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Home My WebLink About06/16/2009 12 Water and Wastewater Treatment Plants Levees Repair Work Agreement with Army, Corps of Engineers i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON III AGENDA STATEMENT , Item No. 6 ' g • • For Meeting of June 16, 2009 ITEM TITLE: A resolution authorizing the City Manager to execute an agreement between the City of Yakima and The Department of the Army, Corps of Engineers to do repair work to portions of the levees protecting the Water Treatment Plant and Wastewater Treatment Plant. SUBMITTED BY: Dave Zabell, Assistant City Manager Max Linden, Wastewater Utility Engineer • Dave Brown, Water /Irrigation Manager CONTACT PERSON/TELEPHONE: Dave Brown / 575 -6204 Max Linden / 249 -6814 • SUMMARY EXPLANATION: Staff respectfully requests City Council consideration of a resolution authorizing the City Manager to execute an Agreement with the Department of the Army, Corps of Engineers to do repair - work to portions of the levees protecting the Water and Wastewater - Treatment Plants. High water in 2008 and flooding in early 2009 have caused serious damage to both treatment plant levees on the Naches and Yakima Rivers. The repair costs include .ontingencies, engineering design, supervision, administration and actual construction. Under the Corp of Engineers PL 84 -99 program the City of Yakima will pay,20% of the repair costs and the Corp of engineers will pick up the remaining 80% of the costs. Total estimated repair costs at the Water treatment plant are $176,000 with the City's share at $33,000 and total estimated repair costs at the Wastewater Treatment plant are $337,000 with the City's share at $63,000. An estimated total City cost of $96,000. (See attached Agreement). Resolution X Ordinance Other (Specify) Contract _X_ • Mail to (name and address): Funding Source Water: 477 1 I_ •rovement Fund 33,000 ,Sewer: Fund 478 $63,000 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council adopt the enclosed resolution authorizing the City Manager to execute an Agreement and all related documents between the City of Yakima and the Department of the Army, Corps of Engineers to do repair work to portions of the levees protecting the Water and Wastewater Treatment Plants. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: • • RESOLUTION NO. R -2009- A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima and The Department of the Army, Corps of Engineers to do repair work to portions of the levees protecting the Water Treatment Plant and Wastewater Treatment Plant. WHEREAS, pursuant to 33 U.S.C. 701n, the Corp of Engineers is authorized to assist in the repair or restoration of flood control improvements threatened or destroyed by flood; WHEREAS, repair of the existing levee will provide better protection for valuable City of Yakima infrastructure at the Water and Wastewater Treatment Plants; WHEREAS, under Public Law 84 -99 Rehabilitation Assistance the sponsor (City of Yakima) is eligible for cost share assistance from the Corp of Engineers at 80% of total project cost plus engineering and design; WHEREAS, repair of the existing levees will keep the City of Yakima complaint with Public Law 84 -99 and eligible for future assistance from the Corp of Engineers on flood related issues; 41) WHEREAS, the City has determined that it is in its best interest to provide 20% funding, $96,000 of total project costs, for the Water and Wastewater Treatment Plant levee repairs; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Agreement with the Department of the Army, Corps of Engineers to do repair work to portions of the levees protecting the Water Treatment Plant and Wastewater Treatment Plant. ADOPTED BY THE CITY COUNCIL this 16 day of June, 2009. ATTEST: Dave Edler, Mayor City Clerk • • r. 62- A COOPERATION AGREEMENT BETWEEN • T111 UNITE it STATES OF AMERICA AND THE CITY OF YAKIEMA, WASHINGTON FOR REHABILITATION OF A NON - FEDERAL FLOOD CONTROL WORK JOB NO. NAC -11-09 - THIS AGREEMENT, entered into this day of , 2009, by and between THE DEPARTMENT OF THE ARMY (hereinafter referred to as the "Government ") represented by the District Commander, U.S. Army Corps of Engineers, Seattle District, and the CITY OF YAKIMA, WASHINGTON (hereinafter referred to as the "Public Sponsor "), represented by the City Manager. W1TNESSETH THAT: WHEREAS, 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: ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS • For purposes of this agreement: A. The term "Rehabilitation Effort" shall mean the repair of approximately 575 linear feet of both riverward and landward damages in two locations to pre -flood design. At site 1, the levee toe, constructed of Class V riprap will be replaced and the • levee riverward slope *ill be re -graded to 2H:1V'and armored with Class IV riprap, and the levee landward slope will be replaced and hydroseeded; at site 2 the levee prism will be reconstructed and re- graded to 2H:1 V, armored consistent with the upstream and downstream slopes, and hydroseeded as generally described in a report entitled Project Information Report, Rehabilitation of Flood Control Works, Naches Water Treatment Plant Levee, Yakima County, Washington, Job No. NAC -1 -09, prepared by the District Commander, U.S. Army Corps of Engineers, Seattle District, dated April 06, 2009, and approved by the Division Commander on April 16, 2009. 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 GOVERNMENT 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 Naches Water Treatment Plant Levee Project 2 Job No. NAC -l-09 May 28, 2009 • 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 III, the Public Sponsor shall provide all lands, easements, and rights-of-way, and suitable borrow and dredged or excavated material 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, l ISPOSAL 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 Effort. The necessary lands, easements, and rights - of -way may be provided incrementally for each construction contract. Naches Water Treatment Plant Levee Project 3 Job No. NAC -1 -09 May 28, 2009, 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 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 - MET !:! OD OFF 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. Rehabilitation Effort costs is currently estimated to be $166,000.00 and the Public Sponsor's share (cash and services in kind) of total Rehabilitation Effort costs is currently estimated to be $33,000.00. In order to meet the Public Sponsor's cash payment requirements, the Public Sponsor must provide a cash contribution estimated to be $33,000.00. 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 Go 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 110 Government the full amount of the additional required contribution. Naches Water Treatment Plant Levee Project 4 Job No. NAC -1 -09 May 28, 2009 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 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. • Naches Water Treatment Plant Levee Project 5 Job No. NAC -I -09 May 28, 2009 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 FEDERAL 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. 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)). ARTICLE VIII - RELATIONSHIP 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. • Naches Water Treatment Plant Levee Project 6 Job No. NAC -I-09 May 28, 2009 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 - TERMINATION OR SUSPENSION If at any time the Public Sponsor fails to carry out its obligations under this Agreement, the District Commander shall terminate or suspend work on the Rehabilitation Effort, unless the District Commander 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 XI[ll - HAZARDOUS SU 3 STANCES 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 are 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. Naches Water Treatment Plant Levee Project 7 Job No. NAC -1-09 May 28, 2009 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 XIIIIII - NOTICES A. All notices, requests, demands, and other communications required or permitted to be 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: • Naches Water Treatment Plant Levee Project 8 Job No. NAC -1 -09 May 28, 2009 • If to the Public Sponsor: If to the Government: Dave Brown Commander, Seattle District Water Irrigation Manager U.S. Army Corps of Engineers 2301 Fruitvale Boulevard P.O. Box 3755 Yakima, WA 98902 Seattle, WA 98124 -3755 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 H1FREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Commander. THE DEPARTMENT OF T !: E ARMY CITY OF YAKIMA, WASHINGTON BY: BY: ANTHONY O. WRIGHT RICHARD A. ZAIS Colonel, Corps of Engineers City Manager Commanding DATE: DATE: Naches Water Treatment Plant Levee Project 9 Job No. NAC -1 -09 May 28, 2009 CERTIFICATE OF AUT !.! ORITY I, Jeff Cutter, do hereby certify that I am the principal legal officer of the City of Yakima, Washington that 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, Washington in connection with the Naches Water Treatment Plant Levee, Job No. NAC -1 -09, 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, Washington have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this 41.k day of J,)a3E 2009. CITY OF YAKIMA, WASHINGTON 7/1 _ ( t) A )14e4 JEFF C 1R City At orney • Naches Water Treatment Plant Levee Project 10 Job No. NAC -1 -09 May 28, 2009 • CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) 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 , 2009. RICHARD A. ZAIS City Manager City of Yakima, WA • Naches Water Treatment Plant Levee Project 11 Job No. NAC -1 -09 May 28, 2009 • 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 Naches Water Treatment Plant Levee located on the left bank between River Mile 8.95 to River Mile 9.15 of the Naches River Yakima, Washington. Job No. NAC -1 -09 Dear Ladies and Gentlemen: 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 along the left bank between river miles 8.95 and 9.15 of the Naches River , Yakima, Washington. • Article II. B. of the Cooperation Agreement requires Public Sponsor to provide all lands for construction, operation, and maintenance of the Naches Water Treatment Plant Levee Project. This is to certify that the Public Sponsor has sufficient title and interest in the lands hereinafter shown on Exhibit A, 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 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 A, 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. 1110 f � T OF THE ARMY U.S. AN 2Y COMPO OF 2HOOREC35 somas 0$T T P.O. DOA 3755 ; TTIL SIB. WA 551244755 APR - D RERv rp ATTEYTON Of CENWS -OD -EM MEMORANDUM FOR Commander, Northwestern Division U.S. Army Corps of Engineers ATTN: CENWD -CM-OE SUBJECT: Neches Water Treatment ant Levee rehabilitation - Yakima River Basin. Yakima - County, Washington, NAC -1-09 - Request for project approval 1. Request project review I approval of the project enclosed herein. DISTRICT REMARKS Project Number NAC -1-09 Category Code 910 -320 Type Report Rehabilitation Event Name May 2008 Flood Event Date Start 15 May 2008 State Washington County Yakima CWIS Number 155484 ®/C Ratio 14.5: 1 FARM" , r; Total Construction $121,200 $ 30,300 $151.500 E &D $ 10.000 $ 0 $ 10.000 SIA $ 4.320 $ 1.0 $ 5,400 Contingency � 7.08 0 $ 1.7701 $ 8.850 TOTALS $143,000 $ 33,000 $176,000 (80% Construction + EID) 2. This memorandum summarizes troormation found in the enclosed Project Information Report. For additional information, please contact Doug Weber (206) 764 -6936. FOR THE COMMANDER Matches Water Treatment Plant Levee P iab,P1i3 f Pr Received on 09 April 2t, P Fi11'� i � � fir � %� i4 r1 x/R Review completed on 14 April 2009 f F r ' , Hudson, PDD - N/R y€ tk: 1ru 1, 1i1 i, Approved: APR 1 II 2009 PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS NACHES WATER TREATMENT PLANT LEVEE NAC -1 -09 Table of Contents EXECUTIVE SUMMARY 1 PROJECT REPORT 2 1. Project Identification 2 2. Project Authority 2 3. Public Sponsor 2 4. Project Location 2 5. Project Design 2 6. Disaster Incident 3 7. Project Damages . 3 8. Project Performance Data 3 9. Project Alternatives Considered 3 10. Recommended Alternative 4 11. Lands, Easements, Rights -of -Way, Relocations, and Disposal areas (LERRD) 5 12. Economic Evaluation 6 13. Environmental 9 14. Interagency Levee. Task Force 13 15. Project Management 13 APPENDICES 15 Appendix A: Project Sponsor's request for Rehabilitation Assistance 15 Appendix B: Project location and design data, maps and related information 16 Appendix D: Damages 21 Appendix Z: PIR Review Checklist 23 e • PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS NACHES WATER TREATMENT PLANT LEVEE NAC -1 -09 PART 1. PROJECT EXECUTIVE SUMMARY PROJECT NAME: Naches Water Treatment Plant Levee PROJECT FUNDING CLASS: 320 PROJECT CWIS NUMBER: 155464 NON- FEDERAL SPONSOR: City of Yakima, Yakima County, WA LOCATION AND DESCRIPTION: The levee is a non - federal urban levee constructed to provide protection for the City of Yakima Water Treatment Plant. The levee is on the left bank of the Naches River at river mile (RM) 8.95 to RM 9.15. The levee is approximately 4 to 8 feet high with a top width of approximatelyl2 to 14 feet wide with a gravel crown. In the presently damaged state, the levee provides 1 -year level of protection. DESCRIPTION OF DAMAGE: During May 2008, significant snowmelt resulted in a 5 -year frequency flood event on the Naches. River. Damage occurred at two locations and resulted in toe scour and slope erosion of the riprap riverward face of the levee at site 1 for approximately 525 linear feet. At site 2, 150 feet downstream from site 1, there is approximately 50 feet of levee damage on the riverward face as well as levee backslope damage by through- seepage. The levee embankment material has sloughed. •' PROPOSED REPAIR: The recommended alternative is to repair the levee to pre -flood design with toe replacement. The repair area will include a total of 575 linear feet of both riverward and landward damage in two locations. At site 1, the levee toe, constructed of Class V riprap will be replaced and the levee riverward slope will be re- graded to 2H:1V and armored with Class IV riprap. The levee landward slope will be replaced and hydroseeded. The proposed repairs will return the damaged portions of the levee to match the pre -flood Level of Protection (LOP). At site 2, the levee prism will be reconstructed and re- graded to 2H:1 V, armored consistent with the upstream and downstream slopes. The levee slope will be hydroseeded upon completion of construction. Toe construction will require work below the ordinary high water mark and work will be accomplished during a period of low water. These features are necessary to return the project to its pre -flood LOP. SUMMARIZED FINANCIAL AND ECONOMIC DATA: COSTS Total Construction Subtotal $ 151,500 S &A (6 %) $ 5,400 Contingency (10 %) $ 8,850 Total Construction Cost $ 166,000 Total Engineering and Design (6 %) (Fed Cost) $ 10,000 Total Project Costs $ 176,000 Federal Project Cost (80% + Engineering and Design) $ 143,000 Non - Federal Sponsor Project Cost (20 %) $ 33,000 B/C Ratio 14.8 POINT OF CONTACT: Doug Weber, CENWS- OD -EM, (206) 764 -3406 1 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 PART 2. PROJECT REPORT 1. Project Identification a. Project Name: Naches Water Treatment Plant Levee b. Project Funding Class: 320 c. Project CWIS Number: 155464 2. Project Authority a. Classification: Non - Federal b. Authority: No Information c. Estimated original cost of project: Unknown d. Construction completion date of the original project: Unknown e. Additional information regarding major modifications /improvements/ betterments: PL 84 -99 repairs carried out in 1973 and 1996 3. Public Sponsor a. Sponsor Identification: City of Yakima POC for City of Yakima: Dave Brown, Water and Irrigation Manager 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575 -6204 • b. Application for Assistance: (1) Date of Issuance of District's public Notice: 16 June 2008 (2) Date of NFS's written request: 20 May 2008 4. Project Location. (See Appendix B) a. City: Yakima County: Yakima State: Washington Basin: Naches River River: Naches River River Mile: 8.95 to 9.15 River Bank: Left b. Narrative: The Naches Water Treatment Plant Levee is located on the left bank of the Naches River from approximately river mile (RM) 8.95 to RM 9.15, in the City of Naches, in the Naches River Basin in Yakima County, Washington. An emergency repair is needed prior to the upcoming 2009 Naches River flood season to ensure reliable flood protection for the City of Yakima Water Treatment Plant. In the event of a levee breach, Water Treatment Plant structures could be undermined by high velocity water as the river cuts a new channel through the facility site. 5. Project Design. This non - federal urban levee was constructed to protect the City of Yakima Water Treatment Plant. The levee is adjacent to the Naches 2 PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 River. The levee is approximately 4 -8 feet high predominantly composed of silty, sandy gravel and native material. The top width is about 12' to 14' wide with a gravel crown. The levee has a 2H:1V riverward armored slope adjacent to the river and a 6' vertical x 15' horizontal launchable toe of Class V riprap. The landward slope currently varies from 1.5H:1V to 4H:1V. In the presently damaged state, the levee only provides protection from approximately the 1 -year flood. With restoration, the levee would provide protection from at least the 50- year flood event. 6. Disaster Incident: During May 2008, significant rapid snowmelt resulted in a 5- year frequency flood event on the Naches River which peaked at approximately 9,060 cfs as measured at Bureau of Reclamation gage near the water treatment plant on the Naches River near the Town of Naches at 1200 hours on 05/18/08. For more information on the flood event, see Seattle District's EngLink Situation Reports for Spring Snowmelt Flood FY08 #2, May 2008. 7. Project Damages: The high flows resulted in toe scour and slope erosion of the riprap riverward face of the levee and seepage damage. Site 1 consists of approximately 525 linear feet of toe and slope damage. The toe varies from partially to completely scoured along the reach. The levee backslope was also • damaged by through- seepage. At site 2, downstream 150' from site 1, there is approximately 50' of levee damage on the riverward face. The levee is set back from the river in this location. The levee embankment material has sloughed and this section requires repair. 8. Project Performance Data: There was a continuing eligibility levee inspection performed in May 2007. The levee was found to be in acceptable condition. The City of Yakima dedicates approximately $3,500 in annual maintenance for this levee. The levee is maintained with periodic vegetation cutting, gravel placement, and pre- and post -flood inspections to repair minor damages. There are no maintenance deficiencies. a. Inspection Results. (1) Date of Last Inspection: May 2007 (2) Type of Last Inspection: Immediately following a high water period (3) Project Condition Code of Last Inspection: Minimally Acceptable (4) Status: Eligible b. Sponsor's Annual O &M Costs: $3,500 c. Estimated Cost to Repair Maintenance Deficiencies: No maintenance deficiencies identified. • 9. Proiect Alternatives Considered: Multiple alternatives were considered including, the No- Action alternative, the • Repair to Pre -Flood Design Alternative, the Levee Setback Alternative, and the Non - Structural Alternative. 3 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS • NAC -1 -09 a. No Action Alternative: The No action alternative was rejected due to the high likelihood of partial or total failure of the levee with the occurrence of a 2 -year event, resulting in damages to the City of Yakima Water Treatment Plant and associated infrastructure. b. Repair to Pre -Flood Design Alternative: This alternative was considered to be the recommended alternative. The levee toe will be reconstructed and the levee slopes armored with rip -rap to pre -flood condition. This is the least cost alternative and is the best alternative for this river reach and condition and for the associated infrastructure. This is the sponsor preferred alternative. See the design drawings in appendix B. c. Levee Setback Alternative: This alternative would set the toe and slope back from the pre -flood alignment. This alternative would not be beneficial to the water treatment plant. A setback levee would have to be placed landward of the treatment plant and would provide no flood protection to this structure. This alternative was not chosen as the preferred plan and is not the sponsor preferred alternative. d. Non - Structural Alternative: • This alternative would relocate all existing structures, utilities and other infrastructure within the damage area protected by this section of levee. This was not a viable alternative for our sponsor. The costs associated with this alternative were deemed too high for the level of benefit associated with this alternative. 10. Recommended Alternative: The recommended alternative is b. Repair to Pre -flood Design Alternative. At site 1, the repair includes a total of 525 linear feet of both riverward and landward damage in two locations. The 6' vertical by 15' horizontal levee toe, constructed of Class V riprap will be replaced. The levee riverward slope will be re- established at a 2H:1V and armored with Class IV riprap. Existing remaining riprap will be incorporated into the repair. The levee landward slope will be replaced. At site 2, the levee prism will be reconstructed and re- graded to 2H:1 V for a total of 50 linear feet, armored consistent with the 'upstream and downstream slopes. The toe construction will require work below the ordinary high water mark. Work will be accomplished during a period of low water during the approved fish window. This will aid in preventing damaging flows from eroding the levee and perform as an environmental feature. Willow stakes will be planted in a lift above OHW as shown on the drawing. The willow lifts will need to be watered by the City of Yakima for two years. Best Management Practices will be utilized to minimize environmental impacts. • 4 PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 Access to the levee will be from the Water Treatment Plant. See Appendix B for design drawings, maps and photos. 11. Real Estate Article II, B, of the Cooperation Agreement (CA) will require that the Public Sponsor provide all lands, easements and rights of way, relocations and disposal areas (LERRD) that the Corps of Engineers Real Estate Division identifies as necessary for the construction, operation and maintenance of the rehabilitation effort for the Naches Water Treatment Plant Levee Project. In order to proceed with the Rehabilitation Effort, the Public Sponsor must make lands available prior to solicitation for the construction contract. See the proposed project schedule under Section 15 of this report. To meet the real estate requirements, the Public Sponsor will need to demonstrate that it has the below permanent real property interest for the proposed levee rehabilitation effort: • PERPETUAL FLOOD PROTECTION LEVEE EASEMENT A perpetual and assignable right and easement in the land delineated in Exhibit A map 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. Currently it appears there is adequate room within the project area for maneuvering trucks and equipment Proposed access (both ingress and egress) to the temporary access point and work site is available from State Route 12. A temporary work area for construction access and staging is proposed and delineated on the attached location map,. Exhibit A. The Public Sponsor will need to demonstrate that it has the below temporary rights for access and staging. TEMPORARY WORK AREA EASEMENT A temporary easement and right -of -way in, on, over, and across the land described in Exhibit A for a period not to extend six (6) months 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, and waste material thereon, move, store, and remove equipment and supplies, and erect and remove temporary S structures on the land and to perform any other work necessary and incident to the construction of the Naches Water Treatment Plant Levee Project, Job No. NAC -1 -09, together with the right to trim, cut, fell, and 5 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 remove there from 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. Presently there will be no need for offsite disposal because excavated materials will be utilized within the existing levee easement footprint. As part of the land certification process for the levee rehabilitation effort the Public Sponsor will need to provide title reports, not more than 90 days old at the time of land certification, that demonstrate its interest in the lands required for construction, and subsequent operation and maintenance. Any questions regarding types of property interests needed for the proposed project should be coordinated with COE, Real Estate Division. 12. Economic Evaluation a. Location and Protected Area: The Naches River Water Treatment Plant (WTP) supplies 88% of the water consumed by residents and businesses of the City of Yakima, population 84,300. The remaining 12% is supplied by wells. Damage to the WTP could result in rationing and interruption of service to municipal and industrial water users in Yakima. b. General: According to ER 500 -1 -1, the period of analysis for PL 84 -99 projects is the lesser of the following: 50- years, the degree of protection afforded by the project, or the anticipated remaining life of project without major rehabilitation. If repairs are performed, the project will be restored to its previous level of protection and NWS engineers estimate that it would then provide protection from at least the 50 -year flood event. Previous repairs to the WTP Levee under the PL 84 -99 program were carried out in 1973 and in 1996, giving an average period between significant rehabilitations of about 18 years. The period of analysis is therefore limited to the project's expected remaining life without major rehabilitation, or about 18 years. All project benefits and costs are expressed at a FY2009 price level, which is also the base, or first year of operation after repairs are completed. Benefits and costs are annualized over the period of analysis using the federal discount rate prescribed for water resource projects, currently set at 4.625 %. c. Without - Project Condition: The levee's estimated level of protection has been reduced from 50 years to 1 year. A 10 -year or greater event could instigate a high discharge through the WTP facility, compromising the integrity of structures within the facility. Damage is therefore assumed to result from the structural failure of plant buildings undermined by floodwaters rather than from inundation. 6 PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 d. With - Project Condition: The recommended alternative consists of repairing the levee to pre -flood condition. Repair of the levee would restore the estimated level of protection to at least 50- years. e. Project Costs: Construction costs with contingencies, engineering and design (E &D), and supervision and administration (S&A) are estimated to total $176,000 for the recommended plan. The costs were annualized using an 18 -year period of analysis and the current Federal interest rate of 4.625 %. Annualized construction costs are about $14,600, and a nominal operation and maintenance (O &M) cost of $1,500 (about 10% of the total) is assumed. No interest during construction is included due to the minimal expected duration of construction, which is scheduled to be completed within the year. Average annual cost (annualized construction cost plus annual O &M) is about $16,000 rounded to the nearest thousand. f. Benefits Evaluation: The economic analysis was prepared to a level of detail sufficient to demonstrate a high probability that the annualized economic benefits of the repair exceed the annualized costs. Since the protected area includes only the WTP, the analysis of benefits of the repair alternatives is based on the potential damage to plant structures and contents. The original plant facilities were constructed in 1969 -1971, with additional facilities added in 2002 and 2004 for a total nominal cost of about $6.9 million. Adjusting to current price level using the ENR Construction Cost Index, and assuming 15% average depreciation, the depreciated replacement costs of the plant is about $11.9 million in FY2009 dollars. No residences, businesses, agriculture, other public facilities or infrastructure are included in the damage analysis aside from the water treatment plant. In addition to preventing physical damage to the water treatment plant and its contents, the project will also prevent damages to the residents and businesses of Yakima resulting from the interruption of 88% of the city's water supply while the water treatment plant is being repaired or replaced. However, because the project is justified using only benefits associated with structure and content damages, these additional benefits have not been addresses in this analysis. In the absence of repairs to the levee, a 10 -year flooding event may cause a levee breach and also high levels of discharge through the WTP facility, according to NWS engineering staff. A levee breach could result in floodwaters undermining and ultimately causing the failure of the structures and facilities that comprise the plant. Because the course of floodwaters through the WTP facility is unknown, the amount of damages is uncertain and would depend on how much of the plant's foundations are undermined as the result of a levee breach. This analysis uses the simplifying assumption that in the without - project condition, a 50 -year event 7 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS • NAC -1 -09 (0.02 probability) will cause 50% damage to the plant (the expected value of damages with a uniform distribution between 0% and 100 %), or about $5.9 million. NWS engineers estimate that without repair, the levee provides a 1 -year level of protection and that the FTP itself may be subject to damage from a 10- year or greater event. A 10 -year event (0.1 probability) is therefore used as the zero damage point. Under these assumptions, the average annual without- project damages calculated using trapezoidal integration are about $356,000. If repairs are made (the with - project condition) the levee will be restored to a 50- year level of protection. Expected damages of $5.9 million will occur only as a result of events with a return period greater than 50- years. No damages are expected from events having a return period of 50 -years or less. Average annual with- project damages are therefore about $119,000. The comparison between without- project and with - project damages is presented below. Table 1. Comparison of Without - Project and With - Project Damages Flooding Event Without - Project With - Project Damages Reduced Return Period Damages Damages (Benefits) 2 -years $0 $0 $0 10 -years $0 $0 $0 50- years $5,941,000 $0 $5,941,000 >50 -years $5,941,000 $5,941,000 $0 Average Annual $356,000 $119,000 $238,000 Damages /Benefits g. Benefits /Cost Ratio: The benefit-cost analysis is summarized in Table 2. The recommended alternative is economically justified, with average annual benefits of about $238,000, total costs of $176,000,and average annual costs of about $16,000 for a benefit -cost ratio (BCR) of 14.8. Net annual benefits are about $222,000. This net benefit does not include prevention of damages to Yakima residents and businesses due to the temporary loss of 88 percent of the city's water supply during repair or replacement of the plant. Table 2. Benefit/Cost Ratio Costs Construction costs (including contingency, S &A, and E &D) $176,000 Annualized construction cost (18 years, 4.625 %) $14,600 Annual O &M $1,500 Average Annual Cost (rounded) $16,000 Average Annual Benefits (rounded) $238,000 Net Annual Benefits $222,000 Benefit Ratio (BCR) 14.8 • enefit Cost Rat o ( ) 8 PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 h. Sensitivity Analysis: An analysis was conducted to examine the sensitivity of benefits to two variables: the zero damage point, and the expected damages resulting from a 50 -year (0.02 probability) event. The results are presented in Table 4 and show that either increasing the zero damage point from a 10 -year event to a 25 -year event, or decreasing the expected damages resulting from a 50 -year event from 50 percent to 10 percent of the depreciated replacement costs of the WTP both result in a BCR greater than 1.0. A reasonable conclusion is that the analysis is relatively insensitive to changes in either of these variables, and that there is ahigh probability that the annualized economic benefits of the repair exceed the annualized costs. Table 3. Sensitivity Analysis Zero Damage Point 50 -year Event Damages Benefit -Cost Ratio (BCR) 10-year Flood Event 50 percent of WTP Depreciated 14.8 Value ($5.9 Million) 25 -year Flood Event 50 percent of WTP Depreciated 3.7 Value ($5.9 million) 2 percent of WTP Depreciated 10 -year Flood Event Value 3.5 ($238,000) i. Benefit Checks: Benefit checks are summarized in Table 4. Table 4. Benefit Checks Benefit Check Check met? 1. First costs do not exceed property value Yes Property Value: $11.9 million First costs: $176,000 2. Crop benefits per acre do not exceed 5% of land value Not applicable per acre 3. Crop benefits do not exceed net crop income Not applicable 4. Each property owner accounts for less than 25% of No. 100% of benefits benefits accrue to a public utility. 13. Environmental a. General: The portion of the Naches River comprising the project area includes a single channel, approximately 150 feet in width, bounded by a levee on the left bank with some willows. Mature, woody vegetation is along the right bank buffering pasture lands. Mature cottonwoods are along the landside of the levee. 1111 9 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS • NAC -1 -09 The levee is approximately 4 -8 feet high. The top width is about 12' to 14' wide with a gravel crown. The levee was constructed with a 2H:1 V riverward armored slope adjacent to the river. The Naches River in the vicinity of the project area provides migratory, foraging, and rearing habitat for most of the fish species that utilize the river and upstream tributaries, as well as habitat for a diversity of other aquatic and terrestrial species. Salmonid species in the project vicinity include bull trout and steelhead. The repaired levee will encompass a footprint falling fully within the levee footprint that preceded the flood event, and will be reconstructed using the same prism and dimensions, materials and construction methods. b. Endangered Species Act: The following species listed as endangered (E) or threatened (T) and their critical habitat (CH) are found in the project area: Steelhead (T) (CH) Bull trout (T) (CH) Although Bald Eagle was delisted on June 28, 2007, they continue to be protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. These Acts require some measures to continue to prevent bald eagle "take" resulting from human activities. Additional guidance regarding these requirements is available at the time of this writing from http : / /www.fws.gov /midwest/eagle Any potential effects of the proposed work on threatened or endangered species and designated critical habitat will be addressed in separate compliance documentation in accordance with Section 7 of the Endangered Species Act. It is anticipated that the impacts are not likely to adversely affect ESA - listed species, due to construction timing in the approved work window and environmental enhancement features. Loss of riparian vegetation this year will impact three to seven years of juvenile salmonids, which includes the ESA - listed steelhead and bull trout. Loss of vegetation will mean small increases to water temperature in the Naches River because of less shade and loss of food production sources. The juvenile salmon affected by this degradation of habitat may be smaller than normal when they reach the estuary, and may be less fit for ocean survival. c. Environmental Considerations during Construction: - Water Quality: Repair construction work on the levee may cause short- term impacts to local water quality. Turbidity may be increased due to fill placement. Turbidity during project construction will be monitored; if state water quality standards for turbidity are exceeded, project work 10 • • PROJECT INFORMATION REPORT S REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 will be halted until the standards are met. Materials for construction will be obtained from an established rock quarry. No contaminants are known or suspected to be present in the construction materials. - Fish and Wildlife: When completed, this levee repair is not intended or expected to generate appreciable change in habitat conditions as compared with conditions pre - existing the flood event. Repair construction work may result in short-term impacts to fish and wildlife. If present, adult and juvenile salmonids may be temporarily displaced from the project area. Construction noise may temporarily disturb any wildlife in the project area. No long -term impacts are fish and wildlife are anticipated because of the construction work window (July 15 to September 15) and environmental enhancement features. Any effects will be temporary and primarily occur during construction. Wetlands: The proposed project will not result in the loss of or impacts to wetlands. The repair construction work will occur within the footprint of the pre - existing levee. Construction access and staging area to project site will be the existing parking area adjacent to the water treatment plant.: However, confirmation delineation may be necessary to confirm no potential wetlands impacts will occur during the proposed levee rehabilitation. d. Cultural Resources: Search of the National Register of Historic Places or the Washington State Department of Archaeology and Historic Preservation electronic database on 11 December 2008 found no archaeological sites or other kinds of candidate historic properties in the project's APE. On- the - ground inventory of the APE is not recommended, as it is very unlikely that historic properties of the archaeological or historic structural types are present. A finding of "historic properties unlikely to be affected" is appropriate, pending the outcome of consultation with the Confederated Tribes and Bands of the Yakama Nation Tribal Historic Preservation Officer concerning other property types. This report will be amended if necessary to reflect that communication. Under any circumstances, there is always a small chance that previously unknown archaeological sites or human remains may encountered during construction. If such inadvertent discoveries occur, construction will cease in the area of the find and the protocol detailed in the Supplemental Construction Data will be implemented. 4110 e. Recreation: This levee is not considered to be a formal recreation area; however local residents may occasionally use the levee for fishing and bird watching. Their long term access will not be affected by the project. 11 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 • f. Cumulative Effects: This levee has been subject to previous levee rehabilitation projects. The baseline condition of the Naches River will not be altered due to the proposed action. All construction actions will be during the approved work window and environmental enhancement features will be included so no long term deleterious effects to fish species are anticipated. Wetlands are not present with the project's construction footprint and will not be impacted. If they were present, impacts to or loss of wetlands adjacent to the project area could be considered a substantial and cumulative impact. g. Coordination: The proposed work will be formally coordinated throughout the planning, and construction phases with the following agencies: (1) U.S. Fish and Wildlife Service (2) NOAA Fisheries (3) Environmental Protection Agency (4) Washington Department of Fish and Wildlife (5) Washington Department of Ecology (6) Yakima Nation (7) State Historic Preservation Office Recommendations from the above listed agencies will be considered and implemented as appropriate. Any suggested revisions to the design as a result of agency review will require design, cost, and technical review prior to construction. Environmental effects of the proposed levee rehabilitation will be considered during the planning process in accordance with ER 200 -2 -2, Procedures for Implementing NEPA, paragraph 8, Emergency Actions. h. Further Compliance: An environmental assessment (EA) will be prepared to evaluate probable impacts of the project on the existing environment. Factors addressed by the evaluation include public safety, water quality, wetlands, threatened and endangered species, noise, economics, fish, and wildlife. The EA will be coordinated with applicable Federal and State resource agencies. The NEPA process will be concluded pursuant to requirements in'ER 200 -2 -2. In addition, the requirements for compliance with the Endangered Species Act will be completed. The local sponsor will be required to obtain all applicable local and state permits. Pursuant to 33 U.S. Code section 1344(f)(1)(B), emergency reconstruction of recently damaged parts of levees does not require a Clean Water Act Section 404 evaluation, provided that the work is conducted for maintenance purposes. Analogizing to 33 Code of Federal Regulations section 323.4(a)(2), rehabilitation may not include any modification that changes the character, scope, or size of the original fill design. Concerning scope and size, the proposed repair would not require a Section 404(b)(1) evaluation as long as the footprint of the levee repair that falls within waters of the U.S., is no larger than the pre- damage footprint and wetlands are not temporarily impacted during 110 construction. 12 PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 i. Environmental Enhancement Features: Project construction will include environmental enhancement features to address impacts to ESA critical habitat generated by the removal of sporadic large woody vegetation, pending full establishment and maturity of willows planted during construction. Willow stakes will be planted in a lift above as shown on the drawing. The willow lifts will need to be watered by the City of Yakima for two years. The willow planting will provide cover and detritral import to the aquatic environment. To compensate for any design changes made during the Engineering and Design Phase, additional enhancement features may be required. 14. Interagency Levee Task Force HQUSACE has not directed activation of an Interagency Levee Task Force for the flood event associated with the May 2008 flood event in Eastern Washington. However, informal coordination with FEMA is ongoing. 15. Proiect Management a. Funding Authority (1) Program and Appropriation: FCCE, 96x3125 (2) Project Funding Class: 320 (3) Project CWIS Number: 155464 b. Project Funds: Project Cost Estimate The cost estimate is presented by the details of each damage site first, followed by a project summary table that adds S &A, Contingency, and E &D. City of Yakima Water Treatment Plant Levee March 2009 COSTS Total Equipment Subtotal $ 63,000 Materials Subtotal $ 84,300 5% Habitat Feature • $ 4,200 Construction Subtotal $ 151,500 S &A (6 %) $ 5,400 Contingency (10 %) $ 8,850 Total Construction Cost $ 166,000 Total Engineering and Design (6 %) (Fed Cost) $ 10,000 Total Project Costs $ 176,000 Federal Project Cost (80% + Engineering and Design) $ 143,000 Non - Federal Sponsor Project Cost (20 %) $ 33,000 B/C Ratio - 14.8 • 13 • PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS • NAC -1 -09 c. Project Repair Schedule The Work Window (work allowed in the water) is 15 July — 15 September. Work performed outside this window will only consist of work that is not in the water. RESPONSIBLE PARTY MILESTONE TAKS MILESTONE DATE COE PIR Approval April 3, 2009 COE CA and LER Cert Documents to Public Sponsor; . and Designs for Review NLT April 7, 2009 City of Yakima CA Signed by Public Sponsor April 30, 2009 COE E &D complete May 8, 2009. COE Environmental Documentation May 18, 2009 City of Yakima Public Sponsor certifies lands June 4, 2009 COE RE Division Certifies Lands Available July 8, 2009 COE Solicit contractors July 22, 2009 City of Yakima Public Sponsor provides cash contribution July 29, 2009 COE Initiate (rental equipment) construction August 1, 2009 COE Complete Construction September 30, 2009 d. Project Authentication: Prepared by: Amanda Ogden, (206) 764 -3514 • "Emergency Management approval by: Paul Komoroske, (206) 764- 3406 e. Technical Points of Contact: Emergency Management: Doug Weber, (206) 764 -3406 Project Management: Amanda Ogden, (206) 764 -3514 Economics : - Douglas Symes, (206) 764 -3647 Environmental: Hannah Hadley, (206) 764 -6950 Cultural Resources: Lawr. Salo, (206) 764 -3630 Engineering and Design: Cathie Desjardin, (206) 764 -3542 Program Management: Doug Weber, (206) 764 -3406 Real Estate: Leibnitz Watts, (206) 764 -3197 Hydraulics and Hydrology: Travis Ball, (206) 764 -3277 14 • PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 Appendix A: Project Sponsor's request for Rehabilitation Assistance. AP ; END] IE: %.g ; .'.11,11TATION cUINT U.S. Army Cis of _.;, 1 Ike DM of ATM; Euterganzy . Breach Street Address City, Stoma Dear Sir' T h e i ose o f this letter is _?. I „ 1 , the Corp of . Engineers cn Pubes Law 34-99 34-99 di pair ae cft Ire to aw`8 � ! Or Q t y o'er costrol project) �,t ��l Y1Y Vyply FI/ 1 �;/ 1' i • { 1 f... ) 1 1 111, �! I ~ tO aop Th project is Active in die Rehabilitation and Inspection Prima, sod by the s if Ingineers co ram _ai l9,p® ..,: The Iticadtss of the lei mad s briefdesciiption of tip dosage areas follows: Project I I <pYp Phanbe r_ diver c%Stapsin Air,fflelA on, gaiter Utah (cirele): Right, ! r€nor � A., �S • t 5 / � 7 � t�cA a � ( ' /.,,.Ll:!'�� '�: J: .-0 '....- `',`. >-. 1_ ,.1 .x, Imo" 1 $ IL OP J . 4 3. 4 17011 C / lak CL QOM 1 �V Udine /C TomthsbiP l Al Range d blic Spenser Point of Qom= p t Name au e. te MOM ,. Telephone (W) 57 .s project ifo .PI.. / Rehabilitation d is t i 14 Cops of revised isms of 14 stela . � wal be provided the levee be Aside Off itchataiitattet Assissase ttadex PL 34-99 sod the motor weak is scconiphahed by the Corps of Ruginessa busby o that the rightly which is awaked the any siiihernized repair wad is evadable, sod thi_s ! for the �. Government and its a enter and use a • 4 c �p -a - p-11i � - 11. 11Yr. :fJlf.� '17 erk ... 1 . . • 15 Appendix B: Project location and design data, , ;aps, and related information • ,...,-,...„.„ :-:•-:: Nar...h0- .,„„.....,,, „,...-.,....L.,.. ..„.,. . • :-..--.,... d ...1 • 1 '- ( ..;T ';', ■':, .0 • • „.._ ,.,..,,,„ i i " , . .s.,.. • • 1 ,,.,;,, , - - 2' , -„,. ... . , . . • .,,, I • _ . • PROJECT: • • ‘,•.---- ,,, •....,-,..,!:•:. . • • ', , ' ••`•'-=',.\ ' ‘`‘ 1\14CH ES .—. 4. .-:gr r—L!. . .,,,,,<, .„, , _..... ..-... \ 1 ' WATER r TREATMENT 8 2 ' k i ,! . t ..... L.......... i - .77 SS , z ., . ,.. , -L\ ' PLANT LEE( VE, , 1 1 --,, ei .,..- ...,, .-, 2 - •• • , ." . , ...,._ • - t ' ... . , - - ; -.: 1... , .. 1 ,. ., 41 i•*. 4,.. "... , ..+":'• • ' :Wk. Pet • 1 i 'I . ''',"''''' S+ ,,,,,'"..., , , . . . 4 N T.3 • 14,1 a2krild . • • 4 . - • 1 ' i . .. \ ._ ( •"4 : , Z.42. , "r• ,..,• 2 - ' . . - k ), y S. 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' IS: " t, fife:kg] .. . , ,' .4, - OVA id" -°' -^".... " • , ..- - . ' ... - ,°.g '‘ - '. ' - , "Swesii•e ' ..„„. , • • . Ng:tyska • ' ' ..5N : • " 74!4 - ' '''. l --_-_ , .. , -:•tit..4.3, • ':- ''''''.. ' '''' 'rt.` e\. = -• '" ' . k..%) .-- ‘, . \ .. „...; •: S • , ....,2,1',.1e,.. . - ere,,,i 3 '1 '. ' t • v k„. 4 vi ,,., ee'r" '' -412 „„,..'..4,,,,, - . i'''.. ';- • -4 _ , i r 'I g ' 'Z. -":•••, • •,.• . - ,- • • ---" ,, ,'• ' , :'..A1 1 " --- irar : ' - z.s§ i - , •:A• , . , ' f ,;: . 40 .§ t ; Eneyeweed Awe ,ingieeOutt /44... • - ' ''''i --..- . '4''' yakjigg3".,e'.`,Vi'vg011 He 'gh l s Di l •, ' , .: • -,,.... -, ' ' ,-' '3. ''''''. '.1 z UmLi." *,..-..''' 7.:"_1 '';'"('' ." ":= • ...,,.....-1.t. ,..s ' ' W 1,!.......";::...th A --:..1.4....:.,1e,t , s ,,,,,, i ,, i... E.,K ' ' '— '" - i t ; - , ' -. 7" r ...,,,., 4,-,... TT-thle. ‘. t., tt b....91 ... qesstyng ton relit i Tet sw • efrawa Awl; • - .... t:. • ' . • . '''' - 1 . f.'1,'' .',„" .'.41 ''' 1 '`' . tv:I•z ,4 i';■ 7 '',-. • \! - '74/ 1 . 1 iai a ial' - . . Es'alSve•---ifeairiBr.;•••141estVaSsY-- 1147—" ` -' t......... -'- ' --- Z 2 . 7 • 71 . 7 .i:c. 'kV' LO Fair?! • ' .. .:,.., . 1 _ - , . • , . . f : . 1, • .•,...., 6' . :A. ;-;." :• a 1 ,gi -,:: 3 .,::`,.' T., \z.-, _.: - : r': •• --____: -4 ' 6 ' -"I '' '' ' ' •°1 4 '2 "ZiiN " Milt 1:11Yd-v Iiii fitFil ‘ WEI!iu.higle Rd ,..'• ( .1 V..- etcroce;Re, . ' f • - • . : ' Fteree:04 i — . . !„ ,;', gle 94 f . i'A"' R , • - v r" `" ------ " i" a...," ;.:: , tr,, :-...,•.,.. :.., , ,....,,,i,....ce .• ;..ez " .... .,,,, -s I ,..; ... 1 ,,..._,..., ,..y.,..,,,..4 ...,,,,, 4 .g 4 ,... - ; -5, ...,\ sp.cc.............,,..: ,t... . I ' 1 C .w.s t . . t.:.1,., =, 4744 5..,.c.,4: ' rd rr :2. ' 1-ko ., ‘a - 't a .. 1 NI • R&M.-- –A ''' - .:.-- -- .. r • :, 4 •.--fr: - ...?, 2 - 2 ..22., Rd - ge ".'` I .. , - ' -, : —.ASLO , 4 i` F' S' • ' - 4. 4 V i' :° ---" -- . .. d) 4+.---- .... • -• ..-' ....,-,...„74, -.,. .....k... 4,-- azca'_: — .4c: ------ . , 4— ::r." -- 1 — ..:., - 4 a, ti, gl -,: - • ° e . .k.c rYakarla aa.;1}, ' . potah Broadway 4.!? 3,..„).-7 ....,4/ r., t" tr.. § i : . ;7', -, ' vot cttost /44 • - - ' ,• ...- •r , • 1 2 ' 43k NOR I IA --t-- --,0cdOerital Rd- . i 2 r, . • a;onerr Si • • • • . . . • • • • • • 0 16 • PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS III NAC -1 -09 . � y . ''' j r , V ; Si - ,.. t' 23 _ . 1002 1 ! $ { I n � ,,. i fi .; l . \ . , : I. t -�� rnnsran r E 4 .. ' r Sects, 4. Townst p 1 3 th Rapge t,...- 1- • i �� . Vfllia blerd��n �al�> +,f a IF ,• - ., - - A "r W ' - '" . ' ;. ' +'.'- , _ ++"? - --°' te7 ,,. ; , ik,,, E r .. Lt - III ___ _ W ft ..,.. ,„., _,,,. „,.,, ,,„ S W t' T v '; ` .,e 4 a Legend .. • 4 — Levee Levee Rehabilitation a =` , Temporary Access Route ' - Temporary Staging Area Y I7!; o0, d '£-' ma '• Naches Parcels �.: � � 'py r '',. l Construction Proposed Traffic now ' . + ,� 4 i� + + �' ti N.B. Levee,Temporary Staging Area, and Levee a L . - - , Rehabilitation not drawn to scale - " - a _z_ • 17 • . • • ' 0 . ' • • • . , --.....--r-u-...--,--T-----,...._r_._„.........=,........v.„__.._...T , ...... , .... • . . . i - • : , • • ,,. If■iiiffil i : , , .. i , NACHES . ; , ;. • ,, US Army Corps WATER TREATMENT . .1? fl4 !! ill: „ ,., 1 p 11 1, 9 pih II:vijytill' I , of Engineers ANT LEVEE PL : , ,ii Seattle District - L 4 1 : 1 :1 11 .ilAIIIII III' L L ■a 'll : ''.1 I m 'll .lii k i." it -,,- i H-1! i t co CITY OF YAKIMA WASHINGTON . : : .:, • ! • , • :1: I — 7) E x , • • , , 1 : • . . C— DRAwIN6 INDEX • I • 11 — I m .' - . . . • , 1 SHEET ELATE T i rt F. ., _ „,,,_.,_ , Z ....._' . , t -, •,.•,> to, 1 EET ,..-",,,,. : ,L ._.,,, .,,,,,,,,i ■ ■ i I 1 .-- O Z • i fl -, 1 F.! ' „.„, 1 G-101 TITLE. LOCAT10u, .,,,„.., • \ • • NAIER TPEADVIT.,.1 0 ' 4 ',. y . 1 Z - n m VICINITY MAP AND INDEX , . • %., . PLANT LEVEE f . a I - . ,,,..,... '• ; > m V .; fl : ..- ; t...L. j 44 0 !!! . s" I X 2 [-ID' PLAN VIEW ;•EvEE SETRACK 1 ' " — '• , k • , i -, -, - -,. : • 1: ' -,- A• ', .. : : i E :: , .e. g L 0 M .3 C-102. SECI I ti r vIE:ers z. '....t\'' I) . rt,'" ' [..;,...-" • ! i 11 0 0 sY (D 0 = . . ' ' • , ) i :,"' • 4„ \-,. ' N , , . -.'* ' :-' 3 , , 11#1 . ' ', 0 0 n ' , . .....,.• ".' ■ \ ■',. O z ''' ro.o '' N • ..,, - • f ft, I - '; 6 i 11- ; i Z X :: , kg.% ",.•") .. ',, I . . "i,, ••• ,,,....,, . ""' . '7, i .:1?, ,; _.-- . Y. . - 7 — . - ,...„...;.:,,-....:...f- - .4. ..“•,,,.,,,,;;. ,.1.,•„„..•.;; • , i Mi A i H 5C;- ....,,, .v..."...":...._.; : l• I - I . 3 - .: 4 .1 , ! % , ,-,-, I `-;.;.4 - ' ■ en t.: 1 -,-.. • 'II 1 P. — ;`!" — r - r ,-..--‘. i ••!,`, g< 0 • !3, .., .4 ARA NORTH ; , ,;',..--' r' ' ''.' %., a • .. o<X Cn • ' i I- : , 1- 7 .S . - -) - T• ' L FY 09 . L ..z:•, i c-1o1 • I ' 3 ..TEgWrIgl,....a,,,,..... . : _J.. ....._ ....,„ ----1— --.L..—____ .....-____— ___...... .. . 00 • . ' • • • • Yr J"` n, L tl " � ' " P 1 H -. •1A e s+ „".•. ? w ^ " : •' * , z j • • • i CO i4 ' Jld , j,. "" C ' .- � • rrl.r - ' I t 3 1 • s • 1 c y i•-:i ; � t * k i' 1 S'A - •,. I I • U 's, ° �, �^� 14,' e t a y p ; T 4';':.,; , j aN , r,� 3€�s b,°„ MATERIAL GRADATION l': iy e 1 �9 w y + jIII I } i r 'P` Y I 'a' 1 y w"°'"r�•� y 4 _; QUARRY SPALLS 11/4" MINUS CRUSHED GRAVEL ■ t 'C , q 'i a t F ai d ; ,+�+' - •x'. ��' ° S'} R�"G��i CLAS (LEVEE TOPPINC7 i I j I " .WATER ' ,TTAT � E�L"* 100X PAS C 6•• LASS _ E _ iyv L r, I + PLANT LEVER O E y� '^ r •°'"" r , - . A SI • a^ 8 0/ PASSING 1 t /4" I ill xi i � .. / c , x' r' ; TOTAL LENGTH 579'T +*i BOX TO 75X PASSING 35" 5 01 TO t00X PAS ING 1" ' I m r , *8 4g iror 3 � . I ,� 3 3 h ' • +"" "' i Li3'i(.)[9 ➢.i]c{.�tR� 2" 50X TO 80 PA551NG 5 /B' � J • rT b , •' . TYPE 8 1 I.EVEE 1, 11 ', .. : 4;. ` ` T _ ..� I 3/8" 2 5x TO 45x PASSING •4 1 • 1 ; I I t • C —0 ' ti !s x r :37 9 } LINEAR FEET a ° q r r � t . 121 PASSING • 2 7 TO 164 PASSING • 0 I 1� I r1. ` #' a y 1 L F*' 4 " d w a s d id µ•-a 7.5% MAX •200 I 1 Y ° 3 G t k >. 1, >� NOTES FOR GRADATION r ri 4 .P .� TYPE A • LEVEE D -1." I I I1 O '+' + 150 LINEA FEE w- 5 '�°' i. ALCTION MATERIAL SHALL BE HARD DURABLE, 7 I 3 t i • gy p * • .' AC L TION. BANK W SFR PROTEOM RESI N. W M TO WATER I ` ` f - `' s 4 r G ri+" ` �+w"" rv " , ACTION. FREE FROM OVERB SPOIL SLATE, AND ORGANIC ' >, t • e e°a , t , � ,* ' .. - !w ' t R: i1 " ' B = MATERIAL, AND MEETING SIZE REQUIREMENTS SPECIFIED. t I j w q . r - # 4 i ' {- '" s°' Z, A LL R OH AL L BE H AA , S OUND. E THE ANGULAR. DURABLE STONE. O n ,J t . O F U ANY D CK t HA L NOT A XCEED THREE LONGEST SHORTEST DIMENSION. S AI Z i I r .. 5°` t , } , �' � . • +^- t ,x 1 wav s '' i� "" ACCEPTABILITY OF STONES WILL BE DETERMINED BY VISUAL WSPECTION, 'ti � �t qs " � p : tiI g , 1r' - 4,4 • .i , r I LABORATORY TESTS, AND /OR CEOLOGICINS t 4 0 t i ^" 1 3 r { � 1 1 WAT OF YAI ' . . 4 !. CRUSHED SURFACT SHALL BE B E U NIFORM IN FROM LEDGE ROC/c1 ALUS, ■ 1 . 4 3 O + 1` A A av . t y` , ' f ' ¢ 1WATER TREATENT PL/WT * '. y OR GRAVEL. THE MAT ERIK SNALL BE UNIFORM IN DUA LITY AN D SU AND TALLY Z ,� F y �f 4��f I ^ j y � I r g ^ � F .; "° " "� > hy FREE FROM WOOD ROOTS, BARK AND OTHER EXTRANEOUS MATERIAL AND I 0 D O s L u. 1. . - ` `'y��\ r� "'�" SHALL MEET THE FOLLOWING GRADATION REQUIREMENTS. O C �I d ^ T I I ' �, � P `^ 1 4 ° S ' 1 ! . ° 4 °a ti• r;y` r' RIPRAP GRADATION I v O � _ �¢ { , .3A' z f ' ' i 4 , 6 - 1 t s •i ` v' ^° CLASS N V ' I CO 3` °. ; ' ,,�,t 50PErA LE1 EE DA11A E - y ea" Ma" _.: 100X SMALLER THAN I000 LBS. - 1800 LBS. & "- a `g r < A,h 90 LINEAR FEE - ++ _ K , n 0 a d '� � yt •'"`' StX LAR 400 LOS. 750 LOS. • 7 . �^ f t � 7 " gT , A te ' L i t • s7 \ .. 90X LARGER THAN 2Q0 LBS, '!50 LBS.b 2 O Z wi, a x. e - Kt-74'r ta • * \, .v ' it: 25.200 IRS 25.150 IRS. d � gg Z .. f ; Y 'v t - y y ,,. ,, - a 1 - s$ R - TOLERANCE •12" • 18 " g E x h >4 ' t N q - t � xx ` b �• ° ' a wA . VELOCITY FP S 17 t d j , 1 [ - -I� m s ` [ i "„} ♦ gin F t ' � S �` �; a ,4‘..'1. l G RANLAAR FILL ' 1 F3f r,', "', f 'S ▪ 1 "l� ` Peresnlo o by Weight Pass' Squue•Mash Sie o ; I ]C a r x ' 'ki a , , - k ' w? t b - . °4 k ; '-• S :' 6 e ve '9 '^9 I o f U $ 6 G I n ��y 11.1.At'''!'. Y I h s. '?+ i' " ' P� . max' te i 9 ?Q PZI >A ti 7, I a 1 ,n A "► Oeslgnotton Percent Possinq s w I- ° A R z :F� v S I b� > w O • w f J 3Inch 100 ` z� e a r ° e P s "� � " I . n . 2.1/2 Inch SO-100 AT E u c X ` I s ,� d ° `� m' vJ• .C1,'‘;''''1:'4:". ' '. .. • ,b 'v r. ,� I 1.1/2 hnoh 25.80 • i 9 J w jn 4 5'es.. 3 L , ., v 4 g ' c r , C/) P 'Y ^ '''.' t.v - ..4 r * o d. IC 1kAgo tt Nx 6 Y Na.4 1 0 90 O. W P N o,10 b • 4 0 a ��f 5, �:1 J S ' , 'tl ti� 1 4 7,-,1v,.., a S d L a L , N o, 20 8 . 8 s .f .0,1.,4:46.,.'"1"'" / I Y € s ZM' A Ij - P e , , ` ` ' # � '' ''''..14,..V4, r r �y I ° , . No. 2 0 O •B � F "� 11f s A N p A . ..' ' ''. '1. :' �r 4-''''''' " .'' -. ., k ,, . Y { r. S� au dit'; ' £1 pR � , r n aa • 1 0.0008 Inch shall hartng ti be less than C_.101 • 0.0008 notbo In *noses • of 3 percent by weight of the total •eA,u .csrnawrxa.n�s •'+•eta sample tested. I AI C:LIC C FRt.T. R�+�5UtfNU•YtA, "+lY. 1 • • • • il • III • • f • MP /' 1 trr 1 I11I � � etrSS IV PIMP /� 01CSSLCCL filaci 11 flu. (I I 1 I ! i _. ,A.....---__ �` , !,!..i.1 I', m de LUPINO CNpNtI - I ...� I _ -. I v "- 1i I D 11 I 1 , W -o 1 TYPE A — LEVEE DAMAGE i j 1 1 � ' r 0 > O 200 LINEAR FEET • HI f > L i. Nor la - sca[ ; 111 f 1[7 I -i m g II z . . -r- I z O7 -:. 31'1 - § DTI O KKS IY NIfNW ' [ sl n r ' 1! - I 2 0 g tf, I /off O D \'',.., BKest1Y[ CeRNLA.NN fuL' ■ �k" ry I )f W v O Ilfr tri I • rt E Fl C7 t` ,,r- % �� "� w; ;U - o ` cNawnaN n u 3 6 - -II O O i \_. a , S!• W i \-.ExISTING 4.01p.0 “ 7 O C ILi 75 YNWIIP , et' N ONCNrOIr r0[I � � 1 fl At' . Q X d.NN. v ' TYPE B — LEVEE DAMAGE a ' r ^ 375 L [NEAR FEET ^ I U s (� w NII 10 SCILC fn i ` v a C - 1021 t F..ase cc'ui:acaev.a•'. N O PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS • NAC -1 -09 Appendix D: Photos of damaged area October 2008, over steepend levee and toe scour. : , F , tg } ..-.3?:--`,r. Y , % x # :k .*"' -- k # .A�.F l am - S � �, c � . v Z v+- ^ - fir � �. � -� � - a t ,.; re d Y '; 'i' A 3.4 14 -✓ * S r `t "- P • hoto 1: Site 1 damage at the downstream end looking north northeast. ■ T r f a r 4 E t r, "4 r .. - { . ...._ir,....!_,,,......___,„;,....:s.__,„_::;14., _._ ..„._ ,,, __ t, _ __.,._........=_,.......i.__„:„._,,...„,.,,_.,,,,,,..._ , z , Photo 2: Site 2 damage at the downstream end looking upstream. III 21 PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS NAC-1 -09 • 4f 2 Y : • _ A �� -• x• . 1 mat ii Photo 3: Site 2 damage looking east. S 22 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 IP Appendix Z: PIR Review Checklist :P 500 -1 -1 .0 Sep 01 NeAtt.S OC,c4r • PIR Review Checklist for FCW Rehabilitation Projects YES NO N/A 1 7S The project is active in the RIP. [ER, 5 -2.a.] 2. The project was damaged by flood(s) or coastal storm(s). [ER, 5 -2.] 3 ?t The Public Sponsor has requested Rehabilitation Assistance in writing. [EP, 5- 10.b.] 4 -i The Public Sponsor has agreed to sign the Cooperation Agreement, which will occur before USACE begins rehabilitation work. • [ER, 5 -101 5. The estimated construction cost of the rehabilitation is greater than 515,000, and is not considered sponsor maintenance. [ER, 5- 2..q.] 6. , The repair option selected is the option that is the least cost to the Federal government, or, the sponsor's preferred alternative is selected with all increases in cost paid by the public sponsor. PIR includes justification for non - select of the least cost alternative. • [ER, 5 -2.h. and 5- 11.e.(3)] • 7. The public sponsor is aware of the opportunity to seek a nonstructural alternative project, and has decided to proceed with a structural rehabilitation. [ER, 5 -16] 8 The cost estimate in the PIR itemized the work to identify the Public Sponsor's cost share. [ER, 5-11] • 9. The rehabilitation project has a favorable benefit cost ratio of greater than 1.0:1. [ER, 5 -2.r.] • 10. The proposed work will not modify the FCW to increase the degree of protection or capacity, or to provide protection to a larger area. I^`$1/�� [ER, 5 -2.n.] 11. I Betterments are paid 100 percent by the Public Sponsor. [5 -2.o.] 12. The CA contains a provision for 80% Federal and 20% local cost share for non - Federal projects. [ER, 5- 11.a.] 13. Cost for any betterments are identified separately in the cost • estimate. [ER, 5 -2.o.] Page Z -1 FIGURE 5-4. PIR Review Checklist (Appendix Z) for FCW Rehabilitation Projects .5 -22 • 23 • • PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS NAC -1 -09 EP 500 -1 -1 30 Sep 01 PIR Review Checklist for FCW Rehabilitation Projects (Continued) YES NO N /A 14. Pin Repair of deliberate levee cuts is the responsibility of the public sponsor, except as provided for in ER 500 -1 -1, paragraphs 5 -2.j. and 4 -3.h. [ER, 5 -2.j. and 4 -3.h.] 15. % All deficient and deferred maintenance will be paid for or accomplished by the'Public Sponsor, without receiving credit toward any sponsor's cost share. [ER, 5 -2.g.] • 16. 7< Any relocation of levees is adequately justified. [ER,.5 -2.h.] 17. X USACE assistance does not correct design or construction deficiencies. [ER, 5- 12.a.] • 18. X An assessment of environmental requirements was completed. [ER, 5 -13., and EP, Figure 5 -3, paragraph 12.1 19. ?S The project complies with NEPA, and required documentation was completed and placed in Appendix G of the PIR. [ER, 2 - 3.k.; • • • ER, 5 -13.; and EP, Figure 5 -3, paragraph 12.] 20. The Endangered Species Act was appropriately considered. [ER, 5- 13.g., and EP, Figure 5 -3., paragraph 12.] 21. EO 11988 requirements were considered in the process of evaluating the proposed project for rehabilitation. [ER, 5- 13.f., and EP, Figure 5 -3, paragraph,12.] . 22. / The completed PIR has been reviewed and the PIR Checklist has been reviewed and signed by the Emergency Management Office. [EP, 5- 11.a.(3)(a)J • 23. . h The completed PIR meets all policy, procedural, content, and formatting•requirements of ER 500 -1 -1 and EP 500 -1 -1. [ER, 2 -3.b.] ' EVIE ' N OFFICIAL'S SIGNATURE • TITLE 0 • /TELE HONE 71-(- NUMB / E l 37v 0 Page Z -2 FIGURE 5-4. PIR Review Checklist (Appendix Z) for FCW Rehabilitation Projects (Continued) 5 -23 • • • , 24 9 � • COOPERATION AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND • THE CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON FOR RE ABILITATION OF A NON - FEDERAL FLOOD CONTROL WORK YAKIMA SEWAGE TREATMENT PLANT LEVEE JOB NO. YAK -1 -09 T IS AGREEMENT, entered into this day of 2009, by and between THE DEPARTMENT OF THE ARMY (hereinafter referred to as the "Government ") represented by the District Commander, U.S. Army Corps of 411 Engineers, Seattle District, and the CITY OF YAKIMA, WASHINGTON, (hereinafter referred to as the "Public Sponsor "), represented by the City Manager for the Public Sponsor. WITNESSETH THAT: WHEREAS, 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: • ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS • For purposes of this agreement: A. The term "Rehabilitation Effort" shall mean repairing approximately 500 linear feet of both riverward and landward damage; the levee will be set back and the slope . will be re- graded from 2H:1V to 3H:1V where there is room (setback) and armored with Class IV riprap; the toe on the riverward side will be replaced of 15'H X 5' V with Class V riprap as generally described in a report entitled Rehabilitation of Flood Control Works, Yakima Sewage Treatment Plant Levee, Job No. YAK -1 -09, prepared by the District Commander, U.S. Army Corps of Engineers, Seattle District, dated April 23, 2009, and approved by the Division Commander on May 05, 2009. 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 H - 0 ; LIGATIONS OF T1 E GOVERNMENT AND PIJDLIC 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. Yakima Sewage Treatment Plant Levee Project 2 Job No. YAK-l-09 5/28/2009 • B. As further specified in Article III the Public Sponsor shall provide all lands, p ands, easements, and rights -of -way, and suitable borrow and dredged or excavated material 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 furthez 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 - LAN I S, 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 Effort. 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, Yakima Sewage Treatment Plant Levee Project 3 Job No. YAK -1 -09 5/28/2009 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, 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 - MET I.OD 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 H of the Agreement. Rehabilitation Effort costs is currently estimated to be $317,000.00 and the Public Sponsor's share of total Rehabilitation Effort costs is currently estimated to be $63,000.00. In order to meet the Public Sponsor's cash payment requirements, the Public Sponsor must provide a cash contribution estimated to be $63,000.00. 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 411 q p 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 compute the Rehabilitation Effort costs and tender to the Public Sponsor a final • accounting of the Public Sponsor's share of Rehabilitation Effort costs. 4 Yakima Sewage Treatment Plant Levee Project Job No. YAK -1 -09 5/28/2009 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 410 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. 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. Yakima Sewage Treatment Plant Levee Project 5 Job No. YAK -1 -09 5/28/2009 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 - FEDERAL AN" 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. 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)). ARTICLE VIII - RELATIONS IP 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 are to be considered the officer, agent, nor employee of the other. 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 Yakima Sewage Treatment Plant Levee Project 6 Job No. YAK -1 -09 5/28/2009 The Public Sponsor warrants that no erson or selling agency has been employed or P g g Y 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 - TERMINATION OR SUSPENSION If at any time the Public Sponsor fails to carry out its obligations under this Agreement, the District Commander shall terminate or suspend work on the Rehabilitation Effort, unless the District Commander determines that continuation of work on the Rehabilitation Effort is in the 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 are 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. 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. Yakima Sewage Treatment Plant Levee Project 7 Job No. YAK -1 -09 5/28/2009 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 be 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: If to the Public Sponsor: If to the Government: Max Linden, Utilities Engineer District Commander City of Yakima Wastewater Treatment Plant P.O. Box 3755 2220 E. Viola, Yakima, WA 98901 Seattle, WA 98124 -3755 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. Yakima Sewage Treatment Plant Levee Project g Job No. YAK -1 -09 5/28/2009 • C. Any notice, request, demand, or other communication made q 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 HhI REOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Commander. THE EPARTMENT OF THE ARMY T E CITY OF YAKIMA, WA BY: BY: • • ANTHONY O. WRIGHT • RICHARD A. ZAIS Colonel, Corps of Engineers City Manager Commanding DATE: DATE: i Yakima Sewage Treatment Plant Levee Project 9 Job No. YAK -1 -09 5/28/2009 CERTIFICATE OF AUTHORITY • I, Jeff Cutter, do hereby certify that I am the principal legal officer of the City of Yakima, 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 Yakima Sewage Treatment Plant, and to pay damages in accordance with the teens 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. 6 AWITNESS WHEREOF, I have made and executed this certification this day of `,P 2009. ._ i. JEFF ' i ' ' ER Att . i ey, City of Yakima, WA • • • Yakima Sewage Treatment Plant Levee Project 1 Job No. YAK -I -09 5/28/2009 • CERTIFICATION REGARDING LO : BITING The undersigned certifies, to the best of his or her knowledge and belief that: (1) 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 Cong>ess, or 'an employee of a membef 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 , 2009. RICHARD A. ZAIS City Manager City of Yakima, WA • Yakima Sewage Treatment Plant Levee Project 11 Job No. YAK -1 -09 5/28/2009 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 Sewage Treatment Plant Levee is located on the right bank of the Yakima River between River Mile 111.40 and River Mile 110.70, in Yakima County, Washington, Job No. YAK -1 -09. 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 2009, with the United States of America for Public Law 84 -99 levee rehabilitation effort along the right bank of the Yakima River between river miles 111.40 and 110.70, Yakima County, Washington, Job No. YAK -1 -09. This is to certify that the Public Sponsor has sufficient title and interest in the lands hereinafter shown on Exhibit A, 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 include but are not limited to the following specifically enumerated rights and uses, except as hereinafter noted: 1. Perpetual Flood Protectio I Levee Easement -- A perpetual and assignable right and easement in the land delineated on the attached location map, Exhibit A, 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. 2. Temporary Work Area Easement -- A temporary easement and right -of -way in, on, over, and across (the land described in Exhibit ) (land delineated on the attached location map, Exhibit ), for a period not to exceed six (6) months, 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 (borrow area) (work area), including the right to (borrow and/or deposit fill, and waste material thereon) (move, store, and remove equipment and supplies, and erect and remove LER Certification, Attorney Certification and Risk Analysis documents May 28, 2009 J • temporary structures on the land and to perform any other work necessary and incident to the construction of the Yakima Sewage Treatment Plant Levee 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 3. Perpetual Road Easement -- A perpetual and assignable easement and right -of- way in, on, over and across the land described in Exhibit _ for the location, construction, operation, maintenance, alteration and replacement of a road 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. 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 W 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. The City of Yakima, Washington By: DATE: IP 2 ATTORNEY'S CERTIFICATE • RE: Certification of Lands and Authorization for Entry for the Yakima Sewage Treatment Plant Levee is located on the right bank of the Yakima River between River Mile 111.40 and River Mile 110.70, Yakima County, Washington, Job No. YAK -1 -09. I, Jeff Cutter, an attorney admitted to practice law in the State of Washington, certify that: I am the attorney for the City of Yakima (hereinafter referred to as the "Public Sponsor "). I have examined the title to ///,12-B - 5z-005 [Parcel # (s)] of land identified by the U.S. Army Corps of Engineers as needed for the Yakima Sewer Treatment Plant Project, on the west bank (right bank looking down river) of the Yakima River between River Mile 111.40 and River Mile 110.70, 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 Sewer Treatment Plant Project. There [ ] are (see attached risk analysis) [J�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 t i%)___ft , this 9 day of ,Iie,te 2009. e uyi k t „ JEF C [' ER Attorney at Law s 3 RISK ANALYSIS E®' OUTSTANDING T : � I , ' !1± PARTY INTERESTS RE: Certification of Lands and Authorization for Entry for the Yakima Sewage Treatment Plant Levee is located on the right bank of the Yakima River between River Mile 111.40 and River Mile 110.70, in Yakima County, Washington, Job No. YAK -1 -09. 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 RES LIVE: (Discuss recourse available to protect the Project in the event the outstanding interest is exercised). Signed: DATE JEFF CUTTER Attorney for The City of Yakima, WA. 4 • r , : AtI`PtiAf O Tie ARMY • U S. LA or A B5ATTLS ` P.O. DON 37 TLS, tfA C REPLY TO ATTENTION Of APR 23 AN CENWS -OD -EM MEMORANDUM FOR Commander, Northwestern Division U.S. Army Corps of Engineers ATTN: CENWD -CM-OE SUBJECT: Vaddma Sewage Treatment Plant Levee rehabilitation — Valdma River min, Yakima County, Washington, YAK -1-00 - Request for project approval 1. Request project review / approval of a project enclosed herein. DISTRICT REMARKS Project Number YAK -1-OS Category Code 910-320 Type Report Rehabilitation Event Name May 2808 Rood Event Date Start 15 May 1.1 State Washington 4110 County Vattima CWIS Number 165463 BIC Ratio 3.1 : 1 Construction $218,640 $ 54,660 $273,300 E&D $ 20,000 $ 0 $ 20,E SSA $ 13,120 $ 3,280 $ 16,400 Contingency $ R1.040 y. . A 27.300 TOTALS . $274,000 $ 63,000 $337,000 (t Conn • PAD) 2. This memorandum summaries information found in the enclosed Project Information Report. For additional information, please contact Doug Weber (206) 7646836. • R THE COMMANDER Y. Sewage Treatment Plant Levee Rehab PAR YAK-I-09 Re . R - om nded for Approval by: PIR Received on 24 April 2009 Fi ;:;'• / Weiss, PDD- resolved Review completed on 5 May 2009 Fre.rice: , !•. }: • ved Hudson, PDD -N/R Chief, Operations Division Approved: yi' �� ' PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAKIMA SEWAGE TREATMENT PLANT LEVEE YAK -1 -09 Table of Contents EXECUTIVE SU MA -' V 1 PROJECT REPORT 2 1. Project Identification 2 2. Project Authority 2 3. Public Sponsor 2 4. Project Location 2 5. Project Design 2 6. Disaster Incident 3 7. Project Damages 3 8. Project Performance Data 3 9. Project Alternatives Considered 4 di 10. Recommended Alternative 5 11. Lands, Easements, Rights -of -Way, Relocations, and Disposal areas (LERRD) 5 12. Economic Evaluation 7 13. Environmental 12 14. Interagency Levee Task Force 15 15. Project Management 15 APPENDICES 18 Appendix A: Project Sponsor's request for Rehabilitation Assistance 18 Appendix B: Project location and design data, maps and related information 19 Appendix D: Damages 26 Appendix Z: PIR Review Checklist 28 • PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS YAKIMA SEWAGE TREATMENT PLANT LEVEE YAK -1 -09 PART 1. PROJECT EXECUTIVE SUMMARY PROJECT NAME: Yakima Sewage Treatment Plant Levee PROJECT FUNDING CLASS: 320 PROJECT CWIS NUMBER: 155466 NON - FEDERAL SPONSOR: City of Yakima, Yakima County, WA LOCATION AND DESCRIPTION: The project area consists of a damaged non - federal urban levee constructed for flood control to provide protection from periodic recurring flooding for the City of Yakima Sewage Treatment Plant. The levee is on the right bank of the Yakima River at river mile (RM) 111.40 to RM 110.70. Portions of the levee are adjacent to the river and portions are set back from the river channel. The levee is approximately 5 feet high in the damaged areas and the top width varies from 16 to 25 feet, with a 10' wide asphalt pedestrian /bicycle path on the crown. In the presently damaged state, the levee only provides protection from approximately the 5 -year flood. DESCRIPTION OF DAMAGE: During May 2008, significant rapid snowmelt resulted in a long duration, 5- year frequency flood event on the Yakima River. The high flows from the significant snowmelt scoured the levee toe and prism. The levee riverward face has major damage, the majority of the armor on the riverward face was lost throughout this reach exposing the levee embankment material. The levee damage is located on an outside bend of the river near the downstream end of the levee. The damage to the structure is approximately 500 linear feet of toe and slope damage. There is a • large sinkhole at the downstream end of the levee which extends 5' horizontally and 3' deep into the levee, and has undermined the asphalt path. In November 2008, high water caused greater damage to the levee prism along the same reach although the river did not reach flood stage. PROPOSED REPAIR: The recommended alternative is a Levee Setback with Toe Replacement. The construction will be accomplished through emergency contracting procedures and the Rental Equipment Program. The repair includes a total of 500 linear feet of both riverward and landward damage. The levee will be set back and the slope will be re- graded to 2H:1 V to 3H:1 V where there is room and armored with Class IV riprap. SUMMARIZED FINANCIAL AND ECONOMIC DATA: TOTAL CONSTRUCTION COST Total Construction Subtotal $ 273,300 S &A (6 %) $ 16,400 Contingency (10 %) $ 27,300 Total Construction Cost $ 317,000 Total Engineering and Design (6 %) (Fed Cost) $ 20,000 Total Project Costs $ 337,000 Federal Project Cost (80% + Engineering and Design) $ 274,000 Non - Federal Sponsor Project Cost (20 %) $ 63,000 B/C Ratio 1.7 POINT OF CONTACT: Doug Weber, CENWS- OD -EM, (206) 764 -3406 1 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 PART 2. PROJECT REPORT 1. Proiect Identification a. Project Name: Non - Federal Yakima Sewage Treatment Plant Levee b. Project Funding Class: 320 c. Project CWIS Number: 155466 2. Project Authority a. Classification: Non - Federal b. Authority: No Information c. Estimated original cost of project: Unknown d. Construction completion date of the original project: Unknown e. Additional information regarding major modifications /improvements/ betterments: PL 84 -99 repairs carried out in 1978 3. Public Sponsor a. Sponsor Identification: City of Yakima POC for City of Yakima: Max Linden, Utilities Engineer City of Yakima Wastewater Treatment Plant 2220 E. Viola, Yakima, WA 98901 (509) 249 -6814 b. Application for Assistance: (1) Date of Issuance of District's public Notice: 16 June 2008 (2) Date of NFS's written request: 06 Aug 2008 (verbal assistance requested 6 June 2008 4. Proiect Location (See Appendix B) a. City: Yakima County: Yakima State: Washington Basin: Yakima River River. Yakima River River Mile: 111.40 to 110.70 River Bank: Right b. Narrative: The Yakima Sewage Treatment Plant Levee is located on the right bank of the Yakima River from approximately river mile (RM) 111.40 to RM 110.70 in the City of Yakima in the Yakima River Basin in Yakima County, Washington 5. Project Design. This non - federal urban levee was constructed for flood control to provide protection from periodic recurring flooding for the City of Yakima Sewage Treatment Plant. Portions of the levee are adjacent to the river and portions are set • back from the river channel. The levee is approximately 5 feet high in the damaged areas; the top width varies from 16 to 25 feet, with a 10' wide asphalt 2 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 pedestrian /bicycle path on the crown. The riverward slope is typically 2H:1V. The levee was constructed with a 5' vertical by 15' horizontal Class V riprap toe. The toe is shown on the as -built drawings and has been noted in good condition on the continuing inspection reports. The riverward slopes are armored throughout the reaches where the levee is adjacent to the river. The levee is predominantly composed of silty, sandy gravel and native material. In the presently damaged state, the levee only provides protection from approximately the 5 -year flood. With restoration, the levee would provide protection from at least the 20 -year flood event, which returns the levee to the pre -flood Level of Protection (LOP). 6. Disaster Incident: During May 2008, significant rapid snowmelt resulted in a long duration, 5- year frequency flood event on the Yakima River. The flood peaked on 19 May 2008 as measured at the USGS gage in Union Gap. For more information on the flood event, see Seattle District's EngLink Situation Reports for Spring Snowmelt Flood FY08 #2, May 2008. 7. Project Damages: The high flows from the significant snowmelt scoured the levee toe and prism. The levee riverward face has major damage, the majority of the armor on the riverward face was lost throughout this reach exposing the levee embankment material. The levee damage is located on an outside bend of the river near the downstream end of the levee. (See drawing depicting pre -flood and post -flood condition in Appendix B). The damage to the structure is approximately 500 linear feet of toe and slope damage. The toe varies from partially to completely scoured along the 500 LF reach. The lower slope protection has been lost leaving the slope in . a vulnerable condition. The levee backslope was damaged by through seepage. The gravel embankment material is exposed throughout the reach. There is a large sinkhole at the downstream end of the levee which extends 5' horizontally into the levee, and has undermined the asphalt path. It is approximately 3' deep. In November 2008, high water caused greater damage to the levee prism along the same reach although the river did not reach flood stage. 8. Proiect Performance Data There was a continuing eligibility levee inspection performed in June 2008. The levee was found to be in acceptable condition. Levee performance is closely related to levee maintenance. The City of Yakima has maintained this levee with periodic vegetation cutting, drainage culvert/flap gate maintenance and pre- and post -flood inspections. The level of maintenance is consistent with Seattle District recommendations. There are no maintenance deficiencies. This levee is classified as an urban levee. a. Inspection Results. (1) Date of Last Inspection: June 2008 (2) Type of Last Inspection: Continuing Eligibility Inspection (CEI) (3) Project Condition Code of Last Inspection: Acceptable (4) Status: Eligible b. Sponsor's Annual O &M Costs: $3,000 - $4,000 • 3 PROJECT INFORMATION REPORT 411 REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 • c. Estimated Cost to Repair Maintenance Deficiencies: No maintenance deficiencies identified. 9. Project Alternatives Considered: Multiple alternatives were considered including, the No- Action alternative, the Repair to Pre -Flood Condition, the Levee Setback with Toe Replacement Alternative, and the Non- Structural Alternative. a. No Action Alternative: The No action alternative was rejected due to the high likelihood of partial or total failure of the levee with the occurrence of a 5 -year event. The results of a failure would include damages to the City of Yakima Sewage Treatment Plant and associated infrastructure. There is a public bicycle /pedestrian asphalt path on the levee crown, this public use trail would be un- usable. b. Repair to Pre -Flood Design Alternative with Toe Replacement and Groin: This alternative would rebuild the levee in the pre -flood non set back foot print. The riverward face will have a 2H:1V slope and the face will be armored with riprap. The weighted toe dimensions will be 13' H:4' V. At the upstream and downstream ends, the damaged levee would be regraded and remaining existing embankment material and slope rock will be salvaged. A willow lift would be placed on the riverward face of the levee just above ordinary high water. The asphalt crown will be replaced at the end of construction. Construction of this alternative would take considerable in water work. This alternative was evaluated and was considered but was not chosen because the levee setback with toe alternative will allow greater conveyance through this outside bend reach of the river which shall reduce the pressure on the levee slope and provide a substantial environmental benefit. c. Levee Setback Alternative: This alternative would set the toe and slope back from the pre -flood alignment giving the active river channel additional room. At the upstream and downstream ends, the damaged levee would be re- graded and remaining existing embankment material and slope rock will be salvaged. In the full setback portion of the levee, the levee will be removed and set back a total of 20 feet. At the downstream end, the armored transition portion of the lower riverward slope would be retained and levee prism will be set back. The riverward slope will be armored with riprap. The riverward slope will be tie into the existing 2H:1V. The levee will be constructed with a 3H:1 V slope where there is room. In the full setback region, the levee will be moved landward approximately 20' through the repair area near the downstream end as the toe portion ties back into the existing riverward slope. The riverward slope will be armored. The asphalt crown will be replaced at the end of construction. See the design drawings in appendix B. The weighted toe dimensions will be 15' H: 5' V. This alternative was chosen as the preferred plan as it returns 411 the levee to the pre -flood level of protection; it is the most cost effective and is also the sponsor preferred alternative. A lift of willows will be incorporated into the repair 4 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1-09 above ordinary high water at the downstream end of the project where they are hydraulically feasible. d. Non - Structural Alternative: This alternative would relocate all existing structures, utilities and other infrastructure within the damage area protected by this section of levee. This was not a viable alternative for our sponsor. The costs associated with this alternative were deemed too high for the level of benefit associated with this alternative. 10. Recommended Alternative: The recommended alternative is c. Levee Setback with Toe Replacement. The construction will be accomplished through emergency contracting procedures and the Rental Equipment Program. The repair includes a total of 500 linear feet of both riverward and landward damage. The levee will be set back and the slope will be re- graded to 2H:1V to 3H:1V where there is room and armored with Class IV riprap. The levee toe will be replaced at 15'H X 5' V with Class V riprap. Existing remaining riprap will be incorporated into the repair. Once the flood protection level has been restored to the levee, the asphalt path will be replaced as soon as the asphalt plants open in the spring. The recommended alternative will continue to be evaluated through construction or through completion of environmental documentation, whichever is earlier, as required under NEPA. The toe construction will require work below the ordinary high water mark. Work will be accomplished during a period of low water during the approved fish window (June 1- September 15). This will aid in preventing damaging flows from eroding the levee and perform as an environmental feature. Willow stakes will be planted in a lift above OHW as shown on the drawing. The willow lifts will need to be watered by the City of Yakima for two years. Best Management Practices will be utilized to minimize environmental impacts. Fishery concerns were taken into consideration in setting back the levee. Access to the levee will be from the Sewage Treatment Plant. 11. Real Estate Article II, B, of the Cooperation Agreement (CA) will require that the Public Sponsor provide all lands, easements and rights of way, relocations and disposal areas (LERRD) that the Corps of Engineers (COE) Real Estate Division identifies as necessary for the construction, operation and maintenance of the Rehabilitation Effort for the Yakima Sewage Treatment Plant Levee Project. In order to proceed with the rehabilitation effort, the Public Sponsor must make lands available prior to solicitation for the construction contract. See the proposed project schedule under Section 15 of this report. 5 PROJECT INFORMATION REPORT ® REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 To meet the real estate requirements, the Public Sponsor will need to demonstrate that it has the below permanent real property interest for the proposed levee rehabilitation effort. PERPETUAL FLOOD PROTECTION LEVEE EASEMENT ESTATE A perpetual and assignable right and easement in the land delineated on the attached location map, Exhibit A, map 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. Currently it appears there is adequate room within the levee area for maneuvering trucks and equipment, Proposed access (both ingress and egress) to the temporary access point and work site is available from East Nob Hill Boulevard. A temporary work area for construction access and staging is proposed and delineated on the attached location map, Exhibit A. The Public Sponsor will need to demonstrate that it has the below temporary rights for access and staging. TEMPORARY WORK AREA EASEMENT A temporary easement and right -of -way in, on, over, and across the land described in Exhibit A for a period not to exceed six (6) months 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, and waste material 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 Sewage Treatment Plant Levee, Job No. YAK -1- 09, together with the right to trim, cut, fell, and remove there from 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. There will be no need for offsite disposal because excavated materials will be utilized within the existing levee easement footprint. Also, as part of the land certification process for the levee rehabilitation effort for the Naches Water Treatment Plant Levee Project, the Public Sponsor will need to provide title reports, not more than 90 days old at the time of land certification, that demonstrate its interest in the lands required for construction, and subsequent operation and maintenance. 6 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 • Any questions regarding types of property interests needed for the proposed project should be coordinated with COE, Real Estate Division. 12. Economic Evaluation a. Location: This non - federal urban levee extends along the right bank of the Yakima River in Yakima, Washington, in the immediate vicinity of the City of Yakima's Sewage Treatment Plant (treatment plant). Yakima is located in Yakima County approximately 85 miles southwest of Seattle. b. Protected Area: The project protects an approximately 20 million gallon treatment pond that is part of the treatment plant facility located at 2220 East Viola Avenue in Yakima, Washington. The plant treats around 3.9 billion gallons of wastewater annually. It is a regional facility serving the City of Yakima (pop. 84,300), the City. of Union Gap (pop. 5,642), the City of Moxee (pop. 858), and the Terrace Heights Sewer District. It is the only treatment plant between Selah to the north and Union Gap to the south. The upstream end of the project area protects one of two large rectangular treatment lagoons. NWS engineers estimate that a levee breach may compromise the integrity of the lagoon, allowing effluent to flow directly into the river, and causing the plant to be out of compliance while repairs are made and the lagoon is restored to operation. The downstream end of the project area protects about half of 76 acres of land formerly used as spray fields for waste water treatment. The spray fields are not currently in use for waste water treatment, and are temporarily leased out for hay production. Future use of the spray fields as a riparian mixing area is currently under consideration by City of Yakima engineers for construction five to eight years in the future and may represent a significant savings compared to alternative reconfigurations of the existing outflow. However, these expected future savings have not been quantified in this analysis. The levee also provides protection for a ten foot wide asphalt walking /jogging /biking trail, part of the Yakima River Greenway System, running along the crown of the levee for its entire length. The Yakima Greenway Association estimates that the trail provides recreational experience to over half a million visitors each year. c. General: According to ER 500 -1 -1, the . period of analysis for PL 84 -99 projects is the lesser of the following: 50- years, the degree of protection afforded by the project, or the anticipated remaining life of project without major rehabilitation. If repairs are performed, the project will be restored to its previous level of protection and NWS engineers estimate that it would then provide protection from at least the 20 -year flood event. Previous repairs to the Sewage Treatment Plant Levee under the PL 84- 99 program were carried out in 1977, 1981 and in 1996, giving an average period between significant rehabilitations of about 10 years. If the project were repaired to • its pre -flood condition the period of analysis would be limited to the project's expected 7 PROJECT INFORMATION REPORT 1111 REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 remaining life without major rehabilitation based on the frequency of prior repairs, or about 10 years. However, the recommended plan includes setting the levee back about twenty feet from its present location, which will reduce pressure on the levee, thereby reducing the probability the levee will require additional rehabilitation in the future. With this modification, NWS engineers estimate that the levee will have 50 years of remaining life without significant rehabilitation. The period of analysis is therefore 20 years. All project benefits and costs are expressed at a FY2009 price level. Benefits and costs are annualized over the period of analysis using the federal discount rate prescribed for water resource projects, currently set at 4.625 %. d. Without - Project Condition: The levee was damaged during a five -day flooding event in May 2008 with an estimated return period of 5- years. Damage consists of toe scour and slope erosion of the riverward face of the levee. The levee also suffered seepage damage. NWS engineering staff estimated that the levee's level of protection has been reduced from 20 years to 5 years. In the no action (without - project) alternative, the levee would not be repaired. Damage to one of the treatment lagoons of the Sewage Treatment Plant may occur • in a flood event of 5 -years or greater return period and is considered likely with flood events of 10 -years or greater. A breach of the levee would also damage the Yakima River Greenway System walking /jogging /biking trail and would compromise the integrity of the recreational experience along the Greenway System. e. With- Project Condition: The recommended alternative consists of removing the existing levee in the project area and setting it about twenty feet back from the channel. NWS engineers expect the set -back levee will restore the levee to its previous 20 -year level of protection. It would then provide 20 -year level of protection to the Sewage Treatment Plant facilities, the area of the former spray - fields, and the recreation path. f. Proiect Costs: Construction costs including contingencies, engineering and design (E &D), and supervision and administration (S&A) are estimated to total $337,000 for the recommended plan. Although the additional land needed for the setback levee, about 10,000 square feet, is already owned by the City of Yakima, its use for the levee will preclude its use for other purposes. The value of the land, appraised at $1.28 per square foot on the Yakima County Tax Assessor's web site or about $12,800, is therefore an economic cost of the levee repair: Total construction and land costs are therefore about $350,000. These costs were annualized over a 20- year period of analysis using the current Federal interest rate of 4.625 %. Annualized construction costs are about $27,000, and a nominal annual operation and maintenance (O &M) cost of $3,000 (about 10% of annualized construction cost) is • assumed in this analysis even though the repair is not expected to add any net O &M expenses. No interest during construction is included due to . the minimal expected duration of construction, which is scheduled to be completed within the year. 8 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS 111 YAK -1 -09 Average annual cost (annualized construction cost plus annual O &M) is about $30,000, rounded to the nearest thousand. g. Benefits Evaluation: In accordance with ER 500 -1 -1, the economic analysis was prepared to a level of detail sufficient to demonstrate a high probability that the annualized economic benefits of the repair exceed the annualized costs. This analysis evaluates benefits as the avoidable cost that would result from not repairing the levee. Repairing the levee will prevent damage to one of the treatment lagoons. Necessary repairs would be likely to include repair to the structure of the lagoon itself, repair of any erosion undermining the lagoon structure, removing existing sludge, and developing the required biological digesting agents to activate the lagoon once refilled with effluent. Cost of these repairs was estimated to be about $500,000. In addition to the repair cost, damage to the lagoon would result in the treatment plant being out of compliance with clean water regulations for twenty to thirty days. Damage to the pond could also result in spills of up to 20 million gallons of nutrient - rich effluent directly into the river, causing significant ecological damage. The damages resulting from effluent released directly into the river are likely to be considerable, but have not been quantified for this analysis. NWS engineers estimate that damages to the treatment pond are possible from a 5- year event and likely from a 10 -year event. A 5 -year event is therefore assumed to be the zero - damage point for this analysis and damages are assumed to be $500,000 for events with a return period of 10 -years or greater. In the with - project condition, these damages would be prevented for events with a return period of less than 20 years. Expected damages for the without and with - project conditions resulting from damage to the treatment pond are presented in Table 1 below. Annualized damages are $75,000 for the without project condition, $25,000 for the with- project condition, and average annual damages prevented (damages prevented) are $50,000. Table 1. Damage to Sewage Treatment Plant Return Without - Project With Project Benefits (Damages Period Damages Damages Prevented) 5 years $0 . $0 $0 10 years $500,000 $0 $400,000 20 years $500,000 $0 $400,000 >20 years $500,000 $500,000 $0 Annualized $75,000 $25,000 • $50,000 In addition to reducing damages to the treatment plant and avoiding opportunity cost, the project will also protect the ten foot wide asphalt walking /jogging /biking trail, part of the Yakima River Greenway System that runs along the crown of the levee. • Repairing the levee would prevent loss of the trail in the project area, preventing users from safely traversing the project area as part of a longer walk, jog, or bike ride. 9 PROJECT INFORMATION REPORT . REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 The Yakima Greenway Association estimates that the trail is used by half a million users every year. Because it would be difficult to estimate the degree to which losing the section of trail within the project area would reduce overall use of the trail, recreation benefits are not quantified for this analysis. Table 2. Summary of Benefits Benefit Category Benefits Damage to Sewage Treatment Plant $50,000 Damage to Greenway System Path N/A Total $50,000 h. Benefits /Cost Ratio: The benefit -cost analysis is summarized in Table 3. The recommended alternative is economically justified, with total economic costs of $350,000, average annual benefits of $50,000 and average annual costs of about $30,000 for a benefit -cost ratio (BCR) of 3.1. Net annual benefits are about $20,000. This benefit total does not include prevention of damages to Yakima Greenway System path or loss of recreational benefits to users of the Greenway System. Because the current use of the sprayfields for growing hay produces a negligible • annual rent of $4,000 and is expected to be a temporary condition, agriculture benefits have not been evaluated in this analysis. Table 4. eneffit/Cost Ratio Costs Construction costs (including contingency, S&A, and $337,000 E &D) Land Value (10,000 square feet x $1.28 /square foot) $13,000 Construction cost plus land cost $350,000 Annualized construction cost (50 years, 4.625 %) $27,000 Annual O &M $3,000 Average Annual Cost (rounded) $30,000 Average Annual Benefits (rounded) $50,000 Net Annual Benefits $20,000 Benefit Cost Ratio (BCR) 1 i. Benefit Checks: Benefit checks are summarized in Table 5. Table 5. Benefit Checks Benefit Check Check met? • 1. First costs do not exceed property value protected by Yes project Property Value: $2.5 million* 10 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS • YAK -1 -09 First costs: $337,000 2. Crop benefits per acre do not exceed 5% of land value Not applicable per acre ** 3. Crop benefits do not exceed net crop income ** Not applicable 4. Each property owner accounts for less than 25% of Not applicable to benefits public property * According to Sewage Treatment Plant engineers, the undepreciated replacement cost of the treatment lagoon is approximately $2.5 million. The opportunity cost of future use of the spray fields and the value of the Greenways path have not been included in this estimate. ** Current use of land for growing hay is temporary and therefore not evaluated. 13. Environmental a. General: The portion of the Yakima River comprising the project area includes a single channel, approximately 115 feet in width, bounded by a levee on the right bank. Mature, woody vegetation is along the left bank east of a point bar on the inside bend of the river. The landside of the levee is bordered by a number of mature trees, Russian Olive, at the downstream end of the project site. A field used periodically for alfalfa harvest is adjacent to the remaining portion of the landside of • the levee. The proposed project is adjacent to the river channel: The levee is approximately 5 feet high , the top width varies from 16 to 25 feet, with a 10 foot wide asphalt pedestrian /bicycle path on the crown. The riverward slope is armored and typically 2 feet horizontal to 1 foot vertical (2H:1 V) throughout the proposed project area. The Yakima River in the vicinity of the project area provides migratory, foraging, and rearing habitat for most of the fish species that utilize the river and upstream tributaries, as well as habitat for a diversity of other aquatic and terrestrial species. Salmonid species in the project vicinity include bull trout and steelhead. b. Endangered Species Act: The following species listed as endangered (E) or threatened (T) and their critical habitat (CH) are found in the project area: • Steelhead (T) (CH) ▪ Bull trout (T) (CH) Although the bald eagle was delisted on June 28, 2007, they continue to be protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. These Acts require some measures to continue to prevent bald eagle "take" resulting from human activities. Additional guidance regarding these requirements is available at the time of this writing from http: //www.fws.gov /midwest/eagle 11 • PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 Any potential effects of the proposed work on threatened or endangered species and designated critical habitat will be addressed in separate compliance documentation in accordance with Section 7 of the Endangered Species Act. It is anticipated that the impacts are not likely to adversely affect ESA - listed species, due to construction timing in the approved work window (July 1 and September 15) and environmental enhancement features. c. Environmental Considerations during Construction: - Water Quality: Repair construction work on the levee may cause short -term impacts to local water quality. Turbidity may be increased due to fill placement. Turbidity during project construction will be monitored; if state water quality standards for turbidity are exceeded, project work will be halted until the standards are met. Materials for construction will be obtained from an established rock quarry. No contaminants are known or suspected to be present in the construction materials. - Fish and Wildlife: When completed, this levee repair is not intended or expected to generate appreciable change in habitat conditions as compared with conditions pre - existing the flood event. Repair construction work may result in short-term impacts to fish and wildlife. If present, adult and juvenile salmonids may be temporarily displaced from the project area. Construction noise may temporarily disturb any wildlife in the project area. No long -term impacts to fish and wildlife are anticipated because of the construction will be conducted within the approved work window (July 1 to September 15). Any effects will be temporary and primarily occur during construction. • - Wetlands: The proposed project will not result in the loss of or impact to wetland and riparian areas. The repair construction work will extend beyond the footprint on the landward side of the existing levee. Construction access and staging area to project site will be the old spray field adjacent to the wastewater treatment plant. However, confirmation delineation may be necessary to confirm no potential wetland impacts will occur during the proposed levee rehabilitation. d. Cultural Resources: An archaeological survey of the proposed project area was conducted by Corps archaeologist on 21 October 2008. The levee and adjacent field were surveyed visually. Occasional exposures were afforded by rodent burrows and scarring by harvesting machinery, which combined with "kick- scraping" were adequate to reveal potential archaeological evidence of prehistoric or historic use of the area. • No evidence of historic or prehistoric archaeological properties was found in the APE 12 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 as a result of the archival and field investigations. Although it is possible that buried archaeological sites may be present, the lack of material in rodent burrows combined with the active nature of the Yakima River in the area suggests it is unlikely that archaeological sites are present; no Traditional Cultural Properties in the area are known (Wilson et al. 2005) *. Pending the results of consultation with the Confederated Tribes and Bands of the Yakama Nation Tribal Historic Preservation Officer, the finding of this investigation therefore is "no properties present" and "no historic properties affected ". To cover the remote chance of inadvertent discoveries, a set of clauses (Supplemental Construction Data) should be attached to all agreements, staff instructions and contracts for this work. e. Recreation: This section of levee is considered to be a formal recreational area. The Yakima Greenway Path, a pedestrian /bicycle paved trail, is located on top of the levee. The path will be re- aligned as part of the set back levee design. The path will be detoured during construction. Pedestrians' and cyclists' long term access will not be affected by the project. f. Cumulative Effects: This levee has been subject to previous levee rehab projects. The baseline condition of the Yakima River will not be altered due to the proposed action. All construction actions will occur during the approved work window, so no deleterious effects to fish species are anticipated. Wetlands are not known to be present within the proposed construction footprint and are not expected to be impacted, pending further survey. If they were present, impacts to or loss of wetlands adjacent to the project area could be considered a substantial and cumulative impact. g. Coordination: The proposed work will be formally coordinated throughout the planning, and construction phases with the following agencies: (1) U.S. Fish and Wildlife Service (2) NOAA Fisheries (3) Environmental Protection Agency (4) Washington Department of Fish and Wildlife (5) Washington Department of Ecology (6) Yakima Nation (7) State Historic Preservation Office Recommendations for the above listed agencies will be considered and implemented as appropriate. Any suggested revisions to the design as a result of agency review will require design, cost, and technical review prior to construction. Environmental effects of the proposed levee rehabilitation will be considered during the planning process in accordance with ER 200 -2 -2, Procedures for Implementing NEPA, paragraph 8, Emergency Actions. h. Further Compliance: An environmental assessment (EA) will be prepared to evaluate probable impacts of the project on the existing environment. Factors 13 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 addressed by the evaluation include public safety, water quality, wetlands, threatened and endangered species, noise, economics, fish, and wildlife. The EA will be coordinated with applicable Federal and State resource agencies. The NEPA process will be concluded as pursuant to requirements in ER 200 -2 -2. In addition, the requirements for compliance with the Endangered Species Act will be completed. The local sponsor will be required to obtain all applicable local and state permits. Pursuant to 33 U.S. Code section 1344(f)(1)(B), emergency reconstruction of recently damaged parts of levees does not require a Clean Water Act Section 404 evaluation, provided that the work is conducted for maintenance purposes. Analogizing to 33 Code of Federal Regulations section 323.4(a)(2), rehabilitation may not include any modification that changes the character, scope, or size of the original fill design. Concerning scope and size, the proposed repair would not require a Section 404(b)(1) evaluation as long as the footprint of the levee repair that falls within waters of the U.S. is no larger than the pre - damage footprint and wetlands are not impacted by the construction. This proposed project will involve construction inside the limits of the footprint of the pre - existing structure and will utilize substantially similar construction materials, with a riverward slope reduction from 2H:1V to 3H:1V. No wetlands-are located within the project area. Therefore, a 401 water quality certification is not required. i. Environmental Enhancement Features: Project construction will include environmental enhancement features to address impacts to ESA critical habitat. Willow stakes will be planted in a lift above OHW and constructed where hydraulically feasible as noted on the drawing. The willow planting will provide cover and detritral import to the aquatic environment. Setting the levee back would be beneficial to fisheries while reducing hydraulic pressures on the levee. To compensate for any design changes made during the Engineering and Design Phase, additional enhancement features may be required. *References: Wilson, M., D.V. Ellis, and J.M. Allen. 2005. Cultural Resource Survey for the Proposed Yakima Speedway Interceptor (Phase 1) Wastewater Treatment Plant, and Former Spray Field, Yakima, Washington. Report No. 1515. Archaeological Investigations Northwest, Inc. Portland, Oregon. 14. Interagency Levee Task Force HQUSACE has not directed activation of an Interagency Levee Task Force for the flood event . associated with the May 2008 flood event in Eastern Washington. However, informal coordination with FEMA is ongoing. 15. Project Management a. Funding Authority (1) Program and Appropriation: FCCE, 96x3125 (2) Project Funding Class: 320 (3) Project CWIS Number: 155466 14 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 b. Project Funds: Project Cost Estimate The cost estimate is presented by the details of each damage site first, followed by a project summary table that adds S &A, Contingency, and E &D. City of Yakima Sewage Treatment Plant Levee April 2009 TOTAL CONSTRUCTION COST Total Equipment Subtotal $ 90,000 Material Subtotal $ 183,300 Construction Subtotal $ 273,300 S &A (6 %) $ 16,400 Contingency (10 %) $ 27,300 Total Construction Cost $ 317,000 Total Engineering and Design (6 %) (Fed Cost) $ 20,000 Total Project Costs $ 337,000 Federal Project Cost (80% + Engineering and $ 274,000 Design) Non- Federal Sponsor Project Cost (20 %) $ 63,000 B/C Ratio 1.7 c.' Project Repair Schedule The Work Window (work allowed in the water) is 1 July — 15 September. Work performed outside this window will only consist of work that is not in the water. RESPONSIBLE PARTY MILESTONE TAILS MILESTONE DATE COE PIR Approval April 3, 2009 COE . E&D complete May 8, 2009 COE CA and LER Cert Documents to Public Sponsor; and Designs for Review NLT April 3, 2009 City of Yakima Sign CA by the Public Sponsor April 28, 2009 COE Draft Environmental Assessment May 18, 2009 City of Yakima Public Sponsor certifies lands May 5, 2009 City of Yakima Public Sponsor provides cash contribution July 29, 2009 COE RE Division Certifies Lands Available June 5, 2009 COE FONSI /Final EA June 18, 2009 COE Solicit contractors July 22, 2009 COE Initiate (rental equipment) construction August 1, 2009 COE Complete Construction September 30, 2009 d. Project Authentication: • Prepared by: Amanda Ogden, (206) 764 -3514 15 PROJECT INFORMATION REPORT • REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 Emergency Management approval by: Paul Komoroske, (206) 764 -3406 e. Technical Points of Contact: Emergency Management: Doug Weber, (206) 764- 3406 Project Management: Amanda Ogden, (206) 764 -3514 Economics: Douglas Symes, (206) 764 -3647 Environmental: Hannah Hadley, (206) 764 -6950 Cultural Resources: Lawr Salo, (206) 764 -3630 Engineering and Design: Cathie Desjardin, (206) 764 -3542 Program Management: Doug Weber, (206) 764 -3406 Real Estate: Leibnitz Watts, (206) 764 -3197 Hydraulics and Hydrology: Travis Ball, (206) 764 -3277 • 16 • PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 • Appendix Project Sponsor's request for Rehabilitation Assistance. APPENDIX E: REHABILITATION REQUEST FORM U.S. Army C7, of Engineers„ /// District Date of 5 /Cq� Request: n992 S�tv� °- �f�l��v"�i�tia t�1 1� / e _ e AT! N: Emergency Management Bi"anch Street Address City, State ZIP +4 Dear Sir: The purpose of this letter is tia request Rehabilitation Assistance from the Corps of Engineers under Public Law 84 -99 for the repair of the Cefy v imz sre levee (or other �,t a of flood control project) that was damaged by (flood)( igh waters) during _l ,rr,z_ry — dlirth20( ' The project is Active in the Rehabilitation and Inspection Program, and was last inspected by the Corps of Engineers on (p /O/4 > . The location of the levee and a brief description of the damage are as follows: fr,kMa Project Identification Number 5 / �e e_ River or Stream • Bank (circle): Left.11 Both ' ' � Description of Damage A --;.r a e•N - cp .. / - / i r , t+—;!/ Gi/ .. A (r - 144./2. /e• 2-r /,.s 2 7 s/e/?`e b,dJ n4 r/idcie ^ • _ City 7 County )47Z State /,5 /2 /Oen Section 20 Township 13 / Range j 9 Public Sponsor Point of Contact: Name m AX [., /A/0,54/ Address 2.2-21) F.57`14n /a City. S4ivir � State Telephone (W65O9)2Y9 — (8 /q 4HJ & -e19) p - ey,9 2 • Ce /./ if this project is eligible for PL 84 -99 Rehabilitation Assistance, 1 further request that the Corps of Engineers take all necessary steps to accomplish the appropriate repairs. It is agreed that the required items of local cooperation will be provided should the levee be eligible for Rehabilitation Assistance under PL 84-99 and the repair work is accomplished by the Corps of Engineers. I hereby certify that the right -of -way which is required for any authorized repair work is presently available, and this letter constitutes permission for the Government and its agents to enter and use said right -of -way in undertaking authorized repair work. Sincerely, 7, , (: ;l / /7-s1 a Gt/zeJTi 17 1 • ,, . Appendix B: Project location and design data, maps, and related informati , } ,v a cnt 1, w. a j , ' a .- �€ • t ▪ t J { + � e l r t fi r, �,: 5 a a .} � �� j ' Q ▪ (� F •w ' } au f g y � Blrc� ' Ailitil' , � t 17. s \ ' -._.,' _,' .,.., 2 , " -- '‘ ,, , ° Pm ' ' - 1.: v 401 . ` .4 NIA- tot "r 11 ,, - - to '', i illft ,,,,.... • -. � 'A •} •� _ .' � f _. Via• -,i _ +1 17, o r t .:4 1 t p+ - dw„2,,, p„)1„„trin...44,.:„...am , .. - , _ „ „ , .. y4 ,*# ar ' ■ , 14' ., '''''._'. *- 410, 114 . , ( , 0 * J - ' r :4' • 7I i �. ppp i €s - _ i -{ ' E} ; A re St ; + ; I 11 { r s . • 4 **4444-41... w AF� a t $0, III 18 Yakima Sewage Water Treatment Plant Rehabilitation Lair., - ,,, � II' 4_ 6v 1 r 1 M I 9 k S O -;: g z _ � "rof Z P i y °, T r K ,4� —1 co II ` _ ti 1 n `" ' " �" �".� i '� a � " Pr b I � �i ,T ryeny i 1"''' @r a � t . °�° ° � .. i ^ O ` R d` Y 4 ti � d " � ° � .Y -.�+d'7 Iw O Z 4� t if t.'''' i WF ` ^E i f w! Z M 1...o r e. 4 Y w Yp� �y� ,7 . y ; fi . ° '- ° o M '� _® r- 7 , ...4„,1A,_,' ,., � 41 ' , p o u r -.', - ` ai I l ,1('ti T. i i: _ ° °' II X ¢ , Y yy. R ,' ; +k4 p°gva:, . ,. 9 B 1 4 a W ■ • 0 Ill 1 1 0 0 0 — , I I I' ....c I , 1 si s 1 CITY OF YAKIMA 1 , US Army Corps SEWAGE TREATMENT of Engineers PLANT LEVEE ti ft li it ..i Seattle District CITY OF YAKIMA WASHINGTON E L '' 1 ''' tr. " q' 1' ■ • • ! t T A ...._.,-------- . , rt IN r 'I ::At _..1• 1 1 I 1 : - Ilia ; ij ir •:, 0 "LB _ \ ' 0 DRAWING INDEX -4- SHEET PLATE NO. NO. -- ____—__.— • TITLE v v a_ 0-101 1 ; TITLE. LOCATION. -.1 Iv) VICINITY MAPS AND INDEX 14 (AX , A 2 C-101 !PLAN V I E W LEVEE SETBACK 1 A. . 3 C-102 SECTION VIEWS bq LaJ 11 A 4i10. 1 4 C-103 1SECTION VIEWS LOCATION N MAP 5 C —104 : SECTION VIEWS 1 5 - • FY 09 G-101 PLAN NORTH :.,..I ■ .1 . rp , ..ir Et11.7stkEs r.. 'Warr, al rriu . t _L__ i I I A Rtlx.C.str,O, rrttrUCt Srlar t.C7.041.10.C.1, i 0 1 • • fra NOTES: 1. THE UPSTREAM LEVEE TRANSITION ZONE IS APPROXIMATELY 100 FT I IN LENGTH AND WILL ACHEIVE FULL LEVEE SETBACK (20 FEET/. THE • „;; DOWNSTREAM LEVEE TRANSITION WILL BE LONGER THAN THE DAMAGED LENGTH. 2. LEVEE BACKSLOPE DAMAGE WILLBE REPARED DURING LEVEE SETBACK. j 70 P 3. ORIGINAL 5' x 15' TDE WILL BE REPLACED IN SETBACK T 4. REPLACE 10' ASPHALT PATH. :.1 D 5. ACCESS TO LEVEE WILL BE THROUGH SEWAGE TREATMENT PLANT W 6. PROPOSED STAGING AREA IS NOTED ON DRAWING +''• 7. PEDESTRIAN /BICYCLE ACCESS SHALL BE PROHIBITED DURING I —1 `' CONSTRUCTION k. ` -I O M MATERIAL GRADATION Q J F” v (; 1 I - Z —1 Y u i I " .,.::; ly � QUARRY SPALLs � 2" X 4" Q Z "r D O t r re •. "t ^ ' ∎ t) RIPRAP GRADATION 7 . '� " n y CLASS IV V m O K yT RIP RAP THICKNESS 36" 48" a ' ) Q O > r 1 ?. '� .� T00% 5MAl.1CR THAN 1000 I. HS. ( ? ? ") 1800 LBS. (27") - —I 503 SIZE 400 LBS. (16") 750 LBS. (20'9 F• - a) W F • •` } 903. LARGER THAN 200 LBS (13') 350 LBS. (16") ; n t ^ Q P. "+ �, '� r , N I II'. 103 25-700 LBS. (6" TO 13 ") 25-3S0 LBS. (6" TO 13 ") r Z T. « V d " t Y TOLERANCE. •12" •16" 5„ 0 t i' +F, VELOCITY FPS 17 18 5h v Z�7 ' ,A„ � ## ' i H m : .,- • GRANULAR FILL ! l r N Percentage by Weight Passing Square -Mesh Sieve , r Q Q a77� f? Sieve j fi j r /� x •;'; Designation Percent Passing ¢ U # E; a+ 1 0 3 inch 100 k w m .�.. 2-1/2 inch 90.100 2 g >W 7) +A"kf 1 -1/2 Inch 25-60 to j (/2 ncn 40-70 c Z A x r} 'v4 No. 0 540 N :r -U - i Cr) " No.40 5-25 e CL> (1=) No. 200 0-8 u W 3 Particles having diameters less than 0.0008 inch shall not be in excess =I+ of 3 percent by weight of the total Sample tested. PLAN NORTH C -101 2 o s . _ I , t-.- . __ _._ I 1 t, I r,. ,,.,,, , I 1 N I— • III • 411 0 . . ID . • • . . • .. ______ , .._...„ , 1 , --- • COMPACTED EXISTING CONDITION CRANUAR 25 ORIGINAL LEVEE - f ' i [1 r 1 AS FILL 1 PLACE 10' j - 1 ASPHALT h s 25' �ATR ' j i I 1 i I 1 i 7 ,r 3 ' BLANKET _ I i • 1. , 4.11 CLASS IV RIPRAP iIi �1 � 1 � _ m 'oyw_,r- CLASS V R OOO 1R' X5 L . f/ I � 11 z ORIGINA CLASS RIP RAP TOE � � BACKSLOPE I !' C 4 !I i ,1 TANET L. .::........... 1 i Fri- 1 9 W • • OUARRY SPACES I If 4 t SETBACK BEGIN TOE ,I 1 1 it p r x SET •BACK NOTES: ..� Q EXISTING LEVEE- � I� �l i 3� (WITHIN TRANSITION SETBACK SECTIONS 1. TIE !N NEW TOE TO EXISTING AT UPSTREAM I iHI 3I m J:Thlii] 3 I4 ENO AND BEGIN SETBACK MOVING DOWNSTREAM. 2. TIE I N UPSTREAM SLOPE TO EXISTING i � Q SECTION A _ SLOP BEGIN TRANSITION T 0 3H:SV SLOPE g; a; MOVING DOWNSTREAM - r+ =' I Q Z PRE FLOOD. DAMAGED AND REPAIRED STATE 1 NOT TO SCALE ;Ais -� Q 1 44 25' - :, 25' 1 1 ,-- EXISTING CONDITION YI co v EXISTING 10' ASPHALT ORIGINAL LEVEE of n Q i; /1 Q 0 LEVEE PATH • / / ''' HAD 3' BLANKET ' '• BACKSLOPE ! / CLASS !V RIPRAP FLOOD 15' % 5' J� PR z l° f ! '41, r IS' // CLAS V RIPRAP TOE S : I / ,- [ OHw - - p T f T.. N r ; Q 1. Q r pj POST Flom s ! $ SLOPE } — ' A 3 ! a1 rW 0 > 1 EXISTING LEVEE p a XI z n4 U 1 Cn ath SECTION A PRE FLOOD AND DAMAGED STATE NOT TO SCALE _ C_ _ f - ' Zrirt I SS Ow:;r €.;;14 5.,.1 s m s N 1 1 _ ._ � _ ! +:r.,w.xc..;4 .0 sc eu.,e!c ,{10,4�v , N • • ---- —1— _ _ _ _ • 2S• I I I ' COMPACTED FULL LEVEE . I l'� i i GRANULAR SETBACK 20' i !k FILL 16' ORIGINAL LEVEE il • '. . r EXISTING CONDITION „,, ' I i Xi S. '-'-'-'-----"="--...---''' ` / 3' BLANKET PRE -FLOOD TOE I I I i I ' 1 III -- _ ,I { CLASS IV RIPRAP • CLASS V RIPRAP s 1'1 - h—'1 1 , _> REPLACE 10' EXISTING �� It ASPHALT PATH- , : BACKSLOPE 1' BLANKET -' `��,. � '• .L,_ 5- _.......- ........ I QUARRY SPALLS jI ii; ! I— X • SETBACK SET BACK TOE I!. 1 EXISTING LEVEE ,. � ( (TRANSITION SETBACK LEVEE) 1 ' -�. - ! - m • . j l : � I Z - I • SECTION B _''' = pz 2i i • PRE FLOOD. DAMAGED AND REPAIRED STATE �i D T • O NOT TO SCALE T di T ,- }`! ° p D co ii p -1 • REPLACE 10' 25' Ki p - Z ASPHALT PATH 17' i i Z ~ 7—PRE-FLOOD SLOPE d a, , m CLASS IV RIPRAP - . i } ° p p 5 1 g -v 1 I 73 �- 15 PRE -FLOOD TOE cLAss \ �_ � i II IPRAP II g al O "I IA PLOT FL000 �� 5° - -... _ w b SLOPE ._. . +_..- ---_..__ $y > EXISTING LEVEE = Z nT SECTION B .G� k PRE FLOOD AND DAMAGED STATE L___________ , NOT t0 SCALE C - 103 N . Co.) . • il , • 0 . _ _ W . _ _ � _.... _ _ _ _._ i _. NOTES: ,, ,ri 25' 3' BLANKET 1. PLACE LIFT OF WILLOW'S AT - DOWNSTREAM END OF PROJECT CLASS IV RIPRAP - I ��I;I 77' / � WHERE HYDRAULICALLY FEASIBLE � { i It# - ORIGINAL LEVEE I ; i'# REPLACE 10' �� 1 '�' ■ � ASPHALT PATH SET LEVEE , j BACK 20' --EXISTING COh01TION ' m 7 ' f ^; I / -- PRE -FLO00 TOE I " P I 15' / CLASS V RIPRAP I(�;1 si LEVEE 'iI a l CO BACKSLOPE 1 BLANKET -•--, _. , �� C' !Will n QUARRY SPACES ''..`- 5 I E ' SETBACK \- -_. SET BACK TOE 11 , , T, � EXISTING LEVEE TRANSITION SETBACK LEVEE) ICI I(I1 j --! m j On SECTION C Z PRE FL000. DAMAGED AND REPAIRED STATE !...I! it i .i T O NOT TO SCALE . al .„1", m 41EL m T o REPLACE 10' 8 g 1 5i O Z 0 ASPHALT PATH b 7{ O T 17' r - -- PRE-FLOOD -- PRE - FLOOD SLOPE • 4 ,,+ . Z N CLASS IV RIPRAP 1, aI —1 m 5 - "Q":'.1. 15 PRE -FLOOD TOE g -FI r CLASS V 4 el _�- RIPRAP $ to `g al C —I POST FL000 - -- 5 - _..._.v -_ c w , � 7 SLOPE L� O • EXISTING LEVEE z O . F- W r. SECTION C ' t � . 4 PRE FL00D AND DAMAGED STATE • AO TO SCALE .,',a . C -1041 . N . Appendix D: Photos of damaged area October 2008, over steepend levee 0 and toe scour. vi. M :.s I . tea''" 'j } ; III / Photo 1: Oversteepened slope and toe scour looking upstream. s *, • a: • 1 • i/ . a ` M f Photo 2: Levee repair area of proposed alignment looking southeast. 1111 25 N (1) Ct , r , , 1 — I., , i1rA 0 ' 'i ,. ' ., ,;1;i.4,■:: , , ',. , CL IX a y t O W Z * ��4_ �}p�.� r . � .1,4 4 ir,,,,,.1,... _..„..;..,....i.„0.„,-...,„.. ., 1. ' ,. / � t 0 I Unlrhth Iu L lu nnhh 1 r tl r !Drr � " Ij rrN r � rl r � m, m ,�J � r�r��pnilnulr °b- G 0 1 * " . ,Y', 6nr '3�, :: F '�, . d' . 3C • x 3 W M f k' f 0 � e r r r " 0 i— a ( r - 2 W It • I 0 • • • PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 Appendix Z: RR Review Checklist EP 500 -1 -1 / t LA 30 Sep 01 WC; I�N;� / M�- PIR Review Checklist for FCW Rehabilitation Projects YES NO NIA 1, `< The project is active in the RIP. [ER, 5 -2.a.] • 2. X The project was damaged by flood(s) or coastal storm(s). (ER, 5 -2.) • 3 The Public Sponsor has requested Rehabilitation Assistance in writing. [EP, 5- 10.b.) q 7< The Public Sponsor has agreed to sign the Cooperation Agreement, which will occur before USACE begins rehabilitation work. [ER, 5-10.) 5 X The estimated construction cost of the rehabilitation is greater than • $15,000, and is not considered sponsor maintenance. [ER, 5 -24] 6 The repair option selected is the option that is the least cost to the Federal government, or, the sponsor's preferred alternative is selected with all increases in cost paid by the public sponsor. PIR includes justification for non - select of the least cost alternative. • [ER, 5-2.h. and 5- 11.e.(3)] 7 The public sponsor is aware of the opportunity to seek a nonstructural alternative project, and has decided to proceed with a structural rehabilitation. [ER, 5 -16] 8_ / The cost estimate in the PIR itemized the work to identify the Public Sponsor's cost share. (ER, 5-11)- 9. The rehabilitation project has a favorable benefit cost ratio of greater than 1.0:1. (ER, 5-2.r.) 10 X The proposed work will not modify the FCW to increase the degree of protection or capacity, or to provide protection to a larger area. [ER, 5 -2.n] 11. N /fl Betterments are paid 100 percent by the Public Sponsor. (5 -2.o.] 12. X _ _ The CA contains a provision for 80% Federal and 20% local cost share for non - Federal projects. [ER, 5- 11.a.] 13. )4/4. Cost for any betterments are identified separately in the cost estimate. [ER, 5 -2.o.) Page Z -1 FIGURE 5-4. PIR Review Checklist (Appendix Z) for FCW Rehabilitation Projects 5 -22 27 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS YAK -1 -09 • r EP 500 -1 -1 7TZ�TtA4 30 Sep 01 PIR Review Checklist for FCW Rehabilitation Projects (Continued) YES NO N/A � 14. �/ tt Repair of deliberate levee cuts is the responsibility of the public sponsor, except as provided for in ER 500 -1 -1, paragraphs 5 -2.j. and 4 -3.h. [ER, 5 -2.j. and 4 -3.h.] 15. X All deficient and deferred maintenance will be paid for or. accomplished by the Public Sponsor, without receiving credit toward any sponsor's cost share. [ER, 5 -2.g.] . 16. X Any relocation of levees is adequately justified. [ER, 5 -2.h.] 17. USACE assistance does not correct design or construction • deficiencies. [ER, 5- 12.a.] 18. An assessment of environmental requirements was completed. . • - [ER, 5 -13., and EP, Figure 5 -3, paragraph 12.] • 19. X The project complies with NEPA, and required documentation was • completed and placed in Appendix G of the PIR. [ER, 2 -3.k.; • ER, 5 -13.; and EP, Figure 5 -3, paragraph 12.] 20. X• The Endangered Species Act was appropriately considered. [ER, 5- 13.g., and EP; Figure 5 -3., paragraph 12.] . 21. X EO 11988 requirements were considered in the process of evaluating the proposed project for rehabilitation. (ER, 5- 13.f., and • EP, Figure 5 -3, paragraph 12.1 22. - The completed PIR has been reviewed and the PIR Checklist has been reviewed and signed by the Emergency Management Office: [EP, 5- 11.a.(3)(a)] 23. A The completed PIR meets all policy, procedural, content, and formatting requirements of ER 500 -1 -1 and EP 500 -1 -1. [ER, 2 -3.b.] EM \E,WG I OFFICIAL'S .SIGNATURE i t \ f NANIt � / TITLE ( ` �j 7/ TELEPHONE NUMBER Page Z -2 • FIGURE 5 -4. PIR Review Checklist (Appendix Z) for FCW Rehabilitation Projects (Continued) • 5 -23 • • • 28