federal Sponsor shall develop proceduc•es for keeping books, reeords, doeuments, or other evidence peitaining to costs and expenses incucred pursuant to this Agi•eement. These procedures shaIl incorporate, and appIy as appropriate, tlie standards for financial management systems set forth in the Uniforin Administrative Requirements for Grants and Cooperative Agreements to State and Iacal Governments at 32 C,F.R. Section 33,20. Tlie Governinent and the Non-Fe<ieral Sponsoi• shall maintain sucli books, records, documents, or otlier evidence in accordance with these procedures and for a minimwn of tllree years after completion af the accounting for which such books, records, documenfs, or other evidence were required. To the eYtent permitted under applicable Federal Iaws and regulations, the Governnient and the Non-Federal Sponsor slia(l each allow the othei• to inspect such books, records, documents, ox• other evidence. B. hi accordance with 32 C.F.R. Section 33.26, the Non-Federal Sponsor is responsible foi• coniplying witli the Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507), as implemeiiteci by Office of Mauagement aiid Budget (OMB) Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the Non-Fedecal Sponsor and to the extent permitted under applicable Federal laws and regulations, the Goverimlent shall provide to t}ie Non-Federal Sponsor and independent auditors any information necessary to enable an audit of the Non-Federal Sponsor's activities under tliis Agreement. 12 The costs of a►iy non-Federal audits performeci in accordance witli this paragi-aph shall Ue allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Pi•oject shall be ineiuded in toral clesigir costs aud shared in accordance with the pcovisions of this Agreement. G In accordance with 31 U.S.C. 7503, tile Goverivnent inay conduct audits in addition to aiiy audit that the Non-Fecieral Sponsor is required to conduct undez• the Single Audit Act Ainendments of 1996. Any sueh Govermilent audits sliall be conducted in accordance witli Gover►iment Auditing Standards and the cost principles in 4MB Circular No. A-87 and other applicahle cost principles atld regulations. The costs of Govemment aUd1tS j]el'f0I'I11Cd ]Il aCC01'(}dI1C0 witll tI11S pilTagla])l1 Sllall be ITIClUdeCI lfl tOrC1I CjC'SIgiT COSt.r and shared in accordance with the provisions of this Agreement. ARTICI,E VIII - FEDERAL AND STATE LAWS In the exercise of their i•espective rights and obligations tinder tllis Agreement, the Non-Federal Sponsor and the Government shn1l coniply witll all applicable Federal and State laws aiid regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Depaiiment of Defense Directive 5500.11 issued pursuant thereta and Army Regulation 600-7, entitled "Nondiscrimination an the Basis af Handicap in Programs and Activities Assisted or Conducted by the Depatlment of the Army". ARTICLE IX - RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under tliis Agreement, the Govei•nment and the Non-Federal Sponsor each aet in an independent capacity, and neitlier is to be considered tl3e officer, agent, or employee of the other. B. Iu the exercise of its rights and obligations under this Agreenient, neither party shail provide, without tlie consent of the other pai-ty, any contraetor with a release that waives or purparts to waive any riglits the other pacty may have to seek reiief or redress against that contractor either pucsuant to any cause of action that the other party tnay have or for violation of any law. ARTICLE X- TERMINATI4N OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations utider this Agf•eeiiient, the Assistant Secretary of the Army {Civil Works} shall terminate this Agreernent or suspend future perfoa•mance unciec this Agreement uniess he determiiies that contitluation of desigu of the Project is in the interest of the United States or is necessary in order to satisfy agreemeiits with any other non-Federai interests in connection with the Project. 13 B. In tlie event the Govermneiit projects that the amouiit of Federal funds the Goverliment will make available to the Pr•ojecl tln•ouglT the tlteu-carrent,frscal yeaJ•, or tlfe amount of Federal funds the Goveriiment will make available for the Prqject through the UpC0I11111gf scal yeur, is not sufficient to meet the Federal share of tatul desigrt cost.s• that the Govea•nment projects to be incut•red through the then-current or upcoming, fiscal yeus•, 1s applicable, tlic Government shali notify the Noii-Federal Sponsor in writiiig of sucli iiisufficieney of fiuids and of the date the Government projects that the Federal fuuds that will liave been made available to the Project will be exhausted. Upon the exliaustion of E'ederal funds made availaUlc Uy the Govcrnment to the Praject, future perforinance under this Agreement shall be suspended. Such suspension shaIl t•emaiii in effect until such time that the Government iiotifies the Non-Federal Sponsor in wciting that sufficient Federal funds are available to meet the Federal share of total design costs the Government projects to be incurred through the thei}-current or upcoming.fiscal yeur, or the Governmcnt or the Non-Fcdera] Sponsor elects to tertninate this Agreement. C. In the event tlie Govei7lmen# cietermines that modifications to the Pi•aject are required aild that additianal authorization by Congress will be required befoi•e the Government may constriict such modifications, the Governtaient shall ►totify the Non- Federal Sponsoi• in writing of such determinations and shall tercninate this Agreement. D. In the event that this Agreexnent is tei•minated pursuant to tliis Article, both parties shall conctude tlieir activities relating to the Pr•oject and conduct ati accounting in accordance with Atficle IV.C. of this Ageement. To provide for this eventuality, the Government may reserve apercentage of total Federal funds made available for the Pr•oject and aii equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article II,B.1. of this Agreement as a contingejicy to pay costs of tennination, including any costs of resolution af contract claims and contcact modificatious, E. Any terminatian of this Agreement or suspension of future perfonnance under this Agreement in accordance with tliis Article shall not retieve the parties of liability for any obligation previously incurred. Any delinqttent payment owed by the Non-Fedei•al Sponsor sliatl be cliarged interest at a rate, to be deteriiiined by the Secretaiy of the Tceasuiy, equal to 150 pei• centum of the average bond equivalent rate of the 13 week Ti•easury bills auctioriecl immediately prior to the date on w}iich sucli pa}nnent became delinquetit, or auctioned imtiiediately prior to the beginning of eacji additional 3 month period if the period of delinquency e:cceeds 3 nionths. ARTICLE XI - NOTICES A. Any notice, request, demand, or other comniunication required or pei-initted to be given under this Agreement ghall be deemed to have been duly given if in writing and delivered personalIy or sent by telegram or rnailed by first-class, registered, or certified niail, 1s follows: 14 If to the Non-Federal Sponsor: Director, Planning, Building & Com2yiunity Depailment City of Aubnrn 25 West Main Street Auhuril, WA 98001 If to the Government: Chief, Planning Branch, PPMD Seattle District, Coi•ps of Engineers P.O. Box 3755 Scattle, WA 98124-3755 B. A pai•ty iiiay change the addcess to wiiich such corumunications arc to be directed by giviiig written notice to the other paily in tlie manner provided iii this Article. C. Alry iiotice, request, demand, or other cominunication niade pursuant to this Article shall bc deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days aftex• it is mailed. ARTICLE XII - CONFIDENTIALITY To the extent perntitted by the laws governing each party, the patlies agree to maiiitaiii the confideTitiality of exclianged information when requested to do so by the providing party. ARTICLE XIII - OBLIGATIONS OF FUTURE APPROPRIATiONS A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the City Council af the City of Auburii, where creating sucii ali obligation would be inconsistent with Title 3 of the Auburn City Code. B. The Non-Federal Sponsor intends to fulfill its obligations under this Agreement. The Non-Federal Sponsor shalI include iu its buciget request or otherwise propose appropriations of funds in amounts sufficient to fiilfill these obligations for tliat year, and sha11 use aIl reasonable and lawful means to secure those appropi•iations. The Non-Federal Sponsoa• reasonably believes that funds in amounts sufficient to fulfill these obligations latvfully can and will be appropriated and made available for this purpose. In tiie event funcls are not appropriated in amo«nts sufficient to fulfill tliese obligations, the Non-Federal Spausor shall use its best efforts to satisfy auy requirements for payments or contributions of funds under tliis Agreement from any other source of funds legally available foa• this purpose. Further, if the Non-Fecieral Sponsor is unable to fulfill these 15 obligations, the Governinent may exercise any legal riglits it has ta protect the Government's interests related ta this Agcee►nent, IN WITNESS WHERE4F, the parties hereto have e,ceeuted this Agceement, whieh shall become efTective upon tt;e date it is signed Uy the District Engineer. DEPARTMENT OF THE ARMY BY: DATE: Anthony O. Wriglit Colonel, Coi•ps of Engineers District Engineer CITY OF AUBURN BY: Peter B. Lewis Mayoc DATE: 16 CERTIFICATE OF AUTHORITY I, , do hereby ce;•tify that I am the principal IegaI officer of the City of Auburn, tllat the City of Auburn is a legally constihited public body wit}i futl autliority and legal capability to perform the terms of the Agreemejit between the Depaiiment of the Army and the City of Aubuin in connection with design of tlte Duwamisli/Mill Creek Wetlaucl SK Ecosystem Restoration Project, and ta pay damages, if necessary, in the eve»t of the faihire to perform in accordance with the terms of this Agreeinent and that the persons who have executed this Agreement oil behalf of the City of Auburn have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20_ Dan Heid City Attoiney, City of Auburn 17 CERTIFICATION REGARDING LOBBYING The undcrsigue<i certifies, to the best of liis or lier knowledge and belief that: (1) No Pederal appropriated funds have been paid or will bc paid, by or on behalf of tlte undersigned, to any person for influencing or atteit71>tittg to influence an afficcr or emptoyee of any agency, a Member of Congress, an off cer or employee of Coiigress, oi• an employee of a Member of Congress in coiuiection with the awarciing of any Federal contract, tlfc niaking of any Fecleral grant, the making of any Federal loan, the entering itlto of any coopecative agreement, and the extension, continuation, rene«al, amenclment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If aiiy fimds other tiian Federal appropriated fu«ds liave beeii paid or witl be paid to any person for inflltencing or atteuipting to influeiice an officer or employee of any lgency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with t13is Federal cantract, grant, Ioan, or cooperative agreement, the uudersigned shalI complete and submit Standard Form-LLL, "Diselosure Form to Report Lobbyiiig," iii accordance with its instructions. {3} The undersigned shall require that the language of this certificatioil Ue ineluded in the award documejits for alI subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loaus, and cooperative agreements) and that all subrecipients shali certify and disciose accordingly. This certification is a material representation of fact upon which reliauce was placed when this transaction was tnade or entered inta. Subinission of this certification is a prerequisite for making or entering into this transactian imposed by 31 U.S.C. 1352. Any person who fails to file tlie required ceilification shatl be subject to a civil penalty of not less than $10,000 and not nioce than $ 100,000 for each such failuc•e. Peter B. Lewis Mayor, City of Auburii DATE: 18