HomeMy WebLinkAboutContractri
i; CAG -98 -064
MODEL PROJECT COOPERATION AGREEMENT
FOR
SECTION 205
STRUCTURAL FLOOD CONTROL PROJECTS
PROJECT COOPERATION AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
THE CITY OF RENTON, WASHINGTON
FOR CONSTRUCTION OF THE
CEDAR RIVER FLOOD DAMAGE REDUCTION PROJECT
r
THIS AGREEMENT is entered into this 9 'y day of a % ,
1998, by and between the DEPARTMENT OF THE ARMY (hereinafter the
"Government "), represented by the U.S. Army Engineer for the Seattle District
(hereinafter the "District Engineer ") and the City of Renton, Washington, (hereinafter
the "Non - Federal Sponsor) represented by the Mayor.
WITNESSETH, THAT:
WHEREAS, the Cedar River Flood Damage Reduction Project at Renton,
Washington, (hereinafter the "Project ") was approved for construction by CENWD -ET-
P approval of 3/T A 4 pursuant to the authority contained in Section 205 of the
Flood Control Act of 1948, as amended, 33 U.S.C. 701s;
WHEREAS, the Government and the Non - Federal Sponsor desire to enter into a
Project Cooperation Agreement for construction of the Project, as defined in Article
I.A. of this Agreement;
WHEREAS, Section 103 (a) of the Water Resources Development Act of 1986,
Public Law 99 -662, as amended, specifies the cost - sharing requirements applicable to
the Project;
WHEREAS, under Section 205 of the Flood Control Act of 1948, as amended,
the Government may expend up to $5,000,000 on a single flood control project;
0 •
WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91 -611, as
amended, and Section 103 of the Water Resources Development Act of 1986, Public
Law 99 -662, as amended, provide that the Secretary of the Army shall not commence
construction of any water resources project, or separable element thereof, until each
non - Federal sponsor has entered into a written agreement to furnish its required
cooperation for the project or separable element;
WHEREAS, the Non - Federal Sponsor does not qualify for a reduction of the
maximum Non - Federal cost share pursuant to the guidelines that implement Section
103(m) of the Water Resources Development Act of 1986, Public Law 99 -662, as
amended;
WHEREAS, the Government and Non - Federal Sponsor have the full authority
and capability to perform as hereinafter set forth and intend to cooperate in cost -
sharing and financing of the construction of the Project in accordance with the terms
of this Agreement.
NOW, THEREFORE, the Government and the Non - Federal Sponsor agree as
follows:
ARTICLE I -- DEFINITIONS AND GENERAL PROVISIONS
For purposes of this Agreement:
A. The term "Project" shall mean construction of one and one - quarter miles of
levees and floodwalls along each bank of the Cedar River, Federal dredging of one and
one - quarter miles off the river during initial construction to a depth of approximately
four (4) feet, and construction of a spawing channel as generally described in the
Cedar River, Renton, Washington, Flood Damage Reduction Study Detailed Project
Report of January 14, 1998, approved by the Assistant Secretary of the Army (Civil
Works) / Chief of Engineers on February 5, 1998.
B. The term "total project costs" shall mean all costs incurred by the Non -
Federal Sponsor and the Government in accordance with the terms of this Agreement
directly related to construction of the Project. Subject to the provisions of this
Agreement, the term shall include, but is not necessarily limited to: engineering and
design costs during the preparation of contract plans and specifications; engineering
and design costs during construction;'the costs of investigations to identify the
existence and extent of hazardous substances in accordance with Article XV.A. of this
Agreement; costs of historic preservation activities in accordance with Article XVIII.A.
of this Agreement; actual construction costs, including the costs of alteration,
lowering, raising, or replacement and attendant removal of existing railroad bridges
and approaches thereto; supervision and administration costs; costs of participation
in the Project Coordination Team in accordance with Article V of this Agreement; costs
of contract dispute settlements or awards; the value of lands, easements, rights -of-
way, relocations, and suitable borrow and dredged or excavated material disposal
areas for which the Government affords credit in accordance with Article IV of this
Agreement; and costs of audit in accordance with Article X of this Agreement. The
term does not include any costs for operation, maintenance, repair, replacement, or
2
CED205TCA
3/12/98
7:34 AM
0 •
rehabilitation; any costs due to betterments; or any costs of dispute resolution under
Article VII of this Agreement.
C. The term "financial obligation for construction" shall mean a financial
obligation of the Government, other than an obligation pertaining to the provision of
lands, easements, rights -of -way, relocations, and borrow and dredged or excavated
material disposal areas, that results or would result in a cost that is or would be
included in total project costs.
D. The term "Non - Federal proportionate share" shall mean the ratio of the Non -
Federal Sponsor's total cash contribution required in accordance with Articles II.D.1.
and II.D.3. of this Agreement to total financial obligations for construction, as
projected by the Government.
E. The term "period of construction" shall mean the time from the date the
Government first notifies the Non - Federal Sponsor in writing, in accordance with
Article VI.B. of this Agreement, of the scheduled date for issuance of the solicitation
for the first construction contract to the date that the District Engineer notifies the
Non - Federal Sponsor in writing of the Government's determination that construction
of the Project is complete.
F. The term "highway" shall mean any public highway, roadway, street, or way,
including any bridge thereof.
G. The term "relocation" shall mean providing a functionally equivalent facility
to the owner of an existing utility, cemetery, highway or other public facility, or
railroad (excluding existing railroad bridges and approaches thereto) when such
action is authorized as between the Non - Federal Sponsor and the Facility owner in
accordance with applicable legal principles of just compensation. Providing a
functionally equivalent facility may take the form of alteration, lowering, raising, or
replacement and attendant removal of the affected facility or part thereof.
H. The term "fiscal year" shall mean one fiscal year of the Government. The
Government fiscal year begins on October 1 and ends on September 30.
I. The term "functional portion of the Project" shall mean a portion of the
Project that is suitable for tender to the Non - Federal Sponsor to operate and maintain
in advance of completion of the entire Project. For a portion of the Project to be
suitable for tender, the District Engineer must notify the Non - Federal Sponsor in
writing of the Government's determination that the portion of the Project is complete
and can function independently and for a useful purpose, although the balance of the
Project is not complete.
J. The term "betterment" shall mean a change in the design and construction of
an element of the Project resulting from the application of standards that the
Government determines exceed those that the Government would otherwise apply for
accomplishing the design and construction of that element.
3
CED205TCA
3/12/98
7:34 AM
ARTICLE II -- OBLIGATIONS OF THE GOVERNMENT AND
THE NON - FEDERAL SPONSOR
A. The Government, subject to the availability of funds and using those funds
and funds provided by the Non - Federal Sponsor, shall expeditiously construct the
Project (including alteration, lowering, raising, or replacement and attendant removal
of existing railroad bridges and approaches thereto), applying those procedures
usually applied to Federal projects, pursuant to Federal laws, regulations, and
policies.
1. The Government shall afford the Non - Federal Sponsor the opportunity to
review and comment on the solicitations for all contracts, including relevant plans
and specifications, prior to the Government's issuance of such solicitations. The
Government shall not issue the solicitation for the first construction contract until the
Non - Federal Sponsor has confirmed in writing its willingness to proceed with the
Project. To the extent possible, the Government shall afford the Non - Federal Sponsor
the opportunity to review and comment on all contract. modifications, including
change orders, prior to the issuance to the contractor of a Notice to Proceed. In any
instance where providing the Non - Federal Sponsor with notification of a contract
modification or change order is not possible prior to issuance of the Notice to Proceed,
the Government shall provide such notification in writing at the earliest date possible.
To the extent possible, the Government also shall afford the Non - Federal Sponsor the
opportunity to review and comment on all contract claims prior to resolution thereof.
The Government shall consider in good faith the comments of the Non - Federal
Sponsor, but the contents of solicitations, award of contracts, execution of contract
modifications, issuance of change orders, resolution of contract claims, and
performance of all work on the Project (whether the work is performed under contract
or by Government personnel), shall be exclusively within the control of the
Government.
2. Throughout the period of construction, the District Engineer shall
furnish the Non - Federal Sponsor with a copy of the Government's Written Notice of
Acceptance of Completed Work for each contract for the Project.
B.. The Non - Federal Sponsor may request the Government to accomplish
betterments. Such requests shall be in writing and shall describe the betterments
requested to be accomplished. If the Government in its sole discretion elects to
accomplish the requested betterments or any portion thereof, it shall so notify the
Non - Federal Sponsor in a writing that sets forth any applicable terms and conditions,
which must be consistent with this Agreement. In the event of conflict between such
a writing and this Agreement, this Agreement shall control. The Non - Federal Sponsor
shall be solely responsible for all costs due to the requested betterments and shall pay
all such costs in accordance with Article VI.C. of this Agreement.
C. When the District Engineer determines that the entire Project is complete or
that a portion of the Project has become a functional portion of the Project, the
District Engineer shall so notify the Non - Federal Sponsor in writing and furnish the
Non - Federal Sponsor with an Operation, Maintenance, Repair, Replacement, and
Rehabilitation Manual (hereinafter the "OMRR &R Manual ") and with copies of all of
4
CED205TCA
3/12/98
7:34 AM
the Government's Written Notices of Acceptance of Completed Work for all contracts
for the Project or the functional portion of the Project that have not been provided
previously. Upon such notification, the Non - Federal Sponsor shall operate, maintain,
repair, replace, and rehabilitate the entire Project or the functional portion of the
Project in accordance with Article VIII of this Agreement.
D. The Non - Federal Sponsor shall contribute a minimum of 35 percent, but not
to exceed 50 percent, of total project costs in accordance with the provisions of this
paragraph.
1. The Non - Federal Sponsor shall provide a cash contribution equal to 5
percent of total project costs in accordance with Article VI.B. of this Agreement.
2. In accordance with Article III of this Agreement, the Non - Federal
Sponsor shall provide all lands, easements, rights -of -way, and suitable borrow and
dredged or excavated material disposal areas that the Government determines the
Non - Federal Sponsor must provide for the construction, operation, and maintenance
of the Project, and shall perform or ensure performance of all relocations that the
Government determines to be necessary for the construction, operation, and
maintenance of the Project.
3. If the Government projects that the value of the Non - Federal Sponsor's
contributions under paragraphs D.1. and D.2. of this Article and Articles V, X, and
XV.A. of this Agreement will be less than 35 percent of total project costs, the Non -
Federal Sponsor shall provide an additional cash contribution, in accordance with
Article VI.B. of this Agreement, in the amount necessary to make the Non - Federal
Sponsor's total contribution equal to 35 percent of total project costs.
4. If the Government determines that the value of the Non - Federal
Sponsor's contributions provided under paragraphs D.2. and D.3. of this Article and
Articles V, X, and XV.A. of this Agreement has exceeded 45 percent of total project
costs, the Government, subject to the availability of funds, shall reimburse the Non -
Federal Sponsor for any such value in excess of 45 percent of total project costs.
After such a determination, the Government, in its sole discretion, may provide any
remaining Project lands, easements, rights -of -way, and suitable borrow and dredged
or excavated material disposal areas and perform any remaining Project relocations
on behalf of the Non - Federal Sponsor.
E. The Non - Federal Sponsor may request the Government to provide lands,
easements, rights -of -way, and suitable borrow and dredged or excavated material
disposal areas or perform relocations on behalf of the Non - Federal Sponsor. Such
requests shall be in writing and shall describe the services requested to be performed.
If in its sole discretion the Government elects to perform the requested services or any
portion thereof, it shall so notify the Non - Federal Sponsor in a writing that sets forth
any applicable terms and conditions, which must be consistent with this Agreement.
In the event of conflict between such a writing and this Agreement, this Agreement
shall control. The Non - Federal Sponsor shall be solely responsible for all costs of the
requested services and shall pay all such costs in accordance with Article VI.C. of this
Agreement. Notwithstanding the provision of lands, easements, rights -of -way, and
5
CED205TCA
3/12/98
7:34 AM
suitable borrow and dredged or excavated material disposal areas or performance of
relocations by the Government, the Non - Federal Sponsor shall be responsible, as
between the Government and the Non - Federal Sponsor, for the costs of cleanup and
response in accordance with Article XV.C. of this Agreement.
F. The Government shall perform a final accounting in accordance with Article
VI.D. of this Agreement to determine the contributions provided by the Non - Federal
Sponsor in accordance with paragraphs B., D., and E. of this Article and Articles V, X,
and XV.A. of this Agreement and to determine whether the Non - Federal Sponsor has
met its obligations under paragraphs B., D., and E. of this Article.
G. The Non - Federal Sponsor shall not use Federal funds to meet the Non -
Federal Sponsor's share of total project costs under this Agreement unless the Federal
granting agency verifies in writing that the expenditure of such funds is expressly
authorized by statute.
H. In the exercise of their respective rights and obligations under this
Agreement, the Non - Federal Sponsor and the Government agree 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, as well as
Army Regulations 600 -7, entitled "Nondiscrimination on the Basis of Handicap in
Programs and Activities Assisted or Conducted by the Department of the Army, and
Section 402 of the Water Resources Development Act of 1986, as amended (33 U. S.
C. 701b -12), requiring non - Federal preparation and implementation of flood plain
management plans.
I. Not less than once each year the Non - Federal Sponsor shall inform affected
interests of the extent of protection afforded by the Project.
J. The Non - Federal Sponsor shall publicize flood plain information in the area
concerned and shall provide this information to zoning and other regulatory agencies
for their use in preventing unwise future development in the flood plain and in
adopting such regulations as may be necessary to prevent unwise future development
and to ensure compatibility with protection levels provided by the Project.
K. The Non - Federal Sponsor shall ensure that the modification to the south
Boeing Bridge described in paragraph 4.06 of the DPR is provided, operated,
maintained, repaired, replaced, and rehabilitated at no Federal expense, in a manner
compatible with the project's authorized purposes and in accordance with applicable
Federal and State laws and regulations and any specific directions prescribed by the
Federal Government.
ARTICLE III -- LANDS, RELOCATIONS, DISPOSAL AREAS, AND
PUBLIC LAW 91 -646 COMPLIANCE
A. The Government, after consultation with the Non - Federal Sponsor, shall
determine the lands, easements, and rights -of -way required for the construction,
operation, and maintenance of the Project, including those required for relocations,
CED205TCA
3/12/98
7:34 AM
borrow materials, and dredged or excavated material disposal. The Government in a
timely manner shall provide the Non - Federal Sponsor with general written
descriptions, including maps as appropriate, of the lands, easements, and rights -of-
way that the Government determines the Non - Federal Sponsor must provide, in detail
sufficient to enable the Non - Federal Sponsor to fulfill its obligations under this
paragraph,. and shall provide the Non - Federal Sponsor with a written notice to
proceed with acquisition of such lands, easements, and rights -of -way. Prior to the
end of the period of construction, the Non - Federal Sponsor shall acquire all lands,
easements, and rights -of -way set forth in such descriptions. Furthermore, prior to
issuance of the solicitation for each Government construction contract, the Non -
Federal Sponsor shall provide the Government with authorization for entry to all
lands, easements, and rights -of -way the Government determines the Non - Federal
Sponsor must provide for that contract. For so long as the Project remains
authorized, the Non - Federal Sponsor shall. ensure that lands, easements, and rights -
of -way that the Government determines to be required for the operation and
maintenance of the Project and that were provided by the Non - Federal Sponsor are
retained in public ownership for uses compatible with the authorized purposes of the
Project.
B. The Government, after consultation with the Non - Federal Sponsor, shall
determine the improvements required on lands, easements, and rights -of -way to
enable the proper disposal of dredged or excavated material associated with the
construction, operation, and maintenance of the Project. Such improvements may
include, but are not necessarily limited to, retaining dikes, wasteweirs, bulkheads,
embankments, monitoring features, stilling basins, and de- watering pumps and
pipes. The Government in a timely manner shall provide the Non - Federal Sponsor
with general written descriptions of such improvements in detail sufficient to enable
the Non - Federal Sponsor to fulfill its obligations under this paragraph, and shall
provide the Non - Federal Sponsor with a written notice to proceed with construction of
such improvements. Prior to the end of the period of construction, the Non - Federal
Sponsor shall provide all improvements set forth in such descriptions. Furthermore,
prior to issuance of the solicitation for each Government construction contract, the
Non - Federal Sponsor shall prepare plans and specifications for all improvements the
Government determines to be required for the proper disposal of dredged or excavated
material under that contract, submit such plans and specifications to the Government
for approval, and provide such improvements in accordance with the approved plans
and specifications.
C. The Government, after consultation with the Non - Federal Sponsor, shall
determine the relocations necessary for the construction, operation, and maintenance
of the Project, including those necessary to enable the removal of borrow materials
and the proper disposal of dredged or excavated material. The Government in a timely
manner shall provide the Non - Federal Sponsor with.general written descriptions,
including maps as appropriate, of such relocations in detail sufficient to enable the
Non - Federal Sponsor to fulfill its obligations under this paragraph, and shall provide
the Non - Federal Sponsor with a written notice to proceed with such relocations. Prior
to the end of the period of construction, the Non - Federal Sponsor shall perform or
ensure the performance of all relocations as set forth in such descriptions.
CED205.PCA
3/12/98
7:34 AM
Furthermore, prior to issuance of the solicitation for each Government construction
contract, the Non - Federal Sponsor shall prepare or ensure the preparation of plans
and specifications for, and perform or ensure the performance of, all relocations the
Government determines to be necessary for that contract.
D. The Non - Federal Sponsor in a timely manner shall provide the Government
with such documents as are sufficient to enable the Government to determine the
value of any contribution provided pursuant to paragraph A., B., or C. of this Article.
Upon receipt of such documents the Government, in accordance with Article IV of this
Agreement and in a timely manner, . shall determine the value of such contribution,
include such value in total project costs, and afford credit for such value toward the
Non - Federal Sponsor's share of total project costs.
E. The Non - Federal Sponsor shall comply with the applicable provisions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
Public Law 91 -646, as amended by Title IV of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100 -17), and the Uniform Regulations
contained in 49 C.F.R. Part 24, in acquiring lands, easements, and rights -of -way
required for the construction, operation, and maintenance of the Project, including
those necessary for relocations, borrow materials, and dredged or excavated material
disposal, and shall inform all affected persons of applicable benefits, policies, and
procedures in connection with said Act.
ARTICLE IV -- CREDIT FOR VALUE OF LANDS, RELOCATIONS,
AND DISPOSAL AREAS
A. The Non - Federal Sponsor shall receive credit toward its share of total project
costs for the value of the lands, easements, rights -of -way, and suitable borrow and
dredged or excavated material disposal areas that the Non - Federal Sponsor must
provide pursuant to Article III of this Agreement, and for the value of the relocations
that the Non - Federal Sponsor must perform or for which it must ensure performance
pursuant to Article III of this Agreement. However, the Non - Federal Sponsor shall not
receive credit for the value of any lands, easements, rights -of -way, relocations, or
borrow and dredged or excavated material disposal areas that have been provided
previously as an item of cooperation for another Federal project. The Non - Federal
Sponsor also shall not receive credit for the value of lands, easements, rights -of -way,
relocations, or borrow and dredged or excavated material disposal areas to the extent
that such items are provided using Federal funds unless the Federal granting agency
verifies in writing that such credit is expressly authorized by statute.
B. For the sole purpose of affording credit in accordance with this Agreement,
the value of lands, easements, and rights -of -way, including those necessary for
relocations, borrow materials, and dredged or excavated material disposal, shall be
CED205 TCA
3/12/98
7:34 AM
0 0
the fair market value of the real property interests, plus certain incidental costs of
acquiring those interests, as determined in accordance with the provisions of this
paragraph.
1. Date of Valuation. The fair market value of lands, easements, or rights -
of -way owned by the Non - Federal Sponsor on the effective date of this Agreement
shall be the fair market value of such real property interests as of the date the Non -
Federal Sponsor provides the Government with authorization for entry thereto. The
fair market value of lands, easements, or rights -of -way acquired by the Non - Federal
Sponsor after the effective date of this Agreement shall be the fair market value of
such real property interests at the time the interests are acquired.
2. General Valuation Procedure. Except as provided in paragraph B.3. of
this Article, the fair market value of lands, easements, or rights -of -way shall be
determined in accordance with paragraph B.2.a. of this Article, unless thereafter a
different amount is determined to represent fair market value in accordance with
paragraph B.2.b. of this Article.
a. The Non - Federal Sponsor shall obtain, for each real property interest,
an appraisal that is prepared by a qualified appraiser who is acceptable to the Non -
Federal Sponsor and the Government. The appraisal must be prepared in accordance
with the applicable rules of just compensation, as specified by the Government. The
fair market value shall be the amount set forth in the Non - Federal Sponsor's
appraisal, if such appraisal is approved by the Government. In the event the
Government does not approve the Non - Federal Sponsor's appraisal, the Non - Federal
Sponsor may obtain a second appraisal, and the fair market value shall be the
amount set forth in the Non - Federal Sponsor's second appraisal, if such appraisal is
approved by the Government. In the event the Government does not approve the
Non - Federal Sponsor's second appraisal, or the Non - Federal Sponsor chooses not to
obtain a second appraisal, the Government shall obtain an appraisal, and the fair
market value shall be the amount set forth in the Government's appraisal, if such
appraisal is approved by the Non - Federal Sponsor. In the event the Non - Federal
Sponsor does not approve the Government's appraisal, the Government, after
consultation with the Non - Federal Sponsor, shall consider the Government's and the
Non - Federal Sponsor's appraisals and determine an amount based thereon, which
shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non - Federal
Sponsor for the real property interest exceeds the amount determined pursuant to
paragraph B.2.a. of this Article, the Government, at the request of the Non - Federal
Sponsor, shall consider all factors relevant to determining fair market value and, in its
sole discretion, after consultation with the Non - Federal Sponsor, may approve in
writing an amount greater than the amount determined pursuant to paragraph B.2.a.
of this Article, but not to exceed the amount actually paid or proposed to be paid. If
the Government approves such an amount, the fair market value shall be the lesser of
the approved amount or the amount paid by the Non - Federal Sponsor, but no less
than the amount determined pursuant to paragraph B.2.a. of this Article.
CED205.PCA
3/12/98
7:34 AM
i
3. Eminent Domain Valuation Procedure. For lands, easements, or rights -
of -way acquired by eminent domain proceedings instituted after the effective date of
this Agreement, the Non - Federal Sponsor shall, prior to instituting such proceedings,
submit to the Government notification in writing of its intent to institute such
proceedings and an appraisal of the specific real property interests to be acquired in
such proceedings. The Government shall have 60 days after receipt of such a notice
and appraisal within which to review the appraisal, if not previously approved by the
Government in writing.
a. If the Government previously has approved the appraisal in writing,
or if the Government provides written approval of, or takes noJaction on, the appraisal
within such 60 -day period, the Non - Federal Sponsor shall use the amount set forth in
such appraisal as the estimate of just compensation for the purpose of instituting the
eminent domain proceeding.
b. If the Government provides written disapproval of the appraisal,
including the reasons for disapproval, within such 60 -day period, the Government
and the Non - Federal Sponsor shall consult in good faith to promptly resolve the .
issues or areas of disagreement that are identified in the Government's written
disapproval. If, after such good faith consultation, the Government and the Non -
Federal Sponsor agree as to an appropriate amount, then the Non - Federal Sponsor
shall use that amount as the estimate of just compensation for the purpose of
instituting the eminent domain proceeding. If, after such good faith consultation, the
Government and the Non - Federal Sponsor cannot agree as to an appropriate amount,
then the Non - Federal Sponsor may use the amount set forth in its appraisal as the
estimate of just compensation for the purpose of instituting the eminent domain
proceeding.
c. For lands, easements, or rights -of -way acquired by eminent domain
proceedings instituted in accordance with sub - paragraph B.3. of this Article, fair
market value shall be either the amount of the court award for the real property
interests taken, to the extent the Government determined such interests are required
for the construction, operation, and maintenance of the Project, or the amount of any
stipulated settlement or portion thereof that the Government approves in writing.
4. Incidental Costs. For lands, easements, or rights -of -way acquired by the
Non - Federal Sponsor within a five -year period preceding the effective date of this
Agreement, or at any time after the effective date of this Agreement, the value of the
interest shall include the documented incidental costs of acquiring the interest, as
determined by the Government, subject to an audit in accordance with Article X.C. of
this Agreement to determine reasonableness, allocability, and allowability of costs.
Such incidental costs shall include, but not necessarily be limited to, closing and title
costs, appraisal costs, survey costs, attorney's fees, plat maps, and mapping costs, as
well as the actual amounts expended for payment of any Public Law 91 -646 relocation
assistance benefits provided in accordance with Article III.E. of this Agreement.
C. After consultation with the Non - Federal Sponsor, the Government shall
determine the value of relocations in accordance with the provisions of this
paragraph.
10
CED205TCA
3/12/98
7:34 AM
0 •
1. For a relocation other than a highway, the value shall be only that
portion of relocation costs that the Government determines is necessary to provide a
functionally equivalent facility, reduced by depreciation, as applicable, and by the
salvage value of any removed items.
2. For a relocation of a highway, the value shall be only that portion of
relocation costs that would be necessary. to accomplish the relocation in accordance
with the design standard that the State of Washington would apply under similar
conditions of geography and traffic load, reduced by the salvage value of any removed
items.
3. Relocation costs shall include, but not necessarily be limited to, actual
costs of performing the relocation; planning, engineering and design costs;
supervision and administration costs; and documented incidental costs associated
with performance of the relocation, but shall not include any costs due to
betterments, as determined by the Government, nor any additional cost of using new
material when suitable used material is available. Relocation costs shall be subject to
an audit in accordance with Article X.C. of this Agreement to determine
reasonableness, allocability, and allowability of costs.
D. The value of the improvements made to lands, easements, and rights -of -way
for the proper disposal of dredged or excavated material shall be the costs of the
improvements, as determined by the Government, subject to an audit in accordance
with Article X.C. of this Agreement to determine reasonableness, allocability, and
allowability of costs. Such costs shall include, but not necessarily be limited to,
actual costs of providing the improvements; planning, engineering and design costs;
supervision and administration costs; and documented incidental costs associated
with providing the improvements, but shall not include any costs due to betterments,
as determined by the Government.
ARTICLE V -- PROJECT COORDINATION TEAM
A. To provide for consistent and effective communication, the Non - Federal
Sponsor and the Government, not later than 30 days after the effective date of this
Agreement, shall appoint named senior representatives to a Project Coordination
Team. Thereafter, the Project Coordination Team shall meet regularly until the end of
the period of construction. The Government's Project Manager and a counterpart
named by the Non - Federal Sponsor shall co -chair the Project Coordination Team.
B. The Government's Project Manager and the Non - Federal Sponsor's
counterpart shall keep the Project Coordination Team informed of the progress of
construction and of significant pending issues and actions, and shall seek the views
of the Project Coordination Team on matters that the Project Coordination Team
generally oversees.
C. Until the end of the period of construction, the Project Coordination Team
shall generally oversee the Project, including issues related to design; plans and .
specifications; scheduling; real property and relocation requirements; real property
acquisition; contract awards and modifications; contract costs; the Government's cost
11
CED205TCA
3/12/98
7:34 AM
• •
projections; final inspection of the entire Project or functional portions of the Project;
preparation of the proposed OMRR&.R Manual; anticipated requirements and needed
capabilities for performance of operation, maintenance, repair, replacement, and
rehabilitation of the Project; and other related matters.
D. The Project Coordination Team may make recommendations that it deems
warranted to the District Engineer on matters that the Project Coordination Team
generally oversees, including suggestions to avoid potential sources of dispute. The
Government in good faith shall consider the recommendations of the Project
Coordination Team. The Government, having the legal authority and responsibility
for construction of the Project, has the discretion to accept, reject, or modify the
Project Coordination Team's recommendations.
E. The costs of participation in the Project Coordination Team shall be included
in total project costs and cost shared in accordance with the provisions of this
Agreement.
ARTICLE VI -- METHOD OF PAYMENT
A. The Government shall maintain current records of contributions provided by
the parties and current projections of total project costs and costs due to betterments.
At least quarterly, the Government shall provide the Non - Federal Sponsor with a
report setting forth all contributions provided to date and the current projections of
total project costs, of total costs due to betterments, of the components of total project
costs, of each party's share of total project costs, of the Non - Federal Sponsor's total
cash contributions required in accordance with Articles II.B., II.D., and II.E. of this
Agreement, and of the non - Federal proportionate share. On the effective date of this
Agreement, total project costs are projected to be $6,648,000, and the Non - Federal
Sponsor's cash contribution required under Article II.D. of this Agreement is projected
to be $2,327,000. Such amounts are estimates subject to adjustment by the
Government and are not to be construed as the total financial responsibilities of the
Government and the Non - Federal Sponsor.
B. The Non - Federal Sponsor shall provide the cash contribution required under
Articles II.D. 1. and II.D.3. of this Agreement in accordance with the following
provisions: Not less than 30 calendar days prior to the scheduled date for issuance of
the solicitation for the first construction contract, the Government shall notify the
Non - Federal Sponsor in writing of such scheduled date and the funds the
Government determines to be required from the Non - Federal Sponsor to meet its
projected cash contribution under Articles II.D. 1. and II.D.3. of this Agreement. Not
later than such scheduled date, the Non - Federal. Sponsor shall provide the
Government with the full amount of the required funds by delivering a check payable
to "FAO, USAED, Portland (Seattle)" to the District Engineer. The Government shall
draw from the funds provided by the Non - Federal Sponsor such sums as the
Government deems necessary to cover: (a) the non - Federal proportionate share of
financial obligations for construction incurred prior to the commencement of the
period of construction; and (b) the non - Federal proportionate share of financial
obligations for construction as they are incurred during the period of construction. In
the event the Government determines that the Non - Federal Sponsor must provide
12
CED205TCA
3/12/98
7:34 AM
• •
additional funds to meet the Non - Federal Sponsor's cash contribution, the
Government shall notify the Non - Federal Sponsor in writing of the additional funds
required. Within 60 calendar days thereafter, the Non - Federal Sponsor shall provide
the Government with a check for the full amount of the additional required funds.
C. In advance of the Government incurring any financial obligation associated
with additional work under Article II.B. or II. E. of this Agreement, the. Non - Federal
Sponsor shall provide the Government with the full amount of the funds required to
pay for such additional work by delivering a check payable to "FAO, USAED, Portland
(Seattle)" to the District Engineer. The Government shall draw from the funds
provided by the Non - Federal Sponsor such sums as the Government deems necessary
to cover the Government's financial obligations for such additional work as they are
incurred. In the event the Government determines that the Non - Federal Sponsor
must provide additional funds to meet its cash contribution, the Government shall
notify the Non - Federal Sponsor in writing of the additional funds required. Within 30
calendar days thereafter, the Non - Federal Sponsor shall provide the Government with
a check for the full amount of the additional required funds.
D. Upon completion of the Project or termination of this Agreement, and upon
resolution of all relevant claims and appeals, the Government shall conduct a final
accounting and furnish the Non - Federal Sponsor with the results of the final
accounting. The final accounting shall determine total project costs, each party's
contribution provided thereto, and each party's required share thereof. The final
accounting also shall determine costs due to betterments and the Non - Federal
Sponsor's cash contribution provided pursuant to Article II.B. of this Agreement.
1. In the event the final accounting shows that the total contribution
provided by the Non - Federal Sponsor is less than its required share of total project
costs plus costs due to any betterments provided in accordance with Article II.B. of
this Agreement, the Non - Federal 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 Non - Federal Sponsor's required share of total project costs plus
costs due to any betterments provided in accordance with Article II.B. of this
Agreement.
2. In the event the final accounting shows that the total contribution
provided by the Non - Federal Sponsor exceeds its required share of total project costs
plus costs due to any betterments provided in accordance with Article II.B. of this
Agreement, the Government shall, subject to the availability of funds, refund the
excess to the Non - Federal Sponsor no later than 90 calendar days after the final
accounting is complete; however, the Non - Federal Sponsor shall not be entitled to any
refund of the 5 percent cash contribution required pursuant to Article II.D.1. of this
Agreement. In the event existing funds are not available to refund the excess to the
Non - Federal Sponsor, the Government shall seek such appropriations as are
necessary to make the refund.
13
CED205TCA
3/12/98
7:34 AM
ARTICLE VII -- DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of the
purported breach and seek in good faith to resolve the dispute through negotiation. If
the parties cannot resolve the dispute through negotiation, they may agree to a
mutually acceptable method of non - binding alternative dispute resolution with a
qualified third party acceptable to both parties. The parties shall each pay 50 percent
of any costs for the services provided by such a third party as such costs are incurred.
The existence of a dispute shall not excuse the parties from performance pursuant to
this Agreement.
ARTICLE VIII -- OPERATION, MAINTENANCE, REPAIR, REPLACEMENT,
AND REHABILITATION (OMRR &R)
A. Upon notification in accordance with Article II.C. of this Agreement and for
so long as the Project remains authorized, the Non - Federal Sponsor shall operate,
maintain, repair, replace, and rehabilitate the entire Project or the functional portion
of the Project, at no cost to the Government, in a manner compatible with the
Project's authorized purposes and in accordance with applicable Federal and State
laws as provided in Article XI of this Agreement and specific directions prescribed by
the Government in the OMRR &R Manual and any subsequent amendments thereto.
B. The Non - Federal Sponsor hereby gives the Government a right to enter, at
reasonable times and in a reasonable manner, upon property that the Non - Federal
Sponsor owns or controls for access to the Project for the purpose of inspection and, if
necessary, for the purpose of completing, operating, maintaining, repairing, replacing,
or rehabilitating the Project.. If an inspection shows that the Non - Federal Sponsor for
any reason is failing to perform its obligations under this Agreement, the Government
shall send a written notice describing the non - performance to the Non - Federal
Sponsor. If, after 30 calendar days from receipt of notice, the Non - Federal Sponsor
continues to fail to perform, then the Government shall have the right to enter, at
reasonable times and in a reasonable manner, upon property that the Non - Federal
Sponsor owns or controls for access to the Project for the purpose of completing,
operating, maintaining, repairing, replacing, or rehabilitating the Project. No
completion, operation, maintenance, repair, replacement, or rehabilitation by the
Government shall operate to relieve the Non - Federal Sponsor of responsibility to meet
the Non - Federal Sponsor's obligations as set forth in this Agreement, or to preclude
the Government from pursuing any other remedy at law or equity to ensure faithful
performance pursuant to this Agreement.
ARTICLE IX -- INDEMNIFICATION
The Non - Federal Sponsor shall hold and save the Government free from all
damages arising from the construction, operation, maintenance, repair, replacement,
and rehabilitation of the Project and any Project- related betterments, except for
damages due to the fault or negligence of the Government or its contractors.
14
CED205TCA
3/12/98
7:34 AM
i •
ARTICLE X -- MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the effective date of this Agreement, the
Government and the Non - Federal Sponsor shall develop procedures for keeping
books, records, documents, and other evidence pertaining to costs and expenses
incurred pursuant to this Agreement. These procedures shall incorporate, and apply
as appropriate, the standards for financial management systems set forth in the
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non -
Federal Sponsor shall maintain such books, records, documents, and other evidence
in accordance with these procedures and for a minimum of three years after the
period of construction and resolution of all relevant claims arising therefrom. To the
extent permitted under applicable Federal laws and regulations, the Government and
the Non - Federal Sponsor shall each allow the other to inspect such books,
documents, records, and other evidence.
B. Pursuant to 32 C.F.R. Section 33.26, the Non - Federal. Sponsor is responsible
for complying with the Single Audit Act of 1984, 31 U.S.C. Sections 7501 -7507, as
implemented by Office of Management and Budget (OMB) Circular No. A -133 and
Department of Defense Directive 7600.10. Upon request of the Non - Federal Sponsor
and to the extent permitted under applicable Federal laws and regulations, the
Government shall provide to the Non - Federal Sponsor and independent auditors any
information necessary to enable an audit of the Non - Federal Sponsor's activities
under this Agreement. The costs of any non - Federal audits performed in accordance
with this paragraph shall be allocated in accordance with the provisions of OMB
Circulars A -87 and A -133, and such costs as are allocated to the Project shall be
included in total project costs and cost shared in accordance with the provisions of
this Agreement.
C. In accordance with 31 U.S.C. Section 7503, the Government may conduct
audits in addition to any audit that the Non - Federal Sponsor is required to conduct
under the Single Audit Act. Any such Government audits shall be conducted in
accordance with Government Auditing Standards and the cost principles in OMB
Circular No. A -87 and other applicable cost principles and regulations. The costs of
Government audits performed in accordance with this paragraph shall be included in
total project costs and cost shared in accordance with the provisions of this
agreement.
ARTICLE XI -- FEDERAL AND STATE LAWS
In the exercise of their respective rights and obligations under this Agreement,
the Non - Federal Sponsor and the Government agree 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, as well as Army Regulations 600-
7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities
Assisted or Conducted by the Department of the Army ".
15
CED205TCA
3/12/98
7:34 AM
ARTICLE XII -- RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this
Agreement, the Government and the Non - Federal Sponsor each act in an independent
capacity, and neither is to be considered the officer, agent, or employee of the other.
B. In the exercise of its rights and obligations under this Agreement, neither
party shall provide, without the consent of the other party, any contractor with a
release that waives or purports to waive any rights such other party may have to seek
relief or redress against such contractor either pursuant to any cause of action that
such other party may have or for violation of any law.
ARTICLE XIII -- OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, nor any resident commissioner, shall
be admitted to any share or part of this Agreement, or to any benefit that may arise
therefrom.
ARTICLE XIV -- TERMINATION OR SUSPENSION
A. If at any time the Non - Federal Sponsor fails to fulfill its obligations under
Article II.B., II.D., II.E., VI, or XVIII.C. of this Agreement, the Government shall
terminate this Agreement or suspend future performance under this Agreement
unless the Assistant Secretary of the Army (Civil Works) determines that continuation
of work on the Project 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 the
Project.
B. If the Government fails to receive annual appropriations in amounts
sufficient to meet Project expenditures for the then- current or upcoming fiscal year,
the Government shall so notify the Non - Federal Sponsor in writing, and 60 calendar
days thereafter either party may elect without penalty to terminate this Agreement or
to suspend future performance under this Agreement. In the event that either party
elects to suspend future performance under this Agreement pursuant to this
paragraph, such suspension shall remain in effect until such time as the Government
receives sufficient appropriations or until either the Government or the Non- Federal
Sponsor elects to terminate this Agreement.
C. In the event that either party elects to terminate this Agreement pursuant to
this Article or Article XV of this Agreement, both parties shall conclude their activities
relating to the Project and proceed to a final accounting in accordance with Article
VI.D. of this Agreement.
D. Any termination of this Agreement or suspension of future performance
under this Agreement in accordance with this Article or Article XV of this Agreement
shall not relieve the parties of liability.for any obligation previously incurred. Any
delinquent payment shall be charged interest at a rate, to be determined by the
16
CED205. PCA
3/12/98
7:34 AM
Secretary of the Treasury, equal to 150 per centum of the average bond equivalent
rate of the 13 -week Treasury bills auctioned immediately prior to the date on which
such payment became delinquent, or auctioned immediately prior to the beginning of
each additional 3 -month period if the period of delinquency exceeds 3 months.
ARTICLE XV -- HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon direction by the District
Engineer, the Non - Federal Sponsor shall perform, or cause to be performed, any
investigations for hazardous substances that the Government or the Non - Federal
Sponsor determines to be necessary to identify the existence and extent of any
hazardous substances regulated under the Comprehensive Environmental Response,
Compensation, and Liability Act (hereinafter "CERCLA "), 42 U.S.C. Sections 9601-
9675, that may exist in, on, or under lands, easements, and rights -of -way that the
Government determines, pursuant to Article III of this Agreement, to be required for
the construction, operation, and maintenance of the Project. However, for lands that
the Government determines to be subject to the navigation servitude, only the
Government shall perform such investigations unless the District Engineer provides
the Non - Federal Sponsor with prior specific written direction, in which case the Non -
Federal Sponsor shall perform such investigations in accordance with such written
direction. All actual costs incurred by the Non - Federal Sponsor for such
investigations for hazardous substances shall be included in total project costs and
cost shared in accordance with the provisions of this Agreement, subject to an audit
in accordance with Article X.C. of this Agreement to determine reasonableness,
allocability, and allowability of costs.
B. In the event it is discovered through any investigation for hazardous
substances or other means that hazardous substances regulated under CERCLA exist
in, on, or under any lands, easements, or rights -of -way that the Government
determines, pursuant to Article III of this Agreement, to be required for the
construction, operation, and maintenance of the Project, the Non - Federal Sponsor
and the Government shall provide prompt written notice to each other, and the Non -
Federal Sponsor shall not proceed with the acquisition of the real property interests
until both parties agree that the Non - Federal Sponsor should proceed.
C. The Government and the Non - Federal Sponsor shall determine whether to
initiate construction of the Project, or, if already in construction, whether to continue
with work on the Project, suspend future performance under this Agreement, or
terminate this Agreement for the convenience of the Government, in any case where
hazardous substances regulated under CERCLA are found to exist in, on, or under
any lands, easements, or rights -of -way that the Government determines, pursuant to
Article III of this Agreement, to be required for the construction, operation, and
maintenance of the Project. Should the Government and the Non - Federal Sponsor
determine to initiate or continue with construction after considering any liability that
may arise under CERCLA, the Non - Federal Sponsor shall be responsible, as between
the Government and the Non - Federal Sponsor, for the costs of clean-up and response,
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 total project costs. In the event the Non - Federal Sponsor fails to provide any funds
17
CED2o5TCA
3/12/98
7:34 AM
necessary to pay for clean up and response costs or to otherwise discharge the Non -
Federal Sponsor's responsibilities under this paragraph upon direction by the
Government, the Government may, in its sole discretion, either terminate this
Agreement for the convenience of the Government, suspend future performance under
this Agreement, or continue work on the Project.
D. The Non - Federal Sponsor and the Government shall consult with each other
in accordance with Article V of this Agreement in an effort to ensure 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 third
party from any liability that may arise under CERCLA.
E. As between the Government and the Non - Federal Sponsor, the Non - Federal
Sponsor shall be considered the operator of the Project for purposes of CERCLA
liability. To the maximum extent practicable, the Non - Federal Sponsor shall operate,
maintain, repair, replace, and rehabilitate the Project in a manner that will not cause
liability to arise under CERCLA.
ARTICLE XVI -- NOTICES
A. Any notice, request, demand, or other communication required or permitted
to be given under this Agreement shall be deemed to have been duly given if in writing
and either delivered personally or by telegram or mailed by first - class, registered, or
certified mail, as follows:
If to the Non - Federal Sponsor:
Mayor, City of Renton
200 Mill Street
Renton, Washington 98055
If to the Government:
District Engineer
U.S. Army Engineer District
P. O. Box 3755
Seattle, Washington 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.
18
CED205TCA
3/12/98
7:34 AM
0 0
C. Any notice, request, demand, or other communication made pursuant to this
Article shall be deemed to have been received by the addressee at the earlier of such
time as it is actually received or seven calendar days after it is mailed.
ARTICLE XVII -- CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to
maintain the confidentiality of exchanged information when requested to do so by the
providing party.
ARTICLE XVIII -- HISTORIC PRESERVATION
A. The costs of identification, survey and evaluation of historic properties shall
be included in total project costs and cost shared in accordance with the provisions of
this Agreement.
B. As specified in Section 7(a) of Public Law 93 -291 (16 U.S.C. Section 469c(a)),
the costs of mitigation and data recovery activities associated with historic
preservation shall be borne entirely by the Government and shall not be included in
total project costs, up to the statutory limit of one percent of the total amount the
Government is authorized to expend for the Project.
C. The Government shall not incur costs for mitigation and data recovery that
exceed the statutory one percent limit specified in paragraph B. of this Article unless
and until the Assistant Secretary of the Army (Civil Works) has waived that limit in
accordance with Section 208(3) of Public Law 96 -515 (16 U.S.C. Section 469c- 2(3)).
Any costs of mitigation and data recovery that exceed the one percent limit shall not
be included in total project costs but shall be cost shared between the Non - Federal
Sponsor and the Government consistent with the minimum non - Federal cost _sharing
requirements for the underlying flood control purpose, as follows: 35 percent borne by
the Non - Federal Sponsor, and 65 percent borne by the Government.
ARTICLE XIX -- LIMITATION ON GOVERNMENT EXPENDITURES
In accordance with Section 205 of the Flood Control Act of 1948, as amended,
the G6vernment's financial participation in the Project is limited to $5,000,000 which
shall include all Federal funds expended by the Government for planning, design, and
implementation of the project except for coordination account funds expended prior to
the first work allowance for study initiation. Notwithstanding any other provision of
this Agreement, the Non - Federal Sponsor shall be responsible for all costs in excess of
this amount.
19
CED205TCA
3/12/98
7:34 AM
� r
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which
shall become effective upon the date it is signed by the District Engineer.
THE DEPARTMENT OF THE ARMY
BY: 4
J MES M. RIGSBY
lonel, Corps of Engineers
Seattle District Engineer
DATE: 1'u
CED205TCA
3/12/98
7:34 AM
THE CITY OF RENTON,
WASHINGTON
BY:
;ESSE TANNER
Mayor
DATE: � G, /1-7F
20
CERTIFICATE OF AUTHORITY
I, LAWRENCE J. WARREN, do hereby certify that I am the principal legal officer
of the City of Renton, Washington, that the City of Renton 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 Renton, Washington,
in connection with the Cedar River, Renton, Washington Flood Damage Reduction
Project, 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 -911 (42 U.S.C. Section 1962d -5b), and that the persons who have executed
this Agreement on behalf of the City of Renton have acted within their statutory
authority.
IN WITNESS WHEREOF, I have made and executed this certification this
l0�ik. day of 1998.
CED205TCA
3/12/98
7:34 AM
BY:
21
LAWRENCE J. WARREN
Renton City Attorney
r r
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.
CITY OF RENTON, WASHINGTON
BY:
SE TANNER
Mayor
DATE: N44f-, G
22
CED205.PCA
3/12/98
7:34 AM
REPLY TO
ATTENTION OF
0 •
DEPARTMENT OF THE ARMY
SEATTLE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 3755
SEATTLE, WASHINGTON 98124 -3755
Operations Division
Emergency Management Branch
Mr. Steven Lee
City of Renton, Surface Water Utility Engineering
1055 South Grady Way
Renton, Washington 98055
June 13, 2007
RE: Cedar River at Renton, Washington, Public Law 84 -99 Project, Rehabilitation of Flood
Control Works (Levee Repair), Job No. CED -1 -07
Dear Mr. Lee:
This letter is in response to the City of Renton's request of December 5, 2006, for assistance
under PL 84 -99 to repair damage to the levees included in the Section 205 Cedar River Flood
Damage Reduction Project. Enclosure 1 is a copy of the Project Information Report (PIR)
describing the proposed levee repairs.
As previously discussed with the City of Renton staff the actual repair work is 100 percent
federal cost. However, the terms and'conditions of the May 9, 1998 Project Cooperation
Agreement (PCA), Enclosure 2, between the United States Government and City of Renton
applies to the proposed levee repairs. What this means is the City must comply with the three
basic provisions to the Agreement generally referred to as the A -B -C's listed below.
A. The City of Renton must make available without cost to the United States all lands,
easements and rights -of -way, and rights -of -entry necessary for the repair work referenced above.
(See Articles II. D. 2. and Article III. of the PCA.)
B. The City of Renton must hold and save the United States free from any claims for
damages arising out of the levee repair. (See Article IX of the PCA.)
C. The City of Renton must continue to maintain and operate all the Project features after
the levee repair, and prevent any encroachment on the completed work. (See Article VIII of the
PCA.)
Please have the mayor acknowledge the city's continued obligation of providing the A -B-
C's presented and more fully described in the PCA of May 9, 2003 by signing in the space
provided at the end of this letter.
•
2
I ],
Enclosure 3 is a combination Certification of Lands and Attorney's Certificate document
(in duplicate). The mayor must sign the land certification portion, and the City attorney must
sign the Attorney's Certificate verifying the City of Renton continues to hold sufficient interest
in the lands needed for the proposed levee repairs.
Following receipt of a completed Certification of Lands with original signatures, Mr. Bruce
Rohde, Corps Real Estate Attorney, will review the City's certification package for sufficiency
of title, area, and interest for the lands before the COE will advertise for construction.
The City must return one original signature copy of this letter, and one original signature
Certification of Lands and Attorney's Certification document by June 20, 2007 or sooner.
Enclosures
Sincerely,
aul K oroske, E.
Chief, Emergency Management Branch
Operations Division
The City of Renton, Washington, acting by and through the Mayor hereby acknowledges
the City's continued obligations as stated in the Project Cooperation Agreement of May 9, 1998.
CITY OF RENTON, WASHINGTON
By
Kathy Ke er, Mayor
Attest:
Bonnie I. Walton, City Clerk=
Date zoo %
0
(date) I/
Department of the Army
Seattle District, Corps of Engineers
ATTN: Real Estate Division
Post Office Box 3755
Seattle, Washington 98124 -3755
C
RE: Certification of Lands and Authorization for Entry for Public Law 84 -99 Levee Restoration,
Cedar River at Renton Job No. CED -1 -07
Dear Ladies and Gentleman:
By Project Cooperation Agreement dated the 9th day of May 1998, the City of Renton
assumed full responsibility to fulfill the requirements of non - federal cooperation as specified
therein and in accordance with the Water Resources Development Act of 1986, as amended.
This is to certify that the City of Renton has sufficient title and interest in the lands
hereinafter shown on Exhibit A, attached, in order to enable the City of Renton to comply with
the aforesaid requirements of non - federal cooperation.
Said lands and /or interest therein are owned or have been acquired by the City of Renton,
and are to be used for the construction, maintenance and operation of the above referenced
project and include but are not limited to the following specifically enumerated rights and uses,
except as hereinafter noted:
Flood Protection Levee Easement: A perpetual and assignable right and easement in the
land shown in the attached Exhibit A 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.
Temporary Work Area Easement: A temporary easement and right -of -way in, on, over,
and across the land shown in the attached Exhibit A, for a period beginning July 16, 2007
through October 31, 2007, for use by the United States, its representatives, agents, and
contractors as a work area, including the right to move, store, and remove equipment and
CED -1 -07 LER Cert.DOC
06/12/07
3`
4
supplies, and erect and remove temporary structures on the land and to perform any other work
necessary and incident to the construction of the Cedar River at Renton, PL 84 -99 Levee Repair
Project, Job No. CED -1 -07, 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.
The City of Renton 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 City of Renton certifies to the United States of America that any lands acquired
subsequent to the execution of the Project Cooperation Agreement that are necessary for this
project have been accomplished in compliance with the provisions of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, (Public Law 91 -646) as amended
by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987
(Public Law 100 -17), and the Uniform Regulations contained in 49 CFR, Part 24.
CITY OF RENTON, WASHINGTON
By:
Kathy Keolkd, Mayor
Date:
Attest:
664.� 4. &)azte--
Bonnie I. Walton, City Clerk
2
ATTORNEY'S CERTIFICATE
I, L-arTr-Weffeii, an attorney admitted to practice law in the State of Washington, certify
that I am the attorney for the City of Renton, Washington, and that I have reviewed the attached
Certification of Lands and Authorization for Entry dated /1 , 2007 for the
Cedar River at Renton CED -1 -07 P.L. 84 -99 Project, to whicl this Certificate is appended.
I certify that the City of Renton, Washington, is at this time and was upon the date of the
Certification of Lands and authorization for Entry, vested with a valid interest in and to the lands
described in the certification of a character and quality sufficient to authorize the United States,
its representatives and agents and contractors, the irrevocable right, privilege and permission to
enter upon the lands described in the Certification of Lands and Authorization for Entry for the
purpose of prosecuting the project.
I further certify that said Certification of Lands and Authorization for Entry was executed
by an officer of the City of Renton, Washington, with the appropriate authority and is in a form
sufficient to grant the authorization herein stated.
DATED AND SIGNED at REA11DV, W4 (, klINU &n/l f / this day of
2007.
--I, -Wan -=,, �Mrr�e�rat -Exv-
Za tta Fontes, Assistant City Attorney
I t'
F.Ie..th: M-99 R-d R..,'C.dS, River 205 -,e. CED-2-09\
*4
OR
U104.1
021
f
I 00t"96Z' L
M
Q-Q]
1� .2
M-
Y�J
Mi
to
Dm
m
en
000864i v
s� z
NA"
N*'NW,
Oe.
-51�5
r5
Pao
00Z'66Z'&
AM1
In
It
It
m
X
All
ck
009'6 t'L
co
'c '27,
P.
k
CD
z
0 m
-q G)
oom
0 -A -:6
m m
x z m
0 0 -1 -v _0 0 IO 0
C x
z mx
lzo
r- >
z 0 cn z X w 0 x
C
ol ('01
mo
'o Tm z.- 'o ---t m 22
po <
0
0
x MW cx:: r m
M
z m
m 0 Z
0 M (')
-4 r- --I
cl) x
I!q!"qnx3
0 m 0 0 co) z
m z z cn
m z m m
T G) C) M
Z 00
m yy
C 5 C)
LAW
E: 6
-u
0 m m
C/) -4 z
i
z
8
m . r-
z Z
m
> m
M i
0 ( 1)
6
X
m
"' S E R'CT
CEDAR RIVER 205 LEVEE CED-2-09 U.S,ARMYE 11.1ER1111 SEATTLE
CORPS NGINEERS
SEATTLE. IASIINGTON
B
REAL ESTATE
REAL STATE DIVISION
• SEE SE -RE -TR
co
g � 3 0
TECHNICAL RESOURCES
CADAST-
KING COUNTY IN AASNINGTON
�..IDII.ICATPONE
VA1111" PER —ITZGERALD
01gL11
0
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
CEDAR RIVER AT RENTON
CED -1 -07
PART 1. PROJECT EXECUTIVE SUMMARY
PROJECT NAME: Cedar River at Renton
PROJECT FUNDING CLASS: 310
PROJECT CWIS NUMBER: 094283
NON - FEDERAL SPONSOR: City of Renton
LOCATION AND DESCRIPTION: The Federally Authorized Cedar River project is
located on the Cedar River from approximately river mile (RM) 0 to RM 1.5, in the city
of Renton, in King County, Washington. The project includes earthen levees combined
with steel and concrete floodwalls, along both banks of the river. The project also
includes dredging in the river channel. The project was designed to provide protection to
the 100 -year event level.
DESCRIPTION OF DAMAGE: The flood protection project experienced toe scour for a
total length of about 700 lineal feet (LF) in two locations. Site A is located adjacent to
the sheet pile and concrete cap structure and experienced about 300 LF of scour to a
depth of approximately 4 feet .(FT). Site B is located upstream of site A and consists of
about 400 LF of extensive toe scour roughly 18 FT wide by about 10 FT High.
PROPOSED REPAIR; The recommended repair plan consists of armoring the toe scour
with riprap over the damaged lengths. A three foot thick blanket of class IV riprap will
be placed on a 1 FT lift of quarry spalls, over a six inch layer of gravel except at site B
where a more extensive wedge of riprap is necessary to counter anticipated bed scour.
Slopes will be re- graded to insure no loss of conveyance and adequate slope stability.
Re- establishment of the lost embankment at site A will require a significant placement of
quarry spalls for stability. Riprap above the ordinary high water line (OHWL) will have
a lift of topsoil placed on it and will be hydroseeded and appropriate shrubs will be
planted where applicable. In addition, trees and stumps within 12 FT of the levee toe will
be removed at Government expense to meet recent Corps of Engineers' requirements for
this type of structure.
SUMMARIZED FINANCIAL AND ECONOMIC DATA:
Contract costs
$351,500
Supervision & Administration
6%
$21,100
Contingency
10%
$37,300
TOTAL CONSTRUCTION COST
$409,900
P nr / )
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Engineering and Design
6%
$24,600
TOTAL PROJECT COST
$434,500
B/C Ratio
3.5
POINT OF CONTACT: Doug Weber, CENWS- OD -EM, (206) 764 -3406
2
t
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
PART 2. PROJECT REPORT
1. Proiect Identification
a. Project Name: Cedar River at Renton
b. Project Funding Class: 310
c. Project CWIS Number: 094283
2. Project Authority
a. Classification: Federal
b. Authority: CAP, Section 205
c. Estimated original cost of project: $7,900,000
d. Construction completion date of the original project: 2000
e. PL 84 -99 rehabilitations have most recently been completed in: NONE
3. Non - Federal Sponsor
a. Sponsor Identification: City of Renton
POC: Steven Lee, 425- 430 -7205
City of Renton, Surface Water Utility Engineering
1055 S. Grady Way
Renton, WA 98055
b. Application for Assistance:
(1) Date of Issuance of District's public Notice: 29 November 2006.
(2) Date of public sponsor's written request: Dec 5, 2006.
4. Project Description
The Cedar River at Renton Section 205 project is located in downtown Renton. The
lower stretch of river is a channel dredged for flood control and commerce in the early
1900's. The Renton Airport is located on the left bank, and a Boeing assembly plant and
Renton park are located on the right bank. Prior to construction of the project, zero
damage for the left bank began at a 3 -4 year recurrence interval flood event, and for the
right bank damage began at an 8 -10 year recurrence interval flood event. In the
November 1990 flood (50 -year recurrence interval event), the project area experienced
approximately $8 million in damages.
The project improved the lower 1 '/z miles of the Cedar River to reduce flood damages in
downtown Renton, primarily at the Boeing aircraft manufacturing plant and at the Renton
Municipal Airport.
5. Project Design
The project included dredging the lower river channel approximately four feet deeper
from the mouth of the river to the Logan Avenue bridge (at river mile 1), gradually
decreasing the slope upstream another '/2 mile to meet the existing grade. The project
O &M plan includes a requirement to re- dredge as needed, since the river will deposit
sediment in the project reach. Because of this sedimentation and re- dredging cycle, the
3
S
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
level of protection varies through the life of the project. Levees and floodwalls were
raised along both banks from the mouth to Williams Avenue, 1 'A miles upstream, to
contain the 100 -year flood just prior to re- dredging. The dredge interval for maintenance
dredging was estimated at 3 years on average, but has not yet been needed. An overflow
section downstream of the south Boeing bridge on the left bank insures that if the project
is exceeded, flooding will occur on the less developed left bank. Boeing has added
hydraulic jacks to the south Boeing bridge to lift it clear of flood waters. This feature is
not part of the Federal project.
6. Disaster Incident: In early November 2006 a large rainfall event fell over Western
Washington, including 3.29 inches of rain over a 24 -hour period at SeaTac Airport. Areas
similar to the upper Cedar basin, such as the upper Green River basin saw 24 -hour
precipitation totals of approximately 8- inches. The combination of excessive rainfall and
rise in freezing level produced high water on the Cedar River for a number of days. The
rainfall resulted in approximately a 9 -year frequency flood event on the Cedar River in
the City of Renton, Washington which peaked at approximately 6,100 cfs (as measured at
USGS gage #12119000, Cedar River in Renton, Washington at 2100 hours on 11/07/06).
7. Proiect Damages:
Damage
Area
Levee Damage Detail
lineal feet — l
Damage Location
Fork/Bank/RiverMile RM /Section Township Range
Site A
300
Left Bank, Cedar River
Site B
400
Left Bank, Cedar River
Project Performance Data
a. Inspection Results.
(1) Date of Last Inspection:
(2) Type of Last Inspection: Periodic Inspection of Federal Flood Control Work
(3) Project Condition Code of Last Inspection: Active
b. Sponsor's Annual O &M Costs: $290,000
c. The levee is well maintained by the City of Renton.
9. Protect Alternatives Considered
Multiple alternatives were considered including the No- Action alternative, the non-
structural Alternative, and the Riprap alternative. The Riprap Alternative is preferred for
both Sites A and B. Site A will have additional placement of snowberries planted above
the Ordinary High Water line.
Site A — Alternatives Analyzed
a. No Action Alternative
4
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
The No Action Alternative was rejected. The material must be replaced to allow the wall
to function as designed. The erosion along the toe of the floodwall is an isolated case.
The intent of the material on the riverward side of the wall is to provide resistance to
overturning. Without replacing the material, the wall does not perform to the optimum
level of design. The results of a wall failure would include damages of airplanes and to
the airport, commercial establishments such as Boeing and local infrastructure including
roads and utilities.
b. Non - Structural Alternative
This alternative would relocate all existing commercial structures, utilities and other
infrastructure within the damage area protected by this section of floodwall. 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.
c. The Riprap Alternative
This alternative is a Class IV riprap toe and slope protection. The repair will re- establish
the eroded slope geometry with quarry spalls and armor the toe and. slope with a 3 foot
thick blanket of class IV riprap. The riprap slope will be covered with soil above the
ordinary high water line (OHWL), hydroseeded, and planted with appropriate vegetation
where practical.
Site B — Alternatives Analvzed
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 50 -year event. The results of a failure would
include damages of airplanes and the airport, commercial establishments such as Boeing
and local infrastructure including roads and utilities.
b. Non - Structural Alternative
This alternative would relocate all existing commercial structures, utilities, and other
infrastructure within the drainage 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.
c. Riprap Alternative
This alternative will require re- grading of the eroded slope to a more stable 2 (H) on 1
(V) slope, placing a wedge of class IV riprap to compensate for the unexpectedly high
flow velocities that are experienced at this site, and covering the riprap above the OHWL
with a one foot lift of topsoil and hydroseeding .
0
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
10. Recommended Alternative
SITE A — RECOMMENDED ALTERNATIVE: The recommended alternative is
a 3 FT blanket of class IV riprap placed on quarry spalls. The repair of damages will be a
total of 300 linear feet (LF). The existing scour pocket is vertical and re- establishment of
a stable slope will require replacing the eroded embankment with quarry spalls on a 2
horizontal (H) on 1 vertical slope. A 1 FT lift of soil will be placed over the riprap above
the OHWL and will be hydroseeded and planted with snowberiy. This vegetation
scheme will not prevent future inspection of the project. This alternative offers the least
expensive repair and the best solution to the repair of flood control damage, while
considering the pre -flood condition. All bank protection material will consist of clean,
non - contaminated material.
SITE B - RECOMMENDED ALTERNATIVE: The recommended alternative is
the Riprap Alternative. The repair of damages will be a total of 400 linear feet. The repair
will require re- grading the eroded bank to a more stable slope, placing a wedge of class
IV riprap on a 2H:1 V slope in the eroded section of the embankment. The entire slope
will be covered with a 3 FT thick blanket of class IV riprap and the riprap will be covered
with a 1FT lift of soil above the OHWL and hydroseeded. This alternative offers the
least expensive repair and the best solution to the repair of levee damage, while
considering the pre -flood condition. The levee repair will be tied into the levee upstream
and downstream at the same slope grade. All bank protection material will consist of
clean, non - contaminated material.
ADDITIONAL WORK TO BE COMPLETED
In addition to the recommended alternatives for site A and site B, work will also include
removal of trees within 12 feet of floodwalls within the project area to comply with
recent Corps of Engineers guidance. There are 112 trees to be removed, all on the left
bank between the South Boeing Bridge and the Logan Avenue Bridge. This work is a
Corps requirement pursuant to review of the floodwall performance at New Orleans, and
will be funded at 100% Federal cost.
11. Real Estate
The City of Renton is the Non - Federal Sponsor (NFS), and will need to provide written
acknowledgement of its continued obligation to provide the usual a -b -c's before any
work is accomplished. This includes making available without cost to the United States
all lands, easements, and rights of way (LER) necessary for the rehabilitation work effort.
This must be accomplished by providing the Corps with a fully executed lands
certification and authorization for entry document including any required title evidence to
demonstrate that the NFS continues to hold sufficient area and interests in the LER
needed for construction, and subsequent operation and maintenance of the rehabilitation
effort.
2
0 •
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
The two damaged areas (Sites A and B) are on the riverward side of the left bank of the
lower Cedar River near River Mile 1 in Section 7, Township 23 North, Range 5 East of
the Willamette Meridian, King County. Repairs to both sites will be within the existing
levee footprint.
The NFS will need to demonstrate that it continues to have physical and legal access over
all lands for access to the damaged areas.
The NFS will need to certify all necessary LER needed for construction and subsequent
operation and maintenance of the rehabilitation effort, including ingress and egress
thereto, prior to advertising for construction or solicitation for equipment rental.
12. Economic Evaluation
Flood damage benefits are based on the reduction in damages expected by the Flood
Control Work. Flood Control Works (FCW) or projects do not prevent flooding; they
reduce the probabilities of damages from flooding. Potential flood damages are estimated
by constructing a damage frequency curve where increasing damages are associated with
decreasing probabilities. The area under this curve is known as the expected annual
damages or EAD. A FCW reduces the probabilities of flood damages thus reducing the
EAD. Damages reduced are the benefits attributable to FCW. The levee on the left bank
of the Cedar River through the city of Renton is a FCW that provided protection, from
flood events up to a 100 -year recurrence interval or a I% annual probability. The damage
incurred to the levee during the November 2006 event reduced the performance of this
levee to an event estimated to be equivalent to a 70 -year recurrence interval or a 1.4%
annual probability.
In accordance with ER500 -1 -1, the economic life shall be 50- years, or the degree of
protection afforded by the project, whichever is less. Therefore, the following economic
analysis is based on FY07 discount rate of 4.875 percent with an economic life of 50
years.
On the left bank the levee protects one parcel of land owned by the City of Renton. This
parcel includes 167 acres of land and the Renton Municipal Airport with 34 commercial
buildings on it including buildings owned by the Boeing Company, the FAA, the City of
Renton, numerous small aviation businesses, and privately owned aircraft. Aircraft
constructed at the Renton Boeing Facilities are initially tested here before being flown
out to other facilities for completion. Flooding of the Airport would have a significant
impact on 737 deliveries. According to the King County Assessors office the appraised
1 The term "Level of Protection" or "LOP" is often used to describe the events that the FCW is expected to
protect against. However, LOP can be misleading, so recently the Army Corps of Engineers in conjunction
with FEMA have begun to adopt a more precise definition of levee performance that is still ongoing. In
general a typical FCW that has a 100 year LOP would be described as providing a 90 -95 percent
probability of containing a I percent annual probability event, assuming that the FCW has perfect integrity.
Perfect integrity however, is a very strong assumption that at times does not hold.
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
improvement value of this parcel is $14,013,200. Using the Marshal & Swift valuation
service and the building data on the King County tax assessor website the total
depreciated replacement values of the 34 structures was estimated to be $24.9 Million.
The 100 -year event would inundate the Renton airport with an estimated .average of 0.5
feet of water. This would cause significant damages to the airport infrastructure as well as
interference with airport operations. Estimating all of the potential damages associated
with a 100 year event is not required to justify the rehabilitation of the levee. Justification
for rehabilitation only requires that there is a high probability that the benefits of
rehabilitation the levee exceed the costs. Therefore, only a partial inventory of damages
and damage probabilities is included.
Damages would be expected to begin accumulating with less frequent events; this
analysis will assume at least $100 in damages from a 75 -year or a 1.3% annual
probability event. Based on data from 1998 FEMA Depth Damage Curves, a half of a
foot of water is expected to cause mean damages of $4.2 Million to the commercial
structures and $3.5 Million in content damage for a total of at least $7.7 Million in
expected annual damages from a 100 year event. Using the Corps EAD software program
with data inputs of zero damage at the 75 year event and $7.7 Million at the 100 year
event the EAD is estimated to be approximately $88,000. With repair, the levee
performance will be restored to a level equivalent to a 100 -year level of protection,
therefore annual benefits are estimated to be at least $88,000.
In accordance with ER500 -1 -1, the economic life shall be 50- years, or the degree of
protection afforded by the project, whichever is less. Therefore, the following economic
analysis is based on FY07 discount rate of 4.875 percent with an economic life of 50
years.
April 2007 Prices
Annual Damage Prevented: $ 88,000
First Cost (Total Project Cost): $ 434,500
Annual Cost:
Interest and Amortization (50 years @ 4.875 %) $ 23,300
Operation & Maintenance $ 2,000
Total Annual Costs $ 25,300
Benefit -to -Cost Ratio 3.5 to 1
The following checks were performed:
1. Assessed property improvements protected $14,013,200
Less than Project Cost of $434,500
2. Value of Cropland: Not Applicable
3. Net Farm Income: Not Applicable
Distribution of Project Benefits: There are over 18 property owners or leasers in the
protected area. No individual beneficiary receives greater than 25 percent of the total
project benefits.
13. Environmental
8
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
In the project area, the Cedar River is a confined, single channel, low gradient system.
The left bank is occupied by the Renton Airport, while the right bank contains a city park
and a Boeing manufacturing plant. The thalweg of the river is primarily located adjacent
to the left bank. In this reach, the river is highly modified and provides poor fish and
invertebrate habitat. The river is channelized with armored banks and there is very little
pool habitat. The river at this point primarily functions as a backwater for Lake
Washington during the summer high pool.
According to the Final Environmental Impact Study for the Cedar River 205 Flood
Control Project prepared in August of 1997, there are at least 22 species of fish present in
the Cedar River. In the vicinity of the project site there are sockeye salmon, Chinook
salmon, coho salmon, steelhead trout, rainbow trout, cutthroat trout, mountain whitefish,
northern pikeminnow, peamouth chub, three -spine stickleback, largescale sucker,
longnose dace, brook lamprey, Pacific lamprey, and several species of sculpin. Bull trout
have not been observed in the vicinity of the proposed project, but may occur.
Approximately 80% of the sockeye salmon population of the Lake Washington system
spawns in the Cedar River.
Four species listed as threatened under the Endangered Species Act are likely to occur in
the project area including Bald Eagle, Puget Sound Chinook salmon, Coastal /Puget
Sound bull trout, and Puget Sound Steelhead. In addition, the project area has been
designated as critical habitat for Chinook salmon and bull trout. Potential effects of the
proposed work on threatened or endangered species and designated critical habitat will be
addressed per section 7 of the Endangered Species Act.
a. Water Quality. There will be short-term impacts from the construction of repairs
to the levee. A temporary increase in turbidity due to fill placement is expected.
Dissolved oxygen levels should not be impacted because the material is relatively
clean. Materials for construction will be obtained from an established borrow pit
and rock quarry. No contaminants are known or suspected to be present in the
construction materials. Turbidity will be monitored during construction to ensure
compliance with state water quality standards. If turbidity exceeds water quality
standards, construction will cease until turbidity returns to an acceptable level.
b. Fish and Wildlife. There will be short-term impacts from the construction of the
levee repairs. The primary impact will be a temporary increase in turbidity due to
fill placement. However, this impact will be minimized by using clean fill
material. Because the work will be accomplished during the established work
window (July 1 — August 31), the potential disruption to salmonids in the area
will be minimized. Adult sockeye salmon and Chinook may be entering the river
in late August in preparation for upstream migration to spawning areas. If
present, adult and juvenile salmonids may be temporarily displaced from this area
during the construction activity. However, this portion of the river is mainly used
N
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
as a transportation corridor for anadromous fish; very limited sockeye spawning
occurs in this reach of the river, and fish are not expected to linger in the area.
The terrestrial environment is highly urbanized and provides limited wildlife
habitat. Riparian vegetation in this reach is limited to a few overhanging willows
and invasive species such as knotweed, reed canary grass, Scot's broom, and
Himalayan blackberry. However, there are two known bald eagle nests located
within one mile of the project. It is unlikely that construction activities will have
any impact on eagle activity as the area is heavily urbanized. Noise, activity, and
exhaust levels are generally high and wildlife that utilize the area (including
eagles) are acclimated to these conditions. While it is possible that the presence
and use of heavy construction equipment may temporarily displace some species
at both the borrow pit and construction sites, adverse impacts to wildlife are
expected to be minor.
c. Wetlands. The proposed project is not anticipated to impact wetlands based on a
reconnaissance survey conducted by a Corps wetland biologist. The immediate
area landward of the I -wall at site A is comprised solely of asphalt and other
paved surfaces. The small amount of land that is waterward of the 1 -wall is a
minimum of two feet above the river level during most portions of the year, and
is cut off from adjacent sources of hydrology by the presence of the I -wall.
Therefore, it is highly unlikely that this area contains any wetlands. At site B, the
area immediately landward of the levee is an asphalt road with manicured grass
and impervious surfaces on the other side. The area waterward of the top of the
levee is a relatively steep slope to the water's edge. As at site A, the majority of
the levee is high above the water line, making it unlikely that there are wetlands
present. Therefore, the construction activity is unlikely to have any impact on
wetlands.
Recreation. The presence of the airport restricts the recreational use of the left
bank of the levee, where the repairs are occurring. The right bank levee across
the river from the repair sites is part of a city park, so it is heavily used for
recreation. Construction activities are unlikely to detract from the recreational
appeal of the area as the airport and a Boeing manufacturing facility dominate the
area. Construction activities are unlikely to elevate noise and exhaust levels
above ambient conditions.
e. Cultural Resources. A search of the Department of Archaeology and Historic
Preservation (DAHP) electronic site database did not produce evidence for the
presence of an historic property listed on the National Register of Historic Places
(NRHP) or the Washington State Historic Sites Register at either of the two
Cedar River flood damaged locations. Prior to repairs, a Corps archaeologist will
survey the two damaged areas at low water and determine if there is a potential
for the proposed repairs to cause effects to historic properties. The presence of
10
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
archaeological materials is not anticipated at either of the proposed repair
locations because the immediate area was underwater prior to lowering of the
historic water level of Lake Washington in 1916 when the Mountlake Cut of the
Lake Washington Ship Canal was opened. Excavation for the cut connected Lake
Washington to Puget Sound and lowered the lake's elevation by about 9 feet. If
during the survey it is determined that the repairs to the two damaged areas have
a potential to cause effects, then archaeological monitoring during certain phases
of construction may be necessary. A National Historic Preservation Act Section
106 compliance report that includes both repair locations will be prepared. The
report will include the findings of the investigations for each repair site,
recommendations for archaeological monitoring during construction, if found to
be needed, and a determination of effects to historic properties. If archaeological
monitoring is recommended, the report will include a monitoring plan and
protocols to be followed. The protocols will include an inadvertent discovery
clause that will apply when an archaeological monitor is not present. The Corps'
determinations of effects to historic properties and monitoring plan, if one is
required, must be reviewed and approved by the Washington State Historic
Preservation Officer (SHPO) and the appropriate tribes prior to construction.
f. Coordination. The proposed work is formally coordinated throughout the
planning, design, and construction phases with the following agencies:
(1) U.S. Fish and Wildlife Service
(2) NOAA Fisheries
(3) Muckleshoot Indian Tribe
(4) Washington Department of Fish and Wildlife
(5) Washington Department of Ecology
(6) State Historic Preservation Office
Their recommendations will be considered and implemented as appropriate. The design
will be coordinated with and reviewed by the above listed agencies. In accordance with
ER 200 -2 -2, Procedures for Implementing NEPA, paragraph 8, Emergency Actions, the
environmental effects of the proposed levee rehabilitation will be considered during the
planning process. 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 as pursuant to
requirements in ER 200 -2 -2. In addition, the requirements for compliance with the
Endangered Species Act will also be completed. The local sponsor will be required to
obtain all applicable local and state permits. According to the Code of Federal
Regulations, Title 33, Section 323.4(a)(2), emergency reconstruction of recently damaged
parts of levees does not require a Section 404 permit provided that the work does not
include any modification that changes the character, scope, or size of the original fill
11
• 0
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
design. Concerning scope and size, the proposed repair will not require a Section 404
permit as long as the footprint of the levee repair that falls within waters of the United
States is no larger than the pre- damage footprint. Since a Section 404 permit is not
required, a Section 401 water quality certification from the Washington Department of
Ecology is not required. A Coastal Consistency Determination will be completed prior to
construction. The Corps believes this proposal is exempt from substantial development
permit requirements making it consistent to the maximum extent practical with the
Washington State Shoreline Management Act.
14. Interagency Levee Task Force (ILTF)
HQUSACE has not directed activation of an ILTF for the flood event associated with the
November 2006 floods in Western Washington. However, informal coordination with
FEMA is ongoing.
15. Project Management
a. Funding Authority
(1) Program and Appropriation: FCCE, 960125
(2) Project Funding Class: 310
(3) Project CWIS Number: 094283
b. Project Funds - Project Cost Estimate at April 2007 Price Level
Construction Cost Estimate
Lower Cedar River 205 1-wall - 300 FT + 400 FT LENGTH
assume use excavated material from Site B as pad and then dispose of material. * See assumptions below
Unit
Unit of Cost
Item Quantity Measure Unit Cost OT
Mobilization/ Demobilization 3 LS $ 5,000
300 Excavator, 150 Excavator, 580
case
Class IV Riprap (24" minus) downstream 750 TONS $ 30
Class IV Riprap (24" minus) upstream 3700 TONS $ 30
Remove and Replace Guardrail / fence
Topsoil
Replace Asphalt Road 2x 12x800
Remove Asphalt/Disposal
Excavator Pad
300 Excavator w /Operator & groundsman
(40 hrs OT)
150 Excavator (40 hrs OT)
2 Solo Dump trucks
580 case RT loader
LS $ 2,500
300
CY $ 26
1,600
SQ YD $ 20
1,600
LF $ 6
40
CY $ 20
Amount
$15,000
$22,500
$111,000
2,500
$7,800
$32,000
$9,600
$800
80 R/40 OT HRS
$ 145 $160
$18,000
80 R/40 OT HRS
$ 145 $160
$18,000
80 R/40 OT HRS
$ 125 $140
$31,200
16 HRS
$ 100
$1,600
12
0 •
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Sweeper
12 DAY
$ 500
$6,000
Hydroseed
1 AC
$ 3,000
$3,000
Snowberry
1000 EA
$ 5
$5,000
Soil Disposal
550 CY
$ 10
$5,500
Tree Removal
1 LS
$ 62,000
$62,000
Subtotal
$351.500
Supervision and Inspections
6%
$21,100
Contingency 10% $37,300
Total Construction Cost
Engineering and Design
6%
$409,900
$24,600
Total Project Cost - Fed share 100% $434,500
c. Project Repair Schedule
Expected project approval date
May 4
Complete construction plans and specs
May 30
Contract advertisement
*Jul 1
Contract bid opening
*Jul 9
Contract award
*Jul 16
Notice to proceed issuance
*Jul 23
Construction start
*Jul 30
Construction completion
*Sep 30
Construction final inspection
*Sep 30
Fiscal closeout completed
*Oct 31
*Pending issuance of construction funds
d. Project Authentication
Prepared by: Tim Shaw, (206) 764 -6978
Emergency Management approval by: Paul Komoroske, (206) 764 -3406
District -level approval by: Diane Parks (206) 764 -3431
e. Technical Points of Contact
Emergency Management: Doug Weber, (206) 764 -3406
Economics: Don Bisbee, (206) 764 -3713
Environmental: Nicolle Rutherford, (206) 764 -3626
Cultural resources: Ron Kent, (206) 764 -3576
Engineering and design: Cathie Desjardin, (206) 764 -3542
13
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Program Management: Doug Weber, (206) 764 -3406
Real Estate: Cindy Luciano, (206) 764 -3748
Hydraulics and Hydrology: Patrick Wheeler, (206) 764 -3490
14
• •
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Appendix A: Project Sponsor's request for Rehabilitation Assistance.
CTTY OF RE1\ TO-T
1'fannie.^s��&ii n :Pubii:,tvorks Dcpmlrflent
LGalhy rCwlzer, Mst ,— Cteea Zirmmcrman FXt Admiaistralor
bcr5,7,f m&
tl$ :4 rmy Corps of E.tr4i31ee*r6 SeWe District
Nws norrgenw' Manamcidcnti3rzrch
P B",1755
�catttc, W;a98t2a -zi5i
SLid3JMT, PU4-99 R*4uml fox 3M Udditr RiverFiuod Dump -c Reductiuu Proiret Floodwall
and l eaee triage, ilea €t", WA
Mar Mt, Wooed",
Ua 1av embed' 5 sac! 602Q6, s rskwW avviwt pearl}' equivalem to a
tort -gear, 44jom pmclpiwion emt, ruching in rhedd:.lSSYai= utn Phan, 41=kxrd can th4 Cedar Riser
(lrighcvc river flmd Ph= on &t f`:cadar Rivc: ): t "rig. rltc {'-ertxt Fiver Phajzt 4 flood, rtte [lepton flow
euugt ffwwumd G After the ncod -tax r =dcd the fnllr wlny,,
wreak, damago> OD Uto Ncr t oti 205 Ptesj )oww CrJw ili.er tvvw anJ fiwd wul6 -ba wcea RM (river -
ando) U.OU W 125, were tabarlwutl, of AAlU" -:
1 At RN4 0,47 tut the left bitA (xitpon iii1t). ibc Mod *tell bare and tiva borrow lads bean
nhaertic -A w eaut;c addlbnturtl rrsngim i l hanA cmeirm nntl ri�`c7'tk�trtYm �dtitlri{ag, The rrfi A
flrwd flows 1eavr oaumw'd ibe »ter aw4t dcpsh w more than 3 -fact at the wmt section, eel,
dro hmgth oft mta w battl:' befaty d o wall LU irax (im'd to '180 rant. Mura fluedwdl) drawl
pik::s wr ww expo,"J.w u e ouk talk f xxititsuil wtarat dsipth afltf naffed bink.
1, 'At Rho 0,60 im tlre. left 1w)k(aitpw sllfe), flat prtillective flat bench kxxtion h", par!Wly
e mdorl wid carp+ wd the, hrrae �cf Ae, prim." icax ft,r kppeox lmitmly 2,50 fcct, Tto tm w of ihr
Prism laves bad rntrsl likt:ly been rnnrind 1?y the-ldond fkm—,i
3, All ouit'rrl)s thrD6$b 00 UV,tes ttad Jldrtadwallu (t iaitt die 205 N"t area)' may have teen
dammed by terge dcbiisdurrrtgtlu flood ewnt nc-sa outtitts wN be inspected cmfully
aftee flc,aed maw hnve detyezvod to sutmncr riwr VJW.Cs.
Tl)s City of RtGirtt^ua ie toqucrting Mobiiivicitstt xa istat k eadst i'ubl
• •
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Appendix B: Project location and design data, maps, and related
information
PROJECT: LOWER CEDAR RIVER
SUBJECT: L (ICATION MAP
v
i
i
�1
�I
(iJ
DATE: APR 0 I �
SHT.1 [7F 1
—
PART:
crs
v-
r —r
-
.r _i5 1
+ Z1
•i- — L a
1— L —L -1. 1 1 I I
C.
Q
v
t.%
v
a
i
al
cc
0
r;
16
0
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Site Map, damage and access location.
r
O
n
IVA
kT S
,�-�'x+'"^
`Tf "'�U'
� 4 � L
A
�,�� ��• � �
i, •.
'gM tt ?-�.
{ � '� ; 'gTnS"y.�ns
.iSa' S �� e..; -. Y: $ Lr i: -.39 ,ec �. HL � ' .
r
V'-°
,�-�'x+'"^
`Tf "'�U'
� 4 � L
A
'r. d
E t
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Photo 2 — Toe scour along 400 feet of levee.
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Appendix E: Repair Alternatives
PROJECT: LOWER CEDAR RIVER
SUBJECT: LEVEE CRDSS SECTION
SITE A
W
DATEoMAR 07
N
SHT.2 OF 3
PART: o
0
ry
t
N
v
0
C)
LLJ
u') 'Zl
U� LLJ
V)�--
O I--I
a7- V)
LLJ
W
W
C
U
U
C
t)
m
I
x
N
m
a
m
L
O
i
L
N
Ir
L
O
U
61
G'
&i'
r�
r
20
r
LL
Ln
=
Wd
0JW
Z —C7
n W W
W N cj
W
m Z
2
ti ¢
¢
V O
W
o L=
W
d J O
Li 16
Vt
N�
Lu
f
m
rU17o
JQ
I J=3
Q7d#
J
JD
WQU
-It
¢
QU
KJXO
��
mLn
c�caWr
F oW
_
N
z
.Z.
Aw
Fd V3L
V- u-
a+
� y°0
a: -1 $.t.
U W
000
d d JD
LA d�S
W In
Z
m
fu
� O'7 0-
=
U
°
L`
d
ui � a
in
re»
v
>U-0-0
aO
¢u-�
MOO
r
x
Ln
N
l7
W
C7 J w W
L1
F-- f--
nww
=o
x
W ON
IL
I
I
R�
J
-
�
Q
�
I
r
LL
I 0
°
° Z
Ln
V]
LL "
J
o
W r
x
W
mo
ILU
ro
Ln=
O O
a L>
W
DATEoMAR 07
N
SHT.2 OF 3
PART: o
0
ry
t
N
v
0
C)
LLJ
u') 'Zl
U� LLJ
V)�--
O I--I
a7- V)
LLJ
W
W
C
U
U
C
t)
m
I
x
N
m
a
m
L
O
i
L
N
Ir
L
O
U
61
G'
&i'
r�
r
20
i •
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
PROJECT: LOWER CEDAR RIVER
SUBJECT: LEVEE CROSS SECTION
SITE 8
W
U
LL
Ir � J
J Q Z
Z � �
d w
U O C
a
2 C7
z_
U X
W W X
Z
W
J+ZU
Q W K Z
o"nJ WW
LU
�scW
gZOC �}
�- wa
Jd
L z ¢ O
F-
=W )�
F- n f
t U`C
XMLLJ
WZIX
way
W � d
w �
} a
W
Z W
2� Z-
Y C
N d m in
—oo mN
xf a
WW J
mu
w
W
Qm: w
>.c
O W Q
W J m
Z f
!
- w
w
J = �
ti W
a
O #
1-e3 J
rO Oz •hiJ Ld
= a >r;.
v y J Wd
a0 a
3
• O
F J
LL J
T.
DATE:MAR 07 m
N.
SHT.3 OF 3
PART: Q
0
N
�y \
W l0
clq
.I V
Ld
F—i
O
C-)
W
W v
U
0
Ld a- a
o ¢ O
N a
W r
c
y C-)
cL w
LL1 a W
U W
Ld
c
O
U
U
u
pl
x
N
a�
C0
L
L
0
61
h�9
07
21
O
z z
wW
__ OdCWY
0 w z
W J m
z 2
w
LL
m
00
J
u-
1-0
00
2V
W
+
0u rA
W
}
w
O
J F
z
zz
N4
m
x W
W W
�
}.
0° W
m
LL... E
W z r-
¢o
CL 2 #
r-. O
(4w
X•J•
wIL
Z
W
J+ZU
Q W K Z
o"nJ WW
LU
�scW
gZOC �}
�- wa
Jd
L z ¢ O
F-
=W )�
F- n f
t U`C
XMLLJ
WZIX
way
W � d
w �
} a
W
Z W
2� Z-
Y C
N d m in
—oo mN
xf a
WW J
mu
w
W
Qm: w
>.c
O W Q
W J m
Z f
!
- w
w
J = �
ti W
a
O #
1-e3 J
rO Oz •hiJ Ld
= a >r;.
v y J Wd
a0 a
3
• O
F J
LL J
T.
DATE:MAR 07 m
N.
SHT.3 OF 3
PART: Q
0
N
�y \
W l0
clq
.I V
Ld
F—i
O
C-)
W
W v
U
0
Ld a- a
o ¢ O
N a
W r
c
y C-)
cL w
LL1 a W
U W
Ld
c
O
U
U
u
pl
x
N
a�
C0
L
L
0
61
h�9
07
21
Appendix H:
•
i
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Hydrology and Hydraulics Appendix
Current Level of Protection and Inundation Depths
The current level of protection on the left bank of the lower Cedar River is estimated to be about 70 -year or
about a 0.015 annual chance exceedance protection. This would be considered the zero depth event.
Larger floods (less frequent) would inundate the airport. For the 100 -year or 0.01 annual chance flood, the
depth would be about 0.5 feet.
These estimates are based on the assumption that the damaged levee /floodwall offer no protection beyond
the nominal elevation of the topography behind the wall /levee. No uncertainties have been included in the
estimate. Water surface elevations were estimated from the latest NHC hydraulic model in conjunction with
the Cedar River at Renton Flood Frequency curve provided in the report for the Cedar River 205 project
and the nominal left overbank area elevation estimated from project As- Builts and discussion with Steve
Lee from the City of Renton. They also are based on the level of riverbed aggradation as indicated by NHC
in 2006. The project is designed to allow for the storage of sediment and when this limit is reached the
project no longer provides 100 -year protection. Based on the 2006 study, the limit has not yet been reached.
If no levee /floodwall repair is made it would be reasonable to expect that in the future, based on the above
estimate and assumptions, that inundation depths would go up and effective level of protection for the left
overbank would go down as a result of sediment storage in the channel.
Hydraulics
The hydraulic inputs to levee /floodwall repair are based on the 2006 Northwest Hydraulic Consultants
HEC -RAS hydraulic model. Every year NHC provides the city with a report on the lower Cedar which
serves to monitor the amount of sediment stored in the river and indicate how close the aggraded bed is
getting to the dredge limit. The hydraulic model results show velocities at cross sections in the vicinity of
the damaged locations on the order of 10 to 12 feet per second. The figures below show representative
cross sections in the damage location and the computed water surface elevations using the 0.01 annual
chance exceedence (100 -year) flow of 12,000 cfs. Elevations on these plots are referenced to the
NAVD1988 datum.
Cedar River 2006 Sediment Sureys Plan: CedaF2006Ratirg 10'12/2006
CX 3460
32 �.03- �i'
4 8 Legend
3 5
WS 000
28 a -
z 26 -- Cno
0 24 - .. - _ Lat Stmct
a ... _. -
C3 2 .......:_ .......;... . - ---- - .__. -- Levee
18 .. € .. _ - Bark St.
16
14
1050 1100 1150 1200 1250 1300 1350 1400
Station (ft)
22
i
11
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Cedar River 2006 Sediment Surreys PIan:CedaF2006a2ating 1CV12/2006
CX 2585
.03
Legend
WS 000
26
... ........ ............ .. ._....._ ..... ;
..
.... ___ _______ __ _. ...... _.. ._. ....
Cdt000
24
..... ._._._.._
_
0
0 22
.a
.. _ .... . ; :___.._. _.
..
_. _ __.
Lat StNCt
20
?Tnd
...._......
....
Levee
16
........... ............ . ...____..__ .............__ .....: .............
-
Bank Sta
14
.._......__... _...__ __ ....___._.._ ........... .__ _ .— _.._...__.._.
12
1000 1100 1200 1300 1400 1500
1600
Station ((t)
Revetment Material Sizing
Calculations for replacement material for the damaged area are based on revetment guidance from EM
1110 -2 -1601, specifically equation 3 -3 which computes a D -30 material size based on gradations given in
Table 3 -1 of the EM. The gradation computed using this guidance was compared and converted to the
`Class' rip rap gradation convention and sizing guidance commonly used on Pacific Northwest Rivers.
Conditions are assumed to be the same at both damage locations. The velocity value used is 12 feet per
second based on the 100 -year flow of 12,000 cfs. Hand calculations are provided in this Appendix. The
analysis indicates that Class IV (165 pcf) rip rap should be used with a material thickness of at least 36 ".
Based on cross section surveys, it appears the previous /existing armoring material was placed on a slope of
about 1 V:2.5H. If possible, this slope should be maintained as a steeper slope reduces stability. In addition,
material should be carefully placed to maintain adequate stability.
Toe Scour
The chart in EM 1110 -2 -1601 indicates a scour depth of about 5 feet below the channel bottom at the toe
location. The pier scour equation developed by Liu, et al, 1961 yields about 3 -feet. Based on uncertainties
in this calculation the specified scour depth (referenced from the toe location on the river bed) is 8 -feet or
down to about elevation 6 -feet NAVD88. Revetment toe design needs to account for this depth of scouring.
Toe design needs to not produce a rise in the 100 -year water surface.
Results
Final H &H inputs to revetment design:
Riprap Material
Revetment Minimum Thickness
Toe scour depth to be provided for
References
Class IV
36- inches
8 -feet below nominal bed elevation at toe
"General Guidance for Rip Rap Gradation (Pacific Northwest Rivers)"
Northwest Hydraulic Consultants, 2006, "Cedar River Survey Data 2006" prepared for City of Renton by
Northwest Hydraulic Consultants, Seattle, Washington. HEC -RAS hydraulic model and report of 2006
Cedar River sediment storage condition.
23
•
0
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
U.S. Army Corps of Engineers, 1994, "Engineering and Design - Hydraulic Design of Flood Control
Channels ", EM- 1110 -2 -1601, Department of the Army, Washington D.C.
U.S. Army Corps of Engineers 1998, "Detailed Project Report -Cedar River" U.S. Army Corps of
Engineers - Seattle District, Seattle, Washington
24
• •
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED-1-07
U.S. ARMY CORPS OF ENGINEERS OFFICE SYMBOL
PROJECT DATE:
COVPUTEDBY�
SU13JECT: pj CHECKED BY:
PART,
r
Ap, J'T- - ". I j *t t;! .c r AA C--, - 7-
c tl (A
Lllf-t
6 c e'�
h4' o'l — S 4f, a
0 4
vo
zz'
NPID FORM 7 (REVISED) JUNE 86 8
• 0
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED-1-07
U.S. ARMY CORPS OF ENGINEERS OFFICE SYMBOL:
PROJECT: C . OMPUTEO BY: DATE:
1C, SHT, 2-' OF -7S
SUBJECT: CHECKED BY:
PART:
Al
CV, 6 B"k
77—
ky
—,n rrct.4,y tg-jrknzpn, u mir- Ar.
(bp
4
oll
L
'j,' sc—em.
flit
EJ-
7 -Ate
6f ✓ -S L4 e�,,
A Of
1 s-f/r !T z � 4 40
�a: l
�,d
t
ro e rl 'r4 l!)
cd
Al
CV, 6 B"k
77—
ky
—,n rrct.4,y tg-jrknzpn, u mir- Ar.
oll
L
7 -Ate
rr
�,d
Al
CV, 6 B"k
77—
ky
—,n rrct.4,y tg-jrknzpn, u mir- Ar.
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED- 1 -07
U.S. ARMY CORPS OF ENGINEERS OFFICE SYMBOL:
PROJECT: je-- PT_ /?-,
SUBJECT:
4
fk-
0-q
DATE�
COIVIPU'l ED BY:
a
Q k'^
-� ( -14 L SHT, ,,OF3
CHECKED BY: PART:
c, r c7, t't ff ci n p4
b z ,e
FORM, 7 fRFV Fill 11, JWF Ar,
8 GRID
1 • 0
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED-1-07
EM 1110-2-1601
Change
30 Jun 94
Table 3-1
Gradations for Riprap Placement in the Dry, Low-Turbulence Zones
Limits 0i Stone WejqMt. V, for Percent Lighter
by Weiaht,
D,,,(rr.ax) "DO
50
15
o,,(T,
in, Max
Min
Max2
Min
Max'
Min
it
It
Specific. 155 pcf
9 34
0
7
5
2
137
0.53
12 81
32
24
16
12
5
0.48
070
16 119
63
47
32
23
0
0,61
18 274
110
81
55
41
17
073
21 435
174
129
87
64
27
9.85
',23
24 649
260
192
130
90
41
0.97
1A0
27 924
370
274
185
137
58
1.10
1.59
3111 i,268
507
376
254
18e
79
7,22
1,77
33 1.688
675
500
338
250
105
1.34
1 .S4
36 2.191
877
60
439
325
137
1,46
2,11
42 3,480
1,392
516
217
130
2.4?
48 5,194
2.078
1,539
1,039
*169
325
1,95
2.82
54 7,396
. 2958
2.191
1,479
1,096
462
2.19
S>)ecjfic Aleichtt = 165 pcf
9 36
16
11
7
5
2
0_37
0.53
12 86
35
26
1'7
13
GAG
0.70
15 169
67
50
3,
25
11
061
0.88
18 292
117
86
58
43
18
0.13
1.06
21 463
185
137
93
69
29
0.85
1.23
24 691
2Ai
205
138
132
43
0.97
1,40
27 934
394
292
197
146
62
7,10
1.59
Tj
540
400
270
200
84
1,22
117
3 "s 1.797
719
532
359
266
112
1.34
1.96
36 233!
933
69 1
467
346
146
1-16
2.11
42 3704
1.482
i.098
741
549
2132
1.70)
2-17
48 5,,529
2,212
1.638
1,1013
819
346
1.95
2.82
54 7.813
3,149
2,335
1,575
1,168
492
2.'9
317
Specific'vV6Cht= 175 oef
9 39
15
t t
8
6
2
0.37
0.53
12 92
37
27
18
14
5
048
0.70
15 719
72
53
36
27
11
0.61
0.88
18 309
124
92
62
46
19
0.73
1.06
21. 491
196
146
98
73
31
0.85
1.23
24 733
293
217
147
iog
46
7,97
1.40
27 1,044
41'7
309
209
155
65
1.10
1.59
30 1,432
573
424
286
212
89
1.22
137
In 1,906
762
565
381
282
119
1.34
1.94
36 2,474
990
733
495
367
155
1.6
2 11
42 3,929
1,571
1,164
786
582
24p-
1.70
2A7
43 5,864
2,316
1,738
1,173
869
367
1,95
2.82.
54 8,350
3,340
2.474
1,670
1,237
522
2.19
3 -1?
1. Stone weight i1nif data from ETL 1110-2-120 (I.IQUSACE, 1.971 (14 May). "Additional Guidance for Rioran Channei Protection, Ch I.'
US Govern-men! Prin'inq Office, 'Washington. 0C) Reiationship between diameter and weight is based on the shape of sphere.
2. The maximum limits at the W.,j and VV, Size$ can be increased as in the Lower Mississippi Va!iey Dimikui Standardized Gradations
shovm in Appendix_ F.
3-3
28
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
GENERAL GUIDANCE:
FOR
RIP RAP GRADATION
(PACIFIC NORTHWEST RIVERS)
Class I I.1 111 TV V
Rip Rap
18 �0
24"
30"
36",
48"
Blanket Thickness (measured perpendicular to face of finished blanket)
I 00'/o Smaller than
1.50: (140')
5004 (22 ")
8004 (25 ")
10001i (271t)
1800# (33'9)
50% Size
50# (1.0 ")
200p (.16 ")
3009 (18 ")
400* (20 ")
7504 (25 ")
90`ib Larger then
25- (8 ")
100# (12 ")
1504 (14`')
200# (18 ")
sa0# (19 "1
10%
25 #(8 ")
25 -100#
25 -1509
25 -2.00#
22- 350x!
('8" -12 ")
(8 " -14 ")
(8"_16 ")
(r -l9 ")
Tolerance
i4"
+6"
+8"
+12'
-'16'0
Selection Velocity
10 -1.4
14 -16
17
18
(fps)
;. Assuming i?( = 1.65 lb/ft'
2. Assuming IV:21-1 slope; for slopes up to I V:1.514,. use same class with double the thickness.
3. Assume that the Length /Width ratio of the rock is no greater than 3.
4. ltiprap gradation for use on the outside bank of a bend should be based on a selection
velocity that is twice the average channel velocity.
5. Riprap gradation for use on the banks of a relatively straight reach should be based on a
selection velocity that is 1.5 times the average channel velocity.
6. Riprap gradation for channel bottoms should be based on the average channel velocity.
Example Class 11
90% of stones shall range between 100 and 500 pounds. The 50% size of the gradation shall be
200 pounds. 10% oi'the stones may range between 25 and 100 pounds.
29
0
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
Cedar River at Renton
CED -1 -07
Appendix Z: PIR Review Checklist
30
1
U
0
MODEL PROJECT COOPERATION AGREEMENT
FOR
SECTION 205
STRUCTURAL FLOOD CONTROL PROJECTS
PROJECT COOPERATION AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
41 VI
THE CITY OF RENTON, WASHINGTON
FOR CONSTRUCTION OF THE
CEDAR RIVER FLOOD DAMAGE REDUCTION PROJECT
WHEREAS, the Cedar River Flood Damage Reduction Project at Renton, ..
Washington, (here after the "Project ") was approved for construction by CENWD -ET-
P approval of 3/97 g pursuant to the authority contained in Section 205 of the
Flood Control Act of 1948, as amended, 33 U.S.C. 701s;
WHEREAS, the Government and the Non - Federal Sponsor desire to enter into a
Project Cooperation Agreement for construction of the Project, as defined in Article
I.A. of this Agreement;
WHEREAS, Section 103 (a) of the Water Resources Development Act of 1986,
Public Law 99 -662, as amended, specifies the cost - sharing requirements applicable to
the Project;
WHEREAS, under Section 205 of the Flood Control Act of 1948, as amended,
the Government may expend up to $5,000,000 on a single flood control project;
WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91 -611, as
amended, and Section 103 of the Water Resources Development Act of 1986, Public
Law 99 -662, as amended, provide that the Secretary of the Army shall not commence
construction of any water resources project, or separable element thereof, until each
non - Federal sponsor has entered into a written agreement to furnish its required
cooperation for the project or separable element;
WHEREAS, the Non - Federal Sponsor does not qualify for a reduction of the
maximum Non - Federal cost share pursuant to the guidelines that implement Section
103(m) of the Water Resources Development Act of 1986, Public Law 99 -662, as
amended;
WHEREAS, the Government and Non - Federal Sponsor have the full authority
and capability to perform as hereinafter set forth and intend to cooperate in cost -
sharing and financing of the construction of the Project in accordance with the terms
of this Agreement.
NOW, THEREFORE, the Government and the Non - Federal Sponsor agree as
follows:
ARTICLE I -- DEFINITIONS AND GENERAL PROVISIONS
For purposes of this Agreement:
A. The term "Project" shall mean construction of one and one - quarter miles of .
levees and floodwalls along each bank of the Cedar River, Federal dredging of one and
one - quarter miles off the river during initial construction to a depth of approximately,
four (4) feet, and construction. of a spawing channel as generally described in the
Cedar River, Renton, Washington,. Flood Damage 'Reduction 1 _Study Detailed Protect
Report of January `14, 1998, approved by the Assistant Secretary of the Army, ;(Civil }x
- Works) /; Chief of Engineers on ;February 5, 1998:" F 4r s r
B The`term "total `ro ect costs mean. all costs ineurred b the No'
P J Y...:. w,
Federal Sponsor and the Government in accordance with the terms of thus Agreement
directly related to construction of the Project. Subject to the provisions of this
Agreement, the. term shall include, -but is not necessarily limited to: engineering and
design costs during the preparation of contract plans and specifications; engineering
and design costs during construction; the costs of investigations to identify the
existence and extent of hazardous substances in accordance with Article XV.A. of this
Agreement; costs of historic preservation activities in accordance with Article XVIII.A.
of this Agreement; actual construction costs, including the costs of alteration,
lowering, raising, or replacement and attendant removal of existing railroad bridges
and approaches thereto; supervision and administration costs; costs of participation
in the Project Coordination Team in accordance with Article V of this Agreement; costs
of contract dispute settlements or awards; the value of lands, easements, rights -of-
way, relocations, and suitable borrow and dredged or excavated material disposal
areas for which the Government affords credit in accordance with Article IV of this
Agreement; and costs of audit in accordance with Article X of this Agreement. The
term does not include any costs for operation, maintenance, repair, replacement, or
CED205TCA
3/12/98
7:34 AM
0 i
rehabilitation; any costs due to betterments; or any costs of dispute resolution under
Article VII of this Agreement.
C. The term "financial obligation for construction" shall mean a financial
obligation of the Government, other than an obligation pertaining to the provision of
lands, easements, rights -of -way, relocations, and borrow and dredged or excavated
material disposal areas, that results or would result in a cost that is or would be
included in total project costs.
D. The term "Non- Federal proportionate share" shallmean the ratio of the Non -
Federal Sponsor's total cash contribution required in accordance with Articles II.D.1.
and II.D.3. of this Agreement to total financial obligations for construction, as
projected by the Government.
E. The term "period of construction" shall mean the time from the date the
Government first notifies the Non - Federal Sponsor in writing, in accordance with
Article VI.B. of this Agreement, of the scheduled date for issuance of the solicitation
for the first construction contract to the date that the District Engineer notifies the
Non - Federal Sponsor in writing of the Government's determination that construction
of the Project is complete.
F. The term "highway" shall mean any public highway, roadway, street, or way,
including any bridge thereof.
G. The term "relocation" shall mean providing a functionally equivalent facility
to the owner of an existing utility, cemetery, highway or other public facility, or
railroad (excluding existing railroad bridges and approaches thereto) when such
action is authorized as between the Non - Federal Sponsor and the Facility owner in
accordance: applicable legal principles: of dust compensation . 'Providing.a
functionally equivalent fac�hty`may take the
replacement and attendant removal "of the a
H. The term ':'fiscal year" shall mean "c
Government fiscal year begins on October 1 1
n;of alteration, lowenng,- raising,. or
ed facility or part_thereof
, a
iscal year of the Government The
l ends on September 30;
I. The term "functional portion of the Project" shall mean a portion of the
Project that is suitable for tender to the Non - Federal Sponsor to operate and maintain
in advance of completion of the entire Project. For a portion of the Project to be
suitable for tender, the District Engineer must notify the Non - Federal Sponsor in
writing of the Government's determination that the portion of the Project is complete
and can function independently and for a useful purpose, although the balance of the
Project is not complete.
J. The term "betterment" shall mean a change in the design and construction of
an element of the Project resulting from the application of standards that the
Government determines exceed those that the Government would otherwise apply for
accomplishing the design and construction of that element.
CED205TCA
3/12/98
7:34 AM
ARTICLE II -- OBLIGATIONS OF THE GOVERNMENT AND
THE NON - FEDERAL SPONSOR
A. The Government, subject to the availability of funds and using those funds
and funds provided by the Non - Federal Sponsor, shall expeditiously construct the
Project (including alteration, lowering, raising, or replacement and attendant removal
of existing railroad bridges and approaches thereto), applying those procedures
usually applied to Federal projects, pursuant to Federal laws, regulations, and
policies.
1. The Government shall afford the Non - Federal Sponsor the opportunity to
review and comment on the solicitations for all contracts, including relevant plans
and specifications, prior to the Government's issuance of such solicitations. The
Government shall not issue the solicitation for the first construction contract until the
Non - Federal Sponsor has confirmed in writing its willingness to proceed with the
Project. To the extent possible, the Government shall afford the Non - Federal Sponsor
the opportunity to review and comment on all contract modifications, including
change orders, prior to the issuance to the contractor of a Notice to Proceed. In any
instance where providing the Non - Federal Sponsor with notification of a contract
modification or change order is not possible prior to issuance of the Notice to Proceed,
the Government shall provide such notification in writing at the earliest date possible.
To the extent possible, the Government also shall afford the Non - Federal Sponsor the
opportunity to review and comment on all contract claims prior to resolution thereof.
The Government shall consider in good faith the comments of the Non - Federal
Sponsor, but the contents of solicitations, award of contracts, execution of contract
modifications, issuance of change orders, resolution of contract claims, and
performance of all work on the Project (whether the work is performed under contract
or by Government personnel), shall be exclusively within the control of the
Government.
2 Throughout the peraod of construction, the Distract Engineer shall F
rnish-the Non - Federal Sponsor,with a copy of the Government s Wntten'Notice of
fu
Acceptance of Completed.Work for each contract: for the Project.
Y
B. The Non - Federal Sponsor may request the Government to accomplish
betterments. Such requests shall be in writing and shall describe the betterments
requested to be accomplished. If the Government in its sole discretion elects to
accomplish the requested betterments or any portion thereof, it shall so notify the
Non - Federal Sponsor in a writing that sets forth any applicable terms and conditions,
which must be consistent with this Agreement. In the event of conflict between such
a writing and this Agreement, this Agreement shall control. The Non - Federal Sponsor
shall be solely responsible for all costs due to the requested betterments and shall pay
all such costs in accordance with Article VI.C. of this Agreement.
C. When the District Engineer determines that the entire Project is complete or
that a portion of the Project has become a functional portion of the Project, the
District Engineer shall so notify the Non - Federal Sponsor in writing and furnish the
Non - Federal Sponsor with an Operation, Maintenance, Repair, Replacement, and
Rehabilitation Manual (hereinafter the "OMRR &R Manual ") and with copies of all of
4
CED205. PCA
3/12/98
7:34 AM
the Government's Written Notices of Acceptance of Completed Work for all contracts
for the Project or the functional portion of the Project that have not been provided
previously. Upon such notification, the Non - Federal Sponsor shall operate, maintain,
repair, replace, and rehabilitate the entire Project or the functional portion of the
Project in accordance with Article VIII of this Agreement.
D. The Non - Federal Sponsor shall contribute a minimum of 35 percent, but not
to exceed 50 percent, of total project costs in accordance with the provisions of this
paragraph.
1. The Non - Federal Sponsor shall provide a cash contribution equal to 5
percent of total project costs in accordance with Article VI.B. of this Agreement.
2. In accordance with Article III of this Agreement, the Non - Federal
Sponsor shall provide all lands, easements, rights -of -way, and suitable borrow and
dredged or excavated material disposal areas that the Government determines the
Non - Federal Sponsor must provide for the construction, operation, and maintenance
of the Project, and shall perform or ensure performance of all relocations that the
Government determines to be necessary for the construction, operation, and
maintenance of the Project.
3. If the Government projects that the value of the Non - Federal Sponsor's
contributions under paragraphs D.1. and D.2. of this Article and Articles V, X, and
XV.A. of this Agreement will be less than 35 percent of total project costs, the Non -
Federal Sponsor shall provide an additional cash contribution, in accordance with
Article VI.B. of this Agreement, in the amount necessary to make the Non - Federal
Sponsor's total contribution equal to 35 percent of total project costs.
4. If the Government determines that the value of the Non - Federal
Sponsor's contributions provided under paragraphs D.2. and D.3. of this Article and
Articles V, X, and XV.A. of this. Agreement has exceeded 45 percent of total project
costs, the Government, subject to the availability of funds, shall reimburse the Non -
Federal Sponsor. for any such value in excess of 45 percent of total project costs. Y
After such a determination, the Government, in its sole discretion, may provide any
remaining Project lands, easements, rights -of -way, and suitable borrow and dredged
or excavated material disposal areas and perform any remaining Project relocations
on behalf of the Non - Federal Sponsor.
E. The Non - Federal Sponsor may request the Government to provide lands,
easements, rights -of -way, and suitable borrow and dredged or excavated material
disposal areas or perform relocations on behalf of the Non - Federal Sponsor. Such
requests shall be in writing and shall describe the services requested to be performed.
If in its sole discretion the Government elects to perform the requested services or any
portion thereof, it shall so notify the Non - Federal Sponsor in a writing that sets forth
any applicable terms and conditions, which must be consistent with this Agreement.
In the event of conflict between such a writing and this Agreement, this Agreement
shall control. The Non - Federal Sponsor shall be solely responsible for all costs of the
requested services and shall pay all such costs in accordance with Article VI.C. of this
Agreement. Notwithstanding the provision of lands, easements, rights -of -way, and
CED205TCA
3/12/98
7:34 AM
suitable borrow and dredged or excavated material disposal areas or performance of
relocations by the Government, the Non - Federal Sponsor shall be responsible, as
between the Government and the Non - Federal Sponsor, for the costs of cleanup and
response in accordance with Article XV.C. of this Agreement.
. F. The Government shall perform a final accounting in accordance with Article
VI.D. of this Agreement to determine the contributions provided by the Non - Federal
Sponsor in accordance with paragraphs B., D., and E. of this Article and Articles V, X,
and XV.A. of this Agreement and to determine whether the Non - Federal Sponsor has
met its obligations under paragraphs B., D., and E. of this,. Article.
G. The Non - Federal Sponsor shall not use Federal funds to meet the Non -
Federal Sponsor's share of total project costs under this Agreement unless the Federal
granting agency verges in writing that the expenditure of such funds is expressly
authorized by statute.
H. In the exercise of their respective rights and obligations under this
Agreement, the Non - Federal Sponsor and the Government agree 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, as well as
Army Regulations 600 -7, entitled "Nondiscrimination on the Basis of Handicap in
Programs and Activities Assisted or Conducted by the Department of the Army, and
Section 402 of the Water Resources Development Act of 1986, as amended (33 U. S.
C. 70 lb- 12), requiring non - Federal preparation and implementation of flood plain
management plans.
I. Not,less than once each year the Non - Federal Sponsor shall infor
interests of the extent`of protection afforded by the Project
J.: The Non Federal :Sponsor shall publicize flood °plain uzfor 1 6
#�
concerned and s hall; pr
concerned _information to zor ing and otherJregula a,,
for their use preventing unwise future development`in`the'flood plarn;at
mi
adopting such regulations as may be necessary to prevent unwise future c
and to ensure compatibility with protection levels provided by the Project.`
K. The Non- Federal Sponsor shall ensure that the modification to the south
Boeing Bridge described in paragraph 4.06 of the DPR is provided, operated,
maintained, repaired, replaced, and rehabilitated at no Federal expense, in a manner
compatible with the project's authorized purposes and in accordance with applicable
Federal and State laws and regulations and any specific directions prescribed by the
Federal Government.
ARTICLE III -- LANDS, RELOCATIONS, DISPOSAL AREAS, AND
PUBLIC LAW 91 -646 COMPLIANCE
A. The Government, after consultation with the Non - Federal Sponsor, shall
determine the lands, easements, and rights -of -way required for the construction,
operation, and maintenance of the Project, including those required for relocations,
CED205TCA
3/12/98
7:34 AM
borrow materials, and dredged or excavated material disposal. The Government in a
timely manner shall provide the Non - Federal Sponsor with general written
descriptions, including maps as appropriate, of the lands, easements, and rights-of-
way that the Government determines the Non - Federal Sponsor must provide, in detail
sufficient to enable the Non - Federal Sponsor to fulfill its- obligations under this
paragraph, and shall provide the Non - Federal Sponsor with a written notice to
proceed with acquisition of such lands, easements, and rights -of -way. Prior to the
end of the period of construction, the Non - Federal Sponsor shall acquire all lands,
easements, and rights -of -way set forth in such descriptions. Furthermore, prior to
issuance bf the solicitation for each Government construction contract, the Non -
Federal Sponsor shall provide the Government with authorization for entry to all
lands, easements, and rights -of -way the Government determines the Non - Federal
Sponsor must provide for that contract. For so long as the Project remains
authorized, the Non - Federal Sponsor shall ensure that lands, easements, and rights -
of -way that the Government determines to be required for the operation and
maintenance of the Project and that were provided by the Non - Federal Sponsor are
retained in public ownership for uses compatible with the authorized purposes of the
Project.
B. The Government, after consultation with the Non - Federal Sponsor, shall
determine the improvements required on lands, easements, and rights -of -way to
enable the proper disposal of dredged or excavated material associated with the
construction, operation, and maintenance of the Project. Such improvements may
include, but are not necessarily limited to, retaining dikes, wasteweirs, bulkheads,
embankments, monitoring features, stilling basins, and de- watering pumps and
pipes. The Government in,a timely manner shall provide the Non - Federal Sponsor
with general written descriptions of such improvements in detail sufficient to enable
the Non - Federal Sponsor to fulfill its obligations under this paragraph, and shall
provide. the Non Federal Sponsor with a written notice to proceed with construction of
, -' r• �..::..r: "� r .-_.. :..:. ...., mot_ _,zwr--- r._�_�_t--
Sponsor shall provdeall improvements set:forth in such descriptions Ftiirthermore,
prior to issuance 'of the sohcrtatori for each Government construction contract, the
Non: Federal Sponsor shall prepare plans and '`specincations`for all improvements the
Government determines to be required for the proper disposal of dredged or excavated
material under that contract, submit such plans and specifications to the Government
for approval, and provide such improvements in accordance with the approved plans
and specifications.
C. The Government, after consultation with the Non - Federal Sponsor, shall
determine the relocations necessary for the construction, operation, and maintenance
of the Project, including those necessary to enable the removal of borrow materials
and the proper disposal of dredged or excavated material. The Government in a timely
manner shall provide the Non - Federal Sponsor with general written descriptions,
including maps as appropriate, of such relocations in detail sufficient to enable the
Non - Federal Sponsor to fulfill its obligations under this paragraph, and shall provide
the Non - Federal Sponsor with a written notice to proceed with such relocations. Prior
to the end of the period of construction, the Non - Federal Sponsor shall perform or
ensure the performance of all relocations as set forth in such descriptions.
CED205YCA
3/12/98
7:34 AM
• i
Furthermore, prior to issuance of the solicitation for each Government construction
contract, the Non - Federal Sponsor shall prepare -or ensure the preparation of plans
and specifications for, and perform or ensure the performance of, all relocations the
Government determines to be necessary for that contract.
D. The Non - Federal Sponsor in a timely manner shall provide the Government
with such documents as are sufficient to enable the Government to determine the
value of any contribution provided pursuant to paragraph A., B., or C. of this Article.
Upon receipt of such documents the Government, in accordance with Article IV of this
Agreement and in a timely manner, shall determine the value of such contribution,
include such value in total project costs, and afford credit for such value toward the
Non - Federal Sponsor's share of total project costs.
E. The Non - Federal Sponsor shall comply with the applicable provisions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
Public Law 91 -646, as amended by Title IV of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100 -17), and the Uniform Regulations
contained in 49 C.F.R. Part 24, in acquiring lands, easements, and rights -of -way
required for the construction, operation, and maintenance of the Project, including
those necessary for relocations, borrow materials, and dredged or excavated material
disposal, and shall inform all affected persons of applicable benefits, policies, and
procedures in connection with said Act.
ARTICLE IV -- CREDIT FOR VALUE OF LANDS, RELOCATIONS,
AND DISPOSAL AREAS
A. The Non - Federal Sponsor shall receive credit toward its share of total project
costs for the value of the lands easements, rights-of-way,. and suitable borrow and
dredged, or, excavated material disposal areas that the Non- Federal Sponsor must ...
provide` pursuant to Article III of this Agreement, and for the value `of the relocations
that the Non-Federal Sponsor must perform or for which i must ensure performance
pursuant to Article 111 of:ttus "Agreement .However, the'Non- Federal Sponsor shall`- -not -
receive credit for the value of anylarids, easements, rights -of- -way, relocations; or ,
borrow and dredged or excavated material' disposal areas that have been provided
previously as an item of cooperation for another Federal project. The Non - Federal
Sponsor also shall not receive credit for the value of lands, easements, rights -of -way,
relocations, or borrow and dredged or excavated material disposal areas to the extent
that such items are provided using Federal funds unless the Federal granting agency
verifies in writing that such credit is expressly authorized by statute.
B. For the sole purpose of affording credit in accordance with this Agreement,
the value of lands, easements, and rights -of -way, including those necessary for
relocations, borrow materials, and dredged or excavated material disposal, shall be
CED205. PCA
3/12/98
7:34 AM
the fair market value of the real property interests, plus certain incidental costs of
acquiring those interests, as determined in accordance with the provisions of this
paragraph. _
1. Date of Valuation. The fair market value of lands, easements, or rights -
of -way owned by the Non - Federal Sponsor on the effective date of this Agreement
shall be the fair market value of such real property interests as of the date the Non -
Federal Sponsor provides the Government with authorization for entry thereto. The
fair market value of lands, easements, or rights -of -way acquired by the Non - Federal
Sponsor after the effective date of this Agreement shall be .the fair market value of
such real property interests at the time the interests are acquired.
2. General Valuation Procedure. Except as provided in paragraph B.3. of
this Article, the fair market value of lands, easements, or rights -of -way shall be
determined in accordance with paragraph B.2.a. of this Article, unless thereafter a
different amount is determined to represent fair market value in accordance with
paragraph B.2.b. of this Article.
a. The Non - Federal Sponsor shall obtain, for each real property interest,
an appraisal that is prepared by a qualified appraiser who is acceptable to the Non -
Federal Sponsor and the Government. The appraisal must be prepared in accordance
with the applicable rules of just compensation, as specified by the Government. The
fair market value shall be the amount set forth in the Non - Federal Sponsor's
appraisal, if such appraisal is approved by the Government. In the event the
Government does not approve the Non - Federal Sponsor'. s appraisal, the Non - Federal
Sponsor may obtain a second appraisal, and the fair market value shall be the
amount set forth in the Non - Federal Sponsor's second appraisal, if such appraisal is
approved by the Government. In the event the Government does.not approve the
Non - Federal Sponsor's second appraisal, or the Non - Federal Sponsor chooses not to
obtain a 'second appraisal, the Goverrment =shall obtau an appraisal, and the fair
mar ketyalue shall be the amount set`forth in the Governmer tisrappraisal, if such
appraisal is approved by the Non Federal;Sponsor. Iri the event 'the N8' n= Federal
Sponsor 'does not. approve the. Government's appraisal, the Government, after
consultation with the Non- Federal Sponsor, shall consider the Government's and the
Non- Federal Sponsor's appraisals and determine an amount based thereon, which
shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non - Federal
Sponsor for the real property interest exceeds the amount determined pursuant to
paragraph B.2.a. of this Article, the Government, at the request of the Non - Federal
Sponsor, shall consider all factors relevant to determining fair market value and, in its
sole discretion, after consultation with the Non - Federal Sponsor, may approve in
writing an amount greater than the amount determined pursuant to paragraph B.2.a.
of this Article, but not to exceed the amount actually paid or proposed to be paid. If
the Government approves such an amount, the fair market value shall be the lesser of
the approved amount or the amount paid by the Non - Federal Sponsor, but no less
than the amount determined pursuant to paragraph B.2.a. of this Article.
9
CED205TCA
3/12/98
T34 AM
3. Eminent Domain Valuation Procedure. For lands, easements, or rights -
of -way acquired by eminent domain proceedings instituted after the effective date of
this Agreement, the Non - Federal Sponsor shall, prior to instituting such proceedings,
submit to the Government notification in writing of its intent to institute such
proceedings and an appraisal of the specific real property interests to be acquired in
such proceedings. The Government shall have 60 days after receipt of such a notice
and appraisal within which to review the appraisal, if not previously approved by the
Government in writing.
a. If the Government previously has approved the appraisal in writing,
or if the Government provides written approval of, or takes no action on, the appraisal
within such 60 -day period, the Non - Federal Sponsor shall use the amount set forth in
such appraisal as the estimate of just compensation for the purpose of instituting the
eminent domain proceeding.
. b. If the Government provides written disapproval of the appraisal,
including the reasons for disapproval, within such 60 -day period, the Government
and the Non - Federal Sponsor shall consult in good faith to promptly resolve the
issues or areas of disagreement that are identified in the Government's written
disapproval. If, after such good faith consultation, the Government and the Non -
Federal Sponsor agree as to an appropriate amount, then the Non - Federal Sponsor
shall use that amount as the estimate of just compensation for the purpose of
instituting the eminent domain proceeding. If, after such good faith consultation, the
Government and the Non - Federal Sponsor cannot agree as to an appropriate amount,
then the Non - Federal Sponsor may use the amount set forth in its appraisal as the
estimate of just compensation for the purpose of instituting the eminent domain
proceeding.
c. For lands, easements, or rights -of -way acquired by eminent domain
proceedings instituted in accordance .with `sub paragraph B 3 of this Article, fair
market value ;shall_be either the amount of the court award for the, =real property
k ,3kp
interests taken, to the extent the.Government determin.6 such interests arp requirel d
for the construction, operation and maintenance of the Project, or the amount of any,
stipulated settlement or portion thereof that the Government approves, in writing.
4. Incidental Costs. For lands, easements, or rights -of -way acquired by the
Non - Federal Sponsor within a five -year period preceding the effective date of this
Agreement, or at any time after the effective date of this Agreement, the value of the
interest shall include the documented incidental costs of acquiring the interest, as
determined by the Government, subject to an audit in accordance with Article X.C. of
this Agreement to determine reasonableness, allocability, and allowability of costs.
Such incidental costs shall include, but not necessarily be limited to, closing and title
costs, appraisal costs, survey costs, attorney's fees, plat maps, and mapping costs, as
well as the actual amounts expended for payment of any Public Law 91 -646 relocation
assistance benefits provided in accordance with Article III.E. of this Agreement.
C. After consultation with the Non - Federal Sponsor, the Government shall
determine the value of relocations in accordance with the provisions of this
paragraph.
10
CED205TCA
3/12/98
7:34 AM
1. For a relocation other than a highway, the value shall be only that
portion of relocation costs that the Government determines is necessary to provide a
functionally equivalent facility, reduced by depreciation, as applicable, and by the _
salvage value of any removed items.
2. For a relocation of a highway, the value shall be only that portion of
relocation costs that would be necessary to accomplish the relocation in accordance
with the design standard that the State of Washington would apply under similar
conditions of geography and traffic load, reduced by the salvage value of any removed
items.
3. Relocation costs shall include, but not necessarily be limited to, actual
costs of performing the relocation; planning, engineering and design costs;
supervision and administration costs; and documented incidental costs associated
with performance of the relocation, but shall not include any costs due to
betterments, as determined by the Government, nor any additional cost of using new
material when suitable used material is available. Relocation costs shall be subject to
an audit in accordance with Article X.C. of this Agreement to determine
reasonableness, allocability, and allowability of costs.
B. The Government's Project Manager and the Non - Federal Sponsor's
counterpart shall keep the Project Coordination Team informed of the progress of
construction and of significant pending issues and actions, and shall seek the views
of the Project Coordination Team on matters that the Project Coordination Team
generally oversees.
C. Until the end of the period of construction, the Project Coordination Team
shall generally oversee the Project, including issues related to design; plans and
specifications; scheduling; real property and relocation requirements; real property
acquisition; contract awards and modifications; contract costs; the Government's cost
I1
CED205TCA
3/12/98
7:34 AM
projections; final inspection of the entire Project or functional portions of the Project;
preparation of the proposed OMRR &R Manual; anticipated requirements and needed
capabilities for performance of operation, maintenance, repair, replacement, and _
rehabilitation of the Project; and other related matters.
D. The Project Coordination Team may make recommendations that it deems
warranted to the District Engineer on matters that the Project Coordination Team
generally oversees, including suggestions to avoid potential sources of dispute. The
Government in good faith shall consider the recommendations of the Project
Coordination Team. The Government, having the legal authority and responsibility
for construction of the Project, has the discretion to accept, reject, or modify the
Project Coordination Team's recommendations.
E. The costs of participation in the Project Coordination Team shall be included
in total project costs and cost shared in accordance with the provisions of this
Agreement.
ARTICLE VI -- METHOD OF PAYMENT
A. The Government shall maintain current records of contributions provided by
the parties and current projections of total project costs and costs due to betterments.
At least quarterly, the Government shall provide the Non- Federal Sponsor with a
report setting forth all contributions provided to date and the current projections of
total project costs, of total costs due to betterments, of the components of total project
costs, of each parry's share of total project costs, of the Non - Federal Sponsor's total
cash contributions required in accordance with Articles II.B., II.D., and II.E. of this
Agreement, and of the non - Federal proportionate share.. On the effective date of this
Agreement, total project costs. are projected to be $6,648,000, and the. Non - Federal
Sponsor's cash contribution required under Article ILD of this Agreement is`projected
to be $2,327,000 Such amounts are estimates subject to adjustment by the
Government and are not to be.` construed as the total financial responsibhixes -of the
Government and the. Non = Federal Sponsor: `r
B. The Non Federal Sponsor shall provide the cash contribution required under
Articles II.D.1. and II.D.3. of this Agreement in accordance with the following
provisions: Not less than 30 calendar days prior to the scheduled date for issuance of
the solicitation for the first construction contract, the Government shall notify the
Non- Federal Sponsor in writing of such scheduled date and the funds the
Government determines to be required from the Non - Federal Sponsor to meet its
projected cash contribution under Articles II.D.1. and II.D.3. of this Agreement. Not
later than such scheduled date, the Non - Federal Sponsor shall provide the
Government with the full amount of the required funds by delivering a check payable
to "FAO, USAED, Portland (Seattle)" to the District Engineer. The Government shall
draw from the funds provided by the Non - Federal Sponsor such sums as the
Government deems necessary to cover: (a) the non - Federal proportionate share of
financial obligations for construction incurred prior to the commencement of the
period of construction; and (b) the non - Federal proportionate share of financial
obligations for construction as they are incurred during the period of construction. In
the event the Government determines that the Non - Federal Sponsor must provide
12
CED205TCA
3/12/98
7:34 AM
•
additional funds to meet the Non - Federal Sponsor's cash contribution, the
Government shall notify the Non - Federal Sponsor in writing of the additional funds
required. Within 60 calendar days thereafter, the Non - Federal Sponsor shall provide
the Government with a check for the full amount of the additional required funds.
C. In advance of the Government incurring any financial obligation associated
with additional work under Article II.B. or II.E. of this Agreement, the Non - Federal
Sponsor shall provide the Government with the full amount of the funds required to
pay for such additional work by delivering a check payable to "FAO, USAED, Portland
(Seattle)" to the District Engineer. The Government shall draw from the funds
provided by the Non - Federal Sponsor such sums as the Government deems necessary
to cover the Government's financial obligations for such additional work as they are
incurred. In the event the Government determines that the Non - Federal Sponsor
must provide additional funds to meet its cash contribution, the Government shall
notify the Non - Federal Sponsor in writing of the additional funds required. Within 30
calendar days thereafter, the Non - Federal Sponsor shall provide the Government with
a check for the full amount of the additional required funds.
D. Upon completion of the Project or termination of this Agreement, and upon
resolution of all relevant claims and appeals, the Government shall conduct a final
accounting and furnish the Non - Federal Sponsor with the results of the final
accounting. The final accounting shall determine total project costs, each party's
contribution provided thereto, and each party's required share thereof. The final
accounting also shall determine costs due to betterments and the Non - Federal
Sponsor's cash contribution provided pursuant to Article II.B. of this Agreement.
1. In the event the final accounting shows that the total contribution
provided by the Non - Federal Sponsor is less than its required share of total project
costs plus costs due. to any betterments provided.in accordance with Article II.B. of
this Agreement, the Non - Federal 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 Non - Federal Sponsor's require d'share of total project cos ts;plus
costs due to any betterments provided in accordance with Article H.B. of this
Y'
Agreement.
2. In the event the final accounting shows that the total contribution
provided by the Non - Federal Sponsor exceeds its required share of total project costs
plus costs due to any betterments provided in accordance with Article II.B. of this
Agreement,. the Government shall, subject to the availability of funds, refund the
excess to the Non - Federal Sponsor no later than 90 calendar days after the final
accounting is complete; however, the Non - Federal Sponsor shall not be entitled to any
refund of the 5 percent cash contribution required pursuant to Article II.D.1. of this
Agreement. In the event existing funds are not available to refund the excess to the
Non - Federal Sponsor, the Government shall seek such appropriations as are
necessary to make the refund.
13
CED205TCA
3/12/98
7:34 AM
•
ARTICLE VII -- DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of the
purported breach and seek in good faith to resolve the dispute through negotiation. If
the parties cannot resolve the dispute through negotiation, they may agree to a
mutually acceptable method of non - binding alternative dispute resolution with a
qualified third party acceptable to both parties. The parties shall each pay 50 percent
of any costs for the services provided by such a third party as such costs are incurred.
The existence of a dispute shall not excuse the parties from performance pursuant to
this Agreement.
ARTICLE VIII -- OPERATION, MAINTENANCE, REPAIR, REPLACEMENT,
AND REHABILITATION (OMRR&R)
A. Upon notification in accordance with Article II.C. of this Agreement and for
so long as the Project remains authorized, the Non - Federal Sponsor shall operate,
maintain, repair, replace, and rehabilitate the entire Project or the functional portion
of the Project, at no cost to the Government, in a manner compatible with the
Project's authorized purposes and in accordance with applicable Federal and State
laws as provided in Article XI of this Agreement and specific directions prescribed by
the Government in the OMRR &R Manual and any subsequent amendments thereto.
B. The Non - Federal Sponsor hereby gives the Government a right to enter, at
reasonable times and in a reasonable manner, upon property that the Non - Federal
Sponsor owns or controls for access to the Project for the purpose of inspection and, if
necessary, for the purpose of completing, operating, maintaining, repairing,,replacing,
or rehabilitating the Project. If. an inspection shows that the. Non-Federal. Sponsor for
any reason is failing to perform its obligations under this Agreement, the Government
shall send a written notice describing the non- performance to the Non. Federal
Sponsor. If, after 30 calendar days from receipt of notice, the Non- Federal`Sponsor. Y
continues to fail to perform; then the Government shall have the right to enter, at
reasonable times and in a reasonable manner, upon property that the Non - Federal
Sponsor owns or controls for access to the Project for the purpose of completing,
operating, maintaining, repairing, replacing, or rehabilitating the Project. No
completion, operation, maintenance, repair, replacement, or rehabilitation by the
Government shall operate to relieve the Non - Federal Sponsor of responsibility to meet
the Non - Federal Sponsor's obligations as set forth in this Agreement, or to preclude
the Government from pursuing any other remedy at law or equity to ensure faithful
performance pursuant to this Agreement.
ARTICLE IX -- INDEMNIFICATION
The Non - Federal Sponsor shall hold and save the Government free from all
damages arising from the construction, operation, maintenance, repair, replacement,
and rehabilitation of the Project and any Project- related betterments, except for
damages due to the fault or negligence of the Government or its contractors.
14
CED205TCA
3/12/98
7:34 AM
ARTICLE X -- MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the effective date of this Agreement, the
Government and the Non - Federal Sponsor shall develop procedures for keeping
books, records, documents, and other evidence pertaining to costs and expenses
incurred pursuant to this Agreement. These procedures shall incorporate, and apply
as appropriate, the standards for financial management systems set forth in the
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non -
Federal Sponsor shall maintain such books, records, documents, and other evidence
in accordance with these procedures and for a minimum of three years after the
period of construction and resolution of all relevant claims arising therefrom. To the
extent permitted under applicable Federal laws and regulations, the Government and
the Non - Federal Sponsor shall each allow the other to inspect such books,
documents, records, and other evidence.
B. Pursuant to 32 C.F.R. Section 33.26, the Non - Federal Sponsor is responsible
for complying with the Single Audit Act of 1984, 31 U.S.C. Sections 7501 -7507, as
implemented by Office of Management and Budget (OMB) Circular No. A -133 and
Department of Defense Directive 7600.10. Upon request of the Non - Federal Sponsor
and to the extent permitted under applicable Federal laws and regulations, the
Government shall provide to the Non - Federal Sponsor and independent auditors any
information necessary to enable an audit of the Non - Federal Sponsor's activities
under this Agreement. The costs of any non - Federal audits performed in accordance
with this paragraph shall be allocated in accordance with the provisions of OMB
Circulars A -87 and A -133, and such costs as are allocated to the Project shall be
included in total project costs and cost shared in accordance with the provisions of
this Agreement.
C. In accordance with 31 U.S.C. Section 7503, the Government may conduct
audits in addition to any audit that the Non - Federal Sponsor is required to conduct
under the Single Audit Act. Any such Government audits shall be conducted in
accordance with Government Auditing Standards and the cost principles in OMB
y.
Circular No. A -87 and other applicable cost principles and regulations. The costs of
Government audits performed in accordance with this paragraph shall be included in
total project costs and cost shared in accordance with the provisions of this
agreement.
ARTICLE XI -- FEDERAL AND STATE LAWS
In the exercise of their respective rights and obligations under this Agreement,
the Non - Federal Sponsor and the Government agree 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, as well as Army Regulations 600-
7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities
Assisted or Conducted by the Department of the Army ".
15
CED205. PCA
3/12/98
7:34 AM
ARTICLE XII -- RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this
Agreement, the Government and the Non - Federal Sponsor each act in an independent
capacity, and neither is to be considered the officer, agent, or employee of the other.
B. In the exercise of its rights and obligations under this Agreement, neither
party shall provide, without the consent of the other party.; any contractor with a
release that waives or purports to waive any rights such other party may have to seek
relief or redress against such contractor either pursuant to any cause of action that
such other party may have or for violation of any law.
ARTICLE XIII -- OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, nor any resident commissioner, shall
be admitted to any share or part of this Agreement, or to any benefit that may arise
therefrom.
ARTICLE XIV -- TERMINATION OR SUSPENSION
A. If at any time the Non - Federal Sponsor fails to fulfill its obligations under
Article II.B., II.D., II.E., VI, or XVIII.C. of this Agreement, the Government shall
terminate this Agreement or suspend future performance under this Agreement
unless the Assistant Secretary of the Army (Civil Works) determines that continuation
of work on the Project 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 the
Project.
B. If the Government fails to receive annual appropriations in amounts
sufficient to meet Project expenditures for the then- current or upcommg;_fiscal..rw
the Government shall so notify the Non - Federal Sponsor,in writing, and =60 calendar
days thereafter either party may elect without penalty to terminate this Agreement or
to suspend future performance under this Agreement. In the event that either party
elects to suspend future performance under this Agreement pursuant to this
paragraph, such suspension shall remain in effect until such time as the Government
receives sufficient appropriations or until either the Government or the Non - Federal
Sponsor elects to terminate this Agreement.
C. In the event that either party elects to terminate this Agreement pursuant to
this Article or Article XV of this Agreement, both parties shall conclude their activities
relating to the Project and proceed to a final accounting in accordance with Article
VI.D. of this Agreement.
D. Any termination of this Agreement or suspension of future performance
under this Agreement in accordance with this Article or Article XV of this Agreement
shall not relieve the parties of liability for any obligation previously incurred. Any
delinquent payment shall be charged interest at a rate, to be determined by the
16
CED205.PCA
3/12/98
7:34 AM
Secretary of the Treasury, equal to 150 per centum of the average bond equivalent
rate of the 13 -week Treasury bills auctioned immediately prior to the date on which
such payment became delinquent, or auctioned immediately prior to the beginning-of
each additional 3 -month period if the period of delinquency exceeds 3 months.
ARTICLE XV -- HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon direction by the District
Engineer, the Non - Federal Sponsor shall perform, or cause to be performed, any
investigations for hazardous substances that the Government or the Non - Federal
Sponsor determines to be necessary to identify the existence and extent of any
hazardous substances regulated under the Comprehensive Environmental Response,
Compensation, and Liability Act (hereinafter "CERCLA "), 42 U.S.C. Sections 9601-
9675, that may exist in, on, or under lands, easements, and rights -of -way that the
Government determines, pursuant to Article III of this Agreement, to be required for
the construction, operation, and maintenance of the Project. However, for lands that
the Government determines to be subject to the navigation servitude, only the
Government shall perform such investigations unless the District Engineer provides
the Non - Federal Sponsor with prior specific written direction, in which case the Non -
Federal Sponsor shall perform such investigations in accordance with such written
direction. All actual costs incurred by the Non - Federal Sponsor for such
investigations for hazardous substances shall be included in total project costs and
cost shared in accordance with the provisions of this Agreement, subject to an audit
in accordance with Article X.C. of this Agreement to determine reasonableness,
allocability, and allowability of costs.
B. In the event it is discovered through any investigation for hazardous
substances or other means that hazardous substances regulated under CERCLA exist
in, on, or under any lands, easements, or rights -of -way that the Government
determines, pursuant to Article III of this Agreement, to be required for the
construction, operation, and maintenance of the Project, the Non- Federal Sponsor
and the Government shall provide prompt written notice to each other, and the Non-
Federal Sponsor shall not proceed with the acquisition of the real property interests
until both parties agree that the Non - Federal Sponsor should proceed.
C. The Government and the Non - Federal Sponsor shall determine whether to
initiate construction of the Project, or, if already in construction, whether to continue
with work on the Project, suspend future performance under this Agreement, or
terminate this Agreement for the convenience of the Government, in any case where
hazardous substances regulated under CERCLA are found to exist in, on, or under
any lands, easements, or rights -of -way that the Government determines, pursuant to
Article III of this Agreement, to be required for the construction, operation, and
maintenance of the Project. Should the Government and the Non - Federal Sponsor
determine to initiate or continue with construction after considering any liability that
may arise under CERCLA, the Non - Federal Sponsor shall be responsible, as between
the Government and the Non - Federal Sponsor, for the costs of clean-up and response,
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 total project costs. In the event the Non - Federal Sponsor fails to provide any funds
17
CED205TCA
3/12/98
7:34 AM
necessary to pay for clean up and response costs or to otherwise discharge the Non -
Federal Sponsor's responsibilities under this paragraph upon direction by the
Government, the Government may, in its sole discretion, either terminate this -
Agreement for the convenience of the Government, suspend future performance under
this Agreement, or continue work on the Project.
D. The Non - Federal Sponsor and the Government shall consult with each other
in accordance with Article V of this Agreement in an effort to ensure that responsible
parties bear any necessary clean up and response costs as defined in CERCLA. Any
decision shade pursuant to paragraph C. of this Article shall not relieve any third
party from any liability that may arise under CERCLA.
E. As between the Government and the Non - Federal Sponsor, the Non - Federal
Sponsor shall be considered the operator of the Project for purposes of CERCLA
liability. To the maximum extent practicable, the Non - Federal Sponsor shall operate,
maintain, repair, replace, and rehabilitate the Project in a manner that will not cause
liability to arise under CERCLA.
ARTICLE XVI -- NOTICES
A. Any notice, request, demand, or other communication required or permitted
to be given under this Agreement shall be deemed to have been duly given if in writing
and either delivered personally or by telegram or mailed by first- class, registered, or
certified mail, as follows:
If to the Non - Federal Sponsor:
Mayor, City of Renton
200 Mill Street
Renton, Washington 98055
If to the Government:
District Engineer
U.S. Army Engineer District
P. O. Box 3755
Seattle, Washington 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.
18
CED205TCA
3/12/98
7:34 AM
i •
C. Any notice, request, demand, or other communication made pursuant to this
Article shall be deemed to have been received by the addressee at the earlier of such
time as it is actually received or seven calendar days after it is mailed. _
ARTICLE XVII -- CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to
maintain the confidentiality of exchanged information when requested to do so by the
providing party.
ARTICLE XVIII -- HISTORIC PRESERVATION
A. The costs of identification, survey and evaluation of historic properties shall
be included in total project costs and cost shared in accordance with the provisions of
this Agreement.
B. As specified in Section 7(a) of Public Law 93 -291 (16 U.S.C. Section 469c(a)),
the costs of mitigation and data recovery activities associated with historic
preservation shall be borne entirely by the Government and shall not be included in
total project costs, up to the statutory limit of one percent of the total amount the
Government is authorized to expend for the Project.
C. The Government shall not incur costs for mitigation and data recovery that
exceed the statutory one percent limit specified in paragraph B. of this Article unless
and until the Assistant Secretary of the Army (Civil Works) has waived that limit in
accordance with Section 208(3) of Public Law 96 -515 (16 U.S.C. Section 469c- 2(3)).
Any costs of mitigation and data recovery that exceed the one percent limit shall not
be included in total project costs but shall be cost shared between the Non - Federal
Sponsor and the Government consistent with the nummum non - Federal cost sharing
requirements for the underlying flood control purpose, as follows: 35 percent borne by
the Non - Federal Sponsor, and 65 percent borne by the Government:
ARTICLE XIX -- LIMITATION ON GOVERNMENT EXPENDITURES
In accordance with Section 205 of the Flood Control Act of 1948, as amended,
the Government's financial participation in the Project is limited to $5,000,000 which
shall include all Federal funds expended'by the Government for planning, design, and
implementation of the project except for coordination account funds expended prior to
the first work allowance for study initiation. Notwithstanding any other provision of
this Agreement, the Non - Federal Sponsor shall be responsible for all costs in excess of
this amount.
19
CED205.PCA
3/12/98
7:34 AM
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which
shall become effective upon the date it is signed by the District Engineer.
THE DEPARTMENT OF THE ARMY THE CITY OF RENTON,
WAS GTON
BY: � BY:
T:
loinel, ES M. RIGSBY
Corps of Engi
neer -
Seattle District Engineer
DATE:
CED205. PCA
3/12/98
7:34 AM
JESSE TANNER
Mayor
DATE: G /.7
20
CERTIFICATE OF AUTHORITY
I, LAWRENCE J. WARREN, do hereby certify that I am the principal legal officer
of the City.of Renton, Washington, that the City of Renton.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 Renton, Washington,
in connection with the Cedar River, Renton, Washington Flood Damage Reduction
Project, 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 -911 (42 U.S.C. Section 1962d -5b), and that the persons who have executed
this Agreement on behalf of the City of Renton have acted within their statutory
authority.
WITNESS WHEREOF, I have made and executed this certification this
day of 1998.
c4a"-��awa-��
BY:
LAWRENCE J. WARREN
Renton City Attorney
21
CED205TCA
3/12/98
7:34 AM
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.
CITY OF RENTON, WASHINGTON
BY:
J46SE TANNER
Mayor
DATE: Nxe4, L ?
22
CED205.PCA
3/12/98
7:34 AM