HomeMy WebLinkAboutContract MAY-30-2002 14:46 CITY OF RENTON PEPW 425 4307241 P.01i15
y - - CAG-98-063
AGREEMENT
between
TIT-IE CITY OF RENTON
and
THE BOEING COMPANY
fol
THE CEDAR. RIVER SECTION 205 FLOOD
DAMAGE REDUCTION PROJECT
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MAY-30-2002 14:47 CITY OP RENTON PBPW � 425 4'0 7241 P.02,15
THIS AGREEMENT, hereby made and entered into this 0�,7 1998) by and between
the CITY OF RENTON, WASHINGTON, a muaieipal corporation of th State of Washington and
the BOEING COMPANY aDelaware Corporation.
WHEREAS, the Government of the United States of America has appropriated funds to provide for
dredging, levees construction and modification of the South Boeing Bridge for a flood damage
reduction project along the lower Cedar River in the City of Renton, and environmental mitigation
measures for said flood damage reduction project,
WHEREAS, the Government of the United States of America appropriation is administered by the
United States Army Corps of Engineers, and the City of Renton will enter into an agreement (PCA)
with the United States Army Corps of Engineers for construction and maintenance of said flood
damage reduction project,
1ArHEREAS, the United States of America appropriation is contingent upon a match of up to
$5,000,000 from non-Federal sources,
WHEREAS, the United States Army Corps of Engineers will perform the initial construction of said
flood damage reduction project, and perform other obligations as described herein, and in the Project
Cooperation Agreement (PCA) between the City and the United States Army Corps of Engineers,
WHEREAS, the City of Renton will perform certain tasks, provide funding including real estate for
said flood damage reduction project, and perform other obligations as set forth in this Agreement,
WHEREAS, Boeing will design and construct said bridge modifications, and perform such other
obligations as set forth in this Agreement
WHEREAS, Boeing desires to cooperate with the City of Renton in providing flood protection for
the lower Cedar River, and
WIdEREAS, Boeing is willing to provide an equal share of the cost for construction and maintenance
of said flood damage reduction project with the City or Renton.
NOW T IEREFOR.E, in consideration of the mutual covenants herein it is agreed as follows:
AGREE'NTENT BE.TW'EEN THE CITY OF RENTON Ai ID THE
BOEING COMP ANY -Page 2
MAY-30-2002 14:47 CITY OF RENTON PBPW 425 430 7241 P.O'W 15
SECTION 1 : DEFINITIONS
For purposes of this Agreement, the terms underlined below shall have the following meanings:
Agreement-This Agreement:
Best Efforts - To make all reasonable, legal, practicable, efforts; in good faith and with an
understanding that time is of the essence; to facilitate, assist, and expedite the work,
procedures, communication, and resolution of issues required to assure the success of the
project within the known constraints.
B__ein - -
The Boeing Company, a Delaware corporation.
Boeing Project Manas;er - That individual or his/her designated representative(s) who shall be
appointed by the Boeing Commercial Airplane Group Renton Division (BCAGRD), Director of
Facilities, to carry out the responsibilities set forth in this Agreement.
Boeing, Senior Manager The Boeing Senior Manager of Renton Facilities and Plant Engineering.
Cites - The City of Renton, Washington, a municipal corporation and an optional code City of the
State of Washington_
City Administrator of Plannin uildingMublic Works Department or his/her designee- The head of
the department responsible for coordinating and facilitating City personnel and contractors
directly involved with the project management, construction, and all applicable City permits and
inspections.
City Project Manager- That individual or his/her designated representative(s) who shall be appointed
by the City Administrator of Planning/Building/Public Works to carry out the responsibilities set
forth in this Agreement.
City Council - The le g
lslative body of the City of Renton comprised of seven (?) members elected at
large with duties as prescribed in RCW 35A. 3.2,010 et seq., and as provided by law.
City Utility Systems Division Director - The,head of the Utility Systems Division of the City
Planning/Building/Public Works Department who is responsible for coordinating and facilitating
the management of the Project and the carrying out of responsibilities set forth in this
Agreement.
DNR - The Washington State Department of Natural Resources, a public agency of the State of
Washington organized under Chapter 43.30 RCW.
Dredging - The removal of sands, gravels, other unconsolidated sedimentation deposits from an in-
water location using a clamshell, dragline, hydraulic mechanism, or other means.
Disposal - The permanent relocation of dredged materials, including unwanted sub-surface materials
such as logs, stumps, and rootballs.
EIS -The Final Environmental Impact Statement for the project initial construction and maintenance.
FCSA - The Feasibility Cost Share Agreement between the USACE and the City of Renton to
provide initial planning, initial design and EIS for the project.
AGREEMENT BETWEEN THE CITY OF RENTON AND THE
BOEING C%1?AN7_Y- Page 3
MAY-30-20e2 14:47 CITY OF RENTON PBPW 425 430 7241 P.04/15
Inner Harbor Line - A line defining the boundary of an area to be protected for harbor uses.
Coincidental with property owned by Boeing (landward) and the State of Washington
(lakeward) managed by the DNR.
Levees -The placement of fill and/or structures for the containment of floodwaters.
PCA - Project Cooperation Agreement. A specific agreement between the United States Army
Corps of Engineers (USACE) and the City of Renton required by the USACE prior to
construction of the project.
Permitting_Permit Review, Pen-nit Processing - The procedures or process of analyzing or deciding
upon any license, permit, approval or concurrence by the City with respect to the project.
Plant - The Boeing Commercial Airplane Group Plant located at 800 Park Avenue North, Renton,
WA.
Project - The project scope as set forth in Exhibit 'W', including dredging of the lower
approximately I.25 miles of the Cedar River, levees along the lower approximately l.25 miles
of the Cedar River, the modification of the South Boeing Bridge to include a lifting mechanism,
required environmental mitigation measures and maintenance over the project life as identified
in the PCA-
Project Cost Sharing Matrix - The proposed distribution of project costs among the project funding
partners as set forth in Exhibit"C", which defines the amount of funding to be provided by each
member of the project funding partnership_ Each partners share of the cost will depend on the
final number of members that join the project funding partnership. Project cost will be
distributed equally among the project funding partners.
Pr iect -Schedule - The schedule agreed to by the City and Boeing for permitting and constructing
the project, as set forth in Exhibit "B".
SEPA The State Environmental Policy Act, Chapter 43.21C RCW, and associated regulations,
Chapter, 197-11 WAC.
USACE - The United States Army Corps of Engineers, a public agency of the United States of
America.
Water Dependent Use - Referring to _the uses or activities which necessarily require a shoreline
location as a major and integral part of the use or activity.
SECTION 2 : PURPOSE OF THIS AGREEMENT
The purpose of this Agreement is to set forth the respective rights and obligations of Boeing and the
City regarding the Project and its funding,
The Project scope consists of the engineering design, permitting, project management, dredging the
Cedar River, the construction of levees, the modification of the South Boeing Bridge to fit it with a
lifting mechanism, and project maintenance as illustrated in Exhibit "A". Included is the assessment,
design_ permitting, construction and maintenance of aquatic and avian habitat incorporated as
replacement mitigation for that w ' . c -
p g loch wrll be lot or displaced by the protect dredging and levees.
AGREEMENT BETV EREN THE CITY OF RENTON AND THE
BOEING COINTANY -page 4
MAY-310-2002 14:48 C I T`; OF RENTON PBPW 425 430 7241 P.05/1
Boeing and the City will share equally in the non-Federal portion of the project cost, with reduction
of said non-Federal portion by any additional partnerships and/or sale of the dredged material.
Boeing will perform design and construction of the South Boeing Bridge Modifications (as
illustrated in Exhibit "A") and required relocation of Boeing owned existing onsite utilities as part of
the project. Notwithstanding the foregoing, the amount payable by Boeing will not exceed One
Million Fifty Thousand Dollars ($1,050,000), provided, however (1) if additional partners beyond
Boeing, the City and King County agree to share costs for the Project, the share paid by such
partners shall be applied to the reduction of the shares of the City and Boeing ratably; (2) sale of
dredged material which results in net proceeds beyond $853,000 shall be applied to reduce the shares
of each partner ratably to such partner's share of costs; (3) any increase in costs of the South Boeing
Bridge Modifications, not including design costs and the costs of the hydraulic truck and any
equipment paid for by the City, above $1,040,000, which are due to requirements of Boeing over
those provided for in this Agreement will be paid by Boeing, and (4) if the total project cost exceeds
58,515,000, for any other reason, the parties will in good faith attempt to agree(without either party
being obliged to agree) on how such additional costs will be shared.
The scope and intent of this Agreement is limited to the terms and conditions herein stated and shall
not be construed to provide or allude to moneys, property rights, administrative procedures or
physical restoration in any amount, kind or extent beyond those herein specified; nor, shall the
provisions of this Agreement be construed to apply, in any manner, to any business between the
parties other than those relating to the dredging: of the river., the construction of the levees,
modification of the South Boeing Bridge, requisite mitigation measures and project maintenance.
SECTION 3 : TERM AND EFFECTIVE DATE OF AGREEMENT
This agreement shall commence on the date first endorsed by both parties and, unless earlier
terminated pursuant to Article 12, shall terminate at the end of the project life as specified in the
PCA.
SECTION 4 ._ PROJECT ADMINISTRATION
The work described herein shall be performed under the coordination of the Boeing Company's
Project Manager, and the City of Renton's Project Manager, who will provide assistance and
guidance to the other party necessary in accordance e with the terms of this Agreement.
4.1 Common Overall Responsibilities, The Boeing Commercial Airplane Group Renton
Division (BCAGRD), Director of Facilities and Plant Engineering; and the City
Administrator of the Planning/Building/Public Works Department shall use
collaborative problem solving and negotiation techniques to revieN;.- and attempt to
resolve perceived conflicts that cannot be resolved by the Project Managers, or thv
Division Committee.
4.2 Common Division Manager Responsibilities. The BCAGRD Senior Manager of Facilities
and Plant Engineering and the City Utility
Systems Division Director shall:
AGREEMENT BETWEEN THE CITY OF RENTON AND THE
BOETNG COMPANY" - Pave 5
MAY-30-2-002 14:48 CITY OF RENTON PEPW • 425 439 7241 P.90/15
4.2.1 Serve as the point of contact and liaison during project implementation for each parry.
This responsibility may be delegated to other staff members for particular functions or
purposes by mutual consent of the City Utility Systems Division Director and the
BCAGRD Senior Manager of Facilities and Plant Engineering. This responsibility
shall not abridge statutory or permit issuance responsibilities of other City officials,
boards, or commissions.
4.2.2 Use collaborative problem solving and negotiation techniques to review and attempt
to resolve perceived conflicts that cannot be resolved by the Project Managers.
4.2.3 Review and revise, as necessary, the Project Schedule set forth in Exhibit "B".
4.3 Common Project Manager Responsibilities. . The Boeing Company Project Manager shall
have responsibility for the project for the Boeing Company. The City Project Manager shall
have responsibility for the project for the City. The Project Managers shall:
4.3.1 Provide each other, within a reasonable amount of time, with current and necessary
information as requested that pertains to their respective responsibilities under this
Agreement, in order to expedite review.
4.3.2 Use collaborative problem solving and negotiation techniques to identify and attempt
to resolve issues related to project implementation.
4.3.3 Convene meetings as necessary with the Division and Department Committees to
discuss substantive issues, the Project Schedule, and activities related to the design,
construction, and implementation of the project.
4.3.4 Meet with any City or Boeing Company technical, advisory, design review, or citizen
advisory committees or other interested persons as needed to carry out the purposes
of this Agreement.
4.3.5 Accommodate or utilize,--upon request, reasonable opportunities to brief the City
Council or the management of the Boeing Company on the status of the project.
SECTION 5 : RESPONSIBILITIES OF THE CITY OF RENTON
The City shall be responsible for the following:
5.1 Planning, engineering,(other than design and construction of the modification of the South
Boeing Bridge), permitting and project management for the preparation of the construction
plans, specifications, and cost estimates for the dredging, levees, mitigation and restoration
portion of the contract for the project life as provided through FCSA and PCA between The
City of Renton and the U.S. Army Corps of Engineers.
5.2 Contracting, including advertising, bidding, selection and award of dredging, levees and
nutigation construction contract as provided through the PCA between The City of Renton
and the U.S. Army Corps of Engineers. (Excluding those portions of the construction of the
modification of the South Boeing Bridge to be done by Boeing)
5.3 Administering, inspecting and paying for the dredging, levee and mitigation construction
contract as provided through the PCA between The City of Renton and the U.S. Army Corps
of Engineers. (Excluding those portions of the construction of the modification of the South
Boeing Bridge to be done by Boeing)
5.4 Securing all necessary permits and approvals for the Project, including the City's Fill and
Grade permit, Building Permit (except the City Building permit for the Boeing Modifications
to the South Boeing Bridge and utility relocation's), SEPA compliance in concurrence with
AGREEIvfENT BETWEEN TgE CITY OF RENTON AND THE
BOEING COMPANY -Page 6
MAY-30-2002 14:48 CITY OF RENTON PBPW 425 430 7241 P.07"15
Boeing, and Shorelines Master Plan permit; the Army Corps of Engineers permits, the
Washington State Department of Fisheries Hydraulics Project Approval permit, the
Washington State Department of Ecology's Temporary Water Quality Modification permit,
and the DNR permits as provided through the PCA between The City of Renton and the U.S.
Army Corps of Engineers.
5.5 Verifying that the project and its construction and maintenance are at all times in compliance
with Federal, State, and local Iaws, and the PCA between The City of Renton and the U.S.
Army Corps of Engineers. (Excluding those portions of the maintenance of the South
Boeing Bridge to be done by Boeing)
5.6 Maintaining accurate records of the planning, design, sediment sampling -and analysis,
permitting, and dredging and construction that are consistent with the USACE funding
Agreement.
5.7 Satisfying Project mitigation identified for the project elements of this project as provided
through the PCA between The City of Renton and the U.S. Army Corps of Engineers..
5.8. Providing invoices to Boeing for payment of work in accordance with Section 1 1 herein and
Exhibit "C".
5.9 Paying for the design and engineering consultant for the work on the South Boeing Bridge
modifications at the expense.of approximately $280,000. The parties have chosen a design
and engineering consultant for the work on the South Boeing Bridge modifications at the
expense of approximately$280,000.00. The City of Renton will pay such amount.
5.10 Supplying a satisfactory operations and maintenance manual for the project in collaboration
with Boeing.
5.11 Paying for the truck and equipment on the truck used for the hydraulic jacking of the South
Boeing Bridge, which purchase shall be handled by Boeing in coordination with the City.
SECTION 6 : RESPONSIBILITIES OF BOEING
Boeing shall be responsible for the following:
6.1 Providing the design and construction for the modification of the South Boeing Bridge.
Providing all maintenance of the South Boeing Bridge and its modifications.
6.2 Designing and constructing utility relocation for those utilities held by Boeing requiring
relocation due to the project.
6.3 Providing the City with funding in the amount determined pursuant to Section 2.
6.4 Keeping records: Boeing shall assist the City in maintaining accurate records of all work
related to the Project necessary as supporting documentation for compliance with the all
project funding Agreements.
6.5 Granting the City access over and across the north and south Boeing bridges for maintenance
purposes. The City shall provide notice of the need for maintenance access, except in the
event of an emergency in which case immediate access will be allowed. This agreement
grants the City access over and across Boeing property for maintenance purposes. Boeing
will develop, in cooperation with the City, the required time constraints and logistic;
associated with any required access prior allowing maintenance access.
AGREEMENT BETWEEN THE CITY OF RENTON AND THE
BOEING COMPANY- page 7
MAY-30-2302 14:49 CIT`( OF RENTON PBPW 425 430 7241 P.02i15
SECTION 7.-TIMING OF PROJECT
The City and the Boeing Company will make all best efforts to assure that construction can occur
and be completed in 1998 pursuant to the Project Schedule attached as Exhibit "B".
SECTION S :ACCESS TO SITE
The City of Renton, its contractor and authorized personnel, and agents of the City are hereby
granted the right and permission of access and use of that portion of the Boeing Company property
necessary for the removal and transport of dredge spoils and fill materials, levee construction and in
order to make modification to the South Boeing Bridge as shown in Exhibit E attached hereto across
the north and south Boeing bridges. Access to Boeing property shall be in accordance with Boeing
Company Rules and Security requirements, and shall be limited to the duration of the project or
during maintenance.
SECTION 9.-LEGAL RELATIONS-HOLD HARMLESS
9.1 General Indemnity. To the maximum extent permitted by applicable law, the City of Renton
and The Boeing Company shall protect, indemnify, defend and hold 'harmless each other, and
their respective employees, agents, contractors, subcontractors, officers, directors, attorneys,
successors and assigns, from and against any and all liabilities, damages, claims,demands,
judgments, losses, harm, costs, expenses, suits or actions, including but not limited to
appeals, caused by the negligent acts, omissions or intentional misconduct of the indemnifying
party, its agents, employees, contractors, subcontractors, officers, directors, attorneys,
successors or assigns, arising out of or in connection with or as a result of this Agreement or
the performance by the indemnifying party of any of its obligations hereunder.
The City and Boeing shall, to the maximum extent allowed through agreement between The
City of Renton and the U.S. Army Corps of Engineers, ensure that each of their respective
contractors and their subcontractors who perform work in connection with this Agreement,
provide an indemnity, enforceable by and for the benefit of the City and Boeing, causing each
such contractor and subcontractor to indemnify and hold harmless the City of Renton,
Boeing, their respective subsidiaries, and their directors, officers, employees and agents from
and against all actions, causes of action, liabilities, claims, suits,judgments, liens, awards, and
damages, of any kind and nature whatsoever (hereinafter "Claims"), for property damage,
personal injury or death (including without limitation, injury or death to employees of such
contractors or any subcontractors) and expenses, costs of litigation and counsel fees related
thereto, or incident-to establishing the right to indemnification, to the extent such claims arise
out of the negligence or intentional misconduct of such contractor or subcontractor in
performance of work in conjunction with this Agreement.
AGP—PEMENT BETWEEN THE CITY OF RENTON AND THE
BOEING COMPANY- Paae 8
MAY-30-20 12 14:49 CITY OF PENTON PBPW 425 430 7241 P.09.,15
The City and Boeing shall cause, to the extent allowed by the USACB, each such contractor
and subcontractor to waive any immunity under industrial insurance, whether arising from
Title 51 of the Revised Code of Washington or any other statute or source to the extent of
the indemnity required in the paragraph above, and the City and Boeing do hereby similarly
waive, as it relates to each other, any immunity under Title 51 RCW. In the event that either
Boeing or the City is successful in proving that the foregoing inderruuty is limited by RCW
4.24.115, the successful party shall defend, indemnify and hold harmless the Indemnitees to
the full extent allowed by RCW 4.24.115.
SECTION 10 : LEGAL RELATIONS- INSURANCE
The City and Boeing shall endeavor, to the extent allowed through agreement between The City of
Renton and the U.S. Army Corps of Engineers, to ensure that each of their respective contractors
and any of their subcontractors who perform work in connection with. this Agreement, provide
Commercial General Liability insurance with limits of not less than One Million Dollars ($1,000,000)
per occurrence, Two Million Dollars ($2,000,000) general aggregate, for bodily injury, including
death and property damage combined. Such insurance shall contain coverage for all premises and
operations, broad form property damage, contractual liability and products and completed operations
insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and in the
aggregate for up to a maximum of two-years following the completion and final acceptance of the
project. Any policy which provides the insurance required under this paragraph shall be endorsed to
name Boeing, its subsidiaries, and their directors, officers, agents, and employees, and the City, its
elected officials, agents and employees, as additional insured with respect to liability arising out of or
in any why related to contractor's or any subcontractor's work in connection with this Agreement
without qualification, limitation or reservation.
If licensed vehicles will be used by any of the City's or Boeing's contractors or any of their
subcontractors in connection with this Agreement, the City and Boeing shall ensure that each such
contractor and subcontractor carries and maintains Automobile Liability Insurance covering all
vehicles, whether. owned, hired, rented, borrowed or otherwise, with limits of liability of not less
than One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and.
property damage.
SECTION 11 PAYMENT OF FUNDS
Subject to the conditions of this agreement, Boeing will make payment on invoices submitted by the
City of the amounts provided for in Section 2,
SECTION 12 : ABANDONMENT OF PROJECT AND TERMINATION OF AGREEMENT
In the event of unanticipated financial or regulatory impediments; this Agreement may be terminated
by Boeing or the City upon thirty(30) days advance written notice; only prior to the City signing the
USACE PCA. After execution of the PCA, the agreement will remain in effect until termination of
AGREEMENT 13ETWEEN THE CITY OF RENTON AND THE
BOEING COMPANY -Page 9
•• •• ••� �.�.�c +.� •�� V A i i ur fCCii 1 uri rnr-w 4GJ 4,)U (441 r". IUZ 1=1
the PCA. Each party shall be responsible for fulfilling any obligation that has accrued prior to the
date of termination.
Section 9 (and all other provisions of this Agreement which may reasonably be interpreted or
construed as surviving the completion, cancellation or termination of this Agreement) shall survive
the completion, cancellation or termination of this Agreement.
SECTION 13 : WAIVER
No waiver by either parry of any term or condition of this Agreement shall be. deemed or construed
as a waiver of any other term or condition. No waiver shall be effective unless in writing.
SECTION 14 : AMENDMENTS
Any amendments or modifications of this Agreement shall be made in writing executed, by the parties
hereto, and neither the City or Boeing shall be bound by verbal or implied agreements.
SECTION 15 :DISPUTE RESOLUTION
15.1 Resolution by the Project Managers. The Project Managers shall use their best efforts to
resolve disputes and issues arising out of or related to the project.
15.2 Boeing Company/City of .Renton Department and Division Committees. The Boeing
Company and the City shall establish Department and Division Committees that will meet as
necessary to resolve issues related to the project and the carrying out of the provisions of this
Agreement. The Project Managers will jointly provide staff.support to the Department and
Division Committees by facilitating its meetings and by establishing mutually agreed upon
meeting dates and agendas. The Department Committee shall consist of the Boeing
Commercial Airplane Group Renton Division (BCAGRD), Director of Facilities or their
designated representative and the City Administrator of the Planning/Building/Public Works
Department, The Division Committee shall consist of the BCAGRD Senior Manager of
Facilities and Plant Engineering and the City Utility Systems Division Director.
15.3 Resolution by the BCAGRD Senior.Manager of Facilities and Plant Engineering and the City
Utility Systems Division Director. In the event that disputes cannot be resolved by Project
Managers the BCAGRD Senior Manager of Facilities and PIant Engineering and the City
Utility Systems Division Director (together the "Division Committee") will apply their best
efforts to resolve disputes and other matters between the Boeing Company and the City
arising out of or, related to the project. Each of the Division Managers will consult with
responsible staff and officials from their respective organizations regarding existi ig
requirements or other policies and procedures before attempting to resolve disputes.
15.4 Resolution by the BCAGRD Director of Facilities and Plant Engineering and the City
Administrator of PlanningMuildine/Public Works Department. If the Division Committee is
unable to resolve a matter within five (5) days of the time such matter is properly referred to
them.; the Division Managers shall ask the BCAGRD Director of Facilities and the City
Administrator of the Planning/Building/Public Works Department (together the "Department
AGREEMENT BETWEEN THE CITY OF RENTON AND THE
BOF,FNrG COMPANY Page 10
_..._.. . _. __ ."-
Committee") to resolve the dispute. In the event of an emergency, a project dispute may be
referred directly to the Department Committee for resolution.
15-.5. Exhaustion of—the-Dispute-Resolution Section. -The Boeing Company-and-the.City. agree to
exhaust each of these procedural steps before seeking to resolve disputes in a court of law or
other tribunal.
15.6 Dispute resolution shall be included in every contract or subcontract unless prohibited by the
U.S. Army Corps of Engineers.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day last written
below.
CITY NTON THE BOEING COMPANY
MayVr Besse Tanner Director oi Facilities and ervices, Boeing
Commercial Airplane Group Renton.Division
Date 6 Date:
ATTEST:
Marilyn Z to n
City Clerk
Date:
Ap A AST '-FORIMI .,
Lawrence J.-Warren
City Attorney
Date:
city 15:24,as.
AGREEMENT BETWEEN THE CITY OF RENTON AND THE
BOEING COMPANY-Page 11
c��� t�•JJ i i i r r�.�ri UlY rrrw +GJ 4�er rG i1 r.1G•'1J
EXHIBIT "A" : PROJECT SCOPE
The-purpose of this-project is to reduce flood Hazards and'associated flood damages caused-
by flooding of the Cedar River in Renton. The project consists of the following:
A. Dredging to a depth of approximately four feet below the 1995 channel bottom from
Lake Washington to the Logan Avenue North Bridge over the Cedar River, then
tapering to a dredge depth of zero feet at or near the Williams Avenue North Bridge
over the Cedar River at approximately river mile 1.25.
B. Construction of levees/floodwalls along the right and left banks of the Cedar River
from Lake Washington to approximately river mile 1.25, including_restoration.
C. Modification of the South Boeing Bridge with a hydraulic system that will jack the
bridge up to allow flood flows to pass during extreme flood events. Boeing shall have
sole authority for contract administration and construction management over the
South Boeing Bridge.
D. Planting_of habitat enhancement in the project construction area and the construction
of a ground water salmonid spawning channel on City owned property east of the
Maplewood Golf Course to mitigate for project impacts,
E. Maintenance and operation of the project following construction. Maintenance
dredging will be required. whenever sediment accumulation meets or exceeds the
maximum acceptable figure for sediment accumulation in the operations and
maintenance manual if financially feasible and the necessary permits can be obtained.
Annual maintenance of the South Boeing Bridge jacking system, floodwalls/levees
and vegetation will also be.required over the life of the project. Costs associated with
maintenance and operation are separate from the total initial project construction cost.
AGREEMENT BETWEEN THE CITY OF RE\TTON A-TD THE
BOEING COMPANY -Page 12
- -___ _ __ _ .. .� ..�.. i ✓ w -1GJ `Y.JV IG`11 r.t�v l�
EXHIBIT "B"' : PROJECT SCHEDULE
The following is the General Project Schedule provided by the U.S. Arm
Corps of Engineers, Seattle Branch dated March 9, 1998.
TASKS COMPLETION
DATE
USAGE request project approval and construction funds 3/9/98
LTSACE approval of ro ect and construction funds from HQ 3/10/98
Complete Plans and Specs. for Phase I Construction 3/13/98
Obtain all necessary local, state and federal permits for the 4/17/98
project
Execute USACE Project Cooperation A eement 4/20/98
Certify Real Estate 5/5/98
Phase l Construction-Dredging, Bride &N iti ation
Route USACE Form 1. to authorize advertisement 3/23/98 EE]
Advertise for Phase 1 construction bids 4/07/98
Open Phase I construction bids 5/07/98
Local sponsor funding provided for non-federal share of 5/11/98
project cost
Award Phase 1 construction contract 5/21/98
Notice to procced with Phase I construction is issued 6/3/98
Phase I construction starts 6/15/98
Phase 2 Construction -Levees & Floodwalls -
Route USACE Form 1 to authorize advertisement 5/27/98
Advertise for Phase 2-construction bids 6/10/98
-Open Phase 2 construction bids 7/17/98
Award Phase 2 construction contract 7/31/98
Notice to proceed with Phase 2 construction is issued 8/13/98
Phase 2 construction starts 8/24/98
Phase 2 flood control facilities are operational 11/15/98
Complete restoration of project area and mitigation measures. 6/1/99
Make Enal Payment to contractor
Start Project monitoring 6/2/99
Perform project O&M as required by project O&M manual. On-going
AGREENfENT BETW7EEN'THE CITY"OF RENFON AND THE
BOEING COMPANY- Page 13
EXHIBIT "C" : PROJECT COST SHARING MATRIX
Attached is the project cost sharing matrix.
AGREEMENT BETWEEN THE CITY OF RS-NTON AND THE
BOEDgG COMPANY - page 14
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