HomeMy WebLinkAboutR-2019-002 Interlocal with Yakima County for Nelson DamRESOLUTION NO. R-2019-002
A RESOLUTION authorizing an interlocal agreement with Yakima County for design and
construction associated with the Nelson Dam replacement.
WHEREAS, the City of Yakima Water/Irrigation Division requires the replacement of
Nelson Dam, flood by-pass structures, fish passage, fish screens, and associated piping; and
WHEREAS, the interlocal agreement allows for a single entity to control the design and
construction to lessen the risks: and
WHEREAS, the City of Yakima Water/Irrigation Division representatives have conducted
many stakeholder meetings to develop the design concept; and
WHEREAS, the County has agreed to supply over $4,700,000 from Floodplain by Design
Ecology Grant G1600008 and SEAFBD-2017-YaCoOPS-00029 for this project; and
WHEREAS, the City of Yakima Water/Irrigation Division representatives will continue to
work with the County to develop the design and to construct the project; and
WHEREAS, the City Council deems it to be in the best interest of the City to enter into an
interlocal agreement with Yakima County for the design and construction of the replacement of
Nelson Dam, flood by-pass structures, fish passage, fish screens, and associated piping; Now,
Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached and incorporated interlocal
agreement with Yakima County for the replacement of Nelson Dam, flood by-pass structures, fish
passage, fish screens, and associated piping.
ADOPTED BY THE CITY COUNCIL this 8th day of January 2019.
ATTEST:
tick,
Sonya Claar Tee, City Clerk
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF YAKIMA AND YAKIMA COUNTY
RAMBLERS PARK FLOOD CONTROL — NELSON DAM REPLACEMENT PROJECT
THIS AGREEMENT is made and entered between Yakima County and the City of Yakima,
pursuant to RCW Chapter 38.34-The Interlocal Cooperation Act, and is for the following purpose
and on the following terms:
The parties agree as follows:
1. PURPOSE. The purpose of this agreement is to define the responsibilities and
duties of the City and County for the management of the design and construction
of the Nelson Dam replacement projects defined in Floodplain by Design
Ecology Grant G1600008 (tasks 4a) and SEAFBD-2017-YaCoOPS-00029
(tasks 7 through 9), and in the 2017 NHC Nelson Bypass Channel Design
Project, Physical Modelling and the 2017 HDR Preliminary Design Report"
(Preliminary Design Report), developed for the dam and by-pass structures to
allow fish screens, and associated piping comprised as follows:
a. Demolition of existing site floodplain and channel structures such as old
abandoned Powerhouse Road approach and bridge abutment.
b. Demolition of a portion of the existing Nelson Dam necessary for completion
of the new dam and boulder by-pass.
c. Construction of the new 2 acre Nelson Dam boulder by-pass structure and
upstream weir.
d. Excavation of 2,500 feet of floodplain dam approach channel to allow
activation of the floodplain as part of the dam.
e. A road protection structure just upstream of the new Powerhouse Bridge.
The design of these will follow the 2017 NHC Nelson Bypass Channel
Design Project, Physical Modelling and the 2017 HDR Preliminary Design
Report" (Preliminary Design Report), developed for the dam and by-pass
structures to allow fish screens, and associated piping. Design, demolition
and construction will be in concert with the above studies and the 2018
Yakima County "Environmental Memo" (Draft Memo attached)] developed
during the design phase under Floodplain by Design Ecology Grant
G1600008, to meet needs of the City and basin partners related to structure
performance. Funding for this project is provided by a State of Washington
Floodplain by Design Grants G1600008 and SEAFBD-2017-YaCoOPS-
00029 (tasks 7 through 9), City of Yakima funds and other sources that are
secured. The project includes necessary fish screening structure and
associated piping, funded separately.
2. YAKIMA COUNTY RESPONSIBLITIES
a. Provide the overall management, coordination, and accounting for the
Floodplains by Design grants, designated asG1600008 and SEAFBD-2017-
YaCoOPS-00029.
b. Provide the balance of task funds from the Floodplains by Design grants
G1600008, task 4a and SEAFBD-2017-YaCoOPS-00029, tasks 7 through 9,
of $4,734,723, as of December 1,2018, for work defined in Paragraph 1
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above to be allocated to City and County staff and contractors for the design
and construction of the Ramblers Park Flood Control and Nelson Dam
replacement project. Reimburse the CITY through monthly invoicing and
reporting that will draw from the above tasks Floodplains by Design grants
G1600008 andEAFBD-2017-YaCoOPS-00029 until such funds are
exhausted or the grant defined work is complete.
c. The County will process and submit grant draws from Floodplains by Design
grants G1600008 and SEAFBD-2017-YaCoOPS-00029 upon receipt of
invoice from the City of Yakima.
d. County receives payment from Floodplains by Design grants G1600008 and
SEAFBD-2017-YaCoOPS-00029 upon submittal of City invoice and a
progress report.
e. All Reimbursements to the City will be processed in the next available
warrant issue from the date of receipt of Ecology's reimbursement to the
County of City invoices.
f. Provide design, engineering and project management review for the
construction of the dam by-pass structure design and elements in paragraph
1 a. through 1 e. above to meet the Preliminary Design Report and
Environmental Memo goals and requirements for the dam approach
channels, flood bypass and roughened channel Nelson Dam replacement.
g. Act as lead agency for SEPA:
h. Provide necessary information required to obtain project permits and obtain
all necessary permits for items in paragraph 1 a. through 1 e. above.
i. Provide necessary permission for the revised aerial coverage of the
enlarged Nelson bypass and dam structure on county land.
j. The County will relinquish all claims of ownership of and responsibility for
the Nelson Dam, diversion and intake once constructed, and it is complete
and functioning.
k. The COUNTY will retain ownership of the Nelson Dam by-pass structure
and approach channels from the current fish ladder to Powerhouse Road
and Powerhouse Road protection structures.
I. Yakima County will be responsible for the closeout of the Floodplains by
Design grant G1600008 and SEAFBD-2017-YaCoOPS-00029.
3. CITY OF YAKIMA RESPONSIBLITIES
a. Provide to the COUNTY, through contracting of their design CONSULTANT,
the ability to perform task No. 2 above in conformance with the grant and
stakeholder directions as provided in the 2017 NHC Nelson Bypass Channel
Design Project, Physical Modelling and the 2017 HDR Preliminary Design
Report. Such services will be reimbursed by the county monthly invoicing and
reporting and will draw from Floodplains by Design grants G1600008 and
SEAFBD-2017-YaCoOPS-00029.
b. Provide final drawings, cost estimate, permitting and bid ready documents
c. Contract and construct the dam bypass and related elements, so that the
Ecology grant G1600008 and SEAFBD-2017-YaCoOPS-00029 deliverables
are met.
d. Submit to the County for reimbursement by monthly invoicing and reporting
that will draw from Floodplains by Design grants G1600008 and SEAFBD-
2017-YaCoOPS-00029 until such funds are exhausted or the grant defined
work is complete.
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e. Take ownership of the bypass dam from the current fish ladder south to the
intake diversion, the diversions, screen structures and associated piping.
f. Relinquish all claims of ownership of the approach channels to the new
Nelson Dam by-pass structure and any Powerhouse Road protection.
4. PERIOD OF PERFORMANCE. The period of performance of this Agreement will
commence with Floodplains by Design Ecology award of the grant and funding
becomes available to the County through the end of the grant including any
extensions granted. Financial performance will not continue past grant expiration.
County will provide assistance should grant be cancelled.
5. GRANT MATCH REQUIREMENT. The Ecology grant does not require match
funding.
6. BILLING PROCEDURE. The CITY shall submit monthly bills on the project
elements in 1 above to the County to reimburse work until Floodplains by Design
grants G1600008 and SEAFBD-2017-YaCoOPS-00029 funds are exhausted or
the grant defined work is complete.
7. AMENDMENTS. This Agreement contains all the terms and conditions agreed
upon by the parties. No change or addition to this Agreement is valid or binding
upon either party unless such change or addition is in writing and agreed to by
both parties.
8. INDEPENDENT CONTRACTOR. The parties agree that, for the purposes of this
agreement, the City is acting as an independent contractor and neither the City
nor any of its employees is entitled to any benefits that the County provides its
employees. The City hereby waives its immunity under workmen's compensation
laws, Title 51 RCW, for claims or lawsuits where the City or its employees or
subcontractors brings a legal action against County and/or its elected officials,
employees, agents or volunteers regarding injuries or damages that resulted
from the City or its employees and subcontractor's employees negligence
pertaining to this Agreement.
9. TERMINATION. Neither party shall terminate this agreement unless agreed to in
writing by the other party; and only following negotiations and agreement for the
completion or removal of any portion of the construction or the project that has
already commenced. The City and County acknowledge that each will be
benefited in the completion of the entire project and early termination will result in
consequential damages to the non -terminating party and the respective
communities that are to be benefited by the project. Such damages or claims will
be the responsibility of the terminating party.
10. DISPUTE RESOLUTION. In the event of a dispute between the Parties
regarding their respective rights and obligations pursuant to this Agreement, the
disputing Parties shall first attempt to resolve the dispute by negotiation. If a
dispute is not resolved by negotiation, the issues in dispute may be resolved
through mediation or arbitration, the cost to be shared equally.
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11. GOVERNING LAW AND VENUE. This Agreement shall be governed by the
laws of the State of Washington. Venue for any action or proceeding shall be in
the Superior Court of Yakima County.
12. ASSIGNMENT. The work to be provided under this Agreement, and any claim
arising thereunder, is not assignable or delegable by either party in whole or in
part, without the express prior written consent of the other party, which consent
shall not be unreasonable withheld.
13. INSURANCE. Each Party shall obtain and maintain in full force and effect for the
term of this Agreement, at its own expense, comprehensive general liability and
automobile insurance policies for bodily injury, to include death and property
damage including coverage for owned, hired or non -owned vehicles, as
applicable, for the protection of the Party, its elected and appointed officials,
officers, agents, employees and volunteers. The policies shall be primary
policies, issued by a company authorized to do business in the State of
Washington, or in City or County Risk Pool and providing single limit general
liability coverage of $2,000,000 Each Occurrence, $5,000,000 General aggregate
and separate automobile coverage of $2,000,000 Each Occurrence or the limit of
liability contained in State law, whichever is greater. If either party is unable to
obtain insurance as required by this paragraph, the Parties shall cooperate on
amending this Section to require types and levels of insurance that are available.
The certificates shall provide that the other Parties will receive thirty (30) days
written notice of cancellation or material modification of the insurance contract at
the address listed below. Each Party shall provide certificates of insurance to the
other Parties prior to the performance of any obligation under this agreement. If
requested, complete copies of insurance policies shall be provided to other
Parties. Each party shall be financially responsible for their own deductibles,
self-insurance retentions, self-insurance, or uninsured risks.
14. INDEMNIFICATION/HOLD HARMESS. Each Party shall defend, indemnify and
hold the other party, its officers, officials, employees and volunteers harmless
from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts, errors or omissions of the other
party in performance of this Agreement, except for injuries and damages caused
by the sole negligence of the other party. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in in
the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of
the other party, its officers, officials, employees, and volunteers, the County
liability, including the duty and cost to defend, hereunder shall be only to the
extent of the County negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the County's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. The waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
15. ATTORNEY'S FEES. If any legal action of proceeding is commenced relating to
this Agreement, each party will be responsible for its own attorneys' fees.
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16. INTEGRATION. This Agreement contains all of the terms and conditions agreed
on by the parties. No other understandings, oral or otherwise, regarding the
subject matter off this Agreement, are deemed to exist or to bind either of the
parties.
17. SEVERABILITY. If a court of competent jurisdiction holds any part, term or
provision of this Agreement illegal, or invalid in whole or in part, the validity of the
remaining provisions shall not be affected, and the parties' rights and obligations
shall be construed and enforced as if the Agreement did not contain the
particular provision held invalid.
If any provision of this Agreement is in direct conflict with any statutory provision
of the State of Washington, that provision which may be in conflict shall be
deemed inoperative and null and void insofar as it is in statutory conflict, and
shall be deemed modified to conform to the 19.1aw.
18. WAIVER. The waiver by either party of any term or condition of this Agreement
shall not operate in any way as a waiver of any other condition, obligation or term
or prevent either party from enforcing such provision.
19. SURVIVAL. The provisions of this Agreement shall survive its termination and
completion of Services where appropriate.
20. NONDISCRIMINATION. The County and the City acknowledge that they will not
discriminate against any person on the grounds of race, creed, color, religion,
national origin, sex, sexual orientation, age, marital status, political affiliation or
belief, or the presence of any sensory, mental or physical handicap in violation of
the Washington State Law Against Discrimination (RCW chapter 49.60) or the
Americans with Disabilities Act (42 U.S.C. 12101 et seq.) or any other applicable
state, federal or local law, rule or regulation.
21. ASSIGNMENT. The duties and obligations of the County and City under this
agreement are not subject to assignment without obtaining prior written approval.
22. CONTRACT ADMINISTRATION. Unless otherwise stated herein, all notices and
demands are required in written form and sent to the parties at their addresses
as follows:
TO CITY OF YAKIMA:
Scott Schafer, Public Works Director
City of Yakima
2301 Fruitvale Blvd.
Yakima, WA 98902
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COPY TO:
CITY OF YAKIMA
Cliff Moore, City Manager
129 North Second Street
Yakima, WA 98901
TO YAKIMA COUNTY:
Matt Pietrusiewicz
County Engineer
128 North Second Street, 4th Floor
Yakima, WA 98901
(509) 574-2300
CITY OF YAKIMA
Signature
Printed Name: Cliff Moore
Title: City Manager
Date:
Sonya Claar Tee, City C
City Contract No.
el sit
2014. e„‘
Resolution No. R-201P- ()el
DONE this day of 41,0101 , 20
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Attest: Rachel Michael
Clerk of the Board
tb form:
e�Uty Prosecuting Attorn
DONE this
day of
BOARD OF YAKIMA COUNTY COMMISSIONERS
Ron Anderson, Chairman
eita, Commissioner
J. Ra cl iott, Commissioner
Constituting the Board of County Commissioners
for Yakima County, Washington
7
BOCC346-2018
December 18, 2018
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.D.
For Meeting of: January 8, 2019
Resolution authorizing an I nterlocal Agreement with Yakima County
for design and construction associated with the Nelson Dam
Replacement
Scott Schafer, Public Works Director
David Brown, Assistant Public Works Director, 509.575.6204
SUMMARY EXPLANATION:
The City of Yakima (City) desires to enter into an I nterlocal Agreement (ILA) with Yakima County
(County) to transfer $4,734,723 Department of Ecology Floodplains grant funds from the County
to the City to complete the cooperative design and construction of the Nelson Dam and By-pass /
Rambler's Park project. No City matching funds are required.
Nelson Dam is located just upstream of the twin bridges on SR 12 where the City diverts water
for irrigation. It was damaged during the 1996 and 2011 floods and is nearing the end of its life -
expectancy. Stall will replace the existing Nelson Dam and the connected fish by-pass. This
work will reduce flood risk, impact flood risk maintenance and improve fish habitat conditions,
particularly for Endangered Species Act listed Steelhead and Bull Trout, by improving the natural
physical processes of the river. The project consists of:
• Demolition of existing site floodplain and channel structures
• Demolition of a portion of the existing Nelson Dam
• Construction of the new 2 acre Nelson Dam boulder by-pass and upstream weir
• Excavation of 2,500 feet of floodplain dam approach channel
• Placement of a road protection structure just upstream of the new Powerhouse Bridge
The City owns the current structure while the County owns the land. Since the structure design
was established with basin cooperation and physical model studies, this ILA eliminates conflicts
associated with having separate consultants and contractors working on this project. County staff
would remain involved in the design and inspection. The ILA is attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Partnership Development
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APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D reso 1212112016
O Agreement 12/14/2015
o draft memo aft/actinlent to contract 12/2612015
O tiavoggs 12;1412018
City Manager
Type
Corer Memo
Ccrtract
CAAer Men iu
Backup Material