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Home My WebLink About07-14-2014 Item Submitted at Meeting (2)r r PCDC 7/14/14 5 III A. Res 4959 MILL CREEK WETLAND 5K ECOSYSTEM RESTORATION PROJECT Submitted by: Chris A. PROJECT PARTNERSHIP AGREEMENT ANNOTATED OUTLINE & SUMMARY The Mill Creek Wetland 5K Ecosystem Restoration Project is a partnership between the City of Aubum and the US Army Corps of Engineers ( USACE). The roles and responsibilities of the two parties are defined in a Project Partnership Agreement (PPA). An annotated outline of the PPA is provided below. Key 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, construction 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. • City is responsible for obtaining sufficient vested interest in properties to complete the project Article IV – Credit for LERRD • Land values based on appraisal conducted bya firm contracted bythe 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 Prepared by Maul Foster & Along!, Inc. Page 1 Updated July 14, 2014 Mill Creek Wetland 5k Ecosystem Restoration Project ( Approximately 6 , 000 Lineal Feet ) TO GREEN RIVER `�^� —— __— ---- - -------------- _ _. z t- - - - - —.— U ; W 7 — -- -------------- --=- -- - _— , STRUCTURE&ROUGHNESS AT POINT OF DIVERSION EXISTING MILL CREEK �. i •l CHANNEL 200'PROJECT` -�F�•,s �:' r—/'"`�"'� �:�'_ _ '� DENDRITE � F �`RESTORA lON CORRIDOR OVERFLOW. - t TYP. \-•�--mot - ` \ '�;�� -��'^•.i:_ + I _l.�._. 1. _ -.,. `.._i`..I '--- -' .� REFUGE AREAS c FOR JUVENILE TYPICAL CHANNEL SECTION SALMONIDS t� + #-,!� *' 4` ��• -x r i �_' •Y FROPOSED MILL CREEK CHANNEL FLOODPLAIN CHANNEL FLOW EXCHANGE FOOL ,r - —•�I ��—Zy --1 N � -.ti---" .�I i �T"��t' +; — I Tom+ —I&=v.i� ENLARGEMENT LEGEND: NT LEGEND: CONNECTION,TYP. PROPOSED FISH PASSAGE CULVERT LOCATION NEW DECIDUOUS -- ----- TREES WEST VALLEY HIGHWAY LA YEAR 2/3 PLANTINGS CONIFER EXISTING TREES TO REMAIN Note: Tree canopy depicted i represents 20 year anticipated growth 1/ J {.� a AN DEPARTMENT OF KING C-,��L[Ni� Y US Army Corps ECOLOGY O LO CO Y #* f l_001) CON I (��L NORTH AUBURN _ _ of Engineers "" , State of Washington _ _ D 1 T P�_ 1 C. f WAS t i I N(; 101',' King Conservation District Seattle District ,l 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 - Citys Projected Costs for Project Management - Citys Contribution to Design Agreement. • Payment by City is required 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 construction, 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 Prepared by Maul Foster & Along, Inc. Page 2 Updated July 14, 2014 r 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 par 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 parry. Prepared by Maul Foster & Alongi, Inc. Page 3 Updated July 14, 2014 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 maybe construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not parry 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 terns 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. 1962d -5b note), or other applicable law. Article XX— Section 902 Maximum Cost of Project 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 entire Green- Duwamish 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 Prepared by Maul Foster & Alongi, Inc. Page 4 Updated July 14, 2014