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HomeMy WebLinkAboutR-2010-031 Nelson Dam Irrigation Diversion/Fish Screen - MOA with Bureau of Reclamation [Memorandum of Agreement]RESOLUTION NO. R-2010-31 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a memorandum of agreement with the United States Department of the Interior, Bureau of Reclamation, Pacific Northwest Region, to complete the design of a fish screen to meet the water demands of the City of Yakima, Naches-Cowiche, Fruitvale and Old Union irrigation canals. WHEREAS, the City of Yakima, the North Yakima Conservation District (NYCD), the Washington Department of Fish and Wildlife (WDFW) and the Bureau of Reclamation ("Reclamation") desire to enter into a partnership to complete the design of a fish screen to meet the water demands of the City of Yakima, Naches-Cowiche, Fruitvale and Old Union irrigation canals; WHEREAS, the objectives of the design are to provide enough water to meet the demands of all four irrigation canals; ensure a river bypass for fish; reduce gravel from collecting upstream of the Nelson Diversion Dam, thereby enhancing sufficient water for the diversion; and to develop other infrastructure related to the proper functioning of the fish screen and diversion; WHEREAS, the City has agreed to contribute up to $75,000 for the design, the WDFW has agreed to contribute up to $50,000, the NYCD has agreed to contribute up to $50,000 and Reclamation has agreed to contribute $100,000, ; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is herby authorized and directed to execute the attached "Memorandum of Agreement No. R10MR1C706 Between United States Of America, Department of The Interior, Bureau of Reclamation, Columbia -Cascades Area Office And The City Of Yakima" for the design of a fish screen to meet the water demands of the City, Naches- Cowiche, Fruitvale and Old Union irrigation canals. ADOPTED BY THE CITY COUNCIL this 2nd day of March, 2010. ATTEST: Micah Cawley, M.yor ,(41L6,„,.1.) City Cler 2a/O-3! MEMORANDUM OF AGREEMENT No. R10MR1C706 BETWEEN UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION COLUMBIA -CASCADES AREA OFFICE AND THE CITY OF YAKIMA This Memorandum of Agreement (MOA) between the United States Department of the Interior, Bureau of Reclamation, Pacific Northwest Region, Columbia -Cascades Area Office (Reclamation), and the City of Yakima (The City), is made pursuant to the Reclamation Act of June 17, 1902 (32 Stat. 388, 43 U.S.0 391), and acts amendatory thereof and supplementary thereto; Public Law 93-205, Endangered Species Act of 1973; and the Contributed Funds Act of March 4, 1921, (41 Stat. 1404). 1. Background The City, North Yakima Conservation District (NYCD), Washington Department of Fish and Wildlife (WDFW), and Reclamation (henceforth referred to as the Partners) are entering into a partnership to complete the Naches. River at Nelson Dam Fish Screen and Diversion Design project to protect fish while not diminishing water entitlements of the City of Yakima, Naches-Cowiche, Fruitvale, and Old Union irrigation canals. Reclamation owns the City of Yakima fish screens and is responsible for the operation and maintenance of the fish screen. The Bonneville Power Administration (BPA) owns the Naches-Cowiche, Fruitvale, and Old Union fish screens and provides funding to Reclamation and WDFW to perform operation and maintenance of those sites. The City of Yakima fish screen bypass outfall is located 5 feet from the BPA -owned Naches-Cowiche fish screen bypass outfall. Both of these fish bypass outfalls are equally affected by gravel inundation and so Reclamation and The City are interested in redesigning the fish screen and diversion to solve the problem. The City operates and maintains the City of Yakima headgate and canal and can use a portion of the water it diverts for the Fruitvale diversion. The NYCD and WDFW are working towards improving conditions for aquatic resources in the Naches River and Cowiche Creek. The Fruitvale and Old Union diversions, if combined and relocated to this new fish screen at the Nelson Dam site, will help the NYCD and WDFW reach their habitat restoration goals in Cowiche Creek. Each entity entering into this partnership will sign a separate document with Reclamation to validate this agreement. The objectives of this design are to: • Provide enough water to meet the demands of all four irrigation canals. • Provide a fish bypass that is no longer subject to inundation by gravel. • Provide a means to keep gravel from depositing upstream of the Nelson Diversion Dam and thereby hindering the ability of the diversion to receive sufficient water. • Provide other infrastructure related to proper function of the fish screen and diversion. If design results show that all the water demand can not be met with this facility, the Partners will determine changes in scope to meet the majority of these objectives. Reclamation estimates that the design will cost approximately $250,000 to complete using a private architectural & engineering contractor. The City has agreed to contribute up to $75,000, the WDFW has agreed to contribute up to $50,000, the NYCD has agreed to contribute up to $50,000, and Reclamation has 1 Agreement No: R10MR1C706 agreed to contribute $75,000 toward the cost of the design and $25,000 toward the contract administration and design review costs. Approximately $70,000 of the Reclamation funds come from the BPA through the Phase II fish screen O&M contract. 2. Objective This MOA identifies the roles and responsibilities and provides the funding arrangement for completing the design and implementation of a fish screen to replace the City of Yakima, Naches-Cowiche, Fruitvale, and Old Union fish screens to address the dysfunctional fish bypasses at the City of Yakima and Naches-Cowiche fish screens and to make redundant the Fruitvale and Old Union fish screens so that they may be removed from Cowiche Creek. Seventy percent of the costs related to producing the design will be provided by The City, Washington Department of Fish and Wildlife and North Yakima Conservation District thru separate reimbursable agreements with Reclamation. This agreement describes the effort and fiinding arrangement between Reclamation and The City. 3. Implementing Actions a. Reclamation will: (1) Use funds provided through this MOA to use existing Indefinite Delivery Indefinite Quantity (IDIQ) contractor(s) as selected under Reclamation's IDIQ contracting process to produce the fish screen design; (2) Provide contract administrative responsibilities, including but not limited to: preparation of the necessary Scope of Work (SOW) provided in Attachment 1, and preparation of independent cost estimates, task orders, and bid solicitation; oversight of contractor performance; and review of invoices submitted for payment; (3) Give The City copies of all documents prepared by the contractor for review and comment; (4) Track and account for actual costs and services provided under the terms of this MOA; and provide The City cost billings once per quarter until the design is complete. These cost billings shall include itemized costs for all work performed and materials used in performing Reclamation's obligations under this MOA; and (5) Diligently search for funding to implement the design that is produced from this contract. Funding for implementation is not acquired as of now, but every effort will be made to acquire funding for this project through Reclamation appropriated funds, cost share funds, or other sources. b. The City will: (1) Provide funds to Reclamation in the amount up to $75,000 as described in Section 4.b of this MOA to complete the design. (2) Review all documents prepared by the contractor and provide comments back to Reclamation within 20 -days of receiving the documents. Agreement No: R I OMR I C706 2 (3) Diligently search for funding to implement the design that is produced from this contract. Funding for implementation is not acquired as of now, but every effort will be made to acquire funding for this project through any source possible. (4) Meet quarterly with the Partners, or as needed, to discuss status of the design, review ensuing task orders, assess funding, and review project accomplishment. (5) Coordinate, as needed, for any required modifications to the SOW. (6) Coordinate on press releases and Internet agency sites on web postings related to this design. 4. Budget and Method of Payment a. Authority. Reclamation may receive — and may expend funds received — for investigations and other work involving operations similar to those provided for by Reclamation law pursuant to the Contributed Funds Act of 1921, 43 U.S.0 395. b. Advance Payment for Services. The City agrees to contribute funds up to $75,000 to Reclamation for the Naches River at Nelson Dam Fish Screen and Diversion Design. Upon execution of this MOA, The City agrees to provide Reclamation an initial advance payment in the amount of 50 percent of the pledged amount listed above to begin the preliminary set of tasks outlined in the SOW. Once Reclamation has spent 75 percent of the advanced funds, Reclamation will notify The City, and The City agrees to provide additional funding in advance of Reclamation's continued performance of the tasks identified in the SOW. Reclamation will not incur costs in excess of the amount contributed by the Partners, plus the $100,000 in Reclamation funds. As funds in the reimbursable project accounts get low, Reclamation will cease work to the extent possible and notify the Partners of the deficiency. Reclamation will not resume activities under this MOA until there are sufficient funds in Reclamation's reimbursable project account. In the event that this MOA is terminated by any party, the Partners will be responsible for costs incurred by Reclamation for all activities that Reclamation is unable to cancel after reasonable diligence. c. Separate Account. Reclamation shall deposit funds contributed by The City into a reimbursable project account for use on the design. Reclamation shall at all times hold The City funds separate from all other funds and shall not commingle said funds with any other funds. d. Application of Contributed Funds. Reclamation will use the funds contributed by The City to cover costs incurred by Reclamation in performing the objectives described under Section 3.a. of this MOA. e. Return of Unexpended Funds. Reclamation shall return all unexpended funds to The City within 60 days after the completion or termination of this MOA. Unexpended funds will be returned to The City by electronic funds transfer (EFT) unless The City qualifies for exemption from this payment method. Reclamation uses the Automated Clearinghouse (ACH) Vendor Express payment system for EFT. Vendor Express allows the Government to transfer funds to The City's financial institution along with explanatory information regarding the payment. The form required to implement the Vendor Express system is the SF -3881, ACH Vendor/Miscellaneous Payment Enrollment Form. If necessary, Reclamation shall send the SF -3881 3 Agreement No: RIOMR 1C706 to the City of Yakima principal contact listed in Section 8 to gather the financial institution and bank account information. f. Address to Send Payments to Reclamation. The City shall make all payments payable to Bureau of Reclamation. Upon receipt of a Bill for Collection, The City shall remit all payments to Reclamation's lockbox at: Bureau of Reclamation PN Region: Pacific Northwest PO Box 894240 Los Angeles, CA 90189-4240 To ensure proper crediting, The City needs to include Reclamation's Agreement No: R10 MR IC 706 on the detachable portion of the Bill for Collection with their payment. g. Addresses to Send Bills and Documentation Bills, documents, and correspondence associated with this MOA shall be directed to: City of Yakima Water/Irrigation Division 2301 Fruitvale Blvd. Yakima, WA 98902 ATTN: Dave Brown Reclamation will send the bill for design services to the principal contact for The City as shown below in Section 8. The City will send correspondence (but not payments) related to this MOA to the principal contact for Reclamation shown below in Section 8. 5. Term of the MOA This MOA shall become effective on the date of last signature hereto and shall remain in effect until the design is complete, unless terminated sooner as provided in Section 6. 6. Termination Either Reclamation or The City may terminate its obligations and duties under this MOA at any time upon sixty (60) days written notice to the other party. All duties and obligations of the parties under this MOA shall cease at that time except as the MOA provisions relate to outstanding accounting and reimbursement of the parties' expenses. In the event of termination by any party, The City shall reimburse Reclamation their proportionate share of the project for the cost of all work that Reclamation through reasonable diligence is unable to cancel, and for all costs obligated or incurred up to and including the date of termination. 7. Modifications Either Reclamation or The City may formally request modification of this MOA. Modifications shall be made by mutual consent of Reclamation and The City by the issuance of a written modification, signed and dated by both parties prior to any changes being performed. Agreement No: RIOMR1C706 4 In the event there are changes or additional work which cause an increase or decrease in the cost of performing the services, an equitable adjustment in the compensation and the time of performance shall be made. The parties hereby agree that no cost modifications to the SOW can be approved by the principal contacts below without modifying the MOA. 8. Principal Contacts The principal contacts for this MOA are: Reclamation Scott Kline 1917 Marsh Road Yakima, WA 98901 Phone: 509-575-5848 ext 277 skline(wusbr.gov 9. General Provisions The City Dave Brown 2301 Fruitvale Boulevard Yakima, WA 98902 Phone: 509-575-6204 dbrownaaci. yakima.wa.us a. Nothing herein shall be construed to obligate Reclamation to expend or involve the United`States of America in any contract or other obligation for the future payment of money in excess of the appropriations authorized by law and administratively allocated for the purposes and projects contemplated hereunder. b. No member of or delegate to Congress, or resident Commissioner, shall be admitted to any share or to be part of the Memorandum of Agreement or to receive any benefit that may arise out of it other than as a water user or landowner in the same manner as other water user or landowner. c. Any information furnished to Reclamation, under this MOA, is subject to the Freedom of Information Act (5 U.S.C. 552). d. All parties to this MOA agree to comply with all Federal statutes relating to nondiscrimination, including but not limited to: Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, religion, sex, or national origin; Title IX of the Education amendments of 1972, as amended, which prohibits discrimination of the basis of sex; the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended, which prohibit discrimination on the basis of disability; the Age Discrimination in Employment Act of 1967, as amended, which prohibits discrimination based on age against those who are at least 40 years of age; and the Equal Pay Act of 1963. 5 Agreement No: RIOMRIC706 10. Signatures IN WITNESS WHEREOF, the parties hereto have executed this MOA as of the last date written below. UNITED STATES OF AMERICA, BUREAU OF RECLAMATION William Gray, Area Manager Columbia -Cascades Area Office CITY OF YAKIMA R. A. Zais Jr, Ci nager Attest for Mr. Zais Deborah Kloster, City Cler City Contract No. 2010- 4/ Resolution No. R-2010-0 Agreement No: RIOMR 1C706 6 Da e • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 5 For Meeting of March 2, 2010 ITEM TITLE: Consideration of a Resolution authorizing execution of a Memorandum of Agreement between the Bureau of Reclamation and the City of Yakima to improve fish passage associated with irrigation diversions at Nelson Dam SUBMITTED BY: Dave Zabell, Assistant City Manager Dave Brown, Water/Irrigation Manager CONTACT PERSON/TELEPHONE: Dave Brown/ 575-6204 SUMMARY EXPLANATION: The City and the Bureau desire to enter into a partnership to complete the design of a fish screen associated with the irrigation diversions at Nelson Dam to meet the water demands of the City of Yakima, Naches-Cowiche, Fruitvale, and Old Union irrigation canals. The objectives of this design are to: • Provide sufficient water to meet the demands of all four irrigation canals. • Improve the fish bypass system for the dam. • Provide a means to keep gravel from depositing upstream of the Nelson Diversion Dam and thereby hindering the ability of the diversion to receive sufficient water. • Provide other infrastructure related to proper function of the fish screen and diversion Cost not to exceed $75,000.00 (Continued) Resolution X Ordinance Contract Other Memorandum of Understanding Contract Mail to (name and address): Scott Kline, 1917 Marsh Road, Yakima, WA 98902 Phone: 509-575-5848 ext. 277 Funding Source 457 Water Improvement Fund APPROVED FOR SUBMITTAL:��o City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the subject MOA. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: • Allow for the relocation of the Fruitvale Canal and Old Union Ditch diversions to the Nelson Dam. • Enhance opportunities for habitat restoration on the Naches River and Cowiche Creek. • Provide a method to expand the floodway where portions of the Gleed area may be removed from the 100 year flood plain. The City has worked toward these goals and objectives for a number of years. The process was initiated during restoration efforts from the 1996-1997 floods. Several partnerships have been developed to advance this goal. Partnerships with the Washington Department of Transportation and Yakima County provided for the decommissioning of the Ranney Well, road protection and restoration at 16th Ave. and Highway 12, and some habitat restorations near the Ranney Well and the Fruitvale diversion. Due to droughts over the years, moving the Fruitvale Canal diversion to the Nelson Dam has been a desire since there has been inadequate water in the canal to meet irrigation demands. Some infrastructure is already in place to accommodate this move. Separate agreements with North Yakima Conservation District (NYCD) and Washington Department of Fish and Wildlife (WDFW) will also contribute to the cost of the fish screen design. •