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HomeMy WebLinkAboutAdden 1DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124 -2255 REPLY TO ATTENTION OF Operations Divison Emergency Management Branch Mr. Steve Lee Surface Water Utility Engineer City of Renton 1055 S. Grady Way —Fifth Floor Renton, WA 98055 • CAG -98 -064, Adden #1 -11 OVED FEB 1 0 2oii1 OITY OF RENTON &J fILIT`i SYSTEMS RE: Rehabilitation of Flood Control Works located on the right bank of the Cedar River at approximately River Mile 0.2 in Renton, King County, Washington, Job No. CED -2 -09 Dear Steve: This letter in response to the City of Renton's written request of January 28, 2009 for assistance under the PL 84 -99 authority to repair damage to the Section 205 Lower Cedar River Flood Damage Reduction Project. Enclosure 1 is a copy of the Project Information Report (PIR), dated July 13, 2010, which describes the proposed levee repair project. - The Federal Government is 100% responsible for the costs associated with construction of the proposed levee repairs. However, the terms and conditions of the May 9, 1998 Project Cooperation Agreement (PCA) between the United States and the City of Renton will apply to the proposed levee repair project. What this means is the City must comply with the three basic provisions to the PCA that are 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 construction of the above referenced project feature. (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 damages arising out of 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 (See Article IX of the PCA). C. The City of Renton must maintain and operate all the Project features after construction, 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. RE: Rehabilitation of Flood Control Works located on the right bank of the Cedar River at approximately River Mile 0.2 in Renton, King County, Washington, Job No. CED -2 -09 Enclosure 3 is a combination Certification of Lands, Attorney's Certificate and Outstanding Third Party Risk Analysis document (duplicate). The mayor must sign the land certification portion, and the City attorney must sign the Attorney's Certificate and complete the Risk Analysis Form. The City must also provide along with the completed certification documents the types of supporting documents listed below that verify the City has sufficient interest in the lands for construction, operation and maintenance of the proposed levee repairs. Types of.acceptable evidence of defensible title to the project lands include the following documentation that must be legible. • Title policy or report with legible copies of recorded exceptions. • Copies of recorded deeds of conveyance from the owners of record for each parcel of land within the project footprint, including access routes, and subordination agreements used to clear title on the project lands. • Copies of order in condemnation or eminent domain proceedings, if applicable. Also, please cross - reference all title evidence to a plat map, right -of -way drawing, or the Exhibit A map attached to the Certification of Lands document package. A copy the drawing containing the cross - referenced title information must be included with the title evidence you send as part of the Certification of Lands package. Following receipt of a completed and signed Certification of Lands document package, our Real Estate Division staff will review the City's documentation for sufficiency of title, area, and property interest before the COE will advertise for construction. The City must return one original signature copy of this letter and one original signature copy of the Certification of Lands document package by February 14, 2011 or sooner. The following is a project schedule and milestone dates leading to the initiation of construction. Project Schedule City returns signed Letter of Acknowledgement February 14, 2011, or sooner City submits Certification of Lands document package February 22, 2011 Corps RE Division approves Certification of Lands March 1, 2011 Advertise for Construction April 12, 2011 Initiate Construction June 30, 2011 Since ly, oug T. eber; p, Chief of Emergency Management Branch Operations Division • • RE: Rehabilitation of Flood Control Works located on the right bank of the Cedar River at approximately River Mile 0.2 in Renton,. King County, Washington, Job No. CED -2 -09 The City of Renton, King County, Washington, acting by and through the Mayor hereby acknowledges the City's continued obligations as stated in the PCA of May 9, 1998. CITY OF RENTON, WASHINGTON By DENIS LAW, Mayor Attest Jason A. Seth, Deputy City Clerk Cf w /enclosures: Larry Warren Attorney for Renton P.O. Box 626 Renton, WA 98507 cf w /enclosures CENWS -OD -EM (D. Weber) CENWS -PM -CP (J. Fitzpatrick) CENWS -OC -RE (B. Rohde) CENWS -RE -RS (L. Watts) Cc without enclosures CENWS -CT -PR (Bonnie Ecker) CENWS- PM -PL -ER (Bobbi McClain) Date CP 17 zo,//