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Home My WebLink About25-162 - Contract - US Army Corps of Engineers - Levee Repair Cooperation Agreement25-162 Council Approval N/A COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF TUKWILA FOR TUKWILA FEDERAL LEVEE THIS AGREEMENT is entered into this 5th day of May , 2025 , 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. 701n), the Government is authorized to conduct repair or restoration (hereinafter "rehabilitation") 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 rehabilitation of the project; WHEREAS, rehabilitation of the project consists of repairing the 600 -foot eroded slope with well keyed and appropriately sized riprap at a 1.5:1 slope so as not to encroach on the levee toe nor the existing river channel. The existing slope will need to be excavated from the toe of levee to the toe of slope to create a consistent slope for riprap placement. Willow bundles will be planted above the ordinary high-water line, as generally described in Project Information Report (PIR): Rehabilitation of Flood Control Works, Tukwila Federal Levee, GRN -0I-16, dated July 13, 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 of the project 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 600 -foot eroded slope with well keyed and appropriately sized riprap at a 1.5:1 slope so as not to encroach on the levee toe nor the existing river channel. The existing slope will need to be excavated from the toe of levee to the toe of slope to create a consistent slope for riprap placement. Willow bundles will be planted above the ordinary high-water line, as generally described in Project Information Report (PIR): Rehabilitation of Flood Control Works, Tukwila Federal Levee, GRN -01-16, dated July 13, 2016, and Addendum 41 to the PIR 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 rehabilitation of the project. 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 rehabilitation of the project 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. 9601-9670 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 rehabilitation of the project 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 rehabilitation of project and copies of all as -built drawings for the completed work. 1 The Government undertaking rehabilitation of the project 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 rehabilitation of the project, 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 rehabilitation of the project, 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 USACE 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 such costs in advance of the Government performing such betterments. 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 betterments. 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 of the project. 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 rehabilitation of the project. The real property interests required for the rehabilitation of the project 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 rehabilitation of the project. 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 rehabilitation of the project, 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 rehabilitation of the project, 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 rehabilitation of the project, 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 rehabilitation of the project. 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, 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. I . Should the patties 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 patties 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 IS 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 V. 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 parry, any contractor with a release that waives or purports to waive any rights a parry 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 Southeenter 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 parry 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 KATHRYN A WERBACK LTC, EN Commanding THE CITY OF TUKWILA SHigned by: .Y: KAM I I/ LS1 f Mayor City of Tukwila DATE: DATE: 5/5/2025 1 10:18 AM PDT CERTIFICATE OF AUTHORITY Kari L. sand , 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 - DACW68-9-25-23 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 - DACW68-9-25-23, 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 - DACW68-9-25-23 on behalf of the City of Tukwila acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this 5th day of May 2025. Signed b V Kari S -and" -'---- City Attorney City of Tukwila Enclosure 3 FEDERAL SPONSOR'S SELF -CERTIFICATION OF FINANCIAL CAPABILITY FOR AGREEMENTS Aaron Belli 11 er , 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- 9-25-23. IN WITNESS WHEREOF, I have made and executed this certification this 5th day of May , 2025. Signed by: BY: LaArm, °�c,�.i(,Jur TITLE: Finance Director DATE: 5/5/2025 1 9:56 AM PDT 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. rSigned by: Kos k(�U� 'fio as c eo Mayor City of Tukwila DATE: 5/5/2025 1 10:18 AM PDT 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. Signed by: � DATE: s/5/2025 110:18 AM PDT B V-G�th. Y Thomas IIcLeo M ayor City of Tukwila Enclosure 4 ATTORNEY'S CERTIFICATE RE: Certification of Lands and Authorization for Entry for the Tukwila Federal Levee, King County, Washington. Kari L. sand , an attorney admitted to practice law in the State of Washington certify that: I am the attorney for the City of Tukwila. I have examined the title to Parcels 8700400100, 3523049082, 352304908, & 3523049014 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 - DACW68-9-25-23, 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 Tukwila, WA , this 5th day of May 2025. Signed by: Kari M&" 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: DATE 5/5/2025 1 1:35 PM PDT Kari an City Attorney City of Tukwila 0' k CENWW-RO DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA, WA 99362-1876 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. 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. R. Herres usace.arm.mil. 3 Encls 1. Original PIR 2. Amended PIR 3. Environmental Update Y'." 0�J& LUKE J. FULLERTON Chief, Readiness Branch Walla Walla District .•• • --• . • .�,TL07M X concur non -concur 9&;�� x- �Uv JOHN K. LEIGHOW Chief, RCO Northwestern Division K LEIGH OW.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. Downing/PM-CP s - 0, y Ifft/ENrY� Desj arO OD EI�1 Weber/ -( �O Reese/OD /k� 76 " U 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 IH: IV 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: IV 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: IV 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 $4,220,500 Engineering and Design (6% Total Construction) $253,300 Total Project Cost $4,473,800 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 1 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 1.5-2.0H:1V, while landward slopes are at 2.0-5.01-1: IV. 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 2 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 Daman 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 IH: IV 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: IV. 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: IV 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 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: IV, 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: IV. 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: IV 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 proj ect 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 -O1-16, 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 6 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 Proiect (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. WithProiect (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. Proiect 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 $4,473,800 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). PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 Table 4: Comparison of Without -Project and With -Project Structure Damages - EAD Return Exceedance Period (yr) Probability Proj ect 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. 10 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 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 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 11 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 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 NRNP, five are officially not eligible for listing in the NRHP, 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 12 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 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 13 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 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 maybe 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 14 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 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 (N WP) 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 proj ect 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. 15 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 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 $4,220,500 Engineering and Design (6% Total Construction) $253,300 Total Project Cost $4,473,800 Federal Cost (100% Construction + E&D for Federal project) $4,473,800 Project Annual Benefits $1,675,000 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 16 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 6) Cultural Resources: Ashley Dailide (206) 764-6942 7) Real Estate: Diane Hintz (206) 316-4419 17 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 APPENDIX A - SPONSOR LETTER OF REQUEST LEVEE REHABILITATION REQUEST 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 tlhe repair of the Tukwila 205 Levee. This levee was damaged by 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 Southcenter 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 consfitutes 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 (ACOS) 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 Nall - 6200 Southcenter Boulevard - Tukwila, WA 98188 - 206-433-1800 - Website: TukwilaWA.gov A-1 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 APPENDIX B - PROJECT LOCATION Levee Location Levee Profile Cross Section (Sta. 191+00) Legend CrossSection • Stations Centerline 45 40 .µ 35 (ft) 30 .� ...................... ...................... 25 ................................................................. 0+0 50+00 100+00 150+00 200+00 250+00 station (ft) 0 600 1,200 2,400 3,600 Figure Bl: Location Map K Feet Damaged Section . . . ... ... .. Levee Align:ment Figure B2: Damage Location. 500 '17,000 Feet N I N PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 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 10 -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. C-1 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 USGS 12113359 GREEN RIVER AT TUKWILA, NA 5 Oct Nov Nov Nov Nov Dec Dec 31 07 14 21 28 05 12 2915 2015 2915 2915 2915 2915 2915 --_- Provisional Data Subject to Revision ---- - Median daily statistic (17 years) Gage height USGS 12113000 GREEN RIVER NEAR AUBURN, NR 20000 c 0 0 10000 N L 0 CL h R, 1000 as L G 399 Oct Nov Nov Nov Nov Dec Dec 31 07 14 21 28 05 12 2015 2015 2015 2015 2015 2015 2015 ---- Provisional Data 'Soh.„ject to Revision ---- Median daily statistic (54 years) ; Measured discharge Discharge .............. Flood Stage C-2 64.9 62.9 V DA Co 56.9 54.9 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 USGS 12113999 GREEN RIVER NEAR AUBURN, NR 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 X Measured gage height C-3 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 APPENDIX D — PROJECT DAMAGES Photo DI: Site 1. Looking upstream at slope failure. Photo D2: Site 1. Looking downstream at slope failure; debris in foreground. D-1 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 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 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 Photo D5: Site 2. Looking downstream at toe damage. Photo D6: Site 2. Looking upstream at toe damage. D-3 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 Photo D7: Site 2. Looking upstream at damage site. Photo D8: Site 2. Looking upstream. D-4 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRN -01-16 APPENDIX E - REPAIR ALTERNATIVE E-1 lO x 16 -TO TFIC INCH ®7 x 1(P INCHES TOKQJL�A - -7 t7 -E I 1 '4H ii I LAI 7. - I f 1 11 7- _� I T- ILLL 10 x 10 TO THE INCH -7x 10 INCHES TUKWILA - f/7 -E 2 T7,+-[_I�_ - F 1-F- . . . . . . . . . . . . ... T 77- j'7� 7 7 -7 L _-T F 7-f- _j -H-1 + 77 i 7 7_7 7 17 "l-7 W. IF r 71 1 77- -1 v -F-r- .... ...... . . �r 7�. _T- 4[d 77- '�t7, 7 _77T _T _7 I F 7 1 1-TEIj F7, r 7 7 -F-F _j L L ---i . ... ..... ...... L.L I A, AT -4T, T I I I 7 177 17- -.4 7 . .4- 7-71 T 1m1 -7 - f (r_L L ELI- 1-1- I __E S 1-1--i- L T"I A_J 774qfC� -H L I I -7 + ... . ] . ZE _ 7 _L I 7- � - I.. - _Ll _1_- _t _L -.1- J. 4 - -- ---- --- 77 -F 7 7 7- E_ 1, 7- ____7 __LLj_ F -1 T 1, L ff _4- - - 7`7 7- _7i '7T I j L l I l.. _L .... .. . . 1 J_ tj 7 7 T Figure E2: Recommended Design Concept for Site 2 L LL 1-ff---- -- -