HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 10/18/2004 Agenda
Public Works Committee A g
® Councilmembers: Ron Harmon#Debbie RapleeuBruce White, Chair
KENT October 18, 2004
5:00 p.m.
Item Description Action Speaker Time Page
1. Approval of minutes dated October 4,2004 Yes none 5 1
2. Release of Waterline Easement—Authorize Yes Wickstrom 5 3
3. S. 212"`St.Pavement Rehabilitation - Yes Wickstrom 5 11
Accept as Complete
4. Project Cooperation Agreement with The Yes Wickstrom 5 13
Dept, of the Army—Authorize
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Unless other-visc noted,the Public Works Conmiittcc meets at 5:00 p.m. on the 1"&3rd Mondays of each month.
Council Chambers East,Kent City Hall,220 4th Avenue South,Dent,98032-5895.
For information please contact Public Works Adnunistration(253)856-5500.
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253)856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
P'\Pnblie\Administmtive Su ponVJaut I'oblic W.ks Cow[ilttee Mee[ingslPW AKendx's\041018.doo
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
Fax: 253-856-6500
KENT Address: 220 Fourth Avenue S.
W AC HI NGI.u.
Kent,WA.98032-5895
DATE: October 18,2004
TO: Public Works Committee
FROM: Don Wickstrom, Public Works Director
SUBJECT: Authorizing the Release of Waterline Easement
MOTION: Recommend the Council authorize the Mayor to execute the respective docunilel (s)
releasing any and all City rights in the waterline easement reflected in Exhibit A upon the
respective new waterline easements.
SUMMARY: j
Portions of the existing public watermains have been relocated to avoid conflicts with
the new building addition. The existing watermain easement needs to be removed and a new
watermain easement needs to be granted to the City. The new easement will fully encompass all j
the areas where the new watermain have been located.
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BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND:
Kent School District 415 acquired the Kent 6 Cinema building and property adjacent
to the Kent Meridian School. The School District constructed a building addition onto the
existing Cinema structure. The location of the new addition required the existing public
watermains(the 24 inch Clark Springs Transmission Main and 8 inch watermain)to be
relocated. The existing watermain have been relocated and the existing watermain easement as
shown in the Exhibit `A' needs to be released. Anew Watermain Easement has been prepared
by the City but has not be executed (waiting for the School District to sign), Once the School
District executes the new watermain easement, then the City can release portions of the existing
easement.
Mayor White and Kent City Council 1
5
AFTER RECORDING RETURN DOCUMENT TO li
Property Management
City of Kent
220 4th Avenue South
Kent,Washington 98032
Attention
Reference Number of Related Document.Pin 8105140343
Grantor(s) City of Kent
Grantee(s) Kent School District No 415
Abbreviated Legal Description Pin Lot'➢'Pacific Coast Realty S.P Auditors No 751t250560
Also,Pin Lot 3 Britt Smith Replat,Vol 102,pgs 36-37
Assessor's Tax Parcel No 7820500030
PROJECT NAME Kent Six Cinemas, Kiva#2032750
RELEASE OF DOCUMENT
The Grantor of this Instrument does hereby release that certain portion of waterline easement
recorded under King County AuduofaFile#$105140343 For andm the consideration of
mutual benefits derived and other valuable consideration,described as follows
Refer to Exhibits'A'&'B'attached and made a part hereto
Dated this_day of 20
Grantor Grantor
City of Kent City of Kent
Director of Public Works Property Manager
STATE OF WASHINGTON) III
)ss
COUNTY OF KING )
f,the undersigned,a Notary Public in and for the State of Washington,hereby certify that
on this_day of ,20.personally appeared before me Don Wickslrom,
DIRECTOR OF PUBLIC WORKS of the City of Kent, and Gerald B McCaughan, to me
known to be the PROPERTY MANAGER of the City of Kent in and who executed the
foregoing instrument and acknowledged that they signed and sealed the same as their free and
voluntary act and deed for the uses and purposes therem mentioned j
Print Name
Notary Public in and for the State of Washington,residing at
My appointment expires
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Release doe Page I of 1
7
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RELINQUISHMENT OF EASEMENT
Portion of Water Line Easement Rec. No. 8105140343
THE FOLLOWING PORTION OF THE EXISTING WATERLINE EASEMENT AS
RECORDED UNDER RECORDING NUMBER 8106140343 IS HEREBY RELEASED,
RELINQUISHED AND TERMINATED IN FAVOR OF NEW EASEMENTS TO BE
RECORDED
A PORTION OF THE EXISTING WATERLINE EASEMENT AS RECORDED UNDER
RECORDING NUMBER 8105140343 BEING A FIFTEEN FOOT WATER EASEMENT
HAVING SEVEN AND ONE HALF FEET(7 5') OF SUCH WIDTH ON EACH SIDE OF THE
CENTERLINE OVER, UNDER AND ACROSS A PORTION OF LOT"D" OF SHORT PLAT
NO SPC-75-11,ALSO CALLED PACIFIC COAST REALTY SHORT SUBDIVISION,AS
RECORDED UNDER AUDITOR'S FILE NO 7511250560,ALSO A PORTION OF LOT 3 OF
BRITT SMITH REPLAT AS RECORDED IN VOLUME 102 OF PLATS, PAGES 36 AND 37,
RECORDING NUMBER 7703230500,ALL BEING A PORTION OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20,TOWNSHIP 22 NORTH,
RANGE 5 EAST,W M , IN KING COUNTY, WASHINGTON, THE CENTERLINE IS
DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT"D",
THENCE, SOUTH 89-22-33"EAST ALONG THE NORTH LINE THEREOF 7 5 FEET,
THENCE, SOUTH 01-16'06"WEST, 15 00 FEET TO THE POINT OF BEGINNING,
THENCE, SOUTH 01.1 T06"WEST PARALLEL TO THE WEST LINE OF SAID LOT"D",
82 05 FEET,
THENCE, NORTH 89022'33"WEST, 17 81 FEET,
THENCE, SOUTH 01 028'13"WEST PARALLEL TO THE EAST LINE OF SAID LOT 3 OF
BRITT SMITH REPLAT, 207 04 FEET TO THE TERMINUS OF THE PORTION OF THE
EASEMENT TO BE RELINQUISHED
ALL AS SHOWN ON THE ATTACHED EXHIBIT MAP,WHICH BY THIS REFERENCE IS
MADE A PART HEREOF
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Penhallegon Associates
Consulting Engineers, Inc
750 6s'Street South '.
Kirkland,WA 98033
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EXHIBIT MAP ' 93t
RELINQUISHMENT of EASEMENT
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NW CORNER EXISTING 1
3D' WATER ESMT 1
pOB � LOT"0" Al 8105140343 1 {{
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ALL PARCEL BOUNDARY LINES ARE
BASED ON RECORD OF SURVEY IN
BOOK 156 AT PAGE 149 OF SURV -----`----`-"-- - -------
REC NO 20021125900013
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a �•� Engineering Planning Surveying
Penhallegon Associates Consulting Engineers, Inc
8 750 Sixth Street South Krrklond, WA 98033 www paceenVrs coin ;
PH (425) 527-2014 1-800-945-8405 FAX (425) 627-5043
• Kirkland Seeltfe Portland
SCALE 1"=100' FILE \2660-8inch-W-ESMT-Relmqulsh DATE 8/24/2004 BY JRD PROD NO 0266010
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500 '..
* Fax: 253-856-6500 '..
KE • _T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA.98032-5895
DATE: October 18, 2004
TO: Public Works Committee
FROM: Don Wickstrom, Public Works Director
SUBJECT: S. 212" Street Pavement Rehabilitation—Accept as Complete
MOTION: Recommend to full Council acceptance of the project as complete upon standard
releases from the state and release of any liens.
SUMMARY: Where construction contracts have exceeded 10% of the original bid amount the
Public Works Department has sought committee concurrence therewith prior to seeking Rill
council acceptance of said contract. This particular contract is 25% over or approximately
$86,200. As such the Public Works Department seeks Council acceptance of the project as {
complete.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
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BACKGROUND: This project consists of$387,098 of WSDOT Federal Funding with a
13.5% matching funds by the City in the amount of$86,000 for a total dollar amount of
$474,828 as budgeted by Public Works. Also additional mitigation funding of$60,650 was
provided by Wendy's and Boeing for improvements the City incorporated into the project as
attributed to mitigating the traffic impacts of these respective developments.
The original low bid for the construction of the project came in at $338,762.74 which was
$87,413,51 under the Engineer's Estimate. The City Street Department was originally scheduled
to do all roadway repairs prior to the City's contractor paving S. 212n' Street. In order to
maximize the use of the available federal funds the City opted to have the contractor do all
required roadway repairs which freed up Street Crew time and money to do other street
maintenance work. The additional repairs to S. 212rh Street were more than anticipated due to
the heavy traffic use along S. 212`h Street.
The total revised contract cost for this project is approximately $1,216.38 less then the
Engineer's estimate and $49,868.13 less then the budgeted amount for this project.
Mayor White and Dent City Counci l S.212t, Street Pavemom Rehab—Accept as Complete
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CIrY OF XENr
ENCGINE£RINCI DEPARrMENr
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CONS7-9ZUC7-ION PROJECT-FS71MAM ROUrINCi
PIZOJECr: S2X2T7YS1: P,4Yt"i1EiV7-1?E�f BILI7-IrIDN
CONr2ACT01'Z: WEs1l91V,4SPffWZ7; INC.
PAYMENT: P,4YESrTV,47T#2 -FIA14Z
AMOUNT: $48,220.42
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,®KENT CHANGE ORDER
WASHINGTON
Date: 10105104 Change Order No.: 2
City Project Name: SOUTH 212TH STREET PAVEMENT REHARILITATION
X Orderedb the Engineer under terms of Section 1-04.4 of the Project Specifications.
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X Change proposed by the Contractor.
Endorsed by: WESTERN ASPHALT,INC.
Contractor Finn Name
Signature:
Authorized Signature Date
DESCRIPTION OF WORK AND REASON FOR CHANGE ORDER
You are ordered to perform the following described work upon receipt of an approved copy of this
Change Order or previous written authorization describing the substance of this order:
2 #001 Adjust Manholes and Catch Basins. Cost for this work shall be 2 @$575.00 EA for
a total cost of$1,150.00.
Cost. '. ................................................................................$1,150.00
2 #002 Adjust Water Valve Box. Cost for this work shall be 16 @ $445.00 EA for a total
cost of$7,120.00.
Cost ...................................................................................$7,120.00
TOTAL CHANGE ORDER...................................... $8,270.00
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In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications,the
Contractor accepts all requirements of this change order by signing where indicated. Further, the
Contractor agrees to waive any protest or claim it may have regarding this change order and
acknowledges and accepts that this change order constitutes full payment and final settlement of all
it
claims of any kind or nature arising froln- or connected with any work either covered or of ected by
this change order,including,without limitation,claims related to contract time,onsite orhome office
overhead, or lost profits. The Contract change order, unless otherwise provided therein, does not
relieve the Contractor from strict compliance with the guarantee and warranty provisions of the
original contract,particularly those pertaining to substantial completion date.
CITY USE
Original Contract Current Contract Net Change
Amount: Amount: This Order:
$ 338,762.74 $389,495.13 $ 8,270.00
Estimated Contract Total
After Change Order:
$397,765.13
Original Contract Estimated Extension of Contract Total Extension of Contract
Time: Time Due to This Change Order: Time After This Change Order:
Days: Days: 2 Days: 2
Total Contract
Time:
Days:
r
Approval Recommended By: 7/4
Design Engineer Construction Manager
A proved 4
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Public Works Director Date
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
C ®r Fax: 253-856-6500 ',..
KT Address: 220 Fourth Avenue S.
WASHINGTGN
Kent,WA.98032-5895
DATE: October 11, 2004
TO: Public Works Committee
FROM: Don Wickstrom,Public Works Director
SUBJECT: Project Cooperation Agreement Between The Department of the Army and
The City of Kent for Construction of the Meridian Valley Creek Ecosystem
Restoration Project
MOTION: Recommend authorizing the Mayor to sign the Project Cooperation Agreement with
the Army Corps of Engineers for the construction of the Meridian Valley Creek Ecosystem
Restoration project.
SUMNIARY:
The City ofKent's total cash contribution required is projected to be $231,750.00 for the project.
The funds will be used by the U.S. Army Corps of Engineers for construction of the Meridian
Valley Creek Ecosystem Restoration Project. The City funds therefore presently exist within the
projects fund. The actual construction will not occur until the 2005 construction season.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND:
The project Cooperation Agreement will allow the U.S. Army Corps of Engineers to construct
the project and share 35% of total project costs from the City of Kent. This project will create a
new stream channel for a section of Meridian Valley Creek which runs through 850 feet of a
concrete flume along the south side of SE 256s' Street before entering into Big Soos Creels. The
new stream channel will be 1,150 feet in length with new native vegetative plantings and large
woody debris installed along the channel. An interpretive/maintenance trail with signage and a
lookout point will also be constructed. The existing concrete flume will be broken up and
removed or buried and the area will be backfilled. The City of Kent will use property values on
the project site as well as disposal costs for excavated material as part of its cash contribution.
The total project cost, excluding right of way, engineering and disposal is estimated to be
$1,065,000.
Mayor White and Kent City Council ] Project Cooperation Agreement
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DEPARTMENT OF THE ARMY
U S ARMY CORPS OF ENGINEERS
WASHINGTON.D C 20314.1000
REPLY TO
ATTENTION OF
CECW-NWD 30 September 2004
MEMORANDUM THRU,COMMANDER,NORTHWESTERN DIVISION
FOR COMMANDER, SEATTLE DISTRICT, ATTN CEN`WS-PM-CP (Mr Gilbrough)
SUBJECT Meudian Valley Creek,Kent,Washington-Project Cooperation Agreement
I '!he subject project cooperation agreement(PCA)was approved by the Assistant Secretary of
the Army (Civil Works)(ASA(CW))on 30 September,2004 Copies of the approval
memorandum(enclosure 1)and the approved PCA(enclosure 2)are enclosed Signature
authority is delegated to the Seattle District Commander References to ASA(CW)signing the
PCA in the first and last paragraph, and the signature block must be changed to reflect the
District Commander signing the PCA These changes have been made to the enclosed PCA
2 Under delegated signature authority, you must ensure that the PCA is signed by the sponsor as
approved by OASA(C W),I,wlthout deviation,not later than 21 calendar days after the date of this
memorandum The Seattle District should prepare a mimmum of four final PCA originals Upon
execution,the district should retain two copies of the executed PCA and the remaining executed
PCAs should be provided to the sponsor A photocopy of the executed PCA and an electronic
copy of the PCA should be forwarded to CEC W-NWD (Mr Andy Wu)not latei than 14 days
after execution
3 If any deviations to the approved PCA are required,prior to signature by the sponsors,the
district shall transmit a memorandum notifying CECW-NWD of the reasons for the deviations
and requesting approval of the deviations Only after receipt of written approval from CECW-
NWD,will the devistions,be incorporated into the approved PCA
4 If the 21-day suspense:will not be met,prior to signature of the PCA, the district will transient a
memorandum notifying CECWNWD of the reasons foi the slip or identifying changed conditions
and the recommended course of action Any questions should be directed to Andy Wu, 202-761-4616
FOR TTIE COMMANDER
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2 Encl EDWARD J HEC
�- Chief,NWD Regional Integration Team
Directorate of Civil Works
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PROJECT COOPERATION AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
THE CITY OF KENT, WASHINGTON
FOR CONSTRUCTION OF THE
MERIDIAN VALLEY CREEK ECOSYSTEM RESTORATION PROJECT
KENT, WASHINGTON
THIS AGREEMENT is entered into this day of
120 by and between the Department of the Army(hereinafter the
"Government"),represented by the Seattle District Commander,and the City of Kent j
(hereinafter the "Non-Federal Sponsor),represented by the Mayor of the City of Kent
WITNESSETH,THAT
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WHEREAS,construction of the Duwanush/Green Ecosystem Restoration Project at
King County,Washington(hereinafter the"Authorized Project")was authorized by Section
101(b)(26)of the Water Resources Development Act of 2000, Public Law 106-541,
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WHEREAS,the Government and the Non-Federal Sponsor desire to enter into a
Proj ect Cooperation Agreement for construction of a separate element of the Authorized
Project at Meridian Valley Creek(hereinafter the"Project",as defined in Article I A of this
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Agreement),
WHEREAS, Section 103 of the Water Resources Development Act of 1986,Public
Law 99-662,as amended, specifies the cost-sharing requirements applicable to the Project,
WHF,REAS,Section 221 of the Flood Control Act of 1970,Public Law 91-611,as
amended,and Section 103 of the Water Resources Development Act of 1986,Public Law
99-662,as amended,provide that the Secretary of the Army shall not commence
construction of any water resources project, or separable element thereof, until each
non-Federal sponsor has entered into a written agreement to furnish its required cooperation
for the project or separable element,
WHEREAS,Section 902 of Public Law 99-662 establishes the maximum amount of
costs for the Authorized Project and sets forth procedures for adjusting such maximum
amount,
WHEREAS, Section 4 of the Flood Control Act of 1944,Public Law 78-534, as
amended, the Federal Water Project Recreation Act of 1965, Public Law 89-72, and
Section 103(c)(4)of the Water Resources Development Act of 1986,Public Law 99-662,
give authority to include recreation as a project purpose and specify the cost sharing
requirements applicable to recreation features, and
Final Meridian Valley Creek PCA I
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WHEREAS, the Government and Non-Federal Sponsor have the full authority and
capability to perform as hereinafter set forth and intend to cooperate m cost-sharing and
financing of the construction of the Project in accordance with the terms of tlus Agreement
NOW,THEREFORE,the Government and the Non-Federal Sponsor agree as
follows
ARTICLE I-DEFINITIONS AND GENERAL PROVISIONS
For purposes of this Agreement
A The term"Project"shall mean the construction of ecosystem restoration and
recreation features at Meridian Valley Creek as generally described in the final report of
the Chief of Engineers dated December 29,2000, and"Green/Duwamrsh River Basin
Ecosystem Restoration Study, Final Feasibility Report,"dated October 2000, and
approved by the District Engineer,U S.Army Corps of Engineers, Seattle District on
October 30, 2000, and forwarded to the Division Commander on November 2, 2000
B The term"total project costs"shall mean 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 continuing planning and engineering costs
incurred after October 1, 1985, advanced engineering and design costs,preconstruction
engineering and design costs, engineering and design costs during construction,the costs of
investigations to identify the existence and extent of hazardous substances in accordance
with Article XV A of this Agreement, the costs of monitonng of the Proj ect as defined in
paragraph O of this Article, the costs of adaptive management as defined in paragraph P
of this Article, the costs of historic preservation activities in accordance with Article
XVIiI A of this Agreement, actual construction costs,including the costs of alteration,
lowering,raising,or replacement and attendant removal of existing railroad bridges and
approaches thereto, super-vision and admuustration costs, costs of participation in the Project
Coordination Team in accordance with Article V of this Agreement, costs of contract
dispute settlements or awards,the value of lands, casements,rights-of-way,relocations,and
suitable borrow and dredged or excavated material disposal areas for which the Government
affords credit in accordance with Article IV of this Agreement, and costs of audit in
accordance with Article X of this Agreement The term does not include any costs for
Operation,maintenance,repair,replacement, or rehabilitation, any costs due to betterments,
or any costs of dispute resolution under Article VII of this Agreement
C The term "ecosystem restoration features"shall include fish blockage removals,
side channel construction and/or enbancement,levee modification, riparian revegetation,
stream and river rehabilitation,large woody debris placement, side channel reconnection,
tidal habitat construction, landslide rehabilitation, gravel replenishment, and system-wide
plantings,or any combination thereof
Final Meridian Valley Creek PCA 2
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D The term "total project ecosystem restoration costs" shall mean that portion of
the total project costs that the Government assigns to the ecosystem restoration features
E The term"recreation features"shall mean a trail, outlook, and signage located
on project lands
F The term"total project recreation costs"shall mean that portion of the total
project costs that the Government assigns to recreation features
G The term"financial obligation for construction" shall mean a financial obligation
of the Government,other than an obligation pertaining to the provision of lands, easements,
nghts-of-way,relocations, and borrow and dredged or excavated material disposal areas,
that results or would result in a cost that is or would be included in total project costs
H The tern "non-Federal proportionate share" shall mean the ratio of the Non-
Federal Sponsor's total cash contribution required in accordance with Articles II D and
HE of this Agreement to total financial obligations for construction,as projected by the
Goverment
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I The term"period of construction"shall mean the time from the date the
Goverment first notifies the Non-Federal Sponsor in writing,in accordance with Article
VI B of this Agreement, of the scheduled date for issuance of the solicitation for the fast
construction contract to the date that the U S.Army Engineer for the Seattle District
(hereinafter the"District Engineer")notifies the Non-Federal Sponsor in writing of the
Government's determination that construction of the Project is complete
J The term"highway" shall mean any public highway, roadway,street,or way,
including any bridge thereof,
K The tern"relocation"shall mean providing a functionally equivalent facility to the
owner of an existing utility,cemetery,highway or other public facihty,or railroad
(excluding existing railroad bridges and approaches thereto)when such action is authorized
in accordance with applicable legal principles of just compensation or as otherwise provided
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 removal of the affected facility or part thereof
L The terns"fiscal year"shall mean one fiscal year of the Goverment The
Government fiscal year begins on October 1 and ends on September 30
M. The term"functional portion of the Project" shall mean a portion of the Project
that is suitable for tender to the Non-Federal Sponsor to operate and maintain in advance of
completion of the entire Project For aportion of the Project to be suitable for tender,the
District Engineer must notify the Non Federal Sponsor in writing of the Government's
determination that the portion of the Project is complete and can function independently and
for a useful purpose, although the balance of the Project is not complete
Final Meridian Valley Creek)?CA 3
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N The term "betterment" shall mean a change in the design and construction of an element
of the Project resulting from the application of standards that the Government determines
exceed those that the Government would otherwise apply for accomplishing the design and
construction of that element
0 The term"monitoring" shall mean monitoring of the Project during years 2 and
5 of the 5-year period following constniction of the Project, in order to assure that the
ecosystem restoration features continue to function properly after construction This term
shall include,but is not necessarily limited to. monitoring the success of
vegetation/habitat establishment in the Project area, and monitoring the restored aquatic
resources associated with the Project, and monitoring fish and wildlife resources
associated with the restored habitats Monitoring results shall be compared to success
criteria identified for the Project so as to determine if adaptive management measures are
necessary As of the effective date of this Agreement,the costs of the monitoring are
projected to be$60,000,00
P The term"adaptive management"shall mean changes made to the Project based
on monitoring results and deemed necessary to obtain the environmental restoration
objectives Adaptive management may include adjustments for unforeseen circumstances
and changes to structures or their operations or management techniques and shall be
undertaken if the Government, after consultation with the Non-Federal Sponsor,
determines adjustments are necessary to obtain the Project objectives As of the effective
date of this Agreement,the costs of adaptive management are projected to be$40,000 00
ARTICLE 11- OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL
SPONSOR
A The Government,subject to receiving funds appropnated by the Congress of the
United States(hereinafter,the"Congress")and using those funds and funds provided by the
Non-Federal Sponsor, shall expeditiously construct the Project(including alteration,
lowering,raising,or replacement and attendant removal of existing railroad bridges and
approaches thereto), applying those procedures usually applied to Federal projects,pursuant
to Federal laws,regulations, and policies
1 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,pnor to the Government's issuance of such solicitations The Govemment
shall not issue the solicitation for the first construction contract until the Non-Federal
Sponsor has confirmed in writing its willingness to proceed with the Project To the extent
possible,the Government shall afford the Non-Federal Sponsor the opportunity to review
and comment on all contract modifications,including change orders,prior to the issuance to
the contractor of a Notice to Proceed In any instance where providing the Non-Federal
Sponsor with notification of a contract modification or change order is not possible prior to
issuance of the Notice to Proceed,the Government shall provide such notification in writing
at the earliest date possible To the extent possible,the Government also shall afford the
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Final Meridian Valley Creek PCA 4
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Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to
resolution thereof The Government shall consider m good faith the comments of the Non-
Federal Sponsor,but the contents of solicitations, award of contracts, execution of contract
modifications,issuance of change orders,resolution of contract claims, and performance of
all work on the Project(whether the work is performed under contract or by Government
personnel), shall be exclusively within the control of the Government
2 Throughout the period of construction,the District Engineer shall furnish
the Non-Federal Sponsor with a copy of the Government's Written Notice of Acceptance of
Completed Work for each contract for the Project
3 Notwithstanding paragraph A 1 of this Article,if,upon the award of any
contract for construction of the Project,cumulative financial obligations for construction
would exceed$1,000,000 00,the Government and the Non-Federal Sponsor agree to defer
award of that contract and all subsequent contracts for construction of the Project until such
time as the Government and the Non-Federal Sponsor agree to proceed with further contract
awards for the Project,but in no event shall the award of contracts be deferred for more than
three years Notwithstanding this general provision for deferral of contract awards, the
Government, after consultation with the Non-Federal Sponsor,may award a contract or
contracts after the Assistant Secretary of the Army(Civil Works)makes a written
determination that the award of such contract or contracts must proceed in order to comply
with law or to protect life or property from imminent and substantial harm
4 As of the effective date of this Agreement, $386,000 00 of Federal
funds are currently projected to be available for the Project This amount is less than the
Federal share of the projected total Project costs and the Government makes no
commitment to budget for the balance of the Federal share of total Project costs
Notwithstanding any other provision of this Agreement, the Government's financial
participation in the Project is limited to this amount together with any additional fiuids
that the Congress may provide for the Project. In the event that the Congress does not
provide additional funds sufficient to complete implementation of the Project, the
Government,within the funds available for the Project, shall terminate implementation of
the Project in a manner necessary to provide for the safety of the public and the integrity
of the completed work To provide for this eventuality, the Government may reserve a
portion of the total Federal funds available for the Project and an equal portion,in
percent, of the total funds contributed by the Non-Federal Sponsor pursuant to Articles
II D and II E of this Agreement as a contingency to pay the costs of termination,
including any costs of contract claims and contract modifications
B The Non-Federal Sponsor may request the Government to accomplish
betterments Such requests shall be in writing and shall describe the betterments requested
to be accomplished If the Government in its sole discretion elects to accomplish the
requested betterments 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 hi 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
Final Meridian Valley Creek PCA 5
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due to the requested betterments and shall pay all such costs in accordance with Article
VI C. of this Agreement
C. When the Distnct Engineer determines that the entire Project is complete or that
a portion of the Project has become a functional portion of the Project, the District Engineer
shall so nottfy the Non-Federal Sponsor in writing and furnish the Non-Federal Sponsor
with an Operation,Maintenance,Repair,Replacement,and Rehabilitation Manual
(hereinafter the "OMRR&R Manual") and with copies of all of the Government's Written
Notices of Acceptance of Completed Work for all contracts for the Project or the functional
portion of the Project that have not been provided previously Upon such notification,the
Non-Federal Sponsor shall operate,maintain,repair,replace,and rehabilitate the entire
Project or the functional portion of the Project in accordance with Article VIII of this
Agreement
D. The Non-Federal Sponsor shall contribute of 35 percent of total project
ecosystem restoration 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,rights-of-way, and suitable borrow and dredged
or excavated material disposal areas that the Government determines the Non-Federal
Sponsor must provide for the construction,operation, and maintenance of the ecosystem
restoration features, and shall perform or ensure performance of all relocations that the
Government determines to be necessary for the construction,operation,and maintenance of
the ecosystem restoration features
2 If the Government projects that the value of the Non-Federal Sponsor's
contributions under paragraph D 1 of this Article and Articles V,X, and XV A of this
Agreement,assigned to total ecosystem restoration costs,will be less than 35 percent of total
ecosystem restoration costs,the Non-Federal Sponsor shall provide an additional cash
contribution,in accordance with Article VI B.of this Agreement,in the amount necessary to
make the Non-Federal Sponsor's total contribution equal to 35 percent of total ecosystem
restoration costs
3 If the Government determines that the value of the Non-Federal Sponsor's
contributions provided under paragraphs D 1. and D.2, of this Article and Articles V,X,
XV.A,XVIILA, and XVIILC of this Agreement, assigned to total ecosystem restoration
costs,has exceeded 35 percent of total ecosystem restoration costs,the Government,
subject to the availability of funds, shall reimburse the Non-Federal Sponsor for any such
value in excess of 35 percent of total ecosystem restoration costs After such a
determination,the Government,in its sole discretion,may provide any remaining ecosystem
restoration feature lands,casements,nghts-of-way, and suitable borrow and dredged or
excavated material disposal areas and perform any remaining ecosystem restoration feature
relocations on behalf of the Non-Federal Sponsor for ecosystem restoration
E The Non-Federal Sponsor shall contribute a minimum of 50 percent of total
project recreation costs in accordance with the provisions of this paragraph
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1 In accordance with Article III of this Agreement, the Non-Federal
Sponsor shall provide all lands, easements,rights-of-way, and suitable borrow and
dredged or excavated material disposal areas that the Government determines the Non-
Federal Sponsor must provide for the construction,operation, and maintenance of the
recreation features, and shall perform or ensure performance of all relocations that the
Government determines to be necessary for the construction operation and maintenance
of the recreation features j
2. If the Government projects that the value of the Non-Federal Sponsor's
contributions under E 1, of this Article and Articles V,X, and XV A of this Agreement,
assigned to total project recreation costs, will be less than 50 percent of total recreation
costs,the Non-Federal Sponsor shall provide an additional cash contribution, in
accordance with Article VI B of this Agreement,in the amount necessary to make the
Non-Federal Sponsor's total contribution equal to 50 percent of total project recreation
I
costs
3 If the Government determines that any cash contributed by the Non-
Federal Sponsor tinder E 2, of this Article,when added to the value of the Non-Federal
Sponsor's contributions under E 1 of this Article and Articles V,X and XV A of this
Agreement, exceeds 50 percent of total project recreation costs, the Government shall,
subject to the availability of funds,refund to the Non-Federal Sponsor the portion of any
such cash that,when added to the value of the Non-Federal Sponsor's contributions tinder
E 1 of this Article and Articles V,X and XV A of this Agreement,exceeds 50 percent of
total project recreation costs However,the Government shall not reimburse the Non-
Federal Sponsor for the value of the Non-Federal Sponsor's contributions under E 1 of
this Article and Articles V,X and XV A of this Agreement that exceed 50 percent of
total project recreation costs r
4 Notwithstanding any other provisions of this paragraph, the
Government's share of total project recreation costs shall not exceed 10 percent of the
Government's share of total project ecosystem restoration costs The Non-Federal
Sponsor shall be responsible for all total recreation costs above such 10 percent limit I
F The Non-Federal Sponsor may request the Govemment to provide lands,
easements,nghts-of-way,and suitable borrow and dredged or excavated material disposal
areas or perform relocations on behalf of the Non-Federal Sponsor Such requests shall be
in writing and shall describe the services requested to be performed If in its sole discretion
the Goverment elects to perform the requested services or any portion thereof,it shall so
notify the Non-Fcderal 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 Nan-Federal Sponsor
shall be solely responsible for all costs of the requested services and shall pay all such costs
in accordance with Article VI C of this Agreement Notwithstanding the provision of lands,
easements,rights-of-way, and suitable borrow and dredged or excavated material disposal
areas or performance of relocations by the Government,the Non-Federal Sponsor shall be
Final Meridian Valley Creek PCA. 7 ','
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responsible, as between the Government and the Non-Federal Sponsor,for the costs of
cleanup and response in accordance with Article XV C of this Agreement
G The Government,in accordance with Federal laws,regulations, and policies,
shall assign all costs included in total project costs to either total project ecosystem
restoration costs or total project recreation costs
H The Government shall perform a final accounting in accordance with Article
VI D of tlus Agreement to determine the contributions provided by the Non-Federal
Sponsor in accordance with paragraphs B ,D,E and F of tlus Article and Articles V,X,
and XV A of this Agreement and to determine whether the Non-Federal Sponsor has met
its obligations under paragraphs B,D,E and F,of this Article
I The Non-Federal Sponsor shall not use Federal funds to meet the Non-Federal
Sponsor's share of total project costs under this Agreement unless the Federal granting
agency verifies in writing that the expenditure of such funds is expressly authorized by
statute
J The Non-Federal Sponsor shall prevent future recreation features from
significantly impacting or interfering with the intended functions of the Prof act
K The Non-Federal Sponsor shall provide and maintain access roads,parking
areas, and other public use facilities in accordance with all applicable Federal and State
laws and regulations, including Section 601 of the Civil Rights Act of 1964,Public Law
88-352, and Department of Defense Directive 5500 11 issued pursuant thereto, as well as
Army Regulation 600-7 entitled, "Nondiscrimination on the Basis of handicap in
Programs and Activities Assisted or Conducted by the Department of the Army"
ARTICLE III-LANDS,RELOCATIONS,DISPOSAL AREAS,AND
PUBLIC LAW 91-646 COMPLIANCE
A The Government,after consultation with the Non-Federal Sponsor,shall
determine the lands, easements, and rights-of-way required for the construction,operation,
and maintenance of the Project,including those required for relocations, borrow materials,
and dredged or excavated material disposal. 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 lauds, easements,and nghts-of-way Prior
to the end of the period of construction,the Non-Federal Sponsor shall acquire all lands,
easements, and rights-of-way set forth in such descriptions Furthermore,prior to issuance
of the solicitation for each construction contract,the Non-Federal Sponsor shall provide the
Government with authorization for entry to all lands, easements,and rights-of-way the
Government determines the Non-Federal Sponsor must provide for that contract For so
long as the Project remains authorized,the Non-Federal Sponsor shall ensure that lands,
Final Mendian Valley Creek PCA 8 1
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easements, and rights-of-way that the Government determines to be required for the
operation and maintenance of 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
I
B The Government, after consultation with the Non-Federal Sponsor,shall
determine the improvements required on lands,easements, and rights-of-way to enable the
proper disposal of dredged or excavated material associated with the construction, operation,
and maintenance of the Project The Government shall delineate which of the
improvements are required for the ecosystem restoration features and which are required
for the recreation features Such improvements may include,but are not necessarily
limited to,retaining dikes,wasteweirs,bulkheads, embankments,monitoring features,
stilling basins, and de-wafering pumps and pipes The Govemment m a timely manner shall
provide the Non-Federal Sponsor with general written descriptions 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 written notice to proceed with
construction of such improvements Prior to the end of the period of construction,the Non-
Federal Sponsor shall provide all improvements set forth in such descnptons Furthermore,
prior to issuance of the solicitation for each Government construction contract,the Non-
Federal Sponsor shall prepare plans and specifications for all improvements the Government
determines to be required for the proper 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
C The Government, after consultation with the Non-Federal Sponsor,shall
determine the relocations necessary for the construction,operation, and maintenance of the
Project,including those necessary to enable the removal of borrow materials and the proper
disposal of dredged or excavated material The Government shall delineate which of the
necessary relocations are required for the ecosystem restoration features and which are
required for the recreation features 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 Pnor to the end of the period of construction,the
Non-Federal Sponsor shall perform or ensure the performance of all relocations as set forth
in such descriptions Furthermore,prior to issuance of the solicitation for each Government
construction contract,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 contract
D The Non-Foderal 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 paragraphs A,B , or C of this Article Upon receipt of
such documents the Government,in accordance with Article IV of this Agreement and in a
timely manner, shall determine the value of such contribution,include such value in total
Final Mondian Valley Creek PCA 9
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project costs, and afford credit for such value toward the Non-Federal Sponsor's share of
total project costs
E 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 by Title IV of the Surface Transportation and Uniform Relocation
Assistance Act of 1987(Public Law 100-17), and the Uniform Regulations contained in 49
C.F.R.Part 24,in acquiring lands, easements, and rights-of-way required for the
construction,operation, and mamtenance of the Project,including those necessary for
relocations,borrow materials,and dredged or excavated material disposal, and shall inform
all affected persons of applicable benefits,policies,and procedures in connection with said
Act
ARTICLE IV- CREDIT FOR VALUE OF LANDS,RELOCATIONS, AND
DISPOSAL AREAS
A The Non-Federal Sponsor shall receive credit toward its share of total project
ecosystem restoration costs and,if applicable,total project recreation costs for the value of
the lands, easements,rights-of-way,and suitable borrow and dredged or excavated material
disposal areas that the Non-Federal Sponsor must provide pursuant to Article III of this
Agreement,and for the value of the relocations that the Non-Federal Sponsor must perform
or for which it must ensure performance pursuant to Article III of this Agreement for
ecosystem restoration features The Non-Federal Sponsor also shall receive credit toward
its share of total project recreation costs for the value of lands, easements, rights-of-way,
and suitable borrow and dredged or excavated material disposal areas that the Non-
Federal sponsor may be required to provide pursuant to Article E of this Agreement, and
for the value of the relocations that the Non-Federal Sponsor may be required to perform
or for which it may be required to ensure performance pursuant to Article II of this
Agreement for the recreation features However,the Non-Federal Sponsor shall not
receive credit for the value of any lands,easements,rights-of-way,relocations,or borrow
and dredged or excavated material disposal areas that have been provided previously as an
item of cooperation for another Federal project The Non-Federal Sponsor also shall not
receive credit for the value of lands,easements, rights-of-way,relocations,or borrow and
dredged or excavated material disposal areas to the extent that such items are provided using
Federal funds unless the Federal granting agency verifies in writing that such credit is
expressly authorized by statute
B For the sole purpose of affording credit in accordance with this Agreement,the
value of lands,easements,and rights-of-way,including those necessary for relocations,
borrow materials,and dredged or excavated material disposal,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
Final Meridian Valley Creek PCA 10
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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 B 3 of
this Article,the fair market value of lands,easements, or rights-of-way shall be determined
in accordance with paragraph B 2 a of this Article,unless thereafter a different amount is
determined to represent fair market value in accordance with paragraph B 2 b of this
Article
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 appraisal must be prepared m accordance with the
applicable rules oflust compensation,as specified by the Goverment The fair market
value shall be the amount set forth in the Non-Federal Sponsors 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 Sponsors 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, or the Non-Federal Sponsor
i
chooses not to obtain a second appraisal, the Government shall obtain an appraisal, and the
fair market value shall be the amount set forth in the GovernmenCs 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
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
ii
B.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 B 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 B 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 shall,prior to instituting such proceedings,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 days after receipt of such a notice and appraisal within which to
review the appraisal,if not previously approved by the Government in writing
Final Mendian Valley Creek PCA. 11
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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
domamproceeding
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 oflust
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 oflust 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 sub-paragraph B 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 the 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 nghts-of-way acquired by the
Non-Federal Sponsor within a five-year period precedmg the effective date of this
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 costs Such incidental costs shall
include,but not necessarily be lnnited to,closing and title costs, appraisal costs,survey
costs, attorneys fees,plat maps,and mapping costs, as well as the actual amounts expended
for payment of any Public Law 91-646 relocation assistance benefits provided in accordance
with Article III E of this Agreement
C 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 arelocation other than a highway,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
Final Mendian Valley Creek PCA 12
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2 For a relocation of a highway,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 necessanlybe limited to,actual
costs of perfomung the relocation,planning,engineering and design costs,supervision and
administration costs, and documented incidental costs associated with performance of the
relocation,but shall not include any costs 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 costs
4 Any credit afforded for the value of relocations performed within the
Project boundaries is subject to satisfactory compliance with applicable Federal labor
laws covering non-Federal construction,including,but not hunted to,40 US 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)) Crediting may be withlield, in
whole or in part, as a result of the Non-Federal Sponsor's failure to comply with its
obligations under these laws
D The value of the improvements made to lands, easements, and nghts-of-way for
the proper 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,allocabihty,and allowability of 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
ARTICLE V-PROJECT COORDINATION TEAM
A To provide for consistent and effective communication,the Non-Federal Sponsor
and the Government,not later than 30 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 the period 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
Final Meridian Valley Creek PCA 13
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C Until the end of the period of construction,the Project Coordination Team shall
generally oversee the Project, including issues related to design, 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; the
Government's cost projections,final inspection of the entire Project or functional portions of
the Project,requirements of the monitoring; implementation of any adaptive management
changes,preparation of the proposed OMRR&R Manual;anticipated requirements and
needed capabilities for performance of operation,maintenance,repair,replacement,and
rehabilitation of the Project; and other related matters This oversight shall be consistent
with a proj ect management plan developed by the Government after consultation with the
Non-Federal Sponsor
D The Project Coordination Team may make recommendations that it deems
warranted to the District Engineer on matters that the Project Coordination Team generally
oversees,mcludmg 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,reject,or modify the Project Coordination Team's
recommendations
E. The costs of participation in the Project Coordination Team shall be included
in total project costs and cost shared in accordance with the provisions of this Agreement
ARTICLE Vl-METHOD OF PAYMENT
A The Government shall maintain current records of contributions provided by the
parties and current projections of total project costs and costs due to betterments At least
quarterly,the Government shall provide the Non-Federal Sponsor with a report setting forth
all contributions provided to date and the current projections of total project costs,total
project ecosystem restoration costs, total project recreation costs,and total costs due to
betterments,of the maximum amount of total project costs determined in accordance with
Article XIX of this Agreement, of the components of total project costs, of each party's
share of total project costs,of the Non-Federal Sponsor's total cash contributions required in
accordance with Articles II B , II D,11 E and II F of this Agreement, and of the non-
Fedcral proportionate share On the effective date of this Agreement,total project costs are
projected to be$1,065,000 00,total ecosystem restoration costs are estimated to be
$1,055,000 00, total project recreation costs are estimated to be $10,000 00, the Non-
Federal Sponsor's cash contribution required under Article 1I D of this Agreement is
projected to be S226,750 00, and the Non-Federal Sponsor's cash contribution required
Final Meridian Valley Creek PCA 14
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under Article ILE, of this Agreement is projected to be$5,000 00 Such amounts are
estunates subject to adjustment by the Goverment and are not to be construed as the total
financial responsibilities of the Government and the Non-Federal Sponsor.
B The Non-Federal Sponsor shall provide the cash contribution required under
Articles II D,II.E and B F of this Agreement in accordance with the following provisions
of this paragraph Not less than 30 calendar days prior to the scheduled date for issuance of
the solicitation for the first construction contract,the Government shall notify the Non-
Federal Sponsor in writing of such scheduled date and the funds the Goverment determines
to be required from the Non-Federal Sponsor to meet its projected cash contribution under
Articles II D.,II E and II F of this Agreement. Not later than such scheduled date,the
Non-Federal Sponsor shall provide the Government with the full amount of the 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 the required funds in an escrow or other account acceptable to the
Government, with interest accruing to the Non-Federal Sponsor,or presenting the
Government with an irrevocable letter of credit acceptable to the Government for the
required funds, or providing an Electronic Funds Transfer of the required funds in
accordance with procedures established by the Government. The Government shall draw
from the funds provided by the Non-Federal Sponsor such sums as the Government deems
necessary to cover (a)the non-Federal proportionate share of financial obligations for
construction incurred prior to the commencement of the period of construction,and(b)the
non-Federal proportionate share of financial obligations for construction as they are incurred
during the period of construction In the event the Government determines that the Non-
Federal Sponsor must provide additional fiords to meet the Non-Federal Sponsor's cash
contribution,the Government shall notify the Non-Federal Sponsor in writing of the
additional funds required Within 60 calendar days thereafter,the Non-Federal Sponsor
shall provide the Government with the full amount of the additional required funds
through any of the payment mechamsms specified above
C In advance of the Government incurring any financial obligation associated with
additional work under Article II B or II F. of this.Agreement,the Non-Federal Sponsor shall
provide the Government with the full amount of the funds required to pay for such
additional work through any of the payment mechanisms specified in Article VI B of this
Agreement The Government shall draw from the funds provided by the Non-Federal
Sponsor such sums as the Government deems necessary to cover the Govemmenfs financial
obligations for such additional work as they are incurred In the event the Government
determines that the Non-Federal Sponsor must provide additional finds to meet its cash
contribution,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 thereafter,the Non-Federal Sponsor shall provide the Government
with the full amount of the additional required funds through any of the payment
mechanisms specified in Article VI B of this Agreement
D Upon completion of the Projector termination of this Agreement,and upon
resolution of all relevant claims and appeals,the Government shall conduct a final
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accounting and furnish the Non-Federal Sponsor with the results of the final accounting
The final accounting shalt determine total project costs,total project ecosystem restoration
costs, total project recreation costs,each party's contribution provided thereto,and each
party's required share thereof The final accounting also shall determine costs due to
betterments and the Non-Federal Sponsor's cash contribution provided pursuant to Article
II B and BY of this Agreement
1 In the event the final accounting shows that the total contribution provided
by the Non-Federal Sponsor is less than its required share of total ecosystem restoration
costs and total project recreation costs plus costs due to any betterments provided in
accordance with Article II B of this Agreement, the Non-Federal Sponsor shall,no later
than 90 calendar days after receipt of written notice,make a cash payment to the
Government of whatever sum is required to meet the Non-Federal Sponsor's required share
of total project costs plus costs due to any betterments provided in accordance with Article
11.13 of this Agreement by delivering a check payable to"FAO,USAED,SEATTLE
DISTRICT,"to the District Engineer or providing an Electronic Funds Transfer in
accordance with procedures established by the Government
2 In the event the final accounting shows that the total contribution
provided by the Non-Federal Sponsor exceeds its required share of total project ecosystem
restoration costs and total project recreation costs plus costs due to any betterments
provided in accordance with Article If B of this Agreement,the Government shall, subject
to the availability of funds,refund the excess to the Non Federal Sponsor no later than 90
calendar days alter the final accounting is complete in accordance with the terms of this
Agreement In the event existing funds are not available to refund the excess to the Non-
Federal Sponsor, the Gowmment shall seek such appropriations as are necessary to make
the refund.
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ARTICLE VII-DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this j
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 The parties shall each pay 50 percent 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
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ARTICLE VIII- OPERATION,MAINTENANCE,REPAIR, REPLACEMENT,
AND REHABILITATION (OMRR&R)
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A Upon notification in accordance with Article 11 C of this Agreement and for so
long as the Project remains authorized,the Non-Federal Sponsor shall operate,maintain,
repair,replace,and rehabilitate the entire Project or the functional portion of the Project, at
no cost to the Government, 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 OM RR&R Manual
and any subsequent amendments thereto
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
owns or controls for access to the Project for the purpose of inspection and,if necessary,for
the purpose of completing,operating,maintaining,repairing,replacing,or rehabilitating 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 notice,the Non-Federal Sponsor continues to fail to perform,then the
Government shall have the right to enter,at reasonable tunes and in a reasonable manner,
upon property that the Non-Federal Sponsor owns or controls for access to the Project for
thePin purpose of completing,operating,maintaining,repairing,replacing, or rehabilitating the
Project No completion,operation,maintenance,repair,replacement,or rehabilitation by
the Government shall operate to 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 -INDEMNIFICATION
Subject to the provisions of Article XX of this Agreement,the Non-Federal Sponsor
shall hold and save the Government free from all damages ansing from the construction,
operation,maintenance,repair,replacement, and rehabilitation of the Project and any
Project-related 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,and 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 Admumstrative
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, and other evidence in accordance with these procedures
and for a minimum of three years after the period of constriction and resolution of all
relevant claims ansing therefrom To the extent permitted under applicable Federal laws
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and regulations,the Goverimient and the Non-Federal Sponsor shall each allow the other to
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mspect such books, documents,records, and other evidence
B Pursuant to 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.Sections 7501-7507,
as implemented by Office of Management and Budget(OMB)Circular No A-133 and
Department of Defense Directive 760010 Upon request of the Non-Federal Sponsor and to
the extent permitted under applicable Federal laws and regulations,the Government shall
provide to the Non-Federal Sponsor and independent auditors any mformation necessary to
enable an audit of the Non-Federal Spons&s activities under this Agreement 'rho costs of
anynon-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 cost shared in accordance
with the provisions of this Agreement
C In accordance with 31 U.S.0 Section 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 cost shared in accordance with the provisions of tlus Agreement
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ARTICLE XI-FEDERAL AND STATE LAWS
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In the exercise of their respective rights and obligations under this Agreement, the
Non-Federal Sponsor and the Government agree to 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 2000d)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.0 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 US 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 mdependent capacity, and neither
is to be considered the officer,agent,or employee of the other
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B Lithe 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 such other party may have to seek relief or redress
against such contractor either pursuant to any cause of action that such other party may have
or for violation of any law
ARTICLE XIII-OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress,nor any resident commissioner, shall be
admitted to any share or part of this Agreement,or to any benefit that may arise therefrom
ARTICLE XIV-TERMINATION OR SUSPENSION
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A If at any time the Non-Federal Sponsor fails to fulfill its obligations under Article
II.B,II D,II E,II F,VI,or XV➢I C of this Agreement,the Assistant Secretary of the
Army(Civil Works) shall terminate this Agreement or suspend future performance under
this Agreement unless he 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 If the Government fails to receive annual appropriations in amounts sufficient to
meet Project expenditures for the then-current or upcoming fiscal year, the Government
shall so notify the Non-Federal Sponsor in writing,and 60 calendar days thereafter either
party may elect without penalty to terminate tins Agreement or to suspend future
performance under this Agreement In the event that either party elects to suspend future
performance under this Agreement pursuant to this paragraph,such suspension shall remain
in effect until such tune as the Government receives sufficient appropriations or until either
the Government or the Non-Federal Sponsor elects to terminate this Agreement
C In the event that either party elects to terminate this Agreement pursuant to this
Article or Article XV of this Agreement,both parties shall conclude their activities relating
to the Project and proceed to a final accounting in accordance with Article VI D of this
Agreement
D Any termination of this Agreement or suspension of future performance under
this Agreement in accordance with this Article or Article XV of this Agreement shall not
relieve the parties of liability for any obligation previously incurred Any delinquent
payment 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
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ARTICLE XV-HAZARDOUS SUBSTANCES
A After execution of this Agreement and upon direction by the District Engineer,
the Non-Federal Sponsor shall perform,or cause to be performed,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 Sections 9601-9675,that may exist in,on,or under lands,
casements,and nghts-of-way that the Government determines,pursuant to Article TIT of this
Agreement, to be required for the construction, operation, and maintenance of the Project
However, for lands 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
wntten direction All actual costs incurred by the Non-Federal Sponsor for such
investigations for hazardous substances shall be included in total project costs and cost
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 allowabihty of costs
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 the construction,operation, and maintenance of the
Project,the Non-Federal Sponsor and the Government 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 both parties agree that the Non-Federal Sponsor should proceed
C The Government and the Non-Federal Sponsor shall deterrime whether to
initiate construction of the Project, or,if already in construction,whether to continue with
work on 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 taus Agreement,to be
required for the construction,operation,and maintenance of the Project Should the
Government and the Non-Federal Sponsor determine to initiate or continue with
construction 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 clean-up and response,to include 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 fails to
provide any funds necessary to pay for clean up and response costs or to otherwise discharge
the Non-Federal Sponsor's responsibilities under this paragraph upon direction by the
Government,the Government may,in its sole discretion, either terminate this Agreement for
Final Mendian Valley Creek PCA 20
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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 anse 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,replace,and rehabilitate the Project in a manner that will not cause liability to arse
under CERCLA
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ARTICLE XVI-NOTICES J
A Any notice,request,demand,or other commumcation required or permitted to be
given under this Agreement shall be deemed to have been duly given if in writing and either
delivered personally or by telegram or mailed by first-class,registered,or certified mail, as
follows
If to the Non-Federal Sponsor
I
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Public Works Department
City of Kent
220 Fourth Avenue S
Kent,WA 98032-5895
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 commumcations 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
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ARTICLE XVII- 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 XVIII-HISTORIC PRESERVATION
A The costs of identification,survey and evaluation of historic properties shall be
included in total project costs and cost shared in accordance with the provisions of this
Agreement
B As specified in Section 7(a)of Public Law 93-291 (16 U S C Section 469c(a)),
the costs of archeological data recovery activities associated with lustone 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 for the
Authorized Project
C The Government shall not incur costs for mitigation and data recovery that
exceed the statutory one percent limit specified in paragraph B of this Article unless and
until the Assistant Secretary of the Army(Civil Works)has waived that limit(and the
Secretary of the hitenor has concurred in the waiver)in accordance with Section 208(3)of
Public Law 96-515 (16 U S.0 Section 469c-2(3)) Any costs ofmingation and data
recovery that exceed the one percent limit shall not be included in total project costs,but
shall be cost shared between the Non-Federal Sponsor and the Government in accordance
with the terms of this Agreement
ARTICLE XIX- SECTION 902 PROJECT COST LIMITS
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A. 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 total project costs for the Authorized Project, of which the Project is a
separable element On the effective date of this Agreement,the maximum total project
costs for the Authorized Project are estimated to be$153,715,320,as calculated in
accordance with Appendix G of Engineer Regulation 1105-2-100,using October 1, 2003
price levels, and including allowances for projected future mflation The Government shall
adjust such maximum total project costs for the Authorized Project, in accordance with said
Section 902,when necessary
B Notwithstanding any other provision of this Agreement,the Government shall
not incur a new financial obligation or expenditure for the Project, or include in total project
costs for the Project any additional contribution provided by the Non-Federal Sponsor,if
Final Meridian Valley Creek PCA 22i
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such obligation, expenditure or additional contribution would cause the sum of total project
costs for the Project and the cumulative total project costs for all other separable elements
of the Authorized Project, to exceed the maximum total project costs for the Authorized
Project,established in accordance with said Section 902, unless otherwise authorized by
law
ARTICLE XX- OBLIGATIONS OF FUTURE APPROPRIATIONS
A Nothing herein shall constitute,nor be deemed to constitute, an obligation of
future appropriations by the City of Kent of the State of Washington,where creating such
an obligation would be inconsistent with R C,W 35A 33 120, the Constitution of the
State of Washington, or the Kent City Code.
B The Non-Federal Sponsor intends to satisfy its obligations under this
Agreement The Non-Federal Sponsor shall include in its budget request or otherwise
propose, for each fiscal period, appropriations sufficient to cover the Non-Federal
Sponsor's obligations under this Agreement for each biennium,and will use all
reasonable and lawful means to secure the appropriations for that biennium sufficient to
make the payments necessary to fulfill its obligations hereunder The Non-Federal
Sponsor reasonably believes that funds in amounts sufficient to discharge these
obligations can and will lawfully be appropriated and made available for this purpose In
the event the budget or other means of appropriations does not provide funds in sufficient
amounts to discharge these obligations,the Non-Federal Sponsor shall use its best efforts
to satisfy any requirements for payments under this Agreement from any other source of
funds legally available for this purpose, Further,if the Non-Federal Sponsor is unable to
satisfy its obligations hereunder,the Government may exercise any legal rights it has to
protect the Government's interests related to this Agreement
IN WITNESS WHEREOF,the parties hereto have executed this Agreement,which j
shall become effective upon the date it is signed by the Seattle Distnet Commander
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DEPARTMENT OF THE ARMY KENT,WASHINGTON
BY BY
Colonel Debra M. Lewis Jim White I
Commander Mayor
Seattle District City of Kent
DATE DATE
Final Meridian Valley Creek PCA 23
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CERTIFICATE OF AUTHORITY
1,Arthur Fitzpatrick,Deputy City Attorney,do hereby certify that I am the principal
legal officer of the City of Kent,Washington,that the City of Kent,Washington is a legally
constituted public body with full authority and legal capability to perform the temps of the
Agreement between the Department of the Army and the City of Kent in connection with
the Meridian Valley Creek Ecosystem Restoration Project, and to pay damages in
accordance with the temps of this Agreement,if necessary,in the event of the failure to
perform, as required by Section 221 of Public Law 91-611 (42 U S C Section 1962d-5b),
and that the persons who have executed this Agreement on behalf of the City of Kent have
acted within their statutory authority
IN WITNESS WHEREOF,I have made and executed this certification this
day of 20_
Arthur Fitzpatrick
Deputy City Attorney
Final Mendian Valley Creek PCA 24
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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
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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 unposed by Section 1352, Title
31,U S Code 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
IfENT,WASHINGTON
Jim White,Mayor
DATE
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