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HomeMy WebLinkAboutR-1991-D6022 Naches River6022 RESOLUTION NO."� A RESOLUTION authorizing the execution of a "Supplemental Agreement for Operation and. Maintenance Service on Yakima River Basin Fish Passage and Protective Facilities." WHEREAS, pursuant to Resolution No. D-5306, the City of Yakima and the United States Department of Interior, Bureau of Reclamation, have entered into an agreement for operation and maintenance service on the Naches River of fish passage and protective facilities; and WHEREAS, the provisions of such agreement allow the United States Department of Interior to maintain and operate these facilities on the City's Naches River Diversion Dam; and WHEREAS, the right abutment wing wall serving the diver- sion dam is in need of modification; and WHEREAS, the United States Bureau of Reclamation desires to construct a new wing wall, all at the expense of the United States; and WHEREAS, City Councilof the City of Yakima deems it to be in the best of interest of the City of Yakima to allow the United States to construct a new wing wall on the City of Yakima Naches River Diversion Dam, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute a "Supplemental Agreement for Operation and Maintenance Service on Yakima River Basin Fish Passage and Protective Facilities," a true copy of which is attached hereto and incorporated herein by reference. ADOPTED BY THE CITY COUNCIL this /A day of November, 1991. C2tt- Mayor ATTEST: City Clerk (res/yakrvr.jv) Contract No. 7-07-10-W0629 Supplement No. 2 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Yakima Project, Washington SUPPLEMENTAL AGREEMENT FOR OPERATION AND MAINTENANCE SERVICE ON YAKIMA RIVER BASIN FISH PASSAGE AND PROTECTIVE FACILITIES THIS SUPPLEMENTAL AGREEMENT, made this day of , 19_, pursuant to the Act of June 17, 1902 (32 Stat. 388) and acts amendatory thereof and supplementary thereto, generally referred to as the Federal Reclamation Laws, and the Hoover Power Plant Act of 1984 (P.L. 98-381, dated August 17, 1984), herein referred to as the Hoover Power Act, and the Second Supplemental Appropriations Act for Fiscal Year 1984 (P.L. 98-396, dated August 22, 1984), herein referred to as the Appropriations Act, and in accordance with the Pacific Northwest Electric Power Planning and Conservation Act of 1980 (94 Stat. 2697), herein referred to as the Northwest Power Act, by and between the Bureau of Reclamation, United States Department of the Interior, (hereinafter called the United States), acting through its Regional Director, Pacific Northwest Region, Boise, Idaho, (hereinafter called the Contracting Officer), and the City of Yakima (hereinafter called the Contractor), a municipal corporation duly organized and existing under the laws of the State of Washington. WITNESSETH, THAT: Explanatory Recitals 2. WHEREAS, the United States and the Contractor have entered into an agreement dated December 29 , 1986, providing for the accomplishment of the operation and maintenance of a fish ladder and fish screens and a fish counting station, hereinafter called " project fish facilities", located at the City of Yakima's General Irrigation System Diversion Dam (also known as the Naches-Cowiche Diversion Dam) on the Naches River near Yakima, Washington, such agreement hereinafter referred to as the O&M Agreement; and 3. WHEREAS, Exhibit A of Supplement No. 1 to the O&M Agreement grants and assigns to the United States of America rights and interests necessary for the construction, reconstruction, operation, and maintenance of fish ladders, screens, counting station, and all appurtenances thereto; and 4. WHEREAS, Article 14 of the O&M Agreement provides that the agreement may be renewed, amended, supplemented, terminated, or superseded at any time by mutual consent of the parties thereto; and 5. WHEREAS, undesirable hydraulic conditions at the right abutment wingwall (looking downstream) of the diversion dam allow adult fish to pass over the dam instead of through the fish ladder; and 6. WHEREAS, it is necessary to modify the right abutment wingwall to improve these hydraulic conditions. NOW, THEREFORE, in consideration of the mutual and dependent stipulations herein contained, it is mutually agreed by and between the parties hereto as follows: 7. The United States will construct and maintain a new right abutment wingwall. In addition to the wingwall, this construction will also include extension of the existing fishscreen bypass pipe to discharge through the new wall, backfilling of the area between the old and new walls, appropriate safety railing and other features. 8. The United States shall construct and maintain the new right abutment wingwall in a manner that will impair neither the structural integrity nor the operation and maintenance of Contractor's diversion dam or irrigation system facilities. 9. The assignment of easement rights shown in Exhibit A of Supplement No. 1 is expanded to include construction and maintenance of the right abutment wingwall. 10. All costs for the work as described within this supplement shall be borne by the United States. 11. All other aspects of the O&M Agreement and Supplement No. 1 remain unchanged. 2 IN WITNESS WHEREOF, the parties hereto have signed their names the day and year first above written. City Contract No. 91-109 Resolution D-_6.022 (SEAL) ATTEST: City Clerk UNITED STATES OF AMERICA By Regional Director, PN Region Bureau of Reclamation CIT OF YAKIMA By 3 signature) City Managar (title) State of Washington ) County of • ) On this __.13th.__ daY of November_____. 1991 personally appeared before me B...A.__Zais_.1r_.__._ __... _ _ ._..and..__K.ar.en.R.ober t.s .._ __...___.... , to mcg (Name) (Name) known to be, respectively, the , CJ,Iy__ ark, gg�r►e.i__�� .t ,y, C.1e.r.k. (Title) (Title) of the ,.ix.y..o.f...Yakima_.__.__.....__..... that executed the within and (Entity) foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said �yofYk_ima._. , for t;t►e ( Ent ity) uses and purposes therein mentioned, and on oath stated that; they were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) - t ARY PUfLiC IN AND FO State of Washington Residing at: My commission (6xt:►fres : BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. Meeting of 11-12-91 TITLE: Consideration of Supplemental Agreement No. 2 to the existing Contract No. 7-07-10-W0629 with the U.S.B.R. regarding the Naches/Cowiche Diversion Dam. SUBMITTED BY: Department of Engineering & Utilities CONTACT PERSON/TELEPHONE: Ty Wick, Water & Irrigation Superintendent/575-6204 SUMMARY EXPLANATION: The Bureau of Reclamation wishes to modify the existing diversion dam to eliminate a back -eddy and improve fish passage at the dam. This Supplemental Agreement will allow the U.S.S.R. to make the modifications (at their expense) along with documenting future maintenance responsibilities. * EXHIBITS * * XResolution Ordinance Contract Minutes Plan/Map *' Notification List Other,(Specify) * * APPROVED FOR SUBMITTAL: * .,. Ci t''y Manager STAFF RECOMMENDATION: Adopt resolution authorizing the City Manager to implement this agreement. COUNCIL ACTION: Resolution No. D-6022 *- IN REPLY REFER TO: 130/LND-3.00 ■ TAKE as PRIDE IN United States Department of the Interior AMERICA�� BUREAU OF RECLAMATION YAKIMA MO OFFICE m 1917 MARSH ROAD P.O. BOX 1749 YAKIMA, WASHINGTON 989074749 October 25, 1991 Mr. Dennis E. Covell, P.E. Director of Engineering & Utilities City of Yakima 129 North 2nd Street Yakima WA 98901 Subject: Fish Passage and Protective Facilities at Naches- Cowiche Diversion Dam (Right -of -Way Acquisition) Dear Mr. Covell: The Bureau of Reclamation is ready to award a construction contract to modify the right abutment of the Naches-Cowiche Diversion Dam as has already been presented to you by our engineers in our Regional Office and the Yakima Project Office. In your enclosed letter of September 4, 1991 to our Regional Engineer, you reference the necessity to enter an "Agreement of Understanding" with the City for the additional modifications to the right abutment of the dam. Accordingly we have prepared the attached supplemental agreement identified as Supplement No. 2 to our original Contract No. 7-07-10-W0629, dated December 29, 1986. We have also prepared a short work description and drawing for your use in presenting this supplemental agreement for city council action. We appreciate the cooperation of the City of Yakima in helping to provide for better facilities to protect and enhance our valuable fish resources. If you have any further questions regarding our response, call either Ron Cochran or John Manfredi at (509) 575-5848. Sincerely, 7 71- Yames A. Esget Special Projects Officer Enclosures Modifications Needed to Improve Fish Passage City of Yakima, General Irrigation System Diversion Dam Immediate Attention Needed for Item 1 below Items 2 & 3 for information only Background In 1985 the city's diversion dam and canal fishscreens were completely rebuilt along with a new fishladder. December 29, 1986, the city of Yakima and US Bureau of Reclamation signed an Operation and Maintenance agreement for the dam and fish facilities. Problems: Operation of the 1985 facilities has showed several problems: 1. The angle of the dams right wingwall creates a back -eddy pool causing adult fish to try to jump the dam. The pool also causes a gravel deposit at the juvenile fish bypass outlet, impeding fish return to the river from the canal fishscreens. 2. Fish bypass flow from the fish screens cannot be controlled, as no control device was built into the fish screens. 3. Several problems exist with the left bank fishladder. Solutions 1. The right wingwall angle will be changed to eliminate the back -eddy pool. 2. The fish bypass will be modified to meet current bypass criteria and a flow control device will be added at the canal fish bypass. _ 3. Left bank fish ladder modifications will be made during construction of a future trapping facility. Method/Schedule/Authority 1. The Bureau of Reclamation has bid and will award a construction contract for work to be done Nov 1991 - April 1992. (The construction contract also includes replacement of Naches Cowiche Canal Company Fishscreens, Kiona Canal Fishscreens (near Benton City). All necessary permits and easements are being obtained by the Bureau. A supplement to the 1986 agreement is needed before wingwall work begins. 2. Modifications to the fishscreen bypass will be made by the USBR through the WA Dept of Fisheries. Responsibility and authority for the USBR to make these changes is provided for under the 1986 agreement. 3. Modifications to the fishladder and new fish trapping facilities are now in preliminary design stage. These items will be presented to the city at appropriate times as planning work for the modifications and new facilities proceed in 1992. A supplement to the 1986 agreement will be needed for this work. Cost All construction, operation and maintenance costs for modifications and new facilities will be funded by the United States. Ri5ht Win3watt. Mod 41(.4jon �V Yakima General Irri9a+ion ©iversiva Dam