HomeMy WebLinkAbout11/21/2023 07.N. Resolution to amend an Interlocal Agreement between the Washington State Department of Transportation, Yakima County, and the City of Yakima for the Naches-Cowiche Flood RiskReduction and Floodplain Restoration Project 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.N.
For Meeting of: November 21, 2023
ITEM TITLE: Resolution to amend an Interlocal Agreement between the
Washington State Department of Transportation, Yakima County,
and the City of Yakima for the Naches-Cowiche Flood Risk
Reduction and Floodplain Restoration Project
SUBMITTED BY: Scott Schafer- Public Works Director
*Mike Shane -Water/Irrigation Manager(509)576-6480
SUMMARY EXPLANATION:
On August 25, 2020, the Parties entered into an I nterlocal Agreement for the Naches-Cowiche
Flood Risk Reduction and Floodplain Restoration Project. The Parties agreed to work
collectively to coordinate the design and implementation of a series of interrelated flood risk
reduction and floodplain restoration actions across the confluence of the Naches River
and Cowiche Creek. The original duration of the Interlocal Agreement was to be through December
31, 2023, however, the grants that were secured for the Floodplains by Design program and for
acquisition, preliminary design, and permitting phases of the Project were amended to extend the
expiration date to December 31, 2025. The Parties have altered the scope of the Interlocal Agreement
with regards to a number of other minor issues and mutually acceptable changes.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
D Resolution Naches-Cowice ILA Amendment 11/6/2023 Resolution
D Naches-Cowiche ILA amendment 11/17/2023 Backup Material
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RESOLUTION NO. R-2023-
A RESOLUTION amending the Interlocal Agreement between the Washington State
Department of Transportation, Yakima County, and the City of Yakima for
the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration
Project
WHEREAS, on or about August 25, 2020, the Parties entered into an Interlocal
Agreement for the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project
(hereinafter referred to as "Interlocal Agreement" or "Agreement"), whereby the Parties agreed
to work collectively to coordinate the design and implementation of a series of interrelated flood
risk reduction and floodplain restoration actions across the confluence of the Naches River and
Cowiche Creek; and
WHEREAS, the original duration of the Interlocal Agreement was to be through
December 31, 2023, however, the grants that were secured for the Floodplains by Design
program and for acquisition, preliminary design, and permitting phases of the Project
(SEAFBD2019-YaCoPS- 00050 and WRYBIP-2019-YaCoPS-00006 respectively) were
amended to extend the expiration date to December 31, 2025; and
WHEREAS, the Parties have altered the scope of the Interlocal Agreement with regards
to a number of issues; and
WHEREAS, the Parties wish to amend certain provisions in the Interlocal Agreement
with regards to scope and the term, and make other mutually acceptable changes; and
WHEREAS, the City Council finds that it is the best interest of the City of Yakima and its
residents to execute the First Amendment to Interlocal Agreement for the Naches-Cowiche
Flood Risk Reduction and Floodplain Restoration Project; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council of the City of Yakima hereby approves the First Amendment to
Interlocal Agreement for the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration
Project. The amendment is attached hereto and fully incorporated herein.
ADOPTED BY THE CITY COUNCIL this 21st day of November, 2023.
Janice Deccio, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
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FIRST AMENDMENT TO INTERLOCAL AGREEMENT
FOR THE
NACHES-COWICHE FLOOD RISK REDUCTION AND FLOODPLAIN RESTORATION
PROJECT
THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT is made and entered
into by and among the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, a
division of the State of Washington ("WSDOT"), YAKIMA COUNTY ("County") and THE CITY OF
YAKIMA, a Washington municipal corporation ("City")(hereinafter collectively referred to as
"Parties").
WHEREAS, on or about August 25, 2020, the Parties entered into an Interlocal Agreement
for the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project (hereinafter
referred to as "Interlocal Agreement" or "Agreement"), whereby the Parties agreed to work
collectively to coordinate the design and implementation of a series of interrelated flood risk
reduction and floodplain restoration actions across the confluence of the Naches River and
Cowiche Creek; and
WHEREAS, the original duration of the Interlocal Agreement was to be through December
31, 2023, however, the grants that were secured for the Floodplains by Design program and for
acquisition, preliminary design, and permitting phases of the Project (SEAFBD-2019-YaCoPS-
00050 and WRYBIP-2019-YaCoPS-00006 respectively) were amended to extend the expiration
date to December 31, 2025; and
WHEREAS, the Parties have altered the scope of the Interlocal Agreement with regards
to a number of issues; and
WHEREAS, the Parties wish to amend certain provisions in the Interlocal Agreement
with regards to scope and the term, and make other mutually acceptable changes; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to enter into the second lease amendment below;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and among all of the Parties as follows:
Section 1. Section 1: Purpose, of the Interlocal Agreement shall be replaced with the
following language:
1. Purpose
The purpose of this Agreement is to coordinate the design and implementation of 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-span bridges, levee setbacks, channel and floodplain restoration work, and
the removal of pipelines and canals. This Agreement defines the responsibilities and duties of
the Parties within the scope of the Project as defined in the two respective grant agreements
(Exhibit B and Exhibit C) including the completion of grant administrative tasks and the
preparation of grant deliverables. This Agreement sets expectations for coordination of efforts
during the Project as well as the initially anticipated future ownership and maintenance of
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acquired lands and constructed works. Amendments and extensions to this Agreement may
be appropriate as designs are advanced or as additional funding is secured.
Section 2. Section 2: Duration, of the Interlocal Agreement shall be replaced with the
following language:
2. Duration
This Agreement shall be effective from the last date of signature below and shall terminate on
December 31, 2025, unless modified by the Parties pursuant to this Agreement.
Section 3. Section 4: County Responsibilities, of the Interlocal Agreement shall be
replaced with the following language:
4. County Responsibilities
a. County will be the lead agency for this Project and will provide the overall administrative
management, coordination, and accounting for the FbD and YBIP grants. This includes
all grant invoicing, progress reports, project documentation, finalization and transmittal of
grant deliverables, and grant closeout activities.
b. County will lead the design, permitting, stakeholder coordination, and land acquisition
efforts required for successful implementation of the scope of work as described in the
FbD and YBIP grant agreements. The County effort includes hydraulic sizing
recommendations for the Powerhouse Road bridge (City) and ongoing coordination
related to the siting and sizing of the future US 12 bridge (WSDOT). County effort
excludes actual site and structural design work for the Powerhouse Road bridge, the US
12 bridge, as well as any land acquisition or land transfers that may be needed for the
future replacement of the bridges.
c. 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 either the City and/or
WSDOT for review and comment prior to contract execution. County will also provide
City and/or WSDOT, as appropriate, with a draft copy of consultant reports for comment
before the reports are finalized.
d. County will prepare a basis of design report to accompany preliminary design plans and
to support environmental permitting applications. 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 applicable
for specific portions of the work.
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e. County will prepare final construction-ready design plans for setback levee on the south
side of Cowiche Creek between US 12 and Powerhouse Road. The levee will be
designed to meet the design standards and freeboard requirements for future
certification by a professional engineer and Federal Emergency Management Agency
(FEMA) accreditation within the flood mapping of the National Flood Insurance Program
(NFIP). The certification and accreditation process are contingent on the construction of
a new US 12 bridge over Cowiche creek and implementation of the other downstream
Project efforts across the Naches-Cowiche confluence. County will provide design/as-
built information to support City efforts to certify the levee for FEMA accreditation.
f. County will coordinate with the City and the United States Army Corps of Engineers
(Corps) during levee design to check that the design will maintain the continued
enrollment eligibility of the levee within the Corps PL84-99 levee rehabilitation program.
g. County will enter into a contract with a qualified general construction contractor for the
construction of the levee setback.
h. County will use YBIP grant funds to negotiate and complete a lot line adjustment
between Assessor's Parcel Number (APN) 181309-41003 (City) and 181309-42010
(Private, Lloyd-Garretson Co.) increasing the size of the City lot by approximately 3.48
acres. County will similarly effectuate a lot line adjustment between 181309-41003 (City)
and 181309-41013 (Yakima Valley Commercial LLC) increasing the size of the City lot
by an additional 0.4 acres. These boundary line changes will provide sufficient space for
the initial construction of the setback levee (County) as well as the area needed for
maintenance of the levee in perpetuity (by the City). Access to the levee from
Powerhouse Road will be through an easement across the unacquired upland remainder
of parcel 181309-42010. Yakima County will pay costs associated with the acquisition of
the access easement and the lot line adjustments, including, but not limited to, the
preparation of the documents, appraisal costs (where applicable), sale prices, excise
tax, recordation fees, and survey costs. The easement and the deeds transferring the
properties will include provisions allowing for the construction of the setback levee by the
Parties (as required by this ILA) and a restriction dedicating the resulting property in
perpetuity to the purposes of flood risk reduction and habitat restoration, while allowing
for recreational uses compatible with those purposes. The deeds will ensure that the
County will retain sufficient real property interest in the enlarged City property allowing
the County to, in consultation with the City, implement floodplain restoration and planting
actions across the resulting City property in association with the Project and afterwards
as future funding allows. The form of all easements and deeds will be acceptable to the
City and the County prior to transfer.
i. Pursuant to the Deed between Squire Ingham, Homer and Sadie Lee, and the City of
Yakima, which conveyed parcel number 181310-32003 to the City, the City will revert
that parcel back to Grantors, or their successors in interest for$1.00. The County will
acquire the Grantors right to this parcel. The County will record a deed restriction
dedicating the property in perpetuity to the purposes of flood risk reduction and habitat
restoration while allowing for recreational uses compatible with those purposes. The
County will be solely responsible for the costs associated with purchasing the parcel and
recording the deed.
j. County will prepare draft outreach materials and press releases that highlight Project
objectives, anticipated benefits, recent progress, and the Parties collaborative approach.
All outreach and press release materials will be provided to the City and WSDOT for
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comment, review, and approval at least 10 business days before distribution or
publication by the Parties. The intent is consistent messaging between Project partners
that tells the story of flood risk reduction, floodplain restoration, and salmon recovery
through cooperative community action.
k. County will develop and implement 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.
I. 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.
Section 4. Section 5: City Responsibilities, of the Interlocal Agreement shall be replaced
with the following:
5. City Responsibilities
a. City will work diligently towards securing construction phase funding for City portions of
the Project as applicable (e.g. a new Powerhouse Road Bridge). When appropriate, the
City will work in good faith to provide formal letters of support to corresponding County
and WSDOT efforts to secure construction funding.
b. City will provide WSDOT and County staff, consultants, and contractors with reasonable
access to City properties and facilities related to the Project. City will provide landowner
consent and acknowledgement forms as needed to support Project permitting.
c. 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.
d. City will provide existing conditions information, operational requirements, technical
design criteria, and the appropriate staff time as necessary to allow the Parties to
develop a coordinated plan for sequencing the construction of future infrastructure (new
bridges, setback levees, etc.) in the vicinity of the City's sedimentation reservoir where it
is immediately adjacent to the existing US 12 bridge over Cowiche Creek.
e. City will provide relevant design and permitting information prepared for the companion
Nelson Dam project to County and WSDOT staff as appropriate so that the Parties
overlapping future infrastructure elements across the confluence are compatible and to
facilitate cost-effective planning, design, and permitting efforts.
f. City will provide for timely review and comment on the draft Project documents prepared
by the County, WSDOT, or consultants working on the Project.
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g. 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. 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.
Section 5. Section 6: WSDOT Responsibilities, of the Interlocal Agreement, shall be
replaced with the following:
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 will provide the appropriate real estate specialists to work with the County 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 US 12 roadway. Easement agreements will be compliant
with FEMA levee accreditation requirements.
e. 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 Highway 12 eastbound.
Section 6. This Interlocal Agreement shall be either recorded with the Yakima County Auditor,
or uploaded to each of the Parties' respective websites pursuant to RCW 39.34.040.
Section 7. Except as expressly modified herein, all other terms and conditions of the original
Interlocal Agreement executed on or about August 25, 2020, shall remain in full force and effect.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this Amendment is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity of the remaining portions of this Amendment or the original Agreement.
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BOARD OF COUNTY COMMISSIONERS CITY OF YAKIMA
LaDon Linde, Chairman Robert Harrison, City Manager
Date:
Amanda McKinney, Commissioner Attest:
Kyle Curtis, Commissioner Rosalinda Ibarra, City Clerk
Dated: Approved as to form:
Attest:
Sara Watkins, City Attorney
Julie Lawrence, Clerk of the Board
Erin Franklin, Deputy Clerk
Approved as to form:
Deputy Prosecuting Attorney
By: (Print Name)
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION
W. Brian White, PE.,
SCR Regional Administrator
Dated:
Approved as to Form Only:
Assistant Attorney General
By: (Print name)
9
BOCC Agreement
Interlocal Agreement for the 15 4 - 2 0 2 0
Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project
Yakima County, WA
This Agreement'is made and entered into between the Washington State Department of Transportation,
hereinafter"WSDOT,"the City of Yakima, hereinafter the "City,"and Yakima County, hereinafter the
"County."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
powerlines;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. Recent updates to the Flood Insurance Rate Map(FIRM)for Cowiche Creek show an expanded
Special Flood Hazard Area (SFHA)that includes flood flow paths into the City of Yakima.
5. The County formed a county wide Flood Control Zone District(FCZD)as a special purpose district
in 1998 to address flood management needs using a comprehensive and integrated approach.
The FCZD can cooperate with other agencies and private entities to mitigate and/or address
flooding problems through activities such as property acquisition,the identification of flood
hazards,comprehensive planning,and the implementation of capital projects.
6. Previous cooperation agreements between the Parties have successfully implemented
collaborative flood risk reduction efforts, conservation measures, land transfers, planning
efforts,and construction projects on this reach of the lower River(e.g.the Lower Naches River
Coordination Partnership Plan,and agreement GCA6132 between the County and WSDOT).
7. The Parties are committed to integrated floodplain management of the entire Naches-Cowiche
confluence and that commitment has resulted in cooperation agreement GCB 2981 between
GCB 3361 Sheet 1 of 10
10
WSDOT and the City to address roles and responsibilities for potential future flood fighting
efforts on Cowiche Creek at US 12 and the 40th Avenue/Fruitvale Boulevard interchange.
8. 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 just upstream of
the US 12 bridge.
9. Building on the findings of the 2018 Cowiche Addendum to the Upper Yakima Comprehensive
Flood Hazard Management Plan(CFHMP) prepared by the FCZD,the Parties developed a scope
of work for a phased project,the Naches-Cowiche Flood Risk Reduction and Floodplain
Restoration Project(hereinafter"Project"), to complete the coordinated permitting and design
of a series of interrelated flood hazard reduction and floodplain and habitat restoration actions.
Flood hazard reduction actions will provide passage of flood flows through the Naches-Cowiche
confluence up to the 1%annual chance event(also referred to as the 100-year event)a key basis
for the National Flood Insurance Program (NFIP)as administered by the Federal Emergency
Management Agency(FEMA). Project actions will include significant modifications to,and
complete replacement/removal of, portions of the Parties infrastructure(bridges, pipelines,
canals, levees,etc.)within the Naches-Cowiche confluence.
10. 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).The County also secured initial construction-phase funding through a competitive grant
awarded through the Floodplains by Design (FbD)program(SEAFBD-2019-YaCoPS-00050).
GCB 3361 Sheet 2 of 10
11
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(YBIP grant),and Exhibit C
(FbD grant),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 and implementation of 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-span bridges, levee setbacks,channel and floodplain restoration work, potable water
supply pipeline modification,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 two respective grant agreements(Exhibit B and Exhibit C) 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, 2023, unless modified by the Parties pursuant to this Agreement.
3. Mutual Responsibilities
a. Each Party agrees to work in good faith with all of the other Parties towards the successful
implementation of the Project for the benefit of all Parties and the general public.
4. County Responsibilities
a. County will be the lead agency for this Project and will provide the overall administrative
management,coordination,and accounting for the FbD and YBIP grants.This includes all grant
invoicing, progress reports,project documentation,finalization and transmittal of grant
deliverables,and grant closeout activities.
b. County will lead the design, permitting,stakeholder coordination,and land acquisition efforts
required for successful implementation of the scope of work as described in the FbD and YBIP
grant agreements.The County effort includes hydraulic sizing recommendations for the
Powerhouse Road bridge(City)and ongoing coordination related to the siting and sizing of the
future US 12 bridge(WSDOT).County effort excludes actual site and structural design work for
the Powerhouse Road bridge,the US 12 bridge,as well as any land acquisition or land transfers
that may be needed for the future replacement of the bridges.
GCB 3361 Sheet 3 of 10
12
c. 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 either the City and/or WSDOT for review and comment prior to
contract execution.County will also provide City and/or WSDOT,as appropriate,with a draft
copy of consultant reports for comment before the reports are finalized.
d. County will prepare a basis of design report to accompany preliminary design plans and to
support environmental permitting applications. 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 applicable for specific
portions of the work.
e. County will prepare final construction-ready design plans for setback levee on the south side of
Cowiche Creek between US 12 and Powerhouse Road.The levee will be designed to meet the
design standards and freeboard requirements for future certification by a professional engineer
and Federal Emergency Management Agency(FEMA)accreditation within the flood mapping of
the National Flood Insurance Program (NFIP). The certification and accreditation process are
contingent on the construction of a new US 12 bridge over Cowiche creek and implementation
of the other downstream Project efforts across the Naches-Cowiche confluence.County will
provide design/as-built information to support City efforts to certify the levee for FEMA
accreditation.
f. County will coordinate with the City and the United States Army Corps of Engineers(Corps)
during levee design to check that the design will maintain the continued enrollment eligibility of
the levee within the Corps PL84-99 levee rehabilitation program.
g. County will enter into a contract with a qualified general construction contractor for the
construction of the levee setback.
h. County will use YBIP grant funds to negotiate and complete a lot line adjustment between
Assessor's Parcel Number(APN) 181309-41003 (City)and 181309-42010(Private, Lloyd-
Garretson Co.) increasing the size of the City lot by approximately 3.48 acres.County will
similarly effectuate a lot line adjustment between 181309-41003 (City)and 181309-41013
(Yakima Valley Commercial LLC) increasing the size of the City lot by an additional 0.4 acres.
These boundary line changes will provide sufficient space for the initial construction of the
setback levee(County)as well as the area needed for maintenance of the levee in perpetuity(by
the City).Access to the levee from Powerhouse Road will be through an easement across the
unacquired upland remainder of parcel 181309-42010.Yakima County will pay costs associated
with the acquisition of the access easement and the lot line adjustments, including, but not
limited to, the preparation of the documents,appraisal costs(where applicable),sale prices,
excise tax, recordation fees,and survey costs.The easement and the deeds transferring the
properties will include provisions allowing for the construction of the setback levee by the
Parties(as required by this ILA)and a restriction dedicating the resulting property in perpetuity
to the purposes of flood risk reduction and habitat restoration,while allowing for recreational
uses compatible with those purposes.The deeds will ensure that the County will retain sufficient
real property interest in the enlarged City property allowing the County to, in consultation with
the City, implement floodplain restoration and planting actions across the resulting City
GCB 3361 Sheet 4 of 10
13
property in association with the Project and afterwards as future funding allows.The form of all
easements and deeds will be acceptable to the City and the County prior to transfer.
i. Pursuant to the Deed between Squire Ingham, Homer and Sadie Lee,and the City of Yakima,
which conveyed parcel number 181310-32003 to the City,the City will revert that parcel back to
Grantors,or their successors in interest for$1.00. The County will acquire the Grantors right to
this parcel.The County will record a deed restriction dedicating the property in perpetuity to the
purposes of flood risk reduction and habitat restoration while allowing for recreational uses
compatible with those purposes.The County will be solely responsible for the costs associated
with purchasing the parcel and recording the deed.
j. County will enter into a contract with a qualified consultant,to be paid for under the terms of
the Grant Agreements,to prepare preliminary and final designs for ensuring the safety and
integrity of the City's 48-inch diameter potable water supply line where it crosses Cowiche Creek
just downstream of the Yakima Greenway Path.Preliminary designs will support permitting
efforts and will be based off design criteria provided by the City and County.The FbD and YBIP
grants obtained by the County do not include construction funding for the actions necessary to
protect the City's potable water supply line.
k. County will prepare draft outreach materials and press releases that highlight Project objectives,
anticipated benefits, recent progress,and the Parties collaborative approach.All outreach and
press release materials will be provided to the City and WSDOT for comment, review,and
approval at least 10 business days before distribution or publication by the Parties.The intent is
consistent messaging between Project partners that tells the story of flood risk reduction,
floodplain restoration,and salmon recovery through cooperative community action.
I. County will develop and implement 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.
m. 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. City will work diligently towards securing construction phase funding for City portions of the
Project as applicable(e.g.a new Powerhouse Road Bridge).When appropriate,the City will work
in good faith to provide formal letters of support to corresponding County and WSDOT efforts to
secure construction funding.
b. City will provide WSDOT and County staff,consultants,and contractors with reasonable access
to City properties and facilities related to the Project.City will provide landowner consent and
acknowledgement forms as needed to support Project permitting.
GCB 3361 Sheet 5 of 10
14
c. 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.
d. City will provide technical design criteria and the appropriate staff time as necessary to allow for
the preliminary and final design for the protection of a section of the City's potable water supply
pipeline where it crosses Cowiche Creek just north of the Yakima Greenway Path.
e. City will provide existing conditions information,operational requirements,technical design
criteria,and the appropriate staff time as necessary to allow the Parties to develop a
coordinated plan for sequencing the construction of future infrastructure (new bridges,setback
levees,etc.) in the vicinity of the City's sedimentation reservoir where it is immediately adjacent
to the existing US 12 bridge over Cowiche Creek.
f. City will provide relevant design and permitting information prepared for the companion Nelson
Dam project to County and WSDOT staff as appropriate so that the Parties overlapping future
infrastructure elements across the confluence are compatible and to facilitate cost-effective
planning,design,and permitting efforts.
g. City will provide for timely review and comment on the draft Project documents prepared by
the County,WSDOT,or consultants working on the Project.
h. 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.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.
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 will provide the appropriate real estate specialists to work with the County 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
US 12 roadway. Easement agreements will be compliant with FEMA levee accreditation
requirements.
e. 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, but the
GCB 3361 Sheet 6 of 10
15
easement will need to include provisions for a right turn out onto Highway 12 eastbound during
flood fight emergencies.
7. Financing
Financing of the joint undertakings is outlined in Exhibits B&C,and the implementation of those
grants as outlined above.
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. 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
Unless otherwise provided herein,any Party may terminate its participation in this Agreement,with
or without cause, upon thirty(30)calendar days'written notice to other Parties.
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 the 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 Parry'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
GCB 3361 Sheet 7 of 10
16
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.
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. Survivability
Section 11 shall survive the termination of this Agreement.
15. 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.
16. Venue
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.
17. 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 Parry'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
GCB 3361 Sheet 8 of 10
17
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.
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.
18. 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 perpetuity, unless otherwise terminated or
amended.
19. 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.
20. Assignment
No Party to this Agreement shall transfer or assign any right or obligation hereunder without the
prior written consent of all the Parties.
21. No Legal Entities Created
No separate legal entity or entities are contemplated to be created as part of this Agreement.
•
GCB 3361 Sheet 9 of 10
18
BOARD OF COUNTY COMMISSIONERS CITY OF YAKIMA
6"" (21.01r111-- 18
Norm hildress,Chairman ‘4444-1City Manager
■aminlY DATEDAL4 WI vU 3Q
R r .;,,� .mmis is
AIOF
lor
- '� .,01( Approved as to Form:
ricki Baker,Commissi i ner 1
r �� rl
DATED: AA 1 4 MO A r 'yy
Attest
3
'`_sue- F � � —
Melissa Paul,Clerk of the Board
4/ Linda Kay O'Hara,Deputy Clerk
Approved as to Form:
ii...Ci\72(-- m &
Deputy Prosecuting Arorney
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION
,47, / E
Todd V.Trepanier, P.E. SCR Regional
Administrator
Dated: August 25, 2020
Approved as to Form Only:
Assistant Attorney G neraI
BOCC Agreement
DATED:
e. I1 ��
154 - 2020
GCB 3361 Sheet 10 of 10
Yakima County,WA