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