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HomeMy WebLinkAboutR-1996-065 US Army Corp of Engineers / Flood Protection Levy Easement Water-Wastewater Dike RepairsRESOLUTION NO. R-96- 65 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a "Project Cooperation Agreement," "Certification Regarding Lobbying," and "Flood Protection Levy Easement," and the City Attorney to execute a "Certificate of Authority and "Title Certificate" necessary to accomplish repair of the water and Wastewater facilities dike. WHEREAS, the February 1996 Yakima River flood caused extensive damage to the dike structure protecting the City Water and Wastewater facilities and surrounding property; and WHEREAS, said dike structure requires extensive and expedited repair to restore it to its original protective and control capabilities; and WHEREAS, the dike structure is a part of the Federal System of Dikes and Levies generally constructed and maintained by the United States Army Corps of Engineers and eligible for federal assistance for restoration and damage repair; and WHEREAS, the United States Department of the Army is willing to take the necessary steps to ensure that the dike repairs are accomplished in an expedited and satisfactory manner in accordance with the attached agreement a d documents; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with the Department of the Army for repair of the dike structure at the city water and Wastewater facilities, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Project Cooperation Agreement," "Certification Regarding Lobbying, "and "Flood Protection Levy Easement." And the City Attorney is hereby authorized to execute the attached and incorporated "Certificate of Authority" and "Title Certificate." ADOPTED BY THE CITY COUNCIL this 4th day of Tune ,1996. ATTEST: City Clerk ynn Buchanan, Mayor ORIGINAL PROJECT COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF YAKIMA, WASHINGTON JOB NO. YAK -4-96 THIS AGREEMENT is entered into this ,/�i day of 'W , 1996, by and between the DEPARTMENT OF' THE ARMY (hereinaft j% referred to as the "Government"), acting by and through the District Engineer, Seattle District, U.S. Army Corps of Engineers, and the CITY OF YAKIMA, WASHINGTON, a municipal Corporation (hereinafter referred to as the "Local Sponsor") acting by and through the City Manager for Yakima, Washington. WITNESSETH, THAT: WHEREAS, the Government is authorized to assist in the repair or restoration of flood control improvements threatened or destroyed by recent floods pursuant to Public Law 99, 84th Congress; and, WHEREAS, the Local Sponsor has requested, in writing, the Government to repair or restore certain flood control works damaged by recent flooding in accordance with Public Law 99, 84th Congress and established policies of the U.S. Army Corps of Engineers; and, WHEREAS, the work to be undertaken (hereinafter referred to as the Project) is described in a report entitled Yakima River, Washington, Yakima County, Public Law 84-99, Levee Restoration, Spray Irrigation Field, Job No. YAK -4-96, prepared by the District Engineer, U.S. Army Engineer District Seattle, dated April 19, 1996, and approved by the Division Engineer on May 10, 1996; and, WHEREAS, the Local Sponsor hereby represents that it has the authority and legal capability to furnish the non -Federal cooperation hereinafter set forth and is willing to participate in the Project in accordance with the terms of this Agreement. NOW THEREFORE, the Government and Local Sponsor agree as follows: ARTICLE I -- DEFINITIONS AND GENERAL PROVISIONS For purposes of this Agreement: A. The term "Project" shall mean repair of the Spray Irrigation Field levee located on the right bank of the Yakima River within the City of Yakima, and near River Mile 111, just downstream of the Moxee Bridge. Repair of the levee damage will consist of replacing the 1,090 foot levee section to pre -flood conditions. Within the 1,090 foot section there are three different types of levee repair. Type A levee damage is in two sections: a 300 foot section just downstream from the Moxee Bridge; and a 200 foot section about 1,500 feet further downstream. Repairs for Type A levee damage consist of adding granular material to the landward slope to replace embankment material where erosion occurred. Type B levee damage is 500 feet long and is near the sewage treatment plant. For repairs in area B, rock will be added to the levee toe, and riverward slope. Granular material will be used to rebuild the levee. Type C levee damage is 90 feet long and at the downstream end of the area of levee damage. The entire levee will be rebuilt including the toe, levee embankment and rock protection on the riverward slope. The April 19, 1996, approved report contains a more specific description of the Project site. B. The term "total project cost" shall mean all costs incurred by the Local Sponsor and the Government directly related to construction of the Project. Such costs shall include, but not necessarily be limited to: actual construction costs, including supervision and inspection costs; costs of contract dispute settlements or awards; and the cost of investigations to identify the existence of hazardous substances as identified in Article XI A.; but shall not include any costs for operation and maintenance; any increased costs for betterments; or the costs of lands, easements, rights-of-way, or relocations. C. The term "betterment" shall mean the design and construction of a Project feature accomplished on behalf of, or at the request of, the Local Sponsor in accordance with standards that exceed the standards that the Government would otherwise apply for accomplishing the Project. YAK495.PCA 5/17/96 2 ARTICLE II -- OBLIGATIONS OF THE GOVERNMENT AND LOCAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States and using funds provided by the Local Sponsor, shall expeditiously construct the Project, applying those procedures usually followed or applied in Federal projects, pursuant to Federal laws, regulations, and policies. The Local Sponsor shall be afforded the opportunity to review and comment on all contracts, including relevant plans and specifications, prior to the issuance of invitations for bids. The Contracting Officer will, in good faith, consider the comments of the Local Sponsor, but award of contracts, modifications or change orders, and performance of all work on the Project (whether the work is performed under contract or by Government personnel), shall be exclusively within the control of the Contracting Officer. B. As further specified in Article III, the Local Sponsor shall provide all lands, easements, and rights-of-way, including suitable borrow and dredged or excavated material disposal areas, and perform all relocations determined by the Government to be necessary for construction, operation, and maintenance of the Project. C. As further specified in Article IV, the Local Sponsor shall contribute in cash, in-kind services, or a combination thereof, a contribution toward construction of the Project in an amount equal to 20 percent of the total project cost. D. No Federal funds may be used to meet the Local Sponsor's share of the total construction cost under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified in writing by the Federal granting agency. E. The Local Sponsor shall hold and save the Government free from all damages arising from the construction, operation, and maintenance of the Project and any Project -related betterments, except for damages due to the fault or negligence of the Government or the Government's contractors. F. The Local Sponsor agrees to participate in and comply with the policies and procedures of the U.S. Army Corps of Engineers Inspection Program. G. The Local Sponsor may request the Government to accomplish betterments. The Local Sponsor shall be solely responsible for any increase in costs resulting from the betterments and all such increased costs will be paid in advance by the Local Sponsor in accordance with Article IV. YAK495.PCA 5/17/96 3 ARTICLE III -- LANDS, RELOCATIONS, AND PUBLIC LAW 91-646 A. The Government shall provide the Local Sponsor with a description of the anticipated real estate requirements and relocations for the Project. Thereafter, the Local Sponsor shall furnish all lands, easements, and rights-of-way, including suitable borrow and dredged or excavated material disposal areas, and perform any relocations, as may be determined by the Government in that description, or in any subsequent description, to be necessary for the construction, operation and maintenance of the Project. The necessary lands, easements, and rights-of-way may be provided incrementally for each construction contract. All lands, easements, and rights-of-way determined by the Government to be necessary for work to be performed under a construction contract must be furnished prior to the advertisement of that construction contract. B. The Local Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations contained in 49 CFR Part 24, in acquiring lands, easements, and rights-of-way, and performing relocations for construction, operation, and maintenance of the Project, and inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV -- METHOD OF PAYMENT A. The Local Sponsor shall provide, during the period of construction, cash payments, in-kind services, or a combination thereof, required to meet the Local Sponsor's obligations under Article II of the Agreement. The total project cost is currently estimated to be $81,000, and the Local Sponsor's share (cash and services in kind) of the total project cost is currently estimated to be $16,200. In order to meet the Local Sponsor's cash payment requirements, the Local Sponsor must provide a cash contribution estimated to be $ 16,200. The dollar amounts set forth in this paragraph are based upon the Government's best estimates that reflect projections of costs, price level changes, and anticipated inflation. Such cost estimates are subject to adjustments based upon costs actually incurred and are not to be construed as the total financial responsibilities of the Government and the Local Sponsor. B. The required cash contribution shall be provided as follows: At least ten calendar days prior to the award of the first construction contract, the Government shall notify the Local Sponsor of the Local Sponsor's estimated share of the total YAK495.PCA 5/17/96 4 project costs, including the Local Sponsor's estimated share of the costs attributable to the Project incurred prior to the initiation of construction. Within five calendar days thereafter, the Local Sponsor shall provide the Government the full amount of the required contribution by delivering a check payable to "FAO, USAED, Portland (Seattle)," to the Contracting Officer representing the Government. The Government shall draw on the funds provided by the Local Sponsor such sums as the Government deems necessary to cover contractual and in-house fiscal obligations attributable to the Project as they are incurred, as well as Project costs incurred by the Government. In the event that total project costs are expected to exceed the estimate given at the outset of construction, the Government shall immediately notify the Local Sponsor of the additional contribution the Local Sponsor will be required to make to meet the Local Sponsor's share of the revised estimate. Within ten calendar days thereafter, the Local Sponsor shall provide the Government the full amount of the additional required contribution. C. During the period of construction, the Government shall provide periodic financial reports on the status of total project cost and status of contributions made by the Local Sponsor. Upon completion of the Project and resolution of all relevant contract claims and appeals, the Government shall compute the total project costs and tender to the Local Sponsor a final accounting of the Local Sponsor's share of the total project cost. 1. In the event the total contribution by the Local Sponsor is less than the Local Sponsor's required share of total project costs, the Local Sponsor shall, no later than 90 calendar days after receipt of written notice, make a cash payment to the Government of whatever sum is required to meet the Local Sponsor's required share of the total project cost. 2. In the event the total contribution by the Local Sponsor is more than the Local Sponsor's required share of the total project cost, the Government shall, no later than 90 calendar days after the final accounting is complete, subject to the availability of funds, return the excess to the Local Sponsor; however, the Local Sponsor shall not be entitled to any refund for in-kind services. In the event existing funds are not available to repay the Local Sponsor for excess contributions provided, the Government shall seek such appropriations as are necessary to repay the Local Sponsor for excess contributions provided. ARTICLE V -- OPERATION AND MAINTENANCE A. After the Contracting Officer has determined that construction of the Project is complete and provided the Local Sponsor with written notice of such determination, the Local Sponsor shall operate and maintain the completed Project, at no cost to the YAK495.PCA 5/17/96 5 Government, in accordance with specific directions prescribed by the Government, in Engineer Regulation 500-1-1 and any subsequent amendments thereto. B. The Local Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon land which the Local Sponsor owns or controls for access to the Project for the purpose of inspection, and, if necessary, for the purpose of completing, operating, and maintaining the Project. If an inspection shows that the Local Sponsor for any reason is failing to fulfill the Local Sponsor's obligations under this Agreement without receiving prior written approval from the Government, the Government will send a written notice to the Local Sponsor. If after 30 calendar days from receipt of notice, the Local Sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon lands the Local Sponsor owns or controls for access to the Project for the purpose of completing, operating and maintaining the Project or to deny further assistance under Public Law 84-99. No action by the Government shall operate to relieve the Local Sponsor of responsibility to meet the Local Sponsor obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to assure faithful performance pursuant to this Agreement. ARTICLE VI -- FEDERAL AND STATE LAWS In the exercise of the Local Sponsor's rights and obligations hereunder, the Local Sponsor agrees to comply with all applicable Federal and State laws and regulations. ARTICLE VII -- RELATIONSHIP OF PARTIES The Government and the Local Sponsor act in an independent capacity in the performance of their respective functions under this Agreement, and neither party is to be considered the officer, agent, or employee of the other. ARTICLE 171II -- OFFICIALS NOT TO BENEFIT No member of, or delegate to, the Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE IX -- COVENANT AGAINST CONTINGENT FEES The Local Sponsor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Local Sponsor for the purpose of securing business. For breach or violation of this YAK495.PCA 6 5/17/96 warranty, the Government shall have the right to annul this Agreement without liability, or, in the Government's discretion, to add to the Agreement or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE X -- TERMINATION OR SUSPENSION If at any time the Local Sponsor fails to carry out its obligations under this Agreement, the District Engineer shall terminate or suspend work on the Project, unless the District Engineer determines that continuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non -Federal interests in connection with the Project. However, deferral of future performance under this Agreement shall not affect existing obligations or relieve the parties of liability for any obligation previously incurred. In the event that either party elects to terminate this Agreement pursuant to this Article, both parties shall conclude their activities relating to the Project and proceed to a final accounting in accordance with Article IV of this Agreement. In the event that either party elects to defer future performance under this Agreement pursuant to this Article, such deferral shall remain in effect until such time as either the Government or the Local Sponsor elects to proceed with further construction or terminates this Agreement. ARTICLE XI -- HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the Contracting Officer, the Local Sponsor shall perform or cause to be performed, such investigations for hazardous substances as are determined necessary by the Government or the Local Sponsor to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USC 9601-9675, on lands necessary for Project construction, operation, and maintenance. All actual costs incurred by the Local Sponsor that are properly allowable and allocable to performance of any such investigations for hazardous substances shall be included in the total project cost and cost shared as a construction cost. B. In the event it is discovered through an investigation for hazardous substances or other means that any lands, easements, rights-of-way, or disposal areas to be acquired or provided for the Project contain any hazardous substances regulated under CERCLA, the Local Sponsor and the Government shall provide prompt notice to each other, and the Local Sponsor shall not proceed with the acquisition of lands, easements, rights-of-way, or disposal areas until mutually agreed. YAK495.PCA 5/17/96 7 C. The Government and the Local Sponsor shall determine whether to initiate construction of the Project, or if already in construction, to continue with construction of the Project, or to terminate construction of the Project for the convenience of the Government in any case where hazardous substances regulated under CERCLA are found to exist on any lands necessary for the Project. Should the Government and the Local Sponsor determine to proceed or continue with construction after considering any liability that may arise under CERCLA, the Local Sponsor, shall be responsible, as between the Government and the Local Sponsor, for any and all necessary clean up and response costs, to include the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of the total project cost as defined in this Agreement. In the event the Local Sponsor fails to provide any funds necessary to pay for clean up and response costs or to otherwise discharge the Local Sponsor's responsibilities under this paragraph upon direction by the Government, the Government may either terminate or suspend work on the Project or proceed with further work as provided in Article X of this Agreement. D. The Local Sponsor and the Government shall consult with each other to assure that responsible parties bear any necessary clean up and response costs as defined in CERCLA. Any decision made pursuant to paragraph C of this Article shall not relieve any party from any liability that may arise under CERCLA. E. As between the Government and the Local Sponsor, the Local Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable, the Local Sponsor shall operate and maintain the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XII -- NOTICES A. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage pre -paid), registered, or certified mail, as follows: If to the Local Sponsor: City of Yakima Attention: City Manager 129 North Second Street Yakima, WA 98901 YAK495.PCA 5/17/96 8 If to the Government: Commander, Seattle District U.S. Army Corps of Engineers Post Office Box 3755 Seattle, Washington 98124-2255 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addresses as such time as it is either personally delivered or seven calendar days after it is mailed, as the case may be. IN WITNESS WHEREOF', the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. THE DEPARTMENT OF THE ARMY CITY OF YAKIMA, WASHINGTON BY: DONALD T. WYN Colonel, Corps of Engineers Commanding YAK495.PCA 5/17/96 9 BY:\r-Z� R. A. ZAIS, City Manager Attest: City Clerk CERTIFICATE OF AUTHORITY I, Raymond Paolella do hereby certify that I am the principal legal officer of CITY OF YAKIMA, WASHINGTON, and that CITY OF YAKIMA, WASHINGTON, is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and CITY OF YAKIMA, WASHINGTON, in connection with the Project, and to pay damages, if necessary, in the event of the failure to perform, in accordance with Section 221 of Public Law 91- 611, and that the person(s) who have executed this Agreement on behalf of CITY OF YAKIMA, WASHINGTON, have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 1996. YAK495.PCA 5/17/96 10 BY: C` RAYMOND PAOLELLA Yakima City Attorney CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards and all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by YAK495.PCA 5/17/96 11 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. YAK495.PCA 5/17/96 CITY OF YAKIMA, WASHINGTON BY: ~\ ' R. A. ZAIS, JR. City Manager DATE Attest: City Clerk 12 TITLE CERTIFICATE PROJECT: Public Law 84-99 levee restoration of the Spray Irrigation Field Levee on the right bank of the Yakima River within the City of Yakima in Yakima County, Washington, near river mile 111, and just downstream of the Moxee Bridge, Job No. YAK -4-96 I, Raymond Paolella, a legally qualified attorney admitted to practice law in the State of Washington, certify that I am the attorney for the City of Yakima, and that, I have reviewed the attached Certification of Lands, dated CCz{ Z9 1996, that the City of Yakima is providing to the)United States of America. I certify that the said City of Yakima is at this time and was at the date of said certification vested with a valid estate in and to the lands described in the aforesaid attached Certification of Lands of a character and quality sufficient to authorize the City of Yakima to grant to the United States the rights and privileges specifically enumerated and set forth in said certification. / DATE AND SIGNED at v' /1 /1� 1 /ai `1 - J %�v a, this '2- 7 X21 day of h 7 1996. YAK496TC.DOC 5/7/96 ///:-efel RA OND PAOLELLA YAKIMA CITY ATTORNEY DATE: Department of the Army Seattle District Corps of Engineers Attn.: Real Estate Division Post Office Box 3755 Seattle, Washington 98124-2255 RE: Certification of Lands for Public Law 84-99 Levee Restoration of the Spray Irrigation Field Levee on the right bank of the Yakima River within the City of Yakima, Washington, Job No. YAK -4-96 Gentlemen: The City of Yakima, Washington, assumed full responsibility to fulfill the requirements of non-federal cooperation specified in an Agreement between the United States and City of Yakima, Washington, for Public Law 84-99 levee restoration on the right bank of the Yakima River near river mile 111, just downstream of the Moxee Bridge, and designated Job No. YAK -4-95. The City Yakima has sufficient interest in certain lands in order to enable it to comply with the aforesaid non-federal requirements of the said Agreement. Said lands and/or interests therein were acquired for and are to be used for the construction of the above referenced project. The City of Yakima does hereby grant to the UNITED STATES OF AMERICA, or its assigns, the right, privilege and permission of the City of Yakima to enter upon the lands hereinafter indicated which are owned or controlled by the City of Yakima for the purpose of prosecuting the project referenced above. It is understood that this permission and authority include but are not limited to the following specifically enumerated rights and uses, except as hereinafter noted. Flood Protection Levee Easement -- A permanent and assignable right and easement in the land delineated on the attached location map, Exhibit "A," by this reference made a part hereof to construct, patrol and replace a flood protection levee, including all appurtenances thereto: reserving, however, to the owners, their heirs and assigns, all such rights and privileges in the land as may be used without interfering with or abridging rights and easements hereby acquired. THE CITY OF YAKIMA, WASHINGTON BY: : -----.) R.A. Zais City Manager Attest: City Clerk YAK495CL.DOC 2 5/7/96 I"-•_• \2Iy • r .. I/ Trailer rr park :\ erson Sch :1,...r--.• — x, tee; TPark 9904411L r\,0 ran .. 1 T• U!0E. /L — r• SCALE 0 r—t 1000 1000 2000 3000 1 MILE 4000 5000 6000 I --t r--, F-+ rri 7000 FEET Nott Dcl.ned aseholt part on't.P of (cote -I-0 be removed a+J raelapea ty others, river Sections 28, 29, 32 and 33, Township 13 North, Range 19 East of the Willamette Meridian, in Yakima 2. County, WashingtonCkss ICE I f 3�- 12' 9ra.,rtrar rha+r x.41 \\ SPCoy field Type. A Levu. D"."'"Ie er.ist;.19 �o� a 1;.,e 300 L.F. and 200 L.F. river river 12' gran IFr rnLt iwl --tI 10' 3 Class III' r;pfap' BRITISH COLUlA d IA Nr. YERIpN [mot 2 Type P LLvc- 500 L.F tz' ' e',tsti.1 yror+d hie ' 2 SEATTLE WASHINGTON ELLENae CNEN,LIS .4U PFAIE,IU v,K01nE. 0REGOI! Type 4 L¢tee. Da*na.olt O L.F. VICINITY MAP NOT 10 SCALE La, a n'i; t; c S C'rar+nlar mai'er ..I ex;sh"y grow t line' (10t0•ts for All LIaMA4ad C.C. c. Stcho) Glass TIT riprop I 1,800 c.y. gra. v 1�r •F; t I 2,000 c•y. Borrow Sov.rces fb teIp) KINKED TO 501 OF ILLI SIFE U.S. MAY ENG6 LE* DISTRICT, SEATTLE COAFS OF ENGMERS SMILE. WALWGSCN pL44-91 Levee Re6ab;iito-ri on Job no. VAK-'i-96, Spray Field ywKirne, I WA, T ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ) 3 For Meeting Of 6/4/96 Resolution Authorizing City Manager to Execute Dike Rehabilitation Contracts With The Department of Army For Water and Wastewater Divisions Glenn Rice, ACM Chris Waarvick, Wastewater Superintendent Duane Calvin Water Superintendent CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 SUMMARY EXPLANATION: Staff respectfully requests City Council approve the attached resolution authorizing the City Manager to execute the attached contracts with the Department of Army to repair dike structures at the Water and Wastewater treatment facilities. The work will commence in mid to late summer depending on regional construction schedules and submittal of all necessary documents required in the establishment of a contractual relationship between the City and the U.S. Army Corps of Engineers. The work the Corps will perform is estimated to cost $81,000 at the Wastewater facility and $44,000 at the Water facility. The local share costs at the 20% level required in the contract equates to $16,200 for Wastewater and $8,800 for Water. "The dollar amounts set forth in this paragraph are based upon the Government's best estimates that reflect projections of costs, price level changes, and anticipated inflation. Such cost estimates are subject to adjustments based upon costs actually incurred and are not to be construed as the total financial responsibilities of the Government and the Local Sponsor." (Article 4A, Method of Payment -- see attached contracts.) There are dike repair costs which are not part of the Corps work and must be financed locally. These include required dike fill material and any asphalt removal. Applications to the Department of Ecology have been submitted for emergency dike repair financing to assist in the local share component of these projects. We should receive notice of the status of those applications in late June, 1996. Resolution X Ordinance _Contract X Other (Specify) Propery Title Documentation Funding Source 80% of Eligible - US Army Corps of Engineers: 20% - Local: DOE Grant Application Submitted for Local Sh Assistance APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the attached contracts with the Department of Army for dike repairs. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: corp dike contracts May 30, 1996 cw NAL PROJECT COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF YAKIMA, WASHINGTON JOB NO. NAC -2-96 THIS AGREEMENT is entered into this day of , 1996, by and between the DEPARTMENT OF THE ARMY (hereinafter r 'erred to as the "Government"), acting by and through the District Engineer, Seattle District, U.S. Army Corps of Engineers, and the CITY OF YAKIMA, WASHINGTON, a municipal corporation (hereinafter referred to as the "Local Sponsor") acting by and through the City Manager for Yakima, Washington. WITNESSETH, THAT: WHEREAS, the Government is authorized to assist in the repair or restoration of flood control improvements threatened or destroyed by recent floods pursuant to Public Law 99, 84th Congress; and, WHEREAS, the Local Sponsor has provided the Government a written request to repair or restore certain flood control improvements damaged by recent flooding in accordance with Public Law 99, 84th Congress and established policies of the U.S. Army Corps of Engineers; and, WHEREAS, the work to be undertaken (hereinafter referred to as the "Project") is described in a report entitled Naches River, Washington, Yakima County, Public Law 84-99, Levee Restoration, Water Treatment Plant, Job No. NAC -2-96, prepared by the District Engineer, U.S. Army Engineer District Seattle, dated April 24, 1996, and approved by the Division Engineer on May 14, 1996; and, WHEREAS, the Local Sponsor hereby represents that it has the authority and legal capability to furnish the non-federal cooperation hereinafter set forth and is willing to participate in the Project in accordance with the terms of this Agreement. NOW THEREFORE, the Government and Local Sponsor agree as follows: ARTICLE --DEFINITIONS AND GENERAL PROVISIONS For purposes of this Agreement: A. The term Project shall mean repair of the levee known as the Water Treatment Plant levee, located on the left bank of the Naches River about 7 miles northwest of the City of Yakima, and near river mile 9. Repair of levee damage will consist of replacing a 170 foot levee section to pre -flood conditions. Within the 170 foot section to be repaired there are two different types of levee damage. Type A levee damage is 70 feet long. Within Type A, a new levee toe will be built, and rock added to the riverward slope. Type B levee damage is 100 feet long. The levee toe and will be replaced, eroded embankment replaced, and rock added to the riverward slope. The April 24, 1996, approved report contains a more specific description of the Project site. B. The term Total Construction Cost shall mean all costs incurred by the Local Sponsor and the Government directly related to construction of the Project. Such costs shall include, but not necessarily be limited to: actual construction costs, including supervision and inspection costs; costs of contract dispute settlements or awards; and the cost of investigations to identify the existence of hazardous substances as identified in Article XI A.; but shall not include any costs for operation and maintenance; any increased costs for betterments; or the costs of lands, easements, rights-of-way, or relocations. C. The term betterment shall mean the design and construction of a Project feature accomplished on behalf of, or at the request of, the Local Sponsor in accordance with standards that exceed the standards that the Government would otherwise apply for accomplishing the Project. ARTICLE H --OBLIGATIONS OF THE GOVERNMENT AND LOCAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States and using funds provided by the Local Sponsor, shall expeditiously construct the Project, applying those procedures usually followed or applied in Federal projects, pursuant to Federal laws, regulations, and policies. The Local Sponsor shall be afforded the opportunity to review and comment on all contracts, including relevant plans and specifications, prior to the issuance of invitations for bids. The Contracting Officer will, in good faith, consider the 2 NAC296.PCA 5/17/96 comments of the Local Sponsor, but award of contracts, modifications or change orders, and performance of all work on the Project (whether the work is performed under contract or by Government personnel), shall be exclusively within the control of the Contracting Officer. B. As further specified in Article III, the Local Sponsor shall provide all lands, easements, and rights-of-way, including suitable borrow and dredged or excavated material disposal areas, and perform all relocations determined by the Government to be necessary for construction, operation, and maintenance of the Project. C. As further specified in Article IV, the Local Sponsor shall provide in cash, in-kind services, or a combination thereof, a contribution toward construction of the Project in an amount equal to 20% of the total construction cost. D. No Federal funds may be used to meet the Local Sponsor's share of total construction cost under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified in writing by the Federal granting agency. E. The Local Sponsor shall hold and save the Government free from all damages arising from the construction, operation, and maintenance of the Project and any Project -related betterments, except for damages due to the fault or negligence of the Government or the Government's contractors. F. The Local Sponsor agrees to participate in and comply with the policies and procedures of the U.S. Army Corps of Engineers Inspection Program. G. The Local Sponsor may request the Government to accomplish betterments. The Local Sponsor shall be solely responsible for any increase in costs resulting from the betterments and all such increased costs will be paid in advance by the Local Sponsor in accordance with Article IV. ARTICLE BI --LANDS, RELOCATIONS, AND PUBLIC LAW 91-646 A. The Government shall provide the Local Sponsor with a description of the anticipated real estate requirements and relocations for the Project. Thereafter, the Local Sponsor shall furnish all lands, easements, and rights-of-way, including suitable borrow and dredged or excavated material disposal areas, and perform any relocations, as may be determined by the Government in that description, or in any subsequent description, to be necessary for the construction, operation and maintenance of the Project. The necessary lands, easements, and rights-of-way may be provided incrementally for each construction contract. All lands, easements, and rights-of-way determined by the Government to be necessary for work to be performed under a construction contract must be furnished prior to the advertisement of that construction contract. 3 NAC296.PCA 5/17/96 B. The Local Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations contained in 49 CFR Part 24, in acquiring lands, easements, and rights-of-way, and performing relocations for construction, operation, and maintenance of the Project, and inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV --METHOD OF PAYMENT A. The Local Sponsor shall provide, during the period of construction, cash payments, in-kind services, or a combination thereof, required to meet the Local Sponsor's obligations under Article II of the Agreement. The total construction cost is currently estimated to be $44,000, and the Local Sponsor's share (cash and services in kind) of the total construction cost is currently estimated to be $8,800. In order to meet the Local Sponsor's cash payment requirements, the Local Sponsor must provide a cash contribution estimated to be $8,800. The dollar amounts set forth in this paragraph are based upon the Government's best estimates that reflect projections of costs, price level changes, and anticipated inflation. Such cost estimates are subject to adjustments based upon costs actually incurred and are not to be construed as the total financial responsibilities of the Government and the Local Sponsor. B. The required cash contribution shall be provided as follows: At least ten calendar days prior to the award of the first construction contract, the Government shall notify the Local Sponsor of the Local Sponsor's estimated share of the total construction costs, including the Local Sponsor's share of costs attributable to the Project incurred prior to the initiation of construction. Within five calendar days thereafter, the Local Sponsor shall provide the Government the full amount of the required contribution by delivering a check payable to "FAO, USAED, Portland (Seattle)," to the Contracting Officer representing the Government. The Government will draw on the funds provided by the Local Sponsor such sums as the Government deems necessary to cover contractual and in-house fiscal obligations attributable to the Project as they are incurred, as well as Project costs incurred by the Government. In the event that total construction costs are expected to exceed the estimate given at the outset of construction, the Government shall immediately notify the Local Sponsor of the additional contribution the Local Sponsor will be required to make to meet the Local Sponsor's share of the revised estimate. Within ten calendar days thereafter, the Local Sponsor shall provide the Government the full amount of the additional required contribution. C. During the period of construction, the Government shall provide periodic financial reports on the status of total construction cost and status of contributions made by the Local Sponsor. Upon completion of the Project and resolution of all relevant contract claims and 4 NAC296.PCA 5/17/96 appeals, the Government shall compute the total construction costs and tender to the Local Sponsor a final accounting of the Local Sponsor's share of the total construction cost. 1. In the event the total contribution by the Local Sponsor is less than the Local Sponsor's required share of total construction costs, the Local Sponsor shall, no later than 90 calendar days after receipt of written notice, make a cash payment to the Government of whatever sum is required to meet the Local Sponsor's required share of the total construction cost. 2. In the event the total contribution by the Local Sponsor is more than the Local Sponsor's required share of the total construction cost, the Government shall, no later than 90 calendar days after the final accounting is complete, subject to the availability of funds, return the excess to the Local Sponsor; however, the Local Sponsor shall not be entitled to any refund for in-kind services. In the event existing funds are not available to repay the Local Sponsor for excess contributions provided, the Government shall seek such appropriations as are necessary to repay the Local Sponsor for excess contributions provided. ARTICLE V --OPERATION AND MAINTENANCE A. After the Contracting Officer has determined that construction of the Project is complete and provided the Local Sponsor with written notice of such determination, the Local Sponsor shall operate and maintain the completed Project, at no cost to the Government, in accordance with specific directions prescribed by the Government, in ER 500-1-1 and any subsequent amendments thereto. B. The Local Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon land which the Local Sponsor owns or controls for access to the Project for the purpose of inspection, and, if necessary, for the purpose of completing, operating, and maintaining the Project. Han inspection shows that the Local Sponsor for any reason is failing to fulfill the Local Sponsor's obligations under this Agreement without receiving prior written approval from the Government, the Government will send a written notice to the Local Sponsor. If after 30 calendar days from receipt of notice, the Local Sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon lands the Local Sponsor owns or controls for access to the Project for the purpose of completing, operating and maintaining the Project or to deny further assistance under Public Law 84-99. No action by the Government shall operate to relieve the Local Sponsor of responsibility to meet the Local Sponsor obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to assure faithful performance pursuant to this Agreement. 5 NAC296.PCA 5/17/96 ARTICLE VI --FEDERAL AND STATE LAWS In the exercise of the Local Sponsor's rights and obligations hereunder, the Local Sponsor agrees to comply with all applicable Federal and State laws and regulations. ARTICLE VII --RELATIONSHIP OF PARTIES The Government and the Local Sponsor act in an independent capacity in the performance of their respective functions under this Agreement, and neither is to be considered the officer, agent, or employee of the other. ARTICLE VIII --OFFICIALS NOT TO BENEFIT No member of, or delegate to, the Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE IX --COVENANT AGAINST CONTINGENT FEES The Local Sponsor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Local Sponsor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability, or, in the Government's discretion, to add to the Agreement or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE X --TERMINATION OR SUSPENSION If at any time the Local Sponsor fails to carry out its obligations under this agreement, the District Engineer shall terminate or suspend work on the Project, unless the District Engineer determines that continuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non -Federal interests in connection with the Project. However, deferral of future performance under this Agreement shall not affect existing obligations or relieve the parties of liability for any obligation previously incurred. In the event that either party elects to terminate this Agreement pursuant to this Article, both parties shall conclude their activities relating to the Project and proceed to a final accounting in accordance with Article IV of this Agreement. In the event that either party elects to defer future performance under this Agreement pursuant to this Article, such deferral shall remain in effect until such time as either the Government or the Local Sponsor elects to proceed with further construction or terminates this Agreement. 6 NAC296.PCA 5/17/96 ARTICLE XI --HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the Contracting Officer, the Local Sponsor shall perform or cause to be performed, such investigations for hazardous substances as are determined necessary by the Government or the Local Sponsor to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USC 9601-9675, on lands necessary for Project construction, operation, and maintenance. All actual costs incurred by the Local Sponsor that are properly allowable and allocable to performance of any such investigations for hazardous substances shall be included in the total project cost and cost shared as a construction cost. B. In the event it is discovered through an investigation for hazardous substances or other means that any lands, easements, rights-of-way, or disposal areas to be acquired or provided for the Project contain any hazardous substances regulated under CERCLA, the Local Sponsor and the Government shall provide prompt notice to each other, and the Local Sponsor shall not proceed with the acquisition of lands, easements, rights-of-way, or disposal areas until mutually agreed. C. The Government and the Local Sponsor shall determine whether to initiate construction of the Project, or if already in construction, to continue with construction of the Project, or to terminate construction of the Project for the convenience of the Government in any case where hazardous substances regulated under CERCLA are found to exist on any lands necessary for the Project. Should the Government and the Local Sponsor determine to proceed or continue with construction after considering any liability that may arise under CERCLA, the Local Sponsor, shall be responsible, as between the Government and the Local Sponsor, for any and all necessary clean up and response costs, to include the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of the total construction cost as defined in this Agreement. In the event the Local Sponsor fails to provide any funds necessary to pay for clean up and response costs or to otherwise discharge the Local Sponsor's responsibilities under this paragraph upon direction by the Government, the Government may either terminate or suspend work on the Project or proceed with further work as provided in Article X of this Agreement. D. The Local Sponsor and the Government shall consult with each other to assure that responsible parties bear any necessary clean up and response costs as defined in CERCLA. Any decision made pursuant to paragraph C of this Article shall not relieve any party from any liability that may arise under CERCLA. 7 NAC296.PCA 5/17/96 E. As between the Government and the Local Sponsor, the Local Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable, the Local Sponsor shall operate and maintain the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XII—NOTICES A. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage pre -paid), registered, or certified mail, as follows: If to the Local Sponsor: City Manager 129 North Second Street City Hall Yakima, Washington 98901 If to the Government: Commander, Seattle District U.S. Army Corps of Engineers Post Office Box 3755 Seattle, Washington 98124-2255 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addresses as such time as it is either personally delivered or seven calendar days after it is mailed, as the case may be. 8 NAC296.PCA 5/17/96 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. THE DEPARTMENT OF THE ARMY DONALD T. Colonel, Corps of E 4' ers Commanding 9 NAC296.PCA 5/17/96 CITY OF YAKIMA, WASHINGTON BYas - R. A. ZAISJR. City Manager Attest: ei City Clerk CERTIFICATE OF AUTHORITY I, Raymond Paolella, do hereby certify that I am the principal legal officer of the City of Yakima, Washington, and that the City of Yakima, is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Yakima, in connection with the Project, and to pay damages, if necessary, in the event of the failure to perform, in accordance with Section 221 of Public Law 91-611, and that the person who has executed this Agreement on behalf of the City of Yakima, has acted within his statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 1996. BY: 10 NAC296.PCA 5/17/96 J`���i-���c C mow, RAYJ fbND PAOLELLA Yakima City Attorney CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards and all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for 11 NAC296.PCA 5/17/96 making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CITY OF YAKIMA, WASHINGTON BY: DATE Attest: R. A. ZAIS, 7R City Manager City Clerk 12 NAC296.PCA 5/17/96 OR! A . TITLE CERTIFICATE PROJECT: Public Law 84-99 levee restoration of the Water Treatment Plant levee located on the left bank of the Naches River near River Mile 9, and designated as, Job No. NAC -2-96 I, Raymond Paolella, a legally qualified attorney admitted to practice law in the State of Washington, certify that I am the attorney for the City of Yakima, Washington, and that I have reviewed the attached Certification of Lands, dated 4q 1996, that the City of Yakima is providing to the U ite States of America. I certify that the City of Yakima is at this time and was at the date of said certification vested with a valid estate in and to the lands described in the aforesaid attached Certification of Lands of a character and quality sufficient to authorize the City of Yakima to grant to the United States the rights and privileges specifically enumerated and set forth in said certification. DATE AND SIGNED at / IT f /n � s`'/v, y /ii • this ? aTh day of // 1996. NAC296TC.DOC 5/13/96 ND PAOLELLA, Attorney DATE: Department of the Army Seattle District Corps of Engineers Attn.: Real Estate Division Post Office Box 3755 Seattle, Washington 98124-2255 RE: Certification of Lands Public Law 84-99 Levee Restoration of the Water Treatment Plant Levee on the Naches River near River Mile 9, and Northwest of the City of Yakima, Washington, Job No. NAC -2-96 Gentlemen: The City of Yakima, Washington, assumed full responsibility to fulfill the requirements of non-federal cooperation specified in an Agreement between the United States and the City of Yakima, Washington, for Public Law 84-99 levee restoration on left bank of the Naches River about 7 miles northwest of the City of Yakima, near River Mile 9, and designated Job No. NAC -2-96. The City of Yakima, has sufficient interest in certain lands in order to enable it to comply with the aforesaid non-federal requirements of the said Agreement. Said lands and/or interests therein have been acquired for and are to be used for the construction of the project referenced above. The City of Yakima does hereby grant to the UNITED STATES OF AMERICA, or its assigns, the right, privilege and permission of the City of Yakima to enter upon the City of Yakima lands hereinafter indicated which are owned or controlled by the City of Yakima for the purpose of prosecuting the above referenced project. It is understood that this permission and authority includes but is not limited to the following specifically enumerated rights and uses, except as hereinafter noted. Flood Protection Levee Easement — A permanent and assignable right and easement in the land delineated on the attached location map, Exhibit "A", by this reference made a part hereof to construct, patrol and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges in the land as may be used without interfering with or abridging the rights and easements hereby acquired. THE CITY OF YAKIMA, WASHINGTON BY: R.A. Zais City Manager Attest: City Clerk NAC296CL.DOC 2 5/13/96 • • Fa00 •1-301 30 moll?l� 0 0 clasc clASS LY r ocl<.. 15' rock fr. • Type A Levt_e- D. "-so 70 L.F. Section 24, Township 14 North, Range 17 East of the Willamette Meridian, Yakima County, Washington 1 MILE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET ts C� tals for o,li da yt Sections) Llass LZ r;prap Glass y r:ptop cjro - 1Ar fill -borrow-S0urce5 10-20 FA:It hq l C}^Ovri Trtp) 1-00 c•y. 700 c.y. Soo c.y, B RI T ISH COLUMBIA KLLINWu 01. ATTN. 1.PFt1 SU74E a• WASHNGTON ELLE.S1O Pr°i`1- O R EGO N O.KL• o.lt. VICINITY MAP 001 10 SCALE REOVCtn 10 SOL Ce FLU SIZE U.S ARMY ENCWEEA DISTAICT, SEATTLE CORPS OF ENCtEERS YAM/. w0Ye41W PI -84.-:. Le -vet R�hablt _tutign_ -Ip6 no, AC -2-4b, water.Pla..t �p�1Te0 R3verl Near Yaklo-#o WA 4 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ) 3 For Meeting Of 6/4/96 Resolution Authorizing City Manager to Execute Dike Rehabilitation Contracts With The Department of Army For Water and Wastewater Divisions Glenn Rice, ACM Chris Waarvick, Wastewater Superintendent Duane Calvin Water Superintendent CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 SUMMARY EXPLANATION: Staff respectfully requests City Council approve the attached resolution authorizing the City Manager to execute the attached contracts with the Department of Army to repair dike structures at the Water and Wastewater treatment facilities. The work will commence in mid to late summer depending on regional construction schedules and submittal of all necessary documents required in the establishment of a contractual relationship between the City and the U.S. Army Corps of Engineers. The work the Corps will perform is estimated to cost $81,000 at the Wastewater facility and $44,000 at the Water facility. The local share costs at the 20% level required in the contract equates to $16,200 for Wastewater and $8,800 for Water. "The dollar amounts set forth in this paragraph are based upon the Government's best estimates that reflect projections of costs, price level changes, and anticipated inflation. Such cost estimates are subject to adjustments based upon costs actually incurred and are not to be construed as the total financial responsibilities of the Government and the Local Sponsor." (Article 4A, Method of Payment -- see attached contracts.) There are dike repair costs which are not part of the Corps work and must be financed locally. These include required dike fill material and any asphalt removal. Applications to the Department of Ecology have been submitted for emergency dike repair financing to assist in the local share component of these projects. We should receive notice of the status of those applications in late June, 1996. Resolution X Ordinance _Contract X Other (Specify) Propery Title Documentation Funding Source 80% of Eligible - US Army Corps of Engineers; 20% - Local: DOE Grant Application Submitted for Local Sh Assistance APPROVED FOR SUBMITTAL: `'' City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the attached contracts with the Department of Army for dike repairs. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: corp/dike contracts May 30, 1996 cw Resolution No. R-96-65