09-229.00 Morgen & Oswood: Barker Bridge Replacement� Washington State
�I/ Department of Transportation
Change Order
Date 10/23/2009
Page I of 3 Pages
Contract Number 08 -017 (CIP -0003) Federal Aid Number
Contract Title Barker Road Bridge Replacement
Change Order Number D
Prime Contractor Morgen & Oswood Construction Co., Inc.
BRM 4123(004)
® Ordered by Engineer under the terms of Section 1 -04.4 of the Standard Specifications
❑ Change proposed by Contractor
Endorsed By Surety Consent
TRAVII S TY AND fj ANY OF MIIPJCA
Contractor Attorne n F t JOHN D T FAF
v L C> 9 ) M 8, 2009
Date Date
Original Contract Amount
Current Contract Amount
Estimated Net Change This Order
Estimated Contract Total After Change
9,449,354.75
9,335,149.07
- 15,000.00
9,320,149.07
Approval Recommended ❑ Approved
AJU\ n
Project Engi e W
Approved
Approving Authority per reelnent
Date
Date
® Approval Recommended ❑ Approved
Other Approval When R quired
By
lS OF<- 09
Signature Date
Date
Representing
DOT Form 140 -005 EF
Revised 4/06
OA 244,1
CHANGE ORDER
Project: Barker Road Bridge Replacement
Contract No.: 08 -017 (CIP -0003)
Federal Aid Number: BRM 4123 (004)
The Contract is revised as follows:
Description of Work
Page 2 of 3
Change Order No. 5
Previously issued Hydraulic Project Approval (HPA) documents are replaced with the
revised HPA (110492 -8) issued by the Department of Fish and Wildlife (WDFW) on
October 19, 2009. The revised HPA is attached to this Change Order as Attachment A.
The October 16, 2009 mitigation letter referenced in Article 40 of the revised HPA is
attached to this Change Order as Attachment B.
Work within and over the area between the ordinary high water lines shall be performed
in accordance with the revised HPA. The Timing Limitations stipulated in Article 1 of the
revised HPA supersede the dates shown in Special Provision 1- 07.5(2) and previously
issued HPA documents.
The City of Spokane Valley and Department of Fish and Wildlife have agreed to an
additional monetary mitigation assessment of $15,000 for perceived past violations of HPA
requirements and for impact to fish life due to in -stream work being conducted outside of
the normal work window between August 31, 2009 and the end of the project. The
Contractor agrees to compensate the City for this additional mitigation assessment cost by
a commensurate reduction of the Contract amount. The Contractor shall be responsible
for any additional mitigation fees, penalties, fines, or other costs related to performing the
work outside of the terms and conditions of the revised HPA.
Materials
N/A
Construction Requirements
See Description of Work above.
Measurement
No separate measurement will be made.
Payment
"Change Order No. 5 - Revised HPA Issued October 19, 2009 ", Lump Sum, deduct
amount of $15,000.
Working Days
The Contract time is unchanged.
CHANGE ORDER
Project: Barker Road Bridge Replacement
Contract No.: 08 -017 (CIP -0003)
Federal Aid Number: BRM 4123 (004)
Attachments
This change order includes the following attachments:
Page 3 of 3
Change Order No. 5
Attachment A - Hydraulic Project Approval (110492 -8), dated October 19, 2009.
Attachment B - Barker Road Bridge Replacement: Mitigation Agreement in Principle,
dated October 16, 2009.
CHANGE ORDER
Project: Barker Road Bridge Replacement Page 2 of 3
Contract No.: 08 -017 (CIP -0003) Change Order No. 5
Federal Aid Number: BRM 4123 (004)
The Contract is revised as follows:
Description of Work
Previously issued Hydraulic Project Approval (HPA) documents are replaced with the
revised HPA (110492 -8) issued by the Department of Fish and Wildlife (WDFW) on
October 19, 2009. The revised HPA is attached to this Change Order as Attachment A.
The October 16, 2009 mitigation letter referenced in Article 40 of the revised HPA is
attached to this Change Order as Attachment B.
Work within and over the area between the ordinary high water lines shall be performed
in accordance with the revised HPA. The Timing Limitations stipulated in Article 1 of the
revised HPA supersede the dates shown in Special Provision 1- 07.5(2) and previously
issued HPA documents.
The City of Spokane Valley and Department of Fish and Wildlife have agreed to an
additional monetary mitigation assessment of $15,000 for perceived past violations of HPA
requirements and for impact to fish life due to in -stream work being conducted outside of
the normal work window between August 31, 2009 and the end of the project. The
Contractor agrees to compensate the City for this additional mitigation assessment cost by
a commensurate reduction of the Contract amount. The Contractor shall be responsible
for any additional mitigation fees, penalties, fines, or other costs related to performing the
work outside of the terms and conditions of the revised HPA.
Materials
N/A
Construction Requirements
See Description of Work above.
Measurement
No separate measurement will be made.
Payment
"Change Order No. 5 - Revised HPA Issued October 19, 2009 ", Lump Sum, deduct
amount of $15,000.
Working Days
The Contract time is unchanged.
Washington HYDRAULIC PROJECT APPROVAL
Department of
FISH and RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW
WILDLIFE
Issue Date: October 19, 2009 Control Number:
Project Expiration Date: August 31, 2010
FPA/Public Notice #:
Eastern
2315 N Discovery Place
Spokane, WA 99218
(509) 892 -1001
110492 -8
N/A
PERMITTEE
City of Spokane Valley
ATTENTION: Steve Worely
11707 E Sprague Ave Suite 106
Spokane Valley, WA 99201
509 - 921 -1000
Fax: 509 - 921 -1008
AUTHORIZED AGENT OR CONTRACTOR
CH2M Hill
ATTENTION: Marlena Guhlke
9 S. Washington Street Suite 400
Spokane, WA 99201
509 - 747 - 2000(7245)
Fax: 509-252-1513
Project Name: Barker Road Bridge Replacement
Project Description: Demolition and replacement of existing bridge including deck, beams,
columns, abutments, in -river piers and footings.
PROVISIONS
1. TIMING LIMITATIONS: The project may begin October 19, 2009 and shall be completed by
August 31, 2010.
Work in the water below the ordinary high water line may occur EXCEPT between March 15th and
June 15th 2010.
Work over the water within the limits of the OHWM may occur anytime between October 19th, 2009
and August 31st, 2010 provided this work is consistent with all permit provisions and approved
plans provided by the applicant.
2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall receive
notification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or
the agent/contractor prior to the start of construction activities. The notification shall include the
permittee's name, project location, starting date for work, and the control number for this HPA.
3. NOTIFICATION REQUIREMENT: The Enforcement Officer listed below shall receive
notification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or
the agent/contractor prior to start of work. The notification shall include the permittee's name,
project location, starting date for work or completion date of work, and the control number for this
HPA.
4. Work shall be accomplished per plans and specifications approved by the Washington
Department of Fish and Wildlife entitled JARPA and dated September 4, 2007, Barker Road Bride
Replacment Contract Douments, dated April 2008 and as outlined in the "Barker Road Bridge
Mitigation Assessment" dated September 15, 2008 except as modified by this Hydraulic Project
Approval.
EQUIPMENT
Page 1 of 7
GNA►.�CaE Del h1n. 5
A 't'T A c•Nm � rT A
Washington HYDRAULIC PROJECT APPROVAL
Department of
FISH and RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW
WILDLIFE
Issue Date: October 19, 2009 Control Number:
Project Expiration Date: August 31, 2010
FPA/Public Notice #:
Eastern
2315 N Discovery Place
Spokane, WA 99218
(509) 892 -1001
110492 -8
N/A
5. Equipment used for demolition and construction within the OHWL shall operate stationed on the
banks, Temporary Work Platform as per proposed access plans.
6. The use of equipment below the ordinary high water line shall be limited to that necessary to gain
position for work.
7. Equipment used for this project shall be free of external petroleum -based products while working
around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms
(wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the ordinary
high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be
completed prior to commencing work activities along the stream.
8. All fuel and petroleum products shall be securely stored in an equipment staging and refueling
area away from the river. A spill response kit must be well stocked and available on site at all
times, including boom and sorbents that are effective for vegetable based hydraulic fluids.
9. Equipment crossings of the stream are not authorized by this HPA.
10. Equipment operating within and over the OHWM shall operate with vegetable based hydraulic
fluids whenever possible.
WATER QUALITY
11. Wooden components used on the project that may contain creosote or pentachlorophenol shall
be encapsulated with an impervious wrapping and covered with plywood. If at any time during the
project these materials or residue from these materials enters the water work shall stop and the
appropriate agency shall be notified per provision #14.
12. If work activities result in fish being trapped, the permittee shall capture and safely move food
fish, game fish, and other fish life from the job site. The permittee shall have fish capture and
transportation equipment ready and on the job site. Captured fish shall be immediately and safely
transferred to free - flowing water downstream of the project site. The permittee may request the
Washington Department of Fish and Wildlife assist in capturing and safely moving fish life from the
job site to free - flowing water, and assistance may be granted if personnel are available.
13. Any device used for diverting water from a fish- bearing stream shall be equipped with a fish
guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010 and
77.57.070. The pump intake shall be screened with 1/8 -inch mesh to prevent fish from entering the
system. The screened intake shall consist of a facility with enough surface area to ensure that the
velocity through the screen is less than 0.4 feet per second. Screen maintenance shall be
adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place
whenever water is withdrawn from the stream through the pump intake.
Page 2 of 7
Washington HYDRAULIC PROJECT APPROVAL
Department of
FISH and RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW
WILDLIFE
Issue Date: October 19, 2009 Control Number:
Project Expiration Date: August 31, 2010
FPA/Public Notice #:
Eastern
2315 N Discovery Place
Spokane, WA 99218
(509) 892 -1001
110492 -8
N/A
14. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or
water quality problems develop (including equipment leaks or spills), immediate notification shall be
made to the Washington Military Department's Emergency Management Division at 1- 800 -258-
5990, and to the Area Habitat Biologist listed below.
15. Erosion control methods shall be used to prevent silt -laden water from entering the stream.
These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds,
check dams of pea gravel - filled burlap bags or other material, and /or immediate mulching of
exposed areas.
16. Wastewater from project activities and water removed from within the work area shall be routed
to an area landward of the ordinary high water line to allow removal of fine sediment and other
contaminants prior to being discharged to the stream.
17. All waste material such as construction debris, silt, excess dirt or overburden resulting from this
project shall be deposited above the limits of flood water in an approved upland disposal site.
18. If high flow conditions that may cause siltation are encountered during this project, work shall
stop until the flow subsides.
19. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement,
sediments, sediment -laden water, chemicals, or any other toxic or deleterious materials are allowed
to enter or leach into the stream.
20. Fresh concrete or concrete by- products shall not be allowed to enter the stream at any time
during this project. All forms used for concrete shall be completely sealed to prevent the possibility
of fresh concrete from getting into the stream.
21. Material removed from inside the cofferdam shall be disposed of outside the floodplain of the
stream.
22. The cofferdam shall be completely sealed to prevent concrete or other deleterious products
from leaching into the stream.
23. During the seal pour of concrete into the sheet pile enclosure, the water level inside the
enclosure shall be held to at least six inches below the water level outside the enclosure.
TEMPORARY WORK BRIDGE and ACCESS PADS
24. The Temporary Work Platform shall be constructed to pass the 100 -year flood event with
consideration of the debris likely to be encountered.
25. The temporary bridge shall be placed in a manner to minimize damage to the riverbed or banks.
Page 3 of 7
Washington HYDRAULIC PROJECT APPROVAL
Department of
FISH and RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW
�K WILDLIFE
Issue Date: October 19, 2009 Control Number:
Project Expiration Date: August 31, 2010
FPA/Public Notice #:
Eastern
2315 N Discovery Place
Spokane, WA 99218
(509) 892 -1001
110492 -8
N/A
26. All driven piles shall be capped or of an H -Pile type to prevent entrance of stream bed material.
27. The work platform decking must be sufficiently sealed for the duration of the project to prevent
debris and other pollutants from entering the river.
28. Wooden components shall not contain creosote or pentachlorophenol. This shall include
pilings, beams, structural supports, and decking. These components shall remain free of these
toxic substances for the duration of the project.
29. All temporary structures including piles shall be completely removed from the river upon
completion of the project. This shall be accomplished so that the structure and associated material
does not re -enter the river.
BRIDGE DEMOLITION
30. Demolition of the existing birdge structure and piers shall be accomplished so that the structure
and associated material does not enter the stream. This may include the use of temporary debris
containment enclousres to contain demolition debris and to limit downstream turbidity. If concrete
sawing is required, then the area shall be tarped to prevent any wastewater from entering the river.
Material shall be disposed of so it will not re -enter the stream.
31. The bridge deck shall be cleaned of aggregate or earth materials prior to bridge removal. This
material shall be disposed of so it will not enter the stream.
32. Removal of the existing structure shall be accomplished so the structure and associated
material does not enter the stream. As per the application, methods shall be implemented to limit
the loss of debris to the river this includes tarping, or dropping material on temporary barges or
platforms. Material shall be disposed of so it will not re -enter the stream.
33. As much of the bridge superstructure as possible shall be dismanted and mechanically
removed. Bridge parts that cannot be mechanically removed may be broken into large sections
and dropped into the stream. These sections shall be as large as can safely be handled and shall
be removed immediately after they have been dropped.
34. Removal shall be accomplished by mechanical means. This Hydraulic Project Approval does
not authorize blasting.
PIER DEMOLITION AND RECONSTRUCTION
35. In stream pier demolition shall be done in a manner to minimize siltation to adjacent areas.
Demolition will be done in a manner to minimize pulverizing of the piers. Existing foundations shall
be removed within temporary enclosures to insure the containment of concrete debris. New piers
shall be drilled shafts constructed within casings in isolation from the river. Spoils and wastewater
from the isolated work areas will not be allowed to enter the river and shall be removed for disposal
Page 4 of 7
Washington HYDRAULIC PROJECT APPROVAL
Department of
FISH and RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW
WILDLIFE
Issue Date: October 19, 2009 Control Number:
Project Expiration Date: August 31, 2010
FPA/Public Notice #:
Eastern
2315 N Discovery Place
Spokane, WA 99218
(509) 892 -1001
110492 -8
N/A
off site.
36. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact
with the water. Fresh concrete or concrete by- products shall not be allowed to come in contact with
state waters.
MITIGATION
37. The City of Spokane Valley shall comply with the terms of the "Barker Road Bridge Mitigation
Assessment" document dated September 15, 2008 and the "Agreement for Spokane River Aquatic
Impact Mitigation for The Barker Road Bridege Replamcent Project" document dated September
15, 2008.
38. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to
construct the project. Within seven calendar days of project completion, all disturbed areas shall be
protected from erosion using vegetation or other means. Within one year of project completion, the
banks, including riprap areas, shall be revegetated with native or other approved woody species.
Vegetative cuttings shall be planted at a maximum interval of three feet (on center) and maintained
as necessary for three years to ensure 80 percent survival.
39. All work bridge pile and girder removal work shall be done in such a manner as to minimize
turbidity and to be in complaince with water quality standards. If turbidity can not be kept to a
minimum then the work shall stop and a meeting shall be called with our agency to discuss viable
alternatives or addtional mitigation.
40. Mitigation for percieved past violations and for impacts to fish life due to instream work being
conducted outside of the normal work window between August 31, 2009 and the end of the project
shall be accomplished per the attached letter dated Octover 16th, 2009 from the City of Spokane
Valley to the Region 1 Habitat Program Manager.
PROJECT LOCATIONS
Location #1 Spokane River
WORK START: October 19, 2009
IWORK END: August 31, 2010
WRIA:
Waterbody:
Tributary to:
57.0001
Spokane River
Columbia River
1/4 SEC:
Section:
Township:
Range:
Latitude:
Longitude:
County:
All
0
25 N
45 E
N 47.6779
W 117.153
Spokane
Location #1 Driving Directions
Barker Road Bridge, Spokane Valley.
Page 5 of 7
Washington HYDRAULIC PROJECT APPROVAL
Department of
FISH and RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW
WILDLIFE
Issue Date: October 19, 2009 Control Number:
Project Expiration Date: August 31, 2010
FPA/Public Notice #
Eastern
2315 N Discovery Place
Spokane, WA 99218
(509) 892 -1001
110492 -8
N/A
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code,
specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be
necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying
for and obtaining any additional authorization from other public agencies (local, state and /or federal) that may be
necessary for this project.
This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the
person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.
This Hydraulic Project Approval does not authorize trespass.
The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held
liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this
Hydraulic Project Approval.
Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one
hundred dollars per day and /or a gross misdemeanor charge, possibly punishable by fine and /or imprisonment.
All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or
bank stabilization projects) or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department
of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The
person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal
such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued
pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after
consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such
modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301.
APPEALS INFORMATION
If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are
informal and formal appeal processes available.
A. INFORMAL APPEALS (WAC 220 - 110 -340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021,
77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department
actions may request an informal review of:
(A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic
Project Approval; or
(B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department
of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501 -1091 and shall be
RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an
order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project
Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and
his /her supervisor. If resolution is not reached, or the aggrieved parry is not the Hydraulic Project Approval applicant,
the Habitat Technical Services Division Manager or his /her designee shall conduct a review and recommend a decision
to the Director or his /her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may
be filed.
Page 6 of 7
' Washington HYDRAULIC PROJECT APPROVAL Eastern
Department of 2315 N Discovery Place
FISH and RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Spokane, WA 99218
WILDLIFE (509) 892 -1001
Issue Date: October 19, 2009 Control Number: 110492 -8
Project Expiration Date: August 31, 2010 FPA/Public Notice #: N/A
B. FORMAL APPEALS (WAC 220 - 110 -350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021
(EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291:
A person who is aggrieved or adversely affected by the following Department actions may request a formal review of:
(A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic
Project Approval;
(B) An order imposing civil penalties; or
(C) Any other'agency action' for which an adjudicative proceeding is required under the Administrative Procedure
Act, Chapter 34.05 RCW.
A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals
Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING
OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501 -1091, within 30 -days of
the Department action that is being challenged. The time period for requesting a formal appeal is suspended during
consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal
appeal shall be within 30 -days of the date of the Department's written decision in response to the informal appeal.
C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation,
stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely
affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a
Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to
the Hydraulic Appeals Board per WAC 259 -04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two -
Rowe Six, Lacey, Washington 98504; telephone 360/459 -6327.
D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person
who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or
provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in
accordance with the provisions of Chapter 43.21 L RCW and Chapter 199 -08 WAC. The request for FORMAL APPEAL
shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office,
Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P.O. Box 40903,
Lacey, Washington 98504; telephone 360/459 -6327.
E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is
no timely request for an appeal, the department action shall be final and unappealable.
ENFORCEMENT: Sergeant Rahn (39) P1 E
Habitat Biologist lawlojjl @dfw.wa.gov for Director
Jeff Lawlor 509 - 892 -1001 WDFW
CC: Mark Wachtel, RHPM
Officer Mosman W 74
Rick Pratt, USACOE
Michael Maher, Ecology Eastern Region Shorelines
CH2M Hill, Marlena Guhlke 9 S. Washington Street Suite 400 Spokane 99201
Page 7 of 7
. Y
October 16, 2009
Mr. Mark Wachtel
Regional Habitat Program Manager
Washington Department of Fish & Wildlife
2315 North Discovery Place
Spokane Valley, WA 99216
11707 E Sprague Ave Suite 106 ® Spokane Valley WA 99206
509.921.1000 ® Fax: 509.921.1008 ® cityhalt@spokanevatley.org
Re: Barker Bridge Replacement: Mitigation Agreement in Principle
Dear Mr. Wachtel:
Our HPA for the Barker Bridge project has been extended several times for a number of
reasons, and is set to expire on October 21 with much work still to be done. To facilitate
continued project work within and over the Spokane River, conversations with Jeff Lawlor of
the Department of Fish and Wildlife (F &W) have recently turned to a "mitigation agreement
in principle." To that end, we agree to the following provisions and believe they will satisfy
both your Department's mission to protect fish and our need to finish the project:
(1) Though no citations have been issued, F &W has perceived violations to the HPA such
as debris dropped into the river during demolition of the old bridge, sediment transport
during excavation around casing pipes, erosion of the north bank during the spring
runoff and fluids from machinery that dripped on the work bridge and could have
leached into the river. Under this agreement, perceived violations occurring prior to the
date of this letter will not be pursued any further.
(2) Before December 31, 2009, a payment of $15,000 will be made to the Spokane chapter
of Trout Unlimited for fish enhancement work within the river, with the work being
approved by F &W. It is our desire that the fish enhancement work occur within the
City of Spokane Valley.
(3) The permit will be extended to the conclusion of the project, allowing the Contractor to
work above the ordinary high water mark to finish construction of the new bridge and
below the ordinary high water mark to remove the temporary work bridge and place the
uplands fill capping material in our project limits on behalf of the Department of
cHgo-►cgE OR.Vsp,
A - ITA< -Vt"S, T S
t
Mr. Mark Wachtel
October 16, 2009
Page 2
Ecology. No in -water work will be allowed during the spring spawning period of
March 15, 2010 through June 15, 2010.
If the provisions above are acceptable to you, please let us know a contact for Trout
Unlimited to arrange a payment.
Please let me know if you have questions.
Sincerely,
l�lt
David Mercier
City Manager
cc: Greg Oswood, Morgen & Oswood Construction Co.
Jim Dingfield, CH2M HILL
Project File