HomeMy WebLinkAboutR-2014-136 Shaw Creek & Wide Hollow Creek Pre-Disaster Mitigation Flood Control Project Agreement w Yakima CountyA RESOLUTION
RESOLUTION NO. R-2014-136
approving and authorizing the City Manager to execute an interlocal
agreement between the City of Yakima and Yakima County for
Shaw Creek and Wide Hollow Creek Pre -Disaster Mitigation Flood,
Control Project.
WHEREAS, pursuant to Chapter 39.34 RCVV, the City of Yakima and Yakima
County have authority to enter into interlocal agreements to accomplish joint projects
within their jurisdiction; and
WHEREAS, the City of Yakima and Yakima County have negotiated an interlocal
agreement to define the responsibilities and duties of the City and County for the
management of a grant to implement the Shaw and Wide Hollow Creek Pre -Disaster
Mitigation (PDM) Flood Control project. Funding for this project is provided by the State of
Washington Emergency Management Division with funds awarded by the Federal
Emergency Management Agency (FEMA). The project includes Shaw Creek channel
relocation, Wide Hollow Creek conveyance improvements and Bridge flood conveyance
improvements to accommodate the Shaw creek flood flows.
WHEREAS, the City Council finds and determines that approval of such interlocal
agreement is in the best interests of residents of the City of Yakima and will promote
interlocal cooperation and the general health, safety and welfare; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Interlocal Agreement entitled "Shaw and Wide Hollow Creeks Pre -Disaster
Mitigation Flood Control Project" between the City of Yakima and Yakima County, a copy
of which is attached hereto as Exhibit "A" and incorporated herein by this reference, is
hereby approved; and the City Manager is hereby authorized to execute and administer
such agreement; now, therefore,
ADOPTED BY THE CITY COUNCIL this 18th clay of November, 2014.
ATTEST:
Micah Cawley, Mayor
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF YAKIMA AND
YAKIMA COUNTY
RECEIVE°
DEC 0 g 2014
aQLAIMWA
4
SHAW AND WIDE HOLLOW CREEKS PRE -DISASTER MITIGATION FLOOD
CONTROL PROJECT
THIS AGREEMENT is made and entered between Yakima County and the City Of Yakima,
pursuant to RCW Chapter 39.34 — 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 grant to implement the Shaw and Wide
Hollow Creek Pre -Disaster Mitigation (PDM) Flood Control project. Funding for this
project is provided by the State of Washington Emergency Management Division with
funds awarded by the Federal Emergency Management Agency (FEMA). The project
includes Shaw Creek channel relocation, Wide Hollow Creek conveyance improvements
and Bridge flood conveyance improvements to accommodate the Shaw creek flood flows.
2. YAKIMA COUNTY RESPONSIBILITIES
a. Provide the overall management, coordination, and accounting for the Shaw and Wide
Hollow Creeks PDM grant and the three conveyance components. The grant is
administered by Yakima County as the sub -grant recipient of the FEMA PDM grant.
Yakima County Public Services will ensure maintenance of project records; submittal
of payment vouchers, fiscal forms, and progress reports; compliance with applicable
procurement and inter local agreement requirements and shall submit all invoice
requests and supportive documentation to the Washington Emergency Management
Division. Yakima County Public Services will ensure that grant match is computed
based on FEMA and Washington State Emergency Management Division grant
administration guidelines.
b. Provide the design, engineering and project management for the construction of the
City -owned bridges or structures. The items covered will include preliminary
engineering, right of way acquisitions, environmental studies and documentation,
permitting, and construction supervision. In accordance with the FEMA grant, the
new bridges will provide additional stream capacity to pass the 100 -year flood. The
bridges will be two lanes and constructed with larger spans to allow for additional
flow from the Shaw Creek relocation. This will replace the existing two bridges. The
discussion for additional lanes is outside of this FEMA grant.
a. Specific details of Yakima County engineering responsibilities include:
b. Preliminary Engineering (PE):
i. Topographic Surveying
ii. Engineering Analysis (hydraulics, soils, drainage, traffic studies, etc.)
iii. Engineering Design
iv. Environmental Documentation (SEPA, NEPA and related studies)
v. Permitting
vi. Right of Way Plans (a plan showing existing and required rights of
way)
vii. Plans, Specifications and Estimates (P,S.&E) ( i.e. bid documents)
viii. Project bidding process
c. Right of Way (R/W):
i. R/W Documentation
ii. Right of Way Surveying
iii. Legal Descriptions
iv. Valuation / Appraisal
v. Negotiations
vi. Condemnations
vii. Document Recording
viii. Right of Way Certification (if required)
d. Construction (Const.):
i. Construction Surveying
ii. Construction Inspection
iii. Contract Documentation / Pay Estimates
iv. Materials Testing and Acceptance
v. Permit Compliance and Documentation
c. SEPA Permits: The permits required for the project (bridges and overall project will
include as a minimum: Corps of Engineers 401, and 404 permits, H.P.A., JARPA,
and critical areas permits, storm -water permit, flood hazard determination
application, and grading permit . Yakima County will act as the lead agency for the
SEPA for all permits. The City of Yakima will prepare and sign the Critical Areas
permit for the Portion of Shaw Creek and Wide Hollow Creek within their
jurisdiction.
d. Submit the Conditional Letter of Map Revision (CLOMR) and Letter of Map
Revision (LOMR) reports to FEMA for the bridges as part of the overall project.
e. Project closeout: Yakima County will be responsible for the closeout of the PDM
grant with FEMA and Washington State EMD.
f. The County will turn over ownership of the bridges to the City of Yakima upon final
inspection.
3. CITY OF YAKIMA RESPONSIBILITIES
Background: The engineer's estimated cost of the two bridges of two lane width,
spanning approximately 51 feet for the South 80th bridge and approximately 45 feet for
the Wide Hollow Bridge, is a total of $938,000, including design, administration and
inspection. FEMA has agreed to fund at 75% the additional second bridge on Wide
Hollow Road, necessary to keep Wide Hollow Road dry during the 100 -year flood, which
is beyond the original identified single bridge on 80th Avenue previously estimated at
$540,000, as long as the total flood project budget including administration, acquisitions,
channel and bridge construction does not exceed the approved amount of $ 2,667,500.
The City agrees to:
1. Provide the local financial match of 25% for the costs of the City of Yakima bridges
or structures. The City's local match may be provided to the County through alternate
grant funding, land or cash or other contributions that meet FEMA and Washington
State EMD requirements. If the total bridge costs are greater than $1,000,000, the
City and County will negotiate how to handle the additional costs. The City has
available $200,000 for match as a result of a DOE grant and land right-of-way as
match.
2. In the event of bridge overruns that cannot be contained within the FEMA project
upper limit defined within the original PDM grant application for $2,667,500; the
City and County will jointly pursue supplemental funding sources, or project scope
change. If the lowest responsive bid is more than the budgeted amount, the City and
County shall meet to discuss the cost sharing and budgeting.
3. Review that portion of the project that includes the bridges at three steps, TSL (type,
size, and location), PSE (plans, specifications, and engineering) and award. Provide
written comments back to Yakima County in a timely manner.
4. The City of Yakima will provide input to the SEPA process and will prepare and sign
the critical areas permit for the Shaw Creek relocation.
4. PERIOD OF PERFORMANCE. The period of performance of this Agreement will
commence when FEMA awards the grant and funding is available to the County.
5. GRANT MATCH REQUIREMENT. The specific obligations for the CITY bridges
under the PDM grant match requirements are identified in Exhibit B.
6. BILLING PROCEDURE. The COUNTY shall submit monthly bills to reimburse
work after it has taken place up to the total match amount of $200,000 plus estimated value
of land right of way match to the City.
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 County is acting as an independent contractor and neither the County
nor any of its employees is an employee of the City. Neither the County nor any
employee of the County is entitled to any benefits that the City provides its employees.
The City hereby waives its immunity under workmen's compensation laws, Title 51
RCW, for claims or lawsuits where the County or its employees or subcontractors
brings a legal action against City 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.
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
costs to be shared equally.
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 and separate automobile coverage
of $1,000,000 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 the other Parties. Each Party
shall be financially responsible for their own deductibles, self-insurance retentions,
self-insurance, or uninsured risks.
14. INDEMNIFICATION/HOLD HARMLESS. 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 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. This 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 or proceeding is commenced relating to this
Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees and
costs.
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
of 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.
18. 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.
20. 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.
21. COMPLETE AGREEMENT. This Agreement constitutes the complete and final
understanding between the parties and may be amended by the prior written consent of
both parties.
22. SURVIVAL. The provisions of this Agreement shall survive its termination and
completion of Services.
23. 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.
24. ASSIGNMENT. The duties and obligations of the County and City under this
agreement are not subject to assignment without obtaining prior written approval.
25. 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:
Tony O'Rourke, City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO YAKIMA COUNTY:
Vern M. Redifer, PE
Public Services Director
128 North Second Street
Yakima, WA 98901
(509) 574-2300
(Agreement Name & Number)
DONE this day of 2014
CITY OF YAKIMA
C V CONT RAC s NOdatY t'13:P
BOARD OF YAKIMA COUNTY COMMISSIONERS
Kevi
y, Chairman
Elliott. Commissioner
Michael D. Leita, Commissioner ^4�,
constituting the Board of County Commissioners for It kirna
County, Washington c
Attest•
dceA04....)
Clerk of the Board
Approve
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BOCC513-2014
December 2, 2014.
ep �y "rosecuting Attorney
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.F.
For Meeting of: November 18, 2014
ITEM TITLE: Resolution authorizing an Interlocal Agreement with Yakima
County to administer a FEMA grant regarding Shaw Creek
Floodplain Relocation, Wide Hollow Creek conveyance
improvements and Bridge Flood conveyance improvements
SUBMITTED BY: Joan Davenport, Director of Community Development
SUMMARY EXPLANATION:
Yakima County Public Services Division has received a FEMA grant of $2,667,500 that will
correct deficiencies on two bridges within the City limits at Wide Hollow Creek and Shaw Creek
as well as relocation of the Shaw Creek channel. Yakima County will be the lead agency for
Environmental Review under SEPA, as well as project manager for the project. The City of
Yakima will contribute $200,000 as the local match, provided by a Department of Ecology grant.
Resolution: X
Other (Specify):
Contract:
Start Date:
Item Budgeted:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
Ordinance:
Contract Term:
End Date:
Amount:
No general fund involved. The City will pass through
a $200,000 DOE grant to match the FEMA grant,
which will be administered by Yakima County.
City Manager
RECOMMENDATION:
Approve the Resolution to authorize the City Manager to enter the Interlocal Agreement.
ATTACHMENTS:
Description
Upload Date
❑ Resolution to Authorize ILIA with Yakima County 11/1L/Lu"14
❑ Interlocal Agreement on Shaw Creek with Yakima 11/12/2014
County
❑ Map of Shaw Creek ILA project 11/12/2014
Type
Resolution
Contract
Backup Material
COTTONWOOD
GROVE
RESIDENTIAL
SUBDIVISION
Yakima County
Shaw Creek Flood Control Project
• County Bridges
Flood Channel 2
• County Culverts Streams
City Bridges iii Floodway
• ■ I Channel Excavation Flood Zones
Major Roads 100 Year
Other 500 Year
Flood Channel 1
Tir
0 300 600 1200 Feet
•
r.s
r-
� SHAW CREEK
RELOCATION OR
.' Grun vl:= BYPASS CHANNEL
WESTBROOK
RESIDENTIAL
SUBDIVISION
CLINTON WAY
RESIDENTIAL
SUBDIVISION
CITY OF YAKIMA
REPLACEMENT BRIDGE
�-- ^ s
PRIVATE BRIDGE
WITH PROPOSED
ADDED BOX CULVERT
Sheffield, Brett
From: Cliff Bennett <cliff.bennett@co.yakima.wa.us>
Sent: Wednesday, August 09, 2017 11:52 AM
To: Sheffield, Brett
Cc: Vern Redifer; Teresa Ishizaka
Subject: City of Yakima Interlocal Agreement for Shaw and Wide Hollow
Brett,
Looking back at the draft ILA's we had in the files, we did have an exhibit A (County Responsibilities) and an Exhibit B
(City responsibilities) in the drafts that outlined City and County responsibilities. They were exhibits at the end of the ILA.
In the final signed ILA, it appears that those responsibilities for both City and County were included in the main body of
the final signed ILA, but the reference to Appendix B was erroneously left in the ILA and should have been removed.
Hopefully that is clear.
cliff
1