HomeMy WebLinkAbout12/09/2025 07.L. Resolution authorizing an Interlocal Agreement between the City of Yakima and Yakima County for Phase 1 of the Shaw and Wide Hollow Creeks Flood Control Project 0,` ! ♦ !'!
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.L.
For Meeting of: December 9, 2025
ITEM TITLE: Resolution authorizing an Interlocal Agreement between the City of
Yakima and Yakima County for Phase 1 of the Shaw and Wide Hollow
Creeks Flood Control Project (Stormwater Capital Fund 442)
SUBMITTED BY: * Scott Schafer, Public Works Director
Mike Price, Wastewater/Stormwater Manager
SUMMARY EXPLANATION:
The City of Yakima (City) and Yakima County (County) desire to enter into an Interlocal Agreement (ILA)
to define responsibilities and duties of both the City and County for the management of funds to
implement Phase 1 of the Shaw and Wide Hollow Creeks Flood Control project (Project).
Repeated flooding of residences and infrastructure has been an issue in previous years from Shaw and
Wide Hollow Creeks. The Project includes Shaw Creek channel relocation, Wide Hollow Creek
conveyance improvements and box culvert flood conveyance improvements to accommodate the
additional flow from the new Shaw Creek relocation channel. Phase 1 of the Project specifically
addresses the design, permitting, environmental assessments and necessary land acquisition. No
construction will take place within Phase 1.
Funding for the Project is provided to the County through the Building Resilient Infrastructure and
Communities (BRIC) grant program, the Washington State Department of Ecology Water Quality
Combined Financial Assistance grant program and City of Yakima stormwater funds. The City agrees to
provide the local financial match estimated at $177,500 required of the County's grant for the land
acquisition utilizing Stormwater Capital Fund 442.
The City will review the portion of the Project that includes the designs of the 80th Ave. box culvert and
the Wide Hollow Road box culvert, provide input to the SEPA process and will process the critical areas
permit for the Project areas within the City's jurisdiction. The County will provide overall management,
coordination and accounting for the Project including administering grant contracts awarded to the
County. In addition, provide the design, engineering and project management for the Project.
The ILA has been attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: Adopt Resolution.
147
ATTACHMENTS:
Resolution ILA Yakima County Shaw & Wide Hollow Creeks.docx
ILA-Shaw & Wide Hollow Creeks Flood Ctrl.pdf
148
RESOLUTION NO. R-2025-
A RESOLUTION authorizing an Interlocal Agreement between the City of Yakima and
Yakima County for Phase 1 of the Shaw and Wide Hollow Creeks Flood
Control Project.
WHEREAS, repeated flooding of residences and infrastructure has been an issue in
previous years from Shaw and Wide Hollow Creeks; and
WHEREAS, the City of Yakima (City) and Yakima County (County) desire to enter into
an Interlocal Agreement (ILA) to define responsibilities and duties of both the City and County
for the management of funds to implement Phase 1 of the Shaw and Wide Hollow Creeks Flood
Control project (Project); and
WHEREAS, the Project includes Shaw Creek channel relocation, Wide Hollow Creek
conveyance improvements and box culvert flood conveyance improvements to accommodate
the additional flow from the new Shaw Creek relocation channel; and
WHEREAS, Phase 1 of the Project specifically addresses the design, permitting,
environmental assessments and necessary land acquisition. No construction will take place
within Phase 1; and
WHEREAS, funding for the Project is provided to the County through the Building
Resilient Infrastructure and Communities (BRIC) grant program, the Washington State
Department of Ecology Water Quality Combined Financial Assistance grant program and City of
Yakima stormwater funds; and
WHEREAS, the City agrees to provide the local financial match estimated at $177,500
required of the County's grant for the land acquisition. The City will also review the portion of
the Project that includes the designs of the 80th Ave. box culvert and the Wide Hollow Road box
culvert, provide input to the SEPA process and will process the critical areas permit for the
Project areas within the City's jurisdiction; and
WHEREAS, the County will provide overall management, coordination and accounting
for the Project including administering grant contracts awarded to the County. In addition,
provide the design, engineering and project management for the Project; and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and
its residents to enter into an Interlocal Agreement with Yakima County to implement Phase 1 of
the Project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Interlocal Agreement between the
City of Yakima and Yakima County, attached hereto and incorporated herein by this reference,
for Phase 1 of the Shaw and Wide Hollow Creeks Flood Control Project
ADOPTED BY THE CITY COUNCIL this 9th day of December, 2025.
149
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
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INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF YAKIMA AND
YAKIMA COUNTY
SHAW AND WIDE HOLLOW CREEKS FLOOD CONTROL PROJECT
BRIC GRANT D25-029
THIS AGREEMENT is made and entered between Yakima County (County) and the City of
Yakima(City), pursuant to RCW Chapter 39.34 —The Interlocal Cooperation Act, and is for the
following purpose and on the following terms:
The parties agree as follows:
1. PURPOSE.
A. The purpose of this Agreement is to define the responsibilities and duties of the City and
County for the management of funds to implement Phase I of the Shaw and Wide Hollow
Creeks Flood Control project(Project).
B. The Project includes Shaw Creek channel relocation, Wide Hollow Creek conveyance
improvements and box culvert flood conveyance improvements to accommodate the
additional flow from the new Shaw Creek relocation channel. Phase I includes design,
permitting, environmental assessments, and land acquisition. Phase II includes
construction and related management and administration.
C. Funding for this project is provided by the State of Washington Emergency Management
Division (EMD) under grant number D25-029 awarded by the Federal Emergency
Management Agency (FEMA) through the Building Resilient Infrastructure and
Communities(BRIC)grant program(See Exhibit A),the Washington State Department of
Ecology Water Quality Combined Financial Assistance grant program under grant
agreement No. WQC-2025-YaCoPS-000143 (See Exhibit B), and the City of Yakima per
this interlocal agreement.
D. Funding for the Construction(Phase II) of the BRIC grant was cancelled in April of 2025
as part of FEMA's conclusion of the BRIC program. No substantial construction funding
has been found as a replacement. Phase II is not subject to this agreement and will require
a separate ILA once funding has been identified.
Background:
In 2019 and 2020, Yakima County in partnership with the City developed 30% design plans
for the 80th avenue box culvert and the Wide Hollow Road box culvert. Engineer's estimated
cost with 30-percent contingency was $909,225 in 2019 dollars for both culverts.
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In early 2020, 99-percent plans were separately developed for the 80th avenue box culvert.
Engineer's estimated cost for the 80th avenue culvert with 10-percent contingency was
$454,564 in 2019 dollars.
In August 2025,2019 box culvert cost estimates were escalated using 4%per year assuming a
2027/2028 construction window, which yielded an estimate of$625,000 for the 80th avenue
box culvert and $695,000 for the Wide Hollow Road box culvert.
As part of this Project, both culverts will be carried through 100% design and accompany
updated engineer's estimates. FEMA grant funding fully contributes to design and permitting
tasks but only partially contributes to land acquisition tasks, which City funding is needed to
match grant funds.
2. YAKIMA COUNTY RESPONSIBILITIES.
A. Provide the overall management, coordination, and accounting for the Project including
administering grant contracts awarded to the County.
B. Ensure maintenance of project records; submittal of payment vouchers, fiscal forms, and
progress reports; compliance with applicable procurement and interlocal agreement
requirements and shall submit all invoice requests and supportive documentation to the
Washington Emergency Management Division and Department of Ecology. Yakima
County will ensure that grant match is computed based on FEMA and Washington State
Emergency Management Division grant administration guidelines.
C. Provide the design,engineering and project management for the Project.The items covered
will include preliminary engineering,right-of-way acquisitions,environmental studies and
documentation,permit applications,and final design. In accordance with the FEMA grant,
the new box culverts adjacent to existing city box culverts will provide additional stream
capacity to help pass the 100-year flood. The box culverts will be expandable to provide
additional lanes, but such expansions are outside of this FEMA grant.
D. Specific details of Yakima County Project responsibilities include:
a. Preliminary Engineering (PE):
i. Topographic Surveying
ii. Engineering Analysis (hydraulics, soils,drainage, traffic studies, etc.)
iii. Engineering Design
iv. Environmental Documentation(SEPA,NEPA, related studies)
v. Permitting
vi. Right of Way Plans (a plan showing existing and required rights of way)
vii. Plans, Specifications, and Estimates [P, S, &E] (i.e., bid documents)
b. Right of Way (R/W):
i. R/W Documentation
ii. Right of Way Surveying
iii. Legal Descriptions
iv. Valuation/Appraisal
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v. Negotiations
vi. Condemnations
vii. Document Recording
viii. Right of Way Certification(if required)
c. Permits:
i. The permits required for the Project will include as a minimum: Corps of
Engineers 404 permit, Water Quality 401 permit, HPA, shorelines and
critical areas permits, construction stormwater general permit and the
flood hazard determination application. Yakima County will be the lead
agency for the SEPA process and the applicant for all required permits.
The City of Yakima will process the Critical Areas permit for the portions
of Shaw Creek and Wide Hollow Creeks within their jurisdiction.
d. National Flood Insurance Program Compliance:
i. Apply for the Conditional Letter of Map Revision(CLOMR)or submit a
CLOMR equivalent study for review by FEMA. No-Rise certifications
may also be used.
e. Project Closeout:
i. Yakima County will be responsible for the closeout of the BRIC grant with
FEMA and Washington State EMD.
E. The County will turn over ownership of the box culverts to the City of Yakima upon final
inspection.
3. CITY OF YAKIMA RESPONSIBILITIES.
The City agrees to:
A. Provide the local financial match to the Land Acquisition task of the BRIC grant at 12.5%
for the costs to implement the task, estimated at $177,500. The City's local match may be
provided to the County through alternate grant funding, cash or other mutually agreeable
contributions that meet FEMA and EMD requirements.
B. In the event of box culvert design overruns that cannot be contained within the BRIC Phase
I project upper limit defined within the original grant application,the City and County will
jointly pursue supplemental funding sources, or project scope change if applicable. If the
lowest responsive bid for the entire project is more than the budgeted amount,the City and
County shall meet to discuss cost sharing and budgeting.
C. Review that portion of the project that includes the box culverts at three steps, TSL (type,
size, and location), PSE (plans, specifications, and engineering) and award. Provide
written comments back to Yakima County in a timely manner.
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D. The City of Yakima will provide input to the SEPA process and will process the critical
areas permit for the project portions within City jurisdiction.
4. PERIOD OF PERFORMANCE.
The period of performance of this Agreement will commence when FEMA awards the grant
and funding is available to the County.
5. GRANT MATCH REQUIREMENT.
The specific obligations for the City under the PDM grant match requirements are identified
in Exhibit B.
6. BILLING PROCEDURE.
The COUNTY shall submit one bill for the total match up to an amount of$177,500 for land
right of way match to the City.
7. AMENDMENTS.
This Agreement contains all the terms and conditions agreed upon by the parties. No change
or addition to this Agreement is valid or binding upon either party unless such change or
addition is in writing and agreed to by both parties.
8. INDEPENDENT CONTRACTOR.
The parties agree that, for the purposes of this agreement, the County and the City are both
acting as an independent contractor and neither the County, nor the City, nor any of their
respective employees is an employee of the City.Neither the County nor any employee of the
County is entitled to any benefits that the City provides its employees.Neither the City nor any
employee of the City is entitled to any benefits that the County provides its employees. The
City hereby waives its immunity under workmen's compensation laws, Title 51 RCW, for
claims or lawsuits where the County or its employees or subcontractors brings a legal action
against City and/or its elected officials, employees, agents or volunteers regarding injuries or
damages that resulted from the City or its employees and subcontractor's employees'
negligence. The County hereby waives its immunity under workmen's compensation laws,
Title 51 RCW, for claims or lawsuits where the City or its employees or subcontractors brings
a legal action against County and/or its elected officials, employees, agents or volunteers
regarding injuries or damages that resulted from the County or its employees and
subcontractor's employees' negligence.
9. TERMINATION.
Neither party shall terminate this Agreement unless agreed to in writing by the other party; and
only following negotiations and agreement for the completion or removal of any portion of the
construction or the project that has already commenced.
10. DISPUTE RESOLUTION.
In the event of a dispute between the Parties regarding their respective rights and obligations
pursuant to this Agreement, the disputing Parties shall first attempt to resolve the dispute by
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negotiation. If a dispute is not resolved by negotiation, the issues in dispute may be resolved
through mediation or arbitration, the costs to be shared equally.
11. GOVERNING LAW AND VENUE.
This Agreement shall be governed by the laws of the State of Washington. Venue for any
action or proceeding shall be in the Superior Court of Yakima County.
12.ASSIGNMENT.
The work to be provided under this Agreement, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express prior written
consent of the other party, which consent shall not be unreasonably withheld.
13. INSURANCE.
Each Party shall obtain and maintain in full force and effect for the term of this Agreement, at
its own expense,comprehensive general liability and automobile insurance policies for bodily
injury, to include death and property damage, including coverage for owned, hired or non-
owned vehicles, as applicable, for the protection of the Party, its elected and appointed
officials, officers, agents, employees and volunteers. The policies shall be primary policies,
issued by a company authorized to do business in the State of Washington,or in City or County
Risk Pool and providing single limit general liability coverage of$2,000,000 per occurrence,
General Aggregate coverage of$5,000,000 per project and separate automobile coverage of
$2,000,000 or the limit of liability contained in State law, whichever is greater. If either party
is unable to obtain insurance as required by this paragraph, the Parties shall cooperate on
amending this Section to require types and levels of insurance that are available. The
certificates shall provide that the other Parties will receive thirty (30) days written notice of
cancellation or material modification of the insurance contract at the address listed below.Each
Party shall provide certificates of insurance to the other Parties prior to the performance of any
obligation under this agreement. If requested, complete copies of insurance policies shall be
provided to the other Parties. Each Party shall be financially responsible for their own
deductibles, self-insurance retentions, self-insurance, or uninsured risks.
14. INDEMNIFICATION/HOLD HARMLESS.
Each Party shall release, defend, indemnify and hold the other party, its officers, elected and
appointed officials, employees and volunteers harmless from any and all claims, injuries,
damages,losses or suits including attorney fees,arising out of or resulting from the acts,errors
or omissions of the other party in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the other party. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by
or resulting from the concurrent negligence of the other party,its officers,officials,employees,
and volunteers, liability, including the duty and cost to defend, hereunder shall be only to the
extent of each respective parry's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the County's and/or City's waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
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15. ATTORNEY'S FEES.
If any legal action or proceeding is commenced relating to this Agreement, each party is
responsible for its own attorneys' fees and costs.
16. INTEGRATION
This Agreement contains all of the terms and conditions agreed on by the parties. No other
understandings,oral or otherwise, regarding the subject matter of this Agreement,are deemed
to exist or to bind either of the parties.
17. SEVERABILITY.
If a court of competent jurisdiction holds any part,term or provision of this Agreement illegal,
or invalid in whole or in part,the validity of the remaining provisions shall not be affected,and
the parties' rights and obligations shall be construed and enforced as if the Agreement did not
contain the particular provision held invalid.
If any provision of this Agreement is in direct conflict with any statutory provision of the State
of Washington, that provision which may be in conflict shall be deemed inoperative and null
and void insofar as it is in statutory conflict, and shall be deemed modified to conform to the
law.
18. WAIVER.
The waiver by either party of any term or condition of this Agreement shall not operate in any
way as a waiver of any other condition, obligation or term or prevent either party from
enforcing such provision.
19. COMPLETE AGREEMENT.
This Agreement constitutes the complete and final understanding between the parties and may
be amended by the prior written consent of both parties.
20. SURVIVAL.
The provisions of this Agreement shall survive its termination and completion of Services.
21. NONDISCRIMINATION.
The County and the City acknowledge that they will not discriminate against any person on
the grounds of race, creed, color,religion,national origin, sex, sexual orientation, age,marital
status,political affiliation or belief,or the presence of any sensory,mental or physical handicap
in violation of the Washington State Law Against Discrimination(RCW chapter 49.60) or the
Americans with Disabilities Act(42 U.S.C. 12101 et seq.)or any other applicable state,federal
or local law,rule or regulation.
22. ASSIGNMENT.
The duties and obligations of the County and City under this agreement are not subject to
assignment without obtaining prior written approval.
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23. CONTRACT ADMINISTRATION.
Unless otherwise stated herein, all notices and demands are required in written form and sent
to the parties at their addresses as follows:
TO CITY OF YAKIMA:
Scott Schafer, Public Works Director
City of Yakima
129 North Second Street
Yakima, WA 98901
TO YAKIMA COUNTY:
David Haws, PE, CFM
Environmental Services Director
128 North Second Street
Yakima, WA 98901
(509) 574-2300
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(Agreement Name&Number)
DONE this day of 2025
CITY OF YAKIMA
Victoria Baker, City Manager
Approved as to Form:
Deputy Prosecuting Attorney
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li
BOARD OF YAKIMA COUNTY COMMISSIONERS
AGREEMENT
Agreement Number
BOARD OF COUNTY COMMISSIONERS
Kyle Curtis, Chair
LaDon Linde, Commissioner
Amanda McKinney, Commissioner
DATED:
Attest:
Julie Lawrence, Clerk of the Board or
Erin Franklin, Deputy Clerk of the Board
Approved as to Form:
41 Aq
"'pury Pr o ecuting Attorney
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