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07/02/2019 06E Amendment to Interlocal Agreement with County; Flood Control Project ti i..asxntntj kd d g$Ag aY ae.. x°'naa.x,,4n BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.E. For Meeting of: July 2, 2019 ITEM TITLE: Resolution authorizing an amendment to an Interlocal Agreement with Yakima County for Shaw Creek and Wide Hollow Creek Pre- Disaster Mitigation Flood Control Project SUBMITTED BY: Scott Schafer, Director of Public Works Bob Desgrosellier,Acting Chief Engineer,575-6228 SUMMARY EXPLANATION: In 2014, Yakima County Public Services Division received a FEMA grant of$2,667,500 to address deficiencies with two bridges within the City of Yakima limits at Wide Hollow Creek and Shaw Creek, as well as relocation of the Shaw Creek channel. Yakima County is the lead agency for Environmental Review under S EPA, as well as project manager for this project. The City of Yakima is obligated to contribute $200,000 as the local match, which was provided by a Department of Ecology(DOE)grant. A recent design and cost estimate to replace the two bridges, indicated that it exceeds available project funds at a cost of over$2,000,000. The original grant estimated a cost of only$500,000 for the replacement of one bridge, while providing adequate funding for the remainder of the project. Updated engineering and modeling studies indicated that installing box culverts as high flow bypass channels parallel to the existing bridges rather than replacing the bridges, would increase the required conveyance capacity to pass the 100-year flood event and be constructed within the project's original budget. The two box culverts were estimated to cost approximately $600,000. The City of Yakima requests an amendment to Floodplain by Design grant No. G1400651 to accomplish the following objectives: 1. Amend the grant's scope of work from bridge design and replacement, to the design of box culverts and right-of-way acquisition for part of the Shaw Creek relocation channel. 2. Amend the Scope of Task 2 to design of box culverts. 3. Amend the Scope of Task 3 to right-of-way acquisition for part of the Shaw Creek relocation channel. 4. Amend the cost share rate to 80% State share and 20% City of Yakima share, up to a maximum eligible project cost of$250,000 2 5. Extend the grant agreement effective date to December 31, 2019 No City General Funds are involved with this project. The City WU continue to pass through the $200,000 Department of Ecology grant in order to match the FE MA grant administered by Yakima County. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Resolution B,r13r2019 Resolution D Amendment to LA 6/20/2019 Co,r Memo D Statement of Purpose eI13'2019 Backup Material 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing an amendment to an Interlocal agreement with Yakima County for Shaw Creek and Wide Hollow Creek Pre-Disaster Mitigation Flood Control Project. WHEREAS, the current Interlocal Agreement (ILA) adopted by resolution R-2014-136 on November 18, 2014 outlines the tasks and responsibilities of the City of Yakima and Yakima County in the management of the grant funds provided by other government agencies to implement the Shaw and Wide Hallow Creek Pre-Disaster Mitigation Flood Control Project; and, WHEREAS, the City still provides the local financial match of 25% and the Federal Emergency Management Agency's grant [FEMA grant] still provides the remaining 75% of the cost of the bridge structures; and WHEREAS, the City's current Washington State Department of Ecology [DOE] Floodplains by Design grant will increase their reimbursement of City's match from 25% to 80% of the City's matching contribution to the match for box culverts which includes land acquisition and related costs; and WHEREAS, the City finds that it is in the best interest of the City to accept the change in the terms of the December 2, 2014 ILA to reflect that the City will reimburse the County the City's 80% matching contribution authorized by the amended DOE Floodplains by Design grant. WHEREAS, this amendment is necessary to adjust the increase of the reimbursement allocation due to the Washington State Department of Ecology grant having been amended to provide 80% of the City's matching funds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an amendment to Interlocal Agreement adopted by resolution R-2014-136, attached hereto and incorporated herein by this reference, to amend the previously adopted Interlocal Agreement as described in the Amendment. ADOPTED BY THE CITY COUNCIL this 2' day of July, 2019. Kathy Coffey, Mayor ATTEST: Sonya Clear Tee, City Clerk 4 FIRST AMENDMENT TO: INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY AND THE CITY OF YAKIMA REGARDING THE SHAW AND WIDE HOLLOW CREEKS PRE-DISASTER MITIGATION FLOOD CONTROL PROJECT. RECITALS THIS AGREEMENT is entered between Yakima County, Washington(hereinafter the"County')through its Public Services Department,whose address is County Courthouse, 128 North 2nd Street, 4th Floor, Yakima, Washington 98901, and the City of Yakima(hereinafter the"City")whose address is 129 N. 2nd Street Yakima, Washington 98901, pursuant to RCW 39.34.080; and WHEREAS, the County and the City entered into an Interlocal Agreement(ILA) on December 2, 2014 to define the responsibilities and duties of the City and County for the management of the grant funds provided by other government agencies to implement the Shaw and Wide Hollow Creek Pre-Disaster Mitigation Flood Control Project; and WHEREAS, the City has agreed that they will provide the local financial match of 25%of the cost of the Bridge Structures, and that the Federal Emergency Management Agency's grant[FEMA grant] will provide the remaining 75%of the funding; and WHEREAS,the City currently has a Washington State Department of Ecology[DOE]Floodplains by Design grant that provided 25%of the City's match;but that has been amended to now provide 80%of the City's matching contribution, and that also changes the bridge construction match to the match for box culverts which includes land acquisition and related costs; and WHEREAS, the City and County fully agree it's in the best interest to change the terms of the December 2, 2014 ILA to reflect that the City will reimburse the County the City's 80% match funds authorized by the amended DOE Floodplains by Design grant. AMENDMENT: Section 3 of the Interlocal Agreement Between the City of Yakima and Yakima County: Shaw and Wide Hollow Creeks Pre-Disaster Mitigation Flood Control Project is hereby amended to read as follows: The first sentence of Section 3(1) is hereby amended to read as follows: Provide the local financial match of 80%for the costs of the City of Yakima bridges, structures or box culverts that equals the funds provided by the amended DOE Grant. The remaining portion of section 3(1) remains in full force and effect and the rest of the terms and conditions of the December 2, 2014 Interlocal Agreement are not altered in any way other than as listed herein. This Amendment to the Original Inter-local Agreement as attached shall be in full force and effect when executed by the City and County. Dated this day of, , 2019. CITY OF YAKIMA BOARD OF COUNTY COMMISSIONERS City Manager Michael D. Leita, Chairman City Clerk Norm Childress, Commissioner Ron Anderson, Commissioner ATTEST: Clerk of the Board 5 Amendment Request Grant: G1400651,Shaw Creek Flood Mitigation Project Wide Hollow Creek Bridge Conveyance Requested Changes The City of Yakima requests an amendment to Floodplain by Design (FbD) grant No. G1400651 to accomplish the following objectives: 1. Amend the grant's scope of work from bridge design and replacement,to the design of box culverts and right-of-way acquisition for part of the Shaw Creek relocation channel. 2. Amend the scope of Task 2 to design of box culverts. 3. Amend the scope of Task 3 to right-of-way acquisition for part of the Shaw Creek relocation channel. 4. Amend the cost share rate to 80% State share and 20% City of Yakima share, up to a maximum eligible project cost of$250,000. 5. Extend the grant agreement effective date to December 31, 2019 Background In (2012), the City of Yakima partnered with Yakima County to complete the Shaw and Wide Hollow Creek Flood Control Project to reduce flood risk to residences and infrastructure in the Cottonwood Grove, Westbrook and Clinton Way subdivisions in Yakima, WA. Flood modeling by the FEMA consultant indicated that flooding out of Shaw Creek would flood a part of the Cottonwood grove subdivision and neighboring residential areas. In 2016 and 2017, actual flooding did occur from Shaw Creek into the Cottonwood grove subdivision and Wide Hollow flooding also occurred along a number of areas in the Wide Hollow drainage. To accomplish the goal of reducing flooding in the above-mentioned residential areas, the proponents will re-route Shaw Creek through a relocation channel following South 92nd Avenue until it joins Wide Hollow Creek at its intersection with Wide Hollow Road. The completion of the project will facilitate the removal of residences and infrastructure in the subdivisions from the regulatory floodplain. The City of Yakima obtained Floodplains by Design (FbD) Grant No. G1400651 to provide its cost share as match to a FEMA Pre-Disaster Mitigation Grant awarded to Yakima County. The intent of this grant was to design and replace City of Yakima bridge #80 on Wide Hollow Road and City of Yakima bridge #449 on South 80th Avenue. The existing bridges will not be capable of passing the 100-year flood once Shaw Creek is relocated into Wide Hollow Creek, so new structures are needed to increase conveyance capacity at these points. Need for amendment A recent design and cost estimate to replace City of Yakima Bridge#80 and#449 exceeds available project funds at a cost of over $2,000,000. The original grant estimated a cost of$500,000 for the replacement of one bridge, while providing adequate funding for the remainder of the project. During design, the modeling indicated the need to replace two bridges. The bridge designs were 30% complete and the engineer's estimate for one bridge came in at $1,600,000. Updated 6 engineering and modeling studies indicated that installing box culverts as high flow bypass channels parallel to the existing bridges rather than replacing the bridges would increase conveyance capacity to pass the 100-year flood and be constructed within the project's budget. Two box culvers were estimated to cost approximately$600,000. It took a year to pursue additional funding, and get the appropriate approvals from FEMA and the permitting agencies to change the scope to box culverts, and initiate a modified contract with the bridge designer. The new scope was modeled and the channel was re-designed. Following the determination to install box culverts adjacent to the existing City of Yakima bridges instead of replacing the existing bridges, Task 2 of the FbD grant needs to be amended to box culvert design. In December of 2018,the scope of the professional services agreement with KPFF Consulting Engineers was modified to perform the design of box culverts instead of bridge replacements. This work should be completed by KPFF by November of 2019. Hydraulic modelling will continue to be completed by Yakima County in support of this task. Spending the FbD grant in a timely manner has been difficult due to delays caused by the environmental documentation process, as well as, changing the scope from bridges to box culverts, and pursuing additional funding. Permitting and the acquisition process has also delayed the project. In acknowledgement of these delays, it is necessary to change the scope of Task 3 to right- of-way acquisition for part of the Shaw Creek relocation channel. The current project schedule estimates box culvert construction beginning in May of 2019 which is significantly after the current end of the FbD agreement. After analyzing the project, right-of-way acquisition was identified as a critical next step in the overall Shaw and Wide Hollow Creek Flood Control Project. Right-of-way acquisition is needed prior to the construction of the Shaw Creek relocation channel and the ultimate re-routing of Shaw Creek into Wide Hollow Creek. Eligible expenses for this task would include appraisal, review appraisal and right-of-way acquisition and other supporting documents. The grant's cost share rate has also slowed spending because the City of Yakima is reimbursed for eligible expenses at a rate of 25%match to the PDM grant, up to a maximum eligible project cost of$800,000. Changing the cost share rate to 80%state share and 20% City of Yakima share up to a maximum eligible project cost of$250,000 would allow the City of Yakima expend the grant more efficiently. In support of the changes outlined above, the City of Yakima requests FbD Grant No. G1400651 be extended to December 31, 2019 to complete the required work and close out the grant. Bud pet The spreadsheet that details how the FbD Grant will be spent has been modified.