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HomeMy WebLinkAbout05/19/2026 07.G. Resolution interlocal agmt with Yak County, WSDOT_Naches-Cowiche Confluence Complex proj !, !:::1;5 • •••:,"?..1 � F - BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.G. For Meeting of: May 19, 2026 ITEM TITLE: Resolution authorizing an Interlocal Agreement between the City of Yakima, Yakima County, and Washington State Department of Transportation for the Naches-Cowiche Confluence Complex project (Grant/Irrigation Capital Funds) SUBMITTED BY: Scott Schafer, Director of Public Works *Daniel Tiliano, Water/Irrigation Manager SUMMARY EXPLANATION: The Resolution authorizes the City Manager to sign the Interlocal Agreement (ILA) between the City of Yakima, Yakima County and the Washington State Department of Transportation (WSDOT) to coordinate and design a series of interrelated flood risk reduction and floodplain restoration actions across the confluence of the Naches River and Cowiche Creek within the Project area. These actions will include longer-span bridges, levee setbacks, channel and floodplain restoration work, and the removal of irrigation diversion structures, pipelines, and canals. This Agreement defines the responsibilities and duties of the Parties within the scope of the Project as defined in the three respective grant agreements. Including the completion of grant administrative tasks and the preparation of grant deliverables. This Agreement sets expectations for coordination efforts during the Project as well as the initially anticipated future ownership and maintenance of acquired lands and constructed works. Amendments and extensions to this Agreement may be appropriate as designs are advanced or as additional funding is secured. Attached for City Council review is the ILA between the City, Yakima County and WSDOT. Also included is "Exhibit A", a map of the project area. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution Cowiche Confluent ILA.docx I nterlocal_Agreement_Naches-Cowiche_Confluence_Complex_Project Exhibit A.pdf 85 RESOLUTION NO. 2026- A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement between the City of Yakima, Yakima County, and the Washington State Department of Transportation for the Naches-Cowiche Confluence Complex Project. WHEREAS, the City of Yakima ("City"), Yakima County ("County"), and the Washington State Department of Transportation ("WSDOT") desire to cooperate on the completion of the Naches-Cowiche Confluence Complex Project; and WHEREAS, the Interlocal Cooperation Act (RCW 39.34) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the City Council finds that entering into an Interlocal Agreement (ILA) for this purpose will improve flood risk reduction and floodplain restoration actions across the confluence of the Naches River and Cowiche Creek with such actions that include longer-span bridges, levee setbacks, channel and floodplain restoration work, and the removal of irrigation diversion structures, pipelines, and canals; and WHEREAS, the parties have negotiated the terms of an agreement that outlines the respective responsibilities for funding, administration, and maintenance of said Interlocal Agreement; and City Council finds and determines that adoption of this resolution is in the public interest; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: SECTION 1: The City Manager is hereby authorized and directed to execute, on behalf of the City of Yakima, an Interlocal Agreement with Yakima County and WSDOT, within the project area attached hereto as "Exhibit A." SECTION 2: The City Manager and designated City staff are authorized to take all necessary administrative actions to implement the terms of the agreement. SECTION 3: In accordance with RCW 39.34.040, a copy of the executed agreement shall be filed with the Yakima County Auditor or listed by subject on the City's website prior to its entry into force. SECTION 4: This resolution shall be in full force and effective immediately upon its passage and renewal. ADOPTED BY THE CITY COUNCIL on this 19th day of May, 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, City Clerk 86 Interlocal Agreement Between Yakima County,the City of Yakima,and the Washington State Department of Transportation for the Naches-Cowiche Confluence Complex Project This Agreement is made and entered into between the City of Yakima, hereinafter the "City," Yakima County, hereinafter the "County", and The Washington Department of Transportation, hereinafter "WSDOT". The City, County and WSDOT are sometimes hereinafter referred to individually as a "Party" and collectively as the"Parties." Recitals 1. The confluence of the Naches River and Cowiche Creek contains significant public infrastructure necessary for the operations of the Parties and other local governments, private entities, and residents. This includes federal and state highways; local roads, bridges, and recreational pathways;irrigation diversions,pipelines and canal systems;communications networks and power lines; stormwater facilities; municipal water and wastewater utilities; and flood levees and flood control structures. 2. This infrastructure is located within or adjacent to the dynamic natural system of the Naches River- Cowiche Creek confluence which includes floodplains, riparian areas, fish and wildlife habitats, and wetlands. These areas are valuable and sensitive resources that provide important public benefits that also need protection, conservation,and enhancement. 3. The Parties recognize that the current configuration and combination of infrastructure increases the risk of flooding to City and County residents,and that reducing short-term and long-term flood risk to said infrastructure and residents requires a coordinated, multi-agency effort based on an improved understanding of natural floodplain processes and a continued emphasis on the need for restoration of floodplain functions and improved habitats for native threatened and endangered species. 4. The Parties are committed to integrated floodplain management of the entire Naches-Cowiche confluence, and that commitment has resulted in cooperative Agreement GCB 2981 between WSDOT and the City to address roles and responsibilities for potential future flood fighting efforts on Cowiche Creek at HWY 12 and the 40th Avenue/Fruitvale Boulevard interchange. 5. The City and County have entered into an ILA (BOCC346-2018) regarding the implementation of the Nelson Dam replacement project located at the upstream end of the Naches-Cowiche confluence which includes the consolidation of four separate irrigation diversions (Naches- Cowiche, Old Union, Fruitvale, and the City's General Diversion) and enables certain flood risk reduction and habitat restoration work across the confluence. The Nelson Dam project will improve sediment transport continuity on this reach of Naches River and includes the design and construction of a new conveyance pipeline that will cross Cowiche Creek on the south side of the HWY 12 bridge. 6. The City,County and WSDOT have entered into an ILA(BOCC 154-2020/BOCC 445-2023)regarding the acquisition, design and permitting for the Naches-Cowiche Flood Risk Reduction project 87 located at the intersection of Cowiche Creek and HWY 12. I his project acquired parcels for future flood risk reduction and habitat improvement downstream of HWY 12 as well as designed and permitted a levee setback and canal improvements while coordinating future HWY 12 bridge replacement and the Nelson Dam Phase 2 pipeline the City is implementing at the same time. Together these interrelated actions will reduce flood risk to the City of Yakima by updating critical infrastructure and expanding the floodplain while increasing floodplain habitat for critical populations of salmonids. 7. The County secured grant funding for the acquisition, preliminary design, and permitting phases of the Project from the Washington State Department of Ecology through the habitat enhancement program of the Yakima Basin Integrated Plan (YBIP) (WRYBIP-2019-YaCoPS-00006, Expired).The County also secured initial construction-phase funding through a competitive grant awarded through the Floodplains by Design (FbD) program (SEAFBD-2019-YaCoPS-00050, extended through June 30th, 2027). 8. The County purchased parcels 181309-41008, 181309-41009, 181310-32002 and 181310-32004 for multiple purposes, including implementation of flood risk reduction and habitat restoration. Since purchase, the County has entered into Land Lease Agreements with Fuller Orchards for continued agricultural use by private party. The latest Land Lease Agreement, BOCC 006-2025 permits continued use by Fuller Orchards through December 31, 2025, and does allow right of entry by County for viewing, surveying, holding meetings,site investigations, and other purposes outlined in Section 10 of said Agreement. 9. Building on the initial coordination from the Naches — Cowiche Flood Risk Reduction and Floodplain Restoration project the County secured funding for the demolition of the Old Union and Fruitvale canals as well as lower confluence floodplain restoration work. Funding for this phase of the Project comes from the Washington State Department of Ecology through the habitat enhancement program of the Yakima Basin Integrated Plan and through the United States Department of the Interior through the Bureau of Reclamation WaterSMART Aquatic Ecosystem Restoration Program. Now, Therefore, pursuant to the legal authority provided by the Interlocal Cooperation Act, codified at Title 39,Chapter 34 of the Revised Code of Washington State(RCW 39.34),and for the purpose of defining the responsibilities and duties of the Parties for the implementation of the Project,the above recitals are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and performances contained herein, and Exhibit A (Map), Exhibit B (WRYBIP-2325-YaCoPS-00071), Exhibit C (USBR R25AP00152), and Exhibit D ((USBR XXXXXXXX), Grant has been awarded but funding has not, the grant agreement will be attached once funding agreement is finalized)attached hereto and made a part hereof, It is mutually agreed as follows: 1. Purpose The purpose of this Agreement is to coordinate the design, implementation, and funding for a series of interrelated flood risk reduction and floodplain restoration actions across the confluence of the Naches River and Cowiche Creek within the Project area as shown in Exhibit A.These actions will include longer- 88 span bridges, levee setbacks, channel and floodplain restoration work, and the removal of irrigation diversion structures, pipelines, and canals.This Agreement defines the responsibilities and duties of the Parties within the scope of the Project as defined in the three respective grant agreements(Exhibit B, Exhibit C,and Exhibit D) including the completion of grant administrative tasks and the preparation of grant deliverables.This Agreement sets expectations for coordination efforts during the Project as well as the initially anticipated future ownership and maintenance of acquired lands and constructed works. Amendments and extensions to this Agreement may be appropriate as designs are advanced or as additional funding is secured. 2. Duration This Agreement shall be effective from the last date of signature below and shall terminate on December 31, 2030, unless modified by the Parties pursuant to this Agreement. 3. Mutual Responsibilities Each Party agrees to work in good faith with all the other Parties towards the successful implementation of the Project for the benefit of all Parties and the public. 4. County Responsibilities A. The County will be the lead agency for this Project and will provide administrative management, coordination, and accounting for the WaterSMART AERP grants and the YBIP grant.This includes all grant invoicing, progress reports, Project documentation, finalization and transmittal of grant deliverables, and grant closeout activities. B. The County will conduct a variety of site investigations (surveying, wetland delineations, historic and cultural resource assessments, hydraulic modeling, etc.) needed to inform the preliminary design and environmental permitting efforts for the Project. When these investigations relate to property or infrastructure managed by the City or WSDOT, the County will provide a draft of the consultant scope of work to the City and WSDOT for review and comment prior to contract execution.The County will also provide the City and WSDOT as appropriate, with a draft copy of consultant reports for comment before the reports are finalized. C. The County will lead the design, permitting, and stakeholder coordination efforts required for successful implementation of the scope of work as described in the WaterSMART AERP and YBIP grant agreements. This Project includes the restoration of approximately 155 acres of floodplain north of HWY 12, topographic restoration of 42 acres of orchard, removal of existing irrigation diversions and infrastructure revegetation of 20 acres of former orchard, 11 acres of riparian plantings,creation of 4 acres of new riparian habitat,and the creation of approximately 2 miles of side channel for the benefit of salmonids and bull trout. D. The County will prepare a basis of design report to accompany preliminary design plans and to support environmental permitting applications for County-led design measures. The County will act as the lead agency for SEPA and other local permits where applicable. The County will work with the City and WSDOT to determine and coordinate with the appropriate Federal lead(s) as 89 applicable for specific portions of the work. The City will provide bridge design and analysis information required by NEPA for the County to lead the state, local and federal planning process. The City will also obtain construction permits once funded.The County will compile bridge design and analysis information and reports generated by the City that meets all requirements for local, state and federal permitting. E. The County has developed and has been implementing an interim riparian vegetation maintenance plan for Project properties within the Naches-Cowiche confluence to support existing native plant vitality and to discourage the establishment of noxious or invasive weeds. Implementation efforts will be conducted through stewardship agreements with the North Yakima Conservation District (NYCD) or local contractors and may include mowing, weed removal, and herbicide applications. It is anticipated that these activities could occur on City or County property within the confluence depending on site vegetation conditions, restoration priorities, and the available funding. F. The County will prepare final construction-ready design plans, specifications and probable construction costs and quantities suitable for a bid package related to the County-led design work. G. The County will construct the floodplain restoration Project elements in the Cowiche Creek confluence as detailed in the grant scope of works. H. All construction work inside WSDOT right of way or attached to WSDOT infrastructure performed by Parties or any of its contractors pursuant to this Agreement will be performed in accordance with all of the terms and conditions of WSDOT's most current Standard Specifications for Road, Bridge and Municipal Construction M41-10, together with any applicable general special provisions. 5.City Responsibilities a. The City will work diligently towards securing construction phase funding for City portions of the Project as applicable (e.g. a new Powerhouse Road Bridge). The City will work in good faith to provide formal letters of support to corresponding County efforts to secure construction funding. b. The City will provide County and WSDOT staff,consultants,and contractors with reasonable access to City properties and facilities related to the Project.The City will provide landowner consent and acknowledgement forms as needed to support Project permitting. c. The City will provide the appropriate technical and operational staff for participation in planning, design,and permitting meetings for the Project to ensure concepts,designs,and permitting efforts are consistent with City infrastructure needs and other City requirements, programs, and plans. This includes the preparation of technical performance data for City infrastructure and facilities, input into contractor/consultant evaluations,and coordination meetings with regulatory agencies. 90 d. The City will provide existing conditions information, operational requirements, technical design criteria,and the appropriate staff for coordination related to the companion Nelson Dam Phase 2 project to County and WSDOT staff as appropriate so that the. Parties' overlapping future infrastructure elements across the confluence are compatible and facilitate cost-effective planning, design, and permitting efforts. e. The City will provide for timely review and comment on the draft Project documents prepared by the County or consultants working on the Project. f. The City will continue to maintain the existing right bank levee on Cowiche Creek until the setback levee is complete and accepted by the Corps in the PL 84-99 program. The City will assume all levee management and maintenance responsibilities for the setback levee when the County accepts the contract for the construction of the setback as complete. g. The City will complete the construction of the Nelson Phase 2 pipeline as funding allows and as scoped in the USBR Construction grant. h. The City will provide to the County,through contracting their design consultant and construction contractor,the ability to perform the Nelson Phase 2 pipeline in conformance with the grant and stakeholder directions as provided in the 2017 NHC Nelson Bypass Channel Design Project, Physical Modeling and the 2017 HDR Preliminary Design Report and HDR final design plans and specifications. Such services will be reimbursed by the County monthly invoicing and reporting and will draw from USBR grant XXXXXXXX with a budget of $5,270,218, when funding is made available. i. The City will provide to the County, through contracting of their design consultant, the ability to perform the Powerhouse Road Bridge design in coordination with the Levee setback project and the HWY 12 bridge design and Cowiche Creek channel redesign.This action will conform with the USBR Design grant and scope of work,and Powerhouse Road Hydraulic Sizing Memo.Such services will be reimbursed by the County monthly invoicing and reporting and will draw from USBR grant R25A000125 with a budget of$684,998. j. The City will provide bridge design and analysis information required by NEPA for the County to lead the state, local and federal planning process.The City will obtain construction permits once funded. k. The City's consultants and/or subconsultants will utilize OFM per diem rates for any travel expenses, if reimbursement is sought by the City. I. The City will submit to the County for reimbursement by monthly invoicing and reporting that will draw from the USBR WaterSMART grants R25AP00125 and XXXXXXXX until such funds are exhausted or the grant defined work is complete. Any funds required to complete the City's work/deliverable after grant funding has run out are the responsibility of the City. 91 6.WSDOT Responsibilities a. When appropriate, WSDOT will, in its sole discretion, provide formal letters of support to corresponding County and City efforts, provided that such letters do not conflict with WSDOT statewide asset management prioritization and programming. b. WSDOT will provide, where it deems appropriate, consent and acknowledgement of the Project on forms including but not limited to JARPA, and other environmental permit applications that require WSDOT's acknowledgment as the landowner. c. WSDOT will provide the appropriate technical and operational staff for participation in planning, design,and permitting meetings for the Project to ensure concepts,designs,and permitting efforts are consistent with WSDOT infrastructure needs and other WSDOT requirements, programs, and plans. d. WSDOT recognizes that HWY 12 and the Cowiche Creek bridge crossing require modifications or improvements to meet the overall objectives of reducing flood risk and flooding from Cowiche Creek eastward towards the City of Yakima. WSDOT will work diligently to make the highway bridge modifications to achieve these goals. e. WSDOT will provide the appropriate real estate specialists to work with the County and City to develop appropriate interim access provisions for design and permitting and construction,as well as perpetual easement agreements where the setback levee will connect to the south side of the HWY 12 roadway. Easement agreements will be compliant with FEMA levee accreditation requirements. f. WSDOT agrees that the intent is to design the setback levee with a turnaround and a primary access route via Powerhouse Road for monitoring and levee maintenance actions, however the easement will also need to include provisions for a right turn out onto HWY 12 eastbound. g. WSDOT agrees that the intent is to design a park in the Cowiche Creek/Naches River confluence which will require access via Clover Lane.This action may require modifications or improvements to the HWY 12/Clover Lane intersection to preserve the safety and efficiency of the highway. h. WSDOT will work with the City on their Nelson Phase 2 pipeline portion of the Project where it intersects HWY 12 and provide guidance on required vegetation mitigation in the disturbed areas of the WSDOT Right of Way. 7. Financing Financing of the joint undertakings is outlined in Exhibits B &C, and the implementation of those grants as outlined above. 92 8.Right of Entry The Parties hereby grant and convey to each other the right of entry upon all land which the Parties have interest, for the purpose of performing the preliminary and final engineering design and environmental permitting for this Agreement, subject to any required permitting necessitated by the work. Parties will cooperate in good faith and agree to take further action and execute those access documents, whether jointly or within their respective powers and authority, as may be reasonably necessary to implement construction actions under this Agreement. 9.Legal Relations No liability shall attach to any of the Parties by reason of entering into this Agreement except as expressly provided herein. 10.Amendment This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 11.Termination No Party shall terminate this Agreement unless agreed to in writing by the other Parties;and only following negotiations and agreement for the completion or removal of any portion of the construction or the Project that has already commenced. The City, the County and WSDOT acknowledge that each will be benefited in the completion of the entire Project and early termination will result in consequential damages to the non-terminating Parties and the respective communities that are to be benefited by the Project. Such damages or claims will be the responsibility of the terminating Party. The terms of this section shall survive any expiration or termination of this Agreement. 12. Independent Contractor Each Party shall be deemed an independent contractor for all purposes, and the employees of each Party or any of its contractors,subcontractors,consultants,and the employees thereof,shall not in any manner be deemed to be employees of any other Party. 13. Indemnification a. Each Party to this Agreement will protect,defend, indemnify,and save harmless the other Party or Parties, their officers, officials, employees, and agents, while acting within the scope of their employment as such,from any and all costs(including attorneys'fees), claims,judgments,and/or awards of damages (both to persons and property), arising out of, or in any way resulting from, each Party's negligent acts or omissions with respect to the provisions of this Agreement. No Party will be required to indemnify, defend, or save harmless another Party if the claim, suit, or action for injuries,death,or damages (both to persons and property) is caused by the sole negligence of that Party. Where such claims, suits, or actions result from the concurrent negligence of Parties, their agents, officials or employees, and/or involve those actions covered by RCW 4.24.115,the indemnity provisions provided herein will be valid and enforceable only to the extent of the negligence of each Party, its agents,officials or employees. 93 b.The Parties agree that their obligations under this section extend to any claim,demand, and/or cause of action brought by,or on behalf of,any of their officers,officials,employees or agents. For this purpose only, the Parties, by mutual negotiation, hereby waive, with respect to each other only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 14. Disputes The Parties shall attempt to settle any disputes regarding this Agreement first through mediation or other agreed-upon alternative dispute resolution. An attempt at such alternative dispute resolution shall be a prerequisite to the filing of any litigation concerning the dispute. The Parties shall equally share in the costs of the alternative dispute resolution process but shall be responsible for their own attorneys'fees and costs. 15.Governing Law and Venue This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington. In the event that any Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement,the Parties agree that any such action or proceedings shall be brought in the Yakima County Superior Court unless filing in another County is required under any provision of the Revised Code of Washington. Further,the Parties agree that each will be responsible for its own attorney's fees,witness fees,and costs. 16.Audits/Records During the progress of the Work and for a period of not less than six (6) years from the date of final payment, both Parties shall maintain the records and accounts pertaining to the Work and shall make them available during normal business hours and as often as necessary, for inspection and audit by the other Party,Washington State,and/or Federal Government. Copies of all records,accounts,documents or other data pertaining to the Work will be furnished upon request.The requesting Party shall pay the cost of copies produced. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until any litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the six-year retention period. The records relating to this Agreement shall,at all times, be subject to inspection by and with the approval of any Party, but the making of(or failure or delay in making)such inspection or approval shall not relieve a Party of responsibility for performance of the terms of this Agreement, notwithstanding the Party's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Parties shall provide any other Party sufficient, safe, and proper facilities, and/or send copies of the requested documents to the requesting Party. Records relating to this Agreement will be provided to any requesting Party. Parties shall promptly furnish a requesting Party with such information and records which are related to this Agreement. Until the expiration of six(6)years after the termination of this Agreement,or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Parties shall retain and provide any requesting Party access to all records which are related to this Agreement. 94 All records relating to this Agreement must be made available to any requesting Party. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to this Agreement must be retained by the Parties for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. The terms of this section shall survive any expiration or termination of this Agreement. 17.Term of Agreement Unless otherwise provided herein, the term of this Agreement shall commence as of the date this Agreement is fully executed and shall remain in effect in December 31,2030,unless otherwise terminated or amended. 18.Administration of Agreement This Agreement shall be jointly administered, with each Party to the Agreement represented in the administration hereof. The Parties will jointly administer the acquiring, holding and disposing of real property used in the cooperative undertaking as outlined herein, but the Parties,jointly,shall not acquire, hold or dispose of real or personal property as part of this Agreement. This Agreement shall be either filed with the Yakima County Auditor or placed on each Party's website pursuant to RCW 39.34.040. 19.Assignment No Party to this Agreement shall transfer or assign any right or obligation hereunder without the prior written consent of all the Parties. 20. No Legal Entities Created No separate legal entity or entities are contemplated to be created as part of this Agreement. 21.Assurances The Parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, state,and local laws, rules, and regulations as they currently exist or as amended. 22.Waiver A failure by a Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by personnel authorized to bind each of the Parties. 23.Severability If any term or condition of this Agreement is held invalid,such invalidity shall not affect the validity of the other terms or conditions of this Agreement. 95 24.All Writings Contained Herein This Agreement contains all the terms and conditions agreed upon by the Parties. No other understanding,oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 96 Agreement Number CITY OF YAKIMA Victoria Baker, City Manager DATED: ATTEST: Rosalinda Ibarra City Clerk 97 Agreement Number BOARD OF COUNTY COMMISSIONERS Kyle Curtis, Chair La Don 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: Deputy Prosecuting Attorney 98 Agreement Number WASHINGTON STATE DEPARTMENT OF TRANSPORTATION W Brian White, P.E. SCR Regional Administrator Dated: Approved as to Form Only: Assistant Attorney General Dated: 99 Exhibit A t.•U4dl t,.r.. '"iN'i iil' ' 4 V y r 4 -"-' Vol..... "� - A, Water Resources Division 1 r ; �" . :, ` r: I Project Title: illo . 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