HomeMy WebLinkAbout07-21-2014 PUBLIC WORKS COMMITTEE AGENDACj'I Y, of
AUBURN
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CALL TO ORDER
A. Roll Call
B. Announcements
C. Agenda Modifications
CONSENT AGENDA
Public Works Committee
July 21, 2014 - 3:30 PM
Annex Conference Room 2
AGENDA
A. Approval of Minutes*
Public Works Committee to approve the minutes of the July 7, 2014 Public Works
Committee meeting
III. ACTION
A. Resolution No. 5078* (Mund)
A Resolution of the City Council of the City of Auburn, Washington, setting a public
hearing to consider a franchise agreement with Electric Lightwave, LLC, a wholly
owned subsidiary of Integra Telecom Holdings, Inc
B. Right -of -Way Use Permit No. 14 -28* (Mund)
Approve Right -of -Way Use Permit No. 14 -28 for Auburn Days Festival and Fun
Run
C. Right -of -Way Use Permit No. 14 -29* (Mund)
Approve Right -of -Way Use Permit No. 14 -29 for Auburn Noon Lions Club and the
Auburn Downtown Association
D. Public Works Project No. CP1104* (Larson)
Award Contract No. 14 -09 to Valley Electric Company of Mount Vernon on their
low bid of $258,189.23 for Project No. CP1104, 8th St NE and 104th Ave SE
Intersection Improvements
E. Public Works Project No. CP1222* (Larson)
Approve Final Pay Estimate No.3 to Contract No. 13 -15 in the Amount of
$3,978.39 and Accept Construction of Project No. CP1222, Citywide Traffic Signal
Safety Improvements
F. Resolution No. 5086* (Gaub / Ruth)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute an agreement with Jacob Armijo to convey an easement over a
portion of City storm water retention property
G. Ordinance No. 6520* (Gaub)
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An Ordinance of the City Council of the City of Auburn, Washington, Amending
sections 13.32A.020 and 13.32A.120 of the Auburn City Code relating to
Undergrounding Wiring
IV. DISCUSSION ITEMS
A. Design Standards Revisions - Landscaping (Welsh)
B. Resolution No. 4959* (Snyder)
The purpose of Resolution No. 4959 is for the City Council to authorize the City of
Auburn to enter into a Project Partnership Agreement (PPA) with the U.S. Army
Corps of Engineers to construct the Mill Creek Wetland 5K project.
C. Utility System Development Charges (SDC) Analysis Update from FCS Group
(Fenhaus)
D. Capital Project Status Report* (Sweeting)
E. Significant Infrastructure Projects by Others - Public Works Status Report*
Gaub
F. Action Tracking Matrix* (Gaub)
V. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are available for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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Agenda Subject:
Approval of Minutes
Department:
Public Works
Attachments:
Draft Minutes
AGENDA BILL APPROVAL FORM
Date:
July 15, 2014
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to approve the minutes of the July 7, 2014 Public Works
Committee meeting.
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff:
Meeting Date: July 21, 2014 Item r: CA.A
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I. CALL TO ORDER
Public Works Committee
July 7, 2014 - 3:30 PM
Annex Conference Room 2
MINUTES
Chairman Wayne Osborne called the meeting to order at 3:30 p.m. in
Conference Room #2, located on the second floor of Auburn City Hall, One
East Main Street, Auburn, Washington.
A. Roll Call
Chairman Wayne Osborne, Vice -Chair Bill Peloza, and Member
Claude DaCorsi were present. Also present during the meeting were:
Mayor Nancy Backus, Community Development & Public Works
Director Kevin Snyder, Assistant Director of Engineering /City Engineer
Ingrid Gaub, Assistant Director of Public Works Operations Randy
Bailey, Assistant City Engineer Jacob Sweeting, Transportation
Manager Pablo Para, Finance Director Shelley Coleman, City
Attorney Dan Heid, Engineering Aide Amber Mund, Street Systems
Engineer Jai Carter, Project Engineer Matt Larson, Project Engineer
Seth Wickstrom, Environmental Services Manager Chris Andersen
and Public Works Secretary Molly Mendez.
Members of the public in attendance included: Mike Stringer.
B. Announcements
There were no announcements.
C. Agenda Modifications
There was one agenda modification, removing Action Item F, Public
Works Project No. CP1104, from the agenda.
11. CONSENT AGENDA
A. Approval of Minutes
Public Works Committee to approve the minutes of the June 16, 2014
Public Works Committee meeting.
Vice -Chair Peloza noted a minor error on page 4 of the minutes.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve the Public Works Committee Meeting
minutes for date, June 16, 2014, as amended.
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CA.A Page 4 of 130
Motion carried 3 -0.
111. ACTION
A. Right -of -Way Use Permit No. 14 -25 (Mund)
Approve Right -of -Way Use Permit No. 14 -25 for Lehnertz Family LLC
Engineering Aide Mund explained Right -of -Way Use Permit No. 14 -25
is for Lehnertz Family LLC. Lehnertz Family LLC has applied for
renewal of a Right -of -Way Use Permit for a term of five years. This
permit is for existing awnings and canopies attached to the Truitt
Building.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Right -of -Way Use Permit No. 14 -25 for
Lehnertz Family LLC.
Motion carried 3 -0.
B. Right -of -Way Use Permit No. 14 -26 (Mund)
Approve Right -of -Way Use Permit No. 14 -26 for Scarff Motors Inc.
Engineering Aide Mund explained Right -of -Way Use Permit No. 14 -26
is for Scarff Motors Inc to continue to park vehicles in the right -of -way
surrounding their property. This is a five year renewal of a recently
expired permit.
Engineering Aide Mund responded to a question asked by Vice -Chair
Peloza regarding rent collection.
Answering a question asked by Member DaCorsi, Engineering Aide
Mund explained the spot mark process.
Member DaCorsi noted a Scrivener's error on page 15, paragraph 6A.
Engineering Aide Mund will correct.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Right -of -Way Use Permit No. 14 -26 for
Scarff Motors Inc.
Motion carried 3 -0.
C. Public Works Project No. CP1224 (Wickstrom)
Approve Final Pay Estimate No. 9 to Contract No. 13 -04 in the
amount of $21,373.86 and accept construction of Project No. CP1224,
2013 Local Street pavement Reconstruction Project
Project Engineer Wickstrom provided a brief background summary of
the project. There were no questions from the Committee.
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It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Final Pay Estimate No. 9 to Contract No.
13 -04 in the amount of $21,373.86 and accept construction of Project
No. CP1224, 2013 Local Street Pavement Reconstruction Project.
Motion carried 3 -0.
D. Public Works Project No. CP1225 (Wickstrom)
Approve Final Pay Estimate No. 5 to Contract No. 13 -05 in the
amount of $4,720.00 and accept construction of Project No. CP1225,
West Valley Highway System Preservation Project
Project Engineer Wickstrom provided a brief background summary of
the project. There were no questions from the Committee.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Final Pay Estimate No. 5 to Contract No.
13 -05 in the amount of $4,720.00 and accept construction of Project
No. CP1225, West Valley Highway System Preservation Project.
Motion carried 3 -0.
E. Public Works Project No. CP1024 (Larson)
Award Contract No. 14 -06 to Rodarte Construction, Inc. on their low
bid of $577,667.45 for Project No. CP1024, M Street SE and Auburn
Way South Intersection Improvements
Assistant City Engineer Sweeting explained that staff is asking for
permission to award Contract No. 14 -06.
Assistant City Engineer Sweeting responded to a question asked by
Member DaCorsi regarding the engineers estimate and low bid
amount.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee award Contract No. 14 -06 to Rodarte
Construction, Inc. on their low bid of $577,667.45 for Project No.
CP1024, M Street SE and Auburn Way South Intersection
Improvements.
Motion carried 3 -0.
F. Public Works Project No. CP1104 (Larson)
Reject all Bids and Re- advertise Contract No. 14 -09 for Project No.
CP1104, 8th St NE and 104th Ave SE Intersection Improvements
Action Item F was removed from the agenda.
G. Public Works Project No. CP1323 (Carter)
Approve Award of Contract No. 14 -11, to the Lowest Responsible
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Bidder for Project No. CP1323, 2014 Local Street Pavement
Reconstruction Project
Street System Engineer Carter distributed updated agenda bill
information on the bid and provided a brief background summary of
the project. There were no questions from the Committee.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve award of Contract No. 14 -11, to the
lowest responsible bidder for Project No. CP1323, 2014 Local Street
Pavement Reconstruction Project.
Motion carried 3 -0.
H. Public Works Project No. CP1301 (Carter)
Approve Final Pay Estimate No. 4 to Contract No. 13 -20 in the
amount of $46,235.40 and accept construction of Project No. CP1301,
2013 Citywide Sidewalk Repair Project
Street System Engineer Carter provided a brief background summary
of the project. There were no questions from the Committee.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Final Pay Estimate No. 4 to Contract No.
13 -20 in the amount of $46,235.40 and accept construction of Project
No. CP1301, 2013 Citywide Sidewalk Repair Project.
Motion carried 3 -0.
IV. DISCUSSION ITEMS
A. Revenue Manual (Coleman)
2014 Revenue Manual
For the purpose of these minutes, this item was discussed after
Discussion Item C.
Finance Director Coleman responded to a question asked by
Chairman Osborne regarding the percentage which goes towards
arterial street improvement funding.
B. Resolution No. 5080 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington
Declaring Certain Items of Property as Surplus and Authorizing their
Disposal
For the purpose of these minutes, this item was discussed after
Discussion Item A.
Assistant Director of Public Works Operations Bailey provided an
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overview of Resolution No. 5080.
In response to a question asked by Member DaCorsi, Assistant
Director of Public Works Operations Bailey explained the surplus
process.
Responding to a question asked by Vice -Chair Peloza, Assistant
Director of Public Works Operations Bailey advised as to how a non-
profit organization would be able to acquire a surplus item.
C. Mill Creek Wetland 5K Restoration Project (Andersen)
Review and discuss the federal /non - federal partnership agreement for
City Project No. CP0746
For the purpose of these minutes, this item was discussed prior to
Discussion Item A.
Environmental Services Manager Andersen asked for Chairman
Osborne's permission to include Mike Stringer (with the environmental
consulting firm) at the table for this discussion. Chairman Osborne
permitted.
Environmental Services Manager Andersen provided overview of the
project.
There was a short group discussion regarding the total estimated
project cost and what the costs to the City would be following a
question asked by Chairman Osborne.
Member DaCorsi asked if the funding will no longer be available if the
deadline is not met. Environmental Services Manager Andersen
responded stating it has been indicated by the Corp that it is highly
likely that the funds will not be available if it is not secured by the
deadline.
In response to a question asked by Chairman Osborne,
Environmental Services Manager Andersen outlined what the
continued maintenance will be once construction is complete.
There was a short conversation regarding beaver dams near this
project location.
D. Capital Project Status Report (Sweeting)
Item 25 — CP1304 — 37th St & B St NW BNSF Pre - Signal:
Responding to a question asked by Member DaCorsi, Assistant City
Engineer Sweeting explained the City has obtained a tentative
approval from BNSF for the proposed design using the Railroads
cantilever structure and currently the process of negotiating the
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agreement is underway.
E. Significant Infrastructure Projects by Others - Public Works Status
Report (Laub)
Assistant City Engineer provided updated information to the
Committee regarding the replacement of gas lines on Auburn Way
South following a question asked by Chairman Osborne.
F. Action Tracking Matrix (Laub)
Item F — 105th Street Sewer Odor:
Assistant Director of Public Works Operations Bailey advised there
are no new findings on this item in response to a question asked by
Chairman Osborne.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:22 p.m.
Approved this 21st day of July, 2014.
Wayne Osborne Molly Mendez
Chairman Public Works Department Secretary
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Agenda Subject:
Resolution No. 5078
Department:
Public Works
Attachments:
x # # L#
H
AGENDA BILL APPROVAL FORM
Date:
July 10, 2014
Budget Impact:
$0
Administrative Recommendation:
City Council approves Resolution No. 5078 setting the date of the public hearing for
Franchise Agreement No. 13 -28 for Electric Lightwave LLC for September 2, 2014.
Background Summary:
Resolution No. 5078 sets the date of the public hearing for Franchise Agreement No.
13 -28 Electric Lightwave LLC for September 2, 2014 at 7:30 pm in Council Chambers.
Franchise Agreement No. 13 -28, Draft Ordinance No. 6513 is attached as back up
documentation for Resolution No. 5078. Per Auburn City Code Chapter 20.06.010, a
franchise shall be required of any commercial utility or telecommunications operator or
carrier or other person who desires to occupy public ways of the city and to provide
telecommunications or commercial utility services to any person or area in the city.
Electric Lightwave LLC (ELI) has applied for a Franchise Agreement to be able to
operate and build within the City's rights of way a telecommunications network. The
applicant will offer telecommunications services to customers within Auburn. The
proposed franchise area is all rights of way in the City, as ELI leases facilities from
CenturyLink and BPA throughout the City to provide service. Should ELI wish to build
their own facilities they would need and amendment to this agreement and would need
to obtain permits as required by the agreement. Exact locations, plans, engineering and
construction schedules of any future ELI owned facilities would be reviewed, approved
and managed through the City's permitting processes that are a requirement of the
Franchise Agreement.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember: Osborne Staff: Mund
ACT.A AUBURN * MORE THAN YOU IMAGINED Page 10 of 130
Meeting Date: July 21, 2014 Item r: ACT.A
ACT.A AUBURN * MORE THAN YOU IMAGINED Page 11 of 130
RESOLUTION NO. 5078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER A FRANCHISE AGREEMENT WITH
ELECTRIC LIGHTWAVE, LLC, A WHOLLY OWNED
SUBSIDIARY OF INTEGRA TELECOM HOLDINGS, INC
WHEREAS, Electric Lightwave, LLC (ELI) has applied to the City for a non-
exclusive Franchise Agreement for the right of entry, use, and occupation of certain public
rights -of -way within the City of Auburn, expressly to install, construct, erect, operate,
maintain, repair, relocate and remove its facilities in, on, upon, along and /or across those
right(s) -of -way; and
WHEREAS, the Public Works Committee of the Auburn City Council has reviewed
ELI's application materials, and, pursuant to ACC 20.06.040, the Public Works Committee
has recommended to the City Council that it schedule a public hearing on the application;
and
WHEREAS, the City Council agrees with the recommendation of the Public Works
Committee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the application by Electric Lightwave, LLC for a
Franchise Agreement with the City of Auburn is hereby set for 7:30 p.m. on the 2nd day of
September, 2014, at the City Council Chambers at 25 West Main Street, Auburn,
Washington, 98001, with all persons wishing to speak to the application at the public
----------------------------
Resolution No. 5078
Franchise Agreement No. 13 -28
June 9, 2014
Page 1
ACT.A Page 12 of 130
hearing being invited to attend.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of , 2014
CITY OF AUBURN
Nancy Backus
Mayor
Attest:
Danielle E. Daskam, City Clerk
Approved as to Form:
Daniel B. Heid, City Attorney
----------------------------
Resolution No. 5078
Franchise Agreement No. 13 -28
June 9, 2014
Page 2
ACT.A Page 13 of 130
ORDINANCE NO. 6513
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
ELECTRIC LIGHTWAVE, LLC, A WHOLLY OWNED
SUBSIDIARY OF INTEGRA TELECOM HOLDINGS,
INC, A DELEWARE CORPORATION, A FRANCHISE
FOR TELECOMMUNICATIONS TYPE OF UTILITY
WHEREAS, Electric Lightwave LLC ( "ELI ") ( "Grantee ") has applied to the
City of Auburn ( "City ") for a non - exclusive Franchise for the right of entry, use,
and occupation of certain public right(s) -of -way within the City, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, over, under, along and /or across those right(s) -of -way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee's request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s) -of -way
and /or other public property within the City of Auburn (the "Franchise Area ").
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
"B," attached hereto and incorporated by reference, and all necessary
appurtenances thereto, ( "Grantee Facilities ") for provision of those services set
forth in Exhibit "C" ( "Grantee Services ") in, along, under and across the
Franchise Area.
C. At the time of initial application Grantee represented that it did not
currently own, lease, or have indefeasible rights of use for any facilities that
would be defined as Grantee Facilities under this Franchise. This Franchise does
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 1 of 19
ACT.A Page 14 of 130
not authorize the use of the Franchise Area for any facilities or services other
than Grantee Facilities and Grantee Services, and it extends no rights or
privilege relative to any facilities or services of any type, including Grantee
Facilities and Grantee Services, on public or private property elsewhere within
the City. If Grantee intends to install, construct, erect, operate, or maintain new
Grantee Facilities, it shall submit an application to amend this Franchise, which
amendment may be approved by the City administratively.
D. This Franchise is non - exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee's right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights -of -way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee acknowledges its use of the
Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate any right -of -way within the Franchise Area. If, at any time during the
term of this Franchise, the City vacates any portion of the Franchise Area
containing Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public's need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
City.. Engineering Aide,
Community Development and
Public Works Department - Transportation
City of Auburn
25 West Main Street
------------------------------
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 2of19
ACT.A Page 15 of 130
Auburn, WA 98001 -4998
Telephone: (253) 931 -3010; Fax: (253) 931 -3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001 -4998
Grantee: Electric Lightwave LLC, ( ELI)
1201 NE Lloyd Blvd, Suite 500
Portland, OR 97232
Attn: Contract Administration
Telephone: 503 - 453 -8000
Fax: 503 - 453 -8221
B. Any changes to the above - stated Grantee information shall be sent
to the City's Engineering Aide, Community Development and Public Works
Department — Transportation Division, with copies to the City Clerk, referencing
the title of this agreement.
C. The above - stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently 240 to 180 days prior to
expiration of the then - current term). Any materials submitted by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise — Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
extension thereof, the Franchise automatically continues month to month until
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 3of19
ACT.A Page 16 of 130
renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
"ACC" means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
"Maintenance or Maintain" shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
"Relocation" means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
"Rights -of -Way" means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights -of -ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit "D," and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guarantees specified in Section 16
(collectively, "Franchise Acceptance "). The date that such Franchise Acceptance
is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within 30 days after the effective date of the ordinance approving the
Franchise, the City's grant of the Franchise will be null and void.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 4of19
ACT.A Page 17 of 130
Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done within the City.
Grantee shall comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work, which shall be done in a
thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right -of -way within which Grantee is under taking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public right -of -way and may from
time to time, pursuant to the applicable sections of this Franchise, require the
removal, relocation and /or replacement thereof in the public interest and safety at
the expense of the Grantee.
D. Before commencing any work within the public right -of -way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights -of -way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty -
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City Engineering Aide in writing as promptly as
possible, before such repair or emergency work commences, or as soon
thereafter as possible, if advance notice is not practical. The City may act, at
any time, without prior written notice in the case of emergency, but shall notify
the Grantee in writing as promptly as possible under the circumstances.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 5of19
ACT.A Page 18 of 130
Section 8. Damages to City and Third -Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third -
party, Grantee will restore, at its own cost and expense, said property to a safe
condition. Such repair work shall be performed and completed to the satisfaction
of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee's, which was installed, constructed, completed or in
place prior in time to Grantee's application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another utility's
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right -of -way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer
facilities and ten (10) feet from above - ground City water facilities; provided, that
for development of new areas, the City, in consultation with Grantee and other
utility purveyors or authorized users of the Public Way, will develop guidelines
and procedures for determining specific utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City Engineering Aide to coordinate municipal
functions with Grantee's activities and fulfill any municipal obligations under state
law. Said information shall include, at a minimum, as -built drawings of Grantee
Facilities, installation inventory, and maps and plans showing the location of
existing or planned facilities within the City. Said information may be requested
either in hard copy or electronic format, compatible with the City's data base
system, as now or hereinafter existing, including the City's geographic
information Service (GIS) data base. Grantee shall keep the City Engineering
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 6of19
ACT.A Page 19 of 130
Aide informed of its long -range plans for coordination with the City's long -range
plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City.
Accordingly, the City agrees to notify the Grantee of requests for public records
related to the Grantee, and to give the Grantee a reasonable amount of time to
obtain an injunction to prohibit the City's release of records.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys fees) imposed on the City
because of non - disclosures requested by Grantee under Washington's open
public records act, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by RCW Chapter
35.99. Pursuant to the provisions of Section 14, Grantee agrees to protect and
save harmless the City from any customer or third -party claims for service
interruption or other losses in connection with any such change, relocation,
abandonment, or vacation of the Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee's permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee
shall, at the City's discretion, either abandon in place or remove the affected
facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City's
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
------------------------------
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 7of19
ACT.A Page 20 of 130
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City,
except as may be required by RCW Chapter 35.99 Where other utilities are
present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys' fees arising out of or in connection with the Grantee's performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the negligence of the City. Should a
court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City, its officers, officials, employees, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and /or construction work performed by, or on behalf of, the City
within the Franchise Area or any other City road, right -of -way, or other property,
except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City's failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 8of19
ACT.A Page 21 of 130
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City's failure or inability to provide such services.
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee's waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work
hereunder by the Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1. Automobile Liability insurance covering all owned, non -
owned, hired, and leased vehicles with a minimum combined single limit for
bodily injury and property damage of $1,000,000.00 per accident. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 products - completed operations aggregate limit. Coverage shall
be written on ISO occurrence form CG 00 01 or a substitute form providing
equivalent coverage and shall cover liability arising from premises, operations,
independent contractors, products - completed operations, stop gap liability, and
personal injury and advertising injury and liability assumed under an insured
contract. The Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent form. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from explosion,
collapse, or underground property damage. The City shall be named as an
additional insured under the Grantee's Commercial General Liability insurance
policy with respect to the work performed under this Franchise using ISO
Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 9of19
ACT.A Page 22 of 130
Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1. The Grantee's insurance coverage shall be primary
insurance as respects the City. Any insurance, self- insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee's insurance
and shall not contribute with it.
2. The Grantee's insurance shall be endorsed to state that
coverage shall not be cancelled by the insurers except after thirty (30) days' prior
written notice has been given to Grantee. Upon receipt of such notice, Grantee
shall immediately notify by certified mail, return receipt requested, the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer's A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
Grantee before commencement of the work.
E. Grantee shall have the right to self- insure any or all of the above -
required insurance. Any such self insurance is subject to approval by the City.
F. Grantee's maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 10 of 19
ACT.A Page 23 of 130
Section 16. Performance Security
The Grantee shall provide the City with a financial guarantee in the amount of
Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. In the event Grantee
shall fail to substantially comply with any one or more of the provisions of this
Franchise, then there shall be recovered jointly and severally from the principal
and any surety of such financial guarantee any damages suffered by City as a
result thereof, including but not limited to staff time, material and equipment
costs, compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities hereinabove described. Grantee specifically agrees
that its failure to comply with the terms of Section 19 shall constitute damage to
the City in the monetary amount set forth therein. Such a financial guarantee
shall not be construed to limit the Grantee's liability to the guarantee amount, or
otherwise limit the City's recourse to any remedy to which the City is otherwise
entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
investigating the proposed assignment or transfer.
D. Prior to the City's consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor's state of
compliance and failure of the City to insist on full compliance prior to transfer
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 11 of 19
ACT.A Page 24 of 130
does not waive any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys' fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee's submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
revoke the Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth
in Section 16 for every day after the expiration of the cure period that the breach
is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise and require the Grantee to apply
for, obtain, and comply with all applicable City permits, franchises, or other City
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 12 of 19
ACT.A Page 25 of 130
permissions for such actions, and if the Grantee's actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such
actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federal laws and regulations, affecting performance under this Franchise.
Furthermore, notwithstanding any other terms of this agreement appearing to the
contrary, the Grantee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, or relating to
roadway regulation, or a City Ordinance enacted pursuant to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full text of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enact the proposed amendment, by incorporating the Grantee's
concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 13 of 19
ACT.A Page 26 of 130
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. Effective date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 14 of 19
ACT.A Page 27 of 130
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 15 of 19
ACT.A Page 28 of 130
Exhibit A
Franchise Area
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Ordinance No. 6513
Franchise Agreement No. 13-28
June 9, 2014
Page 16 of 19
Exhibit B
Grantee Facilities
Leased and owned telecommunication and communication conduit and fiber
facilities within the Right of Ways. As of the date of this Ordinance ELI does not
own facilities but may at a future date install ELI owned facilities at and pursuant
to the lawful permitting process of the City.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 17 of 19
ACT.A Page 30 of 130
Exhibit C
Grantee Services
Telecommunications and communication services.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 18 of 19
ACT.A Page 31 of 130
EXHIBIT "D"
STATEMENT OF ACCEPTANCE
Electric Lightwave, LLC. ( ELI), for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
Electric Lightwave LLC ( ELI)
By: Date:
Name:
Title:
STATE OF )
)ss.
COUNTY OF )
On this day of 2014, before me the undersigned, a
Notary Public in and for the State of , duly commissioned and sworn,
personally appeared, of , the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the
uses and purposes therein mentioned, and on oath stated that he /she is
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
, residing at
MY COMMISSION EXPIRES:
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 19 of 19
ACT.A Page 32 of 130
,IIY01:
'A U, B UR . N
VVAS1II N61CI
Agenda Subject:
Right -of -Way Use Permit No. 14 -28
Department:
Public Works
Attachments:
72-71TAPUMIMUM
Festival Map
Fun Run Map
Administrative Recommendation:
AGENDA BILL APPROVAL FORM
Date:
July 16, 2014
Budget Impact:
$0
Public Works Committee approve Right -of -Way Use Permit No. 14 -28 for Auburn Days
Festival and Fun Run.
Background Summary:
Right -of -Way Use permit 14 -28 is a request from Auburn Days (formerly Auburn Good
OI' Days) to use certain streets for their annual Auburn Days Festival from 9:00 am,
August 8th through 8:00 pm, August 10, 2014. See the attached map for details.
This festival includes the 5K Fun Run (see attached course map). The Fun Run will be
held on August 9th from 7:00 pm to 9:00 pm. There will be approximately 200 people
running between the hours of 7:00 pm and 8:00 pm. The running lane will be coned off
and /or marked with arrows in addition to signs saying "Race in progress, watch for
runners ".
The traffic control plan is attached and has been reviewed by Transportation Staff.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff: Mund
Meeting Date: July 21, 2014 Item r: ACT.B
ACT.B AUBURN * MORE THAN YOU IMAGINED Page 33 of 130
RIGHT OF WAY USE PERMIT #14 -28
AUBURN DAYS (formerly Auburn Good OI' Days) FESTIVAL AND FUN RUN
AUGUST 8 -10, 2014
CONDITIONS
1. Applicant shall provide a Certificate of Insurance with an additional insured
endorsement naming the City as an additional insured throughout the
duration of the permit.
2. Applicant shall provide a signed and notarized Hold Harmless agreement.
3. Applicant shall remove all litter, trash and debris from the event and keep
the public ROW free of litter and drink or food waste upon expiration of this
perm it.
4. Applicant shall not use paint or use other permanent markings to mark or
delineate spaces for booths, vendors, displays or otherwise mark the ROW,
pavement, sidewalks, parking lots or hard surface with anything that is not
removed by the applicant upon expiration of this permit.
5. Applicant shall not disturb fencing or otherwise use outdoor seating area
within the fenced portion of the B Street Plaza, which is permitted under
ROW #12 -21 for the Home Plate Pub outdoor seating area. The attached
map for ROW #12 -21 shall be part of and a condition of this permit.
6. The City reserves the right to adjust the terms and conditions or revoke this
Right -of -Way Use Permit pending the following considerations:
a. Public complaints involving perceived issues impacting public use of the
ROW affected by the permit.
b. Public comment or other community interest concerns.
c. Any emerging issue or change in use of the ROW that may impact the
public interest, as follows:
• The remaining capacity of the rights -of -way to accommodate other
uses if the applicant's proposed use is granted.
• The effect, if any, on public health, safety, and welfare if the
authorization is granted.
• Such other factors as may demonstrate that the grant to use the
rights -of -way will serve the community interest.
RIGHT OF WAY USE PERMIT #14 -28
STREET CLOSURES AND TRAFFIC CONTROL
Right -of -Way Use Permit #14 -28 is a request from the Auburn Days to use the
following streets for their annual Auburn Days Festival from 7:00 am, August 8th
through 8:00 pm, August 10, 2014.
Fun Run
This festival includes the 5 K Fun Run (see attached course map). The Fun Run
will be held on August 8th from 7:00 pm to 9:00 pm. There will be approximately
200 people running between the hours of 7:00 pm and 8:00 pm.
ACT.B Page 34 of 130
The running lane will be coned off and /or marked with arrows in addition to
signs saying "Race in progress, watch for runners ".
2. Auburn Days will coordinate, provide for and secure
representatives /volunteers to be posted at the intersections of; F St SE
and 5t" St SE, 6t" St SE, 7t" St SE, 8t" St SE and 9t" St SE to keep runners
in the coned area, in addition to other locations as indicated on the
attached course map.
3. Auburn Days will coordinate, provide for and secure police presence at
locations as indicated on the attached course map.
Festival street closures are as follows (see attached detour map)
Closure starting at Noon on Friday, August 8th until 8:00 pm Sunday,
August 10th:
a. North /South Division Street from 1 st Street NE /NW to 1 st Street
SE /SW (Intersection of Division and Main St to remain open for
east /west traffic on Main Street until 6 pm. See closure below.)
2. Closures starting at 6:00 pm on Friday, August 8th until 8:00 pm Sunday,
August 10th:
b. East/West Main Street from A Street NW /SW to Auburn Way (vendor
access only)
C. Auburn Ave /A Street SE from 1St Street NE to mid -block south of
East Main Street, just north of the entrance into the Rainbow
Cafe /Safeway parkint lot.
d. B Street NE from East Main Street to 1St Street NE
e. B Street SE (Plaza) from East Main Street to Safeway parking lot
f. Alley north of East Main Street and South of 1St Street NE between
Auburn Ave and Auburn Way North
3. Parade Closure from 9:00 am until 3:00 pm on Saturday, August 10th:
g. East Main Street from Auburn Way to M Street SE
h. Side streets intersecting the parade route including L St. SE /NE, K
St. SE /NE, J St. SE /NE, I St. SE /NE, H St. SE /NE, G St. SE /NE, F
St. SE /NE, E St. SE /NE and D St. SE /NE will be temporarily closed
to general traffic during the parade.
i. A St NW /SW from 1St St NE to mid -block south of West Main Street
Just north of the entrance to the Sunbreak Cafe and the Sound
Transit Kiss and Ride Parking lot will be temporarily closed to
general traffic during the parade.
4. D St. SE /NE will remain accessible to the Police Department for ingress
and egress during the parade.
ACT.B Page 35 of 130
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L/ V itlV 380 sq ft(+/-)Within fenced area
wASH[.'JGION Dimensions and fencing location is approximate. Final location to be feld = - Gate O� DOOf
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,IIYO1:
'A U, B UR . N
VVAS1IIN61CIN'
Agenda Subject:
Right -of -Way Use Permit No. 14 -29
Department:
Public Works
Attachments:
72-71TAPUMIMUM
Administrative Recommendation:
AGENDA BILL APPROVAL FORM
Date:
July 16, 2014
Budget Impact:
$0
Public Works Committee approve Right -of -Way Use Permit No. 14 -29 for Auburn Noon
Lions Club and the Auburn Downtown Association.
Background Summary:
Right -of -Way Use permit 14 -29 is a request from the Auburn Noon Lions Club and the
Auburn Downtown Association to use North Division Street between Main Street and 1st
Street NE /NW to operate a beer garden and food stand during the Auburn Days
Festival. This street will be closed starting at 6:00 pm on August 8th through 8:00 pm,
August 10, 2014. See the attached map and conditions for details.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff: Mund
Meeting Date: July 21, 2014 Item r: ACT.0
ACT.0 AUBURN * MORE THAN YOU IMAGINED Page 39 of 130
Right -of -Way Use Permit Special Conditions
for ROW Use Permit 14 -29
Staff recommends approval of the permit, subject to the following
conditions:
1. Applicant's failure to comply with any provisions /conditions of this
permit shall be terms for immediate termination.
2. Applicant shall maintain current insurance including Liquor Liability
Endorsements naming the City as an additional insured throughout the
life of the permit and provide the City with proof that they are insured.
3. Applicant shall provide a signed and notarized Hold Harmless
agreement.
4. Applicant shall comply with the City's nuisance code under ACC 8.12.
5. Applicant shall keep the public ROW free of litter and drink or food
waste.
6. The City reserves the right to adjust the terms and conditions or revoke
this Right -of -Way Use Permit pending the following considerations:
a. Public complaints involving perceived issues impacting public use
of the ROW affected by the permit.
b. Public comment or other community interest concerns.
c. Any emerging issue or change in use of the ROW that may impact
the public interest, as follows:
i. The remaining capacity of the rights -of -way to accommodate
other uses if the applicant's proposed use is granted.
ii. The effect, if any, on public health, safety, and welfare if the
authorization is granted.
iii. Such other factors as may demonstrate that the grant to use
the rights -of -way will serve the community interest.
7. Road Closure of North Division Street between Main Street and 1St
Street NW /NE at Noon on August 8, 2014 through 8 pm on August
10 2014.
a. City of Auburn Streets Division will provide, set up and take down of
road closure signage and advanced notification of "No Parking"
signage on closed street. "No Parking" shall be in effect all day to
avoid having to tow any vehicles. This closure will be done at part
of the Auburn Days Festival.
8. Applicant shall return the right -of -way to the same condition they found
it, and shall remove any garbage or equipment they bring in.
ACT.0 Page 40 of 130
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ACT.0 Page 41 of 130
,IIYO1:
'A U, B UR . N
VVAS1IIN 6.ICI
Agenda Subject:
Public Works Project No. CP1104
Department:
Public Works
Attachments:
MEMMUERROM
Bid Tab Summary
Vicinity Ma
Administrative Recommendation:
AGENDA BILL APPROVAL FORM
Date:
July 15, 2014
Budget Impact:
$0
Public Works Committee recommend City Council award Contract No. 14 -09 to Valley
Electric Company of Mount Vernon on their low bid of $258,189.23 for Project No.
CP1104, 8th St NE and 104th Ave SE Intersection Improvements.
Background Summary:
This project includes the design and construction of the following safety improvements
at the intersection of 8th Street NE and 104th Avenue SE:
1. Replaces the existing left turn signal head from 8th Street to northbound 104th Ave
with a flashing yellow signal head.
2. Replaces the existing traffic signal cabinet and components with new signal cabinet
and components to accommodate the new flashing yellow signal and battery backup
system.
3. Replaces vehicle detector loops on all four legs of the intersection.
4. Replaces the existing pedestrian signal heads and pushbuttons with countdown type
heads and audible style pushbuttons.
5. Replaces the existing substandard curb ramps with at -grade pedestrian crossings.
Project construction is anticipated to begin July 2014 and be completed by September
2014.
A project increase of $20,000.00 within the 102 Unrestricted Fund will be necessary,
however it will not require a budget adjustment since it is anticipated that the budgeted
expenditures in the 102 Unrestricted Fund will not be exceeded this year. This
adjustment is reflected in the attached budget status sheet.
Reviewed by Council Committees:
ACT.D AUBURN * MORE THAN YOU IMAGINED Page 42 of 130
Public Works
Councilmember: Osborne
Meeting Date: July 21, 2014
Staff: Larson
Item r: ACT.D
ACT.D AUBURN * MORE THAN YOU IMAGINED Page 43 of 130
BUDGET STATUS SHEET
Project No: CP1104 Project Title: 8th St NE & 104th Ave SE Intersection Improvements
Project Manager: Matthew Larson
O Project Update
Initiation Date: 11/15/2010 O Permision to Advertise Date: July 11, 2014
Advertisement Date: 06/05/2014 * Contract Award
Award Date: O Change Order Approval
O Contract Final Acceptance
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Funding
Prior Years
2013 (Actual)
2014
Future Years
Total
102 Fund (Traffic Impact Fees)
11,208
26,974
32,229
0
11,208
102 Fund (Unrestricted Street Revenue)
11,640
13,410
168,400
0
168,400
REET 2
0
0
119,000
0
119,000
102 Fund - Federal Grant
432
40,384
59,184
0
100,000
Total
11,640
40,384
346,584
0
398,608
Estimated Cost (Funds Needed)
Activity
Prior Years
2013 (Actual)
2014
Future Years
Total
Design Engineering - City Costs
11,640
26,974
32,229
0
70,843
Design Engineering - Consultant Costs
11,640
13,410
166
0
13,576
Design - State Review
0
0
1,000
0
1,000
Construction - Contract Bid
0
0
258,189
0
258,189
Project Contingency
26,000
26,000
Construction Engineering - City Costs
29,000
29,000
Total
11,640
1 40,3841
346,584
1 0
1 398,608
I UL Anerlal
Prior Years 1 2013 (Actual)
Jireei buagei
Jiaius
1 2014
1 Future Years
Total
*102 Funds Budgeted ()
(11,640)
(40,384)
(346,584)
0
(398,608)
102 Funds Needed
11,640
40,384
346,584
0
398,608
*102 Fund Project Contingency(
0
0
0
0
0
102 Funds Required
0
0
0
0
0
* ( # ) in the Budget Status Sections indicates Money the City has available.
H: \PROJ \CP1104 -8th Street NE U -Turn Imp \Budget \Budget Status Sheets \BudgetStatusSheet 8th 104th.xls 1 of 1
ACT.D Page 44 of 130
BID TABULATION
BID TOTALS SUMMARY
D
Poject Name: CP1104, 8th Street NE & 104th Avenue SE Intersection Improvements, Contract 14 -09
IDepared by: City of Auburn
Bid Date: 6/26/14
ENGINEER'S ESTIMATE: $ 245,765.00
AVERAGE BASIC BID AMOUNT: $ 300,141.25
BASIC BID SPREAD AMOUNT: $ 74,372.30 Basic BID Amount Spread $ Spread %
LOW BIDDER: Valley Electric Company of Mount Vernon $ 258,189.23 $12,424.23 5.06%
Second Bidder: RW Scott Construction $ 309,673.00 $63,908.00 26.00%
Valley Electric Company of Mount Vernon
Transportation Systems, Inc
RW Scott Construction
Neppel Electrical & Controls, LLC
v
c�
CD
Cn
7/1/2014 (9:59 AM)
W h: \proj \bidtabs \CP110 -4 BT.xls
0
Basic BID (Tax not Applicable)
$ 258,189.23
Non - Responsive
$ 309,673.00
$ 332,561.53
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CITY OF VICINITY MAP
AUBUR N CP1104, 8TH ST NE /104TH AVE SE N
WASHINGTON INTERSECTION IMPROVEMENTS NOT TO SCALE
ACT.D Page 46 of 130
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WASHINGTON INTERSECTION IMPROVEMENTS NOT TO SCALE
ACT.D Page 46 of 130
,IIYO1:
'A U, B UR . N
VVAS1IIN61CIN'
AGENDA BILL APPROVAL FORM
Administrative Recommendation:
Public Works Committee Recommend City Council Approve Final Pay Estimate No.3 to
Contract No. 13 -15 in the Amount of $3,978.39 and Accept Construction of Project No.
CP1222, Citywide Traffic Signal Safety Improvements.
Background Summary:
The Citywide Traffic Signal Safety Improvements project provided a variety of safety
improvements at the following intersections:
- Auburn Way N & 4th Street NE
- Auburn Way N &1st Street NE
- Auburn Way & E Main St
- Auburn Way S & 2nd Street SE
- Auburn Way S & 4th Street SE
- Auburn Ave NE & 1st Street NE
- A Street SE & 2nd Street SE
- A Street SE & 3rd Street SE /Cross Street SE
- A Street SE & 6th Street SE
- A Street SE & 17th Street SE
- A Street SE & 29th Street SE
- C Street SW & 8th Street SW
- C Street SW & 15 St SW
The safety improvements included: flashing yellow arrow left turn operations, auxiliary
signal heads, vehicle detection systems, signal head backplates with yellow reflective
yellow tape, and new LED signal head lamps.
A project budget contingency of $49,123.00 remains in the 102 Fund.
ACT.E AUBURN * MORE THAN YOU IMAGINED Page 47 of 130
Reviewed by Council Committees:
Public Works
Councilmember: Osborne
Meeting Date: July 21, 2014
Staff: Larson
Item r: ACT.E
ACT.E AUBURN * MORE THAN YOU IMAGINED Page 48 of 130
BUDGET STATUS SHEET
Project No: CP1222 Project Title: Citywide Traffic Signal Safety Improvements
Project Manager: Matthew Larson
O Project Initiation
Initiation Date: 9/25/2012 O Permission to Advertise Date: July 11, 2104
Advertisement Date: 10/29/2013 O Project Update
Award Date: 12/2/2013 O Change Order Approval
no Contract Final Acceptance
Funds Budgeted (Funds Available)
Funding
2012 (actual)
2013 (actual)
2014
Total
102 Fund - Unrestricted
102 Fund - Federal Grant
1,916
0
9,316
31,624
70,684
368,376
81,916
400,000
Total
1,916
40,940
439,060
481,916
Estimated Cost (Funds Needed)
Activity
2012 (actual)
2013 (actual)
2014
Total
Design Engineering - City Costs
1,916
39,314
0
41,230
Construction Contract Bid
1,9161
40,940
351,662
351,662
Change Orders
0
0
20,569
20,569
Line Item Changes
0
0
i
I, i
Construction Engineering - City Costs
1,627
35,000
36,627
Total
1 1,9161
40,940
1 389,937
432,793
102 Arterial Street Budget Status
* ( # ) in the Budget Status Sections indicates Money the City has available.
H: \PROJ \CP1222- Citywide Traffic Signal Safety Imp \Budget \CP1222 BudgetStatusSheet.xls 1 of 1
ACT.E Page 49 of 130
2012 (actual)
1 2013 (actual)
1 2014
1 Total
*102 Funds Budgeted ()
(1,916)
(40,940)
(439,060)
(481,916)
102 Funds Needed
1,9161
40,940
1 389,937
1 432,793
*102 Fund Project Contingency ()
0
0
1 (49,123)
(49,123)
102 Funds Required
0
0
1 0
1 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
H: \PROJ \CP1222- Citywide Traffic Signal Safety Imp \Budget \CP1222 BudgetStatusSheet.xls 1 of 1
ACT.E Page 49 of 130
CITY OF AUBURN
CP1222
C)
PAY ESTIMATE #3 & FINAL
CO. NO. 13 -15
Citywide Traffic Signal Safety Improvements
SCHEDULE A: Street Improvements
SCHEDULE SUBTOTAL $
(D
c Period Dates
CD
Cn Begin: May 21, 2014
O End: June 01, 2014
O
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3,978.39
h.\projlpe1CP1222.xls 1 of 3 7/10/2014 at 9:38 AM
M `
O.
ITEM DESCRIPTION
ESTIMATE
QUANTITY
TOTAL
QUANTITY
PERIOD
QUANTITY
UNIT
TYPE I
UNIT COST TOTAL COST
PERIOD COST
PERCENT EST.
QTY.
1
One Year Warranty Bond (not FHWA eligilhle)
_
1
1
1
LS
2,000.00 $ 2,000.00
$ 2,000.00
100%
2
SPCC Plan
1
1
LS
1,350.00: $ 1,350.00
$ -
100%
3
Mobilization
1
1
LS
30,000.00 $ 30,000.00
$ - �
100%
4
Traffic Control Labor
500
174
HR
50.00
$ 8,700.00
$ -
35%
5
Outside Agency Uniformed Police_ Flact,. in Labor
1
0. 528364
0.24654'
Est.
2,500.00
$ 1,320.91
$ 616.35
53%
6
Se uential Arrow Sin
45
46
Day
25.00
$ 1,150.00
$ -
102%
7
Traffic Control Supervisor _..—
1
1
LS
17,750.00
$ 17,750.00
$ -
100%
8
Roadside Restoration
1
0
Est.
1,000.00
$ -
$ -
0%
9
Remove Si nal Head
14 14
EA
424.00
$ 5,936.00
$ -
100%
10
Remove Traffic Video Detection Camera
8
8
EA
74.00
$ 592.00
$ -
100%
11
Remove and Reset Signal Head
8
9
EA
1,160.00
$ 10,440.00
$ -
113%
12
Remove and Reset Video Detection Camera
1
1
EA
1,155.00
$ 1,155.00
$ -
100%
13
Replace & Recycle Signal _Head Modules
257
257
EA
140.00
$ 35,980.00
$ -
100%
14
Replace Signal Controller Cabinet
2
2
EA
30,500.00
$ 61,000.00
$ -
100%
15
Traffic Signal Revision Signa e
1
1
LS
4,625.00
$ 4,625.00
$ -
100%
16
Back late Tape
12
121
EA
188.00
$ 2,256.00
$ -
100%
17
Louvered Backplate
70
701
EA
156.00
$ 10,920.00
$ -
100%
18
Traffic Video Detection Camera
13
13
EA
6,435.00 ; $ 83,655.00
$ -
100%
19
Wide Angle Traffic Video Detection Camera
1
1
EA
4,367.00
$ 4,367.00
$ -
100%
20
Signal Pole Terminal Cabinet
3
3
EA
998.00
$ 2,994.00
$ -
100%
21
Signal Head with Mount
39
39
EA
1,440.00
$ 56,160.00
$ -
100%
22
Signal Controller and Smart Monitor
1
1
EA
7,615.00
$ 7,615.00
$ -
100%
23
Remove Traffic Sign
17 17
EA
37.00
$ 629.00
$ -
100%
24
Traffic Sign
1
{ 1
1
EA
625.00
$ 625.00
$ 625.00
100%
CO -1
Remove Signal Head -Add 1 Bid Item #9
$ -
$ -
CO -1
Remove & Reset Signal Head -Add (4) Bid Item
$
CO -1
Replace & Recycle Signal_ Head_ Modules_ Add_ 39
$ -
CO -1
Back late Plate Add 1 Bid Item#16
$ -
CO -1
Louvered Back late Plate Add (I Bid Item #17
$ -
CO -1
Signal Head with Mount Add (5) Bid Item #21
$ -
CO -1 -1
Additional Signa [re
S -
100%
00.2 -1
Z St SVV & 15th St SVV Aerial on u or
$ -
100%
CO -3
I Bid em #20: Delete 2 Signal Pole Terminal Cabin
2
U
$
C0-3 -1
I ignall O e ermina a €net
$ 737.04
100%
SCHEDULE SUBTOTAL $
(D
c Period Dates
CD
Cn Begin: May 21, 2014
O End: June 01, 2014
O
h
W
O
3,978.39
h.\projlpe1CP1222.xls 1 of 3 7/10/2014 at 9:38 AM
CO. NO. 13 -15 CITY OF AUBURN CP1222, Citywide Traffic Signal Safety Improvements
D Citywide Traffic Signal Safety Improvements PROJECT SUMMARY CO. NO. 13 -15
C)
--i PAY ESTIMATE #3 & FINAL
M
SCHEDULE A: Street Improvements
Contract $
No Tax Applicable
Warranty Bond
SCHEDULE TOTAL $
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TOTAL CONTRACT AMOUNT TO DATE
TOTAL PAYMENT TO CONTRACTOR
PAYMENT DUE CONTRACTOR:
h:lprojlpelCP 1222.xls
Original Contract
Amount
351,662.00 $
351,662.00 $
Contract Change
Orders Total Payment This Period
20,569.04 $ 354,936.96 $ 3,978.39
20,569.04 $ 354,936.96 $ 3,978.39
Period Dates
Begin: May 21, 2014
End: June 01, 2014
2of3
$ 354,936.96
$ 354,936.96 $ 3,978.39
$ 3,978.39
Percent/Contract
95%
711012014 at 9:38 AM
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CITY F AUBURN.
OPI-222
PAY2ESTlCli ATG .3 s. FINAL
CONTRACTOR:
Valley E-J:octric of. M-1. Vernon.
1.100 Merril Creek Parkway
Ev fett, VVA
Phone.: 425 - 407 -0832
The undersigned has reviewed. Ord apprmred, this ffnaf payestiinat'e: I agree that it is, a. true and correct statement
shaving .all monies due me fi` m the•City•of Auburn tinder f 1iS ccttiraot that[ have.car�afufly examined -tile final pay estimate
estimate and Understand it and that I hereby release, the City ofArr6urn fraM arty ;and alt cfairns of wflatsdever
nature.whi�h I may. Nave, arisirrg.ou #'af llls eantract 7wh�ch aroxiot setfoft.h- in this estimate:
PAYMENT IDUE TO d TPA TOR.= 3fv0q
Signafit�res;
Contractor
jc
r
f'rojECt Manager ;. =: �.,•. ,-
4,.
-City engineer
hlpro�lp e1C P i 222: xi s:
3 afa
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Date .7
Date:
TV?Q14 at-9.3.9 AM
Citywide Traffic Signal Safety Improvements
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,IIYO1:
'A U, B UR . N
VVAS 11 I I N61"CI ,
Agenda Subject:
Resolution No. 5086
Department:
Administration
Attachments:
, T.-M WI
,z
z
Administrative Recommendation:
Approve Resolution No. 5086.
Background Summary:
AGENDA BILL APPROVAL FORM
Date:
July 15, 2014
Budget Impact:
$3,200
Mr. Armijo owns an adjacent property to the city's SE 309th Street storm water pond. His
property contains a single family residence that Mr. Armijo leases, as he is a resident of
California. The backyard of the house is fenced and the fence extends east -west in a
straight line. However, Mr. Armijo's rear property line is not straight. It jogs 9 feet north
at one point. Since the fence does not follow the property line, it eventually encroaches
upon the city's storm pond property. The fence cuts away approximately 550 square feet
of the city's property.
This encroachment has existed for at least a decade, apparently unknown to the city or
Mr. Armijo until the city recently surveyed the property lines of the storm pond
property. Since the encroachment is small and is some distance from the actual storm
ponds, it hasn't affected the use of the ponds to date.
The Public Works department is proposing granting Mr. Armijo an easement to resolve
the encroachment. Granting Mr. Armijo an easement allows him to retain his fence and
landscaping in the 550 square feet portion of his backyard. It gives the city the option to
obtain exclusive use of the property again if it ever needs it. Mr. Armijo has agreed to
pay $3,200.00 for the easement. The price is based upon the per foot value of his
property.
Reviewed by Council Committees:
Finance, Public Works
ACT.F AUBURN * MORE THAN YOU IMAGINED Page 54 of 130
Councilmember:
Meeting Date: July 21, 2014
Staff: Gaub / Ruth
Item r: ACT.F
ACT.F AUBURN * MORE THAN YOU IMAGINED Page 55 of 130
RESOLUTION NO. 5 0 8 6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH
JACOB ARMIJO TO CONVEY AN EASEMENT
OVER A PORTION OF CITY STORM WATER
RENTENTION PROPERTY
WHEREAS, the city owns property on SE 309th Street upon which it
operates a storm water pond; and
WHEREAS, Mr. Armijo owns a residence on an adjacent lot to the city's
property, at 11209 SE 309th Street; and
WHEREAS, a recent survey revealed that 550 square feet of the fenced
backyard of Mr. Armijo's residence is part of the city's property; and
WHEREAS, both the city and Mr. Armijo desire that Mr. Armijo retain use
of the 550 square feet of property through an easement granted to Mr. Armijo by
the city; and
WHEREAS, the easement price offered by the city is the fair market value
for use of the land based upon the county assessor's valuation of Mr. Armijo's
property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute both an
agreement and an easement between the City of Auburn and Jacob Armijo in
substantial conformity with the agreement and easement attached hereto,
marked as exhibit "A" and "B ", respectively, and incorporated herein by this
reference.
Resolution No. 5086
July 14, 2014
ACT.F Page 1 of 2
Page 56 of 130
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 2014
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 5086
July 14, 2014
ACT.F Page 2 of 2
Page 57 of 130
EXHIBIT "A"
EASEMENT PURCHASE AND SALE AGREEMENT
CITY OF AUBURN AND JACOB ARMIJO
THIS AGREEMENT is made and entered into by and between the sellers, CITY
OF AUBURN (the "City "), and JACOB ARMIJO ( "the Buyer ").
W I T N E S S E T H :
WHEREAS, the City owns a certain piece of real property that serves as a storm
water pond at SE 309th Street, Auburn, parcel number 1446110140, and the Buyer
owns a neighboring property, parcel number 1446110120, and
WHEREAS, the Buyer has encroached upon approximately 550 square feet of
the City's storm water pond property by installing, maintaining, and enjoying a fence and
landscaping on the land, and
WHEREAS, the City does not actively need use of the 550 square feet of its
property for its municipal functions; and
WHEREAS, both Buyer and the City are desirous of avoiding the necessity of
litigation; and
WHEREAS, the City valued the easement according to the King County
Assessor's valuation of the Buyer's property and the Buyer has agreed to purchase the
easement for the valued amount.
NOW, THEREFORE, in consideration of the following terms, conditions and
covenants and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, IT IS AGREED by the parties as follows:
1. GRANT OF EASEMENT. The City shall sell, convey, and grant to the Buyer,
and the Buyer shall purchase, acquire, and take from the City, an easement that is
legally described in Exhibit A, ( "Easement "), which exhibit is incorporated by this
reference.
2. PURCHASE PRICE. The Buyer promises to pay three thousand, two
hundred dollars ($3,200.00) and the recording fees by check in exchange for the city
executing an Easement giving Buyer the rights described in Exhibit A. The Buyer
agrees that the amount is payable by the Buyer prior to recording of the Easement and
within 10 days of the City's execution of the Easement.
Easement Sale Agreement 1
ACT�Yy 13, 2014
Page 58 of 130
3. CLOSING. The closing date shall be mutually agreed upon by the parties. At
the date of closing, the City shall produce to Buyer a copy of a executed and
acknowledged Easement conveying to the Buyer the rights described in Exhibit A. The
Easement will not be in a recordable form, but shall be identical to the one attached as
Exhibit A.
Within 10 days of the City executing the Easement, the Buyer shall pay the
purchase price, plus the recording fees, to the City.
Within 5 days of receipt of the purchase price and fees, the City shall record the
executed Easement with the King County Recorder's Office. The City shall provide the
Buyer with a copy of the officially recorded easement.
Both parties shall be responsible and entitled to have all closing documents
reviewed by their own counsel or agent prior to closing.
4. EXPENSES.
City's Expenses: The City shall pay all expenses incurred by the City which
relate to the Easement, including attorney fees;
Buyer's Expenses: The Buyer shall pay all recording fees and buyer's attorney
fees;
5. HAZARDOUS WASTE. The City warrants it has not received notice of, and to
the best of the City's knowledge the property is not in violation of any federal, state or
local law, ordinance, or regulation relating to the environmental conditions on, under, or
about the property, including but not limited to, soil and surface and ground water
conditions, and that during the time in which the City has owned the property, neither
the City nor, to the best of the City's knowledge, any third party has used, generated,
stored, or disposed of, on, under, or about the property or transported to or from the
property any hazardous waste, toxic substances, or related materials (the "Hazardous
Materials "). For the purposes of this paragraph, Hazardous Materials shall include, but
is not limited to, substances defined as "Hazardous Substances," "Hazardous
Materials," "Hazardous Waste," "Toxic Substances," in the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended, and
RCW Title 7 and the regulations promulgated pursuant to such laws.
If prior to the closing date the Buyer discover that the property contains any
Hazardous Waste, of which it has not been previously advised, the Buyer may terminate
this Agreement.
6. NOTICES. Any notices required or permitted to be given shall be in writing and
delivered either in person or by certified mail, return receipt requested, postage pre-
paid, addressed as follows or such other address as may be designated by either party:
Easement Sale Agreement 2
ACT�Yy 13, 2014
Page 59 of 130
City:
City of Auburn
City Clerk
25 W. Main St.
Auburn WA 98001
Buyer
Jacob Armijo:
881 Custer Ave.
San Marcos, CA 92078
858 - 500 -2828
Any notice given pursuant to this Agreement shall be deemed effective the day it
is personally delivered or three (3) business days after the date it is deposited in the
United States mail.
7. ENTIRE AGREEMENT. This written Agreement constitutes the entire and
complete Agreement between the parties hereto and supersedes any prior oral or
written agreements between the Parties with respect to the Property. It is expressly
agreed that there are no verbal understandings or agreements, which in any way
change the terms, covenants, and conditions herein set forth. This Agreement
constitutes the legal, valid and binding obligation of the parties enforceable against each
party in accordance with the terms hereof.
8. CITY COUNCIL APPROVALS. The Buyer acknowledges that this Agreement
does not bind the City until (1) the Mayor of the City of Auburn executes the Agreement
and (2) the Auburn City Council approves the Agreement.
9. GOVERNING LAW. This agreement shall be governed and construed
according to the laws of the State of Washington without giving effect to its conflicts of
law provisions. If any dispute arises between the parties under any of the provisions of
this agreement, resolution of that dispute shall be exclusively through the jurisdiction,
venue, and rules of the King County Superior Court.
10. DEFAULT AND ATTORNEY'S FEES. In the event that any party fails,
without legal excuse, to perform any obligation under this Agreement, then the other
party may, at their option, bring suit against the defaulting party for the other parties'
actual damages and for specific performance, or pursue any other rights or remedies
available at law or in equity.
If one or more parties institute suit concerning this Agreement, the prevailing
party shall be entitled to court costs and reasonable attorney's fees. In the event of trial,
the court shall fix the amount of the attorney's fees.
Easement Sale Agreement 3
ACT�Yy 13, 2014
Page 60 of 130
11. LEGAL RIGHTS AND CONSTRUCTION. The terms of this Agreement are
deemed to have been explicitly negotiated between the Parties, and the language in all
parts of this Agreement will, in all cases, be construed according to its fair meaning and
not strictly for or against either Party. Both Parties acknowledge and represent, as an
express term of this Agreement, that they have had the opportunity to obtain and utilize
legal counsel to review of the terms and conditions outlined in this Agreement, although
each Party must determine if they wish to obtain and pay for such legal review. NO
REPRESENTATIONS OR WARRANTIES ARE MADE BY ONE PARTY TO THE
OTHER PARTY AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT OR TAX
CONSEQUENCES OF THIS AGREEMENT, THE TRANSACTION DESCRIBED
HEREIN, OR ANY ATTACHMENTS TO THIS AGREEMENT.
12. ASSIGNMENT. No party shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party.
13. AMENDMENT, MODIFICATION OR WAIVER. No amendment, modification
or waiver of any condition, provision or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the parties to be bound, or such parties' duly
authorized representative(s) and specifying with particularity the nature and extent of
such amendment, modification or waiver. Any waiver by any party of any default of
another party shall not effect or impair any right arising from any subsequent default.
14. COUNTERPARTS. This Agreement may be executed in multiple
counterparts, each of which shall be one and the same Agreement and shall become
effective when one or more counterparts have been signed by each party and delivered
to the other party.
15. COOPERATION. Prior to and after Closing each Party shall cooperate, shall
take such further action and shall execute and deliver further documents as may be
reasonably requested by the other Party in order to carry out the provisions and
purposes of this Agreement.
16. NON - MERGER. The terms and provisions of this Agreement will not merge
in, but will survive, the closing of the transaction contemplated under this Agreement.
SIGNATURES:
BUYER
JACOB ARMIJO
Date
Easement Sale Agreement 4
ACT�Yy 13, 2014
Page 61 of 130
CITY OF AUBURN
Nancy Backus, Mayor
Date
Attest:
Danielle E. Daskam, City Clerk
Approved as to Form
Daniel B. Heid, City Attorney
Easement Sale Agreement 5
ACTYy 13, 2014
Page 62 of 130
Exhibit "B"
After recording return to:
EASEMENT
Reference No. of related documents:
Grantors: CITY OF AUBURN
Grantee: JAKE ARMIJO
Short Legal: A portion of Tract A of King County Boundary Line Agreement LOOL0003, SE 1/4 8-
21N -5E
Property Tax
Parcel No.: 1446110140
For and in consideration of Ten Dollar ($10.00) and other valuable consideration
in hand paid, CITY OF AUBURN, a municipal corporation of the State of Washington,
(`Grantor" herein), hereby conveys and Warrants to Jacob Armijo, an individual
(`Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual access
easement over, across and through the real property described in Exhibit A and shown in
Exhibit B (`Easement Area" herein).
Scope of Easement. Said Grantee shall have the right to access the Easement
Area for all legal uses that do not interfere With the Grantor's full use and enjoyment and
functioning of its storm Water pond or impede Grantor's other governmental functions,
provided, however, Grantee shall not construct or maintain any buildings or other
structures, release any hazardous Waste, nor plant any tree Within the Easement Area.
Grantee may specifically maintain, reconstruct, repair, replace, and remove the existing
fence and landscaping in the Easement Area.
Entry Upon and Disturbance of Easement Area. Said Grantor shall have the
absolute right, at times as may be necessary, for immediate entry upon said Easement
Area for the purpose of maintenance, inspection, construction, repair or reconstruction of
its utilities located under the Easement Area, and may remove, disturb, and relocate the
soil and any personal property, including fencing, Within the Easement Area to permit
Page 1 of 3
Tuly 7, 2014
309th St. Storm Water Pond Access Easement
Resolution No. 5086
ACT.F Page 63 of 130
Exhibit "B"
access to its utilities, provided Grantor takes reasonable care to not unnecessarily damage
the property. Grantor's sole obligation in the event of any damage, relocation, or
disruption of the Easement Area by Grantor, its employees, contractors, or agents shall be
to re- establish existing grades and provide for adequate site stabilization. Upon such
disturbance by Grantor, Grantee shall bear all other responsibility to return the Easement
Area to a condition comparable to the condition that existed prior to Grantor's use of the
Easement Area.
Should the Grantor exercise its right to conduct Work on its utilities Within the
Easement Area, Grantor shall provide Written notice and a Written schedule to Grantee.
Grantor shall conduct any repairs, maintenance, reconstruction or replacement Within a
reasonable time.
Termination. Grantor may terminate this Easement by Written notice to the
Grantee at any time. In such event, at City's request, the Grantee shall record a
termination of easement With the King County Recorder. Upon termination, Grantee
shall promptly remove from the Easement Area its improvements. Grantor, at its sole
expense, shall remove and reinstall any fencing Within Easement Area to a location of the
Grantee's choosing outside the Area.
Indemnity. Said Grantee shall indemnify, defend, and hold harmless Grantor, its
employees, officers, and agents from any and all liability, damages, expenses, causes of
action, suits, claims, costs, fees (including attorney's fees), penalties, or judgments, of any
nature Whatsoever, arising out of the use, occupation, or control of the Easement Area by
Grantee, his tenants, contractors, invitees, agents, employees, guests or permittees,
including but not limited to the use, storage, generation, processing, transportation,
handling, disposal, or release of any hazardous substance or materials, as defined in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended ("CERCLA "). This indemnification shall survive the termination of the
Easement.
Attorney Fees. Should it be necessary for either party to enforce their rights
under this agreement, then in the event of litigation the prevailing party shall be entitled
to recover and collect all costs and reasonable attornev's fees as determined by the court
resolving the litigation. As used in this paragraph, "costs" shall include all out of pocket
expenses and charges incurred that related to pursuing enforcement or the breach of the
terms and conditions of this easement.
Successors and Assigns. This easement and the covenants herein shall be
covenants running With the land and shall inure to the benefit of and be binding on the
successors, heirs, and assigns of both parties hereto, provided that Grantee's rights
Page 2 of 3
Tulv 7, 2014
309th St. Storm Water Pond Access Easement
Resolution No. 5086
ACT.F Page 64 of 130
Exhibit "B"
hereunder shall not be assigned to any other entity Without the prior Written consent of
Grantor Which consent shall not be unreasonablv Withheld.
IN WITNESS WHEREOF, said Municipality has caused this instrument to be
executed by its proper officer(s) this day of 2014
GRANTOR:
City of Auburn, a Washington municipal corporation
BY:
Nancv Backus, Mayor
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this dav_ of 2014, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Nancy Backus, to me known to be the Mayor of the municipal
corporation that executed the Within and foregoing instrument, and acknowledged the
same to be the free and voluntary act and deed of said municipal corporation, for the uses
and purposes therein mentioned and on oath stated that they are authorized to execute
said instrument.
WITNESS my hand and official seal hereto affixed the dav and vear first above Written.
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires _
Page 3 of 3
Tulv 7, 2014
309th St. Storm Water Pond Access Easement
Resolution No. 5086
ACT.F Page 65 of 130
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�,n�, �wa.�-�'Na EXHIBIT MAP PROJ:ADM432
AUBURN CITY OF AUBURN F�N�E ++roano+a
PUBIIC NroRKS DEPAR7MEMT FOR PROPERTY LINES ENCROACHMENTS AT STORM POND SITE ScuE:t•=z0'
, w�sH�HU�oN E�EM� CEDAR HOLLOW ft2 PLA7-TR4CT"A' oaawru ev:aRe
P�LEA
ACT.
Lot D
TAX PARCEL 1446110130
N
NORTH
SCALE
—SS NS.wgaamtarysewer
Angle point existing wood fence
SD
Southend existing wood
fence
LotC Angle points existingrefalaing wall
TAX PARCEL 1446110120
° JACOB ARM(JO
l KING COUNTY BLA LOOL003
REC. N0, 20000321900006
Cale position of angle pointproperty comer,
south line Lot "C"
a
PROPERTY LING
— •-- r-.. -- r, 54.97'
SS
in
-SD N
0
O
to
26.03'
I I
!Tract A
'CITY PARCEL 1446110140
(CITY OF AUBURN
pp North end existing wood fence
_fir 15' San Sewer Estnt Rec No.
120000301000894
1 •
N
Found an existing rebar and cap at
east side ofwood fence, Southeast
corner ofLot "C"
point online existing wood
ence
SS O)
SS
SD Angle point existing wood fence
system
manhole
�
S
II — D
-- �.J
Sanitary sewer manhole
222.97'
manhole
Existing 25' wide utility easement I South hne Tract " '
on Lot "C ", per 20000321900006 Ca(c position of southwestproperty corner 20' San Sewer Esmt
Survey Notes:
Tract "A"- Southeast comer Lot "C', Rec No.20000301000894
i-
1) Field work for Topographic survey performed in November, 2013
2)Refeieneefieldboo1(2013 -07 ,Pages 49 -55 �y' },i;;l(,,;, .�•" GoP`'.�
3) Parcel Rna on this exhibit map are Add King Cc un ty B oundaty Litre adjustmentL00L0003; recorded under retarding number 20000321900006
4) Drawing is prepared to illustrate existing wood fence near Lot "C" that is built on Tract "A ", and existing Public sewer and storm drainage lines in this vicinity. 42! t2 ! Z °t3
errror• CITY OF AUBURN EXHIBIT MAP "B" PROJ: ADM 432
DETAIL OF PROPERTY LINES ENCROACHMENTS AT STORM POND SITE 12/09/2013
WASHINGTON PUBLIC WORKS DEPARTMENT CEDAR HOLLOW 92 PLAT-TRACT "A" SCALE: 1'` =10'
DRAWN BY: BLM
F -
Faye of Or i30
C1 'I Y101
Alu,BURN
Agenda Subject:
Ordinance No. 6520
Department:
Public Works
Attachments:
Ordinance No. 6520
Administrative Recommendation:
AGENDA BILL APPROVAL FORM
Date:
July 15, 2014
Budget Impact:
$0
Public Works Committee recommend that City Council introduces and adopts Ordinance No.
6520.
Background Summary:
Ordinance No. 6520 is a revision to the Auburn City Code related to Underground
Wiring. This revision provides a clarification of the exceptions to the undergrounding
requirement for the expansion of an overhead system for a secondary tenant on existing
utility poles owned by another utility.
The current code allows for the deferral of undergrounding for this purpose consistent with
the City's half street code (ACC 12.64A). The half street code and deferral process is based
on a property owner making this request and the agreements for deferral are intended to be
tied to a specific property.
There are instances when a utility provider may wish to expand their overhead system that is
not driven by development or redevelopment of a specific property and so there is no
property owner involved. In areas where the proposed exception may be used the existing
franchise requirements and other paragraphs of the Underground Wiring code will require the
secondary tenant to participate in undergounding their system when the owner of the utility
poles is required to underground their overhead system.
Reviewed by Council Committees:
Finance, Public Works
Councilmember: Osborne Staff: Gaub
Meeting Date: July 21, 2014 Item Number: ACT.G
ACT.G AUBURN * MORE THAN YOU IMAGINED Page 68 of 130
ORDINANCE NO. 6 5 2 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS
13.32A.020 AND 13.32A.120 OF THE AUBURN CITY CODE
RELATING TO EXCEPTIONS FOR UNDERGROUNDING
REQUIREMENTS
WHEREAS, the current provisions of the Auburn City Code provide for an
exception to the undergrounding requirement for utilities for various instances, including
where a franchisee is expanding its existing aerial system as a secondary tenant on an
existing aerial system and where undergrounding of the franchisee's facilities will not
eliminate the existing aerial system; and
WHEREAS, the current provisions of the city code do not distinguish those
instances where the franchisee's facilities may be crossing public right -of -way as
opposed to private property; and
WHEREAS, in order to address the distinction between those two crossings, it is
appropriate to amend the city code so that the requirements of each type of crossing is
adequately addressed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1, Amendment to City Code. That section 13.32A.020 of the Auburn City
Code is amended to read as follows:
13.32A.020 Exceptions.
��illll p uirp j1 . u p uuu ; :.0 I following facilities are exempt
from the undergrounding requirements of this chapter:
A. Electric utility substations, pad mounted transformers and switching
facilities not located on the public right -of -way and authorized through existing or future
site - specific development approvals;
B. Electric aerial transmission facilities of a voltage of more than 15,000
volts, including poles, wires, and associated facilities;
C. Street lighting and traffic control equipment as determined necessary by
the city engineer;
D. Telecommunication pedestals and other equivalent telecommunication
facilities; and
-- - - - - - - - - - - - - - - - -
Ordinance No. 6520
July 14, 2014
ACT.G e 1
Page 69 of 130
Section 2, Amendment to City Code. That section 13.32A.120 of the Auburn City
Code is amended to read as follows:
13.32A.120 Deferral of underground distribution facilities.
A. The city engineer may grant a deferral for some or all of the
undergrounding of utility distribution facilities otherwise required pursuant to this chapter
following the procedures identified in ACC 12.64A.050, Deferral and fee in lieu of
improvements. The city engineer's decision regarding such a deferral will be based on
meeting the following criteria rather than those listed in ACC 12.64A.050:
1. There is a pending city six -year TIP project or an adjacent developer
planned project which would affect the proposed area of undergrounding of the existing
aerial facilities; or
2. A franchisee is expanding aerial system as a secondary
tenant on an existing aerial system for the purpose of serving a new private
development the undergrounding of the expansion will not eliminate the existing
aerial system4; or
3. All of the following conditions are met-
a. There are other properties abutting or across the street from the subject
property that have aerial utility facilities; and
b. The establishment or continuation of aerial utility facilities for the period of
the deferral will not adversely affect or delay other properties that may have to provide
or convert to undergrounding utility improvements within the public right -of -way; and
C. There are technological difficulties associated with converting to or
providing undergrounding utility improvements for the subject property as demonstrated
to the satisfaction of the city engineer.
B. An applicant whose request has been denied may appeal the denial
following the procedure as identified in ACC 12.64A.060, Appeal and enforcement.
(Ord. 6238 § 27 2009.)
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 4. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
--------------- - --
Ordinance No. 6520
July 14, 2014
ACT.G e 2
Page 70 of 130
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 5. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided by law.
INTRODUCED-
PASSED-
APPROVED-
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
PUBLISHED-
------------------
Ordinance No. 6520
July 14, 2014
ACT.G e 3
Page 71 of 130
,IIYO1:
'A U, B UR . N
VVAS1IIN61CIN'
Agenda Subject:
Resolution No. 4959
Department:
Community Development &
Public Works
Attachments:
AGENDA BILL APPROVAL FORM
Date:
July 16, 2014
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Please see the attached memorandum.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal, Environmental
Services
Councilmember: Holman Staff: Snyder
Meeting Date: July 21, 2014 Item r: DI.B
DI.B AUBURN * MORE THAN YOU IMAGINED Page 72 of 130
CITY OF
'BUIN
*AD -11[
WASHINGTON
DATE: July 16, 2014
Memorandum
TO: Auburn City Council Public Works Committee:
Councilmember Wayne Osborne, Chair
Councilmember Bill Peloza, Vice Chair
Councilmember Claude DaCorsi
FROM: Chris Andersen, CFM, Environmental Services Manager
CC: Nancy Backus, Mayor
Kevin Snyder, AICP, Director, Community Development and Public Works
Ingrid Gaub, PE, Assistant Director of Development Services /City Engineer
SUBJECT: Resolution No. 4959: CP0746 Mill Creek Wetland 5K Project Partnership
Agreement
ENCL: Annotated outline of Project Partnership Agreement
Introduction
At the Committee meeting on July 7, 2014, staff provided an informational briefing about the
Mill Creek Wetland 5K Project, City Capital Project No. CP0746. This memo provides a
summary discussion of the project and relevant background information related to Resolution
No. 4959, which would authorize the City to enter into a Project Partnership Agreement (PPA)
with the U.S. Army Corps of Engineers to construct the project.
Background
The City of Auburn is the local sponsor for a US Army Corps of Engineers (Corps) Ecosystem
Restoration Project (ERP) on Mill Creek. The purpose of the project is to restore stream habitat
for salmon and other fish and wildlife. The project involves habitat enhancement along
approximately one mile of Mill Creek, a tributary of the Green River that flows north through the
City. The project is located on the "Wetland 5K" reach of Mill Creek, so named for the
identification number of the wetland that the stream is located adjacent to. The Wetland 5K reach
is located west of SR 167 extending from SR 18 north past 15th Street NW.
DI.B Page 73 of 130
The design of the Wetland 5K project was conducted under a 2010 Design Agreement between
the City and the Corps. The 100 - Percent design package for the project was transmitted to the
City earlier this month.
For the project to proceed, the City will need to enter into a Project Partnership Agreement
(PPA) with the Corps. The PPA defines the roles and responsibilities of the City and Corps
including:
0 65% federal/ 35% non - federal cost share for total project costs; and
0 City responsibility to acquire necessary property interests to conduct the project.
Project Purpose
The Mill Creek Wetland 5K Reach Project (Project) is one element of the Green/Duwamish
River Ecosystem Restoration Project, led by the Corps under authorization from the Water
Resources Development Act (WRDA). The effort is focused on restoration of critical habitat for
ESA - listed salmon within the Green/Duwamish River Watershed.
Mill Creek (Creek) presents an excellent habitat restoration opportunity. The Creek has been
channelized to facilitate agricultural activities that ceased in the 1980s and early 1990s.
Currently, invasive plant species have overrun the channel and floodplain, interrupting natural
riparian processes and significantly degrading habitat function within the Creek.
The primary Project objectives are as follows:
0 Re- establish the functions of this segment of Mill Creek to serve for passage of
anadromous salmonids for spawning and rearing;
• Establish accessible refugia for the fry and juveniles of these fish species; and
• Eliminate invasive noxious weed plants (particularly reed canarygrass [Phalaris
arundinacea] within a discrete project corridor approximately 200 to 250 feet wide,
allowing reestablishment of native wetland and woody riparian species
Secondary Project objectives are those that must be considered in the design and may affect the
degree to which the primary Project objectives can be implemented. Those objectives include the
following:
Create an end state condition that can be effectively managed and maintained by the local
sponsor as a functional ecological preserve and an educational or experiential opportunity
for residents of the City;
• Maintain the regional floodplain and floodway;
• Maintain some level of flood storage commensurate with the City's flood and stormwater
management plans;
0 Maintain design functionality of existing drainage control structures while limiting the
extent of and providing access for required maintenance; and
DI.B 2 Page 74 of 130
• Protect, incorporate, or enhance existing wetland mitigation sites in the Project area
• Prevent adverse effects to adjacent properties, existing utilities, and land uses to the
degree possible within the confines of the Project conditions.
Proiect Histor
1996 — 2000: USACE conducted a Feasibility Study for ecosystem restoration in
Green/Duwamish Watershed. The study identified 45 site - specific restoration projects including
the Mill Creek Wetland 5K reach. Enhancements downstream of the Wetland 5 Reach were also
identified as the Merlino Reach and Schuler Brothers Reach.
2010: City executes Design Agreement with USACE for Mill Creek Wetland 5K Project
2011: 35% design plan set prepared
2012: Draft 95% design plans and specifications prepared
2013: Additional hydraulic and hydrologic analysis conducted
January — July 2014: 100% design plans and specifications prepared
Elements of Proiect
The Project is focused on Mill Creek and the adjacent riparian corridor. The design focuses on
improving floodplain connectivity, providing refuge from high -flow events, and creating
conditions to re- establish riparian cover over the Creek to reduce water temperatures and
improve water quality for rearing. The key elements of the restoration design include
0 Creating anew, meandering stream channel in sections of the project reach and
enhancing the existing channel in other sections;
• Building earthen berms adjacent to the stream to provide higher ground for establishing
trees and shrubs that provide shading and habitat diversity;
• Creating new side channels and connecting existing tributary channels to provide rearing
habitat and refuge from high stream flow events;
0 Clearing reed canarygrass and scraping shallow soil to remove root mass
• Re- planting with mix of trees, shrubs, and herbaceous vegetation;
• Install a new clear -span, three -sided box culvert under 15th Street NW for improved fish
passage and flood flows conveyance;
• Conduct performance monitoring at 1,3, and 5 years post - construction; and
• Conduct limited maintenance to suppress invasive plants and keep culvert clear of debris.
Key Design Challenges
Restoration of urban streams is challenging for a number of reasons including:
degradedcondition of habitat, hydrologic impacts of a highly developed watershed, limited space,
DI.B 3 Page 75 of 130
and constraints of built infrastructure. The Project has several key design challenges specific to
this reach:
0 Elevated water levels from beaver dams and flow constrictions make access to the site
challenging for accurate topographic survey and for use of heavy equipment;
• Potential for flood elevation rise from increased conveyance through the Project reach
that could create backwater conditions at downstream constrictions; and
• Meeting fish passage requirements for a new culvert under 15th Street NW.
The City has worked closely with the Corps and engaged outside expertise as needed to address
these challenges and achieve a project that is flexible to adapt, requires minimal maintenance,
and creates no net flood rise.
Auburn City Council Resolution No. 4959: Project Partnership Agreement
In 2010, the City entered into a Green/Duwamish ERP Program Design Agreement (DA) with
the Corps. The DA specified Corps and City roles and responsibilities, and cost shares, for the
design of the Mill Creek Wetland 5K project. Now that the design has been completed, a similar
agreement, called a Project Partnership Agreement (PPA) is required for construction of the
proj ect.
A note about the PPA: Similar to the DA, the PPA document is a federal program template
document, and the local office of the Corps (Seattle District) does not have authority to make any
revisions to the template language. The Corps has indicated that revisions or refinements to the
PPA are not allowed without obtaining approval from Washington D.C.; a process that they have
indicated would likely result in the release of the federal funds that are currently budgeted for
this project. Therefore staff is requesting that the Committee consider City participation in
construction of the Wetland 5K project under the terms of the PPA as drafted.
Roles and Responsibilities
The project is being conducted as a federal and local partnership between USACE and the City.
The partnership is formalized in a Design Agreement (which covers the design phase of the
project) and a Project Partnership Agreement (which covers construction, maintenance, and
monitoring). An annotated outline of the PPA document is attached to this memo.
The agreements include a cost sharing provision:
• Design: 75% federal funds / 25% local funds
• Construction: 65% federal funds/ 35% local funds
DI.B 4 Page 76 of 130
Responsibility
Corps of Engineers
City of Auburn
Engineering Design
Lead
Review and Comment
Lands, Easements, Right -of-
Certify
Lead — obtain property access
Way, Relocations, and
through acquisition or
Disposal Areas LERRD
perpetual easement
Permitting
Lead on Federal Permits
Lead on State and Local
Permits
Contracting
Lead
Review and comment on
solicitations, bid documents
and specifications.
Provide written willingness to
proceed prior to issuance of
construction contract
solicitation
Construction Oversight
Lead
Support
Crediting (Lands Easements
Accounting
Packaging, reporting
and Rights of Way)
Maintenance
Create plan
Implement plan
Monitoring (funded within
Lead
Support
total construction costs)
Benefits to City
The Project provides a number of benefits to the /city and aligns with public policy goals:
0 Contributes to salmon recovery efforts and the Restoration Plan element of the Shoreline
Master Program
0 Improves water quality, assisting the City in compliance with NPDES Phase II
requirements
• Improves flood flow conveyance
• Creates potential for future recreation and educational opportunities associated with the
Auburn Environmental Park.
Costs to City
Based on cost estimates developed by the Corps, the estimated total project costs reflected in the
PPA, including construction, design, construction management, property, monitoring and
maintenance is $5,738,048.00.
Total Estimated Project Cost:
$5,738,048.00
City 35% Share (including credits for real estate and staff time) $2,008,317.00
DI.B 5 Page 77 of 130
A Total Project Cost document was provided to the Committee at the briefing on July 7tl' Below
is additional information summarizing City funding sources for its project cost share.
City Cash Funding Sources for Mill Creek Wetland 5K Project
The City has obtained grant funding to offset costs of the project including a $532,000 grant
from the Washington State Department of Ecology earlier this year. Project funding sources are
listed below:
Design- King Conservation District $200,000.00
Design- King County Flood Control District Opportunity Fund $69,693.00
Construction/RE- City Stormwater Utility Fund $1,250,000.00
Construction/RE- Department of Ecology Floodplains Grant $ 532,000.00
Total $2,051,693.00
Other City Funding for the Project
Under the terms of the PPA, the City also receives credit toward its cost share for certain staff
time (WM- Work in Kind) during design and construction, and for real estate interests (referred
to as LERRD credit) that it makes available for the project. Estimates of these credits prepared
by the Corps are provided below:
Design- Staff time WIK for design team coordination $20,000.00
Construction- Staff time WIK for construction coordination $40,000.00
LERRD (Real Estate) Credit $900,000.00
Total $960,000.00
DI.B 6 Page 78 of 130
MILL CREEK WETLAND 5K ECOSYSTEM RESTORATION PROJECT
PROJECT PARTNERSHIP AGREEMENT
ANNOTATED OUTLINE & SUMMARY
The Mill Creek Wetland 5h Ecosystem Restoration Project is a partnership bet\veen the City of
Auburn and the US Army Corps of Engineers (USACE). The roles and responsibilities of the t\vo
parties are defined in a Project Partnership Agreement (PPA). An annotated outline of the PPA is
provided below. hey elements of the PPA include:
• USACE is the lead agency for design and implementation of the project. USACE will be the
contracting agency for construction and will provide construction management
• City is responsible for acquiring necessary property interests to conduct the project and plays
a key role in review of design documents and contractor submittals. The City will also
supplement the USACE construction management effort
• Total project costs are shared: 65% federal / 35% non - federal
Annotated Outline
Article I— Definitions.
Article II— Obligations of the Government and the Non - Federal Sponsor
• Federal role includes contracting, constriction management, monitoring for period of 5
years, and responsibility to pay 65% of total project costs
• City role including review and comment on contract solicitations, plans and specifications,
providing necessary real estate access, long -term maintenance, and responsibility to pay 35%
of total project costs
• Final accounting and reconciliation of total project costs lead by federal government
Article III —Lands Easements, Rights of Way, Relocations, Disposal Area Improvements
( LERRD) and Compliance with Public Law 91 -646
• Federal government identifies which properties are needed and provides the City with
notice to proceed in acquiring access. Access must be granted prior to federal
government soliciting construction contracts.
• CANT is responsible for obtaining sufficient vested interest in properties to complete the
project
Article IV – Credit for LERRD
• Land values based on appraisal conducted by a firm contracted by the City. Appraisal
must meet federal guidelines and be approved by USACE
• Value of lands is credited against the City's 35% cost share, including lands already
owned by the City
• Incidental costs, including cost of appraisal, closing costs, and coordination are eligible
to be considered part of total project costs and apply to City cost share
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MILL CREEK WETLAND 5K ECOSYSTEM RESTORATION PROJECT
PROJECT PARTNERSHIP AGREEMENT
ANNOTATED OUTLINE & SUMMARY
Article V— Project Coordination Team
• Establishes Project Coordination Team co- chaired by representative of the federal
government and the City to provide oversight and ensure clear communication and
accountability between the partners
• Costs of participating in Project Coordination Team are considered part of total project
costs and the City's cost share
Article VI— Method of Payment
• Outlines federal government responsibilities for accounting and states estimate for total
project costs and City (estimated at time of agreement)
• City cost share calculated as 35% of total project costs. City cash match is calculated as
o (Total Project Costs * 35 %) - LERRD Value – City's Projected Costs for Project
Management – City's Contribution to Design Agreement.
• Payment by City is regtured in lump sum prior to solicitation of bids for construction
Article VII — Dispute Resolution
• Establishes procedure for notification of breach of agreement and resolution through
negotiation or alternative dispute resolution
Article VIII — Operation, Maintenance, Repair, Rehabilitation, and Replacement
• Upon completion of the project, City takes on operation and maintenance responsibilities
• USACE will prepare the Operation and Maintenance plan for the project, with review and
input from the City
Article IX —Hold And Save
• City shall hold and save the federal government free from all damages arising from
constriction, monitoring, adaptive management, operation, maintenance, repair,
rehabilitation, and replacement of the project, except for damages due to the fault or
negligence of the federal government or its contractors.
Article X— Maintenance of Records and Audit
• City and federal government shall develop procedures and maintain books, records,
documents, or other evidence in accordance with these procedures To the extent permitted
under applicable federal laws and regulations, the federal government and the City shall each
allow the other to inspect such books, records, documents, or other evidence
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MILL CREEK WETLAND 5K ECOSYSTEM RESTORATION PROJECT
PROJECT PARTNERSHIP AGREEMENT
ANNOTATED OUTLINE & SUMMARY
Article XI— Federal and State Laws
• In the exercise of their respective rights and obligations under the PPA, the City and the
federal government shall comply with all applicable Federal and State laws and regulations,
including Davis -Bacon Act
Article XIII— Termination or Suspension
• If at any time the City fails to fulfill its obligations under this Agreement, the USACE shall
terminate this Agreement or suspend future performance under this Agreement unless
USACE determines the continuation of the work is determines that continuation of work on
the Project is in the interest of the United States or is necessary in order to satisfy
agreements with any other non - federal interests in connection with the Project
• In the event the federal government projects that the amount of federal funds available to
the Project through the then- current or upcoming fiscal year is not sufficient to meet the
federal share of total project costs the federal government shall notify the City in writing of
such insufficiency of funds. Upon the exhaustion of federal funds, future performance under
this Agreement shall be suspended. Such suspension shall remain in effect until such time
that the Government notifies the City in writing that sufficient Federal funds are available to
meet the Federal share of total project costs.
• In the event that the federal government and the City determine to suspend future
performance under this Agreement, such suspension shall remain in effect until the federal
government and the City agree to proceed or to terminate this Agreement
Article XIV— Hazardous Substances
Non - federal sponsor required to conduct preliminary environmental investigation on the
properties. Costs for the investigation are considered part of total project costs and part of
local share.
• If hazardous substances are found, federal government and non - federal sponsor discuss
whether or not to proceed. Non - federal sponsor bears all costs of site investigation and
cleanup, which is not considered part of total project costs.
Article XV— Notices
• Identifies primary point of contact for City and USACE
Article XVI— Confidentiality
• To the extent permitted by the laws governing each party, the parties agree to maintain the
confidentiality of exchanged information when requested to do so by the providing party.
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MILL CREEK WETLAND 5K ECOSYSTEM RESTORATION PROJECT
PROJECT PARTNERSHIP AGREEMENT
ANNOTATED OUTLINE & SUMMARY
Article XVII— Historic Preservation
• The federal government will conduct cultural and historic resource survey and bear all the
costs up to 1% of the total project cost. Any costs incurred above that amount will be shared
with the non - federal sponsor at 65/35 rate.
Article XVII —Third Party Rights, Benefits, or Liabilities
• Nothing in this Agreement is intended, nor may be construed, to create any rights, confer
any benefits, or relieve any liability of any kind whatsoever in any third person not party to
this Agreement.
Article XIX— Non - Liability of Officers and Employees
• No officer, agent, consultant, or employee of the City, nor any officer, agent, consultant, or
employee of the federal government, may be charged personally, or held liable, under the
terms or provisions of this Agreement because of any breach, attempted breach, or alleged
breach thereof, except as provided in Section 912(b) of the Water Resources Development
Act of 1986, Public La-�v 99 -662, as amended (42 U.S.C. 1962d -5b note), or other applicable
la�v.
Article XX— Section 902 Maximum Cost of Project
• Section 902 of the Water Resources Development Act of 1986, Public La�v 99 662, as
amended (33 U.S.C. 2280) establishes the maximum amount of total costs for the entire
Green- Du-�vamish Ecosystem Restoration Project, of which the Mill Creek Wetland 5K
Project is a separable element. On the effective date of this Agreement, the maximum
amount of total costs for the Authorized Project, which is the sum of total project costs for
the Project and the costs for all other separable elements of the Authorized Project, is
estimated to be $215,454,000, as calculated in accordance with Engineer Regulation 1105 -2-
100
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RESOLUTION NO. 4 9 5 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PROJECT
PARTNERSHIP AGREEMENT FOR SPECIFICALLY
AUTHORIZED ECOSYSTEM RESTORATION PROJECTS
AND SEPARABLE ELEMENTS
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. 4558
authorizing the execution of a Design Agreement between the City of Auburn and the
Department of the Army for design of the Mill Creek Wetland 5K Green Duwamish
Ecosystem Restoration Project on February 12, 2010; and
WHEREAS, the design for construction of the Mill Creek Wetland 5K Green
Duwamish Ecosystem Restoration Project has been completed under the Design
Agreement; and
WHEREAS, U.S. Army Corps of Engineers has received federal funding to
complete the design for the Mill Creek Wetland 5K Green Duwamish Ecosystem
Restoration Project and construct the project; 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, the City of Auburn has included the Mill Creek Wetland 5K Reach
restoration as a project in its 2014 -2019 Capital Facility Plan;
Resolution No. 4959
July 10, 2014
DI.B Page 1 of 2
Page 83 of 130
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to execute a
Project Partnership Agreement for Specifically Authorized Ecosystem Restoration
Projects and Separable Elements, which agreement shall be in substantial conformity
with the agreement attached hereto as Exhibit A and incorporated herein by this
reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2013.
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4959
July 10, 2014
DI.B Page 2 of 2
CITY OF AUBURN
NANCY BACKUS, MAYOR
Page 84 of 130
PROJECT PARTNERSHIP AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
CITY OF AUBURN
FOR
CONSTRUCTION
OF THE
DUWAMISH/MILL CREEK WETLAND 5K REACH
ECOSYSTEM RESTORATION PROJECT
THIS AGREEMENT is entered into this day of by
and between the Department of the Army (hereinafter the "Government "), represented by
the U.S. Army Engineer, Seattle District, and City of Auburn (hereinafter the "Non -
Federal Sponsor "), represented by the Mayor.
WITNESSETH, THAT:
WHEREAS, construction of the Duwamish/Green River Basin Project for
ecosystem restoration (hereinafter the "Authorized Project ") at King County, Washington
was authorized by Section 101(b)(26) of the Water Resources Development Act of 2000,
Public Law 106 -51 in accordance with the plans, and subject to the conditions,
recommended in a final report of the Chief of Engineers if a favorable report to the Chief is
completed not later than December 31, 2000;
WHEREAS, a favorable final report of the Chief of Engineers was completed on
December 29, 2000;
WHEREAS, the Government was authorized to perform monitoring and adaptive
management (as defined in Article I.M. and Article I.N. of this Agreement, respectively)
as part of the Authorized Project;
WHEREAS, the Government and the Non - Federal Sponsor desire to enter into a
Project Partnership Agreement (hereinafter the "Agreement ") for construction of the
Duwamish/ Mill Creek Wetland 5K Reach Ecosystem Restoration Project ( a separable
element of the Authorized Project and hereinafter the "Project ", as defined in Article LA of
this Agreement);
WHEREAS, Section 103 of the Water Resources Development Act of 1986, Public
Law 99 -662, as amended, (33 U.S.C. 2213) specifies the cost - sharing requirements
applicable to the Project;
WHEREAS, Section 902 of the Water Resources Development Act of 1986,
Public Law 99 -662, as amended (33 U.S.C. 2280), establishes the maximum amount of
costs for the Authorized Project and sets forth procedures for adjusting such maximum
amount;
DI.B Page 85 of 130
WHEREAS, the Government and a non - Federal interest entered into an
agreement, dated February 1, 2010 for engineering and design of the Project (hereinafter
the "Design Agreement "), under the terms of which the non - Federal interest contributed a
portion of the costs for engineering and design;
WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91 -611, as
amended (42 U.S.C. 19624 -5b), and Section 1030) of the Water Resources Development
Act of 1986, Public Law 99 -662, as amended (33 U.S.C. 22130)), provide, inter alia, that
the Secretary of the Army shall not commence construction of any water resources project,
or separable element thereof, until each non - Federal interest has entered into a written
agreement to furnish its required cooperation for the project or separable element;
WHEREAS, the Government and Non - Federal Sponsor have the full authority and
capability to perform as hereinafter set forth and intend to cooperate in cost - sharing and
financing of the Project in accordance with the terms of this Agreement; and
WHEREAS, the Government and the Non - Federal Sponsor, in connection with
this Agreement, desire to foster a partnering strategy and a working relationship between
the Government and the Non - Federal Sponsor through a mutually developed formal
strategy of commitment and communication embodied herein, which creates an
environment where trust and teamwork prevent disputes, foster a cooperative bond
between the Government and the Non - Federal Sponsor, and facilitate the successful
implementation of the Project.
NOW, THEREFORE, the Government and the Non - Federal Sponsor agree as
follows:
ARTICLE I - DEFINITIONS
A. The term "Project" shall mean construction of a meandering stream channel,
dendrites, culvert replacement, and large woody debris placement at the Auburn
Environmental Park (Mill Creek Wetland 5K) site, as generally described in the final report
of the Chief of Engineers, dated December 29, 2000, and in the "Green/Duwamish River
Basin Ecosystem Restoration Study, Final Feasibility Report," dated October 2000.
B. The term "total project costs" shall mean the sum of all costs incurred by the
Non - Federal Sponsor and the Government in accordance with the terms of this Agreement
directly related to construction of the Project. Subject to the provisions of this Agreement,
the term shall include, but is not necessarily limited to: the Government's share of
Preconstruction Engineering and Design costs pursuant to the terms of the Design
Agreement; the value of the contributions provided by a non - Federal interest pursuant to
the terms of the Design Agreement; the Government's engineering and design costs during
construction; the Non - Federal Sponsor's and the Government's costs of investigations to
identify the existence and extent of hazardous substances in accordance with Article XIV.A.
of this Agreement; the Government's costs of historic preservation activities in accordance
2
DI.B Page 86 of 130
with Article XVH.A. and Article XVH.B.1. of this Agreement; the Government's costs of
monitoring in accordance with Article ILH. and Article ILI. of this Agreement; the
Government's costs of adaptive management in accordance with Article ILJ. and Article
ILK. of this Agreement; the Government's actual construction costs; the Government's
supervision and administration costs; the Non - Federal Sponsor's and the Government's
costs of participation in the Project Coordination Team in accordance with Article V of this
Agreement; the Government's costs of contract dispute settlements or awards; the value of
lands, easements, rights -of -way, relocations, and improvements required on lands,
easements, and rights -of -way to enable the disposal of dredged or excavated material for
which the Government affords credit in accordance with Article IV of this Agreement or for
which reimbursement by the Government is required pursuant to Article II.B.3. of this
Agreement; and the Non - Federal Sponsor's and the Government's costs of audit in
accordance with Article X.B. and Article X.C. of this Agreement. The term does not
include any costs for operation, maintenance, repair, rehabilitation, or replacement of the
Project; any costs of betterments under Article ILG.2. of this Agreement; any costs of
dispute resolution under Article VII of this Agreement; the Government's costs for data
recovery activities associated with historic preservation in accordance with Article
XVILB.2. and Article XVILB.3. of this Agreement; or the Non - Federal Sponsor's costs
of negotiating this Agreement.
C. The term "period of construction" shall mean the time from the date the
Government issues the solicitation for the first construction contract for the Project or
commences construction of the Project using the Government's own forces, whichever is
earlier, to the date that construction, monitoring, and, if necessary, adaptive management
of the Project are complete, as determined by the Government, or the date that this
Agreement is terminated in accordance with Article XIII or Article XIV.C. of this
Agreement, whichever is earlier.
D. The term "financial obligations for construction" shall mean the financial
obligations of the Government that result or would result in costs that are or would be
included in total project costs except for obligations pertaining to the provision of lands,
easements, and rights -of -way, the performance of relocations, and the construction of
improvements required on lands, easements, and rights -of -way to enable the disposal of
dredged or excavated material.
E. The term "non - Federal proportionate share" shall mean the ratio of the Non -
Federal Sponsor's total contribution of funds required by Article ILB.2. of this Agreement
to financial obligations for construction, as projected by the Government.
F. The term "higlnvav" shall mean any highway, roadway, street, or way, including
any bridge thereof, that is owned by a public entity.
G. The term "relocation" shall mean providing a functionally equivalent facility
to the owner of a utility, cemetery, highuvav, railroad, or public facility when such action is
authorized in accordance with applicable legal principles of just compensation; or providing
a functionally equivalent facility when such action is specifically provided for, and is
3
DI.B Page 87 of 130
identified as a relocation, in the authorizing legislation for the Project or any report
referenced therein. Providing a functionally equivalent facility may take the form of
alteration, lowering, raising, or replacement and attendant demolition of the affected facility
or part thereof.
H. The term "fanlctionalportion of the Project" shall mean a portion of the Project
for which construction has been completed and that can function independently, as
determined by the U.S. Army Engineer, Seattle District (hereinafter the "District
Engineer ") in writing, although the remainder of the Project is not complete.
L The term "betterment" shall mean a difference in the construction of an element
of the Project that results from the application of standards that the Government determines
exceed those that the Government would otherwise apply to the construction of that
element. The term does not include any construction for features not included in the
Project as defined in paragraph A. of this Article.
J. The term "Federal program fiords" shall mean funds provided by a Federal
agency, other than the Department of the Army, plus any non - Federal contribution
required as a matching share therefor.
K. The term "fiscal veal" shall mean one year beginning on October 1 and ending
on September 30.
L. The term "monitoring" shall mean activities, including the collection and
analysis of data, that are necessary to determine if predicted outputs of the Project are
being achieved and to determine if adaptive management is necessary.
M. The term "adaptive management" shall mean measures taken to adjust the
Project in response to the monitoring results so that the predicted outputs of the Project are
achieved following its construction. The term includes, but is not necessarily limited to,
modifications of structures, or adjustments to operation or management, of the Project.
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 shall construct the Project, applying those procedures
usually applied to Federal projects, in accordance with Federal laws, regulations, and
policies.
1. The Government shall not issue the solicitation for the first contract for
construction of the Project or commence construction of the Project using the
Government's own forces until the Non - Federal Sponsor has confirmed in writing its
willingness to proceed with the Project.
4
DI.B Page 88 of 130
2. The Government shall afford the Non - Federal Sponsor the opportunity to
review and comment on the solicitations for all contracts, including relevant plans and
specifications, prior to the Government's issuance of such solicitations. To the extent
possible, the Government shall afford the Non - Federal Sponsor the opportunity to review
and comment on all proposed contract modifications, including change orders. In any
instance where providing the Non - Federal Sponsor with notification of a contract
modification is not possible prior to execution of the contract modification, the Government
shall provide such notification in writing at the earliest date possible. To the extent possible,
the Government also shall afford the Non - Federal Sponsor the opportunity to review and
comment on all contract claims prior to resolution thereof. The Government shall consider
in good faith the comments of the Non - Federal Sponsor, but the contents of solicitations,
award of contracts or commencement of construction using the Government's own forces,
execution of contract modifications, resolution of contract claims, and performance of all
work on the Project shall be exclusively within the control of the Government.
3. At the time the District Engineer furnishes the contractor with the
Government's Written Notice of Acceptance of Completed Work for each contract awarded
by the Government for the Project, the District Engineer shall furnish a copy thereof to the
Non - Federal Sponsor.
4. As of the effective date of this Agreement, $18,115,600 of Federal
funds have been provided by Congress for the Authorized Project of which $5,000,000 is
currently projected to be available for the Project. The Government makes no
commitment to request Congress to provide additional Federal funds for the Authorized
Project or the Project. Further, the Government's financial participation in the Project is
limited to the Federal funds that the Government makes available to the Project.
B. The Non - Federal Sponsor shall contribute 35 percent of total project costs in
accordance with the provisions of this paragraph.
1. In accordance with Article III of this Agreement, the Non - Federal
Sponsor shall provide all lands, easements, and rights -of -way, including those required for
relocations, the borrowing of material, and the disposal of dredged or excavated material,
shall perform or ensure performance of all relocations, and shall construct improvements
required on lands, easements, and rights -of -way to enable the disposal of dredged or
excavated material that the Government determines to be required or to be necessary for
construction, operation, and maintenance of the Project.
2. The Non - Federal Sponsor shall provide funds in accordance with Article
VI.B. of this Agreement in the amount necessary to meet the Non - Federal Sponsor's
required share of 35 percent of total project costs if the Government projects at any time that
the collective value of the following contributions will be less than such required share: (a)
the value of the contributions provided by a non - Federal interest pursuant to the terms of
the Design Agreement; (b) the value of the Non - Federal Sponsor's contributions under
paragraph B.1. of this Article, as determined in accordance with Article IV of this
DI.B Page 89 of 130
Agreement; and (c) the value of the Non - Federal Sponsor's contributions under Article V,
Article X, and Article XIV.A. of this Agreement.
3. The Government, subject to the availability of funds, shall refund or
reimburse to the Non - Federal Sponsor any contributions in excess of 35 percent of total
project costs if the Government determines at any time that the collective value of the
following contributions has exceeded 35 percent of totalproject costs: (a) the value of the
Non - Federal Sponsor's contributions under paragraph B.2. of this Article; (b) the value of
the contributions provided by a non - Federal interest pursuant to the terms of the Design
Agreement; (c) the value of the Non - Federal Sponsor's contributions under paragraph B.1.
of this Article, as determined in accordance with Article IV of this Agreement; and (d) the
value of the Non - Federal Sponsor's contributions under Article V, Article X, and Article
XIV.A. of this Agreement. After such a determination, the Government, in its sole
discretion, may acquire any remaining lands, easements, and rights -of -way required for the
Project, perform any remaining relocations necessary for the Project, or construct any
remaining improvements required on lands, easements, and rights -of -way to enable the
disposal of dredged or excavated material required for the Project on behalf of the Non -
Federal Sponsor. Notwithstanding the acquisition of lands, easements, and rights -of -way,
performance of relocations, or construction of improvements required on lands,
easements, and rights -of -way to enable the disposal of dredged or excavated material by the
Government under this paragraph, the Non - Federal Sponsor shall be responsible, as
between the Government and the Non - Federal Sponsor, for any costs of cleanup and
response in accordance with Article XIV.C. of this Agreement.
C. When the District Engineer determines that, except for monitoring and
adaptive management, the entire Project, or a fimctionalportion of the Project, is
complete, the District Engineer shall so notify the Non - Federal Sponsor in writing and
furnish the Non - Federal Sponsor with a final Operation, Maintenance, Repair,
Rehabilitation, and Replacement Manual (hereinafter the "OMRR &R Manual ") or, if the
final OMRR &R Manual is not available, an interim OMRR &R Manual for the entire
Project or such completed portion. Upon such notification, the Government also shall
furnish to the Non - Federal Sponsor a copy of all final as -built drawings for the entire
Project or such completed portion if such drawings are available. Not later than 6
months after such notification by the Government that the entire Project is complete, the
Government shall furnish the Non - Federal Sponsor with the final OMRR &R Manual and
all final as -built drawings for the entire Project. In the event the final OMRR &R Manual
or all final as -built drawings for the entire Project cannot be completed within the 6
month period, the Government shall provide written notice to the Non - Federal Sponsor,
and the Government and the Non - Federal Sponsor shall negotiate an acceptable
completion date for furnishing such documents. Further, after completion of all contracts
for the Project, copies of all of the Government's Written Notices of Acceptance of
Completed Work for all contracts for the Project that have not been provided previously
shall be provided to the Non - Federal Sponsor.
D. Upon notification from the District Engineer in accordance with paragraph C.
of this Article, the Non - Federal Sponsor shall operate, maintain, repair, rehabilitate, and
6
DI.B Page 90 of 130
replace the entire Project, or the finlctionalportion of the Project as the case may be, in
accordance with Article VIII of this Agreement. Concurrent with the Non - Federal
Sponsor's performance of operation, maintenance, repair, rehabilitation, and replacement
for the completed Project or such completed portion, the Government shall perform
monitoring and, if necessary, adaptive management in accordance with the provisions of
this Agreement.
E. Upon the District Engineer's determination that, except for monitoring and
adaptive management, the entire Project is complete, the Government shall conduct an
interim accounting, in accordance with Article VLC. of this Agreement, and furnish the
results to the Non - Federal Sponsor. Further, upon conclusion of theperiod ofconstruction
the Government shall amend the interim accounting to complete the final accounting, in
accordance with Article VLC. of this Agreement, and furnish the results to the Non - Federal
Sponsor.
F. The Non - Federal Sponsor shall not use Federalprogram fiords to meet any of its
obligations for the Project under this Agreement unless the Federal agency providing the
funds verifies in writing that such funds are authorized to be used to carry out the Project.
G. The Non - Federal Sponsor may request the Government to perform or provide,
on behalf of the Non - Federal Sponsor, one or more of the services (hereinafter the
"additional work ") described in this paragraph. Such requests shall be in writing and
shall describe the additional work requested to be performed or provided. If in its sole
discretion the Government elects to perform or provide the requested additional work or
any portion thereof, it shall so notify the Non - Federal Sponsor in a writing that sets forth
any applicable terms and conditions, which must be consistent with this Agreement. In
the event of conflict between such a writing and this Agreement, this Agreement shall
control. The Non - Federal Sponsor shall be solely responsible for all costs of the
additional work performed or provided by the Government under this paragraph and shall
pay all such costs in accordance with Article VLD. of this Agreement.
1. Acquisition of lands, easements, and rights -of -way; performance of
relocations; or construction of improvements required on lands, easements, and rights -of-
way to enable the disposal of dredged or excavated material for the Project.
Notwithstanding acquisition of lands, easements, and rights -of -way, performance of
relocations, or construction of improvements by the Government, the Non - Federal
Sponsor shall be responsible, as between the Government and the Non - Federal Sponsor,
for any costs of cleanup and response in accordance with Article XIV.C. of this
Agreement.
2. Inclusion of betterments in the construction of the Project. In the event
the Government elects to include any such betterments, the Government shall allocate the
costs of the Project features that include betterments between total project costs and the
costs of the betterments.
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DI.B Page 91 of 130
H. Prior to completion of construction of the Project, the Government, in
consultation with the Non - Federal Sponsor and, as appropriate, other concerned agencies,
shall finalize the plan for monitoring of the Project. The monitoring plan shall describe
the specific parameters to be monitored; how these parameters relate to achieving the
desired outcomes and to ascertaining whether adaptive management measures for the
Project will be necessary; methods for measuring those parameters; frequency and
duration of monitoring of the Project; criteria for measuring the success of the Project;
preparation and distribution of monitoring reports and other coordination requirements;
and estimated monitoring costs.
L Upon providing notification to the Non - Federal Sponsor that the Project is
complete in accordance with paragraph C. of this Article, the Government shall perform
monitoring of the Project in accordance with the monitoring plan for a period of 5
consecutive years from the date of such notification. However, the monitoring of the
Project by the Government shall end prior to the expiration of such period upon the
occurrence of either of the following events: (1) the award of the next contract for
monitoring of the Project, or continuation of monitoring of the Project using the
Government's own forces, would result in the costs incurred for monitoring and adaptive
management of all the features for ecosystem restoration in the Authorized Project
exceeding 7 percent of the amount equal to total project costs of the Project plus the
costs for all other ecosystem restoration separable elements of the Authorized Project
minus the costs for monitoring and adaptive management of all the features for ecosystem
restoration in the Authorized Project; or (2) the District Engineer determines that
continued monitoring of the Project is not necessary.
J. Applying the criteria specified in the monitoring plan, the Government shall
determine whether adaptive management of the Project is necessary. The Government
may make such a determination at any time during the monitoring period described in
paragraph I. of this Article. Within 120 calendar days after the expiration or termination
of such monitoring period, the Government shall make a final determination of whether
adaptive management of the Project is necessary. In making such determinations, the
Government shall consult with the Non - Federal Sponsor and, as appropriate, with other
concerned agencies. Upon any determination by the Government that adaptive
management of the Project is necessary, the Government shall notify the Non - Federal
Sponsor in writing of its determination and expeditiously shall perform such adaptive
management in accordance with paragraph K. of this Article. If, after the expiration or
termination of such monitoring period, the Government determines that adaptive
management of the Project is not necessary, the Government shall notify the Non - Federal
Sponsor in writing of its determination and shall conduct a final accounting in accordance
with paragraph E. of this Article.
K. If the Government determines, pursuant to paragraph J. of this Article, that
adaptive management of the Project is necessary, the Government, in consultation with
the Non - Federal Sponsor and, as appropriate, other concerned agencies, shall perform
adaptive management of the Project in accordance with the provisions of this paragraph
and paragraph A. of this Article.
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1. In no event shall the award of any contract for adaptive management of
the Project, or continuation of adaptive management of the Project using the
Government's own forces, result in the costs incurred for monitoring and adaptive
management of all the features for ecosystem restoration in the Authorized Project
exceeding 7 percent of the amount equal to total project costs of the Project plus the
costs for all other ecosystem restoration separable elements of the Authorized Project
minus the costs for monitoring and adaptive management of all the features for ecosystem
restoration in the Authorized Project. As of the effective date of this Agreement, the costs
of monitoring and adaptive management of the entire Authorized Project are estimated to
be $8,240,000. As of the effective date of the Agreement, the costs of monitoring and
adaptive management of this Project are estimated to be $60,000.
2. When the District Engineer determines that adaptive management of
the Project is complete, or that the costs for monitoring and adaptive management have
or will exceed the 7 percent amount determined in accordance with sub - paragraph 1. of
this paragraph, the District Engineer shall: a) notify the Non - Federal Sponsor in writing
of such completion; b) furnish the Non - Federal Sponsor with an amended OMRR &R
Manual that reflects any modifications to structures or adjustments to operation or
management methods; c) furnish the Non - Federal Sponsor with a copy of any new or
revised as -built drawings for the Project; and d) within 30 calendar days after such notice,
conduct a final accounting in accordance with paragraph E. of this Article.
3. Upon notification from the District Engineer in accordance with sub-
paragraph 2. of this paragraph, the Non - Federal Sponsor shall operate, maintain, repair,
rehabilitate, and replace the entire Project in accordance with Article VIII of this
Agreement.
L. The Non - Federal Sponsor shall prevent obstructions or encroachments on the
Project (including prescribing and enforcing regulations to prevent such obstructions or
encroachments) such as any new developments on Project lands, easements, and rights -of-
way or the addition of facilities which might reduce the outputs produced by the Project,
hinder operation and maintenance of the Project, or interfere with the Project's proper
function.
M. The Non - Federal Sponsor shall not use the Project, or the lands, easements,
and rights -of -way required pursuant to Article III of this Agreement, as a wetlands bank
or mitigation credit for any other project.
ARTICLE III - LANDS, EASEMENTS, RIGHTS -OF -WAY,
RELOCATIONS, DISPOSAL AREA IMPROVEMENTS, AND
COMPLIANCE WITH PUBLIC LAW 91 -646, AS AMENDED
A. The Government, after consultation with the Non - Federal Sponsor, shall
determine the lands, easements, and rights -of -way required for construction, operation, and
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maintenance of the Project, including those required for relocations, the borrowing of
material, and the disposal of dredged or excavated material. The Government in a timely
manner shall provide the Non - Federal Sponsor with general written descriptions, including
maps as appropriate, of the lands, easements, and rights -of -way that the Government
determines the Non - Federal Sponsor must provide, in detail sufficient to enable the Non -
Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non -
Federal Sponsor with a written notice to proceed with acquisition of such lands, easements,
and rights -of -way. Prior to the issuance of the solicitation for each Government contract
for construction of the Project, or prior to the Government incurring any financial
obligations for construction of a portion of the Project using the Government's own
forces, the Non - Federal Sponsor shall acquire all lands, easements, and rights -of -way the
Government determines the Non - Federal Sponsor must provide for that work and shall
provide the Government with authorization for entry thereto. Furthermore, prior to the
end of the period of construction, the Non - Federal Sponsor shall acquire all lands,
easements, and rights -of -way required for construction, operation, and maintenance of the
Project, as set forth in such descriptions, and shall provide the Government with
authorization for entry thereto. The Non - Federal Sponsor shall ensure that lands,
easements, and rights -of -way that the Government determines to be required for the Project
and that were provided by the Non - Federal Sponsor are retained in public ownership for
uses compatible with the authorized purposes of the Project.
B. The Government, after consultation with the Non - Federal Sponsor, shall
determine the relocations necessary for construction, operation, and maintenance of the
Project, including those necessary to enable the borrowing of material or the disposal of
dredged or excavated material. The Government in a timely manner shall provide the Non -
Federal Sponsor with general written descriptions, including maps as appropriate, of such
relocations in detail sufficient to enable the Non - Federal Sponsor to fulfill its obligations
under this paragraph, and shall provide the Non - Federal Sponsor with a written notice to
proceed with such relocations. Prior to the issuance of the solicitation for each Government
contract for construction of the Project, or prior to the Government incurring any financial
obligations for construction of a portion of the Project using the Government's own
forces, the Non - Federal Sponsor shall prepare or ensure the preparation of plans and
specifications for, and perform or ensure the performance of, all relocations the Government
determines to be necessary for that work. Furthermore, prior to the end of the period of
construction, the Non - Federal Sponsor shall perform or ensure performance of all
relocations as set forth in such descriptions.
C. The Government, after consultation with the Non - Federal Sponsor, shall
determine the improvements required on lands, easements, and rights -of -way to enable the
disposal of dredged or excavated material associated with construction, operation, and
maintenance of the Project. Such improvements may include, but are not necessarily
limited to, retaining dikes, wasteweirs, bulkheads, embankments, monitoring features,
stilling basins, and de- watering pumps and pipes. The Government in a timely manner shall
provide the Non - Federal Sponsor with general written descriptions, including maps as
appropriate, of such improvements in detail sufficient to enable the Non - Federal Sponsor to
fulfill its obligations under this paragraph, and shall provide the Non - Federal Sponsor with a
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written notice to proceed with construction of such improvements. Prior to the issuance of
the solicitation for each Government contract for construction of the Project, or prior to the
Government incurring any financial obligations for construction of a portion of the
Project using the Government's own forces, the Non - Federal Sponsor shall prepare plans
and specifications for all improvements the Government determines to be required for the
disposal of dredged or excavated material under that contract, submit such plans and
specifications to the Government for approval, and provide such improvements in
accordance with the approved plans and specifications. Furthermore, prior to the end of the
period ofconstruction, the Non - Federal Sponsor shall provide all improvements set forth in
such descriptions.
D. The Non - Federal Sponsor shall comply with the applicable provisions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public
Law 91 -646, as amended (42 U.S.C. 4601- 4655), and the Uniform Regulations contained in
49 C.F.R. Part 24, in acquiring lands, easements, and rights -of -way required for
construction, operation, and maintenance of the Project, including those required for
relocations, the borrowing of material, or the disposal of dredged or excavated material, and
shall inform all affected persons of applicable benefits, policies, and procedures in
connection with said Act.
ARTICLE IV - CREDIT FOR VALUE OF LANDS, EASEMENTS, RIGHTS -OF -WAY,
RELOCATIONS, AND DISPOSAL AREA IMPROVEMENTS
A. The Government shall include in total project costs and afford credit toward the
Non - Federal Sponsor's share of total project costs for the value of the lands, easements, and
rights -of -way that the Non - Federal Sponsor must provide pursuant to Article IILA. of this
Agreement; for the value of the relocations that the Non - Federal Sponsor must perform or
for which it must ensure performance pursuant to Article IILB. of this Agreement; and for
the value of the improvements required on lands, easements, and rights -of -way to enable the
disposal of dredged or excavated material that the Non - Federal Sponsor must provide
pursuant to Article IILC. of this Agreement. However, no amount shall be included in total
project costs, no credit shall be afforded, and no reimbursement shall be provided for the
value of any lands, easements, rights -of -way, relocations, or improvements required on
lands, easements, and rights -of -way to enable the disposal of dredged or excavated material
that have been provided previously as an item of cooperation for another Federal project. In
addition, no amount shall be included in total project costs, no credit shall be afforded, and
no reimbursement shall be provided for the value of lands, easements, rights -of -way,
relocations, or improvements required on lands, easements, and rights -of -way to enable the
disposal of dredged or excavated material that were acquired or performed using Federal
program fiords unless the Federal agency providing the funds verifies in writing that such
funds are authorized to be used to carry out the Project.
B. The Non - Federal Sponsor in a timely manner shall provide the Government with
such documents as are sufficient to enable the Government to determine the value of any
contribution provided pursuant to Article IILA., Article IILB., or Article IILC. of this
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Agreement. Upon receipt of such documents, the Government in a timely manner shall
determine the value of such contributions for the purpose of including such value in total
project costs and for determining the amount of credit to be afforded or reimbursement to
be provided in accordance with the provisions of this Agreement.
C. For the purposes of determining the value to be included in total project costs
and the amount of credit to be afforded or reimbursement to be provided in accordance with
this Agreement and except as otherwise provided in paragraph G. of this Article, the value
of lands, easements, and rights -of -way, including those required for relocations, the
borrowing of material, and the disposal of dredged or excavated material, shall be the fair
market value of the real property interests, plus certain incidental costs of acquiring those
interests, as determined in accordance with the provisions of this paragraph.
1. Date of Valuation. The fair market value of lands, easements, or rights -
of -way owned by the Non - Federal Sponsor on the effective date of this Agreement shall be
the fair market value of such real property interests as of the date the Non - Federal Sponsor
provides the Government with authorization for entry thereto. The fair market value of
lands, easements, or rights -of -way acquired by the Non - Federal Sponsor after the effective
date of this Agreement shall be the fair market value of such real property interests at the
time the interests are acquired.
2. General Valuation Procedure. Except as provided in paragraph C.3. or
paragraph C.5. of this Article, the fair market value of lands, easements, or rights -of -way
shall be determined in accordance with the provisions of this paragraph.
a. The Non - Federal Sponsor shall obtain, for each real property
interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non -
Federal Sponsor and the Government. The Non - Federal Sponsor shall provide the
Government with the appraisal no later than 6 months after the Non - Federal Sponsor
provides the Government with an authorization for entry for such real property interest.
The appraisal must be prepared in accordance with the applicable rules of just
compensation, as specified by the Government. The fair market value shall be the amount
set forth in the Non - Federal Sponsor's appraisal, if such appraisal is approved by the
Government. In the event the Government does not approve the Non - Federal Sponsor's
appraisal, the Non - Federal Sponsor may obtain a second appraisal, and the fair market value
shall be the amount set forth in the Non - Federal Sponsor's second appraisal, if such
appraisal is approved by the Government. In the event the Government does not approve
the Non - Federal Sponsor's second appraisal, the Non - Federal Sponsor chooses not to obtain
a second appraisal, or the Non - Federal Sponsor does not provide the first appraisal as
required in this paragraph, the Government shall obtain an appraisal, and the fair market
value shall be the amount set forth in the Government's appraisal, if such appraisal is
approved by the Non - Federal Sponsor. In the event the Non - Federal Sponsor does not
approve the Government's appraisal, the Government, after consultation with the Non -
Federal Sponsor, shall consider the Government's and the Non - Federal Sponsor's appraisals
and determine an amount based thereon, which shall be deemed to be the fair market value.
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DI.B Page 96 of 130
b. Where the amount paid or proposed to be paid by the Non - Federal
Sponsor for the real property interest exceeds the amount determined pursuant to paragraph
C.2.a. of this Article, the Government, at the request of the Non - Federal Sponsor, shall
consider all factors relevant to determining fair market value and, in its sole discretion, after
consultation with the Non - Federal Sponsor, may approve in writing an amount greater than
the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the
amount actually paid or proposed to be paid. If the Government approves such an amount,
the fair market value shall be the lesser of the approved amount or the amount paid by the
Non - Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a.
of this Article.
3. Eminent Domain Valuation Procedure. For lands, easements, or rights -
of -way acquired by eminent domain proceedings instituted after the effective date of this
Agreement, the Non - Federal Sponsor, prior to instituting such proceedings, shall submit to
the Government notification in writing of its intent to institute such proceedings and an
appraisal of the specific real property interests to be acquired in such proceedings. The
Government shall have 60 calendar days after receipt of such a notice and appraisal within
which to review the appraisal, if not previously approved by the Government in writing.
a. If the Government previously has approved the appraisal in
writing, or if the Government provides written approval of, or takes no action on, the
appraisal within such 60 day period, the Non - Federal Sponsor shall use the amount set forth
in such appraisal as the estimate of just compensation for the purpose of instituting the
eminent domain proceeding.
b. If the Government provides written disapproval of the appraisal,
including the reasons for disapproval, within such 60 day period, the Government and the
Non - Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of
disagreement that are identified in the Government's written disapproval. If, after such
good faith consultation, the Government and the Non - Federal Sponsor agree as to an
appropriate amount, then the Non - Federal Sponsor shall use that amount as the estimate of
just compensation for the purpose of instituting the eminent domain proceeding. If, after
such good faith consultation, the Government and the Non - Federal Sponsor cannot agree as
to an appropriate amount, then the Non - Federal Sponsor may use the amount set forth in its
appraisal as the estimate of just compensation for the purpose of instituting the eminent
domain proceeding.
c. For lands, easements, or rights -of -way acquired by eminent
domain proceedings instituted in accordance with paragraph C.3. of this Article, fair market
value shall be either the amount of the court award for the real property interests taken, to
the extent the Government determined such interests are required for construction,
operation, and maintenance of the Project, or the amount of any stipulated settlement or
portion thereof that the Government approves in writing.
4. Incidental Costs. For lands, easements, or rights -of -way acquired by the
Non - Federal Sponsor within a five year period preceding the effective date of this
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Agreement, or at any time after the effective date of this Agreement, the value of the interest
shall include the documented incidental costs of acquiring the interest, as determined by the
Government, subject to an audit in accordance with Article X.C. of this Agreement to
determine reasonableness, allocability, and allowability of such costs. In the event the
Government modifies its determination made pursuant to Article IILA. of this
Agreement, the Government shall afford credit for the documented incidental costs
associated with preparing to acquire the lands, easements, or rights -of -way identified in
the original determination, subject to an audit in accordance with Article X.C. of this
Agreement to determine reasonableness, allocability, and allowability of such costs.
Such incidental costs shall include, but not necessarily be limited to, closing and title costs,
appraisal costs, survey costs, attorney's fees, plat maps, mapping costs, actual amounts
expended for payment of any relocation assistance benefits provided in accordance with
Article III.D. of this Agreement, and other payments by the Non - Federal Sponsor for
items that are generally recognized as compensable, and required to be paid, by
applicable state law due to the acquisition of a real property interest in accordance with
Article III of this Agreement. The value of the interests provided by the Non - Federal
Sponsor in accordance with Article IILA. of this Agreement shall also include the
documented costs of obtaining appraisals pursuant to paragraph C.2. of this Article, as
determined by the Government, and subject to an audit in accordance with Article X.C.
of this Agreement to determine reasonableness, allocability, and allowability of such
costs.
5. Waiver of Appraisal. Except as required by paragraph C.3. of this
Article, the Government may waive the requirement for an appraisal pursuant to this
paragraph if it determines that an appraisal is unnecessary because the valuation is
uncomplicated and that the estimated fair market value of the real property interest is
$10,000 or less based upon a review of available data. In such event, the Government
and the Non - Federal Sponsor must agree in writing to the value of such real property
interest in an amount not in excess of $10,000.
D. After consultation with the Non - Federal Sponsor, the Government shall
determine the value of relocations in accordance with the provisions of this paragraph.
1. For a relocation other than a highu,av, the value shall be only that portion
of relocation costs that the Government determines is necessary to provide a functionally
equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any
removed items.
2. For a relocation of a highu,av, the value shall be only that portion of
relocation costs that would be necessary to accomplish the relocation in accordance with the
design standard that the State of Washington would apply under similar conditions of
geography and traffic load, reduced by the salvage value of any removed items.
3. Relocation costs shall include, but not necessarily be limited to, actual
costs of performing the relocation; planning, engineering and design costs; supervision and
administration costs; and documented incidental costs associated with performance of the
relocation, as determined by the Government. Relocation costs shall not include any costs
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DI.B Page 98 of 130
due to betterments, as determined by the Government, nor any additional cost of using new
material when suitable used material is available. Relocation costs shall be subject to an
audit in accordance with Article X.C. of this Agreement to determine reasonableness,
allocability, and allowability of such costs.
E. The value of the improvements required on lands, easements, and rights -of -way
to enable the disposal of dredged or excavated material shall be the costs of the
improvements, as determined by the Government, subject to an audit in accordance with
Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of
such costs. Such costs shall include, but not necessarily be limited to, actual costs of
providing the improvements; planning, engineering and design costs; supervision and
administration costs; and documented incidental costs associated with providing the
improvements, but shall not include any costs due to betterments, as determined by the
Government.
F. Any credit afforded or reimbursement provided under the terms of this
Agreement for the value of relocations, or improvements required on lands, easements,
and rights -of -way to enable the disposal of dredged or excavated material, performed within
the Project boundaries is subject to satisfactory compliance with applicable Federal labor
laws covering non - Federal construction, including, but not limited to, 40 U.S.C. 3141-
3148 and 40 U.S.C. 3701 -3708 (revising, codifying and enacting without substantive
change the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et seq.), the
Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.) and the
Copeland Anti - Kickback Act (formerly 40 U.S.C. 276c)). Notwithstanding any other
provision of this Agreement, credit or reimbursement may be withheld, in whole or in
part, as a result of the Non - Federal Sponsor's failure to comply with its obligations under
these laws.
G. Where the Government, on behalf of the Non - Federal Sponsor pursuant to
Article ILG.1. of this Agreement, acquires lands, easements, or rights -of -way, performs
relocations, or constructs improvements required on lands, easements, or rights -of -way to
enable the disposal of dredged or excavated material, the value to be included in total
project costs and the amount of credit to be afforded or the amount of reimbursement
provided in accordance with this Agreement shall be the costs of such work performed or
provided by the Government that are paid by the Non - Federal Sponsor in accordance
with Article VLD. of this Agreement. In addition, the value to be included in total
project costs and the amount of such credit to be afforded or the amount of
reimbursement provided in accordance with this Agreement shall include the documented
costs incurred by the Non - Federal Sponsor in accordance with the terms and conditions
agreed upon in writing pursuant to Article II_G.1. of this Agreement subject to an audit in
accordance with Article X.C. of this Agreement to determine reasonableness, allocability,
and allowability of such costs.
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ARTICLE V - PROJECT COORDINATION TEAM
A. To provide for consistent and effective communication, the Non - Federal Sponsor
and the Government, not later than 30 calendar days after the effective date of this
Agreement, shall appoint named senior representatives to a Project Coordination Team.
Thereafter, the Project Coordination Team shall meet regularly until the end of theperiod of
construction. The Government's Project Manager and a counterpart named by the Non -
Federal Sponsor shall co -chair the Project Coordination Team.
B. The Government's Project Manager and the Non - Federal Sponsor's counterpart
shall keep the Project Coordination Team informed of the progress of construction and of
significant pending issues and actions, and shall seek the views of the Project Coordination
Team on matters that the Project Coordination Team generally oversees.
C. Until the end of the period of construction, the Project Coordination Team shall
generally oversee the Project, including matters related to: plans and specifications;
scheduling; real property and relocation requirements; real property acquisition; contract
awards and modifications; contract costs; the application of and compliance with 40
U.S.C. 3141 -3148 and 40 U.S.C. 3701 -3708 (revising, codifying and enacting without
substantive change the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et
seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et
seq.) and the Copeland Anti - Kickback Act (formerly 40 U.S.C. 276c)) for relocations and
improvements required on lands, easements, and rights -of -way to enable the disposal of
dredged or excavated material; the investigations to identify the existence and extent of
hazardous substances in accordance with Article XIV.A. of this Agreement; historic
preservation activities in accordance with Article XVII of this Agreement; the
Government's cost projections; final inspection of the entire Project or finlctionalportions
of the Project; preparation of the proposed OMRR &R Manual; finalization of the
monitoring plan; performance of monitoring and adaptive management; anticipated
requirements and needed capabilities for performance of operation, maintenance, repair,
rehabilitation, and replacement of the Project including issuance of permits; and other
matters related to the Project. This oversight of the Project shall be consistent with a project
management plan developed by the Government after consultation with the Non - Federal
Sponsor.
D. The Project Coordination Team may make recommendations to the District
Engineer on matters related to the Project that the Project Coordination Team generally
oversees, including suggestions to avoid potential sources of dispute. The Government in
good faith shall consider the recommendations of the Project Coordination Team. The
Government, having the legal authority and responsibility for construction of the Project,
has the discretion to accept or reject, in whole or in part, the Project Coordination Team's
recommendations.
E. The Non - Federal Sponsor's costs of participation in the Project Coordination
Team shall be included in total project costs and shared in accordance with the provisions
of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement
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to determine reasonableness, allocability, and allowability of such costs. The
Government's costs of participation in the Project Coordination Team shall be included
in total project costs and shared in accordance with the provisions of this Agreement.
ARTICLE VI - METHOD OF PAYMENT
A. In accordance with the provisions of this paragraph, the Government shall
maintain current records and provide to the Non - Federal Sponsor current projections of
costs, financial obligations, contributions provided by the parties, and the value included
in total project costs for lands, easements, rights -of -way, relocations, and improvements
required on lands, easements, and rights -of -way to enable the disposal of dredged or
excavated material determined in accordance with Article IV of this Agreement.
1. As of the effective date of this Agreement, total project costs are
projected to be $5,738,048; the value included in total project costs for lands, easements,
rights -of -way, relocations, and improvements required on lands, easements, and rights -of-
way to enable the disposal of dredged or excavated material determined in accordance with
Article IV of this Agreement is projected to be $900,000; the value of the Non - Federal
Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement is
projected to be $40,000; the Non - Federal Sponsor's contribution of funds required by
Article ILB.2. of this Agreement is projected to be $707,101.80; the non- Federal
proportionate share is projected to be 22.26 percent; the Non - Federal Sponsor's
contribution of funds required by Article XVILB.3. of this Agreement is projected to be
$0; and the Government's total financial obligations for the additional work to be
incurred and the Non - Federal Sponsor's contribution of funds for such costs required by
Article ILG. of this Agreement are projected to be $0. These amounts and percentage are
estimates subject to adjustment by the Government, after consultation with the Non -
Federal Sponsor, and are not to be construed as the total financial responsibilities of the
Government and the Non - Federal Sponsor.
2. By January 2015 and by each quarterly anniversary thereof until the
conclusion of the period of construction and resolution of all relevant claims and appeals
and eminent domain proceedings, the Government shall provide the Non - Federal Sponsor
with a report setting forth all contributions provided to date and the current projections of
the following: total project costs; the value included in total project costs for lands,
easements, rights -of -way, relocations, and improvements required on lands, easements,
and rights -of -way to enable the disposal of dredged or excavated material determined in
accordance with Article IV of this Agreement; the value of the Non - Federal Sponsor's
contributions under Article V, Article X, and Article XIV.A. of this Agreement; the Non -
Federal Sponsor's total contribution of funds required by Article ILB.2. of this
Agreement; the non - Federal proportionate share; the Non - Federal Sponsor's total
contribution of funds required by Article XVILB.3. of this Agreement; the total
contribution of funds required from the Non - Federal Sponsor for the upcoming fiscal
year; the maximum amount determined in accordance with Article XX of this
Agreement; and the Government's total financial obligations for additional work incurred
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DI.B Page 101 of 130
and the Non - Federal Sponsor's contribution of funds for such costs required by Article
II.G. of this Agreement.
B. The Non - Federal Sponsor shall provide the contributions of funds required by
Article ILB.2. and Article XVILB.3. of this Agreement in accordance with the provisions
of this paragraph.
1. Not less than 30 calendar days prior to the scheduled date for issuance
of the solicitation for the first contract for construction of the Project or commencement
of construction of the Project using the Government's own forces, the Government shall
notify the Non - Federal Sponsor in writing of such scheduled date and the funds the
Government determines to be required from the Non - Federal Sponsor, after consideration
of any cash contribution provided by a non - Federal interest pursuant to the terms of the
Design Agreement, to meet: (a) the non- Federalproportionate share of financial
obligations for construction incurred prior to the commencement of the period of
construction; (b) the projected non- Federalproportionate share of financial obligations
for construction to be incurred in the first fiscal fiscal vear; or, if use of a continuing contract
has been approved pursuant to Federal laws, regulations, and policies, the projected non -
Federalproportionate share of financial obligations for construction through the first
fiscal vear; and (c) the Non - Federal Sponsor's share of the projected financial obligations
for data recovery activities associated with historic preservation pursuant to Article
XVILB.3. of this Agreement to be incurred in the first fiscal vear; or, if use of a
continuing contract has been approved pursuant to Federal laws, regulations, and policies,
the Non - Federal Sponsor's share of the projected financial obligations for data recovery
activities associated with historic preservation pursuant to Article XVILB.3. of this
Agreement through the first fiscal vear. Not later than such scheduled date, the Non -
Federal Sponsor shall provide the Government with the full amount of such required
funds by delivering a check payable to "FAO, USAED, Seattle District " to the District
Engineer, or verifying to the satisfaction of the Government that the Non - Federal
Sponsor has deposited such required funds in an escrow or other account acceptable to
the Government, with interest accruing to the Non - Federal Sponsor, or by presenting the
Government with an irrevocable letter of credit acceptable to the Government for such
required funds, or by providing an Electronic Funds Transfer of such required funds in
accordance with procedures established by the Government.
2. Thereafter, until the construction of the Project is complete, the
Government shall notify the Non - Federal Sponsor in writing of the funds the Government
determines to be required from the Non - Federal Sponsor, and the Non - Federal Sponsor
shall provide such funds in accordance with the provisions of this paragraph.
a. Where the Government will use a continuing contract approved
pursuant to Federal laws, regulations, and policies to make financial obligations for
construction of the Project or financial obligations for data recovery activities associated
with historic preservation pursuant to Article XVII.B.3. of this Agreement, the
Government shall notify the Non - Federal Sponsor in writing, no later than 60 calendar
days prior to the beginning of each fiscal vear in which the Government projects that it
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will make such financial obligations, of the funds the Government determines to be
required from the Non - Federal Sponsor, after consideration of any cash contribution
provided by a non - Federal interest pursuant to the terms of the Design Agreement, to
meet: (a) the projected non- Federalproportionate share of financial obligations for
construction for that fiscal vear for such continuing contract and (b) the Non - Federal
Sponsor's share of the projected financial obligations for data recovery activities
associated with historic preservation pursuant to Article XVILB.3. of this Agreement for
that fiscal vear for such continuing contract. No later than 30 calendar days prior to the
beginning of that fiscal vear, the Non - Federal Sponsor shall make the full amount of such
required funds for that fiscal fiscal vear available to the Government through any of the
payment mechanisms specified in paragraph B.1. of this Article.
b. For each contract for the Project where the Government will
not use a continuing contract to make financial obligations for construction or financial
obligations for data recovery activities associated with historic preservation pursuant to
Article XVILB.3. of this Agreement, the Government shall notify the Non - Federal
Sponsor in writing, no later than 60 calendar days prior to the scheduled date for issuance
of the solicitation for such contract, of the funds the Government determines to be
required from the Non - Federal Sponsor, after consideration of any cash contribution
provided by a non - Federal interest pursuant to the terms of the Design Agreement, to
meet: (a) the projected non - Federal proportionate share of financial obligations for
construction to be incurred for such contract and (b) the Non - Federal Sponsor's share of
the projected financial obligations for data recovery activities associated with historic
preservation pursuant to Article XVILB.3. of this Agreement to be incurred for such
contract. No later than such scheduled date, the Non - Federal Sponsor shall make the full
amount of such required funds available to the Government through any of the payment
mechanisms specified in paragraph B.1. of this Article.
c. Where the Government projects that it will make financial
obligations for construction of the Project using the Government's own forces or
financial obligations for data recovery activities associated with historic preservation
pursuant to Article XVILB.3. of this Agreement using the Government's own forces, the
Government shall notify the Non - Federal Sponsor in writing, no later than 60 calendar
days prior to the beginning of each fiscal vear in which the Government projects that it
will make such financial obligations, of the funds the Government determines to be
required from the Non - Federal Sponsor, after consideration of any cash contribution
provided by a non - Federal interest pursuant to the terms of the Design Agreement, to
meet: (a) the projected non - Federal proportionate share of financial obligations for
construction using the Government's own forces for that fiscal vear and (b) the Non -
Federal Sponsor's share of the projected financial obligations for data recovery activities
associated with historic preservation pursuant to Article XVII.B.3. of this Agreement
using the Government's own forces for that fiscal vear. No later than 30 calendar days
prior to the beginning of that fiscal vear, the Non - Federal Sponsor shall make the full
amount of such required funds for that fiscal vear available to the Government through
any of the payment mechanisms specified in paragraph B.1. of this Article.
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3. The Government shall draw from the funds provided by the Non -
Federal Sponsor such sums as the Government deems necessary, after consideration of
any contributions provided by a non - Federal interest pursuant to the terms of the Design
Agreement, to cover: (a) the non - Federal proportionate share of financial obligations for
construction incurred prior to the commencement of the period of construction; (b) the
non- Federalproportionate share of financial obligations for construction as financial
obligations for construction are incurred; and (c) the Non - Federal Sponsor's share of
financial obligations for data recovery activities associated with historic preservation
pursuant to Article XVILB.3. of this Agreement as those financial obligations are
incurred. If at any time the Government determines that additional funds will be needed
from the Non - Federal Sponsor to cover the Non - Federal Sponsor's share of such
financial obligations in the current. fiscal vear, the Government shall notify the Non -
Federal Sponsor in writing of the additional funds required and provide an explanation of
why additional funds are required. Within 60 calendar days from receipt of such notice,
the Non - Federal Sponsor shall provide the Government with the full amount of such
additional required funds through any of the payment mechanisms specified in paragraph
B.1. of this Article.
C. Upon the District Engineer's determination that, except for monitoring and
adaptive management, the entire Project is complete and all relevant claims and appeals
and eminent domain proceedings have been resolved, the Government shall conduct an
interim accounting and furnish the results to the Non - Federal Sponsor. Further, upon
conclusion of the period of construction and resolution of all relevant claims and appeals
and eminent domain proceedings, the Government shall amend the interim accounting to
complete the final accounting and furnish the results to the Non - Federal Sponsor. If
outstanding relevant claims and appeals or eminent domain proceedings prevent a final
accounting from being conducted in a timely manner, the Government shall conduct an
interim accounting or amend the previous interim accounting, as applicable, and furnish
the Non - Federal Sponsor with written notice of the results of such interim or amended
interim accounting, as applicable. Once all outstanding relevant claims and appeals and
eminent domain proceedings are resolved, the Government shall complete the final
accounting and furnish the Non - Federal Sponsor with written notice of the results of such
final accounting. The interim or final accounting, as applicable, shall determine total
project costs and the costs of any data recovery activities associated with historic
preservation. In addition, for each set of costs, the interim or final accounting, as
applicable, shall determine each party's required share thereof, and each party's total
contributions thereto as of the date of such accounting.
1. Should the interim or final accounting, as applicable, show that the
Non - Federal Sponsor's total required shares of total project costs and the costs of any
data recovery activities associated with historic preservation exceed the Non - Federal
Sponsor's total contributions provided thereto, the Non - Federal Sponsor, no later than 90
calendar days after receipt of written notice from the Government, shall make a payment
to the Government in an amount equal to the difference by delivering a check payable to
"FAO, USAED, Seattle District" to the District Engineer or by providing an Electronic
Funds Transfer in accordance with procedures established by the Government.
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2. Should the interim or final accounting, as applicable, show that the
total contributions provided by the Non - Federal Sponsor for total project costs and the
costs of any data recovery activities associated with historic preservation exceed the Non -
Federal Sponsor's total required shares thereof, the Government, subject to the availability
of funds, shall refund or reimburse the excess amount to the Non - Federal Sponsor within
90 calendar days of the date of completion of such 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 Sponsor, the Government shall seek
such appropriations as are necessary to make the refund or reimbursement.
D. The Non - Federal Sponsor shall provide the contribution of funds required by
Article ILG. of this Agreement for additional work in accordance with the provisions of
this paragraph.
1. Not less than 90 calendar days prior to the scheduled date for the first
financial obligation for additional work, the Government shall notify the Non - Federal
Sponsor in writing of such scheduled date and of the full amount of funds the
Government determines to be required from the Non - Federal Sponsor to cover the costs
of the additional work. No later than 30 calendar days prior to the Government incurring
any financial obligation for additional work, the Non - Federal Sponsor shall provide the
Government with the full amount of the funds required to cover the costs of such
additional work through any of the payment mechanisms specified in paragraph B.1. of
this Article.
2. The Government shall draw from the funds provided by the Non -
Federal Sponsor such sums as the Government deems necessary to cover the
Government's financial obligations for such additional work as they are incurred. If at
any time the Government determines that the Non - Federal Sponsor must provide
additional funds to pay for such additional work, the Government shall notify the Non -
Federal Sponsor in writing of the additional funds required and provide an explanation of
why additional funds are required. Within 30 calendar days from receipt of such notice,
the Non - Federal Sponsor shall provide the Government with the full amount of such
additional required funds through any of the payment mechanisms specified in paragraph
B.1. of this Article.
3. At the time the Government conducts the interim or final accounting,
as applicable, the Government shall conduct an accounting of the Government's financial
obligations for additional work incurred and furnish the Non - Federal Sponsor with
written notice of the results of such accounting. If outstanding relevant claims and
appeals or eminent domain proceedings prevent a final accounting of additional work
from being conducted in a timely manner, the Government shall conduct an interim
accounting of additional work and furnish the Non - Federal Sponsor with written notice of
the results of such interim accounting. Once all outstanding relevant claims and appeals
and eminent domain proceedings are resolved, the Government shall amend the interim
accounting of additional work to complete the final accounting of additional work and
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furnish the Non - Federal Sponsor with written notice of the results of such final
accounting. Such interim or final accounting, as applicable, shall determine the
Government's total financial obligations for additional work and the Non - Federal
Sponsor's contribution of funds provided thereto as of the date of such accounting.
a. Should the interim or final accounting, as applicable, show that
the total obligations for additional work exceed the total contribution of funds provided
by the Non - Federal Sponsor for such additional work, the Non - Federal Sponsor, no later
than 90 calendar days after receipt of written notice from the Government, shall make a
payment to the Government in an amount equal to the difference by delivering a check
payable to "FAO, USAED, Seattle District" to the District Engineer or by providing an
Electronic Funds Transfer in accordance with procedures established by the Government.
b. Should the interim or final accounting, as applicable, show that
the total contribution of funds provided by the Non - Federal Sponsor for additional work
exceeds the total obligations for such additional work, the Government, subject to the
availability of funds, shall refund the excess amount to the Non - Federal Sponsor within
90 calendar days of the date of completion of such accounting. In the event the Non -
Federal Sponsor is due a refund and funds are not available to refund the excess amount
to the Non - Federal Sponsor, the Government shall seek such appropriations as are
necessary to make the refund.
ARTICLE VII - DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of the
purported breach and seek in good faith to resolve the dispute through negotiation. If the
parties cannot resolve the dispute through negotiation, they may agree to a mutually
acceptable method of non - binding alternative dispute resolution with a qualified third
party acceptable to both parties. Each party shall pay an equal share 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 from performance pursuant to this Agreement.
ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REHABILITATION,
AND REPLACEMENT (OMRR &R)
A. Upon receipt of the notification from the District Engineer in accordance with
Article ILC. of this Agreement and for so long as the Project remains authorized, the Non -
Federal Sponsor, pursuant to Article ILD. of this Agreement, shall operate, maintain,
repair, rehabilitate, and replace the entire Project or fimctionalportion of the Project, at no
cost to the Government. The Non - Federal Sponsor shall conduct its operation,
maintenance, repair, rehabilitation, and replacement responsibilities in a manner
compatible with the Project's authorized purposes and in accordance with applicable
Federal and State laws as provided in Article XI of this Agreement and specific directions
prescribed by the Government in the interim or final OMRR &R Manual and any
subsequent amendments thereto.
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B. The Non - Federal Sponsor hereby gives the Government a right to enter, at
reasonable times and in a reasonable manner, upon property that the Non - Federal Sponsor
now or hereafter owns or controls for access to the Project for the purpose of inspection and,
if necessary, for the purpose of completing, operating, maintaining, repairing, rehabilitating,
or replacing the Project. If an inspection shows that the Non - Federal Sponsor for any
reason is failing to perform its obligations under this Agreement, the Government shall send
a written notice describing the non - performance to the Non - Federal Sponsor. If, after 30
calendar days from receipt of such written notice by the Government, the Non - Federal
Sponsor continues to fail to perform, then the Government shall have the right to enter, at
reasonable times and in a reasonable manner, upon property that the Non - Federal Sponsor
now or hereafter owns or controls for the purpose of completing, operating, maintaining,
repairing, rehabilitating, or replacing the Project. No completion, operation, maintenance,
repair, rehabilitation, or replacement by the Government shall relieve the Non - Federal
Sponsor of responsibility to meet the Non - Federal Sponsor's obligations as set forth in this
Agreement, or to preclude the Government from pursuing any other remedy at law or equity
to ensure faithful performance pursuant to this Agreement.
ARTICLE IX — HOLD AND SAVE
The Non - Federal Sponsor shall hold and save the Government free from all damages arising
from construction, monitoring, adaptive management, operation, maintenance, repair,
rehabilitation, and replacement of the Project and any betterments, except for damages due
to the fault or negligence of the Government or its contractors.
ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the effective date of this Agreement, the
Government and the Non - Federal Sponsor shall develop procedures for keeping books,
records, documents, or other evidence pertaining to costs and expenses incurred pursuant to
this Agreement. These procedures shall incorporate, and apply as appropriate, the standards
for financial management systems set forth in the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section
33.20. The Government and the Non - Federal Sponsor shall maintain such books, records,
documents, or other evidence in accordance with these procedures and for a minimum of
three years after completion of the accounting for which such books, records, documents, or
other evidence were required. To the extent permitted under applicable Federal laws and
regulations, the Government and the Non - Federal Sponsor shall each allow the other to
inspect such books, records, documents, or other evidence.
B. In accordance with 32 C.F.R. Section 33.26, the Non - Federal Sponsor is
responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-
7507), as implemented by Office of Management and Budget (OMB) Circular No. A -133
and Department of Defense Directive 7600.10. Upon request of the Non - Federal Sponsor
and to the extent permitted under applicable Federal laws and regulations, the Government
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shall provide to the Non - Federal Sponsor and independent auditors any information
necessary to enable an audit of the Non - Federal Sponsor's activities under this Agreement.
The costs of any non - Federal audits performed in accordance with this paragraph shall be
allocated in accordance with the provisions of OMB Circulars A -87 and A -133, and such
costs as are allocated to the Project shall be included in total project costs and shared in
accordance with the provisions of this Agreement.
C. In accordance with 31 U.S.C. 7503, the Government may conduct audits in
addition to any audit that the Non - Federal Sponsor is required to conduct under the Single
Audit Act Amendments of 1996. Any such Government audits shall be conducted in
accordance with Government Auditing Standards and the cost principles in OMB Circular
No. A -87 and other applicable cost principles and regulations. The costs of Government
audits performed in accordance with this paragraph shall be included in total project costs
and shared in accordance with the provisions of this Agreement.
ARTICLE XI - FEDERAL AND STATE LAWS
In the exercise of their respective rights and obligations under this Agreement, the
Non - Federal Sponsor and the Government shall comply with all applicable Federal and
State laws and regulations, including, but not limited to: Section 601 of the Civil Rights
Act of 1964, Public Law 88 -352 (42 U.S.C. 20004) and Department of Defense Directive
5500.11 issued pursuant thereto; Army Regulation 600 -7, entitled "Nondiscrimination on
the Basis of Handicap in Programs and Activities Assisted or Conducted by the
Department of the Army "; and all applicable Federal labor standards requirements
including, but not limited to, 40 U.S.C. 3141 -3148 and 40 U.S.C. 3701 -3708 (revising,
codifying and enacting without substantive change the provisions of the Davis -Bacon Act
(formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act
(formerly 40 U.S.C. 327 et seq.) and the Copeland Anti - Kickback Act (formerly 40
U.S.C. 276c)).
ARTICLE XII - RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this Agreement,
the Government and the Non - Federal Sponsor each act in an independent capacity, and
neither is to be considered the officer, agent, or employee of the other.
B. In the exercise of its rights and obligations under this Agreement, neither party
shall provide, without the consent of the other party, any contractor with a release that
waives or purports to waive any rights the other party may have to seek relief or redress
against that contractor either pursuant to any cause of action that the other party may have or
for violation of any law.
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D I . B Page 108 of 130
ARTICLE XIII - TERMINATION OR SUSPENSION
A. If at any time the Non - Federal Sponsor fails to fulfill its obligations under this
Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this
Agreement or suspend future performance under this Agreement unless the Assistant
Secretary of the Army (Civil Works) determines that continuation of work on the Project is
in the interest of the United States or is necessary in order to satisfy agreements with any
other non - Federal interests in connection with the Project.
B. In the event the Government projects that the amount of Federal funds the
Government will make available to the Project through the then - current fiscal vear, or the
amount of Federal funds the Government will make available for the Project through the
upcoming fiscal vear, is not sufficient to meet the Federal share of totalproject costs and
the Federal share of costs for data recovery activities associated with historic preservation
in accordance with Article XVILB.2. and Article XVILB.3. of this Agreement that the
Government projects to be incurred through the then - current or upcoming fiscal vear, as
applicable, the Government shall notify the Non - Federal Sponsor in writing of such
insufficiency of funds and of the date the Government projects that the Federal funds that
will have been made available to the Project will be exhausted. Upon the exhaustion of
Federal funds made available by the Government to the Project, future performance
under this Agreement shall be suspended. Such suspension shall remain in effect until
such time that the Government notifies the Non - Federal Sponsor in writing that sufficient
Federal funds are available to meet the Federal share of total project costs and the
Federal share of costs for data recovery activities associated with historic preservation in
accordance with Article XVILB.2. and Article XVILB.3. of this Agreement the
Government projects to be incurred through the then - current or upcoming fiscal vear, or
the Government or the Non - Federal Sponsor elects to terminate this Agreement.
C. In the event that the Government and the Non - Federal Sponsor determine to
suspend future performance under this Agreement in accordance with Article XIV.C. of
this Agreement, such suspension shall remain in effect until the Government and the
Non - Federal Sponsor agree to proceed or to terminate this Agreement. In the event that
the Government suspends future performance under this Agreement in accordance with
Article XIV.C. of this Agreement due to failure to reach agreement with the Non - Federal
Sponsor on whether to proceed or to terminate this Agreement, or the failure of the Non -
Federal Sponsor to provide funds to pay for cleanup and response costs or to otherwise
discharge the Non - Federal Sponsor's responsibilities under Article XIV.C. of this
Agreement, such suspension shall remain in effect until: 1) the Government and Non -
Federal Sponsor reach agreement on how to proceed or to terminate this Agreement; 2)
the Non - Federal Sponsor provides funds necessary to pay for cleanup and response costs
and otherwise discharges its responsibilities under Article XIV.C. of this Agreement; 3)
the Government continues work on the Project; or 4) the Government terminates this
Agreement in accordance with the provisions of Article XIV.C. of this Agreement.
D. In the event that this Agreement is terminated pursuant to this Article or Article
XIV.C. of this Agreement, both parties shall conclude their activities relating to the Project
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D I . B Page 109 of 130
and conduct an accounting in accordance with Article VLC. of this Agreement. To provide
for this eventuality, the Government may reserve a percentage of total Federal funds
made available for the Project and an equal percentage of the total funds contributed by
the Non - Federal Sponsor in accordance with Article ILB.2. and Article XVILB.3. of this
Agreement as a contingency to pay costs of termination, including any costs of resolution
of contract claims and contract modifications.
E. Any termination of this Agreement or suspension of future performance under
this Agreement in accordance with this Article or Article XIV.C. of this Agreement shall
not relieve the parties of liability for any obligation previously incurred. Any delinquent
payment owed by the Non - Federal Sponsor shall be charged interest at a rate, to be
determined by the Secretary of the Treasury, equal to 150 per centum of the average bond
equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on
which such payment became delinquent, or auctioned immediately prior to the beginning of
each additional 3 month period if the period of delinquency exceeds 3 months.
ARTICLE XIV - HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon direction by the District Engineer,
the Non - Federal Sponsor shall perform, or ensure performance of, any investigations for
hazardous substances that the Government or the Non - Federal Sponsor determines to be
necessary to identify the existence and extent of any hazardous substances regulated under
the Comprehensive Environmental Response, Compensation, and Liability Act (hereinafter
"CERCLA ") (42 U.S.C. 9601- 9675), that may exist in, on, or under lands, easements, and
rights -of -way that the Government determines, pursuant to Article III of this Agreement, to
be required for construction, operation, and maintenance of the Project. However, for lands,
easements, and rights -of -way that the Government determines to be subject to the navigation
servitude, only the Government shall perform such investigations unless the District
Engineer provides the Non - Federal Sponsor with prior specific written direction, in which
case the Non - Federal Sponsor shall perform such investigations in accordance with such
written direction.
1. All actual costs incurred by the Non - Federal Sponsor for such
investigations for hazardous substances shall be included in total project costs and shared in
accordance with the provisions of this Agreement, subject to an audit in accordance with
Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of
such costs.
2. All actual costs incurred by the Government for such investigations for
hazardous substances shall be included in total project costs and shared in accordance
with the provisions of this Agreement.
B. In the event it is discovered through any investigation for hazardous substances
or other means that hazardous substances regulated under CERCLA exist in, on, or under
any lands, easements, or rights -of -way that the Government determines, pursuant to Article
III of this Agreement, to be required for construction, operation, and maintenance of the
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Project, the Non - Federal Sponsor and the Government, in addition to providing any other
notice required by applicable law, shall provide prompt written notice to each other, and the
Non - Federal Sponsor shall not proceed with the acquisition of the real property interests
until the parties agree that the Non - Federal Sponsor should proceed.
C. The Government and the Non - Federal Sponsor shall determine whether to
initiate construction of the Project, or, if already in construction, whether to continue with
construction of the Project, suspend future performance under this Agreement, or terminate
this Agreement for the convenience of the Government, in any case where hazardous
substances regulated under CERCLA are found to exist in, on, or under any lands,
easements, or rights -of -way that the Government determines, pursuant to Article III of this
Agreement, to be required for construction, operation, and maintenance of the Project.
Should the Government and the Non - Federal Sponsor determine to initiate or continue with
construction of the Project after considering any liability that may arise under CERCLA, the
Non - Federal Sponsor shall be responsible, as between the Government and the Non - Federal
Sponsor, for the costs of cleanup and response, including the costs of any studies and
investigations necessary to determine an appropriate response to the contamination. Such
costs shall not be considered a part of total project costs. In the event the Non - Federal
Sponsor does not reach agreement with the Government on whether to proceed or to
terminate this Agreement under this paragraph, or fails to provide any funds necessary to
pay for cleanup and response costs or to otherwise discharge the Non - Federal Sponsor's
responsibilities under this paragraph upon direction by the Government, the Government, in
its sole discretion, may either terminate this Agreement for the convenience of the
Government, suspend future performance under this Agreement, or continue work on the
Project.
D. The Non - Federal Sponsor and the Government shall consult with each other in
accordance with Article V of this Agreement in an effort to ensure that responsible parties
bear any necessary cleanup and response costs as defined in CERCLA. Any decision made
pursuant to paragraph C. of this Article shall not relieve any third party from any liability
that may arise under CERCLA.
E. As between the Government and the Non - Federal Sponsor, the Non - Federal
Sponsor shall be considered the operator of the Project for purposes of CERCLA liability.
To the maximum extent practicable, the Non - Federal Sponsor shall operate, maintain,
repair, rehabilitate, and replace the Project in a manner that will not cause liability to arise
under CERCLA.
ARTICLE XV - NOTICES
A. Any notice, request, demand, or other communication required or permitted to be
given under this Agreement shall be deemed to have been duly given if in writing and
delivered personally or sent by telegram or mailed by first- class, registered, or certified mail,
as follows:
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DI.B Page 111 of 130
If to the Non - Federal Sponsor:
Environmental Services Manager
City of Auburn
25 West Main Street
Auburn, WA 98001
If to the Government:
Chief, Planning Branch, PPMD
Seattle District, Corps of Engineers
P.O. Box 3755
Seattle, WA 98124 -3755
B. A party may change the address to which such communications are to be
directed by giving written notice to the other party in the manner provided in this Article.
C. Any notice, request, demand, or other communication made pursuant to this
Article shall be deemed to have been received by the addressee at the earlier of such time as
it is actually received or seven calendar days after it is mailed.
ARTICLE XVI - CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to
maintain the confidentiality of exchanged information when requested to do so by the
providing party.
ARTICLE XVII - HISTORIC PRESERVATION
A. The Government, as it determines necessary for the Project, shall perform any
identification, survey, or evaluation of historic properties. Any costs incurred by the
Government for such work shall be included in total project costs and shared in
accordance with the provisions of this Agreement.
B. The Government, as it determines necessary for the Project, shall perform or
ensure the performance of any mitigation activities or actions for historic properties or
that are otherwise associated with historic preservation including data recovery activities.
1. Any costs incurred by the Government for such mitigation activities,
except for data recovery activities associated with historic preservation, shall be included
in total project costs and shared in accordance with the provisions of this Agreement.
2. As specified in Section 7(a) of Public Law 86 -523, as amended by Public
Law 93 -291 (16 U.S.C. 469c(a)), the costs of data recovery activities associated with
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DI.B Page 112 of 130
historic preservation shall be borne entirely by the Government and shall not be included in
total project costs, up to the statutory limit of one percent of the total amount authorized to
be appropriated to the Government for the Project.
3. The Government shall not incur costs for data recovery activities
associated with historic preservation that exceed the statutory one percent limit specified in
paragraph B.2. of this Article unless and until the Assistant Secretary of the Army (Civil
Works) has waived that limit and the Secretary of the Interior has concurred in the waiver
in accordance with Section 208(3) of Public Law 96 -515, as amended (16 U.S.C. 469c-
2(3)). Any costs of data recovery activities associated with historic preservation that exceed
the one percent limit shall not be included in total project costs but shall be shared between
the Non - Federal Sponsor and the Government consistent with the cost sharing requirements
for ecosystem restoration, as follows: 35 percent will be borne by the Non - Federal Sponsor
and 65 percent will be borne by the Government.
C. If, during its performance of relocations or construction of improvements
required on lands, easements, and rights -of -way to enable the disposal of dredged or
excavated material in accordance with Article III of this Agreement, the Non - Federal
Sponsor discovers historic properties or other cultural resources that have not been evaluated
by the Government pursuant to this Article, the Non - Federal Sponsor shall provide prompt
written notice to the Government of such discovery. The Non - Federal Sponsor shall not
proceed with performance of the relocation or construction of the improvement that is
related to such discovery until the Government provides written notice to the Non - Federal
Sponsor that it should proceed with such work.
ARTICLE XVIII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any rights,
confer any benefits, or relieve any liability, of any kind whatsoever in any third person
not party to this Agreement.
ARTICLE XIX- NON - LIABILITY OF OFFICERS AND EMPLOYEES
No officer, agent, consultant, or employee of the Non - Federal Sponsor, nor any
officer, agent, consultant, or employee of the Government, may be charged personally, or
held liable, under the terms or provisions of this Agreement because of any breach,
attempted breach, or alleged breach thereof, except as provided in Section 912(b) of the
Water Resources Development Act of 1986, Public Law 99 -662, as amended (42 U.S.C.
19624 -5b note), or other applicable law.
ARTICLE XX - SECTION 902 MAXIMUM COST OF PROJECT
The Non - Federal Sponsor understands that Section 902 of the Water Resources
Development Act of 1986, Public Law 99 -662, as amended (33 U.S.C. 2280) establishes
the maximum amount of total costs for the Authorized Project, of which the Project is a
separable element. On the effective date of this Agreement, the maximum amount of total
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DI.B Page 113 of 130
costs for the Authorized Project, which is the sum of totalproject costs for the Project and
the costs for all other separable elements of the Authorized Project, is estimated to be
$215,454,000, as calculated in accordance with Engineer Regulation 1105 -2 -100, using
October 1, 2013 price levels, and including allowances for projected future inflation. The
Government shall adjust such maximum amount of total costs for the Authorized Project, in
accordance with Section 902 of the Water Resources Development Act of 1986, Public
Law 99 -662, as amended (33 U.S.C. 2280), when necessary.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which
shall become effective upon the date it is signed by the District Engineer.
DEPARTMENT OF THE ARMY
BY:
John G. Buck
Colonel, Corps of Engineers
District Engineer
DATE:
CITY OF AUBURN
BY:
Nancy Backus
Mayor
DATE:
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DI.B Page 114 of 130
CERTIFICATE OF AUTHORITY
I, , do hereby certify that I am the principal legal officer of
the City of Auburn, that the City of Auburn is a legally constituted public body with full
authority and legal capability to perform the terms of the Agreement between the
Department of the Army and the City of Auburn in connection with the Duwamish/Mill
Creek Wetland 5K Reach Ecosystem Restoration Project, and to pay damages, if
necessary, in the event of the failure to perform in accordance with the terms of this
Agreement, as required by Section 221 of the Flood Control Act of 1970, Public Law
91 -611, as amended (42 U.S.C. 19624 -5b), and that the persons who have executed this
Agreement on 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
Daniel B. Heid
Senior Counsel
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DI.B Page 115 of 130
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Nancy Backus
Mayor, City of Auburn
DATE:
32
DI.B Page 116 of 130
NON - FEDERAL SPONSOR'S
SELF - CERTIFICATION OF FINANCIAL CAPABILITY
FOR AGREEMENTS
I, , do hereby certify that I am the Chief Financial Officer of the City
of Auburn (the "Non- Federal Sponsor "), that I am aware of the financial obligations of the Non- Federal
Sponsor for the Duwamish/Mill Creek Wetland 5K Reach Ecosystem Restoration Project: and that the
Non- Federal Sponsor has the financial capability to satisfy the Non- Federal Sponsor's obligations under the
Project Partnership Agreement Between the Department of the Anuy and the City of Auburn For
Construction of the Duwamish/Mill Creek Wetland 5K Reach Ecosystem Restoration Project.
IN WITNESS WHEREOF, I have made and executed this certification this day of
17-M
TITLE: Finance Director, City of Auburn
DATE:
33
DI.B Page 117 of 130
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VVAS1IIN61CIN'
Agenda Subject:
Capital Project Status Report
Department:
Public Works
AGENDA BILL APPROVAL FORM
Date:
July 16, 2014
Attachments: Budget Impact:
CIELl PL2i Siaius ep® $0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember: Osborne
Meeting Date: July 21, 2014
Staff: Sweeting
Item r: DI.D
DI.D AUBURN * MORE THAN YOU IMAGINED Page 118 of 130
CQ
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Date: July 16, 2014
Page 1 of 8
Project Budget ($)
Design
Construction
,.
i+
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Proi.
Street,
Total Estimated
aj
P E
Adv.
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Finish
Project
L
No.
No.
Location /Description
Utilities
Other
Total Budget
Costs
Date
c0
Date
Manager
status
G �
0
872,372
(Fed Grant)
5,990,000
(FMSIB)
M Street Underpass (Grade
2,630,509
Separation):
(TIB)
The purpose of this project is to grade
5,166,560
1,106,592
Q
'M'
Final pay in process. Waiting on
1
N
0
separate Street SE from the
(Street)
(King County)
22,474,007
22,474,007
100%
Dec -11
100%
Jun -14
Vondrak
Contractor to concur on final pay
CH2MHill
Scarsella
�
Burlington Northern Santa Fe Stampede
150,000
1,542,800
Brothers
Pass Rail line in Phase 1 and completion
(Water)
(Ports)
estimate amount.
of the Auburn Black Diamond Road
478,000
Bypass connection is a future phase.
(BNSF)
1,140,000
(RE ET2)
3,397,174
(PWTF)
West Valley Highway Preservation -
u+
N
15th NW to 37th NW:
458,605
560,000
2
N
This project will complete an overlay of
1,018,605
1,002,722
100%
Jul -13
100%
Jun -14
Wickstrom
Project Complete.
N/A
Icon
(Street)
(Federal)
WVH for the purpose of pavement
reservation.
Citywide Traffic Signal Improvements:
NThis
81,916
400,000
valley Electric
project will construct safety
3
N
481,916
472,889
100%
Oct -13
100%
Jun -14
Larson
Final pay in process.
N/A
of Mount
a.
�
improvements at a number of signals
(Street)
(Federal)
Vernon
throughout the City.
SCADA System Improvement -
Technology Upgrades
This project will upgrade the City's
2,814,399
SCADA system to meet Public Works
(Water)
goals. Budget and costs reflect
1,853,374
All sites have been converted.
4
5,529,323
5,470,379
100%
Nov -09
98%
Jul -14
Sweeting
Punchlist, documentation, and training
TSI
TSI
Ln cn
technology contract and
(Sewer)
design /construction engineering.
861,550
is underway.
Construction contract costs for the
(Storm)
physical site improvements are shown
separately.
Academy Booster Pump Station:
o
This project will update /replace the
5
o
o
existing pump station in the Academy
3,526,255
3,526,255
3,168,295
100%
Sep
97%
Jul -14
Vondrak
Work is underway.
Carollo
Rodarte
(Water)
Engineers
water service area in order to meet fire
flow demands.
Page 1 of 8
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Date: July 16, 2014
Page 2 of 8
Project Budget ($)
Design
Construction
,.
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Proi.
Street,
Total Estimated
aj
P E
Adv.
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Finish
Project
L
No.
No.
Location /Description
Utilities
Other
Total Budget
Costs
Date
c0
Date
Manager
status
G �
0
Lea Hill Safe Routes to Schools
Improvements:
398,500
N
This project will complete improvements
(Federal)
6
N
for safe walking routes to Hazelwood
34,000
2 1,59 7 (Police
454,097
447,600
100%
Jun -13
100%
Jul -14
Truong
Final pay in process.
N/A
Archer
(Street)
Elem., Lea Hill elem., and Rainer Middle
& ASD In Kind
School along 116th Ave. SE and SE 312
Services)
St.
D Street NE Utility Improvements:
300,000
42,200
1"
This project will complete storm, sewer,
(Water)
(430 Port)
7
N
water and street improvements related
567,944
162,203
1,840,847
1,840,847
100%
Aug -13
100%
Aug -14
Truong
Final pay in process.
N/A
Jennings
g
(Sewer)
(431 Port)
Northwest
to the Port of Seattle mitigation
171,29)
597,204
agreement on D Street NE.
(Storm)
(4332 2 Port)
2013 Sidewalk Repair Project:
-
This project will complete repair and
8
°m
N
replacement of existing sidewalks at
260,000
260,000
227,118
100%
Jan -14
100%
May -14
Carter
Project Complete.
N/A
Trinity
(328 Fund)
Contractors
various locations around Downtown and
Auburn High School.
SCADA System Improvement - Physical
420,420
Site Improvements:
(Water)
This project will complete security site
52,815
9
r4
improvements at various utility locations
544,425
544,425
100%
Mar -14
30%
Dec -14
Sweeting
Work underway.
TSI
RL Alia
throughout the City. Budget and cost
(Sewer)
numbers reflect construction contract
71,190
and contingency amounts only.
(Storm)
AWS and M Street SE Intersection
Improvements:
This project will complete improvements
at the intersection per Option 2 selected
c
Precon held on July 17th. Updated
10
c
N
by the Public Works Committee, which
530,000
517,500
1,047,500
1,047,500
100%
Jun -14
0%
Dec -14
Larson
project budget numbers to reflect TIB
N/A
Rodarte
0.
includes adding a right turn lane from
(Street)
(TIB)
contributing additional funds.
westbound Auburn Way S to M St SE
and re- aligning the intersection of 17th
St SE (on the north side of Auburn Way
S) to be perpendicular to Auburn Way S.
Page 2 of 8
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Project Budget ($)
Design
Construction
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Proi.
Street,
Total Estimated
aj
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Adv.
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Finish
Project
L
No.
No.
Location /Description
Utilities
Other
Total Budget
Costs
Date
c0
Date
Manager
status
G 0
c0
104th Street & 8th Street NE
Intersection Improvements:
c
This project will provide safety
11
N
improvements at the intersection of 8th
278,608
100,000
378,608
370,514
100%
Jun -14
Dec -14
Larson
Contract award in process.
N/A
(Street)
(Fed. Grant)
Street SE and 104th Avenue SE,
including signal modifications and sight
distance improvements.
Well 4 Improvements:
cai
This project will construct a new building
1,303,519
12
1,303,519
1,259,139
100%
Jul -14
Mar -15
Wickstrom
Contract documents being finalized.
RH2
u
to house a standby generator and
(Water)
disinfection equipment.
Sewer Pump Station Improvements
(Repair & Replacement Program):
This project will repair and modify
existing sanitary sewer pump station
Go
facilities located at: F St SE, R St NE,
13
N
N
22nd St NE, Rainer Ridge, Valley
955,000
955,000
955,000
97%
Aug -14
Jan -15
Truong
Finalization of contract documents
Jacobs / Norto
Meadows, 8th St NE, Area 19, North
(Sewer)
underway.
n Corrosion
taps, Peasley Ridge, Riverside, and
Terrace View to address access,
corrosion resistance, site security and
new generators where needed.
30th Street NE Storm Improvements:
Project advertisment canceled and
This project will replace the 30 -inch
N
storm drainage line along 30th Street NE
2,974,699
will be re- advertised at a later date to
14
N
2,974,699
2,822,299
100%
Aug -14
May -15
Truong
allow futher investigation of potential
otak
a.
from the north end of the Airport to the
(Storm)
Brannon Park Storm Pump Station to
design issues. Advertisement and
finish dates adjusted accordingly.
address localized flooding issues.
2011 Storm Pipeline Repair and
Replacement. Phase 2:
This project will construct storm
c
drainage improvements on Hi -Crest
15
N
Drive NW. The City is also designing and
377,740
377,740
411,195
55%
Sep -14
Mar -15
Vondrak
Design is underway.
N/A
(Storm)
constructing the relocation of a
Lakehaven Utility District (LUD)
Watermain that is in conflict with the
storm improvements, at LUD's expense.
Page 3 of 8
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Date: July 16, 2014
Page 4 of 8
Project Budget ($)
Design
Construction
,.
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aj
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Proi.
Street,
Total Estimated
P E
Adv.
'-p E
Finish
Project
L
No.
No.
Location /Description
Utilities
Other
Total Budget
Costs
Date
c0
Date
Manager
status
G 0
c0
Well 1 Improvements - Well
Replacement:
This project will rehabilitate or replace
Design is underway. Advertise and
16
N
S'
Well 1 so that it can function at full
2,476,568
2,476,568
2,400,000
91%
Aug -14
Apr -14
Vondrak
finish dates adjusted due to limited
Golder
a
(Water)
Associates
capacity and complete modifications to
staff resources.
the Howard Road Corrosion Control
Facilit .
2014 Citywide Pavement Patching and
Overlay Project: This project will
17
N
N
complete pavement patching and
173,000
2,774,100
3,014,700
94%
Jul -14
Dec -14
Carter
Design work is underway.
N/A
a.
overlay treatments on arterial, collector
(ICON)
and local roadways for the purpose of
pavement preservation through the City.
Valley AC Watermain Replacement:
N
This project will repair or replace
1,233,574
Design is underway. SEPA review
18
N
N
asbestos cement water lines along AWN,
1,233,574
1,208,722
60%
Sep -14
Apr -15
Truong
N/A
49th and B St NW and at the M &O /Parks
(Water)
underway.
Maintenance area.
BNSF Utility Crossings Project:
This project will address utility crossings
780,000
Go
of the BNSF right -of -way that will be
(Water)
°m
affected by the 3rd rail line that
320,000
19
N
a.
BNSF /Sound Transit plan to building in
(Sewer)
1,600,000
1,600,000
70%
Aug -14
Jan -15
Truong
Design work underway.
Parametrix
2015. The project will also replace a
500,000
storm drain pipe adjacent to the railroad
(Storm)
tracks at 37th Street.
Annual Traffic Signal Improvements:
This project includes procuring and
20
N
m
N
245,000
245,000
245,000
94%
Sep -14
Dec -14
Barba
Design work is underway. Change in
N/A
a.
installing traffic signal equipment
(328 Fund)
project managers.
upgrades for existing signals.
Lakeland Hills Reservoir Improvement:
This project will provide various
Ln
Consultant design work underway.
21
w
c
improvements at the reservoir, including
400,000
400,000
400,000
65%
Sep -14
Aug -15
Larson
Coordination with communications
Gray&
(Water)
Osborne
painting, seismic upgrades, and facility
companies underway.
modifications.
220,000
M &O Storm Drainage Improvements:
(Water)
This project will construct a new
N
999,400
22
N
detention and treatment system for
470,000
(Ecology
2,179,041
2,179,041
50%
Oct -14
Jun -15
Wickstrom
Consultant design work underway.
Brown &
(Sewer)
Caldwell
drainage at the M &O Facility and expand
Grant)
and improve the existing decant facility.
489,641
(Storm)
Page 4 of 8
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Date: July 16, 2014
Page 5 of 8
Project Budget ($)
Design
Construction
,.
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Proi.
Street,
Total Estimated
aj
P E
Adv.
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Finish
Project
L
No.
No.
Location /Description
Utilities
Other
Total Budget
Costs
Date
c0
Date
Manager
status
G 0
c0
277th - Auburn Way North to Green
River Bridge:
1,020,700
a
This project will complete the widening
(Federal)
Design is underway. Working on an
N
of S 277th from the intersection of
989,185
2,300,000
23
N
8,309,885
8,309,885
36%
Mar -15
Apr -16
Vondrak
agreement with Kent for 5277thSt
Parametrix
Auburn Way North to L Street NE,
(Street)
(Developer)
transfer of right -of -wayto Auburn.
including the construction of a
4,000,000
pedestrian trail and relocation of the
(TIB)
floodway along S 277th.
Fulmer Wellfield Improvements:
This project will be done in phases. The
first phase 1A will complete
investigation of the Fulmer Wellfield
c
area to determine the required analysis
533,294 (Phase
24
N
and drilling program needed to utilize
1,750,000
1,750,000
1) 1,030,358
85%
N/A
TBD
Fenhaus
Consultant design work is underway.
Golder
(Water)
Associates
the full water rights. Phase 1B will
(Phase 2)
complete a drilling and testing program
as well as an alternatives analysis.
Phase 2 will complete the physical
improvements.
37th St & B St NW BNSF Pre - Signal:
v
This project will complete improvements
25
0
N
to the rail crossing at 37th Street NW
76,900
307,550
384,450
384,450
65%
Sep -14
Dec -14
Sweeting
Final design underway. BNSF
KPG
and B Street NW to address safety
concerns.
(Street)
(Federal)
permitting in process.
Auburn Way South Pedestrian
Improvements - Dogwood to Fir Street:
This project will construct new
sidewalks, street lighting system,
740,830
Go
landscaped median island, a designated
219,782
(State)
Working with WSDOTto obtain
m id -block crosswalk, relocation of
(Street)
100,000
26
N
1,520,651
1,418,011
92%
Oct -14
Jun -15
Sweeting
approval for design changes
cHZMHiII
a
existing utility poles, and a u -turn at Fir
130,039
(Federal)
associated with MIT concerns.
Street. This project also includes a
(Water)
330,000
public education element for pedestrian
(MIT)
safety. This project is planned to be
constructed concurrent with project
CP1119.
Page 5 of 8
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Page 6 of 8
Project Budget ($)
Design
Construction
,.
i+
u
Proi.
Street,
Total Estimated
aj
P E
Adv.
y
'-p E
Finish
Project
L
No.
No.
Location /Description
Utilities
Other
Total Budget
Costs
Date
c0
Date
Manager
status
G 0
c0
Auburn Way South Corridor
Improvements - Fir St. SE to Hemlock
St. SE:
This project will widen AWS between Fir
200,849
and Hemlock Streets from 3 lanes to 5
(Street)
2,425,402
Working with W obtain
nges
approval for design ign changes
27
N
lanes and includes new sidewalks, street
13,853
(TIB)
3,517,005
3,484,703
92%
Oct -14
Jun -15
Sweeting
associated with MIT concerns. Right
CH2MHill
a
lighting system, bus pull -outs, and
(Water)
836,601
of way acquisition /relocation
improvement of the Hemlock St.
40,300
(MIT)
intersection to include u -turns and a
(Sewer)
underway.
new traffic signal. This project is planned
to be constructed concurrent with
project CP1118.
Auburn Way South & Riverwalk
Intersection Improvements:
Go
This project will construct improvements
Project is no longer on hold due to MIT
N
to the intersection of AWS and
2,333,108
coordination issues. Project manager
28
N
2,333,108
2,333,108
17%
Mar -15
Dec -16
TBD
CH2MMII
u
Riverwalk Drive and complete minor
(Federal)
to be assigned as vacant positions are
widening and add additional capacity
filled.
from the MIT Plaza signal to the
Dogwood signal.
AWS Flooding Phase 2:
This project will construct conveyance
1,638,000
N
improvements on 17th Street SE from A
(Storm)
N
Street SE to K Street SE and increase the
900,000
Project manager to be assigned as
29
N
2,898,000
2,805,300
35%
Mar -15
Dec -15
TBD
KPG
u
capacity of the existing detention pond
(Water)
vacant positions are filled.
located on A Street SE. The project will
360,000
also replace sewer and water facilities
(Sewer)
adjacent to the storm drain line.
SOS Program
2013 Local Street Reconstruction:
This project will complete the
reconstruction of the following local
650,000
roadways:
(Water)
c
N
23rd St SE - M to R St SE
26,416
1,791,214
30
a
H St NE - 4th to 8th
(Sewer)
(SOS)
2,493,664
2,273,288
100%
May -13
100%
Apr -14
Wickstrom
Project Complete.
Jacobs
Rodarte
5th St NE - H to Cul -de -sac
26,034
Park Ave - AWN to Park
(Consultant)
Also included in this project is the
replacement of waterline on V St SE,
from 2nd to 4th St SE.
Other SOS Projects:
CP1402, 2014 Citywide Pavement
176,100
176,100
Carter
For status see CP1402
Watching and Overlays.
2013 SOS Program Totals
2,493,6641
2,273,288
Page 6 of 8
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CAPITAL PROJECT STATUS REPORT
Date: July 16, 2014
Page 7 of 8
Project Budget ($)
Design
Construction
,.
i+
u
Proi.
Street,
Total Estimated
aj
P E
Adv.
y
'-p E
Finish
Project
L
No.
No.
Location /Description
Utilities
Other
Total Budget
Costs
Date
c0
Date
Manager
Status
p �
0
2014 Local Street Reconstruction
Project:
This project will complete the
250,000
rn
reconstruction of the following local
31
Mn
roadways:
(Water)
2,298,162
2,869,950
100%
Jun -14
Dec -14
Carter
Final pay in process.
Jacobs
TBD
500,000
K St NE - East Main to 4th St NE
(Sewer)
H St SE & 19th St SE - 21ST St SE to 17th
St SE
24th St SE - M St SE to R St SE
Other SOS Projects:
Local Street's have been selected and
CP1402, 2014 Citywide Pavement
176,083
176,083
Carter
reviewed by PWC, awaiting Arterial
Patching and Overlays.
street selection to begin design.
2014 SOS Program Totals
2,474,245
3,046,033
2013 & 2014 TOTAL SOS PROGRAM
4,967,909
5,319,321
CPSTOTALI
1
1 74,343,498
1 71,852,424
Page 7 of 8
OTHER PROJECTS - ACTION BY OTHER COMMITTEE
ate: July 16, 2014
!y
(Q
CD
N
CF)
O
h
W
0
d d
£ Adv. '0" £ Finish Staff
v Date U Date I Manager
100% IJun -141 20% 1 Dec -141 Andersen
100% Jun -14 0% Nov -14 Colemon/
Wickstrom
Status
Work is underway.
Contract award in process.
�
o
Total
y
Proj.
W o
v
Estimated
No.
No.
Location /Description
Costs
King County
Constructi
Fenster Levee Project:
King County
�o
This project will complete new levee
A
on
ent
1,265,000
Century West
0.
improvements on the Fenster Levee
along the Green River.
Airport Runway & Apron
N
Rehabilitation:
B
N
Asphalt and crack repair, application of
676,679
a slurry seal, and striping at the Auburn
Municipal Airport.
TOTAL OTHER PROJECTS
1,941,679
!y
(Q
CD
N
CF)
O
h
W
0
d d
£ Adv. '0" £ Finish Staff
v Date U Date I Manager
100% IJun -141 20% 1 Dec -141 Andersen
100% Jun -14 0% Nov -14 Colemon/
Wickstrom
Status
Work is underway.
Contract award in process.
�
o
y
r
W o
v
o
v
Design/
Constructi
King County
Constructi
on
King County
Managem
on
ent
Century West
Page 8 of 8
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'A U, B UR . N
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Significant Infrastructure Projects by Others - Public Works July 15, 2014
Status Report
Department:
Public Works
Attachments:
Re Rort
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember: Osborne
Meeting Date: July 21, 2014
Budget Impact:
$0
Staff: Gaub
Item r: DI.E
DI.E AUBURN * MORE THAN YOU IMAGINED Page 127 of 130
SIGNIFICANT INFRASTRUCTURE PROJECTS BY OTHERS - PUBLIC WORKS STATUS REPORT
p Date: July 14, 2014
Ti
Anticipated
Completion
Sponsor/
Permit(s)
Date Per
No_
Applicant
Location /Description
Length
Issued
Applicant
Status
Puget Sound
17th Street SE, K St SE to F St SE - Gas Main Replacement:
This project will replace the existing 2 -inch gas main along 17th
1
1345 Feet
Yes
Jul -14
Restoration in progress with only roadway paching remaining.
Energy
Street SE from K Street SE to F Street SE.
King County
Reddington Levee:
Late Summer
Contractor is in the process of restarting the remaining project
2
Flood Control
This project will replace the Reddington Levee from approximately
0.9 Miles
Yes
2014
work.
District
26th St NE to 43rd Street NE.
Auburn High School Replacement:
Work on the Phase 1 portion of the project has begun and is
This project will include roadway and utility improvements to support
N/A - Multiple
anticipated to be completed in 2015. Phase 2 construction
3
Auburn
the new Auburn High School. Improvements include modifications
Block
Yes
Summer 2015
which includes the permanent improvements along East Main
St including is
School District
to Storm, Water and Sanitary Sewer mainlines and roadway
Development
a pavement overlay and new channelization
improvements on Main Street and 4th Street NE.
scheduled to start in June and be completed by September
2014.
124th Ave SE Half Street Road Improvements:
Yarrow Bay
This project will complete half street roadway improvements on
Work is underway. Contractor has completed the roadway
5
124th Ave SE from SE 304th St. north to approximately SE 290th
3,800 Feet
Yes
Summer 2014
widening and utility work. Remaining work includes
Development
St. for the 3rd phase of the Verdana (Bridges) Plat development
landscaping, fence installation, and final punch list.
that is in Kent.
S 300th Street Half Street Road Improvements:
6
PNW Holdings
This project will complete half street roadway improvements on S
400 Feet
Yes
Fall 2014
Work is underway.
LLC.
300th Street from 58th Place S. to approximately 62nd Ave. S for
the Westrid a Plat development on the west hill.
Auburn Way South and M Street SE /Howard Road:
7
Puget Sound
This project will replace bare steel gas lines found during the
Unknown
Yes
Summer 2014
Work is underway. Limits are unknown until PSE
Energy
relocation efforts associated with the City's AWS and M Street
determines the length and location of the bare steel lines.
Intersection improvements.
Puget Sound
A Street SE - 23rd to 29th Street SE:
8
Energy
This project will replace steel gas lines.
1000 Feet
Yes
Summer 2014
Work is underway.
NOTE: Projects included on this list are those that have a broad public interest, significant impact to the public, involve interlocal agreements, and /or may include the installation of key
infrastructure by others (such as pump stations etc.)
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Agenda Subject:
Action Tracking Matrix
Department:
Public Works
Attachments:
Matrix
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember: Osborne
Meeting Date: July 21, 2014
AGENDA BILL APPROVAL FORM
Date:
July 16, 2014
Budget Impact:
$0
Staff: Gaub
Item r: DI.F
DI.F AUBURN * MORE THAN YOU IMAGINED Page 129 of 130
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