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Home My WebLink About10/07/2008 10 Naches River Water Plant; Reach Demonstration Project; Yakima Countywide Flood Control Zone District BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. !O For Meeting of October 7. 2008 ITEM TITLE: Interlocal Agreement with Yakima Countywide Flood Control Zone District to implement the Naches River Water Treatment Plant Reach Demonstration Project SUBMITTED BY: Dave Zabell, Assistant City Manager Dave Brown, Water /Irrigation Manager CONTACT PERSON/TELEPHONE: Dave Brown / 575 -6204 SUMMARY EXPLANATION: The floodplain of the Naches River, from approximately Allan Road to Kershaw Road, contains significant public infrastructure e.g., state highway, local roadways, irrigation systems, water treatment facility and intake, and flood levees and flood control structures. The proposed Interlocal Agreement establishes a coordinated effort between the City and the Yakima Countywide Flood Control Zone District for implementation of the Naches River Water Treatment Plant Reach Demonstration Project. The scope of the project is to improve an existing riprap levee located on the Naches River opposite the City's Water Treatment Plant Diversion. In its current configuration, the levee relative to the Naches River poses the threat of allowing a rapid channel change at this location which would reduce or 0 eliminate the City's ability to divert water the Naches River into the Water Treatment Plant intake. Should this occur, downstream public and private infrastructure including the Gleed Ditch Irrigation Diversion, adjacent private properties, the Yakima Valley Canal Diversion, and Eschbach Park could also be destroyed or severely damaged. Both parties to this agreement find that modification of the levee is in the interest of public health and safety and is consistent with their respective statutory purposes. (Continued) Financial support for this project will be from appropriations in the 477 Water Improvement Fund. Not to Exceed Cost $10,000 Resolution X Ordinance Other (Specify) Interlocal Agreement Contract Mail to (name and address): Joel Freudenthal. Yakima County Flood Control District. 128 N. 2 S.. Yakima. WA 98901 Funding Source 477 Waterr Fund APPROVED FOR SUBMITTAL: ' �� •- • -: - - 1 City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying Interlocal Agreement for the implementation of the Naches River Water Treatment Plant Reach Demonstration Project with the Yakima Countywide Flood Control Zone District 40 BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: (Continued) Yakima Countywide Flood Control Zone District will, at their expense, obtain all permits for the Naches River Water Treatment Plant Reach Demonstration Project and be responsible for the full cost of a river reach study for this area, estimated to cost $22,000. The levee at the Water Treatment Plant is approximately one (1) foot below the Corps of Engineers recommended 100 year flood height. The Naches River Water Treatment Plant Reach Demonstration Project will reduce the need to raise this levee. Completion of the project will result in a reassessment of the Water Treatment Plant levee height by the Army Corps of Engineers. It is anticipated the current levee height will then exceed the 100 year flood height requirement. RESOLUTION NO. R -2008- ® A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Agreement with the Yakima Countywide Flood Control Zone District to cooperate in the implementation of the Flood Control Improvement know as the Naches River Water Treatment Plant Reach Demonstration Project. WHEREAS, the floodplain of the Naches River, from approximately Allan Road to Kershaw Road, contains significant public infrastructure (i.e., state highway, local roadways, irrigation systems, water treatment facility and intake, and flood levees and flood control structures) necessary for the operations of WSDOT, the County and the City as well as other local govemments, private parties and citizens, and WHEREAS, the Yakima Countywide Flood Control Zone District and the City recognize that said infrastructure is or may be within sensitive natural systems including the Naches River and floodplain, riparian areas, fish habitat, wetlands and watersheds and that these systems are valuable public resources that may need protection and preservation, and WHEREAS, the Yakima Countywide Flood Control Zone District and the City recognize that a cooperative effort is the most effective and efficient way to protect and preserve sensitive natural systems and address the long -term planning, design, maintenance, and operation of said infrastructure, and III WHEREAS, the Yakima Countywide Flood Control Zone District and the City desire to utilize existing multiple water resource planning efforts in the Yakima Basin to help address public 9 P infrastructure needs in the area through a coordinated implementation of a Flood Control Improvement, as defined in RCW 86.15, know as the Naches River Water Treatment Plant Reach Demonstration Project, and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of the attached Interlocal Agreement for the implementation of the Naches River Water Treatment Plant Reach Demonstration Project, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Interlocal Agreement for the implementation of the Naches River Water Treatment Plant Reach Demonstration Project' with the Yakima Countywide Flood Control Zone District. ADOPTED BY THE CITY COUNCIL this 7th day of October, 2008. ill ATTEST: David Edler, Mayor City Clerk INTERLOCAL AGREEMENT FOR THE IMPLEMENTATION OF THE NACHES RIVER WATER TREATMENT PLANT REACH DEMONSTRATION PROJECT THIS INTERLOCAL AGREEMENT is entered into between the City of Yakima, Washington • (hereinafter "City "), whose address is 129 N. Second St, Yakima, Washington 98901 and the Yakima Countywide Flood Control Zone District (hereinafter "Agency ") whose address is 128 N. Second St., Yakima, Washington 98901 pursuant to chapter 39.34 RCW. The City and Agency find that it is in their mutual interest to cooperate in the implementation of a Flood Control Improvement as defined in RCW 86.15, herein established as FC 3312, the Naches River Water Treatment Plant Reach Demonstration Project. The Improvement will consist of the modification of an existing riprap levee located on the Naches River opposite the City's Water Treatment Plant Diversion. The existing configuration of the levee relative to the Naches River poses a threat of rapid channel change at this location, which would reduce or eliminate the City's ability to divert water from the Naches River, the major source of the City's municipal water supply. Should avulsion occur, downstream public and private infrastructure including the Naches Union / Gleed Ditch irrigation , diversion, adjacent private properties, the Yakima Valley Canal Diversion, and Eschbach Park could also be destroyed or severely damaged. Both parties to this agreement find that modification of the levee is in the interest of public health and safety and is consistent with their respective statutory purposes. WITNESSETH: In consideration of the terms and conditions contained herein, the parties hereto agree as follows: 1. Agency agrees to do all work, secure permits and permissions and furnish all equipment and personnel necessary for performing the above named Flood Control Improvement. x 2. City agrees to reimburse Agency for all reasonable documented expenses incurred in the III performance of the Flood Control Improvement, in an amount not to exceed Ten Thousand Dollars ($10,000.00). 3. This agreement contains all terms and conditions agreed upon by the parties. No change or addition to this Agreement shall be valid or binding upon either party unless such change or addition is in writing and executed by both parties. All terms of the attached bid documents are incorporated herein by this reference. 4. The parties agree that the Agency is an independent contractor in the performance of the services identified in this agreement. Neither the Agency nor any employee of the Agency is an employee of the City. Neither the Agency nor any employee of the Agency is entitled to any benefits the City provides its employees. 5. The Agency agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) or any other applicable state, federal or local law, rule or regulation. 6. The Agency shall not assign or subcontract any portion of the contracted activities without obtaining the prior written approval from the City. 7. Either party may terminate this contract upon sixty (60) days written notice sent by certified mail 4110 to the addresses listed above. Interlocal Agreement — Page 1 8. Each party shall indemnify and hold harmless the other party, its elected officials, officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions, damages, costs or judgments which result from the actions performed by the indemnifying party, its agents, employees, or subcontractors pursuant to this Agreement. 9. The Agency certifies that it has commercial liability insurance with coverage in the sum of at least One Million Dollars ($1,000,000.00) per occurrence and shall provide proof of insurance to the City if requested. 10. This Agreement shall be governed by the laws of the State of Washington. Any action, suit, or judicial proceeding for the enforcement of this Agreement shall be brought in the Superior Court for the State of Washington in Yakima County, Washington. 11. The term of this agreement shall begin on the date of final execution and shall continue until midnight, Dec. 31, 2008, and may be extended from year to year, not to exceed five years in total, by mutual written consent of the parties. 12. This Interlocal Agreement does not create any separate legal or administrative entity. CITY OF YAKIMA BOARD OF COUNTY COMMISSIONERS III R. A. Zais, Jr., City Manager Ronald F. Gamache, Chairman Date J. Rand Elliott, Commissioner ATTEST: Michael D. Leita, Commissioner City Clerk Constituting the Board of County Commissioners For Yakima County, Washington A'1"1'EST: Christina Steiner Approved As To Form: Clerk of the Board Deputy Prosecuting Attorney Date: Interlocal Agreement — Page 2