HomeMy WebLinkAbout24-109 - US Army Corps - Levee Repair Cooperation AgreementCENWW-RO
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS
201 NORTH THIRD AVENUE
WALLA WALLA, WA 99362-1876
24-109
Council Approval N/A
MEMORANDUM FOR Commander, Northwestern Division, (CENWO-DE)
ATTN: CENWD-DDE, Mr. John Leighow
1 March 2024
SUBJECT: Addendum #1 to the Project Information Report, Public Law 84-99
Rehabilitation of Damaged Flood Control Works, Tukwila-Gaco Levee, Green River,
King County, Washington
1. Reference NWS transmittal memorandum dated 13 Jul 16, concerning the Project
Information Report (PIR) for Rehabilitation of Tukwila Levee, Green River, King County,
Washington. The PIR was approved on 20 Jul 16.
2. The purpose of this PIR addendum is to notify NWD of: a) the proposed plan for
repairs by NWW, and b) the updated economic information for the proposed plan.
3. A portion of the authorized Tukwila Federal levee system in Tukwila, Washington,
known as the Gaco-Cutoff segment, was originally damaged during three separate high-
water events from October through December 2015. Additional damage occurred in
2020. In its current damaged state, the levee provides only a 5 -year level of protection
(20% Annual Exceedance Probability [AEP]), as compared to the original design's 100 -
year level of protection (1 % AEP).
4. NWW was tasked to return this levee to its pre -damage level of protection in March
2023. Damages in two locations will be repaired. Approximately 730 total feet of levee
would be repaired.
5. The damaged levee sites have been visited several times since 2015. Thick
vegetation (blackberries) cover the site and may conceal additional damage. The repair
will remain with the original 600 linear foot length, but could expand once the vegetation
is removed and any additional damage can be verified.
6. The Non -Federal Sponsors, King County and the City of Tukwila, requested a locally
preferred plan (LPP) to bring the levee up to current engineering design standards and
increase the level of flood protection to a 0.2% annual exceedance probability event
(500 -year level of protection) and add 3 feet of freeboard. This LPP was rejected by
NWW as being unnecessary, as well as being potentially quite problematic in relation to
the permitting process.
Enclosure 1
CENWW-RO
SUBJECT: Addendum #1 to the PIR, Tukwila-Gaco Levee Project
There are also potential chemical contamination issues near the site 2 repair. NWW has
requested that King County perform contaminant testing along the length of repair site 2
prior to contracting the repair work.
7. The updated construction cost to return the Tukwila Levee to its pre -flood level of
protection is $4.49 million, which includes 6% Supervision and Administration (S&A)
and a 25% contingency. Planning, Engineering, and Design (PED) costs at 20% of
construction is estimated to be $0.9 million. Total Project First Cost is estimated to be
$5.39 million, with a cost share breakdown equating to a Federal cost (100%
Construction + 100% PED) of $5.39 million and a Sponsor cost (0% Construction) of
$0.00.
8. The average annual cost, annualized using the FY24 Federal discount rate of 2.75
percent over a 50 -year period of analysis, is estimated to be $222,000.
9. The average annual benefits, calculated as the Expected Annual Damages (EAD)
reduced with the repair project, is $68.1 million.
10. In summary, the Total Project First Cost increases from NWS's FY16 estimate of
$4.47 million to NWW's FY24 estimate of $5.39 million.
11. A funding request for the construction and support costs will be sent separately.
The AMSCO number is 091364.
10. The point of contact for this is Mr. Rob Herres, FC&CE Program Manager,
he can be reached at 509-527-7145 or Robert. arras _us ce.ar il.
3 Encls
1. Original PIR
2. Amended PIR
3. Environmental Update
X concur
non -concur
Y'_' 0�J&
LUKE J. FULLERTON
Chief, Readiness Branch
Walla Walla District
JOHN K. LEIGHOW
Chief, RCO
Northwestern Division
K
LEIGHOW.j Digitally signed by
LEIGHOW.JOHN.KE
OHNXEVIN. VIN.1035387770
1035387770 Date: 2024.03.07
08:46:15-08'00'
REPLY TO ATTENTION OF
CENWS-OD-EM
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS
SEATTLE DISTRICT
P.O. BOX 3755
SEATTLE, WA 98124-3755
MEMORANDUM FOR Commander, Northwestern Division (CECW-NWD/MS. GINA
WEBBER), 1201 NE Lloyd Blvd, Portland, OR 97232
SUBJECT: Request project approval for Tukwila Levee Rehabilitation — King County,
Washington, GRN -01-16
1. This memo requests project review/approval of the Tukwila Levee rehabilitation.
PROJECT APPROVAL / FUNDING SUMMARY SHEET
Project Number
GRN -01-16
Category Code
310
Type Report
Rehabilitation
Event Name
Western WA River Flooding (COE-NWS-FY16-004-20151207)
Event Date Start
State
County
CWIS Number
B/C Ratio
December 2015
Washington
King
091364
9.3 to 1
Construction Subtotal
$
3,619,600
S&A (6%)
$
217,200
Contingency (10%)
$
383,700
Total Construction Cost
$
4,220,500
Total Engineering and Design (6%) Fed Cost
$
253,300
Total Project Costs
$
4,473,800
Federal Cost (100%) + E & D
$
4,473,800
B/C Ratio
9.3 to 1
2. This memorandum summarizes information found in the enclosed Project Information Report.
For additional information, please contact Cathie DesJardin at (206) 764-3452.
x
AMY . REESE
Acting Chief, Operations Division
CENWS-OD-EM SUBJECT: Request project approval for Tukwila Levee Rehabilitation — King
County, Washington, GRN -01-16
MFR. This memorandum transmits the Project Information Report for the Tukwila levee
rehabilitation in King County, Washington, GRN -O1-16. Reference attached DQC signoff sheet.
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2
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
TUKWILA LEVEE, KING COUNTY, WASHINGTON
GRN -01-16
TABLE OF CONTENTS
PART 1. EXECUTIVE SUMMARY....................................................................................... 1
PART 2. PROJECT REPORT..................................................................................................
2
1.
Project Identification......................................................................................................
2
2.
Project Authority............................................................................................................
2
3.
Public Sponsor...............................................................................................................
2
4.
Project Location.............................................................................................................
2
5.
Project Design................................................................................................................
2
6.
Disaster Incident............................................................................................................
3
7.
Project Damages............................................................................................................
3
8.
Project Performance Data..............................................................................................
3
9.
Project Repair Alternatives Considered.........................................................................
3
10.
Recommended Alternative.............................................................................................
5
11.
Real Estate: Lands, Easements, Rights -of -Way, Relocation, and Disposal (LERRD's)5
12.
Economic Evaluation.....................................................................................................
7
13.
Environmental..............................................................................................................
10
14.
Interagency Levee Task Force.....................................................................................
15
15.
Project Management....................................................................................................
15
Appendix A
— Sponsor Letter of Request
Appendix B
—Project Location
Appendix C
— Disaster Incident
Appendix D
—Project Damages
Appendix E —
Repair Alternatives
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
GRN -01-16
PART 1. EXECUTIVE SUMMARY
PROJECT NAME: Tukwila Federal Levee
PROJECT FUNDING CLASS: 310
PROJECT CWIS NUMBER: 091634
NON-FEDERAL SPONSOR: City of Tukwila
LOCATION AND DESCRIPTION: Tukwila Levee is constructed along the left bank of the
Green River at the City of Tukwila, Washington. The levee is a complete system
approximately 23,900 feet long. In an undamaged state, the levee provides a 100 -year level
of protection (LOP) to commercial and industrial properties and associated infrastructure.
DESCRIPTION OF DAMAGE: Three high water events from end of October through mid-
December 2015 damaged the levee at two locations. Near the upstream end of the levee (Site
1, Station 225+00), toe scour has caused a slope failure along approximately 105 LF of the
bank. Downstream at approximately Station 178+00 (Site 2), the riverward slope has been
scoured to an over -steepened slope of approximately 1 H:1 V along approximately 600 LF. In
the damaged condition, the levee provides a 5 -year LOP.
PROPOSED REPAIR: At Site 1, repairing the levee in-kind to match the upstream levee
section geometry is recommended to restore the levee to the previous LOP. The proposed
repair section includes a launchable toe and 2H:1 V slope of Class IV riprap backed by quarry
spalls. At Site 2, repairing the levee with a retaining wall is recommended to restore the
previous LOP. Repairs will consist of installing a retaining wall to shift the crest
approximately 6 feet landward. A buried toe will be re-established, and the riverward slope
will be restored at 1.9H:1 V and armored with Class IV riprap backed by quarry spalls. At
both sites, repairs will occur within the pre -damage footprint. Total construction length,
including transitions, will be approximately 130 LF at Site 1 and 600 LF at Site 2.
Table 1. Summary of Project Costs and Economic Analysis
COST ITEM
AMOUNT
Construction Cost
$3,619,600
S&A (6%)
$217,200
Contingency (10% [Construction + S&A])
$383,700
Total Construction Cost
$49220,500
Engineering and Design (6% Total Construction)
$253,300
Total Project Cost
$49473,800
Federal Cost (100% Construction + E&D for Federal project)
$4,473,800
Benefit/Cost Ratio
9.3:1
POINT OF CONTACT: Doug Weber, CENWS-OD-EM, (206) 764-3406
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
GRN -01-16
PART 2. PROJECT REPORT
1. Project Identification
a. Project Name: Tukwila Federal Levee
b. Project Funding Class: 310
c. Project CWIS Number: 091634
2. Project Authority
a. Classification: Federal, urban flood control levee
b. Authority: Section 205 of the Flood Control Act of 1948, as amended
c. Estimated original cost of project: Unknown
d. Construction completion date of the Federal project: 1992
e. PL 84-99 repairs were made in 1996 and 2008.
3. Public Sponsor
a. Sponsor Identification
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
Point of Contact for Sponsor: Ryan Larson, Senior Engineer
(206) 431-3670
Point of Contact for King County: Lorin Reinelt
(206) 477-4808
b. Application for Assistance
1) Date of Issuance of Sponsor's public notice: 17 December 2015
2) Date of Sponsor's written request: 13 January 2016. See Appendix A.
4. Project Location
Tukwila Levee is constructed along the left bank of the Green River within the Green River
Basin. The project is located in King County (Township 22 North, Range 4 East, Section 2;
Township 23 North, Range 4 East, Sections 24, 25, 35, and 36), where the Green River
passes through the city of Tukwila. Project location is shown in Appendix B. The levee is a
complete system approximately 23,900 feet long, running from River Mile 12.6 to 16.9. The
upstream end ties into high ground at the valley wall, while the downstream end ties into
high ground at Interstate 405.
5. Project Design
The Tukwila Levee is an urban flood control works that is typically 5 to 7 feet high on the
landward side and constructed of earthen material, primarily sand and gravel. Riverward
slopes are at 1.5-2.011:1 V, while landward slopes are at 2.0-5.011:1 V. Both slopes are
covered with sod, and riprap armor is provided along the riverward slope. The levee crest
ranges from 12 to 20 feet wide and is surfaced with asphalt pavement or gravel. In an
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
GRN -01-16
undamaged state, the levee provides a 100 -year level of protection against flooding to
commercial and industrial properties and associated infrastructure.
6. Disaster Incident
Three high water events occurred over the six-week period from the end of October through
mid-December 2015. The river stage at the Green River at Tukwila, Washington (USGS
gage 12113350) reached a peak of 19.83 feet (gage height) on 09 December, approximately
13 -feet above the 16 -year median stage height. The gage is located at river mile 12.4, 0.2
miles downstream of the beginning of the levee. A flood stage has not been set for this gage.
On 09 December, the river stage at the Green River near Auburn (USGS gage 12113000)
reached a stage of 63.18 feet (10,700 cfs), which corresponds to a 5 -year average return
interval (20% AEP) based on the April 2005 Revision of the King County FIS. The river
remained above the National Weather Service flood level of 9000 cfs for about 67 hours,
beginning on 08 December at 0645 hours. Additional information is provided in Appendix
C. All three events were driven by high intensity precipitation originating from modest
atmospheric river events.
7. Project Damages
Damages occurred in two locations during the high water events. Near the upstream end of
the levee (Site 1, Station 225+00), toe scour has caused a slope failure along approximately
105 LF of the bank. The bank was vegetated with sod at this location, which is immediately
downstream of a recent repair that provided riprap armor and incorporated a bench at mid -
slope. Debris has accumulated at the toe of the failed slope. Downstream at approximately
Station 178+00 (Site 2), the riverward slope has been scoured to an over -steepened slope of
approximately 1H:1V along approximately 600 LF. The bank was vegetated with sod and
vines at this location, which is on an outside bend of a river meander. Photographs of the
damaged sections are included in Appendix D. In the damaged condition, the levee provides
a 5 -year level of protection (LOP).
8. Project Performance Data
a. Inspection Results
1) Date of Last Inspection: 07 July 2015
2) Type of Last Inspection: CEI (Routine)
3) Project Condition Code of Last Inspection: Minimally Acceptable
b. Sponsor's Annual O&M costs: $2,000
c. The levee is well-maintained and was generally in good condition prior to the flood
event.
9. Project Repair Alternatives Considered
Viable alternatives must restore reliable flood protection to the level of protection prior to
damage, must be environmentally acceptable, and can be constructed prior to the next flood
season. The recommended alternative must be the least cost alternative that restores the level
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
GRN -01-16
of protection while fulfilling all legal, technical and environmental requirements. A
preliminary evaluation has been performed on the alternatives discussed below.
Site 1
a. No Action
The no -action alternative was evaluated and rejected due to the reduced level of protection
and the increased likelihood of increased damages or breach of the levee in its current
condition. This alternative is not acceptable from a technical perspective, nor is it acceptable
to the sponsor.
b. Repair In -Kind
The repair in-kind alternative would restore the levee to its previous level of protection
within the pre -damage footprint. The location of the riverward toe would be re-established at
the pre -damage location. The levee slope would be restored to match the geometry of the
levee section immediately upstream. This alternative is preferred from a technical
perspective.
c. Non -Structural Alternative
The non-structural alternative would buy-out the existing properties and would also provide
for any necessary re -locations. This alternative was discarded because the costs were
deemed too high compared to costs for other alternatives.
Site 2
a. No Action
The no -action alternative was evaluated and rejected due to the reduced level of protection
and the increased likelihood of increased damages or breach of the levee in its current
condition. This alternative is not acceptable from a technical perspective, nor is it acceptable
to the sponsor.
b. Repair to Previous LOP at Pre -Existing Slope
The repair at pre-existing slope alternative would restore the riverward slope to its previous
geometry. The over -steepened slope would be excavated and restored at approximately
1.5H:1 V. The slope would be armored with riprap backed by quarry spalls. However, given
the site constraints and inability to encroach into the river channel, providing riprap armor
within the existing levee prism would reduce the seepage path to an unacceptable level. The
1.5H:1 V slope would remain steeper than desirable, and site constraints would also preclude
construction of an adequate toe. This alternative would not restore reliable flood protection
and was discarded.
c. Repair to Previous LOP with Retaining Wall
The repair with retaining wall alternative would provide an adequate buried toe and seepage
path length using a retaining wall to shift the levee crest landward. The slope would
subsequently be re -graded to a more stable slope of 1.9H:1 V, and the riverward slope would
4
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
GRN -01-16
be armored with riprap backed by quarry spalls. This alternative is preferred from a technical
perspective, is acceptable to the sponsor, and is the least -cost alternative meeting all technical
requirements.
d. Non -Structural Alternative
The non-structural alternative would buy-out the existing properties and would also provide
for any necessary re -locations. This alternative was discarded because the costs were
deemed too high compared to costs for other alternatives.
10. Recommended Alternative
At Site 1, repairing the levee in-kind is recommended to restore the levee to the previous
level of protection. Repairs will consist of re-establishing the riverward toe at the pre -
damage location and reconstructing the slope at 2H:1 V. A 15 -foot wide horizontal bench
will be provided mid -slope to match the upstream section. The slope will be armored with 3
feet of Class IV riprap backed by a 12 -inch layer of quarry spalls up to the elevation of the
bench. Above bench elevation, the slope will be armored with quarry spalls covered with
topsoil and seeded. This approach is consistent with the section immediately upstream. The
proposed repair concept is shown in Appendix E. Total construction length, including a 25 -
foot transition at the downstream end, will be 130 LF. Woody debris that has accumulated
along the damaged levee section must be relocated or removed.
At Site 2, repairing the levee with a retaining wall is recommended to restore the levee to the
previous level of protection. Repairs will consist of installing a retaining wall at the
landward toe of the levee, within the existing levee easement, to shift the crest approximately
6 feet landward. For cost estimating purposes, the retaining wall is assumed to be a sheetpile
wall with concrete cap (I -wall). The sheetpiles were assumed to be AZ26-700 sections
installed to a depth of 50 feet, with a concrete cap and wall measuring approximately 3 feet
high. Wall type will be further evaluated during Engineering and Design phase to select the
most suitable wall for this site. The riverward slope will subsequently be restored at 1.9H:1 V
and armored with 3 feet of Class IV riprap backed by 12 inches of quarry spalls. A buried
toe will be re-established within the pre -damage footprint of the levee. The proposed repair
concept is shown in Appendix E. Total construction length, including any necessary
transitions, will be approximately 600 LF.
11. Real Estate: Lands, Easements, Rights -of -Way, Relocation, and Disposal (LERRD's)
The project is located in the City of Tukwila in King County, Washington. The proposed
rehabilitation effort will return the levee to the pre -flood condition and level of protection
within the existing project footprint. The Tukwila Levee Rehabilitation Project would repair
approximately 730 LF at two sites.
In order to proceed with the rehabilitation effort, the Non -Federal Sponsor (NFS) must make
the required local project lands available prior to solicitation for the construction contract.
See the proposed project schedule under Section 15 of this report.
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
GRN -01-16
To meet the real estate requirements, the Public Sponsor will need to demonstrate that it has
the below minimum real property interests for the Tukwila Levee Rehabilitation Project
footprint:
PERPETUAL FLOOD PROTECTION LEVEE EASEMENT ESTATE
A perpetual and assignable right and easement in the land delineated on the attached
location map, Exhibit , by this reference made a part hereof, to construct,
maintain, repair, operate, patrol and replace a flood protection levee, including all
appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all
such rights and privileges in the land as may be used without interfering with or
abridging the rights and easement hereby acquired; subject however, to existing
easements for public roads and highways, public utilities, railroads and pipelines.
Proposed access (both ingress and egress) to the Rehabilitation Project sites is available off
Frager Road at the upstream end of the project to reach the levee access road. Frager Road is
located on private land. The Public Sponsor will need to certify that it has appropriate access
using the historical levee ingress/egress route for access to the levee repair site for
construction, operation and maintenance of the Tukwila Levee Rehabilitation Project.
Temporary work areas which may be used for construction staging are shown in Appendix B.
Some of these areas are located outside the boundaries of the levee easement. If temporary
staging areas are selected which fall outside the boundaries of the levee easement, the Public
Sponsor will need to demonstrate that it has the below real property interests for the proposed
temporary work areas.
TEMPORARY WORK AREA EASEMENT
A temporary easement and right-of-way in, on, over, and across the land delineated
on the attached location map, Exhibit , for a period not to exceed
, beginning with date possession of the land is granted to the
Grantee for use by the United States, its representatives, agents, and contractors as a
work area, including the right to deposit fill thereon, move, store, and remove
equipment and supplies, and erect and remove temporary structures on the land, and
to perform any other work necessary and incident to the construction of Tukwila
Levee Rehabilitation Project. Job No. GRN -0I-16, together with the right to trim, cut,
fell, and remove there from all trees, underbrush, obstructions, and any other
vegetation, structures, or obstacles within the limits of the right-of-way; reserving,
however, to the landowners, their heirs and assigns, all such rights and privileges as
may be used without interfering with or abridging the rights and easement hereby
acquired; subject, however, to existing easements for public roads and highways,
public utilities, railroads and pipelines.
Excavated materials will be utilized within the existing project footprint as much as possible.
If the material cannot be re -utilized on site, the Public Sponsor will need to identify and
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
GRN -01-16
provide a temporary disposal site during the period of construction, or the material will need
to be taken to a commercial disposal facility.
The final location of temporary work area easements and disposal sites to support the
construction of the Rehabilitation Project, including access routes for ease of construction,
will be determined in the next phase, Engineering & Design (E&D). As part of the land
certification process for the levee rehabilitation effort, the Public Sponsor will need to
provide title reports, not more than 90 days old at the time of land certification demonstrating
its interest in the Levee Project repair site.
Any questions regarding types of property interests needed for the proposed project should
be coordinated with the US Army Corps of Engineers, Real Estate Division.
12. Economic Evaluation
The objective of the economic evaluation is to determine if the project is economically
justified. The economic analysis is conducted in accordance with ER 1105-2-100
Appendices D and E. Some key points are as follows:
1) Discount Rate: Economic justification analysis will use the current FYI Federal
discount rate of 3.125% for water resources evaluation.
2) Level of Detail: The economic analysis will be prepared in level of detail commensurate
with the complexity of the project. Also in the analysis, the greater the effect a particular
benefit item has on project justification, the greater the level of detail of its evaluation. It
is not intended that the analyses for rehabilitation projects be exhaustive, but should
provide sufficient data to document the steps used in formulating the proposed plan of
rehabilitation.
3) Period of Analysis: In accordance with ER 1105-2-100, the period of analysis for
rehabilitation work should not exceed the remaining physical life of the entire project.
Any exception to the above will require justification in the PIR. In addition, the
following must be applied:
a) Federal Projects. The economic life of federally constructed projects shall be the
shortest time period determined by the following criteria:
i) Fifty years.
ii) The degree of protection afforded by the project in the rehabilitated condition.
iii) The anticipated remaining life of the project assuming ordinary maintenance
without major component rehabilitation (e.g. pumping plants, earth fill levees,
riprap protection, etc.)
b) Non -Federal Agricultural Projects. Ten years, or the degree of protection provided,
whichever is less.
c) Non -Federal Urban Projects. Use same criteria as for Federal projects.
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
GRN -01-16
a. Location
The Tukwila Section 205 Levee is located on the left bank of the Green River from
approximately river mile (RM) 12.6 to RM 17.0, in the City of Tukwila, in King County,
Washington.
b. Protected Area
The levees protect a flood plain that extends over 1,000 acres of an industrialized area with
light manufacturing, warehouses, and major high end shopping malls to major discount
warehouses like Home Depot. The protected area includes 224 parcels with improvements,
of which the property value alone is estimated to be nearly $590 million. The levee provides
protection up to a 100 -year return period.
c. Without -Project (W/OP) Condition
It is assumed that the level of protection has been reduced from a 100 -year event to that of a
5 -year level of protection. If the levee were to fail, a number of structures could be flooded.
The Corps has not received any reports of lost lives in previous floods, an indication of a
well-informed population at risk; however, the risk of loss of life still exists.
d. With-Proiect (WP) Condition
Repair of the levee would restore the estimated level of protection to the pre -damage
protection of approximately a 100 -year event.
e. Project Costs
Total Project Costs including contingency, Environmental Mitigation, Supervision and
Administration, Engineering and Design are estimated to be $4,473,800. Table 2 displays
the estimated project costs.
Table 2: Project Costs
COST ITEM
AMOUNT
Construction Cost
$3,619,600
S&A (6%)
$217,200
Contingency (10% [Construction + S&A])
$383,700
Total Construction Cost
$4,220,500
Engineering and Design (6% Total Construction)
$253,300
Total Project Cost
$49473,800
The project costs are annualized so they can be compared to the damages reduced or avoided
by the project. To accomplish this, the project costs are amortized over the life of the project.
For Nisqually Levee, the life of the project is defined by the maximum period allowed, 50
years (based on guidance above). The results of the annualization of project costs are shown
in Table 3.
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
GRN -01-16
Table 3: Annual Costs
First Cost
$4,473,800
Principle + Interest (50 years at 3.125%)
$178,000
Operations & Maintenance
$2,000
Total Annual Costs
$180,000
Annualized construction costs are about $178,000 and an annual operation and maintenance
(O&M) cost of $2,000 is assumed in this analysis. Interest during construction is not
included because the construction duration is expected to be minimal. Average annual cost
(annualized construction costs plus annual O&M) is about $180,000.
f. Benefits Evaluation
In accordance with ER 500-1-1, this economic analysis has been prepared to a level of detail
sufficient to demonstrate a high probability that the annualized economic benefits of the
repair exceed the annualized costs. The annualized project benefits are the damages that are
expected to be avoided by the project.
Flood risk damages are estimated by constructing an expected damage probability curve with
estimated damages on one axis (usually the vertical) and the probability of the event
associated with the damages on the other axis. The area under this curve is the probability
weighted sum of damages, also known as Expected Annual Damages or EAD. Project
benefits are the EAD in the With Project (WP) Condition minus the EAD in the Without
Project (W/OP) condition.
The flood plain protects industrialized areas with light manufacturing, warehouses, and major
high end shopping malls to major discount warehouses like Home Depot. The protected area
includes 224 parcels with improvements, of which the property value alone is estimated to be
nearly $590 million. For these projects, assessed value is considered a reasonable
approximation of the Depreciated Replacement Value.
The foundation heights of the structures are assumed to be 0.5 feet high. Depth damage
functions assume that the buildings are warehouse. An average inundation depth of 0.5 foot
is assumed for the 100 year event; resulting in an average depth above the average first floor
elevation of 0 feet at the W/OP condition. Based on an HAZUS inventory depth -damage
curves for COM -2 (USACE Galveston), the loss of contents is assumed to be 3% of the
structure value; no damage is estimated for structures. With these assumptions there is an
estimated $17.6 million in contents damages for a 100 year event. The EAD in the W/OP
conditions is estimated to be $1.85 million, while the WP EAD is estimated to be $176,000;
thus, project EAD benefits are $1.68 million (see Table 4).
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PROJECT INFORMATION REPORT
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Table 4: Comparison of Without -Project and With -Project Structure Damages - EAD
Return Exceedance
Period (yr) Probability
Project
Damage
Average
Damage
Frequency Avg. Annual
Interval Damage
Infinity 0.00%
$17,626,608
Crop benefits do not exceed net crop income
Not applicable
100 1.00%
$17,626,608
$17,626,608
0.0100 $176,000
5 20.00%
$0
$8,813,304
0.1900 $1,675,000
EAD Without Project
$1,851,000
EAD With Project
$176,000
EAD Damages Reduced
$1,675,000
g. Benefit/Cost Ratio
The Benefit Cost Ratio (BCR) is $1,675/$180 (rounded to $1,000's) or 9.3 to 1, as
summarized in Table 5.
Table 5: Cost Benefit Analysis
Project Annual Benefits
$1,675,000
Project Annual Costs
$180,000
Benefit/Cost Ratio
9.3:1
h. Benefits Checks
Economic checks were performed to ensure that the project makes sense from an absolute
cost perspective. Table 6 below summarizes the results.
Table 6: Summary of Economic Checks
ABSOLUTE COST REQUIREMENT
MET?
First costs do not exceed property value
Property value: $587.6 Million
First costs: $4.5 Million
Yes
Crop benefits per acre do not exceed 5% of land value per acre
Not applicable
Crop benefits do not exceed net crop income
Not applicable
Each property owner accounts for less than 25% of benefits
Yes
13. Environmental
a. General
The Green River originates in the Cascade Mountains and flows westward to discharge
through the Duwamish Waterway at Elliot Bay in Puget Sound. It is called the Green River
upstream of Tukwila and the Duwamish River downstream of Tukwila to Puget Sound. The
Green-Duwamish River watershed encompasses approximately 480 square miles of southern
King County. Its watershed has been reduced in area over about the last century by diversion
of some of its tributaries. Land use of its upper watershed is primarily forest production and
the river supports two dams there. The middle watershed land use is residential, commercial
forestry, and agriculture. The lower watershed is residential, commercial, and industrial.
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At the upstream repair site, the vegetation is sod and a dense cover of Himalayan blackberry
and reed canary grass, both non-native invasive species. Much of the repair site is exposed
soil. No riprap is visible. Similar vegetation is present at the downstream slope. The
vegetation on the upstream slope to the south (not a federal levee) is sod with a few
Himalayan blackberries. The top of the levee is gravel road.
At the downstream repair site, the existing site vegetation is dense Himalayan blackberry and
grass. Some small and medium-sized trees exist low on the slope in the 600 -foot -long repair
section. No riprap is visible. The top of the levee is gravel road. The landward slope is sod.
b. Environmental Considerations
i. Water Quality. The Green River is listed as impaired for high water temperature,
high temperatures, and this is of concern because of its effects on salmon. Removal
of trees along the bank at the downstream site will slightly reduce the shading that
helps keep the water cool. Construction of repairs to the levee and removal of woody
debris from the river, or relocation of the debris within the river, at the worksite
would cause short-term impacts to local water quality. Removal and replacement of
material at the toe of slope may cause a temporary increase in turbidity. Work for
both the upstream and downstream repairs should be conducted landward of a
temporary barrier, such as silt fencing anchored by supersacks, to minimize release of
particulates to the flowing water of the river. Turbidity should be monitored
upstream and downstream of the project site during construction. If turbidity exceeds
state water quality standards, particulate -generating activities should be halted until
standards are met and construction methods changed to avoid future exceedances.
Construction materials will be obtained from contaminant -free sources.
ii. Fish and Wildlife. The following species are listed or proposed for listing under the
Endangered Species Act (ESA) as threatened and are expected to be found in the
general project area:
• Puget Sound chinook salmon
• Puget Sound steelhead
• Bull trout
Additionally, the area is designated as critical habitat for chinook, bull trout, and
steelhead. No other federally listed species are expected to occur near the project site
or to be affected by the repair activities. Potential effects of the work on threatened
or endangered species and designated critical habitat will be addressed per Section 7
of the ESA.
Bald eagles, which are protected under the Bald and Golden Eagle Protection Act and
the Migratory Bird Treaty Act, are known to nest approximately one mile west of the
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project area, according to the Washington Department of Fish and Wildlife Priority
Habitats and Species website.
The Green River supports chinook, coho, chum, and pink salmon, and bull trout and
steelhead. The Priority Habitats and Species website shows an osprey nest
approximately one mile to the southeast. Numerous waterfowl were observed on the
river during the site visit. Repair work on the levee will cause short-term impacts to
fish and wildlife. The primary impacts will be long-term loss of vegetation on the
face of the levee at the downstream repair site when the embankment slope is
armored with riprap, a temporary increase in turbidity, and a temporary increase in
noise, vibration, and human activity caused by heavy equipment use. The latter may
displace fish and wildlife during construction. The work on the lower part of the
levee will be accomplished during the established in -water work window (August 1 to
August 31), so the potential disruption of salmonid movement or incubating eggs will
be minimized. If present, fish will be temporarily displaced from the area. Use of silt
fencing or other material to isolate the work area from the flowing water of Green
River will also minimize the potential disturbance to fish. At the upstream site,
removal of large woody debris from the work site is needed to accomplish the repairs;
that woody debris should be relocated within the river to retain a high-quality habitat
feature that resulted from collapse of the bank. The repairs will require removal of
the dense blackberry cover from the levee, as well as some young trees at the
downstream site, potentially resulting in the displacement of some wildlife as well as
loss of cover, shade, and organic matter contribution to the river. The Corps will
notify resource agencies of the construction schedule once it is determined and will
coordinate with them regarding any potential disturbance likely to occur outside of
the established work window.
iii. Wetlands. No wetlands are located at or immediately adjacent to the repair sites or in
the vacant lands immediately south or southwest of the repair sites.
iv. Historic Properties Considerations. The Corps completed a records search and
literature review of information on file at the Washington State Department of
Archaeology and Historic Preservation (DAHP). Information in the Washington
Information System for Architectural and Archaeological Records Data online
database indicates that no buildings and structures (45 years or older) or
archaeological sites eligible for listing in the National Register of Historic Places
(NRHP) have been identified within the proposed levee repair area. A file search
indicated there are 46 buildings and structures (45 years or older) within a half mile
area surrounding the project area. In total, one building is officially eligible for
listing in the NRHP, five are officially not eligible for listing in the NRNP, and 40
have not been evaluated for NRHP eligibility. Nine previous cultural resource
surveys are within a half mile area surrounding the project area. One of the surveys
(NADB 1352086) intersects the upstream portion of the project area and was
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performed by King County Historic Preservation Program in 2008 to document built
resources (built between 1948 and 1970) within the Kent city limits. Archaeological
sites were not considered as part of this 2008 survey. This survey completely covers
the upstream repair. Because archaeological sites were not considered during the
previous survey, it is incomplete and does not meet the requirements of Section 106
of the National Historic Preservation Act (NHPA). Additional survey prior to any
ground disturbance activities of the upstream portion may be required. The
downstream portion of the project area has not been surveyed for cultural resources.
Since the proposed project area has not been previously surveyed in its entirety,
undocumented cultural resources could potentially be present within the upstream
portion. Therefore, a survey of the proposed project area may be necessary to meet
the requirements of Section 106 of the NHPA prior to any ground disturbance
associated with project activities.
V. Tribal Interests. The development of levee rehabilitation projects should be sensitive
to the Corps Trust responsibilities to Federally recognized Tribes and when under
development, should not negatively impact Tribal resources. Past levee repairs on the
Green River have required lengthy negotiation with the Tribes over activities that
might adversely affect salmon or their habitat. Tribal resources may include but are
not limited to: Usual and Accustomed (U&A) treaty reserved fishing, hunting, and
gathering areas within the project area. The Corps Trust responsibility to federal
recognized tribes ensures meaningful and timely consultation prior to undertaking
actions that may significantly affect tribal resources, tribal rights or Indian lands. The
proposed action area is within the area of interest for the following Tribes and they
will be coordinated and consulted with before making a final decision:
• Muckleshoot Indian Tribe
• Puyallup Tribe
vi. Recreation. This section of levee is not designated as a formal recreation area. A
public park and trail are located on the levee across the river. Short-term direct
impacts on recreation use may occur due to construction noise; however, long-term
access will not be affected by the project.
vii. Cumulative Effects. The Tukwila levee has had previous rehabilitation projects,
upgrades, and maintenance over the last twenty-five years. The baseline condition
would not be notably altered due to the proposed action. Cumulative effects of these
actions will be fully considered in the environmental documentation, as required
under National Environmental Policy Act (NEPA) and ESA.
viii. 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
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2) National Oceanic and Atmospheric Administration (NOAA) Fisheries
3) Environmental Protection Agency
4) Washington Department of Fish and Wildlife
5) Washington Department of Ecology
6) Washington State Historic Preservation Office (SHPO, WA Department of
Archaeology and Historic Preservation)
The design will be coordinated with and reviewed by the above -listed agencies, and
their recommendations will be considered and implemented, as appropriate. 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 will be
prepared to evaluate probable impacts of the proposed project on the existing
environment. Factors addressed by the evaluation include public safety, water
quality, wetlands, threatened and endangered species, cultural resources, air quality,
noise, economics, fish, and wildlife. The NEPA process will be conducted pursuant
to requirements in ER 200-2-2.
Requirements for compliance with the ESA will be completed. This will include
analysis of impacts and consultation with the U.S. Fish and Wildlife Service and
NOAA Fisheries.
The Corps will coordinate its environmental review of impacts on cultural resources
under NEPA with its responsibility to take into account effects on historic properties
as required by Section 106 of the NHPA. Before approval of the proposed project,
the Corps will determine and document the area of potential effect for both direct and
indirect effects, as required at 36 CFR § 800.4 of the regulations implementing
Section 106. The Corps will conduct a cultural resources survey of the project area to
determine whether there is a potential for the proposed project to cause effects to
historic properties that may be located in or adjacent to the project area. The Corps
will also consult with Tribes and other interested parties to determine if there are
properties of religious or cultural significance that might be affected. The results of
the cultural resources investigation and the Corps' findings of effect on historic
properties will be submitted to the Washington SHPO for review and comment.
Should the project have an adverse effect on a historic property, the adverse effects
would be resolved before project approval in accordance with the regulations
implementing Section 106.
The purpose of the Federal Water Pollution Control Act (33 USC § 1252 et seq.),
commonly referred to as the Clean Water Act, is to restore and maintain the chemical,
physical, and biological integrity of the nation's waters. Review of imagery on the
Google website indicates the riverward toe of the levee formed a smooth curve before
the flood damage. As long as the toe of the levee slope at the river bottom does not
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extend riverward of a smooth curve matching the upstream and downstream reaches,
the project appears to be consistent through analogy to the provisions of the regional
conditions under Nationwide Permit (NWP) 3 pursuant to the Corps' Clean Water
Act Section 404 permitting program. The State of Washington has predetermined its
concurrence that a levee rehabilitation project meeting NWP 3 parameters is
consistent with the State's coastal management program as long as individual review
under CWA Section 401 is not triggered. Extending the toe beyond the pre -flood
position could trigger an individual Section 401 review and this could extend the
project permitting schedule for up to 12 months. The 600 -foot -length of levee repair
will likely entail disturbance of more than one acre of land; therefore, a Section 402
permit may be needed. Design changes during E&D may change project impacts and
thereby change the compliance processes and timelines.
ix. Environmental Enhancement Features and Mitigation. Project construction may
include environmental enhancement features to offset temporary construction impacts
and long-term loss of vegetation on the levee slope. Environmental features proposed
by agencies during NEPA coordination will be fully considered and incorporated, as
appropriate, into the project during Engineering and Design. Environmental
enhancements are likely to include installation of willow lifts near ordinary high
water, placement of topsoil over disturbed areas including the levee face above
ordinary high water, and hydroseeding with native grasses. Environmental
enhancements will be assessed further during the NEPA analysis. Additional
measures may be needed to offset the long-term loss of bank vegetation. Other
mitigation measures have been referenced above, such as isolating the work area from
the flowing water of Green River and relocating the instream woody debris at the
upstream repair site to elsewhere within the river to maintain that habitat feature.
14. Interagency Levee Task Force
HQUSACE has not directed activation of an ILTF for the flood event associated with the
winter 2015-2016 floods in Western Washington.
15. Project Management
a. Funding Authority
1) Program and Appropriation: PL 84-99, Levee Rehabilitation, FCCE, 96x3125
2) Project Funding Class: 310
3) Project CWIS Number: 091634
b. Project Funds
1) Total estimated cost for the recommended repair option, including
contingency amount and S&A, is presented in Table 7.
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Table 7: Project Costs and Economic Analysis
COST ITEM
AMOUNT
Construction Cost
$3,619,600
S&A (6%)
$217,200
Contingency (10% [Construction + S&A])
$383,700
Total Construction Cost
$49220,500
Engineering and Design (6% Total Construction)
$253,300
Total Project Cost
$49473,800
Federal Cost (100% Construction + E&D for Federal project)
$4,473,800
Project Annual Benefits
$19675,000
Project Annual Costs
$180,000
Benefit/Cost Ratio
9.3:1
c. Project Repair Schedule
Table 8: Project Repair Schedule
RESPONSIBLE
PARTY
MILESTONE TASKS
MILESTONE
DATE
USACE
PIR approval
31 May 2016
USACE
LOA and LER Certification Documents to Public
Sponsor, and Initial Designs for Review NLT
1 June 2016
USACE
EC memo signed by District Commander
7 June 2016
City of Tukwila
Sign LOA
7 June 2016
USACE
E&D complete
7 June 2016
USACE
Solicit contractors
14 June 2016
USACE
Real Estate certifies lands
17 July 2016
USACE
Environmental documentation complete
17 July 2016
USACE
Initiate construction
1 Aug 2016
USACE
Complete construction
15 Sept 2016
d. Project Authentication
1) Program Management: Cathie Desjardin, (206) 764-3452
2) Project Management: Daryl Downing, (206) 764-3550
3) Emergency Management Approval: Doug Weber, (206) 764-3406
e. Technical Points of Contact:
1) Economics: Don Bisbee (206) 764-3713
2) Geotechnical Engineer: Seth Klein (206) 316-3949
3) Civil Engineer: Jen West (206) 764-3511
4) Hydraulics and Hydrology: Dan Katz (206) 764-3271
5) Environmental: Bobbi Jo McClain (206) 764-6968
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6) Cultural Resources: Ashley Dailide (206) 764-6942
7) Real Estate: Diane Hintz (206) 316-4419
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APPENDIX A — SPONSOR LETTER OF REQUEST
LEVEE REHABILITATION "QUEST FORM
U.S. Army Corps of Engineers, Seattle District Date: January 13, 2016
ATTN: Emergency Management Branch, US Army Corps of Engineers
Ms. Catherine DesJardin
PO Box 3755
Seattle, WA 98124
Dear Ms. DesJardin:
The purpose of this letter is to request Rehabilitation Assistance from the Corps of Engineers under Public
Law 84-99 for the repair of the Tukwila 205 Levee. This levee was damaged lby flood waters during the
December 2015 event. The Tukwila 205 project is Active in the Rehabilitation and Inspection Program. The
levee is located on the Green River and there are two areas of the levee that sustained damage.
The first area is slump that is approximately 120 feet in length that begins just upstream of the Tukwila 205
cutoff levee and extends approximately 40 feet downstream into the levee. This damage is located at
approximately River Mile 16.7 on the left bank.
The second area of damage is an area of scour that has exposed rock armor. It is located at river mile 15.8
on the left bank and is adjacent to Mitchel moving and Storage.
Public Sponsor Name:
Project Identification (Levee name):
Sponsor Point of Contact:
Address:
Telephone:
Email address:
City of Tukwila
Tukwila 205
Name: Ryan Larson
6300 Southcenler Blvd, Suite 100
Tukwila, WA
(206) 431.2456
ryan.larson@tukwilawa.gov
I further request that the Corps of Engineers take all necessary steps to accomplish the appropriate repairs.
It is agreed that the required items of local cooperation will be provided should the levee be eligible for
Rehabilitation Assistance under PL 84-99 and the repair work is accomplished by the Corps of Engineers.
I hereby certify that the right-of-way which is required for any authorized repair work is presently available,
and this letter constitutes permission for the Government and its agents to enter and use said right-of-way in
undertaking authorized repair work. We are requesting U.S, Army Corps of Engineers (ACOE) assistance
under Public Law 84-99 Program in implementing a repair project at these locations.
Sincerely,
Ryan Larson, P.E.
Senior Program Manager
Enclosure: Flood Protection Facility Inspection form
Site photos
Tukwila City Holl - 620OSouthcenter, Boulevard - Tukwilq, WA 98188 - 206-433-1800 - lNebsite.*74kwilaWA.gov
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APPENDIX B - PROJECT LOCATION
mi
Levee AEgnment
Figure B2: Damage Location.
500 1,000
Feet
Ni
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
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APPENDIX C — DISASTER INCIDENT
The Tukwila Levee is located on the left bank of the Green River from approximately river
mile (RM) 12.6 to RM 16.9, in the City of Tukwila, in King County, Washington. The levee
extends approximately 4.3 miles along the Green River and is located about 15 miles
downstream of the USGS gage 12113000, Green River near Auburn, WA located at river
mile 32.
High water and flooding occurred in much of northwest Washington due to a series of
modest atmospheric rivers between late October and mid-December 2015. All three events
were driven by high intensity precipitation originating from modest atmospheric river events.
Significant events occurred in the Green River Basin in October, November, and December
2015. The rainfall ranged from 3 to 10 inches in the area over 72 hours for the 01 October to
02 November 2015 atmospheric river event. For the storm of 17 November, the 48-hour
rainfall ranged from 2 to 6 inches. In the storm of 09 December, the 48-hour rainfall was
from 2 to 8 inches.
The river stage at the Green River at Tukwila, Washington (USGS gage 12113350) reached a
peak of 19.83 feet (gage height) on 09 December, approximately 13 -feet above the 16 -year
median stage height. The gage is located at river mile 12.4, 0.2 miles downstream of the
beginning of the levee. A flood stage has not been set for this gage.
One peak flow above flood stage was recorded at the USGS stream gage, Green River near
Auburn (12113000). Smaller events on 01 November and 17 November lead up to the
largest of the three events on 09 December. On the 09 December, the river at the USGS gage
Green River near Auburn (12113000) reached a stage of 63.18 feet (10,700 cfs), a 5 -year
average return interval (20% AEP) based on the April 2005 Revision of the King County
FIS. The river remained above the National Weather Service flood stage of 9000 cfs for
about 67 hours, beginning on 08 December at 0645 hours. The river is regulated by Howard
Hanson Dam located at river mile 64.5. Downstream flows are controlled to 10,000 cfs
during most events and are at 12,000 cfs during drafting of Howard Hanson Dam. Due to
this regulated nature of the river, 12,000 cfs is considered to be discharged for the 10 -year
through 500 -year events. The I0 -year through the 500 -year river profiles are essentially the
same for the Tukwila levee reach. This flood storage reduces the peak stage downstream but
lengthens the duration of somewhat -elevated flows.
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USGS 12113350 GREEN RIVER AT TUKWILA, NR
11i I 1
III �I'�hlll� IUj 6
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N,.
IJII � Ibll,l ,Ili I I�I�ill ��III11 Illi, 6q lug IW I� ��, .................... , L m .
�l
Oct Nov Nov Nov Nov Dec Dec
31 07 14 21 28 05 12
2015 2015 2015 2015 2015 2015 2015
®®®® Provisional Data Subject to Revision ----
Median daily statistic (17 years) ..................Gage height
USGS 12113000 GREEN RIVER NEAR AUBURN, NR
20000
a�
a
0
c�
1000
CIA
r ....
G 300
Oct Nov Nov Nov Nov Dec Dec
31 07 14 21 28 05 12
2015 2015 2015 2015 2015 2015 2015
®®®® Provisional Data Subject to Revision ----
Median daily statistic (54 years) X. Measured discharge
..................Discharge ..................Flood Stage
C-2
I 4"M„i
II�IIII1j�
hiull�il�
Ilm.,il
I
11i I 1
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�l
Oct Nov Nov Nov Nov Dec Dec
31 07 14 21 28 05 12
2015 2015 2015 2015 2015 2015 2015
®®®® Provisional Data Subject to Revision ----
Median daily statistic (17 years) ..................Gage height
USGS 12113000 GREEN RIVER NEAR AUBURN, NR
20000
a�
a
0
c�
1000
CIA
r ....
G 300
Oct Nov Nov Nov Nov Dec Dec
31 07 14 21 28 05 12
2015 2015 2015 2015 2015 2015 2015
®®®® Provisional Data Subject to Revision ----
Median daily statistic (54 years) X. Measured discharge
..................Discharge ..................Flood Stage
C-2
64.0
62.0
4J
V
eP, 60.0
5
4J
L
AO
58.0
L
41
AO
56.0
54.0
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
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USGS 12113090 GREEN RIVER HEAR AUBURN, NR
r-�
Oct Nov Now
Now
Now Dee Dee
31 07 14
21
28 05 12
2015 2015 2015
2015
2015 2015 2015
®®®® Provisional Data Subject
to Revision ®®®®
— Gage height
W
Measured gage height
C-3
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APPENDIX D — PROJECT DAMAGES
Photo Dl: Site 1. Looking upstream at slope failure.
Photo D2: Site 1. Looking downstream at slope failure; debris in foreground.
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Photo D3: Site 1. Looking upstream at bank protection. Proposed repair will match.
Photo D4: Site 1. Looking downstream at road and gravel shoulder.
D-2
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Photo D5: Site 2. Looking downstream at toe damage.
Photo D6: Site 2. Looking upstream at toe damage.
D-3
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Photo D7: Site 2. Looking upstream at damage site.
Photo D8: Site 2. Looking upstream.
D-4
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APPENDIX E - REPAIR ALTERNATIVE
E-1
rhi
I
COOPERATION AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
THE CITY OF TUKWILA
FOR
TUKWILA FEDERAL LEVEE
THIS AGREEMENT is entered into this 27th day 0 August
by and between the Department of the Army (hereinafter the "Government"),
represented by the District Commander for U.S. Army Corps of Engineers Walla
Walla District (hereinafter the "District Commander') and the City of Tukwila
(hereinafter the "Public Sponsor"), represented by its Mayor.
WITNESSETH, THAT:
WHEREAS, the Government constructed the Tukwila Federal Levee
(hereinafter the "Project") which was authorized by Section 205 of the Flood Control
Act of 1948;
WHEREAS, pursuant to Public Law 84-99, as amended (33 U.S.C. 701 n), the
Government is authorized to conduct repair or restoration of the Project (hereinafter
"rehabilitation work", as defined in Article I.A. of this Agreement);
WHEREAS, on January 13, 2016, the Public Sponsor requested in writing that
the Government, undertake the rehabilitation work;
WHEREAS, rehabilitation work consists of repairing the levee to match the
upstream and downstream geometry to restore the levee to the previous level of
protection previously offered at Site 1. The proposed repair includes a 2:1 slope
of Class A riprap. Total construction length will be approximately 200 linear feet
at Site 1; and then graded and covered with a 1 -foot layer of topsoil and
hydroseeded. No work will be done below the ordinary high water mark, as
generally described in Project Information Report (PIR): Rehabilitation of Flood Control
Works, Tukwila Federal Levee, GRN -01-16, dated July 13, 2016, and approved by the
Northwestern Division Commander on July 20, 2016, and Addendum #1 to the PIR
dated March 1, 2024, and approved by the Northwestern Division Commander on
March 7, 2024; and
WHEREAS, the Government and the Public Sponsor have the full authority and
capability to perform the rehabilitation work in accordance with the terms of this
Agreement and acknowledge that Section 221 of the Flood Control Act of 1970, as
amended (42 U.S.C. 1962d -5b), provides that this Agreement shall be enforceable in
the appropriate district court of the United States.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - DEFINITIONS
A. The term "rehabilitation work" means repairing the levee to match the
upstream and downstream geometry to restore the levee to the previous level of
protection previously offered at Site 1. The proposed repair includes a 2:1 slope of
Class A riprap. Total construction length will be approximately 200 linear feet at
Site 1; and then graded and covered with a 1 -foot layer of topsoil and
hydroseeded. No work will be done below the ordinary high water mark, as
generally described in Project Information Report: Rehabilitation of Flood Control
Works, Tukwila Federal Levee, GRN -01-16, dated March 1, 2024, and approved by the
Northwestern Division Commander on March 7, 2024.
B. The term "HTRW" means hazardous, toxic, and radioactive wastes, which
includes any material listed as a "hazardous substance" (42 U.S.C. 9601(14)) regulated
under the Comprehensive Environmental Response, Compensation, and Liability Act
(hereinafter "CERCLA') (42 U.S.C. 9601-9675) and any other regulated material in
accordance with applicable laws and regulations.
C. The term "rehabilitation costs" means all costs incurred by the Government
that are directly related to the design and construction of the rehabilitation work. The
term includes the Government's engineering, design, and construction costs; the
Government's supervision and administration costs; and the costs of historic
preservation activities except for data recovery for historic properties. The term does not
include costs for operation and maintenance; real property interests, placement area
improvements, and relocations; HTRW investigations, cleanup, and response;
betterments; audits; or increased costs to correct deficient, deferred, or inadequate
maintenance, or for the Public Sponsor's preferred alternatives.
D. The term "betterment" means the difference in construction of an element of
the rehabilitation work that results from the application of standards that the Government
determines exceed those that the Government would otherwise apply to construction of
that element.
ARTICLE II - OBLIGATIONS OF THE PARTIES
A. In accordance with applicable Federal laws, regulations, and policies, the
Government shall undertake the rehabilitation work at Federal expense. In carrying out
its obligations under this Agreement, the Public Sponsor shall comply with all the
requirements of applicable Federal laws and implementing regulations, including but not
limited to, if applicable, Section 601 of the Civil Rights Act of 1964, as amended (42
U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto;
the Age Discrimination Act of 1975 (42 U.S.C. 6102); and the Rehabilitation Act of 1973,
as amended (29 U.S.C. 794), and Army Regulation 600-7 issued pursuant thereto.
B. The Public Sponsor shall provide the following, in accordance with the
provisions of this paragraph:
1. As further specified in Article III, the Public Sponsor, at no cost to the
Government, shall provide the real property interests, placement area improvements,
and relocations required for the rehabilitation work.
2. In accordance with Article IV, the Public Sponsor, at no cost to the
Government, shall be responsible for undertaking any investigations required by the
Government for the rehabilitation work that are necessary to identify the existence and
extent of any hazardous, toxic, and radioactive wastes (hereinafter "HTRW"), which
includes any material listed as a "hazardous substance" (42 U.S.C. 9601(14)) regulated
under the Comprehensive Environmental Response, Compensation, and Liability Act
(hereinafter "CERCLA") (42 U.S.C. 9601-9675) and any other regulated material in
accordance with applicable laws and regulations.
C. To the extent practicable and in accordance with Federal law, regulations,
and policies, the Government shall afford the Public Sponsor the opportunity to review
and comment on contract solicitations, including relevant plans and specifications, prior
to the Government's issuance of such solicitations; proposed contract modifications,
including change orders; and contract claims prior to resolution thereof. Ultimately, the
contents of solicitations, award of contracts, execution of contract modifications, and
resolution of contract claims shall be exclusively within the control of the Government.
D. Within 30 calendar days of the District Commander determining that the
rehabilitation work is complete, the District Commander shall so notify the Public
Sponsor in writing. The Government shall furnish the Public Sponsor with an update to
the Operation, Maintenance, Repair, Rehabilitation, and Replacement Manual
(hereinafter the "OMRR&R Manual") to reflect changed conditions resulting from the
rehabilitation work and copies of all as -built drawings for the completed work.
1. The Government undertaking the rehabilitation work has no effect on
the Public Sponsor's responsibility for operation, maintenance, repair, rehabilitation, and
replacement of the Project, to include any additional responsibilities related to the
rehabilitation work, at no cost to the Government. The Public Sponsor shall continue to
operate and maintain the Project in a manner compatible with the authorized purpose of
the Project and in accordance with applicable Federal laws and regulations, and the
Government's specific directions in the OMRR&R Manual. The Government and the
Public Sponsor shall consult on any subsequent updates or amendments to the
OMRR&R Manual.
2. The Government may enter, at reasonable times and in a reasonable
manner, upon real property interests that the Public Sponsor now or hereafter owns or
controls to inspect the Project, and, if necessary, to undertake any work necessary to
the functioning of the Project for its authorized purpose. If the Government determines
that the Public Sponsor is failing to perform its obligations under this Agreement and the
Public Sponsor does not correct such failures within a reasonable time after notification
by the Government, the Government, at its sole discretion, may undertake any
operation, maintenance, repair, rehabilitation, or replacement of the Project. No
operation, maintenance, repair, rehabilitation, or replacement by the Government shall
relieve the Public Sponsor of its obligations under this Agreement or preclude the
Government from pursuing any other remedy at law or equity to ensure faithful
performance of this Agreement.
E. The Public Sponsor shall not use Federal program funds to meet any of its
obligations under this Agreement unless the Federal agency providing the funds verifies
in writing that the funds are authorized to be used for rehabilitation of the Project.
Federal program funds are those funds provided by a Federal agency, plus any non -
Federal contribution required as a matching share therefor.
F. The Public Sponsor shall hold and save the Government free from all
damages arising from the rehabilitation work, and for operation and maintenance of the
Project, except for damages due to the fault or negligence of the Government or the
Government's contractors.
G. The Public Sponsor agrees to continue to participate in and comply with the
policies and procedures of the U.S. Army Corps of Engineers Rehabilitation and
Inspection Program, and of Title 33, Code of Federal Regulations, Part 208.10 (33 CRF
208.10).
H. The Public Sponsor may request in writing that the Government perform
betterments on the Public Sponsor's behalf. Each request shall be subject to review
and written approval by the Division Commander for Northwestern Division. If the
Government agrees to such request, the Government shall provide written notice to the
Public Sponsor of the amount of funds required to cover the costs of such work in
advance of the Government performing the work. In addition, the Public Sponsor is
responsible for providing, at no cost to the Government, any additional real property
interests, relocations, and placement area improvements determined by the
Government to be required for such work.
1. As of the effective date of this Agreement, the costs for betterments are
projected to be $0.
2. No later than 60 calendar days of receiving written notice from the
Government of the costs of betterments, the Public Sponsor shall make the full amount
of such required funds available to the Government by delivering a check payable to
"FAO, USAED, Seattle District G3" to the District Commander, or by providing an
Electronic Funds Transfer of such funds in accordance with procedures established by
the Government. If at any time the Government determines that additional funds are
required to cover such costs, the Public Sponsors shall provide those funds within 30
calendar days from receipt of written notice from the Government. If the Government
determines that funds provided by the Public Sponsor exceed the amount that was
required for the Government to complete such work, the Government shall refund any
remaining unobligated amount.
3. To the extent permitted under applicable Federal laws and regulations,
the Government shall allow the Public Sponsor to inspect books, records, documents,
or other evidence pertaining to costs and expenses maintained by the Government for
the betterments. The Public Sponsor shall pay the costs of non -Federal audits without
reimbursement or credit by the Government.
ARTICLE III - REAL PROPERTY INTERESTS, PLACEMENT AREA IMPROVEMENTS,
AND RELOCATIONS
A. The Government, after consultation with the Public Sponsor, shall determine
the real property interests required for the rehabilitation work. The Government shall
provide the Public Sponsor with general written descriptions, including maps as
appropriate, of the real property interests that the Government determines the Public
Sponsor must provide for the rehabilitation work. The real property interests required
for the rehabilitation work may be provided incrementally for each construction contract.
In accordance with Article IV, the Public Sponsor shall investigate to verify that HTRW
does not exist in, on, or under any of the real property interests required for the
rehabilitation work. For real property interests currently owned or controlled by the
Public Sponsor, such HTRW investigations must be completed prior to the Government
advertising a construction contract for that work. For any additional real property
interests to be acquired by the Public Sponsor, such HTRW investigations must be
completed by the Public Sponsor prior to the Government providing the Public Sponsor
with a written notice to proceed with that acquisition. The Public Sponsor shall provide
the Government with authorization for entry to such real property interests according to
the Government's construction schedule for that work. The Public Sponsor shall ensure
that real property interests they provide are retained in public ownership for uses
compatible with the authorized purposes of the Project.
B. The Government, after consultation with the Public Sponsor, shall determine
the placement area improvements required for the rehabilitation work, provide the
Public Sponsor with general written descriptions, including maps as appropriate, of such
improvements, and provide the Public Sponsor with a written notice to proceed with
such improvements. The Public Sponsor shall construct the improvements in
accordance with the Government's construction schedule for that work.
C. The Government, after consultation with the Public Sponsor, shall determine
the relocations required for the rehabilitation work, provide the Public Sponsor with
general written descriptions, including maps as appropriate, of such relocations, and
provide the Public Sponsor with a written notice to proceed with such relocations. The
Public Sponsor shall perform or ensure the performance of these relocations in
accordance with the Government's construction schedule for that work.
D. In acquiring the real property interests for the rehabilitation work, the Public
Sponsor assures the Government that it will comply with the following:
(1) fair and reasonable relocation payments and assistance shall be
provided to or for displaced persons, as are required to be provided by a Federal
agency under 42 U.S.C. 4622, 4623 and 4624;
(2) relocation assistance programs offering the services described in 42
U.S.C. 4625 shall be provided to such displaced persons;
(3) within a reasonable period of time prior to displacement, comparable
replacement dwellings will be available to displaced persons in accordance with 42
U.S.C. 4625(c)(3);
(4) in acquiring real property, the Public Sponsor will be guided, to the
greatest extent practicable under State law, by the land acquisition policies in 42 U.S.C.
4651 and the provisions of 42 U.S.C. 4652; and
(5) displaced persons will be paid or reimbursed for necessary expenses
as specified in 42 U.S.C. 4653 and 4654.
ARTICLE IV - HTRW
A. The Public Sponsor shall be responsible for undertaking any investigations to
identify the existence and extent of any HTRW regulated under applicable law that may
exist in, on, or under real property interests required for the rehabilitation work.
B. In the event it is discovered that HTRW exists in, on, or under any of the real
property interests needed for the rehabilitation work, the Public Sponsor and the
Government shall provide written notice to each other within 15 calendar days of such
discovery, in addition to providing any other notice required by applicable law. If HTRW
is discovered prior to acquisition, the Public Sponsor shall not proceed with the
acquisition of such real property interests until the parties agree that the Public Sponsor
should proceed. If HTRW is discovered in, on, or under real property interests that the
Public Sponsor currently owns or controls or after acquisition of the real property
interests, no further rehabilitation activities within the contaminated area shall proceed
until the parties agree on an appropriate course of action.
C. If HTRW is found to exist in, on, or under any required real property interests,
the parties shall consider any liability that might arise under applicable law and
determine whether to initiate construction, or if already initiated, whether to continue,
suspend, or terminate construction.
1. Should the parties initiate or continue construction, the Public Sponsor
shall be solely responsible, as between the Government and the Public Sponsor, for the
performance and costs of HTRW cleanup and response, including the costs of any
studies and investigations necessary to determine an appropriate response to the
contamination. The Public Sponsor shall pay such costs without reimbursement or
credit by the Government. In no event will the Government proceed with that
construction before the Public Sponsor has completed the required cleanup and
response actions.
2. In the event the parties cannot reach agreement on how to proceed or
the Public Sponsor fails to discharge its responsibilities under this Article upon direction
by the Government, the Government may suspend or terminate construction.
Additionally, the Government may undertake any actions it determines necessary to
avoid a release of such HTRW with the Public Sponsor responsible for such costs
without credit or reimbursement by the Government.
D. In the event of a HTRW discovery, the Public Sponsor and the Government
shall initiate consultation with each other within 15 calendar days in an effort to ensure
that responsible parties bear any necessary cleanup and response costs as required by
applicable law. Any decision made pursuant to this Article shall not relieve any third
party from any HTRW liability that may arise under applicable law.
E. To the maximum extent practicable, the Government and Public Sponsor
shall perform their responsibilities under this Agreement in a manner that will not cause
HTRW liability to arise under applicable law.
F. As between the Government and the Public Sponsor, the Public Sponsor
shall be considered the owner and operator of the Project, including the rehabilitation
work, for purposes of CERCLA liability or other applicable law.
ARTICLE V - TERMINATION OR SUSPENSION
A. If at any time the Public Sponsor fails to fulfill its obligations under this
Agreement, the Government may suspend or terminate construction unless the
Assistant Secretary of the Army (Civil Works) determines that continuation of such work
is in the interest of the United States or is necessary in order to satisfy agreements with
other non -Federal interests.
B. If the Government determines at any time that the Federal funds made
available for rehabilitation of the Project are not sufficient to complete such work, the
Government shall so notify the Public Sponsor in writing within 30 calendar days, and
upon exhaustion of such funds, the Government shall suspend construction until there
are sufficient funds available to allow construction to resume.
C. If HTRW is found to exist in, on, or under any required real property interests,
the parties shall follow the procedures set forth in Article IV.
D. In the event of termination, the parties shall conclude their activities relating to
rehabilitation of the Project. To provide for this eventuality, the Government may
reserve a percentage of available funds as a contingency to pay the costs of
termination, including any costs of resolution of real property acquisition, resolution of
contract claims, and resolution of contract modifications.
E. Any suspension or termination shall not relieve the parties of liability for any
obligation incurred. Any delinquent payment owed by the Public Sponsor pursuant to
this Agreement shall be charged interest at a rate, to be determined by the 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 VI - RELATIONSHIP OF PARTIES
In the exercise of their respective rights and obligations under this Agreement,
the Government and the Public Sponsor each act in an independent capacity, and
neither is to be considered the officer, agent, or employee of the other. Neither party
shall provide, without the consent of the other party, any contractor with a release that
waives or purports to waive any rights a party may have to seek relief or redress against
that contractor.
ARTICLE VII - 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 delivered personally or mailed by registered or certified mail, with return receipt, as
follows:
If to the Public Sponsor:
Mayor
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
If to the Government:
District Commander
U.S. Army Corps of Engineers, Walla Walla District
201 North 3rd Avenue
Walla Walla, WA 99362
B. A party may change the recipient or address to which such communications
are to be directed by giving written notice to the other party in the manner provided in
this Article.
ARTICLE VIII - 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 IX - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any
rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third
person not a party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
which shall become effective upon the date it is signed by the District Commander.
DEPARTMENT OF THE ARMY
Digitally signed by
WERRACK.KATHRYN.A.1255897299
BY: Date: 2024.09.04 17:14:08 -07'00'
KATHRYN A. WERBACK
LTC, EN
Commanding
City of Tukwila
M
1T8EESigned by:
24380545B44C
UWA.S 9tiG(,c,b�,...
THOMAS MCLEOD
Mayor
City of Tukwila
8/27/2024 112:05 PM PDT
DATE: DATE:
CERTIFICATE OF AUTHORITY
Kari L. Sand
I, , do hereby certify that I am the principal legal officer for
the City of Tukwila, that the City of Tukwila is a legally constituted public body with full
authority and legal capability to perform the terms of the Rehabilitation of Flood Control
Works — Tukwila Levee - DACW68-9-24-30 between the Department of the Army and City
of Tukwila in connection with the Tukwila Federal Levee, and to pay damages, if
necessary, in the event of the failure to perform in accordance with the terms of this
Rehabilitation of Flood Control Works — Tukwila Levee - DACW68-9-24-30, as required
by Section 221 of Public Law 91-611, as amended (42 U.S.C. 1962d -5b), and that the
person who executed this Rehabilitation of Flood Control Works — Tukwila Levee -
DACW68-9-24-30 on behalf of the City of Tukwila acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
27 day of August 2024.
Signed by: ((11
U l d. as ,&
4165E452—
Kari Sand
City Attorney
City of Tukwila
Enclosure 3
FEDERAL SPONSOR'S
SELF -CERTIFICATION OF FINANCIAL CAPABILITY
FOR AGREEMENTS
Tony Cullerton
I, , do hereby certify that I am the Chief Financial
Officer or equivalent Official of the City of Tukwila (the "Federal Sponsor"); that I am
aware of the financial obligations of the Federal Sponsor for the Tukwila Federal Levee;
and that the Federal Sponsor has the financial capability to satisfy the Federal Sponsor's
obligations under the Rehabilitation of Flood Control Works — Tukwila Levee - DACW68-
9-24-30
IN WITNESS WHEREOF, I have made and executed this certification this 27 day
of August , 2024.
Signed by:
BY: 1-6v l WXYfbin,
TITLE: Deputy Finance Director
8/27/2024 1 12:59 PM PDT
DATE:
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 31 U.S.C. 1352.
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.
ESigned by:
l bwtaS h(,�u,
Thomas McLeod
Mayor
City of Tukwila
8/27/2024 1 12:05 PM PDT
DATE:
CERTIFICATION OF LANDS AND AUTHORIZATION
The Public Sponsor does hereby grant to the United States of America, its
representatives, agents and contractors, an irrevocable right, privilege and permission
to enter upon the lands hereinbefore mentioned for the purpose of prosecuting the
project.
The Public Sponsor certifies to the United States of America that any lands acquired
subsequent to the execution of the Cooperation Agreement that are necessary for this
project have been accomplished in compliance with the provisions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, (Public Law
91-646) as amended by Title 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.
DATE:
8/27/2024 1 12:05 PM PDTB
Y
I1Signedby:
1-6maS h(,W
8EE24380545B44C...
Thomas McLeod
Mayor
City of Tukwila
Enclosure 4
ATTORNEY'S CERTIFICATE
RE: Certification of Lands and Authorization for Entry for the Tukwila Federal Levee,
King County, Was ington.
Kari L. Sand
I, , an attorney admitted to practice law
in the State of Washington certify that:
I am t e attorney for the City of Tukwila. I have examined the title to
8700400190 and 8700400070 [Parcel # (s)] of land
identified by the U.S. Army Corps of Engineers as needed for all levee system damage
sites identified and approved in the Rehabilitation of Flood Control Works — Tukwila
Levee - DACW68-9-24-30, located near the City of Tukwila, in King County, Washington
and included in the Certification of Lands and Authorization For Entry document to
which this Certificate is appended.
The Public Sponsor is vested with sufficient title and interest in the described
lands required by the United States of America to support the construction, operation,
and maintenance of the Tukwila Federal Levee.
There [ ] are (see attached Risk Analysis) $/are no outstanding third party
interests of record that could defeat or impair the title and interests of the Public
Sponsor in and to the lands described, or interfere with construction, operation, and
maintenance of the Project. Such interests include, but are not limited to, public roads
and highways, public utilities, railroads, pipelines, other public and private rights of way,
liens and judgments. To the extent such interests existed prior to acquisition of the
described lands by the Public Sponsor such interests have either been cleared or
subordinated to the title and interests so acquired, except as provided in the attached
risk analysis.
The City of Tukwila has authority to grant the Certification of Lands and
Authorization for Entry to which this Certificate is appended; that said Certification of
Lands and authorization for entry is executed by the proper duly authorized authority;
and that the authorization for entry is in sufficient form to grant the authorization therein
stated.
DATED AND SIGNED at Sammamish , this 27 day of
Auqust , 2024.
Signed by:
r�,�,
Kari Sand
City Attorney
City of Tukwila
RISK ANALYSIS FOR OUTSTANDING
THIRD PARTY INTERESTS
RE: Certification of Lands and Authorization for Entry for the Tukwila Federal Levee,
King County, Washington.
There are outstanding third party interests of record in and to the lands required for
the Project. An evaluation of those interests is as follows:
1. IDENTIFICATION OF THIRD PARTY INTERESTS:
2. ASSESSMENT: (Discuss whether the exercise of that interest is likely to
physically impair the Project. Discuss the legal implications if the interest is not
cleared or subordinated. Discuss the practical impediments to the exercise of
the interest such as any required permits, land use restrictions, or
compensation.)
3. PLAN TO RESOLVE: (Discuss recourse available to protect the Project in
the event the outstanding interest is exercised).
Signed.
Signed by:
la tit d- aana Q 8/27/2024 1 11:15 AM PDT
SE499CA4165E452... DATE
Kari Sand
City Attorney
City of Tukwila