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Home My WebLink About5.55 Original ContractAGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND CITY OF PORT ANGELES FOR LOCAL COOPERATION FOR EDIZ HOOK BEACH EROSION CONTROL, PORT ANGELES, WASHINGTON THIS AGREEMENT entered into this %4 day of SA/+e 1976 by and between the UNITED STATES OF AMERICA (hereinafter called the "Government represented by the Contracting Officer executing this agreement, and CITY OF PORT ANGELES (hereinafter called "City WITNESSETH THAT: WHEREAS, the Ediz Hook Beach Erosion Control (hereinafter called the 5 55 "Project was authorized under authority of Section 4 of the Water Resources Development Act of 1974 (Public Law 93 -251), and is substantially as shown on attached drawings hereto and made a part hereof; and WHEREAS, the City hereby represents that it has the authority and capability to furnish the non Federal cooperation required by the Federal legislation authorizing the Project and by other applicable law. NOW, THEREFORE, the parties agree as follows: 1. The City agrees that, if the Government shall commence construction of the Ediz Hook Beach Erosion Control Project substantially in accordance with Federal legislation authorizing such Project, Section 4 of Public Law 93 -251, the City shall, in consideration of the Government commencing construction of such Project, fulfill the requirements of non Federal cooperation specified in such legislation, to wit:. a. Provide -without cost to the United States all necessary lands, easements, and rights -of -Tway required for project construction and sub- sequent beach nourishment; b. Hold and save the United States free from claims for damages that may result from construction or maintenance of the project; c. Contribute in cash the required share of the first costs of the beach protection works, presently estimated at $424,000 (6.9 percent) to be paid in a lump sum prior to start of construction, or in installments prior to start of pertinent work items in accordance with construction schedules as required by the Chief of Engineers, the final apportionment of the first cost to be made after actual costs and values have been deter- mined and to be based on existing conditions of public use and ownership at the time of construction; d. Contribute in cash the required share of the costs during the life of the proj`st -formaintenanc4 -and repair of the revetment works, presently estimated at $7,800 annually (10.9 percent); and periodic beach nourishment, presently estimated at $14,500 annually (6.9 percent) for the first 10 years and 22,900 annually (10.9 percent) thereafter, as may be required to serve the intended purpose, subject to Federal participation in the cost of periodic nourishment for an initial period of 10 years; 2 e. Assure continued public ownership of the shore upon which the amount of Federal participation is based and its administration for public use during the economic life of the project; and f. Provide and maintain public access, parking, and appurtenant facilities for recreation necessary for realization of project benefits. 2. The City further agrees to: a. Comply with the Department of Defense Directive under Title VI of the Civil Rights Act of 1964 (PL 88 -352) (78 Stat. 241) and all require- ments imposed by or pursuant to the Directive (32 CFR Part 300, issued as Department of Defense Directive 5500.11, December 28, 1964) to the end that no person in the United States shall, on the grounds of race, color, religion, sex or national origin be excluded from participation in, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity for which the City receives Federal financial assistance from the Corps of Engineers, Department of the Army, in connec- tion with this Project. Also non discrimination because of age at least 40 but less than 65 years of age. b. Comply with Sections 210 and 305 of Public Law 91 -646 approved 2 January 1971 entitled the Uniform Relocations Assistance and Land Acquisition Policies Act of 1970. 3. The City hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon land which the City owns or controls, for access to the Project for the purpose of inspection, and for the purpose of completing, operating, repairing and maintaining the Project, if such 3 inspection shows that the City for any reason is failing to participate in the Project in accordance with the assurances hereunder and has persisted in such failure after a reasonable notice in writing by the Government delivered to the Mayor, City of Port Angeles, Washington. No completion, operation, repair and maintenance by the Government in such event shall operate to relieve the City of responsibility to meet its obligations as set forth in paragraph 1 of the agreement, or to preclude the Government from pursuing any other remedy at law or equity. 4. This agreement is subject to the approval of the Secretary of the Army. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. The foregoing agreement has been reviewed as to form and substance; consideration has been given to the effect of Section 221 of the Flood Control Act of 1970; the obligation of continued performance is not contingent upon any post- con u«encement act of the sponsoring agency; and the said agreement is hereby approved. Incl As stated Date 4 /977 Attorney for City'of Port Angels THE UNITED STATES OF AMERICA By:tf Colone Corps of ipngineers District Engineer, Seattle Contracting Officer APPROVED: DATE: 3a //9 7 By: Director of Real Estate] FOR THE SECRETARY OF THE ARMY 5 CITY OF PORT ANGELES, WASHINGTON ,f,t,ar,„(29454. CERTIFICATE OF AUTHORITY I, S y E /9. 44%/20/2- do hereby certi:y that I am the A for the City of Port Angeles, that the City of Port Angeles is a legally constituted public bony with full authority and capability to perform the terms of the agreement between the United States of America and the City of Port Angeles in connection with the Ediz Hook Beach Erosion Control Project, and to pay damages, if necessary, in the event of the failure to perform in accordance with Section 221 of Public Law 91 -611 and that the person(s) who have executed the contract on behalf of the City of Port Angeles have acted within their statutory authority. In Witness Whereof, I have made and executed this Certificate this /4 day of 1976. 1' CORPS OF ENGIN PROJECT LIMITS FOR OBSERVATION x Jr 1 '120 -60 CROWN ZELLER gA CORP ORATION 6 i EXISTING 110 4ASI% T 1 VE yyORK AT E ACH END PROPOSED BEACV -I PROTECT 1 00 TRANSITION i."a INCLUD o r11 1 aQ N ~t 80 t 2SZ c0 OAsT GUARD 8 th II WEST' #OUNDARY OF BASE r, T 80 P LOT STATION FAC�LI rn 77 rn -30 000 2000 ar E IN FEET I.T.T. otw RAYONIER INC. CD .o, PORT ANGELES 1 EDIZ HOOK LANES TIDAL DATUM PLANES IN FEET EQ ►Z H OOK PORT ANGELES 11.00 11.0 7.10 4.45 0.00 -3.50 DATUM PLANE HIGHEST TIDE(ESTIMATED) MEAN HIGHER HIGH WATER MEAN SEA LEVEL MEAN LOWER LOW WATER LOWEST TIDE (ESTIMATED AND AUTOMATIC GAGE OPERATION BY U.S.C. ii B ASED ON I YEAR APRIL 23 MAY 22 G.S. (1934 1935 AND 58 LOW WATERS (APRIL WATERS ON 59 HIGH AND 12 HIGH AND U. S C. AND BASED AT PORT ANGELES OBSERVED BY 1892} 1926} AT EDIZ HOOK (JULY 6 1 G.S. NOTE S: SOUNDINGS AND REFER TO DEPTHS BELOW I MINUS MEAN OLOWER LOW WATER. ON THIS MAP ARE 2' C ONTOURS AND INFORMATION DEPICTED CORPS OF ENGINEERS DRAWING NO. D- 1 -5 -g4. BASED ON LEGEND ROCK REVETMENT TRUCTURES BUILDING STREETS CONTOURS IN FE ET it NAVIGATION AID STRUCTURE R AILROAD EXIEXISTI 22,5 OR 7.20 3.9 0.00 -4.00 BE ACH FEED LOCATION row THIS PROJE 0 Ermar SEAT P A S H t N G 7 a N T ACOMA R E G O H co pT ♦IiGELE CLALLAM COUNTY JEFFERSON COUNTY I g0UTA1e LOCATION MAP SCALE IN w p i T r SNELTO VICINITY m I �M AP Scow yo PORT ANGELES. p�E NO J INy1TAT10M NO GENERAL PLAN Mt Romlat ws 10,s Y s. N, C 0 room wormerr COMTROI BEACH EROSION E012 HOOK M ASH 111 0' KATi 5j -93 fl 100' TRANSITION E 2 42 EXISTING BASELINE EXISTING ROADWAY SHOULDER GRADE 1 FINISHED EXISTIN BULKHE 0 S R A r. 10' +t8.WT5* W59 *00 EL ROCK VARIES piMOR 9' EL 12 APPROXIM EXCAVATI L IMITS REMOVE AND REUSE EXISTING ROCKS CLASS "C" ROC ya dila% EXISTING GROUND LINE TYPICAL SECTION I SCALE I 0 OE J U A N 0 C VARIES 20' EB BA5H F U C BEACH FEED FILL, SEE PLAN FOR LOCATION PER (APPROXIMATELY 15 C FOOT OF BEACH) IN SCALE IN 1 200' h00' 50' EXISTING ROADWAY OR SHOULDER ANGLE OF REPOSE EXISTIN BULKHEA TB P M EL L OF GROIN ENO PILING t `1 A\N $£L E POR 10` STA W59 TOO p0 E` STA 0 *00 TO :I E15* VARIES 2 9 EL *1' 2 s 5 TI °34 33 1.000 00' BOR BEACH FILL. SEE PLAN FOR LOCATION (APPROXIMATELY 15 FEED C Y PER FOOT OF BEACH) ?PPROXIN EXCAVAT L IMIT REMOVE AND REUSE EXISTING ROCKS CLASS ROC YPI C A L SCAL IO S E C T FEET 10 IN 5 Q EXCAVATE TO EL02 MLLW EXISTING GROUND SURFAC 20 0 1GLE OF REPOSE J CORD voosootaM E012 HOOK BEACH EROSION CONTROL PLAN AND SECTIONS 10 STA NR2 *4D TO PORt ANG S NO w+0 N0 0-1- R NhNSON ..,.e. SCNULOT C WASF 101 65+ M4N 300 out w'ryry3 w+ N a E6'S'1_0' S30N a1 Od 45414 S0.9M OS O1.S0 515 14011735 ONV Wild W0439 SOON 1 1 081140 0 I,p150a3 M 'NP1 TOISSS 000 3S0 30 3'10144 S11W p1O11 3X3 314 44140k1344 30tl jaf VOWS 014 1SIX3� 1 X308 31014 33S 013439 3O 1004 140{1400'1 ao3 N4 0 91 1131414I4083341 33S '111 3 0334 1.3439 t1. 13 S3 p8 cowl 13 OO11VSVS 01 00.913 .91. S310 1 3143S p% 133— ldotaxl N011� 1 1S1X3 0N gX00tl 0144 SNOW38 350 tr 01 ■01 S31114 X3 08 .3.. SS413 oN11S143 l�C 1,":"4/40/., 33 4 aa(15 ON00a0 a0 a30l00N5 14Mo4oa aN11slx3 1 PLAN SCALE IN FEET 100'50' 0 100' 200' NOTES o ao@a exMa40 F g TWOQa' ff#NOCKik PLATES €3 OD <Q g0gb. QITQ 0+00 Q a Q 10'D OC64 MO is GLL6UW ,a, S TB9 °00 °33 1,000,00' t I AVAILABLE STAGING AREA WILL BE PROVIDED BY THE LOCAL SPONSOR ALONG THE STRAIT SIDE OF THE ROAD FROM APPROXIMATELY STATION E14 +00 TO E26100 2 LOCATION OF UNLOADING FACILITY FOR BARGE DELIVERED ROCKS ON THE HARBOR SIDE WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO COORDINATE WITH THE LOCAL SPONSOR U. 5. ARMY ENGINEER DISTRICI, SEATTLE CORPS OF ENGINEERS SEAM, WASHINGTON EDIZ HOOK BEACH EROSION CONTROL PLAN STA 018 +05 TO E26 *30 PORT ANGELES Tg I MOUTON NO SU NO. F D- I -5 -93 sew ENNAN /LAZO 1.. HANSON/SCHULOT 1 1+10 WASHINGTON NATE 5 :ErFNIP It :I t iv rt oNliantarliO 44 7 1iritftqf 860 ow CoMFORTSW11 irsT VAINANINIMPAP 8:0 5 4.° 0 1 3 6 4 0 4 0 0 EWT 1 ,000 0 e tvv,v S:C :4, *ft N 81°46 '3,1"W TT- 441 °044T 44' PLAN SCALE IN FEET 100 50' 0 100' 27 f- f c s ,416338644, L a N 810 4;334v '.00 REVISIONS DESCRIPTION 6 0 0tCco:' IL S. ARMY ENGINEER DISTRICT, SEATTLE CORPS OF ENGINEERS SMAITL E012 HOOK BEACH EROSION CONTROL PLAN STA E26.30 TO E62.20 PORT ANGELES w' I DONTNTION 140 I 0* 040 0-1-5-93 F oAn, 00044 EKNAN/LI20 1 HAMS011/SCHULDT 1 3404444 WASHINGTON 6 4 PLAN SCALE IN FEET 100' 50' 0 100' 200' U. 5. ARMY ENGINEER DISTRICT, SEATTLE CORPS OF ENGINEERS WmL WAEIYMOToN EOIZ HOOK BEACH EROSION CONTROL PLAN STA E62•20 TO E91.84 PORT ANGELES whLaLt GTON m ATOM NO Mu NO MM F Iw REVISIONS 0- 1 -5 -93 mcx ENMAN /LAZO 1 a.K. NANSON /SCNULDT 1 WEFT 7 WHEREAS, the City of Port Angeles in a letter of intent submitted to the U. S. Army Corps of Engineers on April 6, 1976, signified its intentions of complying with the requirements established for this project; and WHEREAS, the City of Port Angeles has the authority and capability to furnish the non federal cooperation required by the Federal legislation authorizing the project and other applicable laws; and WHEREAS, the Ediz Hook Beach Erosion Control Project was authorized under authority of Section 4 of the Water Resources Development Act of 1974 (Public Law 93 -251); and WHEREAS, the Ediz Hook Beach Erosion Control Project has reached the state of development wherein an agreement for local cooperation and an agreement for Escrow Deposit are required of the City to enable the project to proceed and copies of said agreements have been presented to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles that the Mayor is authorized to sign the Agreement for Local Cooperation and the Escrow Deposit Agreement between the City of Port Angeles and the United States of America referred to above. PASSED by the City Council of Port Angeles this 14th day of June, 1976. Attest: 4 12:4// City Clerk RESOLUTION NO. y -76, A RESOLUTION of the City Council of the City of Port Angeles authorizing the Mayor to sign two Agreements between the United States of America and the City of Port Angeles dealing with the Ediz Hook Beach Erosion Control Project. Carleton B. Olson, Mayor 3 5.s5 i Approved as orm: City Attorney ,1 1 Gentlemen: 6 Department of the Army Seattle District, Corps of Engineers P. 0. Box C -3755 Seattle, Washington 98124 TOURIST MECCA OF THE NORTHWEST 140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362 April 6, 1976 r This is to advise you that the City of Port Angeles has reviewed a draft of the local cooperation agreement and assures its willingness to meet the following conditions: a. Provide without cost to the United States all necessary lands, ease- ments, and rights -of -way required for project construction and sub- sequent beach nourishment; b. Hold and save the United States free from claims for damages that may result from construction or maintenance of the project; c. Contribute in cash the required share of the first costs of the beach protection works, presently estimated at $424,000 (6.9 percent) to be paid in a lump sum prior to start of construction, or in installments prior to start of pertinent work items in accordance with construction schedules as required by the Chief of Engineers, the final apportion- ment of the first cost to be made after actual costs and values have been determined and to be based on conditions of public use and ownership at the time of construction; d. Contribute in cash the required share of the costs during the life of the project for: mainte nance and repair of the revetment works, presently estimated at $7,800 annually (10.9 percent); and periodic beach nourishment, presently estimated at $14,500 annually (6.9 per- cent) for the first 10 years and $22,900 annually (10.9 percent) there- after, as may be required to serve the intended purpose, subject to Federal participation in the cost of periodic nourishment for an initial period of 10 years; Department of the Army April 6 1976 Page two The City of Port Angeles possesses the authority and capability under the Washington State constitution to furnish the non Federal cooperation required by the Federal legis- lation that authorizes the project. In carrying out the specified non Federal responsibilities for the Ediz Hook Beach Ero- sion Control Project, the City of Port Angeles agrees to comply with the provisions of the "Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 19 70 Public Law 91 -646, approved 2 January 1971; and Section 221, Public Law 91 -611, approved 31 December 1970, as amended. CBO:mak e. Assure continued public ownership of the shore upon which the amount of Federal participation is based and its administration for public use during the economic life of the project; and f. Provide and maintain public access, parking, and appurtenant facilities for recreation necessary for realization of project benefits. Sincerely, Carleton B. Olson Mayor Stanley A. Taylor City Attorney WHEREAS, the City of Port Angeles in a letter of intent submitted to the U. S. Army Corps of Engineers on April 6, 1976, signified its intentions of complying with the requirements established for this project; and WHEREAS, the City of Port Angeles has the authority and capability to furnish the non federal cooperation required by the Federal legislation authorizing the project and other applicable laws; and WHEREAS, the Ediz Hook Beach Erosion Control Project was authorized under authority of Section 4 of the Water Resources Development Act of 1974 (Public Law 93 -251); and WHEREAS', the Ediz Hook Beach Erosion Control Project has reached the state of development wherein an agreement for local cooperation and an agreement for Escrow Deposit are required of the City to enable the project to proceed and copies of said agreements have been presented to the City. 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles that the Mayor is authorized to sign the Agreement for Local Cooperation and the Escrow Deposit Agreement between the City of Port Angeles and the United States of America referred to above. PASSED by the City Council of Port Angeles this 14th day of June, 1976. Attest: City Clerk RESOLUTION NO. 7e A RESOLUTION of the City Council of the City of Port Angeles authorizing the Mayor to sign two Agreements between the United States of America and the City of Port Angeles dealing with the Ediz Hook Beach Erosion Control Project. Carleton B. Olson, Mayor C).kiz Approved as Form: l_/1 per.., City Attorney CITY OF PORT ANGELES STATE OF WASHINGTON IN THE MATTER OF EROSION CONTROL ON EDIZ HOOK IN CLALLAM COUNTY, STATE OF WASHINGTON RESOLUTION TO ASSUME OBLIGATIONS OF LOCAL COOPERATION WHEREAS, The United States has authorized, by PL 93-251, Water Resources Development Act of 1974, a project for emergency interim measures of erosion control to prevent breaching of Ediz Hook, Clallam County, Washington. WHEREAS, In accordance with the provisions of PL 93 -251, said project cannot be initiated until a responsible local agency has given assurances satis- factory to the Secretary of the Army that it will: a. Provide without cost to the United States all necessary lands, easements, and rights -of -way required for project construction; b. Hold and save the United States free from claims for damages that may result from construction or maintenance of the project; c. Provide no cash contribution at this time for emergency interim work; however, will provide cash contribution of the required share of first costs of the beach protection works prior to adver- tising construction of the permanent project. When final accounting is made, that portion of the emergency work which is incorporated into and becomes a part of the permanent work will be included in calculating the final total local cash contribution. a, Acquire required lands pursuant to the Uniform'Relocation Assistance and Real Property Acquisition Policies,A.ct of 1970, Public Law 91 646: 84 Stat 1894 S.1 2 January 1971 whereunder, we, as local sponsors assure that; (1) Acquisition of Real Property will be guided, to the greatest extent practicable under State law, by the land acquisition policies in Sec. 301 and the provisions of Sec, 302; (2) Property owners will be paid or reimbursed for necessary expenses as specified in Secs. 303 and 304; (3) Fair and reasonable relocation payments and assistance shall be provided to displaced persons as required under Secs. 202, 203 and 204;. (4) Relocation assistance programs offering the services described in Sec. 205 shall be provided to such displaced persons and shall include adequate and timely information concerning benefits, policies and procedures described in this assurance; Y (5) Within a reasonable period of time prior to displacement, decent, safe and sanitary replacement dwellings will be available to displaced persons in accordance with Sec. 205 (c)(3). (6) Where a project will result in acquisition of real estate, in, fee, or issuance of a Notice to Vacate or displacement of people, a con- prehensive Relocation Plan" encompassing the requirements of Sec. 205 will be submitted in the form and content prescribed by the Corps of Engineers r' and, that such agency will not proceed with Acquisition of Real Estate until such Relocation Plan has been approved. by the Corps of Engineers. NOW, THEREFORE, BE IT RESOLVED BY City of Port Angeles, Cla.ilam County,, Washington, that said city does hereby assttm0 and agree to perform the above -named obligations; and there is hereby granted to the United States of America, its agents and its contractors, the right to enter on and use any lands owned by or under the control of said city for the purpose of constructing the project. DATED THIS mot` day of. C� L-� 1974, at a regular (special) meeting and is a part of the minutes of the meeting. 1 Incl As stated,' BY e r ATTEST: City Clerk Mayor City of,' Port Angeles (MANE 00 PROJECT SPONSOR) Sponsor HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88 -352), inclosurc 1, and all requirements imposed by or pursuant to the Policy and the Compliance Information Sections of Department of Defense Directive 5500.11, 28, 1964, issued pursuant to that title, inclosurc 2, to the end that,, ;in accordance with title VI of that Act and the Directive, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity directly related to or stemming from the project for interim repairs •on Ediz Hook and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid oQ Federal financial assistance extended to the Project Sponsor by the Corps of Eigineers, the assurance shall obligate the Project Sponsor, or in the case of any'transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar service or benefits. If any personal property is so provided, this assurance shall obligate the Project Sponsor for the period during which it retains owner— ship or possession of the property. In all other cases, this assurance shall obligate the Project Sponsor for the period during which the Federal financial assistance is extended to it by the Corps of Engineers. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof. to the Project Sponsor by the Corps of Engineers, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date, resulting from the above named project. The Project Sponsor recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Project Sponsor, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Project Sponsor. Dated June 4, 1974 2 Inclos ores U PS FORM 288 NOV 66 ASSURANCI!ThF COMPLIANCE WITII TITLE VI OF THE CIVIL RIGHTS ACT OF 1904 AND THE DEPARTMENT OF DEFENSE DIRECTIVE City of Port Angeles (PROJECT Sro ,scy G Cha''irman i'ommissioncr n (hereinafter called "Project If lI C ommissioner Sec. 601. No person in the United States shall, on the ground of reca, color, or national origin, be excluded from participation in, be denied 1. benefits of, or be subjected to discrimination under any program or activi:;, receiving Federal financial assistance. Sec. 602. Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part there- of or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: Provided, however, that no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the com- mittees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report. Sec. 603. Any department or agency action taken pursuant to section 602 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a,finding of failure to comply with any requirement imposed pursuant to Section 602, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with Section 10 of the Administrative Procedure Act, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that section. HPS FORM 288a (enclosure i) t1OV 66 CIVIL RIGHTS ACT OF 1964, P. L. 88 -352, July 2 TITLE VI NONDISCRIMINATION IN E' ;DERALLY ASSISTED PROGRAMS Sed. 604. Nothing contained in this title shall be construed to authorize action under this title by any department or agency with respect to any employment practice of any employer, employment agency, or labor organization except where a primary objective of the Federal financial assistance is to provide employment. Sec. 605. Nothing in this :title shall add to or detract from any existing authority with respect'to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty. 2. EXTRACT OF POLICY AND COMPLIANCE INFORMATION OF DEPARTMENT OF DEFENSE D•I'RECTIVE 5500.11, DEC. 28, 1964, ISSUED PURSUANT TO TITLE VI OF T:K CIVIL RIGHTS ACT OF 1964 (PL 88 352) POLICY A. General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under anj program to which this Directive applies. B. Specific Discriminatory Actions Prohibited. 1. A recipient under any program to which this Directive applies may not, directly or through contractual or other arrangements, on the ground of race, color, or national origin: a. Deny an individual any service, financial aid, or other hen° fits provided under the program; b. Provide any service, financial or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program; c. Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program; d. Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program; e. Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program; f. Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program. 2. A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any such program, or the class of individuals to whom, or the situations in which, such services, financial aid, other benefits, or facilities will be provided under any such program, or the class of individuals to be afforded an opportunity to participate in any such program, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respect individuals of a particular race, color, or national origin. H PS FORM 288b (i nclosurc 2) Nov 66 3.- As used herein the services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any service, financial aid, or other benefit provided in or through a facility provided with the aid of Federal financial assistance.._ 4. The enumeration of specific forms of prohibited discrimination herein, does not limit the generali,y of the prohibition cited under `PA. General.," COMPLIANCE INF ORM.ATION A. Cooperation and Assistance. Each responsible Department official shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this Directive and shall provide assistance and guidance to recipients to help them comply voluntarily with this Directive. B. Compliance Reports. Each recipient shall keep such records and submit to the responsible Department official timely, complete and accurate compliance reports at such times, and in such form and containing ._such information, as the responsible Department official may determine to.be necessary to enable him to ascertain whether the recipient has complied or is complying with this Directive. In the case of any program under which a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations imposed pursuant to this Directive. C. Access to Sources of Information. Each recipient shall permit access by the responsible Department official during normal business hours to such of its books, records, accounts, and other sources of information, and its facilities as may be pertinent to ascertain compliance with this Directive. Where any information required of a recipient is in the exclusive possession of any other institution or person and this institution or person shall fail or refuse to furnish this information, the recipient shall so certify in its report and shall set forth what efforts it has made to obtain the information. D. Information to Beneficiaries and Participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this Directive and its applicability to the program under which the recipient receives Federal financial assistance, and make such information available to them in such manner, as the responsible Department official finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this Directive. 2. By Date j /,.,f Title --i j "Sec. 221. (a) After the date of enactment of this Act, the con- struction of any water resources project by the Secretary of the Army, acting through the Chief of Engineers, or by a non Federal interest where such interest will be reimbursed for such construction under the provisions of section 215 of the Flood Control Act of 1968 or under any other provision of law, shall not be commenced until each non Federal interest has entered into a written agreement with the Secretary of the Army to furnish its required cooperation for the project. (b) A non Federal interest shall be a legally constituted public body with full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform. (c) Every agreement entered into pursuant to this section shall be enforcible in the appropriate district court of the United States. (d) After commencement of construction of a project, the Chief of Engineers may undertake performance of those items of cooperation necessary to the functioning of the project for its purposes, if he has first notified the non Federal interest of its failure to per- form the terms of its agreement and has given such interest a reason- able time after such notification to so perform. (e) The Secretary of the Army, acting through the Chief of Engineers, shall maintain a continuing inventory of agreements and the status of their performance, and shall report thereon annually to the Congress. (f) This section shall not apply to any project the construe- tion of which was commenced before January 1, 1972." I an the chief legal officer of the /2L, ez, E L! I approve the project for ma y,, .,.�r e �i� i�, --.f I have considered in my rev5ew the effect on the project of Section 221 o s„ the Flood Control Act of 1970, which follows: DON BONKER THIRD CONGRESSIONAL DISTRICT STATE OF WASHINGTON COMMITTEES: MERCHANT MARINE AND FISHERIES INTERNATIONAL RELATIONS SELECT COMMITTEE ON AGING Dear Mr. Chairman: Lz- C SiiA roto /6,, March 31, 1976 Mr. Joe L. Evins Chairman, Subcommittee on Appropriations for Public Works 11218 5.55 Congre0 of tje Einiteb Ritate0 oust of IRepregentatibe In FY '66 your Committee appropriated $170,000'for Advance Design and Engineering to temporarily meet the Beach Erosion pro- blem on Ediz Hook at Port Angeles, Washington. This project, which has the support of all the people in that area, is absol- utely necessary to prevent the breaching of the Hook. Much to my disappointment, I have discovered that the Ad- ministration has not requested funds to continue protection of this vital area. Ediz Hook is a low, bare, sand and gravel spit extending easterly from the mainland some 31/2 miles into Strait of Juan de Fuca. The protective arm of Ediz Hook acts as a natural break- water and protects the City of Port Angeles and its harbor from direct wave attack. The City of Port Angeles, protected by Ediz Hook on the north and bounded by the mainland on the west, is the only deep draft harbor on the north shore of the Olympic Peninsula. The city, with a population of over 20,000, depends on the availability of water -borne transportation provided by this natural deep -water harbor. Since the 1930's Ediz Hook has been in an active state of erosion. Wave attack combined with a lack of adequate beach materials has been a constant threat to Ediz Hook and the pro- tection it affords Port Angeles Harbor. Waves generated by win- ter storms and coinciding with high tides have continued to nibble away at the thin midsection of the Hook, causing extensive dam- age to roads and to utilities and depositing tons of debris on roadways and access areas. <I 6 •7c 1531 LCNOwORTH House OFFICE BUILDING WASHINGTON, D.0 20515 (202) 225-3536 DISTRICT OFFICES: 209 FEDERAL BUILDING OLYMPIA, WASHINGTON 98501 (208) 753 -9528 1 I 1 U.S. POST OFFICE �b`ng 0.e. 20515 LoNGVICW. WASHINGTON 98632 iiJJlll i r (206) t 1Q4 N. LAUREL STREET I P DRT AN WASHINGTON 98362 p (206) 457 -p213 5 1976 L C I TY p; �l f POR1 AI'' J narcn ,1t, 1 ./t) The ownership of the Hook is divided among several interests. The lobe shaped eastern end is occupied by a Coast Guard Air -Sea Rescue Station; the middle portion is federally owned; the western one -third is owned by the City of Port Angeles and a short section at the Hook's base is owned by Crown Zellerbach, the site of a com- mercial paper mill. In July of 1974 the City Manager of Port Angeles received a letter from Sydney Steinborn, Chief, Engineering Division of the Seattle District Corps of Army Engineers, (copy attached), pointing out that the emergency work was under way with the anticipation that the authorized project would be funded.and the work completed before the end of three years. If no funds are provided, I have no doubt.the erosion will accelerate and the cost of the project will increase. Even more tragic is the possible breaching of the Hook and the resulting damage to this fine harbor. I therefore urgently request your favorable consideration of an appropriation of $2.4 million in the FY '77 Public Works Appropriation for Ediz Hook. This amount is within the Corps of Engineers capability. Mr. Chairman, I feel very strongly that this is a real emergency and that the requested funds are absolutely essential to the preservation of the Hook. I respectfully request that this letter become part of the hearing record. Don Bonker Member of Congress cerelyc page 2 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT Application No, 4 Administering Agency City of Port Angeles Date received Sept, 19, 1972 Approved Denied Date i; /7/7 r Pursuant to Section 14, Chapter 286, Laws of 1971, Ex *Sess*, a permit is hereby granted to: Department of Natural Resources, Olympia, Wa. 98504 to undertake the following development: establish two off -shore waste disposal sites upon the following property: 1,000 feet off -shore from west end of Ediz Hook, and/ 3,500 feet off -shore from east end of Ediz Hook Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions: This permit is granted pursuant to the Shoreline 11, .age^..ent Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state or local statutes, ordinances or regulations applicable to this project* This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permit fails to comply with any condition hereof* Construction pursuant to this permit will not begin or is not authorized until forty -five (45) days from the date o: filing the final order of the local government with the Department of Ecology or Attorney General whichever comes first; or until all review proceedings initiated within forty -five days from the date of such filing have been terminated. 1''- 7 (Date) SHORELINE MANAGEMENT ACT OF 1971 S•ss (Signature of authorized local government official) A „A R Attention: Mr. John B. Warder AREA 1 Gentlemen: City of Port Angeles P.O. Box 711 Port Angeles, Washington 98362 STATE OF WASHINGTON AT oivree ett 4� e OLYMPIA, WASHINGTON 98504 October 19, 1972 Attached find affidavit of publication of notice of application for shoreline management substantial development permit. 1972. Said application was filed with our letter dated September 18, A.L. No. 9935 A.L. No. 9936 MVdH: cm Enclosure Very truly yours, BERT L. COLE Commissioner of Public Lands Howden Surveys and Marine Land Management Division COMMISSIONER BERT COLE DON LEE FRASER SUPERVISOR City of Port Angeles P. 0. Box 711 Port Angeles, WA 98362 Attention: Mr. John B. Warder Department of Public Works Gentlemen: STATE OF WASHINGTON OLYMPIA, WASHINGTON 98504 edatileteed SERI 8 1972 Enclosed is application for shoreline management substantial development permit for the purpose of disposal of dredge spoils in the bed of the Strait of Juan de Fuca as shown on the attached sketch. In agreement with governmental agencies concerned with uses of State water areas, certain sites were selected as suitable for the purposed of wasting dredging spoils. To eliminate the necessity for each operator to obtain a separate shoreline permit for each waste disposal operation, it is determined that the Department of Natural Resources would obtain a blanket permit for each of the approved disposal sites. This will not eliminate the necessity for each operator to obtain a permit from the Department,of Army, Corps of Engineers for each disposal. Also, enclosed is an information sheet concerning disposal of dredge spoil in Puget Sound. COMMISSIONER BERT COLE DON LEE FRASER SUPERVISOR a City of Port Angeles 2 Notice of application for shoreline management substantial development permit has been forwarded to the Port Angeles Daily News to be published once a week for two consecutive weeks. Notarized affidavit of said publication,.will be forwarded to your office as soon as received. MWH:sar Enc. App. Nos. 9935 and 9936 cc: E. C. Gockerell Olympic Area Very truly yours, BERT L. COLE Commissioner of Public Lands M.V. By N4Yrk-' OWDEN Surveys Marine Land Management FUND 9935 -36 NOTICE OF APPLICATION '4 FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT Notice is hereby given that The Resources rl has of Natural, file an application for a substantial; development permit for the construction or development of, deep water spoil disposal sites located in the Strait of Juan de Fuca near Ediz Hook in Clailam developmet i Washington prro Said' proposed to be Juan de Fuca l and or of associated wetlands Any person desiring to express his views or to be notified of the action taken on this application should notify the City of Department p rtment of Public Angeles, of his interest within tt days of the last date of Publication dates of l this notice are September 21, 1972 and September 23, 1972 Publish. Sept. 21, 28, 1972. APPROP AGENCY NAME STATE .1, p rn nOTht._ "{1 r PROGRAM CHECKED AND APPROVED FOR PAYMENT BY BY A 19 NAT. RES STATE OF WASHINGTON INVOICE VOUCHER fl :r, tt l'i o L \t Pia, 1 VENDOR OR CLAIMANT The Dai.2yJ3_s 16t. Port Anre1es, .';ash. 98362 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON, County of. Clallam 4 ACCOUNT CODE OBJECT DATE SUB ----once Subscribed and sworn to before me this /Aar TOTAL NUMBER IN VO I CE AMOUNT AGENCY ORDER NO I INVOICE DATE INSTRUCTIONS TO V[NOOR OR CLAIMANT SUBMIT THIS FORM IN DUPLI. CATE TO CLAIM PAYMENT FOR MATERIALS MERCHANDISE OR SERVICES SHOW COMPLETE DETAIL FOR EACH ITEM NO WORDS 1± +2 NO LINEc NO. COLUMN IN AT AMOUNT LIQUIDATION NET INVOICE DISCOUNT AT •056 AT 7, PER COL IN -TOTAI a week for twa PER LINE —TOTAL 9 93 INVOICE NO PER WORD —TOTAL 2 9 ss. Th+13 undersigned being first duly sworn, says thatebe is the.. ..1ega1..C1er1c of the PUBLISHER OR MANAGER Daily New which is a ...........Dai.ly WEEKLY OR DAILY newspaper published and issued. Daily regularly at WEEKLY OR DAILY Port Angeles .in Clallam County, State of Washington, and is of general circulation in said county and state; that the Not.. of application .for.. shorelane..mn aagement sub of which Stan ial developmerktispecrimit. the one hereto attached is a true and correct copy, was published in said newspaper weeks, being published consecutive times, first publi- cation being on the 21- s-t...... -day of SFip 19 r7 and the last on the .......28th day of S'ept! 19 7 That said notice was published in the regular and entire issue of every number of said newspaper during said period and times of publication, that said notice was published in the newspaper proper and not in a supplement, that the charges herein made are at the regular rates charged for such advertising, and that the same or any part thereof has not been paid. 1 ....day o 'October 19.72.. NotariJ ub1tc in and for the State of Washington, Residing at Port Angeles BUS AUTO FR P P EX RAIL. CARRIER SHIPPING DOC NO COLL PPD NO of PG S CENTRAL RECEIVING BY DIV OR UNIT RECEIVED FOR DIV OR UNIT RECEIVED BY DATE OF RECEIPT VOUCHER NO FRT CHARGE WARRANT NO APPLICATION FOR SHORELINE MANAGEMENT SUBSToNTIAL DEVELOPMENT PERMIT TO THE APPLICANT: This is an application for asubstantial development permit and is authorized by the Shoreline Management Act of 1971. It is suggested that you check with the appropriate local, state, or federal officials to determine whether your project falls within any other permit systems, since a permit under the Shoreline Management Act will not excuse the applicant from compliance with any other local, state or federal ordi- nances, regulations or statutes applicable to the project. 1. Name of applicant L�r,,�r,P�,� vr� r- ces 2. Nailing address h/ 3. Relation of applicant to property: Owner Lessee Contract purchaser Other (specify) 4. Name and address of owner, if other than applicant: 5. General location of proposed oroject (give street address if known, city or town, and county; otherwise give distance and direction to nearest ton) 600 Co L v SPIV-it 3 o cam. t to ate- �—�ovi /n or /X o F /kg 4.a.PS 7 o 6i' 4Cli j /rro o/c J= e GS D /c/ilao/� p� !'D /rnale/J ?'�'c� fre Hr/1 aF 7Y4o cs%S� 6. Legal description of property: �,�.,e 1_4_,-..es e-•--cP a X Fc,..> moo a A o' .c:= r 7. Name of adjacent water area or wetlands: .5X.-,4;7_ 1/ f/Le 8. Current use of the property with existing improvements: /iJ6i fritv fr re tir w•�s 9. Proposed use of property: /44 c:// A e _.ature of the shoreline. (Describe type, such as beach, .Dank or dike; material such as sand, gravel, mud, clay, rock riprap; and extent and type of bulkheadinc, if any.) �a2a z 0 S�� w e s 7 o 4- /e /il ay 4 Inc x 1° 3 S C 0 S ,•-4 P_ 1 l i- b rcici f ly /oDC 4-e71- ffo o 11. Project diagrams: draw all maps to scale, clearly indi- cating scale on lower right corner of the map. Attach all maps to application. (a) SITE PL22\N MAP. Include on map: (1) Site boundary and dimensions in vicinity of project. (2) Land contours using 5 -foot intervals or cross sections. If project includes grading, filling, or other alteration of contours, then either: (i) Indicate existing and proposed contours and items (3) through (8) below; OR (ii) Provide two cross sections, one showing existing ground elevations and height of structures, the second showing proposed ground elevations and height of proposed structures, with both showing (4) below. (3) Size and location of existing improvements ,which will be retained. (4) Ordinary high -water mark. (5) Size and location of proposed structures. .(6) Maximum height of proposed structures above existing grade level. State type and amount of proposed fill. 1 i'e l,; e tOG w /P ,,are /c eQ°7..2 s /s Proposed utilities. (IL, VICINITY MAP. Indicate relation of site to adjacent lands and t uses to which they are put for at least 400 feet in all directions from the project site. //Le 72eArlr e,ml o /U 44 4 SOo rces, ,;.T.11 the above -named applicant for a permit to construct a sub- stantial development pursuant to the Shoreline Nana gerent Act of 1971, and hereby state that the foregoing, state ments, answers, and information are, in all respects, true and correct to the best of my knowledge and belief. es 10 es 1 70 70 73 34 70 z r 137 i la *6 0 SO 72 0 s 11 4 84 r t t,... ..c.. O 10 04 Vo 97 SS to ill 76 12 47 so: 0" ....._49...1z. It:, 14 fisrpicrro ()LIMPING G,,,..°111JND II i S 32 0 2053169 (see note 8) 31 is :i 1..."..1, it 12 i s .0. 46 eg ot its 0.'' 7 .,e.--7. 41..v 161 fl 44 in.„.1,e: 3s..:5: crest. ,....,30...., 26 27 .0:4 41 to 4 3 4 4 s. a St St 71 '.7it-- 0,: ;30 .15 .7....:•::-.1....6' 142-..,- r rr 'o", Vb.2. 33 .ell 4 r 4." i‘ sV. 2 og Oil 14 3 0 i: )1 ..16 .9 2.1 ..n `0,‘• 2 il "-snit2T4:44121"-•••:71:'23/1/".. 1 11 0 6 F. v 9 4, 1/4, -4. 0 12 q -2 a v 12 12 %I S4 64 a i si. 06...,:,,, ,Ipoo(1,,,,,,T,1131,,,owixs 3 O Ft 6 46„,"3 1?....-. tt e l 0 74 1.-/ f a e Is t i C R 9 ...h.._ T ...91,14,0 P rw faiNt. la ..4•4) 4 ell 2 4 S s. 54 ...4 21 \•;:e /At ''''tti.,,144 I al■ OCP146,L, eo terlo.. 4, 4 44■,, r a 44111,44: 149: *VA is 4 11 4.441/4"ok' irlf trft mil 050,00'47." 14,40-44- ..14-20 I x LtV i t 1 /4 o oso Vt'av I .4 1 i Alto S r"" Or JUAN Ot fO As. 7e 13 •1 17626614t4 6010 toraleast oligosei 1641 *MG 3 r-,Jift G9i era 444SS .17/ tattay O 7* W. 03 02 10 1 14. CCP boo 0 SS 11 Y.' tit .0 es 00 11 /3 og 0* 1 T0 07 13 16 73 00 /0 0 0 /3 00 v 6 6 igt GI 81 1 rola cotv jotettoen$101errratrve 40; 'gales/sea vessz" vf rtreasoltifeisieer) CAU1 0011, tootioo to8lobooeoos Awn too* ootn:"0-38000.fat use Sadie Mreatiott-t boortato to so o' 62 0.. 4V 1. The Situation STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Bert L. Cole, Commissioner of Public Lands DISPOSAL OF DREDGE SPOIL IN PUGET SOUND Deep water disposal has been used as a method of getting rid of unwanted dredge spoil for many years. A reduction in available fill sites and, in fact, the near prohibition on filling has increased the need for alternative disposal methods. There is an increasing concern on the part of regulatory agencies regarding the effect of spoil or any other material which is placed in the water. Some improvement projects have not been carried out because no site was available for disposal of the resulting spoil. As time goes on an increasing number of agencies are becoming concerned with spoil disposal practices and can through the Corps permit impose restrictions on the operator. Regulation of deep water disposal is increasing but acceptable sites are loosely defined and not well coordinated between the various regulatory agencies. Due to the poorly defined sites and lack of surveillance, dredge spoils have been deposited over wide areas, unauthorized materials have been dumped and unauthorized sites have been used. The agencies regulating the disposal of spoil material do not have good information relative to what happens to the material when it is placed in the water or the ultimate effect it has on the bottom 2. Department of Natural Resources Spoil Disposal Program A. Concept When surplus spoil is available, an aggressive effort should be made to find a use for the material. The use of broken con- crete for underwater reefs, excess spoil for the creation of artificial islands, and the limited filling of public land for public purposes will be considered. In the event the spoil cannot be used constructively, and is approved for deep water disposal by all of the various regulatory agencies, it should be deposited on a site which has been agreed to by all agencies concerned. Disposal of Dredge Spoil in Puget Sound (Contid) 6/17/71 RAB :mr Interagency agreement has been reached on a series of sites throughout Puget Sound as convenient as possible to the normal sources of spoil material. A system of surve_ illance for these sites is being pro- r vided which will report unauthorized use of the sites or off -site dumping by authorized users. B. Charges A fee will be charged for depositing the spoil on the state -owned bed. The fee is based on the value of the site for other pur- poses'such as deep sea shellfish production, shrimp production, commercial trawling grounds, fishery food source, etc., and constitutes damages due to withdrawal of the area from the multiple use resource. The Department of Natural Resources has provided maps of the spoil deposit sites to concerned agencies and determined for each site a set of references suited for use by the operator for locating himself on the site. Upon payment of the appropriate fee, a lease will be issued to the operator for use of the site. C. Use of Fees Revenue derived from spoil dumping fees will be used to pay for the site surveillance program and for an interagency research effort designed to learn more about both the short and long term effects of dumping spoil in deep water. We feel that having specific sites agreed to in advance by all regulatory agencies will expedite the granting of deep water disposal permits as well as reduce the damage from indiscriminate disposal while helping pay for the research needed to learn more about the effects of this activity. D. Fisheries and Game Hydraulics Project approval and Army Corps of Engineers Permit must be obtained before dredging is begun. Location: #1 #2 #1 Dump Method: 5 -24 -72 PORT ANGELES DISPOSAL SITE A Long 123 28' 00" Lat 48 08' 12" Long 123 26' 30" 48 08' 35" Clal lam County Airport AERO Rot W G Bearing 216 True W Or Fl 4 sec BELL Ra Ref in Straits of Juan de Fuca Channel Bearing 24 True #2 W Or F1 4 sec BELL Ra Ref in Straits of Juan de Fuca Channel Bearing 16 True Radio Tower 85 ft, on end of Ediz Hook (R Bn 322 Bearing 95 True Size: Between points along a 600' wide path centered on 3 fathom contour. Spoil is to be dumped as near,the center of the site as possible. A fee of $0.50 per yard will be charged for all spoil dumped outside the authorized site perimeter. Spoil is to be discharged by bottom dump barge only. Notice: Notify Department of Natural Resources between 8:00 am and 5:00 pm at 753 -5324 one day in advance of site use. Observers: Name Location Phone Location: Size: 5 PORT ANGELES DISPOSAL SITE B Long 123 24' 00" Lat 48° 09' 00" W -Or F1 4 sec. BELL Ra Ref in Straits of Juan de Fuca Channel Bearing 359 True Alt Fl G Gp F1 W (2) 10 sec on Ediz Hook Bearing 210 True Radio Tower 85 ft. on end of Ediz Hook Bearing 184 True (R Bn 322 900' Radius (58 acres) Spoil is to be dumped as near the center of the site as possible A fee of $0,50 per yard will be charged for all spoil dumped outside the authorized site perimeter. Dump Method: Spoil is to be discharged by bottom dump barge only. Notice: Notify Department of Natural Resources between 8:00 am and 5:00 pm at 753 -5324 one day in advance of site use. Observers: Name Location Phone JNP:km MEMORANDUM DATE: April 17, 1985 TO: Dave Flodstrom, City Manager FROM: Jack Pittis, Director of Public Work SUBJECT: Ediz Hook Nourishment Project Please let me know if you agree with this approach. We received a response to our request concerning the contractor's IiabilIty for damages to the roadway of EdIz Hook as a result of hauling toads for the project. The Corps has indicated that, because of legal loads, their contract will not require the contractor to repair any problems resulting from the addi- tional traffic. We mentioned to them that the roadway had some specific maintenance agree- ments different than a normal public roadway but they have been unable to draw any differentiation in respect to their contract. I would suggest that, from our standpoint, if repairs are necessary at the end of construction, the money for materiaib to make those repairs should come from the project funds allocated for our match on the project with some funds coming from ITT and Crown as is normally the case. Hopefully, in this way, we will not place the burden of total repair and maintenance on the mills and we utilize the funding allocated for the project in the 1985 budget. We would not anticipate significant repair problems but there will be some repair necessary to the roadway as there is every year. 5.55 FE•_Y TO ATTE41,74 0= Navigation and Plant Branch Honorable Dorothy Duncan Mayor of Port Angeles Port Angeles, Washington 98362 Dear Mayor Duncan: DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P.O BOX C -3755 SEATTLE WASHINGTON 98124 January 20, 1983 Please reference our December 7, 1982, letter providing an estimate and billing of the City's 6.9 percent share of Fiscal Year (FY) 1983 Operation and Maintenance Costs for the Ediz Hook Beach Erosion Control Project. The purpose of this letter is to provide final FY83 costs, estimated FY84 costs, the status of the upcoming maintenance work, and partial billing of estimated FY84 costs (enclosed). The billing is explained as follows: FY80 -82 Costs FY83 Costs Funds Contributed thru FY83 Contribution Surplus thru FY83 Partial FY84 Costs (Estimated) $80,000 X 6.9% Unfunded FY84 City Costs (Partial) $78,982.01 X 6.9% $5,450 8,924.98 X 6.9% 615 Subtotal $6,065 $8,210 $2,145 $5,520 $3,375 Currently identified FY84 costs of $80,000 (Estimated) are for preparation of a letter report and plans and specifications for main- tenance work scheduled for FY85 as indicated in our November 26, 1932, letter. Planned work includes both beach feed and rock blanket repair. 5, SS -2- We would lice to meet with your staff is February to discuss the proposed FY35 work a,d necessary funding. If we can answer any questions, please do aot hesitate to call Mr. Bob Parry at (2O6) 76: -3401. Enclosure Copies Furnished: Mr. David Flodstrom City Manager City of Port Angeles Port Angeles, Washington 98362 Mr. Jack Pittis Director of Public Works City of Port Angeles Port Angeles, Washington 98362 Sincerely, W. Cf!k'_guard Chi6i, Operations Division Sto Ftrm 1 114 U� :.:hrr 1967 GAO Maru.l 11- _,Department of the Army, Seattle District, Corps of Engineers ∎Dr,;at,mrnt or Establrshmrnt ant: ESorrau or O•11, P. 0. Box C -3755, Seattle, WA. 98124 (AddrrssS P:12 1 Honorable Dorothy Duncan Port Angeles, WA. 9836 Date Mayor of Port Angeles BILL FOR COLLECTION DESCRIPTION Quantity Required contribution of Operation and Maintenance costs (partial) for Ediz Hook Beach Erosion Control for FY84. 1\12 a aleck payable to: FAO, USAED, PORTLAND and send to Portland District Corps of Engineers, P.O. Box 2946 Portland, Oregon 97208 This is not a receipt INSTRUCTIONS r CPO 11 24,-5 <r Bill No. B0484W025 Date 16 Jan 84 This bill should he returned by the payer with his remittance. SEE 1NSTRI.CTIONS BELOW Unit Price Cost Per Amount 3,375 00 AMOUNT DUE THIS BILL, 3,375 00 Tendrr of payment of the abo•.e b•Il ma} be made in cash. United States postal moncv order. express money order, bank draft, or chick, to the once indicated Such tender, when in any other form than cast should be drawn to the order of the Department or Establishment aro Bureau or Office ind<cated above Receipts will be issued in all cases where "cash" is received, and on!} upon request when remittance is in any other form If tender of pa} ment of this bill is other than cash or United States postal more} order, the receipt shall no: become an acquittance until such tender has been cleared and the amount received by the Department or Establishment and Bureau or Office indicated above Failure to receive a receipt for a cash payment should be promptiv reported by the pa',cr to the chief administrative officer of the bureau or agency hm r NPSOP -NP Honorable Sam Haguewood Mayor of Port Angeles Port Angeles, Washington 98362 Dear Mayor Haguewood: Please reference our 25 February 1981 letter providing an estimate of the City's share (6.9 percent) of Fiscal Year 1982 (FY82) Operations and Maintenance (0 &M) costs for the Ediz Hook Beach Erosion Control Project. The purpose of this let- ter is to provide final FY81 costs, FY82 bill (estimated), FY83 cost estimate, and furnish all five copies of the Project 0 &M Manual. An invoice for $1,655 is attached and is explained as follows: FY80 (First Year) Costs $25,000 x 6.9% FY81 (Second Year) Costs $22,588 x 6.9% FY80 Contribution FY81 Contribution FY80 and FY81 Contribution Surplus FY82 Costs (estimate unchanged) $59,000 x 6.9% Unfunded FY82 City Costs Approximately 100,000 cubic yards of beach feed fill is scheduled for FY83 at an estimated cost of $1,170,000, including engineering and contract administration. The City's resultant 6.9 percent share of total FY83 costs is estimated at $80,730. The FY82 costs will be adjusted as part of the FY83 billing in a similar letter next October. If you have questions, please do not hesitate to call Mr. Bob Parry at 764 -3402. 2 Incl As stated Copy Furnished: Mr. David Floodstrom Director of Public Works City of Port Angeles Port Angeles, WA 98362 4 z. 4 i t 51 S DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS 1 P.O. BOX C -3755 SEATTLE. WASHINGTON 98124 Sub Total Sub Total Sincerely, aa H. TTA Chief, Operations Division c.E Cr; 19881 City's $1,725 1,559 $3,284 $1,850 $3,850 $5,700 $2,416 $4,071 $1,655 6v r,.;•, l Oi.f is N t; ,t -r ;+11t1JS(,41-Ir)iil,ENGINEEH I', '-i:",1: I. t s. y II -11., c «-r, of int, lUi Ft)1R COLLECTION P 1) tJ(o'< c 13111 I� o B01820071 SCAMS WA 9112a r 26 OCT. 1981 Datc Da 26 OCT. 198 96X8862/968862 (Department or I- ttabhshuien1 and Boo-au or OI. ^l (\ddrcss) Honorable Sam Haguewood Mayor of Port Angeles Port Angeles, Washington 98362 DESCRIPTION Quantity Required contribution of operation and maintenance costs for Ediz Hook Beach erosion control for Fiscal year 1982. This is not a receipt This bill should be returned by the payer with his remittance. SEE INSTRUCTIONS BELOW. Unit Price Cost Per ,7 1.- -.1.,,,'1' AMOUNT DUE THIS BILL, 1,655 00 INti7'RUCI1ONS .1 r of iiay Inc nt .■1 Il,r ,dolor loll rn..s he made to 1.11/1, 1 Sl,3tet postal mom y order, express money order, Lank Hiatt. or check, to the ..tin r 11(1 4.tlyd Sot h irn.lri, slit n in .Ills uthrl 1411 to 111.114 1.1.11, 1 ..11111 1r ch aim 141 1hr order of the D)rinuemrnt or CntaMltlunent and Ilucr,tu 111 (lllur (tido,u141 afoot- Re, eq‘ty he Issued .n all cases %she. 'rash" is T1 iord, and only titan Ir.Iuest o.111n rrnutt.ux-c 1s 111 any other term If tender of pay mi nt of this h111 is other than cash ni t nllcd States postal money miler, Ihr ry 1 eIpt shall not become an acquittance until such tender has hero cleared an., the amount recdi ed hV the l lrpartrnent or F .tJhIIshncenl and Bureau or Office indicated above Eerl,.re to it (else a retrilrt for a cash I,... Went should Lc I »om1rtlo t-1 ported by the payer to the t hicf administratise officer of the bureau 411 gt nt.) tm. .-.I ,..s r Amount 1,655 00 STANDARD FORM 30, JULY 1966 PAGE GENERAL SERVICES ADMINISTRATION AMENDMENT OF SOLICITATION /MODIFICATION OF CONTRACT j FEU PROC REG (41 CFR) 1 -16101 I AMEh)MENT /MODIFICATION NO 2. EFFECTIVE DATE 3 REQUISITION /PURCHASE REQUEST NO. 4. PROJECT NO. (If apphcablr) P00001 9 Jan 01 S ISSUED BY CODE f I6 ADMINISTERED BY (1/ other abaft bloe& TI CODE DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. P.O. BOX C -3755 SEATTLE, WASHINGTON 98124 7 CONTRACTOR CODE 1 FACILITY CODE 8. NAME AND ADDRESS City of Port Angeles (Street. d ry. 140 West Front Street tuunt7 ,tat., Port Angeles, WA 98362 and ZIP Corr.) ATTN: Mr. Wharton ,1 tn1_ns L 9 THIS BLOCK APPLIES ONLY TO AMENDMENTS Of SOLICITATIONS 0 The above numbered solic,loban or amended as salon♦ m black 12 96x3122.0 &M E IS NOT REa RED City Manager 1 NAME O/iCo`a1�ACTU C)FFER 15,ari'olure of person authorized to sort) 15 NAJAF AND IITIC OF SIGNER (Type or l.rrnU Kenneth S. Whorton 457,0411 16 GATE SIGNED 1/30/79 DATED 78 .Tan 01 (s b/a4 1 e) The hour and dote spec,R.d for r.ce,pt of Offers 0 is estend.d, 0 is not extended °errors must acknowledge tempt of this amendment poor to the hour and doh specified m the solic,lat,on, or ea aesended, by Pee of the folloo�ng me hods: (o) By rearms; and returning copies of th,s (b)fly ockno.dedg,ng receipt of rhu amendment on each copy of the offer subm,tt.d, or (c) By separate loner or telegram .h,ch ,ncledes a r.ferenc• to the sohc,tohon and emendment numbers FAILURE OF YOUR ACKOWLEDGMENT TO BE RECEIVED Al THE ISSUING OFFICE PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION Of YOUR OFFER It, by value of this amendment you desire to change on offer already submitted, such change may be mode by tele4rom nr letter, provided such telegram or letter makes reference to the sol,u d, tot,on and amendment, and Is received prior to Mopening e ope hour and date specified 80 ATV:TUNI NG AND APPROPP' DMA (If required) cf:Engr. Div. (Ser. Br.) (2) CP CD 370 34 40E 0 D(00 11 THIS !LOCK APPLIES ONLY TO MODIFICATIONS Of CONTRACTS /ORDERS (o) L]4 Thu Chong. Order a dived pursuant to Additional (;pnpral Prrnri ci rinc ('d a 1sp 12 hl (,+harlg1 m Mods Charges est forth ods 12 or* mod* to the above numbered (b) 0 The °bow numbered contract /order q mod,fed to reflect the odmmd w lrotr changes (such as chnnges m paying office, appropoohae dotes, etc set forth m block 12. (c) 0 This Supplemental Agreement a entered onto ;outward nt to outhoy of It mod,fr. the °bore numbered contract as set forth m block 12 12 DESCRIPTION Of AMENDMENT /MODIFICATION Additional General Provisions (Clauses: 17 -20) on reverse side of order are hereby made'a part thereof. 1. Item 1 quantity is increased to 18 mo. and amount is increased to $5400.00. 2. Period for Item 1 should read January 1978 through 30 June 1979." 3. Total amount of order is increased by $1800.00 from $3600.00 to $5400.00. 11•1sup+S-rat.^K. :a S a'• :t 4 ..r,. `1Is-c' set kith n a,w a s c' r is t r C1f1ivaSeikeb� =c: c;.2tin _.t:tcz., S.SS c, 8V s,s' AMENDMENT OF 0 SOLICEEATION NO. DATED (See Moth 9) N.001fICATION OP CONTRACT /ORDER NoD4rTWA 8L -117 01 GEHRES/ww .atw.R+J_ •..r t-. E•trpt es wended h.'.,n MI terms and condh ,ons of 1M air unchanged referenced m block 8, as h fore clanged, remain whanged and in full fora, and effect CONTRA( f0R rOfr ROR N Ul S) and one copy ri TO SIGN 'S DOCUMENT ACTOR /OffEROR 1S REQUIRED 10 GN TH DOCUMEN AND RFTURN.OXi7, COPIES TO ISSUING t i 17 UNITED c <tES OF AMERICA n rom pffiu �lT��G�ir 18 NAME Of CONTRACTING OFPIC R Type or gaol) SHIRLEY B. JOHNSON �9 of 1 75 19. DATE SIGNED e Ga•l•n.raa7 ndr?,rla orrice •1. 0- 138-4'5 I. CONIRALT /PURCH ORDER NO. 2 DELIVERY ORDER NO. DAC AT67- 7R- M -07n1 6. 155ULD BY; 9. CONTRACTOR/QUOTtR 16. 18. CHOCKED Box AF PLIES CODE SEATTLE DISTRICT, CORPS OF ENGINEERS POST OFFICE BOX C -3755 SEATTLE, WASHINGTON 98124 NAME ANO ADDRESS DELIVERY o� w c, cy O PURCHASE rDORDER FOR SUPPLIES OR SERVICES CODE r oity of Port Angeles 140 West Front Street Port Angeles, WA 98362 L ATTO: Mr, id. SNl Tor Se attle District, P.O. Box C -3755 Seattle, WA 98124 AfTN: Marie Tornow- NPSEN -PL -NC MARK E012' D W57- 7R- M _n7n1 This delivery order is subject to Instructions contained on this side of fore only and is issued on another Government agency or in accordance with and subject to terns and conditions of above numbered contract. Reference your Oral quote of 78JANO 1 furnish the following on terms specified herein, including, for U. S. purchases, General provisions of Purchase Order on 01) Form 1155r (EXCEPT CLAUSE NO. 13 APPLIES ONLY IF THIS BOX D IS CHECKED, N0. 14 IF THIS BOX 1S CH£CAED AND N0. 15 IF THIS BOX IS CHECKED, special provisions end delivery as indicated. The purchase is negotiated under authonty of 10 USC 2304(a)(3) or as specified in the schedule if within the I.I. S., its possessions or Puerto Rico; if otherwise, under 2304(•x6). 1f checked, Adatttonol General Provisions apply; Supplier shaft sign "Acceptance" on DO Form 1155r and return eopiee. 17. ACCOUNTING AND APPROPRIATION DATA LOCAL USE 96x3122 CP BD 242 513 ODO 0000 ITEM NO. 19. *II guaranty accepted by the Government /41 41•0•0 •s Ruennr, ordered indicate by 1/ nark. If drll.rrnt, enter or lull quantity accepted bctoa. g,r.alarty ordered end encircle 26. QUANTITY IN COLUMN 20 HAS BCEN OATS SIGNATURE OF AUTHCRIZEO 0099RNMENT REPRESENTATIVE 36 I coolly rb,, occn,ol la ccrr.cl and proper Go payment. 37 RECEIVED AT DD U".. 1155 ANC) SIGNATURE AND TITLE OF CERTIFYING OFF 1(9• 38 RECEIVED 87 39 DATE RECEIVED ❑REQUEST FOR QUOTATIONS H0. RETURN COPYIIEEI OF THIS QUOTE BY (THIS IS NOT AN ORDER. See DD Poem 115Sr) 7 DATE OF ORDER 4. REQUISITION/PORCH REQUEST NO. 78JANO1 I 7. ADMINISTERED BY (11 other than 6, See block 6) FACILITY CODE 10. DELIVER TO FOB POINT BY, "1 J Wharton 457 -0411 COD 15. PAYMENT WILL BE MADE BYr Corps o vngineers CONFIRMATION Do not duplicate SEATTLE DISTRICT, CORPS OF ENGINEERS POST OFFICE BOX C -3755 SEATTLE, WASH ENGTr)N 98124 SCHEDULE OF SUPPLIES/SERVICES CONFIRMING ORDER DO NOT DUPLICITY 1, ARTICLES OR SERVICES Provide non professional services consisting of observing and recording data on wind, wave alongshore current, and beach configuration or Saturdays, Sundays and holidays at our sites on Ediz Hook. Data needed to determine amour of beach nourishment required for Ediz Hook. Observation will be by personnel trained in the observation techniques, and as described by the Littoral Enviromental Observation (LEO) publication(supplied to the City of (CONTINUED ON PAGE 2) 2e. UNITEpTATES OF AMERICA 25. TOTAL 79, DIFFER- ENCES By ATTT)RF.Y M. GOlnRTCk1DNTR,cT_v_cqlerlr; 27 MEP. 110. 29 D. 0. VOUCHER N0. 10. Ire •upp'le•, or ran ce; to oe oob,ned by th, Ilstloment are authorized by are for ih INITIALS LINSPECTEO ❑RECEIVED ACCCPTED, APIO CONFORMS TQit{E�Q, T EXCEPT AS NOTED V+U7 't 1 7 In p7 +rr ch3l :eatle to the d 3roonaLOn or procurement authority NumbF QUUUd, the available dTARTRf.IPIhICh IS suit I�ftl1A1 @�Er cost of Same 33. AMOUNT VERIFIED CORRECT FOR ❑FINAL 31. PAYMENT r- I OR J P KRAN.AK 34. CHECK NUMBER ❑COMPLETE FIN N :E AND ACCO EJPARTI FINAL REPLACES PREVIOUS EDITIONS WHICH ARE ONSOLETE EFFECTIVE )1 MAN 67. cf: Engineering 20. Cl FIN NCE/ICCOUN I I i TOTAL CONTAINERS 21. r 7 49 ACCOUNT /0 NPSE[N- SV -78 -58 CODE cUANTITY ORDERED ACCEPTED' SEE BELOW 12. DISCOUNT TERMS NET 13. MAIL INVO1Cta TU. (See block 15) CODE Division, 21. 22. UNIT UNIT PRICE AMOUNT 12 MO $300.00 $3,600.00 on E ss PACE 1 0P 2 Service Branch(2, DO F LADING N0. 42. 5/R VOUCHER N0. 1 arm A,.pry.ed by 9 nn,n,tr..l er (,ener•l, U 6 27 Nay 66 Eaeepuon to 89 18 under SZSUC Approved by Budget Bureau, Oct G6 5 CERTIFIED FOR NA- TIONAL DEFENSE UNDER DAIS REG I is DELIVERY FOB [JOINER (Set Schedure If other) II. CHECK IF SMALL BUSINESS MARK ALL PACKAGES AND PAPERS WITH CON'R \CT OR ORDER NU63 ER GENRES /mla 23. $3 1 REMARKS THIS PARAGRAPH APPLIES ONLY TO QUOTATIONS SUBMITTED Supplies ere of domestic origin unless otherwise indicated by quotes The Government snows the .;hl to consider quotations or modifications thereof received after the date irdiated should such action be in the interest of the Government This u a request for information and quotettons furnished are not offers When quoting, complete blocks I I, 12 22, 23, 25 If you are unable to quote, please 'dame This request does not commit the Government to pay any cost incurred m preparation or the submission of this quotation or to procure or contract for supplies of servlees GENERAL PROVISIONS 1 INSPECTION AND ACCEPTANCE Inspection and acceptance well be at destination, unless otherwise provided Until delivery and acceptance, and after any rejections, risk of loss will be on the Contractor unless loss results from negligence of the United States Government Notwithstanding the requirements for any Government inspection and ten contained in specifications epphable to this contract, except where specialized inspections or Ceuta are specified for performance solely by the Government, the Contractor shall perform or have performed the inspections and tests required to subalantate that the supplies and services provided under the contact conform to the drawings, specifications and contract requirements listed heiem, including if applicable the technical regurements for the manufacturers put numbers specified herein 2 VARIATION IN QUANTITY No variation in the quantity of any item called for by the contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing of allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract 3 PAYMENTS Invoices shall be submtted in quadruplicate (one copy shall be marked ''Ongrrrar') unless otherwise specified and shall contain the following information Contract or Order number, hem number, contract description of supplies or services, sizes, quantities, unit prices and wended totals Bill of lading number and weight of shipment will be shown for shipments on Government Bills of Lading Unles, otherwise specified, payment will be made on partial deliveries accepted by the Government when the amount due on such deliveries so warrants 4 DISCOUNTS In connection with any discount offered, time will be computed from date of delivery rf the supplies to cattier when acceptsrce s 11 the point of wiz, n or (-om da,e cf del at destination or port of embarkation when delivery and acceptance are at either of these points, or from the dale the correct invoice or voucl.er is received in the office specified by the Government, if the latter is later than date of delivery Payment is deemed to be made for the put pose of earning the discount on the date of ma.brg of the Government check 5 DISPUTES (a) Except as oth•rwue provided in this contract, any depute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall mail or otherwise furnish a copy thereof to the Contractor This decision shall be final and conclusive unless within 30 days from the date of receipt of such copy. the Contractor mails of otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary The decision of the Secretary or his duly authortzed representative for the determnation of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal Pending final decision of a dispute hereunder. the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer s decision (bl Thu Disputes' clause does not preclude consideration of law qucsnons m connection wash decisions provided for in (a) above provided, that nothing in this contract shall be construed as making final the decision of any admmstranve official, representative, or board on a question of law 6 FOREIGN SUPPLIES This contract Is subject to the Buy American Act (41 USC !Oodles implemented by Executive Order 10582 of December 17 1954. and any restrictions m appropriation acts on the procurement of foreign supplies 7 CONVICT LABOR The Contractor agrees not to employ for work under this contract any person undergoing sentence of imprisonment at hard labor S OFFICIALS NOT TO BENEFIT No member of or Delegate to Congress or resident commissioner shall be admitted to any share or part of this contract, or to any benefit that may ante therefrom, but this provision shall not he construed to extend to this .ontract If made with a corporation for its general benefit 9 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person of selling agency has been employed or retained to solicit or secure 'his contract upon an agreement or understanding for a commcron, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee 10 GRATUITIES (a) The Goverusnent may, by written notice to the Contractor, terminate the nght of the Contractor to proceed under this contrast if it is found after notice and hearing, by the Secetary or has duly authorized representative *Nat gratuities (in she foram of entertainment gifts or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making of any detetmmations with respect to the performing of such contract provided that the existence of the facts upon which the Secretary or hit duly authorized representarive makes such findings shall be in issue and may be renewed m any competent court (511n the event this contract it terminated as provided in paragraph (a) hereof the Government shall be entitled (0 to pursue the same remedies against the Contnctot as n could pursue in the event of a breach of the contract by the Contractor and (u) as a penalty m addition to any other damages to which n may be entitled by law to exemplary damages in an amount las determined by the Secretary or his duly authnnted representative) which shall be not less than G.ree nor more than ten times the costs mwrred by the Contractor in provdmg any such gratuities to any such officer or employee (c) The rights and emedas of the Government provided m this clause shall not be exclusive and are m addition to any other rights and remedies provided by law or under she contract 11 RENEGOTIATION Thn connect, and any subcontract hereunder, n subject to the Renegotiation Act of 1951 as amended (30 U .1 C App 1211 el seq land shall be deemed to contain all the provisions required by Section 104 thereof, and is subject to any subsequent act of Congress providing for the renegotiation of contacts 12 CONDITION FOR ASSIGNMENT This Purchase Order may not be assigned pursuant to the Assignment of Claims Act of 1940. as amended (31 US C 203, 41 US C 131, unless or untd the supplier has been requested and has accepted that order by executing the Acceptance hereon _)D aDa" 115 5 r 'eructs aataR or i Aue w wmcm 11 cosmos 2. Aug 69 13, COMMERCIAL WARRANTY The Contractor agrees that the wppllea a eerveee furnished under dui contact shall be covered by the most favorable commercial wananike the Contn.lor gives to any customer for tuck wppbe: or services end Chet the rights and remedies provded herein are in addition to and do not hint any rights afforded to the Government by any other clause of this contract 14 PRIORITIES ALLOCATIONS AND ALLOTMENTS DEFENSE MATERIALS SYSTEM When the amount of the order a 1500 or more the Contnctot shall follow the pronasons of CMS Reg I and all other applicable regulations and orders of the Doziness and Defense Sancti Administration in obtaining controlled materials and ocher products and ma leaals meded to 80 this order 15 FAST PAYMENT PROCEDURE fal Genera( This is a fast payment order Invoices will be paid on the bars of the Contractor's delivery to a post office, common carrier, or, m shipment by other mans, to the point of first ncapl by the Government (b) Responsibility for Supplies Title to the supplies shall vat in the Government upon delivery to a post office or common tuner for shipment to the specified destination If shipment U by means other than post office of common tamer, tale to the 'unpile, shall vat in the Government upon delivery to the point of first receipt by the Government Notwahetandmg any other provtvon alive purchase order, Inc Contractor shall mime all responsibility and risk of Iota for supplies (t) not received at destination, (u) damaged in trenat, or (i not confornung to purchase requirements The Contractor shall either replace, repair, or correct such wpples promptly at ha expense, provided instructions to do so are ftrnahed by the Contacting Officer within ninety (90) days from the claw title to the supplies vests m the Government (c) Reparation oflnvorce (1) Upon delivery of supplies to a post office, common carrier, or in shipments by other means, the paint of first receipt by the Government, the Contractor shall prepere an invoke 0 accordance with Clare 3 of the General Provisions of Purchase Order, except that invoke. under a blanket purchase agreement shall be prepared in eccordance with the provisions of the agreement In shipments by either post office or common carrier the Contactor shall either (A) cite on ha invoice the due of shipment, name and address of carrier, bill of lading number or other shipment document number, or (8) attach copies of such documents to Si. Invoice as evidence of shipment In addnlon the invoice shall be prominently marked "Fast Pay In case of delivery by other than post office or common carer a tempted copy of the Contractor a dehv^ry document shell be loathed io the invoice as endence of delivery (2) If the purchase pace excludes the cost of transportation, the Contractor shall enter the prepaid shipping cost on the invoice as a separate item The cost of parcel post insurance will not be paid by the Government If transportation charges tae separately stated on the invoice. the Contractor agrees to retein related paid freight bills or other transportation bdhngs pad separately for a period of three yeah and to furnish such bills to the Government when requested for audit purposes (d) Cernflcanon of Invoice The Contractor agrees that the submission of en invoice to the Government for payment it a certification that the supplies for which the Government is being billed have been shipped or delivered in accordance with shipping instructions awed by the orcenng officer. m the quantmes shown on the invoice, and that such supoLes are in the quantity and of the quality designated by the cited purchase order OUTER SHIPPING CONTAINERS SHALL BE MARKED "FAST PAY" 16 (This clause applies if the contract Is for services and B not exempted by applicable regulations of the Department of Labor 1 SERVICE CONTRACT ACT OF 1986 Except to the extent that an exemption, variation, or tolerance would apply pursuant to 29 CFR 4 6 tf that were a contract m excess of S2,500, the Contractor and any subcontractor hereunder shall pay all of ho employees engaged in performing work on the contract not less than the minimum wage specified under section 6(a)(1) of the Flit Labor Standards Act of 1938, as amended (SI 60 per hour) However, in cases where section 6(e)(2) of the Fair labor Standards Act of 1938 is applicable the rates specified therein wall apply All regulations and interpretations of the Service Contract Act of 1965 expressed in 29 CFR Part 4 are hereby incorporated by reference m this contract ADDITIONAL GENERAL PROVISIONS 17 CHANGES The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the general Rope of this contract, m (i) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactures for the Government in accordance therewith (u) method of slupment or packing, and (tai) 'lace of delivery If any such change causes an increase or decrease in the cost o(, or the time required for performance of this contract, whether changed or not changed by any such order, an equitable adjustment that! be nude by written modification of this contract Any clams by the Contractor for adjustment under thus clause must be asserted wahm 30 days from the date of tempt by the Contractor of the notification of change provided that the Contracting Officer. if he decides Out the facts wanly such action, may receive and act upon any such claim of asserted prior to final payment, under This contract Fadore to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract emoted "Disputes However nottung m this clause shall excuse the Contractor from proceeding with the contract as changed 18 TERMINATION FOR DEFAULT The Contracting Officer, by written notice, may terminate this contract. in whole or in parr, fur Caudle of the Contra: err to pe■oam any of the prtnurnns hereof In such event, the Contractor shall be liable for damages, including the excess cost of reprocunng sumlar supplies or services, pronded that, of (i) it is determined for any reason Mat the Contractor was not in defaLIt or (r) the Contractor s (alure to perform u without bus and ha subcontractors control, fault or negligence, the temunanon shall be deemed to be a termination foe convenience under paragraph 19 As used in the provwon the term "subcontractor" and "aubcontactors" means subcontractors at any tier 19 TERMINATION FOR CONVENIENCE The Contracting Officer, by written nosier, may lerminate this contract, in whole or in part, when a is m the best interest of the Government If Ma contract n for supplies and taw terminated, the Contractor shall be compensated In accordance with Section VIII of the Armed Semois Procurement Regulation, in effect on this contracts date To the extent that this contract a for semen and 11 so terminated, the Government shall be liable only for payment m accordance with the payment provisions of that contact for services rendered prior to she effective data of termination 20 ASSIGNMENT OF CLAIMS Cleans for monies due or 10 become due under Ma connect shall bt assigned only pursuant 10 the Assignment of Clain Act of 1940, a amended 131 L S C 20J 41 US C 131 However, payments to an autgnet of monies under the contract shall nos, to the extent provided in said Act, as amended, be subject to reduction en et-off (See Clause 12 ACCEPTANCE The Con:metnr hereby accepts the offer represented by rho numbered purchase order as it may peevausly have been or a now modified subject to all of the ream and conditions et fowls wad agrees to perform the same NAME OF CONTRACTOR G�TY o f J G- .IJQs bipNATURE TYPED NOME AND TITLE 1 ORTE a.ONEO DAv p T. Ff_o 0STiZol.q )t OIL f__ ADDITIONAL GENERAL PROVISIONS (CONTINUED) (For use with DD Form 1155 for the procurement of supplies and services when the amount of this contract is in excess of $2,500 but not in excess of $10,000) Issued By: Department of the Army, Corps of Engineers 21. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME COMPENSATION (1971 NOV) (The following clause is applicable if this contract is It excess of $2,500) This contract,to the extent that it is of a character specified in the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 333), is subject to the following provlsions and to all other applicable provisions and exceptions of such Act and the regulations of the Secretary of Labor thereunder. (a) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work Which may require or Involve the employment of laborers ex mechanics shall requue or permit any laborer or mechanic in any workweek m which he is employed on rirch work' to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one half times his basic rate of pay for ill such hours worked.in excess of eight hours in any calendar day or m excess of forty hours in such workweek, whichever is the greater number of overtime hours. (b) Violation, liability for unpaid wages; liquidated damages. In the event of any violation of the provisions of paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be Computed with respect. to each individual laborer or mechanic employed in violation of the provisions of paragraph (a) in the sum of S 10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph (a). (c) Withholding for unpaid wages and liquidated damages. The Contracting Officer may withhold from the Government Prime Contractor, from any moneys payable on account of work performed by the Contractor or aubcor.tractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and lliquidated damages as provided in the provisions of paragraph (b). (d) Subcontracts. The Contractor shall insert paragraphs (a) through (d) of this clause in all subcontracts, and shall require their inclusion in all subcontracts of any ter. (e) Records. The Contractor shall maintain payroll records containing the information specified in 29 CFR 516.2(a). Such records shall be preserved for three years from the completion of the contract. (ASPR 7- 103.16(a)) 2 SERVICE CONTRACT ACT OF 1965 (1977 (The following clause is applicable if this contract is In excess of $2.500 and is for services/ This contract. to the extent that it is of the character to which the Service Contract Act of 1965 (P.L. 89 -286) applies, is subject to the toilowi ng provisions and to all other applicable provisions of the Act and the regulations of the Secretary of Labor thereunder (29 CFR Parts 4 and 1516). (a) Compensation. Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the muumum monetary wage and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or his authorized representative, as specified in any attachment to this contract. If there is such an attachment, any class of service employees which is not listed therein. but which is to be employed under this contract, shall be classified by the Contractor so as to provide a reasonable relationship between such classifications and those listed in the attachment, and, shall be paid such monetary wages and furnished such fringe benefits as are determined by agreement of the Interested parties, who shall be deemed to be the contracting agency, the Contractor, and the employees who will perform on the contract or their representatives. If the interested parties do not agree on a classification or reclassification which is, in fact, conformable, the Contracting Officer shall submit the question, together with his recommendation, to the Administrator of the Wage and Hour and Public Contracts Divisions, Department of Labor, or his authorized representative tor final determination. Failure to pay such employees the compensation agreed upon by the interested parties or finally determined by the Administrator or his authorized representative shall be a violation of this contract. No employee engaged in performing work on this contract shall in any event be paid less than the minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended (current minimum wage). (b) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of fringe benefits, or by making equivalent or differential payments in cash, pursuant to appbcable rules of the Admirustrator of the Wage and ilour and Public Contracts Divisions, Department of Labor (Subpart 13 of Part 4 (29 CFR)). (c) Minimum wage. in the absence of a minimum wage attachment for this contract, neither the Contractor not any subcontractor under this contract shall pay any of his employees performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(t) of the Fair Labor Standards Act of 1938 (current minimum wage). However, in cases where section 6(e)(2) of the Fau Labor Standards Act of 1938 is applicable, the rates specified therein will apply. Nothing in this provision shall relieve the Contractor or any subcontractor of any other obligation under taw or ,antract for the payment of a higher wage to any employee. (d) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to he paid nu "uant to this contract, or shall post a n ttce of such w.: e. and benefits in a prominent and acce'.,iute (Add. Gen. Prov. DD 1155) (unoIY and Service) place at the worksite, using such poster as may be provided by the Department of Labor. (e) Safe and sanitary working conditions The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaecd to furnish these services. Except insofar as a noncompliance can be justified as provided in section 1516.1(c) of Title' 29 CFR, this will require compliance with the applicable standards, specifications. and codes developed and published by the U.S. Department of Labor, any other agency of the United States, and any nationally recognized professional organization such as, without limitation, the following: National Bureau of Standards, U.S. Department of Commerce. Public Health Service, U.S. Department of Health, Education and Welfare. Bureau of Mines, U.S. Department of the Interior. United States of America Standards Institute (American Standards Association). National Fire Piotectiert Association. American Society of Mechanical Engineers American Society for Testing and Materials. American Conference of Governmental Industrial Hygienists. Information as to the latest standards, specifications, and codes applicable to the contract is available at the office of the Director of the Bureau of Labor Standards, U.S. Department of Labor, Railway Labor Building, 400 First Street, NW., Washington, D.C. 20212, or at any of the regional offices of the Bureau of Labor Standards as follows: (1) North Atlantic Re ion, 341 Ninth Avenue, Room 920, New York. N.Y. 10001 (Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont, New Jersey and Puerto Rico). (2) Middle Atlantic Region, 1110 —B Federal Building, Charles Center, 31 Hopkins Plaza, Baltimore, Md. 21201 (Delaware, District of Columbia, Maryland, North Carolina, Pennsylvania, Virginia and West Virginia). (3) South Atlantic Region, 1371 Peachtree Street NE., Suite 723, Atlanta, Ga. 30309 (Alabama, Florida, Georgia, Mississippi, South Carolina and Tennessee). (4) Great Lake Region, 848 Federal Office Building, 219 South Dearborn Street, Chicago, 111. 60604 (Illinois, Indiana, Kentucky, Michigan, Minnesota, Ohio and Wisconsin). (5) Mid Western Region, 2100 Federal Office Building, 911 Walnut Street, Kansas City, Mo. 64106 (Colorado, Idaho, Iowa, Kansas, Missoun, Montana, Nebreeka, North Dakota, Soutli Dakota, Utah and Wyoming). (6) Western Gulf Region, 411 North Akard Street, Room 601, Dallas, Tex. 75201 (Arkansas, Louisiana, New Mexico, Oklahoma and Texas) (7) Pacific Region, 10353 Federal Building, 450 Golden Gate Avenue, Box 36017, San Francisco, Calif. 94102 (Alaska, Anzona, California, Hawaii, Nevada, Oregon, Washington and Guam). (f) Records. The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified below for each employee subject to the Act and shall make them (17 May 76) available for inspection and transcription by authorized representatives of the Administrator of the Wage and Hour and Public Contracts Divisions, U S. Department of Labor. (1) His name and address. (2) His work classification or classifications, rate or rates of monetary wages and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation. (3) His daily and weekly hours so worked. (4) Any deductions, rebates, or refunds from his total daily or weekly compensation. (5) A list of monetary wages and fringe benefits for those classes of service employees not included in the minimum wage attachment to this contract, but for which such wage rates or fnnge benefits have been determined by the interested parties or by the Administrator of the Wage and Hour and Public Contracts Divisions, Department of Labor, or his authorized representative pursuant to the labor standards in paragraph (a) of this clause. A copy of the report required by paragraph (j) of this clause shall be deemed to be such a list. (g) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums -as he, or an appropriate officer of the Labor Department, decides may be necessary to pay underpaid employees. Additionally, any failure to comply with the requirements of this clause relating to the Service Contract Act of 1965 may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost. (h) Subcontractors. The Contractor agrees to insert the paragraphs of this clause relating to the Service Contract Act of 1965 in all subcontracts. The term "Contractor" as used in these paragraphs in any subcontract, shall be deemed to refer to the subcontractor, except in the term Government Prime Contractor." (i) Service employee. As used in this clause relating to the Service Contract Act of 1965, the term "service employee" means guards, watchmen, and any person engaged in a recognized trade or craft, or other skilled mechanical craft, or in unskilled, semiskilled, or skilled manual labor occupations; and any other employee including a foreman or supervisor in a position having trade, craft, or laboring experience as the paramount requirement; and shall include all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons (j) Contractor's report. If there is a wage determination attachment to this contract and one or more classes of service employees which are not listed thereon are to be employed under the contract, the Contractor shall report to the Contracting Officer the monetary wages to be paid and the fringe benefits to be provided each such class of service employee. Such report shall be made promptly as soon as such compensation has been determined as provided in paragraph (a) of this clause. (k) Regulations incorporated by reference. All interpretations of the Service Contract Act of 1965 expressed in Subpart C of Part 4 (29 CFR) are hereby incorporated by reference in this contract. (I) These clauses relating to the Service Contract Act of 1965 shall not apply to the following: (1) Any contract of the United States or District of Columbia for construction, alteration and /or repair, including painting and decorating of public buildings 2 (Add. Gen. Prov. DD 1155) (Supply and Service) or public works; (2) Any work required to be done in accordance with the provisions of the Walsh— Healey Public Contracts Act (49 Stat. 2036); (3) Any contract for the carriage of freight or personnel by vessel, airplane, bus, truck, express, railway line, or oil or gas pipeline where published tariff rates are in effect, or where such carriage is subject to rates covered by section 22 of the Interstate Commerce Act; (4) Any contract for the furnishing of services by radio, telephone, telegraph, or cable companies, subject to the Communications Act of 1934; (5) Any contract for public utility servtces, including electric light and power, water, steam, and gas; (6) Any employment contract providing for direct services to a Federal agency by an individual or individuals; (7) Any contract with the Post Office Department, the principal purpose of which is the operation of postal contract stations; (8) Any services to be furnished outside the United States. For geographic purposes, the "United States" is defined in section 8(d) of the Service Contract Act to include any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Outer Continental Shelf Lands, as defined in the Outer Continental Shelf Lands Act, American Samoa, Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoll, Johnston Island. It does not include any other territory under the jurisdiction of the United States or any United States base or possession within a foreign country. (9) Any of the following contracts exempted from all provisions of the Service Contract Act of 1965, pursuant to section 4(b) of the Act, which exemptions the Secretary of Labor hereby finds necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: Contracts entered into by the United States with common carriers for the carnage of mail by rail, air (except air star routes), bus, and ocean vessel, where such carnage- is performed on regularly scheduled runs of the trains, airplanes, buses, and vessels over regularly established routes and accounts for an insubstantial portion of the revenue therefrom. (m) Notwithstanding any of the provisions in paragraphs (a) through (k) of this clause, relating to the Service Contract Act of 1965, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor hereby finds pursuant to section 4(b) of the Act to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business. (1) (i) Apprentices, student learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Service Contract Act of 196 without diminishing any fnnge benefits or cash paynents in lieu thereof required under section 2(a)(2) of that Act, in accordance with the procedures prescribed for the employment of apprentices, student learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator of the Wage and Hour and Public Contracts Divisions of the Department of Labor (Parts 520, 521, 524, and 525 of 29 CFR). (up The Administrator will issue certificates under the Service Contract Act of 1965 for the employment of apprentices, student learners, handicapped persons, or handicapped clients of sheltered workshops not (17 May 76) Subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (Parts 520, 521, 524, and 525 of 29 CFR) (iii) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations. (2) An employee engaged m an occupation in which he customarily and regularly receives more than S20 a month in tips may have the amount of his tips credited by his employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with the regulations in Part 531 of 29 CFR: Provided, however, That the amount of such credit may not exceed 80 cents per hour. (ASPR 7- 1903.41(a)) 23. FAIR LABOR STANDARDS ACT AMENDMENT (1974 MAY) (The following clause is applicable if this contract is for services) Notwithstanding any other provision of this contract, the minimum wage payment shall be as specified by F.L. 93 -259 or the service contract act wage determination rate, if any, whichever is greater. 24. ALTERATIONS The following alteration has •been made and is applicable if the procurement identification number is prefixed by the letters "DACW 5. DISPUTES. As used in Clause 5 of the General Provisions "Secretary" means the "Secretary of the Army and "his duly authorized representative" means "the Chief of Engineers, Department of the Army, or an individual or board designated by him." (EC1 7 -071) 25. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (1976 MAY) (a) The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following• employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (c) In the event of the contractor's noncompliance with the requirements of this clause, action for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (d) The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and .T 3 (Add. Gen. Prov. DD 1155) (Supply Service) applicants for employment, and the rights of applicants and employees. (e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (f) The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to section 503 of the Act, 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 Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. (ASPR 7- 103.23) 26. COLLECTIVE BARGAINING AGREEMENT (The following clause is applicable if this contract is for services) The Contractor agrees to provide to the Contracting Officer, upon request, a copy of any collective bargaining agreement applicable to employees performing under this contract. 4. (17 May 76) 4 (Add. Gen. Prov. DD 1155) (Supply and Service) s y 4, STANDARD FORM 36, JULY 1966 GENERAL SERVICES ADMINISTRATION fE0 PROC. REG. (41 CFR) 1 -16 101 KAME Of OffEROR OR CONTRACTOR Cary c ITEM NO. 36- 108 -02 CONTINUATION SHEET SUPPLIES /SERVICES The government agrees that it will reimburse profit for all necessary expenses incurred b; of labor and other related administrative co: volved. Reimbursement for labor costs expert( performed shall be made on a monthly basis it certified invoices in triplicate, supported ments made by the City of Port Angeles as ma: officer. r RR: Engineering Division, Service Branch REF. NO. OP DOC. BEING CONE. DACW67 -78 -M -0701 Port Angeles), and be consistent with the observation Monday through Friday for the period 01 January 1978 t Hourly overtime rate of pay is authorized at 1.5 time: work performed on Saturday, Sunday and Holidh.ys. Adm: ing fringe benefits will be allowed at rate of 30% ano hourly rate of pay. PAGE I OF 2 2 QUANTITY UNfT UNIT PRICE AMOUNT beiig made by :he City, hroigh 31 Decenber 1978. the City of Port Angeles without the Cit: of Port Angelis for cost ts for p yme nt of per so tne l fin- ed in cot with tae work arrears upcn receipt of properly by such t vidence of monthly -pay be required by the ordering 'the regular rate for all nistrative costs includ- will be added to the OA. .0VUU111UT menus wntl i 1 114 0 -114-141 ALTERATIONS IN CONTRACT(1949 J'UL) The following alterations have been made in the provisions of this contract: Delete paragraph 7(on reverse side of order for Supplies /Services, DD Form 1155r) and substitute the following: CONVICT LABOr(1975 OCT) In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89 -176, September 10, 1965 (1 R T► C r_ 4n82( (2)0 anti Executive Order 11755 December 29 1973. ASPR 7- 104.17 NPSOP -NP Honorable Sam Haguewood Mayor of Port Angeles Port Angeles, Washington 98362 Dear Mayor Haguewood: Please reference our 25 February 1981 letter providing an estimate of the City's share (6.9 percent) of Fiscal Year 1982 (FY82) Operations and Maintenance (O &M) costs for the Ediz Hook Beach Erosion Control Project. The purpose of this let- ter is to provide final FY81 costs, FY82 bill (estimated), FY83 cost estimate, and furnish all five copies of the Project O &M Manual. An invoice for $1,655 is attached and is explained as follows: FY80 (First Year) Costs $25,000 x 6.9% FY81 (Second Year) Costs $22,588 x 6.9% FY80 Contribution FY81 Contribution FY80 and FY81 Contribution Surplus FY82 Costs (estimate unchanged) $59,000 x 6.9% Unfunded FY82 City Costs Approximately 100,000 cubic yards of beach feed fill is scheduled for FY83 at an estimated cost of $1,170,000, including engineering and contract administration. The City's resultant 6.9 percent share of total FY83 costs is estimated at $80,730. The FY82 costs will be adjusted as part of the FY83 billing in a similar letter next October. If you have questions, please do not hesitate to call Mr. Bob Parry at 764 -3402. 2 Incl As stated Copy Furnished: Mr. David Floodstrom Director of Public Works City of Port Angeles Port Angeles, WA 98362 DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. BOX C -3755 SEATTLE. WASHINGTON 98124 Sincerely, Sub Total Sub Total H. LATTA Chief, Operations Division O,5S, 1 City's $1,725 1,559 $3,284 $1,850 $3,850 $5,700 $2,416 $4,071 $1,655 s°:-.41 A 1 :�I' G fu; •■tnldJS(.,gKN4i. EisG1NEEH :•t 11 1: ca -r r (,F t Ni. 4 P i) OOX c SFATT1.F WA. 4IMLI()r( 01124 xis Da r 26 OCT. 198:. BILL F()R coLL ;(;ri'i(DN (I)eparunent or Fatabhstunen, and 13 -au or 015. (4ddrrss) Honorable Sam Haguewood Mayor of Port Angeles Port Angeles, Washington 98362 DESCRIPTION Quantity Required contribution of operation and maintenance costs for Ediz Hook Beach erosion control for Fiscal year 1982. 1 rod( 1 of p.1)111( iO .,f 11.e .11n11.r bill I,,. l,. made in .fah. 1 I1111(,l SLltea postal munr) Of (1( e'epreas money order, Lank (halt, or check, to 111r 111114 r 1111114 and Su, h tr n.lei, hi n in .ms utter, 1441 111 Ilun t.( It, .4)1 b r dls.. to the urtlri of the I)rpartmrnt or Establishment steal 11u(rau ur (116,r ,ndu air .1 abuvr. Rt,r.11R w ill he issued ,n all casts ..ht. ash" is r(_,.sed, and only ui,un (r,lu(st ••hen remittance Is in any other 14)1111 If tender of pat 4)i. nt of this hill is other than cash or 1. nitcd States postal money oiorr, ihr retript shall not become an acquittance until such tender has berm cl••ared .to.. the amount recr„ed by the Department or I..t.thlrshnicnt and Bureau or ()filet- indicated above FAII,.:e to itcet.c a rete.pt for a cash 1... ncnt should Lr pt umiak r ported by the payer to the hief administrative officer of the bureau 01 Agent.) °•I l,,,s.• 96X8862/968862 This is not a receipt INSTRUCTIONS .7 ,1 bill No. B01820071 Unit Price Cost Per Datc 26 OCT. 1981 This bill should be returned by Me Foyer u,rth his remittance. SEE INSTRUCTIONS BELOW. Amount 1,655 00 AMOUNT DUE THIS BILL, 1,655 00 v issu oro rsfYea r N Working at high tide, construction worker Mike Neiman gets sprayed while helping to direct crane operations on the sea wall at Ediz Hook. Workers began to remove boulders from the existing wall to make room Hook's erosion work under way Work on the Ediz Hook. permanent erosion control project started today as workers began stripping away the existing rock face and placing new boulders on the northwest sea wall. This part of the project, which is the result of years of planning and of legislative work, will cost $3,987,800. General Construction of Port Angeles Seattle is contracted for the project. The City of Port Angeles is providing $424,000 for the project and is taking care of land easements and other details of the work. Two million dollars for the project were appropriated in the harbors and rivers measure signed by President Gerald Ford June 30, 1976. The first barge of rock for the new wall arrived at the Hook Wednesday. The barges were loaded at Mats Mats Bay quarry in eastern Jefferson County and towed for nine hours to the project site. Each loaded barge weighs approx- imately 1,400 tons. The project will use 380,000 tons of rock and 150,000 tons of gravel. Rocks in the existing wall will also be used in the project if they meet construction standards. Standards require armor rock the outer layer and largest boulders) to be between 3,000 and 8,000 pounds each. A second layer of class C (or rip -rap rock) must weigh between 25 and 600 pounds. Rock in the existing wall which is not used in the new wall will be dumped offshore and is expected to wash back into the new wall, increasing the wall's stability, according to Bill Urban, the contractor's project manager. "To the casual observer it won't look like much," said Urban. "Till we're here about a month you won't see much progress." The process of stripping the old wall and placing the new armor rock is a slow process, he added. Each large boulder must be dropped in place one at a time by a crane. Work at the project now consists of using a loader on the barge to load dump trucks, which delivers the rock to the construction area. A crane sets the boulders in place. Smaller rock will be placed by various means, said Urban, including dumping, use of earth moving machines and a crane. Ten equipment operators are working on the project. It is expected to be completed in October 1978, said Urban. The new wall will extend 2.25 miles on the northwest side of Ediz Hook, between the Crown Zellerbach mill and the Coast Guard station. Port Angeles, Wash. 98362 (452- 2345)— Thursday, March 17, 1977 for new boulders on the wall today. Boulders were barged to the project site on Wednesday. —Daily News Photo by Tom Thompson By ANDRE ARMSTRONG The City of Port Angeles will spend $76,000 for revetment repairs on Ediz }look from the Coast Guard Air Base to the end of the Hook. General Construction Co. of Seattle was previously contracted to do repair work on the Hook from Crown Zellerbach mill, to the Coast Guard base at a cost of $3,987,800. That work is costing the city $386,000. Other payment of the project is through federal funds appropriated for harbor and river repairs. Vern Clark, of the Army Crops of Engineers, told the city council Wednesday that additional erosion of the Hook, caused by storms in the fall of 1976, require the extension through Coast Guard property. The additional repairs will cost slightly more than $1,000,000, said Clark. Cost to the city will be $100,000. Clark said $76,000 will be the actual cost to the city because $424,000 was originally put in escrow by the city for Hook repairs. When contract bids were lower than expected, the city was left with $34,000. Applying the $34,000 to the $100,000 additional construction cost left the city owing $76,000. Becatuse of the added cost, the city could have objected by registering City will pay Hook funds' complaints with U.S. Congressional representatives from Washington state, Cook said. He recommended that if the city decides to do that, it still pay the $76,000. City council representatives chose not to challenge the additional cost. They voted unanimously to pay the added expense for Hook repairs. "Without Ediz Hook, we wouldn't be here," said councilwoman Lorraine Ross. Cook said the added work will be contracted separately from the current work. Bidding will be open to all companies, not just General Construction, he said. In addition to the /cost for the additional work, Cook said the city will have to pay for continued maintenance of Ediz Hook. Once construction is completed, monitoring of the Hook and incidental maintenance will cost $25,000 in 1979, Cook said. Beachfeed rock will cost about $300,000 in later years, he said. The city will share the cost at the same 6.9 per cent rate for construction it now pays, he added. "It's just like a house," Cook said. "It will continue to require maintenance and repairs." Other council stories on pages 3 and 14 NPSEN -DB Honorable Carleton B. Olson Mayor of Port Angeles Port Angeles, Washington 98362 Dear Mayor Olson: This will confirm information provided to your Mr. Ken Whorton in a 1 June 1977 telephone call by our Mr. Vernon Cook regarding beach erosion protection on Ediz Hook. In our 6 May 1977 letter to you, we estimated a late July or early August advertising date for the extension of protection work on the Hook. Because of the need to accomplish as much work as possible, prior to the winter storm season, we are planning to advance the date of advertising to 11 July 1977. Accordingly, we will need to receive a letter by 8 July 1977 from the Port Angeles Branch of Seattle -First National Bank (escrow agent) acknowledging receipt of $76,000 from the city. The $76,000 is the city's estimated share of additional cost required for the extension of protection work on Ediz Hook. We understand this earlier than anticipated deposit of funds will not cause the city a problem. If you have any questions on this matter, please contact me, telephone (206) 764 -3690, or Mr. Vernon Cook, Project Manager, (206) 764 -3455. Copy furnished: r/' Kenneth Whorton, City Manager City of Port Angeles 140 West Front Street Port Angeles, Washington 98362 DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS PO BOX C -3755 SEATTLE. WASHINGTON 98124 Sincerely yours, WARREN A. ERLWEIN Executive Asfivtant i :8 UUN 197j i., 5,55 budget; day of ATTEST: /°.,:z City Clerk APPROVED r AS,TO,FORM• City Attorney PUBLISHED: ,2 4/e9/7 ORDINANCE NO. /9;29 AN ORDINANCE authorizing an appropriation of $76,000 from Interfund Distribution to fund City contribution for an exten- sion of protection work on the Ediz Hook Erosion Control Project. WHEREAS, the City of Port Angeles has an agreement with the United States Government for local cooperation on the Ediz Hook Erosion Control Project; AND WHEREAS, the United States Department of the Army, Corps of Engineers has determined modifications to the Original Project Scope, involving extension of the easterly protection work in order to maintain the integrity of Ediz Hook; AND WHEREAS, the City Council of the City of Port Angeles, at its regular meeting on May 11, 1977 did approve an additional contribution of $76,000 to fund the extended project work; WHEREAS, such funds are not provided in the regular City NOW, THEREFORE, be it ordained by the City Council of the City of Port Angeles that the sum of $76,000 is hereby appro- priated from the interfund distribution fund and transferred to the General Administration Department for payment of additional project work. PASSED by the City Council of Port Angeles this 19 77 Mayor` To: City of Port Angeles (name and address of the applicant) P. 0. Box 711, 140 West Front Street, Port Angeles, WA 98362 The proposal by the City of Port Angeles to undertake the following (name of applicant) development strengthening of existing rock revetment (be specific) upon the following property on northerly beach of Ediz Hook (legal description) .within Strait of Juan de Fuca and /or its associated wetlands (name of water area) is exampt from the requirement of a substantial development permit because the development strengthens existing f a c i l i t y and will prevent (Identify exemptions as outlined in WAC 173 breaching of the spit. 14 -040) EXEMPTION FROM SHORELINE MANAGEMENT ACT SUBSTANTIAL DEVELOPMENT PERMIT REQUIREMENT NPSOP- RF -76 -6 (Corps Public Notice Number if Available) The proposed development is consistent or inconsistent with: CHECK ONE CONSISTENT INCONSISTENT /xx/ December 2, 1976 (Date) Policies of the Shoreline Manage ment Act. The guidelines of the Department of Ecology where no master progrem has been finally approved or adopted by the department. 5.55 The master program 4 arder IX3 MMX XXAXXXMLXXXUXt MMI City Engineer Port Angeles, WA FROM: City Engineer REGARDING: Ediz Hook The Corps of Engineers is about to begin construction of the Ediz Hook Beach Erosion Control Project. This project concerns the beach abutting the Strait of Juan de Fuca. Since this involves the strengthening of the existing rock revetment, and is being done to prevent further breaching of the spit, we are requesting that the City Council authorize a Letter of Exemption from the Shoreline Management Act for this project. MEMORANDUM TO: City Manager JBW/rm 77K/ ,Z qi. /6Alis %J t November 18, 1976 A Ofr John B. Warder City Engineer NOV181976 t CO Y pr t`' PORT ANGELCS i}`%' AMENDMENT TO LEASE BETWEEN THE CITY OF PORT ANGELES AND PENINSULA PLYWOOD 1 THIS AMENDMENT to that certain lease between the City of Port Angeles, a municipal corporation of the State of Washington (City), and PENINSULA PLYWOOD, a division of ITT RAYONIER, INC., a Delaware Corporation, with offices at Port Angeles, Washington (PenPly), WITNESSETH: Whereas, on the 20th_day of July, 1967 the City__ leased .certain_ real property on Ediz Hook to PenPly described in said lease; and Whereas, Ediz Hook has been subject to severe erosion on the seaward side thereof and work to protect against said_erosion has been authorized by the Congress of the United States; and Whereas in order to permit this work to go forward, it is necessary that the City have certain rights in connection with the leased property; Now, therefore, in consideration of the benefit to the leased premises of the work to be done referred to above, the parties mutually agree that certain lease referred to above between the parties is hereby amended so as to contain the following provision: The City reserves the right to construct, operate and maintain beach improvement works on, over, and across that portion of the 41ands lying northerly on the seaward side of the Ediz Hook Road on Lease Lot 6 for purposes as authorized by the Act of Congress approved March 7, 1974, Public Law 93 -251 including the right clear underbrush, buildings, improvements and /or other obstructions there from; to excavate, dredge, cut away, and remove any and all said land and to place thereon dredge, spoil material or rock; and for such other purposes as may be required in connection with said work of improvement or protection. e DATED at Port Angeles, Washington, this day of November, 1976. City Clerk STATE OF WASHINGTON) ss- Couirt PENINSULA yLYWOOD By Manager Land Department This is certify that I& ,4 day of November, 1976, before Me,a in f� the State of Washington, personally appeared CARLETON B. OLSON, as Mayor, and MARIAN C. --PARRISH, as Clerk, to me known to be the Mayor and Clerk, respective- ly, 1 of the CITY ANGELES, a Municipal Corporation, and they atknotaledged to me that they executed the foregoing Amendment to Leage as the and act and deed of said municipal corporation, and on oath stated that they were authorized to __execute the tame, the seal affixed is the corporate seal of said IN WHEREOF, ehaVe set my hand and official seal the day and year first in this certificate above written. V/ a ■144 r NOTARY PUBLIC in and for the State of Washington, residing at Port Angeles. 2 -CITY OF PORT ANGELES, WASHINGTON COV- Mayor 1 Mr. John B. Warder City Engineer City of Port Angeles 140 West Front Street Port Angeles, Washington 98362 Dear Mr. Warder: /V /SC, of -,e-t) 9• DEPARTMENT OF TRANSPORTATI UNITED STATES COAST GUARD Sincerely, /(60 -te P COADy Encl: (1) Easement DOT -CG13- 6154 -77 (4 copies) /(o 76 MAILING ADDRESS 5 .S5 COMMANDER (flp) THIRTEENTH COAS GUARD DISTRIC 915 SECOND AVE SEATTLE. WASH 96174 PHONE 442 -5620 '11011 8 November 1976 Enclosed are four copies of easement DOT -CG13- 6154 -77 which grants to the City of Port Angeles the right to construct and maintain beach improvement works on the Coast Guard land on Fdiz Hook. Please execute and record all four copies of the easement and the Title VI Assurances. It is requested that the City of Port Angeles retain the original of the easement and return the three executed copies to the Coast Guard at the address shown above. Commander, U S. Coast Guard Chief, Comptroller Division By direction of the District Commander Thirteenth Coast Guard District An easement described as follows: EASEMENT DOT -CG13- 6154 -77 1. The United States of America by and through the Commander, Thirteenth Coast Guard District, 915 Second Avenue, Seattle, Washington 98174 does, pursuant to 14 U.S.C. 93 (o) and 40 U.S.C. 319 -319C, hereby grant and convey to the CITY OF PORT ANGELES, Port Angeles, Washington 98362. The upland areas of Ediz Hook located in Township 31 North, Range 6 West Willamette Meridian, Clallam County, Washington, as platted by the U. S. Bureau of Land Management Plat Map dated 14 December 1956 and specifically defined as follows: a. The easterly portion of Out Lot No. 4 which is Federally owned and assigned to jurisdiction of the Coast Guard. b. All of Out Lot Nos. 5, 6, 7, 8, 9, 10, and 11. 2. Said easement is granted for the following purposes: S.55 A perpetual and assignable right and easement to construct, operate and maintain beach improvement works on, over, and across the above described land for the purposes as authorized by the Act of Congress ap- proved 7 March 1974, Public Law 93 -251, including the right to clear underbrush or other obstructions therefrom; to excavate, dredge, cut away, and remove any and all said land and to place thereon dredge, spoil material or rock; and for such other purposes as may be required in connection with said work of improvement; and included as an appurtenance to said easement is a right of access thereto over land owned by the UNITED STATES OF AMERICA reserving, however, to the UNITED STATES OF AMERICA all such rights and privileges as may be used without interfering with or abriding the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. 3. Terms and Conditions: a. The grantee, for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, and as a term and condition of this easement, does hereby covenant and agree that (1) no person on the ground of race, color, or national origin shall be excluded from participation in, denied the, benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the grantee shall use the premises in compliance with all other requirements imposed by or Enclosure (1) 0 EASEMENT DOT -CG13- 6154 -77 ,pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimina- tion in Federally- assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. b. The grantee has executed the Standard Department of Transportation Title VI Assurances, an executed copy of which is attached,hereto and made part hereof. The grantee accepts the provisions of the Assurances as part of the terms, conditions and covenants of this easement. c. In the event of breach of any of the terms, conditions or covenants of the Standard Department of Transportation Title VI Assurances, the United States shall have the right to terminate the easement, and re -enter and repossess said land and the facilities thereon, and hold the same as if said easement had never been made or issued. 4. This easement is granted subject to the following restrictions: a. That the Coast Guard be given reasonable advance notice of any major construction operations and project authorization changes. b. That any activities conducted on Out Lots 8,9, 10, and 11 shall be done only with the prior knowledge and concurrence of the :COMMANDER, THIRTEENTH COAST GUARD DISTRICT. c. That the operational plans for specific activities on Out Lots 9, 10, and 11 be cleared in advance with the Commanding Officer, U.S. Coast Guard Station, Port Angeles, Washington. In approval of such specific activities Coast Guard aircraft operations or other essential Coast Guard functions shall have first priority. 5. Termination a. The United States shall have the right to terminate this easement if the City of Port Angeles: (1) fails to comply with any term, consideration or restriction of this easement or (2) abandons this easement. EASEMENT DOT -CG13- 6154 -77 The United States Coast Guard, by and through the Commander, Thirteenth Coast Guard District, does hereby the within easement and all the terms and conditions thereof this /USA day of 01.?- D✓U14 1976. UNITED 'STATES OF AMERICA BY(J J &411\01\N R. J. WILLIAMSON, LT USCG Contracting Officer 13th Coast Guard District ACKNOWLEDGEMENT I, e P. C a commissioned officer in the United States Coast Guard, and under authority contained in 14 U.S.C. 636, do certify that before me personally appeared '>?5 on the !C) T day of a)..0i.r„42.1 1976, to me known to be the individual 'described herein, and who executed the foregoing easement, and acknowledged that he executed the foregoing instrument as his own free and voluntary act and deed for the uses and purposes therein mentioned. h1'. P. COADY, CD SCG Comptroller 13th Coast Guard District EASEMENT DOT -CG13- 6154 -77 The CITY OF PORT ANGELES does hereby accept the written easement and all terms and conditions thereof this /L STATE OF WASHINGTON) ss. COUNTY CLALLAM CITY OF PORT ANGELES day of -tmzit 1976. i On the date below written, personally appeared before me L e to me known to be the _I.1ll/Lro 1/ of the CITY OF PORT ANGELES acknowledged that he signed and sealed the foregoing easement for and as the official act of the CITY OF PORT ANGELES and that the seal affixed is the official seal of said CITY OF PORT ANGELES. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /C. day of t-21„i0 1976. Notary Public for the Stacy of n Washington, residing at T }0 My Commission expires /179 The City of Port Angeles Port Angeles, tom, 98362 DEPARTMENT OF TRANSPORTATION UNITED STATES COAST GUARD COMMANDER f� n 9 j ARD DISTRICT THIRTEENTH C fC$li'G Cl MAILING ADDRESS 915 SECOND AVE SEATTLE. WASH 98174 PHONE (206) 442 -5723 The above named, hereinafter referred to as the "Recipient HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be demied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the recipient receives Federal financial assistance from the Department of Transportation, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7 (a) (1) of the Regulations, a copy of which is attached. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to its appropriate program: 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program conducted, or will be (with regard to a "facility operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids_for work or material subject to the Regulations and made in connection wil, all appropriate programs and, in adapted form in all proposals for negotiated agreements: The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 73 Stat. 252, 42 U.S.C. 2000d to 2000d -4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract subject to the Act and the Regulations. 4. That the Recipient shall insert the.clauses of Appendix B of this assurance, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient recives Federal financial assistance in the form, or for the acquistition of real property or an interest in real property, the assurance shall extend to rights to space on, over or under such property. 7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agree- ments entered into by the recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under the appropriate program; and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under the appropriate program. 8. That this ,assurance obligates the recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property. 9. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation of the official to whom he delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, sub- contractors, transferees, successors in interest, and other participants of Federal financial assustance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 10. The Recipient agrees that the United States has a right to -2- seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under the appropriate program and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors irk interest and other participants in the appropriate program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipient. Pa-t/ DATED 4- rf- eGx /G, /77C Ll Recipient 0 Attachments Appendices A, B, and C t -3- B Signature of Authorized Official a APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally- assisted programs of the Department of Transportation (hereinafter, "DOT Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made apart of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or megotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractors or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient of the appropriate administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Recipient, or the appropriate administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the appropriate administration may determine to be appropraite, including, but not limited to: 0 (a) withholding of payments to the contractor under the contract until the contractor complies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. 1 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1. through 6. in every subcontract, including the procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Recipient or the appropriate administration may direct as a means of enforcing such provisions including sanctions for non compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (HABENDUM CLAUSE) APPENDIX B A. The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the Recipient will accept title to lands and maintain the project constructed thereon, in accordance with the appropriate legislative authority, the Regulations for the administration of the appropriate program and the policies and pro- cedures prescribed by the appropriate administration of the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter referred to as the Regualtions) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d -4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD said lands and interests therein unto the Recipient and its successors forever, subject, however to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real ,property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provsion of similar services or benefits and shall be binding on the Recipient, its successors and assigns. The Recipient, in consideration of the conveyance of siad lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise sub- jected to discrimination with regard to any facility located wholly or in part on, over or under such lands hereby conveyed, and (2) *that the Recipient shall use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Trans- portation, subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, and (3) that in the event of breach of any of the above mentioned nondiscrimination conditions, the Department shall have the right to re -enter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.* *Reverter clause and related language to be used only when it is determined that such a clause is necessary to effectuate the purposes of Title VI of the Civil Rights Act of 1964. APPENDIX C The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the Provisions of Assurance 7 (a). The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covnant and agree (in the case of deeds and leases add "as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc:) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the Recipient shall have the right to re -enter siad lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the Recipient and its assigns. *See first paragraph on next page The following shall be included in all deeds, licenses, leases permits, or similar agreements into which the Recipient enters pursuant to the provisions of Assurance 6 (b). The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land that (1) no person on the ground of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, or national origin shall be excluded from participation in, denied "the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964), and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* 1 That in the event of breach of any of the above nondiscrimination covenants, the Recipient shall have the right to terminate the (license, lease, permit, etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never beer made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination cove mants, -the Recipient shall have the right to re -enter said land and facilities thereon, and the above described lands and facilities shall there- upon revert to and vest in and become the absolute property of the Recipient and its assigns. *Reverter clause and related language to be use only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. t 4 TO: MAYOR AND CITY COUNCIL DATE: 10/28/76 5.S5 FROM: CITY MANAGER KENNETH S WHORTON SUBJECT: PROPOSED DUMPING OF DREDGING MATERIAL FROM TRIDENT PROJECT At the City Council meeting of October 5, 1976, I was directed to investigate the proposed dumping of dredge material from the Trident Project because of its potentially harmful effects on fishing off of Ediz Hook. On the question of revoking the Substantial Development Permit which the City granted in 1972, Mr. Hansen of the Dept. of Natural Resources stated he had never heard of it happening and did not know if it could be done. These permits are good for five years and this one is scheduled to expire in October of 19 77 Lt. Commander Wynn of the Trident Information Office gave me most of the basic data. The project will dump approximately 264,000 cubic yards of material in two stages. Both stages are planned for this dumping area. The material to be dumped is described as relatively clean, non -toxic material that will hold together quite well when dumped. The contractor will be using bottom -dump barges. The first stage of 220,000 cubic yards is proposed for disposal from March through September of 1977. This material is described as wet since it will be dredged and lifted through the water. A coffer will be constructed around the site and the water will be pumped out. After the ground has dried sufficiently, equipment will be placed inside the coffer dam to complete the excavation of the site. This "dry material" of approxi- mately 42,000 yards will complete the second stage and it is anticipated that this material will be dumped sometime after September 1977, but the exact date is unknown at this time. During the first stage it is anticipated that the contractor will be dump- ing 1,500 2,000 cubic yards per day. Lt. Commander Wynn stated some test dumpings had been made to determine the effects of the dumping. The dumping was monitored from an airplane and a boat on the water. He reported that the boat on the water could not see the material in the water and that it was necessary to direct the boat from the plane to the dump area. There were fishermen in the area and he indicated they trolled through it without realizing any material had been dumped. After a period of approximately one hour, he reported the material was completely dispersed. He is sending some photographs of the test dumpings for your perusal. I also inquired about the possibility of Lt. Commander Wynn making a presentation to the City Council and he indicated that their office would not have anyone available on the 2nd of November but would have someone available on the 16th of November if the City Council were still concerned. I discussed this project briefly with representatives of the Dept. of Ecology, Dept. of Fisheries, Dept. of Natural Resources, U. S. Army Corps of Engineers and Trident Information Office. The information I received was about the same; namely, that the material was clean, non -toxic and would have relatively little effect considering the amount proposed to be dumped against the depth of the water and that the dumping would not be detrimental to marine life. Most felt the attached letter from Natural Resources to the Corps of Engineers was a good summary of the situation. Mayor and City Council October 28, 19 7 6 Page two It would be my recommendation that we drop the matter for now but when the Sub- stantial Development Permit comes up for renewal in 1977, we consider adding a stipu- lation that only so many cubic yards can be dumped in any one single year or over the life of the permit. KSW:mak Attach. Kenneth S. Whorton City Manager IMARB01 AREA 4 At September 9, 1976 U. S. Army Corp of Engineers P. 0. Box C -3755 Seattle, Washington 98124 Re: Corp Notice 071- 0YB -2- 003336 -R U. S. N., OICC, Trident Gentlemen: OLYMPIA, WASHINGTON 98504 DoN LLC FHASCI7 surCnvisou Clallam County in its review of the above noted Corp permit notice voiced two areas of concern, namely, the effect of disposal of 264,000 cubic yards of material would have on Ediz Hook, and the effect that the deposited material would have on the marine,environment. By way of a brief background, the sites are managed by the Department of Natural Resources as are all the bedlands in the State. In determining which areas are suitable for spoil disposal sites, the Department relies on the advice of an Interagency Committee composed of U. S. Fish and Wi ldl4fe Service, National Marine Fisheries, U. S. Army Corp of Engineers, Environmental Protection Agency, Washington Department of Ecology, Washington Department of Fisheries, Washington Department of Game and the Department of Natural Resources. The Committee's objective in selecting sites is to provide an area for disposal of spoils that is within reasonable distance for the source of the spoils, while minimizing the damage to living resources and minimizing the disruption of normal human activity. There are actually two sites off the Port Angeles area. Site A at longitude 123 28' 00 latitude 48° 08' 12" was designed to provide material for beach enhancement of Ediz Hook. Site B at longitude 123 24' 00 latitude 48° 09' 00" was an alternate site for material, not used for beach enhancement, would be placed. Site B.is the object of the above mentioned Corp permit. Our records show that a Substantial Development permit was issued by the County on November 11, 1972. Our records further show that the Port of Port Angeles deposited 64,000 cubic yards of material on December 18, 1972. Owens Bros. Inc. deposited 2,000 yards of material on February 3, 1975 and Kaiser Cement and Gypsum presently has a permit for 4,700 yards of material to be deposited. When the Navy approached U. S. Army Corp 'of Engineers Page 2 September 9, 1976 the Department of Natural Resources asking for a site to deposit the material from Trident, the Department referred the matter to the Committee and the Committee unanimously recommended the site at Port Angeles. 4 Site B is located approximately one -half mile directly north of the tip of Ediz Hook in 42 fathoms of water. It is difficult to imagine how this relatively small amount of material when deposited on the site will have any effect whatsoever on the beach at Ediz Hook. In the last six years there have been two large scale studies on the effects of barge dumping of spoils within the State of Washington. The first one was conducted in Dana Passage using materials from Olympia Harbor and the second one was conducted last year in Commence- ment Bay using materials from Duwamish Waterway. The Dana Pass site has the most characteristics in common with Port Angeles Site B. In the Dana Pass study a total of 20,000 yards of fine clay and silt and sand from Olympia Harbor were deposited on the site. Water. currents as high as 2.2 knots were recorded during the study. The following were the findings relative to the barge dumping. A. Material from the barges remained relatively intact as it fell through the water column to the bottom. It subsequently spread out laterally in the water strata near the bottom. Little turbidity or silt was observed in the water. B. The oyster larvae bioassay did not reveal any toxicity in conjunction with barge dumping in Dana Passage. D.' Observations made by the University of Washington Depart- ment of Oceanography generally confirm the results of the diver observations on the bottom at the disposal site. In addition, their observations confirm the lateral movement of material just off the bottom. They observed that the deposited material eroded when current velocity s C. Diver observations on the bottom, November 20, immediately after completion of disposal, revealed that the material was concentrated in an area with a radius of about 200 feet. In the center of this area the material was about 36 inches thick, and at the outside about 6 inches thick. At this time, approximately 38% of the dumped material was within this 200 foot radius area. In March 1973, the observations indicated that the center of the area was reduced to about 21 inches in thickness, and that about 25% of the original material was within the 200 foot radius area. 1 S 1 i rage September 9, 1976 E exceeded 26 cm /sec. Core samples after completion of disposal showed that the spoil deposit was centered under the marker buoy and extended approximately 100 yards in all directions, only slightly elongated in the direction of mean tide currents. Diver observations prior to dumping indicated a signi- ficant population of geoducks was present at the Dana Passage disposal site. The November 1972 observation indicated that geoducks were largely unaffected when the depth of the material did not exceed 6 inches. Some live geoducks were observed in the zone where spoil depth was between 6 and 16 inches; but in the area where the material was 16 inches or more in depth, no live geoducks were observed. When the area was re- examined in March 1973, the depth of the spoil had been decreased to about 21 inches at the center and live geoducks were found over the entire area. This indicated that signi- ficant numbers of geoducks had survived initial burial under as much as 3 feet of material. F. Barge dumping in Dana Passage did not result in any significant change in water quality. There was no indication of damage to life forms beyond the edge of the spoil pile. The material that was resuspended was diluted to the point that it was untraceable. There were no complaints from the salmon fishermen using the heavily fished area less than a mile downstream from the site. From this study and the review of the Commencement Bay study and the interviews with individuals, oceano- .graphers, etc. that have had quite a bit of experience with the dredge spoils, the following general statements can be made. 1. At the time of dumping there will be a plume of suspended fine material formed at the surface. This plume will dissipate in a very short time. 2. The material remains in a cohesive mass while falling through the water to the bottom. 3. A second and larger plume is formed upon impact with the bottom. 4. Approximately 1% of the total load is lost in the surface and bottom plumes and by friction around the outer edges of the mass as it plunges through the water column. 5. Once on the bottom a pile is formed. Many life forms directly under the pile will be smothered, however, those forms that habitually move through the sediment will be U. S. Army Corp Engineers Page 4 September 9, 1976 able to migrate upward to the surface. Free swimming fish in forms such as fish and shellfish, will move in almost immediately to feed upon food items contained in the spoil Material. Benthic forms that find the material compatible will repopulate the area at a later date as they lay eggs and larvae and settle on the pile. 6. The bottom pile will decrease in size through a combin- ation of erosion and dewatering (settling). The amount of erosion will depend upon the type of material present and the current velocity. Light currents produce little or no erosion. Currents of 3 knots will move particles up to one centimeter in diameter. As fine material is eroded from the pile, coarser material, if present, will become exposed and eventually form an armor plating over the pile preventing further erosion. This occurred in Dana Pass where approximately 80% of the material was removed in the first four months, however, after that time the material had settled to the point that no more reduction in pile size occurred. At the Dana Pass site geoducks were covered by the pile and were at first presumed smothered, however, within four months they had extended themselves through the spoil pile and were found in normal numbers all over the spoil area. The material is clean and has passed the requirements of the Environmental Protection Agency, therefore there are no toxicants present. There is quite a high percentage of finds, especially in the 60,000 yards of overburden that will be removed first, howevr, there are gravels mixed in the material and there are gravels in the consolidated glacial till that will be taken out and placed on the top of the pile which should inhibit the erosion of the pile. The bottom around the site appears to be sand and gravel and therefore would be compatible with the material that is being placed there. The site has been used extensively in the past and we have no record of any complaints or problems associated with this use. Therefore, the Department of Natural Resources can after careful review of existing data, see no reason for changing its original recommendation, that the site be used for the disposal of the material from the Trident Project. Very truly yours, BERT L. COLE Commissioner of Public Lands 19 71 a�,; DOUG MAG00N Division of Marine Land Management DM /nr cc: Dept. of Navy Trident Board of County Commissioners Clallam County 4 Funs for jetty on Hook advance Almost all the money needed to build a jetty on Ediz Hook to keep the Strait of Juan de Fuca's high seas from Port Angeles' harbor has been approved by the U.S. Senate's Appropriation Committee; The $2 million requested by Sen. Warren G. Magnuson, D- Wash., in the Senate's public works bill will now be acted on by the full Senate. A spokesman for the senator's office said this morning the fact it got through the committee is "a good sign" it will get the okay of the Senate. The jetty, a finger of large rock to jut out into the Strait, is considered by the Army Corps of Engineers to be essential to controlling currents and waves causing the spit to erode. Total cost of the jetty was considered by Rep. Don Bonker's office to be $2.4 million during action by the Congressman last month. The city will supply some funds for the project. Bunker had requested the full amount but the House Appropriations Committee authorized only $1.1 million. The convened House approved the $1.1 million. The Senate and House have submitted separate public works bills. If the Senate passes the $2.4 million, it will be referred to a joint House and Senate committee for revision. If passed by both bodies, the bill will ^go to the President for his signature. The city has available $600,000 estimated to be its share of the total $6 million cost of the jetty and a new road along the three -mile projection of land, Dave Flodstrom, city public works director, has said. In January of last year, the Army Corps of Engineers cpmpleted temporary erosion control work on the Hook by adding large rock to the outside of much of the spit. Magnuson ,said Thursday about $250 million of tHe$300 million requested in the Senate for Washington state projects will continue construction of additional hydroelectric generating units at federal dam projects on the Columbia and Snake rivers. "Besides providing badly needed jobs in the construction trades, these projects are also increasingly critical to the future power picture of the entire Pacific Northwest," Magnuson told the Associated Press. Other funds in the bill are earmarked for the. U.S. Energy Research and Development Administration's extensive operations in the Tri- Cities area. The annual public works appropriations bill also includes: -42 million for the Second Bacon Siphon and Tunnel in the Columbia Basin Irrigation District. $950,000 for additional screens at Little Goose and Lower Granite dams on the Snake River to prevent steelhead and salmon from being sucked into the power turbines. $50,000 to speed up development of flood control plans for the Centralia Chehalis area. $50,000, to cumin edevelopment•of a comprehensive flood control plan in the Lower Snohomish River Basin. NPSRE -AQ Local Cooperation Ediz Hook Beach Erosion Project, WA Mr. Kenneth S. Whorton, City Manager The City of Port Angeles 140 West Front Street Port Angeles, WA 98362 Dear Mr. Whorton: This letter will confirm your discussions with Bob Frey regarding the acquisition of real property interests for the Ediz Hook Beach Erosion Control Project. The minimum interest in real estate which the City must acquire prior to accomplishment of construction work and to support subsequent main- tenance and operation of the project is a permanent easement for right- of-way for the improvements to be constructed as well as a right of access thereto. Such easements must be absolute and indefeasible, to assure the permanent availability of the property for project purposes. Attached is a sununary of the easement estate which should be drawn into proper form by the City Attorney. We shall be expecting the Cityts Relocation Plan as required by Public Law 91 -646 and wish to remind you that time is truly of the essence in this acquisition program since contract bid opening is now scheduled for 30.November 1976. We are pleased to be of assistance. Please feel free to call us if you have any questions. 1 Incl As stated DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. 130X C -3755 SEATTLE. WASHINGTON 90124 Sincerely, 14 October 1976 LINDA B. VERT, Acting Chief, Acquisition Branch Real Estate Division A perpetual and assignable right and easement to construct, operate and maintain beach improvement works on, over, and across (the land described in Schedule A) (Tracts Nos. I. EASEMENT ESTATE and for the pur- poses as authorized by the Act of Congress approved 7 March 1974, Public Law 93 -251, including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings,'improvements and /or other obstructions therefrom; to excavate, dredge, cut away, and remove any and or rock all said land and to place thereon dredge, spoil material; and for such other purposes as may be required in connection with said work of improve- ment; and included as an appurtenance to said easement is a right of .access thereto over any other lands owned by the first party; reserving, however, to the owners, their heirs and assigns all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. NPSRE -AQ Local Cooperation Ediz Hook Beach Erosion Project, WA Dear Mr. Whorton: DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. BOX C -3755 SEATTLE. WASHINGTON 98124 Mr. Kenneth S. Whorton, City Manager The City of Port Angeles 140 West Front Street Port Angeles, WA 98362 We are pleased to advise you that the Office of the Chief of Engineers has approved both the General Design Memorandum as well as the Local Cooperation Agreement for the Ediz Hook Beach Erosion Control Project. You have already been in contact with Bob Frey of this office, and we ask that you maintain a close liaison in carrying out the various items of local cooperation and the preparation of a Relocation Plan in accord with Public Law 91 -646. It will be necessary to begin immediately your real estate acquisition program for lands and easements necessary to the project. Furthermore, provisions should be made for budgeting the necessary funds into the escrow deposit account with the First National Bank of Port Angeles. Time is truly of the essence, since there will be invitations for bids this year and award of construction for subject project early in January 1977. Thank you for your kind cooperation. Please do not hesitate to call us at (206) 764 -3666 if you have any questions. Sincerely, BR TUtcN ER ief, Acquisition Branch Real Estate Division MEMO: TO: FROM: July 20, 1976 Ken Whorton Rob Orton tL RE: Contract Amendments to Ediz Hook Project 5.55 Ken, Bob Frey, Corps of Engineers, has provided corrected pages to both the Escrow Deposit and Construction agreements, executed by the City on June 14, 1976. The changes are as follows: Escrow Deposit Agreement City's "share of first costs... Beach Protection Works" has been increased to $424,000 from $356,000. Basic Contract Changes, page two, City cash contributions have been modified as follows: First costs, Beach Protection Revetment Works Maintenance Periodic Beach Nourisbment(10 yrs.) Periodic Beach Nourishment (annually) From $356,000(5.8 7,100(9.9%) 12,200(5.8 20,800(9.9 To $424,000( 6.9 7,800(10.9%) 14,500( 6.9 22,900(10.9 Total required contribution by the City has been adjusted upward by $73,100 Attached pages are for your review. By your instructions, they will be inserted in the present agreement. cc: Marian Parrish (with attachments) DATE: June 21, 1976 MEMO TO THE FILE: Ediz Hook Erosion Control Project BY: Rob Orton, Finance Directorj'/ SUBJ: Corps of Engineers Audit, June 17 -18 On June 17th and 18th, Mr. Bob Carr, Corps of Engineers Auditor, con- ducted an inspection of City records pertinent to our participation in the Ediz Hook Erosion Control Project. Specific documents reviewed were: Inasmuch as no official document will be made available to the City, this memorandum will serve as a report of the Audits' findings. I was again verbally informed that all aspects of the audit review were favorable. 1976 City Budget (verification of the $240,000 budgeted contribution to the project reserve) 1974 State of Washington Audit Report 1975 Y/E Treasurer's Report Current Expense Reserve Account Ledger 1.247.00 Treasurer's Report, April 1976 Contracts, agreements, resolutions, and ordinances regarding the project. (These contained in City Clerk's File 5.55) Mr. Carr's audit was conducted from approximately 3:00 PM Thursday, 6/17/76 to 5:00 PM Friday, 6/18/76. cc: Ken Whorton Pat Rodman 5.55 Mr. Carr took xerox copies of virtually all data concerning the project, and was further provided copies of the recently executed Escrow Deposit Agreement and the Council Resolution. Carr indicated complete satisfaction with the City's handling of reserve accounts, general accounting procedures, and overall financial condi- tion. Carr stated that he would be•making a favorable report of his findings to his superiors. The Auditor further informed me that the Corps of Engineers "cannot" release a copy of audit results to the City of Port Angeles implying that the Corps maintained a policy against this practice. On June 21, I confirmed that we were not to receive a copy of the Audit Report through a telephone conversation with the Engineer's Seattle Office (8:30 AM, 6/21/76). NPSRE -AQ Local Cooperation Ediz Hook Beach Erosion Project, WA Dear Mr. Whorton: DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. BOX C -3755 SEATTLE. WASHINGTON 98124 Mr. Kenneth S. Whorton, City Manager The City of Port Angeles 140 West Front Street Port Angeles, WA 98362 As discussed with Bob Frey of this office, we are forwarding four ,copies of the Local Cooperation Agreement for the Ediz Hook Beach Erosion Control Project. The original and two of the copies should be executed by the Mayor.and countersigned by the City Attorney. In addition we shall require three original copies of a resolution by the City Council empowering the Mayor to sign said agreement. We are also forwarding for your review our Escrow Deposit Agreement which will be ancillary to the Local Cooperation Agreement we anticipate the City will cause to be signed on 14 June 1976. With your approval, we shall forward the draft Escrow Deposit Agreement to the Office of the Chief of Engineers for consideration with the Local Cooperation Agreement. Time is of thei essence ;since we plan to submit the Local Co- Agreement and a request for construction monies concurrently with the Design Memorandum seeking project approval. If you have any questions, please feel free to contact this office at 764 -3666. 2 Incl 1. Local Cooperation Agreement (quad) 2. Escrow Deposit Agreement Sincerely, B L. RNER t egief, Acquisition Branch Real Estate Division 10 June 1976 NPSEN -DB -CI SUBJECT: Ediz Hook Beach Erosion Control, Port Angeles, Washington, General Design Memorandum Division Engineer, North Pacific 1. Transmitted for review and approval is General Design Memorandum for Ediz Hook Beach Erosion Control, Port Angeles, Washington. 2. This General Design Memorandum (GDM) combines Phases 1 and 2 as approved by NPDEN -TE 1st Indorsement, dated 22 August 1974, to NPSEN -DB basic letter dated 15 August 1974, subject: Ediz Hook, Port Angeles, Washington. In summary, this design memorandum reaffirms the findings of the project document, provides the basis for a reliable estimate of project cost, establishes.the project schedule, provides the basis for local cost sharing, and provides the basis of design for preparation of plans and specifications. 3. The total project cost is estimated at $5,800,000. However, we recommend that the latest approved PB -3 project cost estimate of $7,850,000 be retained until after bid opening. This recommendation is based on unpredictable influence of inflation on construction unit costs. Also, costs could increase from continued erosion of the spit if construction is delayed beyond the scheduled start in the fall of 1976. FOR THE DISTRICT ENGIYEER: 1 Inc1 (6 cys) as t, DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. BOX C -3755 SEATTLE. WASHINGTON 99124 14 MAY /J JOIN J. J:?. Lt. Colonol. Co. I; r, rnRinosrR Deputy 5.55 1. GENERAL 1.01 Authority. The project to control beach erosion of Ediz Hook at Port Angeles, Washington, as recommended by the Chief of Engineers, is described in House Document No. 93 -101, 93rd Congress, 1st Session. Under provision of the Water Resources Development Act of 1974, Public Law 93 -251, the project was approved 7 March 1974. 1.02 Purpose and scope. This design memorandum is the advanced engi- neering and design report for the Ediz Hook Beach Erosion Control Project. This design memorandum reaffirms the finding of House Document No. 93 -101, and provides the basis of design, cost estimate, and schedule for construction of the project. The design presented herein will serve as the basis for preparing 'plans and specifications. 1.03 Project plan. The plan for beach erosion control at Ediz Hook to prevent permanent breaching of the Hook and to protect Port Angeles Harbor, consists of rock revetment, initial beach replenishment, and periodic beach nourishment. See plate 1•. The proposed rock revetment will be constructed from station W75 +00 to E41 +00 plus a 100 -foot tran- sition at each end for a total length of 11,800 feet. The revetment toe will rest between the mean lower low water (M.L.L.W.) line and +5 -foot M.L.L.W. contours. Top elevation will be 18 feet above M.L.L.W. from station W75 +00 to 0 +00 along the westerly portion of the Hook and 16 feet above M.L.L.W. from station 0+00 to E41 +00. During project construction, the beach will be replenished with about 100,000 cubic yards of material to protect the nearshore beach and toe of the revetment. Thereafter, an estimated 100,000 cubic yards of beach materials will be provided every 5 years to nourish the beach and main- tain its profile. Estimates of beach nourishment requirement are based on findings of a 1 -year Beach Feed Evaluation Test (BFET) program and on historic erosion rates of nearshore beach materials off Ediz Hook. Results of BFET are contained in appendix C. Most of the armor rock placed for emergency protection in 1974 and 1975 will be incorporated into the permanent protective work. New rock materials and select gravel and cobbles will be obtained from established commercial sources. A walkway for public access to the beach will be provided through the revetment at one location. 1.04 Local cooperation. The requirements of local cooperation as set forth in the project document are: a. Provide without cost to the United States all necessary lands, easements, and rights -of -way required for project construction and subsequent beach nourishment; 1 -1 b. Hold and save the United States free from claims for damages that may result from construction or maintenance of the project; c. Contribute in cash the required share of the first costs of the beach protection works, presently estimated at $337,000 to be paid in a lump sum prior to start of construction, or in installments prior to start of pertinent work items in accordance with construction sched- ules as required by the Chief of Engineers, the final apportionment of the first cost to be made after actual costs and values have been deter- mined and to be based on existing conditions of public use and ownership at the time of construction; d. Contribute in cash the required share of the costs during the life of the project for: maintenance and repair -of the revetment works, presently estimated at $7,300 annually; and periodic beach nourishment, presently estimated at $5,100 annually for the first 10 years and $8,000 annually thereafter, as may be required to serve the intended purpose, subject to Federal participation in the cost of peri- odic nourishment for an initial period of 10 years; e. Assure continued public ownership of the shore upon which the amount of Federal participation is based and its administration for public use during the economic life of the project; and f. Provide and maintain public access, parking, and appurtenant facilities for recreation necessary for realization of project benefits. The city of Port Angeles has agreed to the requirements of local cooperation by letter dated 6 April 1976, attached as exhibit 1. Port Angeles has been advised of their responsibilities and obligations under the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, Public Law 91 -646, and Section 221 of Public Law 91 -611. Port Angeles has been determined to be legally constituted and has sufficient financial capabilities to satisfy all requirements of local cooperation. 1.05 Related reports. Reports pertinent to this project are: a. House Document No. 331, 77th Congress, 1st Session, dated March 1945 and titled "Port Angeles Harbor, Washington," presents var- ious measures to control erosion of Ediz Hook. Measures to prevent erosion of Ediz Hook were not found economically justified. However, a recommendation was made to deepen a 150 -foot portion of the easterly end of the shoal area in Port Angeles Harbor as a benefit to general navigation. The Chief of Engineers' report was submitted 19 July 1941 and the document ordered printed by Congress on 28 July 1941. 1 -2 3.18 Schedule. Contingent upon approval of this report, the following schedule has been established: Submit signed local cooperative agreement to NPD Submit plans and specifications to NPD Advertise Open bids Award Construction 3.19 Apportionment of Costs. The apportionment of costs between Federal and non Federal interests is based on Federal aid toward shore restoration and protection as defined by Section 103 of Pub- lic Law 87 -874, approved 23 October 1962. The equitable division of costs allocated to navigation and beach erosion control is deter- mined by shoreline ownership protected by the project. Based on cost allocation provisions as prescribed in project document, the apportionment of costs between Federal and local interests is as follows. For construction first costs: Federal cost (93.1 percent) Local cost: (6.9 percent of permanent work) (6.9 percent of emergency work) Total first costs For annual beach nourishment for the first 10 years of Federal cost (93.1 percent) Local cost (6.9 percent) Total annual costs (first 10 years) For annual beach nourishment after the initial 10 years: Federal cost (89.1 percent) Local cost (10.9 percent) Total annual costs (after first 10 years) For annual rock revetment maintenance: Federal cost (89.1 percent) Local cost (10.9 percent) Total annual costs 3 -9 Jul 1976 Sep 1976 Oct 1976 Nov 1976 Dec 1976 Dec 1976 Dec 1978 $5,376,000 389,000 35,000 $5,800,000 project life: $195,500 14,500 $210,000 $187,100 22,900 $210,000 $64,200 7,800 $72,000 3.20 Conclusions. Ediz Hook is in active state of erosion due to lack of adequate feed material and is in danger of breaching permanently. Protective works are required to prevent permanent breaching and destruction of the Hook and the protection it affords Port Angeles Harbor. Placement of rock revetment with an initial beach replenish- ment and periodic nourishment is the most economically and environ- mentally acceptable plan for erosion control on Ediz Hook. The general public and interested agencies have commented on the recommended erosion control measures. The total public interest would be best served by the implementation of the recommendation. 3.21 Recommendations. The District Engineer recommends approval of the plan proposed herein as'a basis for preparation of plans and speci- fications, followed by construction of rock revetment, initial replenish- ment of eroded beach, future monitoring program and periodic beach nourishment. 3 -10 Attest: A RESOLUTION of the City Council of the City of Port Angeles authorizing the Mayor to sign two Agreements between the United States of America and the City of Port Angeles dealing with the Ediz Hook Beach Erosion Control Project. WHEREAS, the City of Port Angeles in a letter of intent submitted to the U. S. Army Corps of Engineers on April 6, 1976, signified its intentions of complying with the requirements established for this project; and WHEREAS, the City of Port Angeles has the authority and capability to furnish the non federal cooperation required by the Federal legislation authorizing the project and other applicable laws; and WHEREAS, the Ediz Hook Beach Erosion Control Project was authorized under authority of Section 4 of the Water Resources Development Act of 1974 (Public Law 93 -251); and WHEREAS, the Ediz Hook Beach Erosion Control Project has reached the state of development wherein an agreement for local cooperation and an agreement for Escrow Deposit are required of the City to enable the project to proceed and copies of said agreements have been presented to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles that the Mayor is authorized to sign the Agreement for Local Cooperation and the Escrow Deposit Agreement between the City of Port Angeles and the United States of America referred to above. PASSED by the City Council of Port Angeles this 14th day of June, 1976. ,reet:G City Clerk RESOLUTION NO. r Carleton B. Olson, Mayor le -teZ Approved as Form: Cr, 6�✓1 City Attorney NPSRE -AQ Lgtcal Cooperation Ediz Hook Beach Erosion Project, WA Mr. Kenneth S. Whorton, City Manager The City of Port Angeles 140 West Front Street Port Angeles, WA 98362 Dear Mr. Whorton: 61:1•44- •fre DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX C -3755 SEATTLE, WASHINGTON 98124 17 November 1976 Attached for your records is a fully executed copy of the Local Cooperation Agreement covering the Ediz Hook Beach Erosion Control Project, which has been accepted in behalf of the Secretary of the Army. We have previously sent you executed copies of the escrow deposit agreement involving the First National Bank of Port Angeles. In your conversations with Bob Frey you indicated the City would deposit the required sum with the bank by 15 November 1976. We would appreciate your having the bank confirm the deposit in writing. Your real estate acquisition program appears to be proceeding very well and the efforts of Ray Parrish, John Warder and your entire staff are appreci- ated. Please keep in mind that copies of all documents must be in this office no later than 29 November 1976, which is the day preceeding bid opening for the project. Thank you again for your kind cooperation. If we may be of further assist- ance, please do not hesitate to contact this office at 764 -3666. Sincerely, 1 Incl B AN L. TURNER as Chief, Acquisition Branch Real Estate Division 5.55 CrownZeiierbach Port Angeles Mill November 30, 1976 City of Port Angeles 140 West Front P. 0. Box 711 Port Angeles, Washington 98362 Gentlemen: RGKott /df 1870 -t970 Foundation for the Future Crown Zellerbach Centennial Port Angeles, Washington 98362 r rev Attention: Mr. Ken Whorton, City Manager ez This is to confirm Crown Zellerbach's intention to provide mutually satisfactory agreements with the City of Port Angeles covering easements and access for construction and periodic maintenance of the Ediz Hook Beach Erosion Control Project as outlined in the General Design Memorandum by the Corps of Engineers, dated May 14, 1976, and subsequent addenda. In accordance with preliminary discussions with representatives of the City of Port Angeles and the Corps of Engineers, these agreements will provide for the following: 1. A permanent easement specifically for the site of the proposed revetment on lands owned by Crown Zellerbach. 2. A permanent easement, specifically for the site of the proposed revetment, in the form of amendments to existing leases on lands leased by Crown Zellerbach from the City of Port Angeles. These amendments will recognize rights of, and have appropriate approvals of, applicable sub lessors. 3. Mutually acceptable language which will provide on- going access for construction, maintenance, and periodic beach nourishment of the revetment over owned and leased lands without permanent impairment of Crown Zellerbach's use of such lands, and without interruption of plant oper- ations. This letter of intent is given so that work may proceed immediately on the Ediz Hook Project while the appropriate easement and access documents are prepared and approved by both parties. Very truly yours, CROWN ZELLERBACH CORPORATION .4(1 1 j Resident Manager Port Angeles Division S. 55 AMENDMENT TO LEASE BETWEEN THE CITY OF PORT ANGELES AND ITT RAYONIER THIS AMENDMENT to that certain lease between the City of Port Angeles, a municipal corporation of the State of Washington (City)., and ITT Rayonier, a Delaware Corporation, with offices at Port Angeles, Washington (Rayonier), WITNESSETH: Whereas, on the 1st day of July, 1969 the City leased certain real property on Ediz Hook to Rayonier described in said lease; and Whereas, Ediz Hook has been subject to severe erosion on the seaward side thereof and work to protect against said erosion has been authorized by the Congress of the United States; and Whereas in order to permit this work to go forward, it is .necessary that the City have certain rights in connection with the leased property; Now, therefore, in consideration of the benefit to the leased premises of the work to be done referred to above, the parties mutually agree that certain lease referred to above between the parties is hereby amended so as to contain the following provision: The City reserves the right to construct, operate and maintain beach improvement works on, over, and across that portion of the Uplands lying northerly on the seaward side of the Ediz Hook Road on Lease Lots 3 and 4 for pur- poses as authorized by the Act of Congress approved March 7, 1974, Public Law 93 -251 including the right to clear underbrush, buildings, improvements and /or other obstructions therefrom; to excavate, dredge, cut away, and remove any and all said land and to place thereon dredge, spoil material or rock; and for such other pur- 4. poses as may be required in connection with said work a. Attest: of improvement or protection. DATED at Port Angeles, Washington, this /6 `'day of November, 1976. City Clerk CITY OF PORT ANGELES, WASHINGTON ByC 2 ITT RAYONIER (a241-1 Mayor Manager Land Department STATE OF WASHINGTON ss_ Comity Of C1a11am T This is to_ certify that on this 'e.: day of November, 1976, •before me, a Notary Public in for the State of Washington, personally appeared CARLETON B. OLSON, as Mayor, and MARIAN C. PARRISH, as Clerk, to" me known be the Mayor arid Cler`k; respectively of the CITY OF PORT ANGELES, a Municipal Corporation, and acknowledged tome that executed the foregoing Amend- meet to Lease as the free and voluntary act and deed of said munici- pal corporation, and on oath stated that they were authorized to execute the same, and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at Port Angeles. THIS INDENTURE made this 4 day of November, 1976 by and between the CITY OF PORT ANGELES, a municipal corporation of the State of Washington, the party of the first part, and PENINSULA PLYWOOD, a division of ITT RAYONIER, INC., a Delaware corporation, party of the second part, WITNESSETH: That said first party, in consideration of the rents hereby reserved and of the mutual covenants and agreements hereinafter mentioned, does hereby covenant and agree with the said second party to let, demise, lease and sublease and does hereby let, lease, demise and sublease unto said second party, that_certain__ tract or parcel of land, being a part of __the- land reserved lighthouse purposes,- said land hereby subleased being more particularly described as follows: Ediz Hook, Port Angeles Townsite, Washington State Coordinate System, North Zone. BEGINNING at the northwesterly corner of said Lease Lot #7 (x equals 1,362,445.30, y equals 427,022.72); thence 574.25 feet, azimuth 258 °40'37 to the north corner on the line between government Out -lots #4 and #5; thence 530.56 feet, azimuth 260 °26'48 thence 596.82 feet, azimuth 261 °41'46 thence 291.25 feet, azimuth 265 °56'52 to the northeasterly corner of said Lease Lot #7 (x equals 1,364,412.53, y equals 427,330.28); thence 132.40 feet, azimuth 302 °22'47 to the southeasterly corner of said Lease Lot 07 (x equals 1,364,524.36, y equals 427,259.37); thence 822.48 feet azimuth 82 °42'26 thence 451.64 feet azimuth 79 °27'20" ,thence 270.27 feet, azimuth 74 °48'21 to the south corner on the line between government Out-lots #4 and #5; thence 293.42 feet, azimuth 293.42 feet, azimuth 74 °24'54 thence 99.54 feet, azimuth 82 °54'53 to the south---- westerly corner of said Lease Lot #7 (x equals 1,362,622.42 y equals 426,910.39); thence 31.68 feet, azimuth 122 °22'47 to a 3" I.P., on the line between Lease Lots #6 and #7; thence 178.07 feet, azimuth 122 °22'47 to the northwesterly corner of said Lease Lot #7 and the point of beginning. r L E A S E And it is expressly agreed that this Sublease is made subject to all of the following covenants and conditions: 1. This sublease and all its provisions are subject to all the conditions, restrictions and provisions of the Lease of the United States of America to the City of Port Angeles, dated August 17, 1914. 2. This sublease is presently in effect and shall terminate on June 3, 2013. 3. The premises hereby subleased are to be used for and in connection with log storing and sorting and any and a-1 -l- operations necessary or incidental thereto, in concert -with wood tpul-p -ing, lumber and plywood manufacturing, and log exporting businesses and related activities, and the said premises shall not be used for any other purpose without the written consent -of -the party-of-the-first- kart. 4. 4. It is agreed that should said party of the second part fail to operate its log storing and sorting for a period of one (1) year without good cause being shown therefor, then and in -that event, the City Council of the City of Port Angeles, at its option after giving party of the second part six (6) month notice in writing of its intention so to do, may revoke and declare this lease forfeited. 5. The second party shall not use said premises or permit the same to be used, or shall not operate on or permit the opera- tion upon these premises any unlawful or any public nuisance or any butiness which is in violation of the laws of the State of Washington or the ordinances of the City of Port Angeles. 6. The party of the second part agrees to pay to the party of the first part during the term of this lease by-way of rent the annual sum of $100.00, payable on the 20th day of February of each year in advance. 7. Said second party shall not sublease nor underlet any part of said premises nor assign this sublease without the written consent of said first party. first party from all dmaages for any injury to person or property that may be caused in any manner by the use of the second party of 8. The second party shall forever save and hold harmless the the premises hereby subleased or by the construction or maintenance of any private_way therein, and shall defend in all Courts any litigation against said CITY at the expense of said second party arising from any such injuries. 9. Said second party shall not hold the CITY OF PORT ANGELES liable for any damage which maybe sustained by.said second party by reasonof_t11e:_fai1ure _on_ the part of said,_CITY__to_ comply with the original lease from the United States Government. of the first part that it will at its own cost and expense maintain that portion of the roadway or Spit Road, described in the original lease to first party, including the cost of maintaining the spit commencing at the Westerly boundary line of the property described in this lease and extending Easterly to, the Easterly boundary thereof. That said maintenance will comply with the requirements 10. The party of the second part covenants with the party of the United States Government and will be sufficient to obtain full approval of the Inspector of the United States Government in charge. 3 1-1.- --In- the event sa second- -party shall fail -to maintain----- and operate in good faith its business, as above referred to, within the time and in the manner hereinbefore mentioned, or shall fail to keep or perform any or all of the covenants and agreements herein contained, then and in that event this lease shall be terminated, and if said second party shall fail to quit and surrender said premises, said second party shall be liable to lawful eviction, and if said second party shall not within such reasonable time as to the City Council shall seem just, not exceeding six (6) months, remove or otherwise dispose of all buildings and other structures, plant, machinery and properties of said second party, then the same shall revert to and vest in the first party or at its option may be removed from said premises or be destroyed at the expense of said second party 12. If the City Council of the first party shall at any time find that_all of the property herein leased to second party is not necessary to the operation of second party's business, or that of its sublessee, then the City Council may, at its option, after having given second _party twenty_(20) days notice in writing, •terminate the lease as to such unused portions. ca 13. The first _party _reserves the __right to construct, operate and maintain beach improvement works on, over, and across that of the Uplands lying northerly on the seaward side of the Ediz _Hook Road _on Lease Lot #7 for purposes as authorized by the Act of Congress_approved_March_7, 1974, Public Law 93 -251 including the _right to clear_underbrush, buildings, improvements and /or other obstructions therefrom; to excavate, dredge, cut away, and remove _any _and _all said land and to _place thereon dredge, spoil material or rock; and for such other purposes as magi be required in connection with said work of improvement or protection._ _14. EQUAL OPPORTUNITY CLAUSE. (The following clause is applicable unless_this contract is _exempt under the rules, regula- tions, and relevant orders of the.Secretary of Labor (41 CFR, Ch. 60). During the performance of this contract, the second party 4 agrees as follows: (a) The second party will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin and 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 Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and training, including apprenticeship. LE (b) The- second party will, in all solicitations or advertise- meats- for employees` placed by or on behalf _of _the _second._pa-r-ty sta -te that=1a11 qualified applicants will receive consideration for employ mert without regard to race, color, religion, sex or national origin. (c) The second party will send to each labor union or representative of workers with which he has a collective bargaining agreements or other contract or understanding, a notice advising the labor union or workers' representative second party's commitments under Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees_ and applicants for employment. =(d) The second party will comply with all provisions of Executive Order 11246 of September 1965, and of the rules..,__regula-__. tions, -and relevant orders -of the Secretary of (e) The second party will furnish all information -rand __.reports required by Executive Order No. 11246 September 24, 1965 .--and by the rules, regulations, and orders of the Secre of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such .rules, regulations, and orders. (f) In the event of the second party's noncompliance wi�h the Equal Opportunity 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 second party may be declared ineligible by the proper governmental agency for further Government 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 otherwise provided by law. (g) The second party will include the provisions of para- graphs (a) through (f) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issiSed pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub- contractor or vendor. The second party will take such action with respect to any subcontract or purchase order as the contracting agency may direct as means of enforcing such provisions, including sanctions for noncompliance; PROVIDED HOWEVER, that in the event the second party becomes involved in, or is threatened with litiga- tion with a subcontractor or vendor as a result of such direction by the contracting agency, the City may request the United States to enter into such litigation to protect the interests of the United States. 15. FACILITIES NONDISCRIMINATION. (a) As used in this section, the term "facility" means stores, shops, restaurants, 6 cafeterias, restrooms, and any other facility of a public nature located on the premises covered by this lease. (b) The second party agrees that it will not discriminate by segregation or otherwise against any person or persons because of race, color, religion, sex, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility, including any and all services, privileges, accommoda- tions, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the -second_ party _solely to tenants, __their_employees_,_ customers, patients clients _,quests, and (c) It is agreed that the second party's noncompliance with --the-provisions o f this section- =shall constitute a material-breach of this lease. In the even_ of such nQncompliance_,_it is =Tar- stood by the_parties that the Government may take appropriate action to enforce•compliance, may require the first party to terminate this lease, or may pursue such other remedies as _may be provided by law. (d) It is further_agreed that from and after the date hereof, the second party will at such time as any agreement is to be entered into or a concession is to be permitted to operate include or require the inclusion of the foregoing provisions of this, section in every such agreement or concession pursuant to which any person other than the second party operates or has-the right to operate any facility. Nothing herein contained, however, shall be_deemed to require the second party to include or require the indlusion of the foregoing provisions of this section in any existing agreement or concession arrangement or one in which the contracting party other than the second party has the unilateral right to renew or extend the agreement or arrangement, until the expiration of the existing 7 agreement or arrangement and the unilateral right to renew or extend. The second party also agrees that it will take any and all lawful actions as expeditiously as possible, with respect to any such agreements as the contracting agency may direct, as a means of enforcing the intent of this section, including, but not limited to, termination of the agreement or concession and institution of court action. 16. That the first party hereby covenants with said second party for the quiet possession of said premises according to the rights of the first party under the original lease from the-United- States dated August 17,1914, and said second party-agrees -with the first party to quit and surrender said premises in as good order as at the date hereof, and shall remove all buildings and__ other property belonging to it therefrom-at-the-expiration-of this lease, or in case of the prior termination thereof for default. 17. It is covenanted and agreed that the Lessee shall not construct or maintain any obstruction to air navigation on the.___ leased premises exceeding the following limiting heights above ground level: Commencing at Point "A 200 feet from the end of the U. S. Coast Guard Air Station, Port Angeles, runway, on the extended runway centerline, said Point "A" described further as follows: Washington State Coordinate System North Zone, coordinates, x 1,367,939.3, y 427,160.79; no obstruction for 12,000 feet from Point "A" outward from the end of the runway along the centerline extended and on either side thereof shall penetrate a plane originating at Point "A" with a slope of 50 :1. 18. This agreement cancels and supersedes all prior lease agreements between the parties covering subject property. 8 19. This lease shall not become operative or binding on either party hereto unless and until it shall have been approved by the United. States Coast Guard. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as below subscribed.. CITY OF PORT ANGELES, A Municipal Corporation Attest i- ./a2 A City Clerk (VO I MayOr 1-57 :1 :7 C 72 _PENINSULA-P-LY.WOOD a Division of ITT RAYONIER, INC. Manager Land Department STATE OF WASHINGTON1 ss tOunty Of ciarmni Thiittify that /6 day of November, 1976, before te, Notary Public in and for the State of Washington, peksonally CARLETON B. OLSON, as Mayor, and MARIAN C. PARRISH, as Clerk, to me known to be the Mayor and Clerk, respectively, Of the CITY OR PORT ANGELES, a Municipal Corporation, and they acknowledged to me that they executed the foregoing Lease as the fked act and deed of said municipal corporation, and on oath stated that they were authorized to execute the same, and that seal affixed is the corporate seal of said municipal cor- poratiori:' 9 seal the day and year first in this certificate above written. IN WITNESS WHEREOF, I have hereunto set my hand and official a of NOTARY PUBLIC in and for the StFlte of Washington, residing at Port Angeles. 10 STATE OF OREGON 111 L- :1 s County of Multnomah izeiafrz,u2 e 46k.1.48 P. r 5.55 EASEMENT Being any portion of Blocks 135 through 140, 145 through 147, Blocks A, B and .C, and Suburban Blocks 27 through 30, all in the Townsite of Port Angeles in said County and State, which may lie northerly and westerly of the established baseline for below named project. Said baseline being generally coincident with an existing bulkhead and seawall. Reserving, however, to Grantor, its successors and assigns, the right to use said property and right of ways together with Grantee in any manner that will not unduly interfere with the rights granted hereunder. CROWN ZELLERBACH CORPORATION \t, l r B �_N, J. Fulton, Vice President CROWN ZELLERBACH CORPORATION, a Nevada corporation, Grantor, in consideration of One and No /100 Dollars ($1.00), receipt of which is acknow- ledged and the benefits which will accrue to Grantor by the exercise of the rights herein granted, does hereby grant, give, release and forever quitclaim unto the CITY OF PORT ANGELES, a municipal Corporation of the State of Washington, Grantee, its successors and assigns, various easements and rights of ways for the purposes hereinafter stated, over, under, along and across its ownership within that certain parcel of land situate in Ciallam County, State of Washington, described as follows: Said easements and right of ways are to be used for the purpose of constructing, operating and maintaining beach improvement works on, over, and across the above described land in connection with the Ediz Hook Beach Erosion Control Project as authorized by the Act of Congress, approved March 7, 1974, Public Law 93 -251; such work to include the right to clear underbrush and /or other obstructions as necessary therefrom; to excavate, dredge, cut away, and remove any and all said land revetments and groins, and to place thereon fill, spoil material or rock; and for such other purposes as may be required in connection with said works of improvement; TOGETHER with the reasonable right ,tz of access thereto across property owned or controlledby Grantor at locations Or) to be mutually agreed upon, by the parties hereto. �J Subject, however, to existing easements and other matters of public record. 00 The terms, conditions, and covenants herein shall extend to and be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Grantor, CROWN ZELLERBACH CORPORATION, has caused this Easement to be executed as of the day and year set forth below. On this day of e, CC�r��5�• 1976, personally T a „i, �,ti„ hincy duly sworn. did say that he is the Vice Washington, Grantee, its successors and assigns, various easements and rights of ways for the purposes hereinafter stated, over, under, along and across its ownership within that certain parcel of land situate in Clallam County, State of Washington, described as follows: Said easements and right of ways are to be used for the purpose of constructing, operating and maintaining beach improvement works on, over, and across the above described land in connection with the Ediz Hook Beach Erosion Control Project as authorized by the Act of Congress, approved March 7, 1974, Public Law 93 -251; such work to include the right to clear underbrush and /or other obstructions as necessary therefrom; to excavate, dredge, cut away, and remove any and all said land revetments and groins, and to. place thereon fill, spoil material or rock; and for such other purposes as may be required in connection with said works of improvement; TOGETHER with the reasonable right of access thereto across property owned or controlledby Grantor at locations to be mutually agreed upon, by the parties hereto. Subject, however, to existing easements and other matters of public record. Reserving, however, to Grantor, its successors and assigns, the right to use said property and right of ways together with Grantee in any manner that will not unduly interfere with the rights granted hereunder. The terms, conditions, and covenants herein shall extend to and be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Grantor, CROWN ZELLERBACH CORPORATION, has caused this Easement to be executed as of the day and year set forth below. STATE OF OREGON County of Multnomah Being any portion of Blocks 135 through 140 147, Blocks A, B and C, and Suburban Blocks 30, all in the Townsite of Port Angeles in and State, which may lie northerly and west established baseline for below named projec baseline being generally coincident with an bulkhead and seawall. Er, 1G )p5 IV 4 2: :5 145 through 27 through said County erly of the t. Said existing CROWN ZELLERBACH CORPORATION Br J. Fulton, Vice President On this day of q Q I)-Q-A 1976, personally appeared J. B. Fulton, who being duly sworn, did say that he is the Vice President, Northwest Wood Products, and the attorney in fact for CROWN ZELLERBACH CORPORATION, and that he executed the foregoing instrument by authority of and in behalf of said principal, and he acknowledged said instrument to be the act and deed of said principal. Before me: �/�CQ Notary Public fo the State of Oregon My commission expires: BOOK 460 5 .ES", NPSRE -AQ Local Cooperation Ediz Hook Beach Erosion Proj., WA Mr. Kenneth S. Whorton, City Manager City of Port Angeles 140 West Front Street Port Angeles, WA 98362 Dear Mr. Whorton: 1 Incl (dupe) 6.74:14.:41 DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. BOX C -3755 SEATTLE. WASHINGTON 98124 Sincerely, BR L. TURNER As stated Chief, Acquisition Branch Real Estate Division I TA <c, V 13 1, 27 Octo This letter will confirm your discussions with Bob Frey regarding the deposit of funds for the Ediz Hook Beach Erosion Project into escrow by 15 November 1976. We are furthermore transmitting two executed copies of the escrow agreement, one of which should be delivered to the First National Bank of Port Angeles together with your payment. We would then appreciate having the bank confirm the deposit in writing to us. Thank you again for your cooperation. If we may be of assistance, please do not hesitate to contact us. ESCROW DEPOSIT AGREEMENT THIS AGREEMENT, made this NM day of Ne__ 1976, by and between the CITY OF PORT ANGELES, WASHINGTON (hereinafter called the "City and the FIRST NATIONAL BANK OF PORT ANGELES (hereinafter called the "Depository and the UNITED STATES OF AMERICA (hereinafter called the "Government represented by the District Engineer, U. S. Army Engineer District, Seattle, Washington. WITNESSETH: WHEREAS, the Government is responsible for construction of a Beach Erosion Control Project at Ediz Hook, Port Angeles, Washington, as author- ized under authority of Section 4 of the Water Resources Development Act of 1974 (Public Law 93 -251); and WHEREAS, the City, pursuant to certain assurances evidenced by the formal Agreement dated 14 June 1976, between the United States and the City for local cooperation at Ediz Hook, Port Angeles, Washington, is obligated to contribute in cash the required share of the first costs of the beach protection works, presently estimated at $424,000 (6.9 percent); and WHEREAS, the Government is willing to receive the contributed funds in increments from an Escrow Account in Depository Bank as needed, in lieu of having the entire contribution paid in advance; and WHEREAS, the Government will provide the City the opportunity to re- view the basis for all payments to be made from the Escrow Account prior to payments being made by the Depository Bank, provided such review does not delay orderly payments by the Depository to the Government or payments by the Government to its contractors. NOW THEREFORE, for and in consideration of the premises set forth herein, the parties hereunto agree as follows: (1) There is hereby created and established with the Depository Bank an Escrow Fund pursuant to the terms of this agreement. The City shall make absolute and irrevocable delivery of the initial sum of $424,000 to the Fund within thirty (30) days after the date of bid opening of the construction contract, which amount shall be deposited with Depository in said Fund. (2) The City agrees to add to the said initial sum additional sums if required to meet the City's share of construction funds as set forth in the aforesaid Agreement dated 14 June 1976. (3) The Depository Bank is hereby directed to disburse the said Escrow Funds and any additional funds that may be deposited only to the Con- tracting Officer of the U. S. Army Corps of Engineers for the purpose of said project within ten (10) days after presentation for payment as evidenced by written requisition of the District Engineer, U. S. Army Engineer District, Seattle, Washington. A copy of each requisition for payment shall be furnished to the City at the time the requisition is made. The Depository Bank, at the time of payment of the requisition, shall submit a notice of payment to the City. (4) Each requisition for disbursement from this escrow fund shall specify: (a) Amount to be paid; and also (b) that the disbursement is for the proper expense of the Project and has not heretofore been included in a former requisition. (5) A1.1 payments made by the Depository Bank shall be drawn to the "Treasurer of the United States" and mailed or otherwise delivered to the Seattle District, U. S. Army Corps of Engineers, P. 0. Box C -3755, Seattle, Washington 98124. -2- (6) The Depository Bank shall keep and maintain adequate records pertaining to the Escrow Fund, and'all disbursements therefrom. When the Escrow Fund has been closed out as provided by paragraph (7) hereof, the Depository Bank shall file an accounting thereof with both the Government and the City. (7) Completion or discontinuance of the Project shall be evidenced by filing with the Depository Bank a certificate signed by the District Engineer, U.S. Army Corps of Engineers, _Seattle., WaGhingtnn, with the approval of the City endorsed thereon, which certificate shall set forth the date of completion or abandonment of the Project and that all obligations and costs in'connection with the Project, and payable out of the Escrow Fund, have been paid and discharged. Any balance remaining in the fund shall be remitted to the City. (8) The said Depository Bank is hereby authorized and directed to in- vest theunexpended portion of said funds, as is not necessary for current progress payments 'as programmed by the Contracting Officer, in obligations of the Government or in obligations of Agencies or insurers which are guaranteed by the Government, which at maturity dates are subject to redemption by the holder at the option of the holder on or prior to the dates the funds will be needed. (9) The said Depository Bank is hereby directed to transfer all in- terest earned by the investments delineated in paragraph (8) hereof to the City of Port Angeles as such interest accrues from time to time. (10) The City of Port Angeles shall be responsible for all escrow fees as charged by the Depository Bank. 3 IN WITNESS WHEREOF, the parties have hereunto caused these presents to be executed on their behalf and their seals affixed the day and year first above written. ATTEST: ATTEST: egu c.9 E!�cr By: .-a 1 '1:% 3 0 t- r By: THE CITY OF PORT ANGELES THE FIRST NATIONAL BANK OF PORT ANGELES THE UNITED STATES OF AMERICA By: olonel, Corps of Engineers District Engineer, Seattle Contracting Officer' NPSEN -DB Honorable Carleton B. Olson Mayor of Port Angeles 140 West Front Street Port Angeles, Washington 98362 Dear Mayor Olson: DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS �7 PO BOX C-3755 1 1' 1s) SEATTLE. WASHINGTON 98124 i ;;�T 1 MAY 1977 1 This will confirm information provided to your Mr. Ken Whorton in a 29 April 1977 telephone call by our Mr. Vernon Cook regarding beach erosion protection on Ediz Hook. Mr. Cook advised Mr. Whorton of our plan to proceed with design and construction of the easterly extension of protective works along Ediz Hook. This extension of protective works is necessary to maintain the integrity of the Hook. The city of Port Angeles is the local sponsor for the Ediz Hook Project and has agreed to provide items of local cooperation which will be affected by the extension of the protective works. The estimated total cost of extending the protective works is $1,600,000. The city's share •of this cost is $110,000. Considering the funds previously provided by the city ($424,000) and the city's share of the estimated cost of work currently under contract ($390,000), an additional $76,000 will have to be provided by the city. The•additional funds are to be paid in a lump sum prior to advertising for construction. Final apportionment of the cost be made after actual costs have been determined. Request you advise if you plan to place the funds into the same escrow account you are currently using or will be providing the funds direct to us. 5 ,SS 9 We anticipate the additional work will be advertised for bids in late July or early August 1977, with notice to proceed with construction issued within 60 days of advertising. 4 NPSEN -DB Honorable Carleton B. Olson Mr. Cook is planning to attend your next scheduled City Council meeting at 7:30 P.M. on 11 May 1977 and will provide additional details of the planned work and answer any questions you or members of the Council might have regarding this matter. If you have questions on this matter you wish answered prior to the meeting, please contact me, telephone (206) 764 -3690, or Mr. Vernon Cook, Project Manager, (206) 764 -3455. Copy furnished: j/ Kenneth Whorton, City Manager City of Port Angeles 140 West Front Street Port Angeles, Washington 98362 Sincerely yours, JOHN A POTEAT Colonel, Corps of Engineers District Engineer a NPSEN -DB Kenneth S. Whorton, City Manager City of Port Angeles 140 West Front Port Angeles, Washington 98362 Dear Mr. Whorton: DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS PO BOX C -3755 SEATTLE. WASHINGTON 98124 31 OCT 1975 On 10 October 1975, our Mr. Vernon Cook met with you and discussed the status of the Ediz Hook, Port Angeles, Washington, Project. During this meet- ing, Mr. Cook requested information on average annual costs to maintain the industrial water supply pipeline running from the Elwah River to Port Angeles. On 15 October, you advised Mr. Cook that these costs average approximately $50,000 per year. We will be using this data in updating our study of alter- natives to the previously proposed plan of beach erosion protection. Mr. Cook investigated locations to hold a meeting to advise the public on study progress and the location of proposed borrow sources for material. As agreed between you and Mr. Cook, the tentative time and place for the public meeting is 7: 30 p.m. 3 December, at Port Angeles in the City Council Chambers. During the meeting with Mr. Cook, you requested information regarding local cost sharing requirements. Estimated non Federal cost of initial construction is $540,000. These funds will be required in cash, or in escrow, prior to the scheduled early September 1976 bid opening. Actual use of local funds for pay- ment to the contractor is not anticipated until 1977. The possibility of the city depositing less than the total $540,000 (say $400,000 to $500,000), and assum- ing the remainder ($50,000 to $140,000) would be available prior to'summer of 1977 has been reviewed and we find this alternative does not meet with our requirements As discussed between you and Mr. Cook, the possibility of the city obtaining a line of credit with a local bank for the time period between September 1976 and 1977 would satisfy our requirements. This procedure would permit the bank to verify the availability of the total necessary funds. svgs NPSEN -DB Kenneth S. Whorton, City Manager The above estimated costs do not include beach erosion protection west of station W59 +00. The approximate 1,700 feet of beach protective works west of station W59 +00 will require restoration to prevent erosion from occurring that could cause damage to the Crown Zellerbach (Crown Zee) facilities. We esti- mate damage to these facilities would occur in about 3 to 5 years if restoration is not accomplished. Erosion of the beach west of station W59 +00 will not lead to breaching the hook and need not be tied to the remainder of work east of station W59 +00. However, if the city or Crown Zee plan to accomplish these repairs, there would be certain economies if this work was included with the authorized project. Cost of restoring this reach of beach protection to the level of the authorized project (50 -year life) is estimated at about $500 per foot for a total of $850,000. The first 900 feet of this reach is city -owned land which is leased to Crown Zee, and the remaining 800 feet is owned by Crown Zee. Beach erosion work on city -owned land can be 50 percent cost shared with Federal funds. Cost sharing is not permitted on work providing protection of private property. We will need to know your decision on including restoration work west of station W59 +00 by the end of the year so the information can be included in our report to higher authority. If you have questions regarding this matter, please contact me, telephone (206) 764 -3690, or Mr. Vernon Cook, Project Manager, telephone (206) 764 -3455. Sincerely yours, \J• TERF'bcRA, Jn. lonel, orps of En eers Dis ct Engineer NPSEN -DB Honorable C. Vernon Basom Mayor of Port Angeles 140 West Front Street Port Angeles, Washington 98362 Dear Mayor Basom: 4 Incl 1. Resolution (trip) 2. Assurance (trip) 3. Section 221 (trip) 4. Return envelope 7 5•5-s DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS r 4735 EAST MARGINAL WAY SOUTH -i •�1 V SEATTLE. WASHINGTON 98134 Sincerely yours, r Q p NOV L31874 �Vg 19 Y nr OF, TRA,' JR, one Corps of Engineers' g District Engineer This is to advise you that funds have been made available for beach erosion control on Ediz Hook at Port Angeles, Washington. Before detail planning (including a contract for a beach feed evalua- tion test) can proceed, execution of the inclosed resolutions, assur- ances of compliance with Title VI of the 1964 Civil Rights Act and Section 221 of Flood Control Act of 1970, is required. After signing, please return the original and one copy of the resolution, assurances and Section 221 in the self addressed envelope. We would appreciate your returning the executed resolutions, assurances and Section 221 to this office by the end of November 1974. The beach feed evaluation test is scheduled to be advertised on 10 December 1974, with bid opening on 6 January 1975. We expect construction to begin by the end of January 1975. Permanent construc- tion is scheduled to start in Fiscal Year 1977, subject to funding. If you have any questions regarding this matter, please contact me, telephone (206) 764 -3690 or Mr. Vernon Cook, Project Manager, tele- phone (206) 764 -3455. CITY OF PORT ANGELES STATE OF WASHINGTON IN THE MATTER OF BEACH EROSION CONTROL ON EDIZ HOOK IN CLALLAM COUNTY, STATE OF WASHINGTON RESOLUTION TO ASSUME OBLIGATIONS OF LOCAL COOPERATION WHEREAS, The United States has authorized, by Sec 4 of PL 93 -251, Water Resources Development Act of 1974, a project for beach erosion control on Ediz Hook, Clallam County, Washington. WHEREAS, In accordance with the provisions of Sec 4 of PL 93 -251, said project cannot be initiated until a responsible local agency has given assurances satisfactory to the Secretary of the Army that it will: a. Provide without cost to the United States all necessary lands, easements, and rights -of -way required for project construction; b. Hold and save the United States free from claims for damages that may result from construction or maintenance of the project; c. Provide no cash contribution at this time for completed emergency interim measures and beach feed evaluation test, however, will provide cash contribution of the required share of first costs of the beach erosion control works prior to advertising construc- tion of the permanent project. When final accounting is made, that portion of the completed emergency interim measures and beach feed evaluation test which is incorporated into and becomes a part of the permanent work will be included in calculating the final total local cash contribution. d. Bear approximately 6.9 percent of the total first cost, a sum presently estimated at $455,000, with the final apportionment of the first cost to be made after actual costs and values have been determined and based on existing conditions of public use and ownership at the time of construction. e. Assure maintenance and repair of the revetment works and periodic beach nourishment, during the economic life of the project as may be required to serve the intended purpose subject to Federal participation in the cost of periodic nourishment for an initial period of 10 years. The non Federal share of nourishment costs for the 10 -year period is presently estimated at $6,100 annually (6.9 percent of the cost of nourishment). The non Federal share of maintenance cost for revetment works for the life of the project is presently estimated at $8,800 annually (10.9 percent of the cost of maintenance of rock revetment). r .f. Assure continued public ownership of the shore upon which the amount of Federal participation is based, and its administration for public use during the economic life of the project. g. Acquire required lands pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91 -646: 84 Stat 1894 S.1 2 January 1971 whereunder, we, as local sponsors assure that; (1) Acquisition of Real Property will be guided, to the greatest extent practicable under State law, by the land acquisition policies in Sec. 301 and the provisions of Sec. 302; (2) Property owners will be paid or reimbursed for necessary expenses as specified in Secs. 303 and 304; (3) Fair and reasonable relocation payments and assistance shall be provided to displaced persons as required under Secs. 202, 203 and 204; (4) Relocation assistance programs offering the services described in Sec. 205 shall be provided to such displaced persons and shall include adequate and timely information concerning benefits, policies and pro- cedures described in this assurance; (5) Within a reasonable period of time prior to displacement, decent, safe and sanitary replacement dwellings will be available to displaced persons in accordance with Sec. 205 (c) (3). (6) Where a project will result in acquisition of real estate, in fee, or issuance of a Notice to Vacate or displacement of people, a com- prehensive "Relocation Plan" encompassing the requirements of Sec. 205 will be submitted in the form and content prescribed by the Corps of Engineers and, that such agency will not proceed with Acquisition of Real Estate until such Relocation Plan has been approved by the Corps of Engineers. NOW, THEREFORE, BE IT RESOLVED BY City of Port Angeles, Clallam County, Washington, that said city does hereby assume and agree to perform the above -named obligations; and there is hereby granted to the United States of America, its agents and its contractors, the right to enter on and use any lands owned by or under the control of said city for the pur- pose of constructing the project. DATED THIS /7 day of 1974, at a regular (speetira=1.) meeting and is a part of the minutes of the meeting. 1 Inc1 BY CJ�P�c�•.c�+,,�- As stated Mayor ATTEST: City Clerk 2 Ji000hHJ6l',JL U1' .,UMfi,1AIVLJS l i.111 iilJAS VI UL itli. ulV1L 1tJti111J ACT OF 1964 API) 'THE DEPARTMENT OF DEFENSE DIRECTIVE .City of Port Angeles (hereinafter called "Project (NAME Or PROJECT SPONSOR) Sponsor HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88 -352), inclosure 1, and all requirements imposed by or pursuant to the Policy and the Compliance Information Sections of Department of Defense Directive 5500.11, December 28, 1964, issued pursuant to that title, inclosure 2, to the end that, in accordance with title VI of that Act and the Directive, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity directly related to or stemming from the project for beach erosion control on Ediz Hook and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon rs provided or improved with the aid of Federal financial assistance extended to the Project Sponsor by the Corps of Engineers, the assurance shall obligate the Project Sponsor, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is 'extended or for another purpose involving the provision of similar service or benefits. If any personal property is so provided, this assurance shall obligate the Project Sponsor for the period during which it retains owner- ship or possession of the property. Ir all other cases, this assurance shall obligate the Project Sponsor for the period during which the Federal financial assistance is extended to it by the Corps of Engineers. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Project Sponsor by the Corps of Engineers, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date, resulting from the above named project. The Project Sponsor recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Project Sponsor, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Project Sponsor. Dated i'0-1/.G.,4,4/4-1Ac.// /f/14 2 Inclot,ures NPS FORM 2b8 NOV 66 c ft City of Port Angeles (PROJECT SPONSOR) By M ate CIVIL RIGHTS ACT OF 1964, P. L. 88 -352, July 2 TITLE VI NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS Sec. 601. `No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Sec. 602. Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part there- of or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: Provided, however, that no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the com- mittees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report. Sec. 603. Any department or agency action taken pursuant to section 602 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to Section 602, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with Section 10 of the Administrative Procedure Act, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that section. UPS FORM 288, NOV [.G (Inclasurc i) P" Sec. 604. Nothing contained in this title shall be construed to authorize action under this title by any department or agency with respect to any employment practice of any employer, employment agency, or labor organization except where a primary objective of the Federal financial assistance is to provide employment. Sec. 605. Nothing in this title shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty. '4 2. DIRECTIVE 5500.11, DEC. 28, 1964, ISSUED PURSUANT TO TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (PL 88 352) POLICY A. General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this Directive applies. B. Specific Discriminatory Actions Prohibited. 1. A recipient under any program to which this Directive applies may not, directly or through contractual or other arrangements, on the ground of race, color, or national origin: a. Deny an individual any service, financial aid, or other bene- fits provided under the program; b. Provide any service, financial or other benefit to an individual which is different, or is.provided in a different manner, from that provided to others under the program; c. Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program; d. Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program; e. Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program; f. Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program. '2. A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any such program, or the class of individuals to whom, or the situations in which, such services, financial aid, other benefits, or facilities will be provided under any such program, or the class of individuals to be afforded an opportunity to participate in any such program, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respect individuals of a particular race, color, or national origin. PS FORM 28 ab (In 2) Nov 66 ell 3: As used herein the services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any service, financial aid, or other benefit provided in or through a facility provided with the aid of Federal financial assistance. 4. The enumeration of specific forms of prohibited discrimination herein, does not limit the generality of the prohibition cited under "A General." COMPLIANCE INFORMATION A. Cooperation and Assistance. Each responsible Department official shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this Directive and shall provide assistance and guidance to recipients to help them comply voluntarily with this Directive. B. Compliance Reports. Each recipient shall keep such records and submit to the responsible Department official timely, complete and accurate compliance reports at such times, and in such fotm and containing such information, as the responsible Department official may determine to be necessary to enable him to ascertain whether the recipient has complied or is complying with this Directive. In the case of any program under which a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations imposed pursuant to this Directive'. C. Access to Sources of Information. Each recipient shall permit access by the responsible Department official during normal business hours to such'of its books, records, accounts, and other sources of information, and its facilities as may be pertinent to ascertain compliance with this Directive. Where any information required of a recipient is in the exclusive possession of any other institution or person and this institution or person shall fail or refuse to furnish this information, the recipient shall so certify in its report and shall set forth what efforts it has made to obtain the information. D. Information to Beneficiaries and Participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this Directive and its applicability to the program under which the recipient receives Federal financial assistance, and make such information availablc to them in such manner, as the responsible Department official finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this Directive. 2. 1 am the chief legal officer of the City of Port Angeles "Sec. 221. (a) After the date of enactment of this Act, the con- struction of any water resources project by the Secretary of the Army, acting through the Chief of Engineers, or by a non Federal interest where such interest will be reimbursed for such construction under the provisions of section 215 of the Flood Control Act of 1968 or under any other provision of law, shall not be commenced until each non Federal interest has entered into a'written agreement with the Secretary of the Army to furnish its required cooperation for the project. (b) A non Federal interest shall be a legally constituted public body with full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform. (c) Every agreement entered into pursuant to this section shall be enforcible in the appropriate district court of the United States. (d) After commencement of construction of a project, the Chief of Engineers may undertake performance of those items of cooperation necessary to the functioning of the project for its purposes, if he has first notified the non- Federal interest of its failure to per- form the terms of its agreement and has given such interest a reason- able tjme after such notification to so perform. (e) The Secretary of the Army, acting through the Chief of Engineers, shall maintain a continuing inventory of agreements and the status of their performance, and shall report thereon annually to the Congress. (f) This section shall not apply to any project the construe- tion of which was commenced before January 1, 1972." 1 approve the project for beach erosion control on Ediz Hook 1 have consid_ red in my review the effect on t :,e project of Section 221 of the Flood Control Act of 1970, which follows: By Date Title RESOLUTION NO. 6-74 CITY OF PORT ANGELES STATE OF WASHINGTON IN THE MATTER OF EROSION CONTROL ON RESOLUTION TO EDIZ HOOK IN CLALLAM COUNTY, STATE ASSUME OBLIGATIONS OF WASHINGTON OF LOCAL COOPERATION WHEREAS, The United States has authorized, by PL 93-251, Water Resources Development Act of 1974, a project for emergency interim measures of erosion control to prevent breaching of Ediz Hook, Clallanx County, Washington. WHEREAS, In accordance with the provisions of PL 93-251, said project cannot be initiated until a responsible local agency has given assurances satis- factory to the Secretary of the Army that it will: a. Provide without cost to the United States all necessary lands, easements, and rights-of-way required for project construction; b. Hold and save the United States free from claims for damages that may result from construction or maintenance of the project; d. Provide no cash contribution at this time'for emergency interim work; however, will provide cash contribution of the required share of first costs of the beach protection works prior to adver- tising construction of the permanent project. When final accounting is made, that portion of the emergency work which is incorporated into and becomes a part of the permanent work will be included in calculating the final total local cash contribution. t "r, �nE•' ^7' t �-rR .sa. tc�,'y'.s�!€r'`�.1 ��fti °�r�u�!v'��`- t4. Acquire required lands pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies: Act of 1970, Public Law 91 -646: 84 Stat 1894 S.1 2 January 1971 whereunder, we, as local sponsors assure that; (1) Acquisition of Real Property will be guided, to the greatest extent practicable under State law, by the land acquisition policies in Sec. 301 and the provisions of Sec. 302; (2) Property owners will be paid or reimbursed for necessary .expenses as specified in Secs. 303 and 304; (3) Fair and reasonable relocation payments and assistance shall be provided to displaced persons as required under Secs. 202, 203 and 204;. (4) Relocation assistance programs offering the services described in Sec. 205 shall be provided to such displaced persons and shall include adequate and timely information concerning benefits, policies and procedures described in this assurance; (5) Within a reasonable period of time prior to displacement, decent, K safe and sanitary replacement dwellings will be available to,displaced persons in accordance with Sec. 205 (c)(3). (6) Where a project will result in acquisition of real estate, in, fee, or issuance of a Notice to Vacate or displacement of people, a com- i It prehensive "Relocation Plan" encompassing the requirements of Sec. 205 will be submitted in the form and content prescribed by the Corps of Engineers and, that such agency will not proceed with Acquisition of Real Estate until such Relocation Plan has been approved_ by the Corps. of Engineers. t 1 Incl NOW, THEREFORE, BE IT RESOLVED BY City of Port Angeles, Clallam County, Washington, that said city does hereby assume and agree to perform the above -named obligations; and there is hereby granted to the United States of America, its agents and its contractors, the right to enter on and use any lands owned by or under the control of said city for the purpose of constructing the project. DATED THIS 1- day of. `Li 1/11? 1974, at a regular (special) meeting and is a part of the minutes of the meeting. As stated ATTEST: t _F <..o City.Clerk BY Mayor RESOLUTION NO. if AZ-- A RESOLUTION providing for furnishing material and rights -of --way for work on Ediz Hook and holding the United States harmless for said work. 5,55 WHEREAS, the United States through the Department of the Atniy has requested the cooperation of the City of Port Angeles in facilitating emergency work to maintain the integrity of Ediz Hook which protects the City from the sea, and WHEREAS, the City has an available supply of gravel for said work which is badly needed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: 1. The City will provide the United States with all lands, rights -of -way and easements necessary for said work. 2. The City will make available to the United States all gravel needed for said work from its pit site located in Section 36, Township 31 North, Range 7 West W.M., Clailam County, Washington, at a price per cubic yard to be negotiated between the parties. 3. The City will hold the United States harmless from all damages resulting from the construction and maintenance of a breakwater on Ediz Hook. 4. The City will prevent encroachment on the work in progress and completed work. 5. The City will meet all other requirements of the United States reasonably necessary for the construction and maintenance of said facility. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of the Council held on the Z5=7 day of January, 1974. Attest:: e City Clerk Approved as to form; Ze C 'ty Attorney PUBLISHED: ,j4 /if /7 /74/ A Mayor