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SWP272149(4)
r` CAG-94-083 STATE Washington WATERSHED East Side Green River AGREEMENT NO. 68-0546-4-060 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE PROJECT AGREEMENT THIS AGREEMENT, made this _1` day of 1994 by and between the City of Renton, the Contracting Local 6rganization, hereinafter referred to as the CLO; and the Soil Conservation Service, United States Department of Agriculture, hereinafter referred to as SCS . WITNESSETH THAT: WHEREAS , under the provisions of the Watershed Protection and Flood Prevention Act, the Sponsors and SCS agreed to a plan for the above watershed that provides for the installation of certain works of improvement; NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the CLO and SCS do hereby agree as follows : A. It is agreed that the following described work, for construction of the P-1 Channel , Sta 670+76 to Sta 680+26 . 37 (SW 16th Street to Grady Way) , will be provided at an estimated cost of $ 631 , 500 . 00 . 1 . Excavate channel , 2 . Provide fish habitat components and vegetate works of improvement, 3 . Construct concrete wingwalls, 4 . Construct gabion wall , 5 . Install Oakesdale Avenue SW underpass underdrain protection system. B . The Contracting Local Organization will : 1 . Provide for all costs of constructing the works of improvement described in section A. l . thru A. 5 . , except for the SCS contribution described in C. 1 . ✓2 . Appoint a Contracting Officer and an authorized representative who shall have authority to act for the Contracting Officer, listing their duties , responsibilities, and authorities . Furnish such information in writing to the SCS State Administrative Officer. y ry Page 2 of 7 pages 3 . Be responsible for all administrative expenses necessary to arrange for and carry out the works of improvement described in Section A. These administrative matters include but shall not be limited to facilities , clerical expenses , and legal counsel , including the fees of such attorneys deemed necessary by SCS to resolve any legal matters . �4 . Issue an Invitation for Bids , which is to contain SCS requirements including form SCS-AS-43 , drawings and specifications , and CLO requirements when concurred in by the State Administrative Officer. f5 . Receive, protect, and open bids . Determine the lowest qualified bidder, and with written concurrence of the State Administrative Officer, make award. 46 . Secure written concurrence of the State Administrative Officer before approving the contractor ' s proposed workweek and time of day during which the work will be performed, and before approving any changes in the approved workweek and time of day during which work will be performed. 47 . Secure concurrence of the Government Representative before approving the construction schedule . 48 . Secure written concurrence of the State Administrative Officer before approving the performance and payment bonds . 49 . Secure written concurrence of the State Administrative Officer before approving subcontractors . 410 . Secure written concurrence of the State Administrative Officer before issuing the notice to proceed. 11 . Secure written concurrence of the State Administrative Officer before approving a waiver or an adaption of any of the safety provisions . 12 . Secure written concurrence of the State Administrative Officer before giving consent for the contractor to (a ) assign the contract in whole or in part, (b ) assign any monies due or to become due under the contract, or ( c) subcontract any part of the work. 13 . Secure written concurrence of the State Administrative Officer before modifying the contract and SCS concurrence before issuing suspend and resume work orders ; modify the contract and issue suspend and resume work orders when recommended by SCS . Page 3 of 7 pages 14 . Secure written concurrence of the State Administrative Officer before waiving the requirement for any material certification. 15 . Pay the contractor as provided in the contract. Submit the billings to SCS on Form SF-270 . 16 . Dispose of all claims resulting from the contract; secure prior written concurrence of the State Administrative Officer when SCS funds are involved. 17 . Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the contract awarded under this agreement . This includes , but is not limited to disputes , claims, protests of award, source evaluation, and litigation that may result from the project. Such actions will be at the expense of the CLO, including any legal expenses . The CLO will advise, consult with, and obtain prior written concurrence of SCS on any such matters in which SCS could have a financial interest. 18 . Hold and save SCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by the CLO under this agreement or resulting from the work provided for in this agreement . 19 . Take necessary legal action, including bringing suit, to collect from the contractor any monies due in connection with the contract , or upon request of SCS , assign and transfer to SCS any or all claims , demands ,and causes of action of every kind whatsoever which the CLO has against the contractor or his or her sureties . 20. Secure written concurrence of the State Administrative Officer before terminating the contract or the contractor' s right to proceed under the contract, and declaring the contractor in default, and take such actions when requested to do so by the State Administrative Officer . 21 . Arrange for and conduct final inspection of completed works of improvement with SCS to determine whether all work has been performed in accordance with contractual requirements . Secure written concurrence of the State Administrative Officer before notifying the contractor of the acceptance of the job . 22 . Upon completion and acceptance of all work, when provided by the terms of the contract, obtain a written release from the contractor of all claims against the CLO arising by virtue of the contract, other than claims in stated amounts as may be specifically excepted by the contractor . Page 4 of 7 pages 23 . Retain all records dealing with the award and administration of the contract for 3 years from the date of the CLO' s submission of the final request for reimbursement or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3-year period, the records are to be retained until the litigation is resolved or the end of the 3-year period whichever is longer . Make such records available to the Comptroller General of the United States or his duly authorized representative and accredited representatives of the Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts , and transcriptions . 24 . Accept all financial and other responsibilities for excess costs resulting from their failure to obtain, or their delay in obtaining adequate land and water rights , permits, and licenses needed for the works of improvement described in Section A. 25 . If applicable, complete the attached "Clean Air and Water Certification" , comply with the attached "Clean Air and Water Clause" and other certifications set forth in the Attachment A, Special Provisions , which is attached to and made part of this agreement . 26 . Comply with Federal Executive Order 11246 , which is made part of this agreement by reference : comply with the non-discrimination provisions of the Equal Opportunity Clause and the Notice to Contracting Local Organizations of Requirement for Certifications of Nonsegregated Facilities clause, Attachment B, Special Provisions , which is attached to and made part of this agreement . C. SCS will : 1 . Provide the percentage of the cost of constructing the works of improvement described in Section A. l . through A. 4 , and as shown in Attachment C, Estimated Cost Breakdown ( Schedules A and B) . This cost to SCS is estimated at $ 475 , 000 . 00 2 . Provide authorized assistance such as cost estimates , performance time estimates , results of tests and studies as available, site investigations , design and layout, drawings and specifications . 3 . Consult with the CLO in preparing the invitation for bids and awarding and administering the contract. 4 . Provide the services of a Government Representative (GR) , and provide in writing to the CLO a list of the GR' s duties and responsibilities . 5 . Provide the services of Government inspectors , as necessary. Page 5 of 7 pages 6 . Make payment to the CLO covering SCS ' s share of the cost upon receipt and approval of Form SF-270 withholding the amount of damages sustained by SCS as provided for in this agreement . D . It is mutually agreed that: 1 . This agreement shall become null and void 90 calendar days after the date SCS has executed this agreement if a contract has not been awarded. 2 . The State Administrative Officer may make adjustments in the estimated cost to SCS set forth in C. 1 . for constructing the work. Such adjustments may increase or decrease the amount of estimated funds which are related to differences between such estimated cost and the amount of the awarded contract or to changes , changed conditions , quantity variations , or other actions taken under the provisions of the contract . No adjustment is to change the cost sharing assistance to be provided by the SCS as set forth in C. l . nor reduce funds below the amount required to carry out SCS ' s share of the contract. 3 . The contract for constructing the work described in Section A will not be awarded to the Sponsors , the CLO, or member of firms in which any official of such organizations or any member of such official ' s immediate family has direct or indirect interest in the pecuniary profits or contracts of such firm. 4 . In the event of default by the contractor, any additional funds required to assure completion of the work will be provided in the same ratio as funds are contributed by the parties under the terms of this agreement. Any excess costs including interest collected from the defaulting contractor will be prorated between the CLO and SCS in the same ratio as construction funds are contributed under the terms of the agreement . 5 . Additional funds including interest properly allocable as construction costs as determined by SCS , required as a result of a decision of the Contracting Officer or a court judgment in favor of the contractor will be provided in the same ratio as construction funds are contributed under the terms of this agreement . SCS will not be obligated to contribute any funds under an agreement or commitment made by the CLO without the prior concurrence of SCS . 6 . SCS may terminate this agreement in whole or in part when it is determined by SCS that the CLO has failed to comply with any of the conditions of this agreement . SCS shall promptly notify the CLO in writing of the determination and reasons for the termination, together with the effective date . Payments made by or recoveries made by SCS under this termination shall be in accord with the legal rights and liabilities of SCS and the CLO. Page 6 of 7 pages 7 . This agreement may be temporarily suspended by SCS if it determines that corrective action by the CLO is needed to meet the provisions of this agreement . Further, SCS may suspend this agreement when it is evident that a termination is pending. 8 . SCS , at its sole discretion, may refuse to cost share should the CLO, in administering the contract, elect to proceed without obtaining concurrence as set out in Section B of this agreement . 9 . No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 10 . The furnishing of the administrative and technical services by SCS as set out in C. 2 . through C . 5 . is contingent on the continuing availability of appropriations by the Congress from which payment may be made and shall not obligate SCS if the Congress fails to so appropriate . 11 . Final payment will not be made by SCS until all work under Item A has been completed. 12 . This program will be conducted in compliance with the nondiscrimination provisions as contained in Title VI and VII of the Civil Rights Act of 1964 as amended, the Civil Rights Restoration Act of 1987 ( Public Law 100-259 ) and other nondiscrimination statutes ; namely Section 504 of the Rehabilitation Act of 1973 , Title IX of the education Amendments of 1972 , the Age Discrimination Act of 1975 , and in accordance with the regulations of the Secretatry of Agriculture ( 7CFR-15 , Subparts A & B) which provide that no person in the United States shall , on the grounds of race, color, national origin, age, sex, religion, marital status , or handicap/disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial and/or technical assistance from the Department of Agriculture or any agency thereof. Page 7 of 7 pages CITY OF RENT ON BY: This action authorized at an official meeting of the City of Renton, on TITLE:— Mayor the day of 19 at DATE : ton, State W shington. ATTEST. ( Signatu Marilyn J. et rsen, City Clerk Approved to Law nce J . Warr , City Attorney UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE B Y: TITLE : DATE : gct f ATTACHMENT A - SPECIAL PROVISIONS I. DRUG-FREE WORKPLACE CERTIFICATION II. CERTIFICATION REGARDING LOBBYING III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS IV. CLEAN AIR AND WATER CERTIFICATION V. ASSURANCES AND COMPLIANCE VI . EXAMINATION OF RECORDS D-21 ATTACHMENT A - SPECIAL PROVISIONS The signatories agree to comply with the following special provisions which are hereby attached to this agreement. I. Drug Free Workplace By signing this agreement, the sponsors are providing the certification set out below. If it is later determined that the sponsors knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the Service, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812 ) and as further defined by regulation (21 CFR 1308. 11 through 1308 . 15 ) ; Conviction means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes ; Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacturing, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee ' s payroll. This definition does not include workers not on the payroll of the grantee (e.g. , volunteers, even if used to meet a matching requirements; consultants or independent contractors not on the grantees ' payroll; or employees of subrecipients or subcontractors in covered workplaces ) . Certification: A. The sponsors certify that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement -notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee ' s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about-- ( 1 ) The danger of drug abuse in the workplace; (2 ) The grantee ' s policy of maintaining a drug-free workplace; ( 3 ) Any available drug counseling, rehabilitation, and employee assistance programs; and ( 4 ) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a) ; (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- ( 1 ) Abide by the terms of the statement; and ( 2 ) Notifying the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such a conviction; (e) Notifying the Service in writing, within ten calendar days after receiving notice under paragraph (d) (2 ) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices . Notice shall include the identification number(s ) of each affected grant; ( f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d) ( 2 ) , with respect to any employee who is so convicted -- ( 1 ) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 , as amended; or ( 2 ) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a) , (b) , (c) , (d) , (e) and (f) . (h) Agencies shall keep the original of all disclosure reports in the official files of the agency. B. The sponsors may provide a list of the site(s) for the performance of work done in connection with a specific project or other agreement. II. Certification Regarding Lobbying (7 CFR 3018) (Applicable if this agreement exceeds $100,000) - The Sponsors certify to the best of their knowledge and belief, that: ( 1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the sponsors, to any person for influencing or attempting to influence an officer or employee of an agency, Member of Congress, and officer or employer of Congress , or 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 sponsors shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants , loans, and cooperative agreements ) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 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. III. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions, (7 CFR 3017 ) ( 1 ) The sponsors certify to the best of its knowledge and belief, that it and its principals : (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph ( 1 ) (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal has one or more public transactions (Federal, State or local) terminated for cause or default. ( 2 ) Where the primary sponsor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. IV. Clean Air and Water Certification (Applicable if this agreement exceed $100, 000, or a facility to be used has been the subject of a conviction under the Clean Air Act ( 42 U.S .C. 1857c-8 (c) ( 1 ) or the Federal Water Pollution Control Act ( 33 U.S .C. 1319 (c) ) and is listed by EPA, or is not otherwise exempt. ) The project sponsoring organization(s ) signatory to this agreement certifies as follows : (a) Any facility to be utilized in the perform of this proposed agreement is , is not _, listed on the Environmental Protection Agency List of Violating Facilities . 1; (b) To promptly notify the State Administrative Officer prior to the signing of this agreement by SCS, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of the agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c) , in every nonexempt subagreement. CLEAN AIR AND WATER CLAUSE (Applicable only if the agreement exceeds $100, 000, or' a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8 (c) (1 ) or the Federal Water Pollution Control Act (33 U.S.C. ( 1319 (c) ) and is listed by EPA or the agreement is not otherwise exempt. ) A. The project sponsoring organization(s ) signatory to this agreement agrees as follows: ( 1 ) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857 , et seq. , as amended by Public Law 91-604 ) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq. , as amended by Public Law 92-500 ) , respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the signing of this agreement by SCS. (2 ) That no portion of the work required by this agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this agreement was signed by SCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3 ) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4 ) To insert the substance of the provisions of this clause in any nonexempt subagreement, including this subparagraph A. (4 ) . B. The terms used in this clause have the following meanings : ( 1 ) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq. , as amended by Public Law 91-604) . (2 ) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq. , as amended by Public " Law 92-500) . (3 ) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d.) of the Clean Air Act (42 U.S.C. 1857c-5 (d) ) , and approved implementation procedure or plan under section 111 (c) or section 111 (d) , respectively, of the Air Act (42 U.S.C. 1857c-6 (c) or (d) ) , or an approved implementation procedure under section 112 (d) of the Air Act (42 U.S.C. 1857c-7 (d) ) . (4 ) The term "clean water standards" means any enforceable limitation, control, condition, prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342 ) , or by a local government to ensure compliance with pertreatment regulations as required by section 307 of the Water Act (3 U.S.C. 1317 ) . ( 5 ) The term "compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with the scheduled or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or any air or water pollution control issued pursuant thereto. ( 6 ) The term "facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations , owned leased, or supervised by a sponsor, to be utilized in the performance of an agreement or subagreement. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collocated in one geographical area. V. Assurances and Compliance As a condition of the grant or cooperative agreement, the recipient assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws , regulations , Executive Orders and other generally applicable requirements , including those set out in 7 CFR 3015, 3016, 3017 and 3018 which >f) hereby are incorporated in this agreement by reference, and such other statutory provisions as are specifically set forth herein. VI. Examination of Records Give the Service or the Comptroller General, through any authorized representative, access to and the right to examine all records , books , papers , or documents related to this agreement. Retain all records related to this agreement for a period of three years after completion of the terms of this agreement in accordance with the applicable OMB Circular. ATTACHMENT B - SPECIAL PROVISIONS CONSTRUCTION EQUAL OPPORTUNITY The Contracting Local Organization agrees to incorporated, or cause to be incorporated, into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR, Chapter 60, which is paid for, in whole or in part, with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following Equal Opportunity (Federally Assisted Construction) clause: EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION) During the performance of this contract, the Contractor agrees as follows : 1 . The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity (Federally Assisted Construction) clause. 2 . The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. D-29 3 . The Contractor will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers ' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4 . The Contractor will comply with all provisions of Executive Order No. 11246 of September 24 , 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5 . The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24 , 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders . 6 . In the event of the Contractor' s noncompliance with the Equal Opportunity (Federally Assisted Construction) clause of this contract or with any of the said rules , regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24 , 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24 , 1965, or by rule, regulation, or order of the Secretary of Labor, or as provided by law. 7 . The Contractor will include this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order unless exempted by the rules , regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24 , 1965, so that such provisions will be binding upon each. subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States . D-30 The Contracting Local Organization further agrees that it will be bound by the above Equal Opportunity (Federally Assisted Construction) clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, however, that if the Contracting Local Organization so participating is a State or local government, the above Equal Opportunity (Federally Assisted Construction) clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Contracting Local Organization agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the Equal Opportunity (Federally Assisted Construction) clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency ' s primary responsibility for securing compliance. The Contracting Local Organization further agrees that it will refrain from entering into any contractor contract modification subject to Executive Order No. 11246 of September 24 , 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the Equal Opportunity (Federally Assisted Construction) clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Contracting Local Organization agrees that if it fails or refuses to comply with these undertakings the administering agency may take any or all of the following actions : Cancel , terminate, or suspend, in whole or in part, this grant; refrain from extending any further assistance to the Contracting Local Organization under the program with respect to which its failure or :refusal occurred until satisfactory assurance of future compliance :has been received from such Contracting Local Organization; and refer the case to the Department of Justice for appropriate legal proceedings . D-31 NOTICE TO CONTRACTING LOCAL ORGANIZATIONS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) A Certification of Nonsegregated Facilities must be submitted by the Contracting Logan Organization prior to any agreement for Federal financial assistance where the Contracting Local Organization will itself perform a federally assisted construction contract exceeding $10, 000 which is not exempt from the provisions of the Equal Opportunity clause. (b) The Contracting Local Organization shall notify prospective federally assisted construction contractors of the Certification of Nonsegregated Facilities required, as follows : NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS (a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10 , 000 which is not exempt from the provisions of the Equal Opportunity clause. (b) Contractors receiving federally assisted construction contract awards exceeding $10, 000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10, 000 and are not exempt from the provisions of the Equal Opportunity clause. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10, 000 which is not exempt from the provisions of the Equal Opportunity clause. (b) Contractors receiving subcontract awards exceeding $10 , 000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10, 000 and are not exempt from the provisions of the Equal Opportunity clause. D-32 ESTIMATED COST BREAKDOWN Attachment EAST SIDE GREEN RIVER C P-1 CHANNEL STA.670+76-680+26.37 ITEM TOTAL % % NO. ITEM QUANTITY UNIT UNIT PRICE AMOUNT RENTON SCS SCHEDULE A 1. Mobilization 1 Job L.S. $39,709.14 $39,709.14 27.01/o 73.0% 2. Clearing and Grubbing 1 Job L.S. $5,000.00 $5,000.00 0.0% 100.00/0 3. Structure Removal 1 Job L.S. $5,000.00 $5,000.00 0.0% 100.0% 4. Pollution Control 1 Job L.S. $10,000.00 $10,000.00 27.0% 73.0% 5. Grass Seeding 1.8 Acre $1,000.00 $1,800.00 0.0% 100.00/0 6. Removal of Water 1 Job L.S. $130,000.00 $130,000.00 20.0% 80.0% 7. Exc.,P-1 Channel,Common 9873.3 C.Y. $5.50 $54,303.15 0.00/0 100.0% 8. Struct.Exc.,Gabions&Wingwalls 2133.3 C.Y. $6.50 $13,866.45 0.0% 100.0% 9. Exc.,Temp.Shoring&Cribbing 1 Job L.S. $30,000.00 $30,000.00 0.00/0 100.0% 10. Structure Backfill 648.1 C.Y. $5.00 $3,240.50 0.0,7 100.0% 11. Topsoiling 1003.0 S.Y. $1.50 $1,504.50 0.0% 100.0% 12. Concrete,Wingwall,Cl.4000 88.5 C.Y. $330.00 $29,205.00 0.0% 100.0% 13. Steel Reinforcement 18,160 Lb. $0.50 $9,080.00 0.0% 100.00/0 14. Corrugated Steel Pipe,24"dia. 60 Ft. $35.00 $2,100.00 0.0% 100.0170 15. Rock Riprap 1128.8 Ton $20.00 $22,576.00 0.0% 100.00/0 16. Filter Material 649.8 C.Y. $18.00 $11,696.40 0.0% 100.0% 17. Wire Mesh Gabions 156 C.Y. $100.00 $15,600.00 0.0% 100.0% 18. Fish Habitat Structures 1 Job L.S. $10,000.00 $10,000.00 0.0% 100.0% 19. Erosion Control Blanket 1442.2 S.Y. $1.50 $2,163.30 0.0% 100.0% Subtotal A $396,844.44 SCHEDULE B 1. Salix cotteti 440 EA. $3.50 $1,540.00 0.0% 100.0% 2. Amelanchier florida 150 EA. $40.00 $6,000.00 0.0% 100.0% 3. Comus stononirera 150 EA. $30.00 $4,500.00 0.0% 100.0% 4. Prunus virginiana 150 EA. $30.00 $4,500.00 0.0% 100.0% S. Mohonia aquafolium 150 EA. $30.00 $4,500.00 0.0% 100.0% Subtotal B $21,040.00 Subtotals A+B $417,894.44 SCHEDULE C I. PVC Membrane 2,589 S.Y. $9.50 $24,595.50 100.00% 0.0% 2. Concrete,Tran.Wall&Slab,Cl.4000 68.9 C.Y. $325.00 $22,392.50 100.00% 0.0% 3. Steel Reinforcement 8,611 Lb. $0.50 $4,305.50 100.00% 0.00/0 4. Exc.,PVC Membrane 4,990.5 C.Y. $5.50 $27,447.75 100.00% 0.0% 5. Earthfill,PVC Membrane 4,990.5 C.Y. $5.50 $27,447.75 100.00% 0.00/0 6. Pedestrian Trail 1 Job L.S. $12,000.00 $12 000.00 100.00% ONO Subtotal C $118,189.00 TOTAL USE $631,500 $156,500 $475,000 A3V!P M3320 KIP,, 12A? 83e A0 t W3q. TMUr?10A 5,'AW7 TIVO 1 iWj YTI71' AUC) 1���V C` V 7 `1 _ bl.{ 1-VU l WIJ7. 1.2 .?.-17 do(, i 1ii)11V1),'.r N>.Oo!_-�y .c'..1 ► ! i UP Yff)':A;io .. }•(iOj ;'`(i,l) (W(Mutt ('!) Y)0.OI? t}O.(100.:};?' z..1 lt;'O J P- oi Oif.l P!,I y:;!Gn&0 y C! OiI,(C (-kl.i)IM K1 e. 1 OC.r 0 C .tk)&i G 0?_.� Y. ) Eli . III>fr_n i`1J ;L z;, ,;:.;;) .��j .,xv i�,"(}.0 010.000.0k i)O.i.iO(�. .: 2-j 6,,f, (P?a1G_.R tN) .•f.7 I. •• Jl:ta)t:i niFl"r{:t)Z �' 01, tO'.to Me i z 6Ulf �,f't: ':�1;;1 Iltl ?ii�•'�'"�' (N){��-t.� � � i -''t. t�il,lw ..) .,.tC; i�� .., �` _ ll ;!! ',.ii 1�'!).li/.1+�'. i (►C.11� li.� `:�it�,%';; J':�i .'_iJ� . " �i, ,'!_"�F i?•t+l)(''.._l, ' lh; '{� .J� �)<1 :;!'� .. ._ I:' '/. I,'_;i ':.i'Ti:j {)ri! .:'•..1 + 1');5' i}'!+�%; • !i, ,. � (l�}.��. � t�r�} '.1)u.1 '1 .1 r.�'� i1Vr1 .F�l "` '}O.(!ll,,:•1 '!il i;f: f.: ft;,,,+ifOtL l.Slf)'TO-^) i;.!"l' ''i1•!• 0 `0.01.',•' t: r is ,i is?i ri1; li'_ '''' t-f.� 11 `.''% 'k•`,r •?'1 F.iaSS�i`�� ; :! t 1,_ .,r ,;t.�`�,!- '_?!� i..•:i... [ {1 i1vo- dl,lq i 31 ,, ( 1. CAG-94-083, Addendum No. 3-95 STATE: WASHINGTON WATERSHED: EAST SIDE GREEN RIVER NRCS AGREEMENT NO.: 68-0548-4-060 CITY OF RENTON NO.: CAG-94-083 UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE (NRCS) and CITY OF RENTON AMENDMENT NO. 3 TO PROJECT AGREEMENT This Amendment No. 3, amends Project Agreement (PA) No. 68-0548-4-060 (City of Renton No. CAG-94-083), encumbered July 7, 1994. The purpose of this amendment is to increase the financial contribution of the NRCS to cover the cost of construction contract change orders. Insofar as the terms of this amendment are inconsistent with the terms of PA #68-0548-4-060 (CAG-94-083) and Amendments No. 1 and 2, this amendment shall govern. In all other respects, the terms and conditions of the PA and Amendments No. 1 and 2 remain in full force and effect. Revise the following sections: A. The estimated total cost for construction of the works of improvements is increased by $25,000 from $693,356 to $718,356. B.1 Increase the estimate for the cost to be provided by the NRCS by $25,000 from $502,452 to $527,452. In witness thereof: U. S. Department of Agriculture i Uarl Natural Resources Service By: 0 By: er Title: Mayor Title: State Conservationist Date: d�a a Date: -I '( z Z� Attest: ) Brenda Fritsvold, Deputy City Clerk H:DOCS:95-786:SW:ps CAG-94-083, Addendum No. 2-94 STATE: WASHINGTON WATERSHED: EAST SIDE GREEN RIVER NRCS AGREEMENT NO.: 68-0548-4-060 CITY OF RENTON NO.: CAG-94-083 UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE (Formerly Soil Conservation Service) and CITY OF RENTON AMENDMENT NO. 2 TO PROJECT AGREEMENT This Amendment No. 2, amends Project Agreement (PA) No. 68-0548-4-060 (City of Renton No. CAG-94-083), encumbered July 7, 1994. The purpose of this amendment is to increase the financial contribution of each party on the basis of award to the apparent low bidder. Further, this amendment notes the change of name for the Soil Conservation Service (SCS) to the Natural Resources Conservation Service (NRCS). All authorities of the SCS relative to this PA transferred to the NRCS. Revise the following sections: A. The estimated total cost for construction of the works of improvements is increased to $693,356. B.1 Increase the estimate for the cost to be provided by the City of Renton to $190,904. C.1 Increase the estimate for the cost to be provided by the NRCS to $502,452. All other terms and conditions of the PA and Amendment No. 1 remain in full force and effect. In witness thereof: U. S. Department of Agriculture City of won Natural Resources Conservation Service By: By: Title: Mayor Title: State Conservationist Date: Date: /2 Attes . H:DO CS:94-1 132:SSW:ps CAG-94-083, Addendum #1-94 STATE: Washington WATERSHED: East Side Green River AGREEMENT No. : 68-0546-4-060 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE AMENDMENT NO. 1 TO PROJECT AGREEMENT This Amendment No. l amends Project Agreement (PA) No. 68-0546-4-060 (City of Renton No. CAG-94-083 ) , encumbered July 7 , 1994 . Insofar as the terms of this amendment are inconsistent with the terms of PA# 68-0546-4-060 (CAG-94-083 ) , this amendment shall govern. In all other respects, the terms of PA# 68-0546--4-060 (CAG-94-083 ) , remain in full force and effect. Add the following item: A. 6 . Construct pedestrian trail . Revise the following sections : B. 1 . Provide for all costs of constructing the works of improvement described in Section A, except for the SCS contribution described in Section C. 1 . and listed in Attachment C, Estimated Cost Breakdown. This cost to be provided by the City of Renton is estimated to be $156.500. D. l . This agreement shall become null and void 90 calendar days after the date SCS has executed this amendment if a contract has not been awarded. Replace Attachment C. Estimated Cost Breakdown: Replace original Attachment C, with the attached Revised Attachment C, to reflect change of Bid Item C. 6 . Pedestrian Trail, to three separate bid items with no change in total cost or allocation of costs between SCS or Renton. In witness thereof: City Renton U. S . Department of Agriculture '� 0 Soil Conservation Service By: Ear Clymer Title • Mayorrl By: Date : ��` 02 ` -q Title: State Conservationist Date : Attest: ' Brenda Fritsvold, Deputy City Clerk Revd ESTIMATED COST BREAKDOWN Alc,,h-ni 9/94 EAST SIDE GREEN RIVER C P-1 CHANNEL STA. 670+76 -680+26.37 ITEM j ; TOTAL % % NO. ITEM QUANTITY I UNIT I UNIT PRICE i AMOUNT I RENTON SCS j SCHEDULE A 1. j Mobilization i 1 Job L.S. i $39,714.90 ' $39,714.90 .7.0'?'0l 7, < 2 I Clearing and Grubbing i 1 Job L.S. j S5,000.OD i $5,(K)O.CXI 0.C1'?'ol 100.0``r. 3. Structure Removal i I Job L.S. $5,000,00 $5,000.00 4. Pollution Control 1 Job L.S. i $10'000.00 , $10,000.00 27.0°�0( 73.(r� 5. +Grass Seeding 1.8 Acre i $1,000.00 1 $1.800.00 j O.U%,` 1010.0` 6. Removal of Water I Job i L.S. '; $1-10,000.00 i $130.000.00 20.U?'o� tuJ.Cr`e 7. Exc.,P-1 Channel,Common 9873.3 1 C.Y. i $5.50 1 $54,30-1.15 O.OMoi 100.0-1 8. �Struct.Exc.,Gabions&Wingwalls i 2133.3 C.Y. I $6.50 I S 13,866.45 0.0%1 100.0r r i 9. Exc,Temp.Shoring&Cribbing I Job i L.S. $30,000.00 $30.000.00 i O.Ch%oj IOU.Cr`c 10. Structure Backfill i 64&1 C.Y. I $5.00 I $3,240.50 0.0`.'roi 100.0-11 11. I Topsoiling 1003.0 S.Y. $t.50 $1,50450 � Cl.O�oi ifjo.i rcz: 12. Concrete,Wingwall,Cl.4000 i 88.5 1 C.Y. $330.00 $29,205.00 i 0.0'q 100.0'o 13. Steel Reinforcement 1&160 I Lb. ( $0.50 ! S9.O80.OU I 0.0t 1(xi.tY 14. RCPipe,24"dia,Cl III 60 FL i $35.00 I S2,100.00 ! 0.C'% 100.:Y°C, 15. i Rock Riprap 1128.8 Ton i S20.00 , $.2,576.00 ; O.Cx c•j IOOJ.r-< i 16. Filter Materiali 649.8 C.Y. j $18.00 $11,696.401 O.O`'oi liXi,{r%I 17. 1 Wire Mesh Gabions 156 ': C.Y. S 100.00 ; $15,600.00 ! 0.017<.: 18. I Fish Habitat Structures I Job i L.S. j $10,000.00 $10.000.00 1 0.0C''0i 1C>tAC'c' 19. Erosion Control Blanket ! 14422 S.Y. i $LSU 1 $:,16633, 0.0%! Subtotal A It $396,850.20 i 1 I SCHEDULE B I i i i I 1. i Salix cotteti j 440 j EA. 1 $3.50 $1,540.00 ! 0.001oi 100.011c' i 1 - IAmelanchier florida j 15O E, $40.00 $6,0() 1.00 I 0.0470' LGU.u:`.; 3. 1 Cornus stononirera 150 EA. 1 $30.00 $4,500.00 1 0.00/0 4. I Prunus virginiana 150 EA. ! $30.00 $4,500.00 i 0.0's$ I('0J r`� i i i I 5. Mohonia aquafolium 150 1 EA. $30.00 1 $4,500.00 0.040; j ( I Subtotal B $21,040.00 I Subtotals A+B $417,890.20 i I SCHEDULE i C L I PVC Membrane 2,589 ! S.Y. $9.50 $24,595.50 l0O.U0,---�i 0. i 2 I Concrete,Tran.Wall& Slab.CI.4000 j 68.9 C.Y. $32-5.00 I $22.392.50 i 1f10.(w- 3. 'Steel Reinforcement 8,611 Lb. $0.50 $4.305.50 I 100.00%l, r.r i 4. !Exc., PVC Membrane 4,990.5 ; C.1'. j $5.50 i $27,447.75 ! 1On.w.-"I 5. j Earthfill,PVC Membrane 41990.5 C.Y. $5.50 I $27,447.75 l00 r v". 0 :�< 6. Crushed Surfacing 240 ! Ton 18 $4,320.00 ! 100.O(re! 7, i Asphalt Conc Paving 96 Ton i 62 $5.952.00 100.00s'•'ol O. c 8. Adjust MH,Guardrail I Job L.S. $1.800.00 i $1,800.00 1 100.00% :r Subtotal C $118.261.00 j TOTAL USE S631,500 $156,500 547i,( x) To JCS Date 3�2 5 �l�i Time WHILE,,YOU WERE OUT Pr- of Phone TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CALL Message � AS lol-S.z. 43 -� virt4ef �L�!i_4 V(�d✓11rf �+'�0 th� iT I�VC. �A�Jf. C`.e+x-+►N;ryl�iG� W N r/I o /YPe� /J1g" 0,1 Operator 3 F�v —/U' L/voA Jfi ar`C'7 Gvl9" CAG-94-083 �-`Ldyv� ' SCd lr (NUd93d+�t STATE Washington PC4 L1 eHil WATERSHED East Side Green River AGREEMENT NO. 68-0546-4-060 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE PROJECT AGREEMENT THIS AGREEMENT, made this day of 1994 by and between the City of Renton, the Contracting LocalOrganization', hereinafter referred to as the CLO; and the Soil Conservation Service, United States Department of Agriculture, hereinafter referred to as SCS . WITNESSETH THAT: WHEREAS, under the provisions of the Watershed Protection and Flood Prevention Act, the Sponsors and SCS agreed to a plan for the above watershed that provides for the installation of certain works of improvement; NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the CLO and SCS do hereby agree as follows : A. It is agreed that the following described work, for construction of the P-1 Channel , Sta 670+76 to Sta 680+26 . 37 (SW 16th Street to (^,0 &1.,U Grady Way) , will be provided at an estimated cost of $ 631,500 . 00 . 1fP1*" L15f 1 . Excavate channel, P14,*Sk, S"- A",g-,cjkp 2 . Provide fish habitat components and vegetate works of Cs-T/"-rt improvement, F11L 60T)4 3 . Construct concrete wingwalls, MTh �� N2�S 4 . Construct gabion wall, 5 . Install Oakesdale Avenue SW underpass underdrain protection system. B. The Contracting Local Organization will : S�f ^7rpctil-2 1 . Provide for all costs of constructing the works of improvement ac,, ,�,,,a,1,xF - described in section A. 1 . thru A. 5 . , except for the SCS "4Vtrr Oro&, contribution described in C. 1 . F-Ic r~u--w— P.A+, � 192 3Gy.7g /GfQv.E.�r 05 � h TI�A�U�hf 3/l9/q� � . Appoint a Contracting Officer and an authorized representative W 7/2.0itf 1 ,f r ( who shall have authority to act for the Contracting Officer, listing their duties, responsibilities, and authorities . Furnish such information in writing to the SCS State Administrative Officer. r Page 2 of 7 pages Old 3 . Be responsible for all administrative expenses necessary to arrange for and carry out the works of improvement described in Section A. These administrative matters include but shall not be limited to facilities, clerical expenses , and legal counsel , including the fees of such attorneys deemed necessary by SCS to resolve any legal matters . r// AT, ^rep 9�4 . Issue an Invitation for Bids , which is to contain SCS requirements including form SCS-AS-43 , drawings and specifications, and CLO requirements when concurred in by the State Administrative Officer. SL( 1>1Trp.ae4e 15 . Receive, protect, and open bids . Determine the lowest qualified �L�IZIfy bidder, and with written concurrence of the State. Administrative Officer, make award. � rA �o 45 . Secure written concurrence of the State Administrative Officer before approving the contractor ' s proposed workweek and time of day during which the work will be performed, and before approving any changes in the approved workweek and time of day during which work will be performed. y" ' ATr-C44" 47 . Secure concurrence of the Government Representative before approving the construction schedule. 48 . Secure written concurrence of the State Administrative Officer before approving the performance and payment bonds . — Z3. Secure written concurrence of the State Administrative Officer before approving subcontractors . 410 . Secure written concurrence of the State Administrative Officer before issuing the notice to proceed. 11 . Secure written concurrence of the State Administrative Officer t1044tsfeo before approving a waiver or an adaption of any of the safety provisions . 12 . Secure written concurrence of the State Administrative Officer before giving consent for the contractor to (a) assign the fcA contract in whole or in part, (b) assign any monies due or to become due under the contract, or ( c) subcontract any part of 5„3C01Jt -AC444- ', the work. 13 . Secure written concurrence of the State Administrative Officer C,�rl L�AyIfS before modifying the contract and SCS concurrence before issuing suspend and resume work orders ; modify the contract and issue suspend and resume work orders when recommended by SCS . c� L 'llel4S 54t, A",,auq.E9 Ai I Ag/y„' 3 G+�w�:xc ^►,��<o. l twPE,sn /LE � VIMAL LvvvWA4Ao,+4£ G� , WA,/rpv/i /^'4*- WP/Yi.0j Page 3 of 7 pages fJO (nM„%J)i , 14 . Secure written concurrence of the State Administrative Officer p�Q`�rstfJJ before waiving the requirement for any material certification. 15 . Pay the contractor as provided in the contract. Submit the billings to SCS on Form SF-270 . NO 16 . Dispose of all claims resulting from the contract; secure prior written concurrence of the State Administrative Officer when SCS Fic oo ro funds are involved. 17 . Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the No S,<M A c-T/aj5 contract awarded under this agreement . This includes, but is NfA pto To not limited to disputes, claims, protests of award, source evaluation, and litigation that may result from the project. Such actions will be at the expense of the CLO, including any legal expenses . The CLO will advise, consult with, and obtain prior written concurrence of SCS on any such matters in which SCS could have a . financial interest. (fx 18. Hold and save SCS free from any and all claims or causes of 5 action whatsoever resulting from the obligations undertaken by L the CLO under this agreement or resulting from the work provided for in this agreement. 19 . Take necessary legal action, including bringing suit, to collect n,u 5'u&q from the contractor any monies due in connection with the A)CrIUN A#h49 contract, or upon request of SCS, assign and transfer to SCS any or all claims, demands ,and causes of action of every kind 7-U 0,*f,6 whatsoever which the CLO has against the contractor or his or her sureties . 20. Secure written concurrence of the State Administrative Officer NW Me"IF-069 before terminating the contract or the contractor' s right to To Pv-,I-lc, proceed under the contract, and declaring the contractor in default, and take such actions when requested to do so by the State Administrative Officer. P6,"a'a(r- 21 . Arrange for and conduct final inspection of completed works of improvement with SCS to determine whether all work has been performed in accordance with contractual requirements . Secure, written concurrence of the State Administrative Officer before notifying the contractor of the acceptance of the job . 22 . Upon completion and acceptance of all work, when provided by the terms of the contract, obtain a written release from the contractor of all claims against the CLO arising by virtue of ✓ � the contract, other than claims in stated amounts as may be (lag specifically excepted by the contractor. Id 0 5f PUS,C-` P�� Page 4 of 7 pages 23 . Retain all records dealing with the award and administration of LA, the contract for 3 years from the date of the CLO' s submission of the final request for reimbursement or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3-year period, the records are to be retained until the litigation is resolved or the end of the 3-year period whichever is longer. Make such records available to the Comptroller General of the United States or his duly authorized representative and accredited representatives of the Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts , and transcriptions . �S (Alt 24 . Accept all financial and other responsibilities for excess costs resulting from their failure to obtain, or their delay in /ate obtaining adequate land and water rights, permits, and licenses needed for the works of improvement described in Section A. 25 . If applicable, complete the attached "Clean Air and Water Certification" , comply with the attached "Clean Air and Water Clause" and other certifications set forth in the Attachment A, 0,1�G Special Provisions , which is attached to and made part of this agreement. 26 Comply with Federal Executive Order 11246 , which is made part of this agreement by reference: comply with the non-discrimination pS provisions of the Equal Opportunity Clause and the Notice to Contracting Local Organizations of Requirement for Certifications of Nonsegregated Facilities clause, Attachment B, Special Provisions, , which is attached to and made part of this agreement. C. SCS will : 1 . Provide the percentage of the cost of constructing the works of improvement described in Section A. l . through A. 4, and as shown in Attachment C, Estimated Cost Breakdown (Schedules A and B) . This cost to SCS is estimated at $ 475 ,000 . 00 2 . Provide authorized assistance such as cost estimates , performance time estimates , results of tests and studies as available, site investigations , design and layout, drawings and specifications . 3 . Consult with the CLO in preparing the invitation for bids and awarding and administering the contract. 4 . Provide the services of a Government Representative (GR) , and provide in writing to the CLO a list of the GR' s duties and responsibilities . 5 . Provide the services of Government inspectors, as necessary. CAG-94-083 OPERATION AND MAINTENANCE AGREEMENT for the EAST SIDE GREEN RIVER WATERSHED P-1 CHANNEL, Station 670+76 to Station 680+26.37 SW 16th Street to SW Grady Way THIS AGREEMENT, made this 1 day of -TuL Y , 1994 by and between the City of Renton, hereinafter referred to as the Sponsor, and the Soil Conservation Service, United States Department of Agriculture, hereinafter referred to as SCS . The Sponsor and SCS agree to carry out the terms of this agreement for the operation and maintenance of the P-1 channel , Station 670+76 to Station 680+26 . 37 ( SW 16th Street to SW Grady Way) , located in the City of Renton, State of Washington . I . GENERAL A. The Sponsor will : 1 . Be responsible for all operating and performing or having performed all needed maintenance of the channel as determined by either the SCS or Sponsor, without cost to SCS . The .Sponsor shall not be required to perform maintenance if the Sponsor is unable to obtain all local , County, State, and Federal permits with properly prepared and submitted permit applications . 2 . Obtain prior approval from SCS of all plans , designs , and specifications for maintenance work deviating from the Operation and Maintenance (0&M) plan and of plans and specifications for any alterations to the channel . 3 . Be responsible for the replacement of parts or portions of this project which have a physical life of less duration than the evaluated life of the channel . 4 . Prohibit the installation of any structure or facility that will interfere with the operation or maintenance of the channel . 5 . Notify SCS of any agreement to be entered into with other parties for the operation or maintenance of all or any part of the channel system and provide SCS with a copy of the agreement after it has been signed by the Sponsor and the other party. 6 . Comply with the PROPERTY MANAGEMENT STANDARDS set forth in 7 CFR 3015 . 160-3015 . 175 , and all applicable Federal , State, and local laws . t Page 2 of 3 pages 7 . Provide SCS personnel the right of free access to the project at any reasonable time for the purpose of carrying out the terms of the agreement . B . SCS will : 1 . Upon request of the sponsor and to the extent that its resources permit, provide consultive assistance in the operation, maintenance , and replacement of portions of the project . II . OPERATION AND MAINTENANCE PLAN (O&M PLAN) A. An O&M plan for the channel included with this agreement is attached to and becomes a part of this agreement . III . INSPECTION AND REPORTS A. The Sponsor will inspect the channel as specified in the 0&M plan. B. The SCS may inspect the project at any reasonable time during the period covered by this agreement . At the discretion of the State Conservationist, SCS personnel may assist the Sponsor with inspections . C . A written report will be made of each inspection and provided to others as outlined in the 0&M plan. IV. TIME AND RESPONSIBILITY A. The Sponsor ' s responsibility for operation and maintenance begins when notification is received from SCS that the project is partially done or completed and accepted or is determined complete by SCS . This responsibility shall continue until the expiration of the evaluated life of the installed project as indicated in the 0&M plan. This does not relieve the Sponsor' s liability which continues throughout the life of the project measure or until the measure is modified to remove any potential threat of loss of life or property which may occur. V. RECORDS A. The Sponsor will maintain in a centralized location a record of all inspections and significant actions taken, cost of performance and completion date with respect to operation and maintenance. SCS may inspect these records at any reasonable time during the term of the agreement . Page 3 of 3 pages CITY OF RENTON BY : This action authorized at an official meeting of the City of Renton, on TITLE : Mayor the 22 tk. day of , 994 at DATE41yn4gen, on, Sta o Washington . ATTES City Clerk I ( Signat e Approve to F Lawrence J . Warr OW, City Attorney UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE BY: / TITLE : DATE : EAST SIDE GREEN RIVER WATERSHED King County, WAshington OPERATION AND MAINTENANCE PLAN for P-1 CHANNEL, Station 670+76 to Station 680+26 . 37 ( SW 16th Street to SW Grady Way) SCOPE This operation and maintenance ( 0&M) plan is written for the P-1 CHANNEL, Station 670+76 to Station 680+26 . 37 , (SW 16th Street to SW Grady Way) , as shown on Sheets 4 and 5 , Drawing No . ESGR-3 , dated 12/93 , and attached as Exhibit A. The channel is located in the City of Renton, which is located within the ESGR Watershed Project area. SPONSOR The City of Renton is responsible for operation and maintenance of this channel section . They have been designated to perform all the tasks and duties required for the operation and maintenance of this segment of the P-1 Channel . FUNDING The average annual operation and maintenance cost of this segment of the P-1 channel is estimated to be $1000 . 00 ( 1994 price base) . Required funds for operation and maintenance will be obtained from the annual maintenance budget approved by the Renton City Council . This money is available through taxing authorities and other sources available to the City of Renton or as specified by RCW 86 . 15 . A contigency fund will be set aside to meet unusual or emergency expenditures . OPERATIONS PROGRAM The operation program for this segment of the P-1 channel shall consist of passing the flow of the P-1 channel in a non-erosive manner so that there is no increased threat or hazard to public health, safety, and/or property. MAINTENANCE PROGRAM The maintenance program for this segment of P-1 channel shall consist of performing such work that is necessary to ensure that the channel continues to function in the same manner as it does at the time of construction completion or as planned and designed. The maintenance work shall be performed promptly, orderly, and in a regularly scheduled fashion . The following are specific items needing annual maintenance attention: Page 2 of 3 i . Vegetation a . Replant, resod, or reseed trees , shrubs , and vegetative cover in areas containing poor stands or where erosion has taken place . Resoration of grass seeding areas over rock riprapped slopes need to be performed ( if needed restore eroded areas before revegetating) . b . Fertilize trees , shrubs , and vegetative areas as required to maintain a vigorous healthy stand . c . Remove noxious weeds from vegetative areas as required. Observe local ordinances regarding spraying and burning. d . Prune, trim, and/or cut trees and shrubs as required to maintain the required hydraulic channel capacity and to prevent potential hazards . 2 . Channel a . Remove sediment within the channel cross-section and properly dispose of it outside the channel perimeter . Special attention will be given to the low-flow channel which is to be maintained unobstructed by sediment and/or debris to insure a concentrated flow for fish passage . b . Remove and properly dispose of all extraneous debris . C . Repair erosion damage to channel banks . d . Replace, reinforce, or extend gabions where needed. e . Replace, reinforce, or extend riprap where needed. f . Keep access for maintenance and maintain travelways in useable condition. g . Rehabilitate damaged side inlets to channel . h . Inspect channel banks for "flowing" sand conditions and if found, cover with graded gravel filter and rock riprap in accordance with SCS requirements . PERMITS AND REGULATIONS All operations and maintenance work shall be performed in accordance with all local , County, State, and Federal laws , requirements and ordinances . Page 3 of 3 INSPECTIONS A timely inspection procedure will be established by the City of Renton for the works of improvement in this channel segment . The inspection shall (as a minimum) consist of an annual field review by one or more representatives of the City of Renton. The inspection should be performed during the growing season to be able to determine the condition of the trees , shrubs , and other vegetation . The SCS will assist in making the inspection for the first three ( 3 ) years after completion of construction and thereafter if requested by the City. In addition, the project shall be inspected by the City after a major flood event . Corrective action found necessary to be performed shall be completed in a timely manner . REPORTS After each inspection in which SCS approval is required for corrective action ( see 0&M Agreement, Section I .A. 2 . ) , a report will be prepared indicating 1 ) findings of the inspection, 2 ) recommendations for action, and 3 ) a schedule for completing the corrective action. A follow-up report shall be prepared when major corrective work is completed. For normal maintenance and corrective work a report will be prepared listing the work completed during the past year . Reports and notices shall be distributed as follows : District Conservationist USDA Soil Conservation Service 935 Powell Avenue SW Renton, WA 98055 Supervisor Wastewater Maintenance 3555 NE Second Street Renton, WA 98056 Engineering Supervisor Surface Water Utility 200 Mill Avenue South - 4th Floor Renton, WA 98055 LIFE OF PLAN This O&M plan, unless otherwise amended by mutual agreement between the Sponsor and the SCS, shall remain in effect for a period of 50 years after date of acceptance of the construction of this channel segment . CA SRAIG �-,FvEIIVATA CURPE12DATA -A""Nn J 0;4'-FLOW'PO4VT AAA,,'E (Y O -V 4 f-!je. L tNI j_, 47 eo C' s". �73-1;5 i7j tz Lc ri7$,-A t 71.7Z 5? 17 41 la63-�;"�!.V 174j;;f.74 ?,6.�4� '14 L SOIL" -G�ER OLE • Jlsl tf E;CYS.77,WC,,CHI le te v 6 5 -a 14• 5- v 61 4 (see she.! 1W y S WG Miff's • 37_ Do NOT as,-u,?s A!� ��/ // tiJ Y/ ,f 5 _��<,vN£C ti - ; � S A 6 9f.J7 2I u 0 Fr cup.--Zi -sr CHANNEL > NOT 11RIG 5 W. BRADCF T CV. 5 U 6 73� 12 I�osnNG BOA,czjz PrRr DO NOT DISTURB f=1 EAMVC 24- 9 to -oF PLASTIC SHCCK WALL 00 NO,'&SWRBO V/ U) ST 4AU (See st."irt IJ) W RA 9,)70& 00 Nor Cw5nipe STA 5 05 A Er'Sr'VG WALLz Do NOT O*sy7dps 0 CA'S,'Wr,30'PAPE N07F- NO rc,—escntat;a7 is mode of any vtd;ties > p,b';C O+Priwltw AtSenC,of l`X!,es x OA KSOA E A VE- S'W- these a-cw;ngs does not assure that rz� .1;1-1'es cle present. ff bsried vt'?X's VC/) ore s'o—. the locc.,,bn v.of cleptt,ore :411 qpp�.xomote, 7he "Oct and depthQ) 0 Of 0'/ut,7ity M'.St to dote—. ined bj,the Q) C-) PLAN '-,Y ca-po-'/P';�toany Q3 20 0 20 /XkN 1 DORXL HCL C L OCA 77Cv scale M feel C N j;*� I IX K 20 �K Levis Co TO IVA S U J E C T 20 0 z 10 10 15.0 5 5 y—C.Cv 274 i'v 024 Cr z c c s 7-- 5 670*00 671*00 672f 00 67.3*00 67.0*00 675-k00 675*50 ,D)?OF r - .tLE 'C Ch'AAAWL 1?0 f t. -' :d NOR Irf1Nc EA.517,NG e POiNT NAME Q e -'A c:.J7 '7=EJ0 t .,_-.=0:.9' 1 L 1 1 I I 677-•?e� ^ - s` 7,.E4975 L:-'7.767 17J_7. 92 16t_.;31 2 < PC tiii?:E �Cc`FL.£tJL :( -c- - �:�72 2 65J 9:192 ` %i I O - CUr' :7�,_2276 6521 9Pc 02 _ O E / `� STF 577s.7.Si I f7 C�'?.f fJ ''tf^` _ '7J E15.55 (: ys I PC t- = ", :73,571.20 7.653.92519 i A v 1 cr CL.. f_If' , F --PA= ;7J.7D0.D7 .632,92301 _ .5 O �` ` \6 TSGG S'•GEt i 1J CUR PC dU DATA. CURD P DATA 1 MC Cor RIPPAP W OF R/PRAP te 18 ., ' 1:fy ! —_ 4 a•+vrL n J0 Ss O6" n = STi251" R s JJ 00' R = JJ 00' - - •c,.'�%' v� -� I T- 629' T= 16.5J' cL .Tmzc%-,0?Y Sh'•;Ptvc �,;� `�:_ %il :F 6'tl"_�` ,� rSTA. 6,.vsJ! - r '< L = 16,18' C 302J' 00 V 20 Ci£Av OUJ Sri FROM 2 `�'n •a O;,R,. * '-- A_, SA Y5 Of 1.�£B90 tn CL/L F_.4 T. i 2� ro T^ 6 V E/'ST.G.bOX CUL v£RT _ e�9• �• L'c ..� w{ DO n•v'rA,STR::B___-�- / �� Tl 1t �t2 9D:1 ©� N S£E OcrA,n A 2 W ,II LrSr,Nc 18'piPE r — — — — — 3 Q 1 E.oSnn/c TRANS1n0N WALL EA:5771,G RErAx•vc WALL NOTE ExCA vF n(X{ W 7RA.NS1710'!SLAB DO NOT OfSTU,RB DO"Vol'DI57LIP8 CCAVA L/MIIS w • f P-1 c/+A/..•rEL. (see sheet 14) N. pr-s-i:ol%on is mode of ony ut,7%t%es, / put%%c or p-;nle. A=s-nc-of uNiMes on .�- these d.-o=%rqs 1xs nct ossure toot Li/+.* •;l�S£E:--A% V B0 z SaL L HaE ot.1,':;es ore Present. If tered ut,1d%es / E ^ '/� �/ ore rre= loco:an and depth ore OAKESDAL A V J oppn;,,%r'ote. 7Aa Feed 4x06x one depth � of c.-y�:'7%:y rz.st Je de;ern,ed ty it, e comp o.y prior to ony e..co.ot%an. ?} nL MR N t1"�'�, V W PLAN . � � „ ��" £xtAVA nO/� P-1 C/+A7:vEL. �) 20 O 20 — �� �� CO.wvOn1 L%N'.•S O O SECTION N.T.S. O Q�I1 �tti �1 U) i < S♦ .c♦ 1.�;O U ui•'� 1` j � 'K I: 'K o11,i� 20 20 ( � Qo U 15 15 � W 0 O 5' F 10 10 _�/ r —� Z:1 z 25' Fq T�R I E-, 5 ELEV 2.12 (✓ E.£v 1 51 f£L£V. D.11 Ems=i 2.5� s SE cTION e &e < � £�z zD91 -- ..10,V SLAG - <... . < N T.S. Q — — LF-'n F,C� �_>.Ati•:C_' :-.r7�v c_ _'1�'1_ £:E✓ .. _� __ _ 'I �Fn�.,.�A J U ccc_c-- < L E.r•':�'r. •r.,:. £i�' L'Jc. _ _ t-_•_�--i _6-__ _ - °:oc.,: <c_c_� .� f - - - �_ -_ - -s`'j" = -' �� i � _C c .,. �! G:c �` c c _o.,o;- o, } ``rr1••1 f t -j r 2 -� ( 'c'<J - 1 ,M'A,.'...:__•'r Y'! ' L._" _ _cx.'fL C•ivLL 675*00 676f00 677400 _ ! t 678f 00 679 f 0�l ! PROFILE CIIA11'11'EL Es R`J s 9n