Loading...
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