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02/16/2021 04K WWTP Levee; Cooperation Agreement with US Army Corps of Engineers to\'4\lyy tbxk ik 1 + PPP d g. P A P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.K. For Meeting of: February 16, 2021 ITEM TITLE: Resolution authorizing a Cooperation Agreement with the United States Army Corps of Engineers to rehabilitate a segment of levee protecting the Wastewater Treatment Plant SUBMITTED BY: Scott Schafer, Director of Public Works David Brown,Assistant Director of Public Works Mike Price, Wastewater/Stormwater Manager, 249-6815 SUMMARY EXPLANATION: This is a resolution authorizing the City Manager to execute a Cooperation Agreement with the United States Army Corps of Engineers (Corps)to perform repair work on a section of the levee that protects the Wastewater Treatment Plant. High water events since 2009, when the Corp last performed repair work on this levee segment, have caused serious damage to the levee that places wastewater treatment infrastructure in jeopardy from Yakima River floods. Under the Corps of Engineers PL 84-99 program, the City of Yakima will pay 20% of the total construction costs and the Corps of Engineers will pay all remaining costs including design, administration, and the remaining 80% of construction. The total estimated project cost is $472,800 with the City's share estimated at$86,600. The Agreement is attached for City Council review. The City's contribution is funded by Wastewater Capital Fund 478. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type 2 D Rtrir=olution 10712T1 Resolution D Cooprral ion Agrnernoot 2r1n/21171 Contract 3 RESOLUTION NO. R-2021- A RESOLUTION authorizing a Cooperation Agreement with the United States of America Army Corps of Engineers to rehabilitate a segment of the levee protecting the City of Yakima Wastewater Treatment Plant WHEREAS, the City of Yakima sponsors and maintains a segment of the Yakima River levee that protects the Yakima Wastewater Treatment Plant; and WHEREAS, flood events have damaged this section of levee and the City of Yakima has requested levee repair assistance from the Corps of Engineers; and WHEREAS, pursuant to 33 U.S.C. 701n, the United States Army Corps of Engineers is authorized to assist the levee sponsor in the repair or restoration of flood control improvements threatened or destroyed by flood; and WHEREAS, repair of the levee will provide better protection for valuable City of Yakima infrastructure at the Wastewater Treatment Plant; and WHEREAS, under Public Law 84-99 Rehabilitation Assistance the sponsor is eligible for repair project cost share with a sponsor contribution of 20% of the total construction cost and the Corps of Engineers paying the balance of the project costs including design, administration, and 80% of the total construction costs; and WHEREAS, repair of the existing levee will keep the City of Yakima compliant with Public Law 84-99 and eligible for future assistance from the Corps of Engineers on flood related issues; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to provide $86,600 of the total $472,800 project cost for the Wastewater Treatment Plant levee repair; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached Cooperation Agreement between the United States of America, Department of the Army Corps of Engineers, and the City of Yakima for the Rehabilitation of a Non-Federal Flood Control Work which will rehabilitate the levee protecting the Wastewater Treatment Plant ADOPTED BY THE CITY COUNCIL this 16' day of February, 2021. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk 4 COOPERATION AGRFEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF YAKIMA FOR REHABILITATION OF A NON-FEDERAL FLOOD CONTROL WORK JOB NO. YAK-02-20 THIS AGREEMENT,entered into this day of , 20 , by and between THE DEPARTMENT OF THE ARMY (hereinafter referred to as the "Government") represented by the District Engineer, Seattle District, U.S. Army Corps of Engineers, and the City of Yakima, (hereinafter referred to as the "Public Sponsor"), represented by the City of Yakima Executive, Yakima, Washington. WITNESSETH THAT: EREAS,pursuant to 33 U.S.C. 701n, the Government is authorized to assist in the repair or restoration of flood control improvements threatened or destroyed by flood; WHEREAS,via written correspondence, the Public Sponsor has requested the Government to repair or restore a certain flood control work damaged by recent flooding or coastal storms, in accordance with 33 U.S.C. 701n and established policies of the U.S. Army Corps of Engineers; and, WHEREAS,the Public 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 rehabilitation effort in accordance with the terms of this Agreement. NOW,THEREFORE, the Government and the Public Sponsor agree as follows: 5 ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS For purposes of this agreement: A. The term "Rehabilitation Effort" shall mean repairing the levee in-kind to restore the levee to its pre-damage level of protection, as generally described in the Project Information Report(PIR), Rehabilitation of Flood Control Works, Yakima Wastewater Treatment Plant Levee Yakima County, Washington (YAK-02-20), prepared by the District Engineer, Seattle District, U.S. Army Corps of Engineers and approved by the Northwestern Division Engineer on July 30, 2020. B. The term "Rehabilitation Effort costs" shall mean all costs incurred by the Public Sponsor and the Government, in accordance with the terms of this Agreement, directly related to implementation of the Rehabilitation Effort. The term shall include, but is not necessarily 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 XIIA. The term shall not include any costs for operation and maintenance; any costs that correct deferred or deficient maintenance; any increased costs for betterments or Public Sponsor preferred alternatives; or the costs of lands, easements, rights-of-way, relocations, or suitable borrow and dredged or excavated material disposal areas required for the Rehabilitation Effort. C. The term "betterment" shall mean the design and construction of a Rehabilitation Effort feature accomplished on behalf of, or at the request of, the Public Sponsor, in accordance with standards that exceed the standards that the Government would otherwise apply for accomplishing the Rehabilitation Effort. ARTICLE II - OBLIGATIONS OF THE GOVE' MENT AND PUBLIC SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States and using those funds and funds provided by the Public Sponsor, shall expeditiously implement the Rehabilitation Effort, applying those procedures usually followed or applied in Federal projects, pursuant to Federal laws, regulations, and policies. The Public Sponsor shall be afforded the opportunity to review and comment on solicitations for all contracts, including relevant plans and specifications, prior to the issuance of such solicitations. The Contracting Officer will, in good faith, consider the comments of the Public Sponsor, but award of contracts, modifications or change orders, and performance of all work on the Rehabilitation Effort(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 Ill, the Public Sponsor shall provide all lands, easements, and rights-of-way, and suitable borrow and dredged or excavated material 2 6 disposal areas, and perform all relocations determined by the Government to be necessary for construction, operation, and maintenance of the Rehabilitation Effort and the Project. C. As further specified in Article IV, the Public Sponsor shall contribute, in cash, in-kind services, or a combination thereof; a contribution toward construction of the Rehabilitation Effort in an amount equal to 20 percent of total Rehabilitation Effort costs. D. The Public Sponsor shall not use Federal funds to meet its share of total Rehabilitation Effort costs under this Agreement unless the Federal granting agency verifies in writing that the expenditure of such funds is expressly authorized by statute. E. The Public Sponsor shall hold and save the Government free from all damages arising from the construction, operation, and maintenance of the Rehabilitation Effort, and any related betterments, except for damages due to the fault or negligence of the Government or the Government's contractors. F. The Public Sponsor agrees to participate in and comply with the policies and procedures of the U.S. Army Corps of Engineers Rehabilitation and Inspection Program. G. The Public Sponsor may request the Government to accomplish betterments. The Public 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 Public Sponsor in accordance with Article IV. ARTICLE III- LANDS, RELOCATIONS, DISPOSAL AREAS, AND PUBLIC LAW 91-646 COMPLIANCE A. The Government shall provide the Public Sponsor with a description of the anticipated real estate requirements and relocations for the Rehabilitation Effort. Thereafter, the Public 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 Rehabilitation Eftbrt. 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 solicitation of that construction contract. B. The Public Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform 3 7 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 Rehabilitation Effort, including those necessary for relocations, borrow materials, and dredged and excavated material disposal, and shall inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV- METHOD OF PAYMENT A. The Public Sponsor shall provide, during the period of construction, cash payments, in-kind services, or a combination thereof, required to meet the Public Sponsor's obligations under Article II of the Agreement. Total construction costs for the Rehabilitation Effort are currently estimated to be $432,800 and the Public Sponsor's share (cash and services in kind) of total Rehabilitation Effort costs is currently estimated to be $86,570. In order to meet Public Sponsor's cash payment requirements, the Public Sponsor must provide a cash contribution estimated to be $86,570. 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 Public 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 Public Sponsor of the Public Sponsor's estimated share of the total Rehabilitation Effort costs including the Public Sponsor's estimated share of the costs attributable to the Rehabilitation Effort incurred prior to the initiation of construction. Within five calendar days thereafter, the Public Sponsor shall provide the Government the full amount of the required contribution by delivering a check payable to "FAO, USAED Seattle" to the Contracting Officer representing the Government. The Government shall draw on the funds provided by the Public Sponsor such sums as the Government deems necessary to cover contractual and in-house fiscal obligations attributable to the Rehabilitation Effort as they are incurred, as well as Rehabilitation Effort costs incurred by the Government. In the event that Rehabilitation Effort costs are expected to exceed the estimate given at the outset of construction, the Government shall immediately notify the Public Sponsor of the additional contribution the Public Sponsor will be required to make to meet the Public Sponsor's share of the revised estimate. Within ten calendar days thereafter, the Public Sponsor shall provide the Government the full amount of the additional required contribution. C. During the period of construction, the Government will provide periodic financial reports on the status of the total Rehabilitation Effort costs and status of contributions made by the Public Sponsor. Upon completion of the Rehabilitation Effort and resolution of all relevant contract claims and appeals, the Government shall 4 8 compute the Rehabilitation Effort costs and tender to the Public Sponsor a final accounting of the Public Sponsor's share of Rehabilitation Effort costs. 1. In the event the total contribution by the Public Sponsor is less than the Public Sponsor's required share of total Rehabilitation Effort costs, the Public 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 Public Sponsor's required share of Rehabilitation Effort costs. 2. In the event total contribution by the Public Sponsor is more than the Public Sponsor's required share of Rehabilitation Effort costs, 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 Public Sponsor; however, the Public Sponsor shall not be entitled to any refund for in-kind services. In the event the existing funds are not available to repay the Public Sponsor for excess contributions provided, the Government shall seek such appropriations as are necessary to repay the Public Sponsor for excess contributions provided. ARTICLE V - CREDITING OF IN-KIND SERVICES The Government has approved a credit for In-Kind Services, compatible with the Rehabilitation Effort, in the estimated amount of$0.00 for implementation of such services by the Public Sponsor. The affording of such credit shall be subject to an onsite inspection by the Government to verify that the work was accomplished in a satisfactory manner and is suitable for inclusion in the Rehabilitation Effort. Crediting and/or reimbursement is subject to satisfactory compliance with applicable Federal labor laws covering non-Federal construction, including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 U.S.C. 276a et seq.),the Contract Work Hours and Safety Standards Act(formerly 40 U.S.C. 327 et seq.)and the Copeland Anti-Kickback Act(formerly 40 U.S.C. 276c)). Crediting and/or reimbursement may be withheld, in whole or in part, as a result of the Non-Federal Sponsor's failure to comply with its obligations under these laws. The actual amount of such credit shall be subject to an audit conducted to determine reasonableness, allocability, and allowability of costs. The Government shall apply the credit amount toward any additional cash contribution required under this Agreement. The Public Sponsor shall not receive credit for any amount in excess of such additional cash contribution, nor shall the Public Sponsor be entitled to any reimbursement for any excess credit amount. 5 9 ARTICLE VI - OPERATION AND MAINTENANCE A, After the Contracting Officer has determined that construction of the Rehabilitation Effort is complete and provided the Public Sponsor with written notice of such determination, the Public Sponsor shall operate and maintain the Project, at no cost to the Government, in accordance with specific directions prescribed by the Government in Engineer Regulation 500-1-1 and any subsequent amendments thereto. B. The Public Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon land that the Public Sponsor owns or controls for access to the Project for the purposes of inspection, and, if necessary, for the purpose of completing, operating, and maintaining the Project. If an inspection shows the Public Sponsor for any reason is failing to fulfill the Public Sponsor's obligations under this Agreement without receiving prior written approval from the Government, the Government will send a written notice to the Public Sponsor. If, after 30 calendar days from receipt of such notice, the Public 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 Public Sponsor owns or controls for access to the Project for the purposes 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 Public Sponsor of responsibility to meet the Public 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 VII FEDE' L AND STATE LAWS In the exercise of the Public Sponsor's rights and obligations hereunder, the Public Sponsor agrees to comply with all applicable Federal and state laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto; Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army"; and all applicable Federal labor standards requirements including, but not limited to, 40 U.S.C. 314 I-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act(formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act(formerly 40 U.S.C. 327 et seq.)and the Copeland Anti-Kickback Act(formerly 40 U.S.C. 276c)). ARTICLE VIII - ' LATIONSHIP OF PARTIES The Government and the Public 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, nor employee of the other. 6 10 ARTICLE IX -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 X - COVENANT AGAINST CONTINGENT FEES The Public 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 Public 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 XI -TE' INATION OR SUSPENSION If at any time the Public Sponsor fails to carry out its obligations under this Agreement, the District Engineer shall terminate or suspend work on the Rehabilitation Effort, unless the District Engineer determines that continuation of work on the Rehabilitation Effort 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 this Rehabilitation Effort and 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 Rehabilitation Effort 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 Public Sponsor elects to proceed with further construction or terminates this Agreement. ARTICLE XII - HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the Contracting Officer, the Public Sponsor shall perform, or cause to be performed, such investigations for hazardous substances as are determined necessary by the Government or the Public Sponsor to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)42 U.S.C. Sections, 9601-9675, on lands necessary to Rehabilitation Effort construction, operation, and maintenance. All actual costs incurred by the Public Sponsor that arc properly allowable and allocable to performance of any such investigations for hazardous substances shall be included in total Rehabilitation Effort costs and cost shared as a construction cost. 7 11 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 or the Rehabilitation Effort contain any hazardous substances regulated under CERCLA, the Public Sponsor and the Government shall provide prompt notice to each other, and the Public Sponsor shall not proceed with the acquisition of lands, easements, rights-of-way, or disposal areas until mutually agreed. C. The Government and the Public Sponsor shall determine whether to initiate construction of the Rehabilitation Effort, or, if already in construction, to continue with construction of the Rehabilitation Effort, or to terminate construction of the Rehabilitation Effort 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 Rehabilitation Effort. Should the Government and the Public Sponsor determine to proceed or continue with the construction after considering any liability that may arise under CERCLA, the Public Sponsor shall be responsible, as between the Government and the Public 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 Rehabilitation Effort costs as defined in this Agreement. In the event the Public Sponsor fails to provide any funds necessary to pay for clean-up and response costs or to otherwise discharge the Public Sponsor's responsibilities under this paragraph upon direction by the Government, the Government may either terminate or suspend work on the Rehabilitation Effort or proceed with further work as provided in Article XI of this Agreement. D. The Public Sponsor and 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 Public Sponsor, the Public Sponsor shall be considered the operator of the Project (which the Rehabilitation Effort is repairing and restoring) for purposes of CERCLA liability. To the maximum extent practicable, the Public Sponsor shall operate and maintain the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XIII - NOTICES A. All notices, requests, demands, and other communications required or permitted to he 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 prepaid), registered, or certified mail, as follows: 8 12 If to the Public Sponsor: If to the Government: Mr. Mike Price and Mr. Marc Cawley District Engineer City of Yakima 4735 E. Marginal Way S, Bldg. 1202 2220 East Viola Ave Seattle, WA 98134 Yakima, WA 98901 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 addressee at such time as it is either personally delivered, or, seven calendar days after it is mailed, as the case may be. IN WITNESS HE ' OF, 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 A ' Y CITY OF YAKIMA BY: BY: Alexander "Xander" L. Bullock Robert Harrison Colonel, Corps of Engineers City of Yakima Executive District Commander DATE: DATE: 9 13 CERTIFICATE OF AUTHORITY I, Sara Watkins, do hereby certify that I am the principal legal officer for the City of Yakima, 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 Rehabilitation of Non-Federal Flood Control Work, Yakima Wastewater Treatment Plant Levee, and to pay damages in accordance with the terms of this Agreement, if necessary, in the event of the failure to perform, as required by Section 221 of Public Law 91-611 (42 U.S.C. Section 1962d-5b), and that the persons who have executed this Agreement on behalf of the City of Yakima, have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20 . By designation SA' • WATKINS Attorney City of Yakima 10 14 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (I) 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 at 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 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. DATED this day of , 20 . ROBERT HARRISON City of Yakima Executive II 15 DATE Department of the Army Seattle District, Corps of Engineers ATTN: Real Estate Division Post Office Box 3755 Seattle, Washington 98124-3755 RE: Certification of Lands and Authorization for Entry for the Yakima Wastewater Treatment Plant Levee Rehabilitation Project, Job No. YAK-02-20 located on the right bank of the Yakima River in Yakima County, Washington. Dear Ladies and Gentlemen: The City of Yakima (hereinafter referred to as the "Public Sponsor") has assumed full responsibility to fulfill the requirements of non-federal cooperation specified in a Cooperation Agreement dated the day of 20 , with the United States of America for Public Law 84-99 levee rehabilitation effort on the right bank of the Yakima River in Yakima County, Washington, Job No. YAK-02- 20. Article II. B. of the Cooperation Agreement requires Public Sponsor to provide all lands necessary for the construction, operation, and maintenance of the Levee Rehabilitation Effort and Project. This is to certify that the Public Sponsor has sufficient title and interest in the lands hereinafter shown on Exhibit 1, attached, in order to enable the Public Sponsor to comply with the aforesaid requirements of non-federal cooperation. Said lands and/or interest therein are owned or have been acquired by the Public Sponsor, and are to be used for the construction, operation and maintenance of the above referenced project and may include but are not limited to the following specifically enumerated rights and uses, except as hereinafter noted: 1. Perpetual Flood Protection Levee Easement -A perpetual and assignable right and easement in the land delineated on the attached location map, Exhibit 1, by this reference made a part hereof, to construct, maintain, repair, operate, 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 easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. 16 2. Temporary Work Area Easement -- A temporary easement and right-of-way in, on, over and across the land described in Exhibit 1 for a period not to exceed one (1) year, beginning with date possession of the land is granted to the Grantee for use by the United States, its representatives, agents, and contractors as a work area, including the right to deposit fill thereon, move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Yakima Wastewater Treatment Plant Levee Rehabilitation Project, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject however, to existing easements for public roads and highways, public utilities, railroads and pipelines. 3. Temporary Access Easement —A temporary access easement and right-of- way in, on, over and across the land described in Exhibit 1 for a period not to exceed one (1) year, beginning with date possession of the land is granted to the Grantee for the location, construction, operation, maintenance, alteration replacement of(a) road(s) and appurtenances thereto; together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the owners, their heirs and assigns, the right to cross over or under the right-of-way as access to their adjoining land at the locations indicated on Exhibit 1; subject, however, to existing ease- ments for public roads and highways, public utilities, railroads and pipelines. The Public Sponsor does hereby grant to the United States of America, its representatives, agents and contractors, an irrevocable right, privilege and permission to enter upon the lands hereinbefore mentioned for the purpose of prosecuting the project. The Public Sponsor certifies to the United States of America that any lands acquired subsequent to the execution of the Cooperation Agreement that are necessary for this project have been accomplished in compliance with the 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. CITY OF YAKIMA DATE: BY: ROBERT HARRISON City of Yakima Executive 2 17 ATTORNEY'S CERTIFICATE RE: Certification of Lands and Authorization for Entry for the Yakima Wastewater Treatment Plant Levee Rehabilitation Project, Job No. YAK-02-20 located on the right bank of the Yakima River in Yakima County, Washington. an attorney admitted to practice law in the State of certify that: I am the attorney for the City of Yakima (hereinafter referred to as the "Public Sponsor"). I have examined the title to [Parcel # (s)] of land identified by the U.S. Army Corps of Engineers as needed for the Yakima Wastewater Treatment Plant Levee Rehabilitation Project, located on the right bank of the Yakima River in Yakima County, Washington and included in the Certification of Lands and Authorization for Entry document to which this Certificate is appended. The Public Sponsor is vested with sufficient title and interest in the described lands required by the United States of America to support the construction, operation, and maintenance of the Yakima Wastewater Treatment Plant Levee Rehabilitation Project. There [ ] are (see attached risk analysis) [ ] are no outstanding third party interests of record that could defeat or impair the title and interests of the Public Sponsor in and to the lands described, or interfere with construction, operation, and maintenance of the Project. Such interests include, but are not limited to, public roads and highways, public utilities, railroads, pipelines, other public and private rights of way, liens and judgments. To the extent such interests existed prior to acquisition of the described lands by the Public Sponsor such interests have either been cleared or subordinated to the title and interests so acquired except as provided in the attached risk analysis. The Public Sponsor has authority to grant the Certification of Lands and Authorization for Entry to which this Certificate is appended; that said Certification of Lands and authorization for entry is executed by the proper duly authorized authority; and that the authorization for entry is in sufficient form to grant the authorization therein stated. DATED AND SIGNED at this day of 20 SARA WATKINS Attorney City of Yakima 3 18 RISK ANALYSIS FOR OUTSTANDING THIRD PARTY INTERESTS RE: Certification of Lands and Authorization for Entry for the Yakima Wastewater Treatment Plant Levee Rehabilitation Project, Job No. YAK-02-20 located on the right bank of the Yakima River in Yakima County, Washington. There are outstanding third-party interests of record in and to the lands required for the Project. An evaluation of those interests is as follows: 1. IDENTIFICATION OF THIRD-PARTY INTERESTS: 2. ASSESSMENT: (Discuss whether the exercise of that interest is likely to physically impair the Project. Discuss the legal implications if the interest is not cleared or subordinated. Discuss the practical impediments to the exercise of the interest such as any required permits, land use restrictions, or compensation.) 3. PLAN TO RESOLVE: (Discuss recourse available to protect the Project in the event the outstanding interest is exercised). Signed: DATE SARA WATKINS Attorney City of Yakima 4