HomeMy WebLinkAboutR-2007-102 Washington State Department of Transportation & Yakima County Cooperative AgreementRESOLUTION NO. R-2007-102
A RESOLUTION authorizing the City Manager to execute the attached and incorporated
Cooperative Agreement For Lower Naches River Floodplain
Enhancement between the Washington State Department of
Transportation, City of Yakima, and Yakima County for the removal of the
manmade river restriction known as the Ranney Well.
WHEREAS, the Washington State Department of Transportation, the City of Yakima
and Yakima County, collectively as the "PARTIES", previously entered into a Memorandum of
Understanding for the Development of the Lower Naches River Coordination Partnership Plan;
and
WHEREAS, the PARTIES determined as part of the previous partnership that removal
of the manmade river restriction known as the Ranney Well Site area will reduce high river flow
velocity and allow modification or removal of irrigation infrastructure in a manner to restore
floodplain functions and fish habitat; and
WHEREAS, the PARTIES recognize that an opportunity exists to begin implementation
of removal of the river restriction to mutual benefit of all parties; and
WHEREAS, the PARTIES agree that each PARTY's responsibilities in this step toward
the river restriction removal and habitat restoration should be defined by way of a formal
Cooperative Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to enter into
the attached and incorporated Cooperative Agreement For Lower Naches River Floodplain
Enhancement between the Washington State Department of Transportation, City of Yakima,
and Yakima County for the removal of the manmade river restriction known as the Ranney
Well; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated Cooperative Agreement For Lower Naches River Floodplain Enhancement
between the Washington State Department of Transportation, City of Yakima, and Yakima
County for the removal of the manmade river restriction known as the Ranney Well.
ADOPTED BY THE CITY COUNCIL this 17th day of July 2007.
Neil McClure, Mayor Pro Tem
ATTEST:
Deborah Moore, City Clerk
COOPERATIVE AGREEMENT
For Lower Naches River Floodplain Enhancement
Among Washington State Department of Transportation,
City of Yakima and Yakima County
THIS AGREEMENT is made and entered into this day of \ , 2001,
among the Washington State Department of Transportation, "STATE," ity . ' Yakima,
"CITY," and Yakima County ,"COUNTY," hereinafter referred to collectively as the
"PARTIES," and individually as the "PARTY."
WHEREAS, the PARTIES previously entered into a Memorandum of Understanding, in
October, 2004, for the Development of the Lower Naches River Coordination Partnership
Plan, and
WHEREAS, the PARTIES determined as part of the previous partnership that removal of the
manmade river restriction known as the RANNEY Well Site (SITE) area will reduce highriver
flow velocity and allow modification or removal of irrigation infrastructure in a manner to
restore floodplain functions and fish habitat, this work is hereinafter referred to as
"RESTORATION," and
WHEREAS, the PARTIES recognize that an opportunity exists to begin implementation of
removal of the river restriction to mutual benefit of all parties,
WHEREAS, the PARTIES agree that each PARTY's responsibilities in this step toward the
river restriction removal and habitat restoration should be defined,
NOW, THEREFORE, pursuant to chapter 39.34 RCW and in consideration of the terms,
conditions, covenants, and performances contained herein, and the attached Exhibit A and
Exhibit B which are incorporated and made a part hereof by this reference,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. GENERAL
1.1 The STATE has a current highway project authorized to protect the US 12 roadway
from chronic flood damage in the area between 40th Avenue Interchange and 16th
Avenue Interchange and requires alluvial fill material to incorporate into its river bank
protection project.
1.2 The CITY no longer has a need for the existing RANNEY Well Site and endorses the
opportunity for restoration identified in the Lower Naches River Coordination
Partnership Plan. The CITY will the remove the existing well house structure and
waste materials. The CITY has yet to secure funding for the CITY's RESTORATION
removal work.
1.3 The COUNTY is responsible for flood zone management and will participate in the
RESTORATION by flow modeling to determine the effects of fill removal, developing
grading and revegetation plans and revegetating the area after material is removed.
AGREEMENT GCA 5235 Page 1 of 7
The COUNTY has flood control funds available to complete the COUNTY's
RESTORATION work.
1.4 Should the CITY be unable to secure funding for its RESTORATION removal work
anticipated herein, all PARTIES to this AGREEMENT are released from the
obligations contained herein. Other arrangements for removal and stabilization may
be identified and addressed by separate agreements between the PARTIES when
funding is available. Other sources of material for the STATE's highway slope
stabilization may be utilized.
1.5 It is acknowledged by the PARTIES that the RESTORATION removal step provided
for in this AGREEMENT will not eliminate the river restriction. A second step involving
the relocation of the irrigation diversion structure will be necessary before the
restriction can be fully eliminated.
1.6 Plans and details of the RESTORATION removal work and the location of the highway
slope stabilization construction are located on EXHIBIT A.
2. WORK BY CITY
2.1 The CITY will request City Council budget approval for funds to decommission the
existing RANNEY well in the spring of 2008.
2.2 If CITY budget approval is granted, the CITY will remove the existing well house,
waste asphalt and concrete materials, scrap metal and other building materials from
the area above the 25 year flood level which are not suitable for relocation into the
aquatic habitat.
2.3 . The CITY hereby authorizes the STATE and COUNTY to remove the well site fill
material, remove the excess road material, and stabilize the SITE. Further, the CITY
has secured a letter from Ingham Orchards to permit the STATE and COUNTY
access authority across the Ingham Orchards' property to the well site.
3. WORK BY STATE
3.1 The STATE will contract with a third party to remove the alluvial fill material by
excavating, loading, hauling and finish grading of the well site and access road. The
CITY agrees that it is responsible for the costs of this work; however, the CITY further
agrees that the STATE may use the fill material in its highway project at no cost to the
STATE in exchange for the work to be performed by the STATE. The CITY and
STATE agree that the costs incurred by the STATE of removing the alluvial fill
material, as well as grading the well site and access road, are the rough equivalent of
the CITY's cost savings and the benefit received by the STATE for the use of the fill
material in its highway project.
3.1.1 The STATE and/or its contractor shall take necessary steps to water, gravel or
otherwise provide dust control on the access road and well site to control dust in order
to protect crops from excess dust damage.
AGREEMENT GCA 5235 Page 2 of 7
3.1.2 Operations on the access road and well site shall meet the air quality rules of
the local air pollution control authorities per section 1.07.5(4) of the Standard
Specifications for Road, Bridge and Municipal Construction published by the
Washington State Department of Transportation.
3.2 The removed fill material will be incorporated into the river bank stabilization along the
US 12 roadway slopes near the 16th Avenue Interchange.
3.3 The STATE may place excess material from the SITE not required for slope
stabilization within the 16th Avenue Interchange area in anticipation of future
improvements.
3.4 The STATE may place erosion control seed, fertilizer and mulch on the excavated
area at the COUNTY's request in accordance with Exhibit B, should suitable
equipment and timing be available in the STATE's contract or the erosion control work
may be accomplished by the STATE's Vegetation Restoration Crew.
4. WORK BY COUNTY
4.1 The COUNTY will develop a river flow model analyzing the effects of the restriction
reduction and regrading.
4.2 The COUNTY will develop grading and re -vegetation plans for the well site and access
road, depicting the area to be removed above the 25 year flood elevation..
4.3 The COUNTY will re -vegetate and stabilize the disturbed area to meet flood
management and fish habitat goals. The COUNTY may request the STATE to apply
erosion control materials to the excavated area either by the STATE's contractor, by
the STATE's Vegetation Restoration Crew in accordance with Exhibit B. If the
COUNTY does not request the STATE to perform the erosion control work, the
COUNTY may provide erosion control by other means.
5. PAYMENT
5.1 The activities encompassed by this AGREEMENT do not require any funds to be
exchanged among the PARTIES, except as provided in Sections 5.2, 5.3, and 5.4.
5.2 Should the COUNTY request the STATE to apply erosion control materials, the
County agrees to reimburse the STATE actual direct expenses for the work. An
estimate of cost is attached hereto as EXHIBIT B.
5.3 COUNTY, in consideration of the faithful performance of the work to be done by the
STATE, as provided in Sections 3.4 and 4.3, agrees to reimburse the STATE for its
actual direct expenses. Partial payments shall be made by COUNTY upon request by
the STATE to cover costs incurred. These payments shall not be more frequent than
one per month. Upon COUNTY's receipt of the STATE invoice, COUNTY shall make
payment to the STATE within thirty (30) days.
AGREEMENT GCA 5235 Page 3 of 7
5.4 It is agreed that partial payments will not constitute agreement as to the
appropriateness of any item and that at the time of final billing, all required
adjustments will be made and reflected in a final payment.
6. DISPUTE RESOLUTION
6.1 In the event that a dispute arises under this AGREEMENT, it shall be resolved by
each PARTY selecting one member to a disputes board. Those three members will
then select two additional members not connected to the PARTIES or the dispute. The
five member board shall review the facts and reach an equitable decision. The
decision made by this five member board shall be final and binding on the PARTIES
to this AGREEMENT. Expenses for the fourth and fifth board members shall be
shared equally among the PARTIES to this AGREEMENT. The PARTIES agree that
they shall have no right to seek relief under this AGREEMENT in a court of law until
and unless each of these preliminary steps is exhausted.
7. OWNERSHIP, RIGHT OF ENTRY AND INSPECTION
7.1 The CITY currently owns the SITE and has an access easement for the access road.
7.2 The CITY hereby grants to the STATE and the COUNTY a right of entry onto the
CITY's access easement and property to perform the work contemplated by this
AGREEMENT. This right of entry is valid until December 31, 2010 unless extended
by written modification.
7.3 For the duration of this AGREEMENT and any extensions thereof, any PARTY has the
right, upon reasonable prior notice to the other PARTIES, and in a reasonable manner
and at reasonable times, to enter and inspect the SITE to determine compliance with
this AGREEMENT and its Exhibits. Such inspection shall not unreasonably interfere
with the construction, operation, monitoring and maintenance of the SITE by the
PARTY which is currently operating at the SITE.
8. LEGAL RELATIONS
8.1 Each PARTY to this AGREEMENT shall protect, defend, indemnify, and save
harmless the other PARTIES, their officers, officials, employees, and agents, while
acting within the scope of their employment as such, from any and all costs, claims,
judgment, and/or awards of damages (both to persons and/or property), arising out of,
or in any way resulting from, each PARTY'S negligent acts or omissions with respect
to the work authorized by this AGREEMENT: No PARTY will be required to indemnify,
defend, or save harmless the other PARTIES if the claim, suit, or action for injuries,
death, or damages (both to persons and/or property) is caused by the sole negligence
of one PARTY. Where such claims, suits, or actions result from concurrent
negligence of the PARTIES, the indemnity provisions provided herein shall be valid
and enforceable only to the extent of each PARTY'S own negligence.
AGREEMENT GCA 5235 Page 4 of 7
8.2 This indemnification shall survive the termination of this AGREEMENT.
8.3 In the event that any PARTY deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES
hereto agree that any such action or proceedings shall be brought in a court of
competent jurisdiction situated in Yakima County, Washington. Further, each PARTY
shall be liable for its own litigation costs and attorneys fees.
9. TERM OF AGREEMENT AND MODIFICATION
9.1 This AGREEMENT shall become effective as of the date above written and shall
remain in effect until all performance objectives specified herein or by the regulatory
agencies and permits have been met, or unless otherwise terminated or modified as
provided herein. It is estimated that all the performance objectives will be met by
December 31, 2010.
9.2 No modification of this AGREEMENT is valid unless evidenced in writing and signed
by all PARTIES. No verbal agreement may supersede, replace or amend this
AGREEMENT.
9.3 No PARTY to this AGREEMENT shall transfer or assign any right or obligation
hereunder without the prior written consent of the other PARTIES.
10. TERMINATION
10.1 Any PARTY may terminate this AGREEMENT if any other PARTY is in default, and
the dispute resolution provisions of Section 6 have been fully exhausted. If this
AGREEMENT is so terminated, each PARTY shall be responsible for payment of their
own expenses for work performed prior to the effective date of termination.
10.2 Any PARTY may terminate this AGREEMENT, in whole or in part, immediately upon
notice to the other PARTIES, or at such later date as the terminating PARTY may
establish in such notice, upon the occurrence of any of the following events:
(a) If any PARTY fails to provide services as called for by this AGREEMENT
and Exhibits within the time specified herein or any extension thereof;
(b) If any PARTY fails to perform the work under the provisions of this
AGREEMENT and Exhibits, or so fails to pursue the work as to endanger
performance of this AGREEMENT and Exhibits in accordance with its terms,
and after receipt of written notice from the requesting PARTY fails to correct
such failures within ten (10) days or such longer period as the requesting
PARTY may authorize; or
(c) If federal or state laws, regulations or guidelines are modified or interpreted
in such a way that the work under this AGREEMENT and Exhibits is prohibited.
AGREEMENT GCA 5235 Page 5 of 7
10.3 Any termination of this AGREEMENT shall not prejudice any rights or obligations
accrued to the PARTIES prior to termination.
11. CONTACT LIST
The individuals listed below shall be considered key personnel for the administration of this
AGREEMENT. Should any PARTY require change of persons and/or address of the
individuals of their PARTY, written notification shall be provided to the other PARTIES
identifying such change.
CITY
STATE
CITY of YAKIMA
Washington State
Department of Transportation
Dave Brown
Gary Beeman
Water / Irrigation Division Manager
Region Environmental Manager
2301 Fruitvale Blvd
P.O. Box 12560
Yakima, Wa 98902
Yakima, WA 98909-2560
509-575-6204 Fax 509-575-6187
509-577-1750 Fax 509-577-1740
dbrown@ci.yakima.wa.us
beemang@wsdot.wa.gov
Cameron Kukes
509-577-1754
COUNTY
kukesc@wsdot.wa.gov
YAKIMA COUNTY
Joel Freudenthal
Fish and Wildlife Biologist
128 North 2nd Street
Yakima, Wa 98901
509-574-2322
joel.freudenthal@co.yakima.wa.us
AGREEMENT GCA 5235
Page 6 of 7
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the
day and year first above written.
YAKIMA COUNTY
BOARD OF YAKIMA COUNTY COMMISSIONERS
ichael D. Leita,
Ic-Z.
onald F. Gamache, Commissioner
J. ' . Elliott, Commissioner
Attest: C
Steiner, Clerk of the Board
Dated this day of
Appro as to Form:
CITY OF YAKIMA
R. A. Zais, r., City Manager
Deborah Moore, City Clerk
Date -71///0
•Ppp'ROVED AS TO FORM:
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CITY CONTRAC r No:
RESOUITION N0:
D- •uty Pr• -cu mg Attorney
Date
City Attorney
WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION
By:
Don Whitehouse Region Administrator
APPROVED AS TO FORM:
Date: r` /0 "0
QQ
Assistant Attorney Gener
AGREEMENT GCA 5235 Page 7 of 7
AGREEMENT GCA 5235 - EXHIBIT A
Vicinity Map - Ranney Well Site
Sheet 1 of 4 Sheets
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AGREEMENT GCA 5235 - EXHIBIT A
Plan - Ranney Well Site
Sheet 2 of 4 Sheets
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V 1I8IHX3 SUS VDO 1N31/133219t1
1 The photo shows the Ranney Well House and access
road. The dashed line shows the approximate fill
removal line. The Naches River is to the left.
2. This photo is taken from a cobble bar adjacent to the
river. The Jeep in the background is parked on the
access road. which will be removed for fill. The
dashed line shows the approximate removal line.
3. This photo is from floodplain -level. adjacent to the
access road. The dashed line shows the approximate
removal line. The cottonwoods that are circled will
likely be taken down and left on site.
•
4
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4. This photo is taken from the top of the fill material.
near the well house. Note the natural floodplain to the
left of the access road. The dashed line shows the
approximate removal line.
5. The photo point here is from below the well house.
taken from floodplain elevation. The dashed line
shows the approximate removal line.
AGREEMENT GCA 5235
EXHIBIT B - COST ESTIMATE
Erosion Control Seeding - Work may be requested by COUNTY*
ITEM
NO.
ITEM
0001 Mobilization
0002 Seeding , Fertilizing & Mulching
QTY UNIT UNIT PRICE AMOUNT
L.S. L.S. $100.00 $100.00
1 ACRE $1,000.00 $1,000.00
SUBTOTAL
SALES TAX 8.20%
SUBTOTAL
STATE Construction Engineering 15.00%
STATE Overhead (11.44%) - no charge see Agmt OH 00168
TOTAL
$1,100.00
$90.20
$1,190.20
$178.53
$0.00
$1,368.73
The maximum amount reimbursable by this AGREEMENT is $1,368.73 mulitplied by
1.25 (25% allowable overrun factor) to yield
* The COUNTY may request that the STATE incorporate this work into the STATE's project to be
advertised for bids. If during the development of the plans, it appears that similar work will not be
included or that the timing is not compatible, the COUNTY may request that the STATE's Vegetation
Restoration Crew perform the work or the COUNTY may select to perform the work by other means.
$1,710.91
The amount shown above ( $ 1,710.91) shall be the maximum payable without a written supplement to this AGREEMENT.
Notes:
The above Mobilization costs are estimates. Actual Mobilization costs for the agreement will
be a proportion of the total mobilization costs based on the ratio of the agreement group costs
1.) to the entire contract group costs.
The above Construction Engineering costs are estimates. Actual costs for the agreement will be a proportion of the
total Construction Engineering costs based on the ratio of the agreement group costs to the entire contract group
2.) costs.
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. D
For Meeting of July 17, 2007
A Resolution authorizing the City Manager to execute the attached and
incorporated agreement between the Washington State Department of
Transportation, City of Yakima, and Yakima County for the removal of the
manmade river restriction known as the Ranney Well.
SUBMITTED BY: Dave Brown, Water/Irrigation Manager
Dave Zabell, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dave Brown / 575-6204
SUMMARY EXPLANATION:
On October 19 of 2004 the City of Yakima entered into an agreement with the Washington Department of
Transportation (WSDOT) and with Yakima County to form the Lower Naches River Coordination
Partnership (LNRCP). The LNRCP produced a the Lower Naches River Coordination Project report in
September 2005. This report identified some twenty (20) projects that are need to restore the Lower
Naches River.
40 The County was the first of the Partnership participants to begin completing projects identified in the report.
They are in the middle of completing the Comprehensive Flood Hazard Management Plan and the Federal
Emergency Management Agency Flood Plain Mapping.
One of the projects identified in the report for the City is to remove the Ranney Well and the fill material
around the well. The water right for the Ranney Well was moved to a new location in August of 2006. The
water right transfer requires the decommissioning of the Ranney Well. So we can prepare for the eventual
restoration of this area, including the moving of the Fruitvale Canal Diversion, the fill material placed for the
protection of the Ranney Well must be removed.
Cont...
Resolution X Ordinance Contract _X Other Specify)
Mail to: Cameron Kukes; WSDOT.; PO Box 12560.; Yakima, WA 98909-2560_Phone: (509) 577-1754
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Approve resolution authorizing the City Manager to execute the accompanying agreement between the
Washington State Department of Transportation, City of Yakima, and Yakima County for the removal
of the manmade river restriction known as the Ranney Well.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2007-102
Cont...
The WSDOT is need of a large quantity of fill material for the US Highway 12 40th Ave to 16th Ave. project.
WSDOT is willing to remove the fill and restore the area around the Ranney Well at not cost to the City. So
we can proceed we need to execute the attached agreement.
Staff respectfully requests the City Council to approve agreement between the Washington State
Department of Transportation, City of Yakima, and Yakima County for the removal of the manmade
river restriction known as the Ranney Well.
•