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HomeMy WebLinkAboutSWP272879 200 f icl_% F2 - 13 T23N ME E 1/2 p - Is ce•z y ! ,-. e.1 _akesdai ;. .. ,• � 3 ° - 20I2-2 z0.62-11 In oj Q)� cu 3 !, 4J ,r ±I ZJ �c o. e 1 ae I: z0.c]-� N Ci- ,. 042-7 1 20.G7-2 P 26:GS 7 Po.W=e ! PO.G3-14 E 1 a 2044-14 2044-6 A. 31 � oH4-1 e tie 6 1I 20.G]-] " � � OH 6-4MetrO 20. _9 S ,f _ / / I 2044-1 20.G 20 -6 2LN-7 � I .W -= . �� OH�•S - `.�"t LOGL-3 21.14-1 ( >> f ) C \ l�^?_ ..7 20.H4 21F -1 z.e4- zl, L-i 4 1 `\ p 20HL-6 20.HL-9 U 26 ,-le w y H 1.1.-2 2o.c4-Is III L S`� ` t - -3- I �/ I 20,G -4'�� -_--. -� 21.13-7 21.C3-7 1 2y 20M-i mom _ w ` .] -LOS o �•. 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TRAIL - —�- - -�-- - �.� LEGEND EXISTING FEATURES PROPOSED SHRUBS LOW SHRUB MIX TREES AND SHRUBS LOW OREGON GRAPE, SALAL METRO SEWAGE TREATMENT PLANT —•— —•— —.— —.- FENCE MEDIUM SHRUB MIX ACCESS TRAIL FROM DRAINAGE SWALE TALL OREGON GRAPE. BLACK GOOSEBERRY, METRO SEWAGE TREATMENT RED FLOWERING CURRANT, SNOWBERRY PLANT BRIDGE PROPOSED TREES TALL SHRUB MIX RED-TWIG DOGWOOD, TALL OREGON GRAPE, BLACK COTTONWOOD CALIFORNIA WAX MYRTLE. CALIFORNIA (POPULUS TRICHOCARPA) HAZEL. NOOTKA ROSE 4SR0402. WESTERN RED CEDAR SITE PREPARATION 1/ \ (THUJA PLICATA) 1 - . REMOVE EXISTING BIACKBERR[ES, REED CANARY GRASS C �'• AND OTHER WEEDS AND GRASSES. 5R ® �R IIo`1 o DOUGLAS FIR v "SS (PSEUDOTSUGA MENZIESII ) 2. SPREAD COMPOST OVER PLANTING AREAS. U ®e �sA� �ti® 3. SEED PLANTING AREAS FOR EROSION CONTROL. �M,� - 1tG0M TAT FED.AID PROJ.NO. SR 405 E BY D.PETERS ■a.10 WASH ENTERED BY K.MCLEAN �!MCIII " �► SR 167 (tC A =vf�NTERED CH CKED B EY J.WRIGHT JOSM,.ecn _ PROJ. ENGR. on" Washington State Department of Transportation CONTRACT NO.REGIONAL ADM. J.OKAMOTO a BY STREAM BUF �? =NH '%v"_ 'N-_ - E ' DATE DATE REVISION as.- ,� ' c v� po0 t 0 OO 0 O o 0 0 00 0 0 D OO po 0 �po0 t u OO p 0 E WO 00 o13 00 0 0 0 co 0 v p 0 po O 0 o 0 //\/\� \-� o0 0 0 0 00 0 /\ \,��\ J �' o0 0 0 0 0 0 0 o ��,. i\\%\ \ O 0 0 0 0 0 0 0 l i /..//., /i. p 0 0 0 0 I \\ o 0 0 O o i m VARIES VARIES VARIES 1 a 2 m v I I 'n S MAL E TALL MIX MEDIUM MIX (00 NOT STREAM BUFFER LOW MIX DISTURB) PATH (DO NOT DISTURB) STREAM 0 I TBIOFILTRATION ao EROSION CONTROL rnN (PLANT WITH C� OSREN 0Z SPECIAL SEED MIX) 60. 405, 51e l(ol yew l AOLA U OU1478 Ot NO. STATE FEO.AIO PROJ.NO. DESIGNED BY L NTERED BY 10 MASH _, SR 405 HECKED Br Washington State SR 167 I/C M001FICATION ROJ. ENGR. J0"'""°�"GIONAL ADM. Department of Transportation s.ccT cariucr ro. DaT DATE I REVISION er I LUSTRAT I VE HILLSIDE CROSS-SECTION or TM[[TT AM Washington State Northwest Region Department of Transportation 15700 Dayton Avenue North Sid Morrison P.O.Box 330310 Seattle,WA 98133-9710 Secretary of Transportation (206)440-4000 CF 11 4 °� APB 1 2bgl April 13, 2001 CITy Y SOY R NTO City of Renton SR 4041 Attn.: Allen Quynn SR 405 and SR 167, 1055 South Grady Way Interchange modifications, OL3478 Renton, WA 98055-3232 Construction Permit-405REN02 Dear Mr. Quynn: The Washington State Department of Transportation is currently preparing plans for the referenced project. This project will modify the interchange of SR 405 and SR 167. Impacts caused by this project need to be mitigated as a commitment to National Marine Fisheries Services. It's my understanding the design office responsible for developing this contract has been working with you to find a suitable site on city property. Enclosed are a vicinity map showing the general location for the proposed mitigation site, a contract plan sheet"Stream Buffer Enhancement" showing the general area for trees and shrubs and a cross section of our proposed plan. We understand the city council of Renton has supported the coceptual idea along with the city Surface Water Department. Two copies of the plan shFet�s are enclosed. Please review our proposal and if acceptable we request the city issue aght of Way Use Permit authorizing the State and our contractor to access the site by way of the adjacent trail and construct the stream buffer enhancement as shown on the enclosed plan sheets. At this time the contract is scheduled for advertisment on April 30, 2000. If you have any questions, please call Joslyn Slaughter at 206/440-4725. t- ,F Sincerely, NCE G. P EN, P.E. egional Local Programs Engineer TGP/JLS/js Attachments cc: Local Programs: Construction Permits Design: J.Johnson/M.Quinteiro, MS143 1 CP.167REN05.l.lv.do c 4/13/2001 %CAIk- -f7 G q4-;q e, / G�/�i'T/✓d-P . �C:vu�.,,.r�l (`T v� mac, Zoo f F2 - 13 T23N ME E 1/2 -, IS.Ce-1 `,_ J�1 1 �..:�.."::! ��\.._- �.... t0.dt'6. .- .•'_ _. ... _ YON24-'_. /' 1 nkesdal .. 1nO O / PO.G2-3 �x - V J\ vvv tO,Gt-7 -- 3 20f2-2 \\ 20.G2-II G7 20.G2-2 a.cz-10 \ PO.G3-. O 0 mell-i UC 0.152-7 t0 OS-7 � Yd3n-CM 2044-11 lll� t 1I i �J: 1 20.04-1 20.G1-eIl. -`� \ 20.G3-6 OW-1 1; + , I 0 ''21 .-e P 0• 4 OH.-1 �, , 20.G7-3 i� 1pth e S a Metro ,1 ,Q I 77 N. . 20.G.-) 20.G.-6 - -21.e4-7 20.Gk. 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OU3477 21 C9-1 21.0 o 142 25 T23N R4E E 1/2 200 4Q0 Y 1 ---- Renton City Limits 1:4�©00�� G 2 UTILITIES DIVISION � A + Coatoar Ynttlrrrls OS or LO ucten $ Pi/03/99 r><cwL s>�tv><c 24 T23N ME E 1/2 �N,tp 12/03/99 ��m: NAVD 1468 l�utere A<c-ess r7b . . �dog 1 • s SPRINGSROOK CREEK - 20 m 80 m - - TRAIL ti �.� LEGEND EXISTING FEATURES PROPOSED SHRUBS TREES AND SHRUBS LOW SHRUB MIX LOW OREGON GRAPE, SALAL METRO SEWAGE TREATMENT PLANT —.— —,— FENCE MEDIUM SHRUB MIX ACCESS TRAIL FROM - - - DRAINAGE SWALE TALL OREGON GRAPE, BLACK GOOSEBERRY, METRO SEWAGE TREATMENT RED FLOWERING CURRANT, SNOWBERRY PLANT BRIDGE PROPOSED TREES TALL SHRUB MIX - ® RED-TWIG DOGWOOD, TALL OREGON GRAPE, BLACK COTTONWOOD CALIFORNIA WAX MYRTLE, CALIFORNIA ���� (POPULUS TRICHOCARPA) HAZEL, NOOTKA ROSE WESTERN RED CEDAR SITE PREPARATION - (THUJA PLICATA) 1. REMOVE EXISTING BLACKBERRIES, REED CANARY GRASS AND OTHER WEEDS AND GRASSES. c P.LAW40% �• DOUGLAS FIR a cP5Eu00TSUGA MENZIESII ) 2• SPREAD COMPOST OVER PLANTING AREAS. u ®` 3�"�71 3. SEED PLANTING AREAS FOR EROSION CONTROL. 23 "E010" TAT FED.AID PROJ.NO. DESIGNED 8Y O.PETERS SR 40510 WASH NTERED BY K.MCLEAN �► Washington State SR 167 I/C MODIFICATION E CHECKED BY J.WRIGHT _roe ,wece I PROJ.—EN . MAP Department of Transportation f REGIONAL ADM. J.OKAMOTO carR.cr o. STREAM BUFFER ENHANCEMENT CONCEPT ? GATE GATE REVISION BY c rn 000 0 00 0 0 p 0 0 00 0 0 rn 000p 0 $00 ui E z0 0 oO 0p 0 0 00 u-i0 0 CO LL 0 V 0 0 0 O A ^ _ p tD 0 O N n \ii\%\i ��'� po 0 0 0 00 0 0 0 00 �\ o 0 0 C0 � I O p M VARIES VARIES VARIES I. m a 2 m i v � I v SWALE TALL MIX MEDIUM MIX (00 NOT I STREAM BUFFER LOW MIX DISTURB) PATH (00 NOT DISTURB) STREAM I 0 t N BIOFILTRATION � fROSIONWIONTROL N C'P'� oSREN 0Z rn SPECIAL SEED MIX) Y = 60,4. 40151 NZ 10 YC hod. O y ;&k OL06478 � fi. . 0- 3 FED.AID PROJ.NO. ;x DESIGNED BY ENTERED BY ]0 MASH SR 405 PROD.CHECKED BY Washington State SR 167 I/C MOOIf1CATI0N PROJ. ENGR. REGIONAL ADM. Department of Transportation J.E to"riucr rp- - DATE GATE REVISION gY a I -LUSTRATIVE HILLSIDE CROSS-SECTI N SHEETS �Y RECEIVED CITY OF RENTON OCT 3 0 2001 CITY CLERK DIVISION "r N R TON UTIiEmS MEMORANDUM DATE: October 30, 2001 TO: Allen Quynn FROM: Suzann Lombard x6521 eieLl SUBJECT: Temporary Construction Agreement WA Dept. Transportation —SR 405/SR 167 Flyover Project The attached document has been recorded with King County, and a copy is being returned to you. Please forward to parties of interest (if appropriate), and retain a copy for your file. Since this document was filed by Pacific NW Title, we do not have any indexing information. Please provide a purple sheet with pertinent reference numbers and keywords at your earliest opportunity. We had a copy of this document associated with CAG-01-124, the MOU regarding the Riparian Habitat and the flyover project. We need confirmation that a copy of this document should be placed in this file and not any other files. Thank you. Enclosures: (1) Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055-3232 20010816001754 PACIFIC NW TIT AG 10.00 PAGE 001 OF 003 08/16/2001 14:08 KING COUNTY, WA Title: Temporary Construction Property Tax Parcel Number: 242304-9098 Agreement FILED BY PNW7 CA 9 (o Mitigation for SR 405/SR167 Flyover Project 0 Grantor(s): Grantee(s): 1. City of Renton,a Municipal Corporation 1. Washington State Department of Transportation The Grantor,for and in consideration of mutual benefits,does by these presents,grant unto the Grantee herein,its r-_ successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: 0 LEGAL DESCRIPTION: A portion of the North Half of Section 24,Township 23 North,Range 4 East,W.M.,in King County,Washington described more particularly on the attached Exhibit CXD "A" page 3 hereof. Q r piq ,. -��t'Z3 0 For the purpose of planting, installing,repairing,replacing,maintaining natural riparian habitat in the vicinity of o the Springbrook Creek buffer including the removal of existing invasive plants and installation of endemic cl-i species according to the approved project plans and monitoring 1. Grantee shall, at its own cost and expense, maintain, replant, alter, replace, and shall do all things necessary to keep said project mitigation conforming to the project plan. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Agreement Areas for the purpose of maintaining,repairing,altering, replacing or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Agreement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Agreement Areas. 3. Any damage to Grantor's trail surfaces caused by Grantee,their contractors,employees or agents, shall be repaired at Grantee's expense by saw cutting,removal and replacement process and/or overlay as required after consultation with Grantor's Parks Department Director or designated staff. 4. Grantee shall provide reasonable written notice to Grantor's Parks Department Director prior to entering the Agreement Areas or performing work thereon, and coordinate all on-going maintenance with Grantor's Parks Department. Grantee agrees to keep the Agreement Areas free of liens or encumbrances arising out of any of the work performed on the Agreement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 5. Grantor shall retain the right to use the surface area within the Agreement Area provided that in the event any portion of the project property is used for any other purpose, Grantor shall notify Grantee of such alternate use and provide an alternative mitigation site in the vicinity for relocation of the mitigation project. Any such relocation shall be at the sole cost and expense of Grantee. 6. Grantee shall provide and post signs indicating the dates and scope of any work in the Agreement Areas, including any trail closure dates,and provide detour routes for any closures. Signs shall be posted at SW 7`'Street and also at SW Grady Way trail access points. Said document was filed for record by Pacific accommodation only. ft has not been examined as to proper execution or as to its effect upon title. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This agreement shall become effective upon execution by the Grantor from date hereof,and shall continue through the completion of project construction plus the requisite three-year monitoring period and shall expire upon the earlier of the end of the monitoring period or December 31,2006. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this 27thday of July , 2001. Approved and Accepted By: Gra (s): City of Renton \\\ Grantee(s): Sta of Washington . F r Jesse T r I SeAt � City Clerk M .lyn J. P n o ' o �iiinnmm�aw��` STATE OF WASHINGTON ) o ) ss. COUNTY OF KING ) o I certify that on the 27th day of July , 2001 JESSE TANNER appeared before me c©v and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said City. gyp. Lpk44 . V,' ,,� �i�(Signa of Notary) N =p • =� iSuzann D. Lombard � U '14 Print or stamp name of Notary) ,'',,,�9•Qq 0,.-',gyp Vj -�0 - NOTARY PUBLIC in and for the State I op wov of Washington,residing at Seattle My appointment expires: 9/9/01 Page 2 EXHIBIT "A" MITIGATION SITE LEGAL DESCRIPTION That portion of the following parcel, BEGINNING at the True Point of Beginning of said parcel; Thence southeasterly along the final curve referenced in said parcel description with radius of 9.15 feet, a distance of 12.67 feet; Thence S 11'34'46"E,a distance of 311.39 feet; Thence N 78'25'14"E, a distance of 10 feet,to the True Point of Beginning; Thence S 11'34'46"E,a distance of 350 feet; Thence N 78°25'14"E, a distance of 29 feet; Thence N 11'34'46"W,a distance of 350 feet; Thence S 78°25'14"W, a distance of 29 feet, more or less,to the True Point of Beginning. PARCEL: 242304-9098 That portion of the North Half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: BEGINNING at the North Quarter corner of said Section 24,thence S 00°55'30"W, along the north-south centerline of said Section 24, a distance of 159.12 feet, to a point on the southerly line of a tract of land recorded under King County Recording Number 730 1 1 80480; Thence S 89°04'30"E,along said southerly line a distance of 439 feet; Thence S 00°55'30" W, a distance of 300 feet to a point on the northerly margin of a parcel owned by METRO and the True Point of Beginning; Thence along said north margin N 89°04'30"W, a distance of 238.60 feet; nThence N 73°04'46" W, a distance of 46.48 feet to a point of curvature the center of which bears N r 16°55'12"E,with a radius of 431.53 feet; o- cs Thence northerly along said curve 425.13 feet to a point on the north line of the Burlington Northern CD Railroad property; Thence S 73°04'46" E, along said north line, a distance of 495.13 feet to a point of curvature the center of ar which bears S 16°55'14"W with radius of 500 feet; o Thence southeasterly along said curve 536.69 feet; Thence continuing along the easterly line of said Burlington Northern Railroad property S 11°34'46"E , a distance of 1351.65 feet to the southerly line of the former Burlington Northern Railroad right of way; N Thence S 77°25'43"W,along said southerly line, a distance of 118.05 feet; Thence N 18°39'08"W, a distance of 100.57 feet; Thence N 77°25'43"E,a distance of 20.43 feet; Thence N 12°48'36"W,a distance of 64.02 feet; Thence N 11'34'46"W, a distance of 29.75 feet; Thence S 78°25'14"W,a distance of 30.73 feet; Thence N 18°39'08" W, a distance of 318.94 feet to a point on the westerly line of said Burlington Northern Railroad property; Thence N 11'34'46"W, a distance of 783.48 feet; Thence S 78'25'14"W,a distance of 10 feet; Thence N 11'34'46" W, a distance of 311.39 feet to a point of curvature the center of which bears S 78°25'14"W with a radius of 9.15 feet; Thence northwesterly along said curve a distance of 12.67 feet to the True Point of Beginning; LESS that portion, if any, in the plat of Washington Technical Center as recorded in Volume 122, pages 98-102,records of King County, Washington. WSDOT TCE Legal/tgb/5-30-01 Page 3 PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT Y Renton City Hall 1055 South Grady Way, Renton, WA 98055 ❑ UTILITY SYSTEMS DIVISION 425.430 7234 Fax: 425.430.7241 ❑ TRANSPORTATION SYSTEMS DIVISION 425.430.7321 Fax: 425.430.7376 To: DATE: JOB No. RE: WE ARE SENDING YOU ❑ ATTACHED ❑ Under Separate Cover via the following items: ❑ SHOP DRAWING ❑ PRINTS ❑ REPRODUCABLE PLANS ❑ SPECIFICATIONS ❑ ORIGINALS ❑ COPY OF LETTER ❑ COPIES DATE NUMBER DESCRIPTION / REMARKS MESSAGE: These are transmitted as checked below: ❑ FOR SIGNATURE APPROVAL ❑ APPROVED AS SUBMITTED ❑ RESUBMIT COPIES FOR APPROVAL ❑ FOR YOUR USE ❑ APPROVED AS NOTED ❑ SUBMIT COPIES FOR DISTRIBUTION ❑ AS REQUESTED ❑ RETURNED FOR CORRECTIONS ❑ RETURN CORRECTED PRINTS ❑ FOR REVIEW AND COMMENT ❑ ❑ PRINTS RETURNED AFTER LOAN TO US Copies to: From: IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. PBPW5001 09/99 bh Brian S. Bigler Fisheries Biologist WSDOT Environmental Services 206-440-4951 bigierb@wsdot.wa.gov Fax:206-440-4805 Northwest Region 15700 Dayton Avenue North,NB82-138 PO Box 330310,Seattle,WA 98133-9710 MAIF Washington State Department of Transportation For Traveler Information, including Puget Sound area traffic,mountain pass reports, ferry schedules, highway closures and more: Toll-free statewide: 1-800-695-ROAD(695-7623) In Seattle:(206)DOT-HIWY(368-4499) Internet: www.wsdot.wa.gov/ The WSDOT Mission Statement: Together we efficiently build,maintain;operate and promote safe and coordinated transportation systems to serve our public. uynn - Memorandum of Un erstanding Page 1 - From: "Bigler, Brian S." <BiglerB@WSDOT.WA.GOV> To: "Allen Quynn (E-mail)" <aquynn@ci.renton.wa.us>, "Johnson, John" <JohnJoh@WSDOT.WA.GOV> Date: 2/26/01 4:15PM Subject: Memorandum of Understanding Allen, This is a draft MOU that WSDOT feels is necessary to demonstrate a good faith with NMFS. I've written this loosely, and we're open to anything you'd like to change. You're the first person to review this, and be advised that our landscape people are working on a cost estimate to be included ("Not To Exceed") later. I've highlighted two things on the last page that require your attention: who would be the liaison to WSDOT(you?), and who in your office should sign this? Please understand that this is not intended to get Renton into a unexpected situation, but it's merely something that NMFS will expect WSDOT to provide. <<Memorandum of Understanding.doc>> Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING between THE CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SR 405/167 interchange. This memorandum outlines basic criteria against which project mitigation will be evaluated and the procedures to be followed by WSDOT and Renton in conducting project coordination and final review with the National Marine Fisheries Service. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for State Route (SR) 405 southbound collector distributor traffic merging with traffic from SR 167. The project will construct a flyover structure from the existing southbound I-405 off-ramp to the southbound SR 167 on-ramp, and will modify the existing southbound SR 405-to-northbound SR 167 ramp to accommodate future widening of SR 405 for direct transit access projects. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS) has authority to ensure recovery of Puget Sound ESU Chinook salmon. Memorandum of Understanding Impact Mitigation Page 2 Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 in (-1500 ft) to the Panther Creek wetland,the P-9 drainage channel, and to Springbrook Creek. Approximately 280 in (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore a partnership in riparian mitigation efforts within the Springbrook Creek basin. Renton is currently planning to improve the Springbrook Creek riparian corridor in a joint effort with Kin a y s ofill accept WSDOT as an additional partn Green-Duwamis s atio FT Springbrook Creek �s located east of SR 167 and south of Renton. The city is planning channel modification's within the reach between SW 34th and SW 40th Street, and between SW 16th and SW 23`d Street. The proposed site is lacking in riparian vegetation, and invasive reed canarygrass and Himalayan blackberry leave the stream open to solar radiation and piscivorous birds. There is essentially no instream habitat and most reaches would benefit from restoration. III. CRITERIA AND PROCEDURES Renton and WSDOT hereby mutually agree to engage in a partnership to provide enhancement and restoration of at least 560m2 (6000 ft2) of Springbrook Creek riparian habitat as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 it interchange flyover structure. The restoration will be completed during 2002, and no later than 2003. If this goal is not met, WSDOT will increase the mitigation ratio accordingto an agreement to be reached with NMFS. r,�' ev 4kruo � hG„ y g T�c �`ra 1 5 �' Proposed Restoration • Place LWD and plantings in a two-stage re-channeling reach between SW 16th Street and SW 23`d St. with minimal disturbance of the low flow channel. • Place LWD and plantings in a single-stage re-channel on the west side of the reach between SW 34th and SW 40th Streets with no disturbance of the low flow channel. • A 30-ft buffer will be planted and LWD placed between SW 23`d Street and SW 27th Street. • Placement of small woody debris in backwater habitat. • Construction of backwater areas at 0.4 km (t/4 mi) intervals to provide refuge habitat. Backwater habitat will be approximately 1.2 in (4 ft) wide at the confluence with Memorandum of Understanding Impact Mitigation Page 3 Springbrook Creek, and meander with the existing slope and ending at ground elevation. • Create riparian topographic complexity with cut material from backwater habitat construction. • Plantings will include a combination of shrubs, coniferous and deciduous trees in random clusters. Renton has obtained title to much of the stream reach to be restored. Final design of each of these proposed restorations will be subject to a joint plan with the Renton and Army Corps of Engineers. IV. GENERAL INFORMATION Materials furnishedDoRA copy enton, under this Memorandum of Un ntio f the Regional Office, Suite 103, in Lacey, WSDOT and Renton will assign a liaison officer to serve as a central contact to be responsible for maintain communications as to procedures and activities of their respective agency. The liaison officers are: WSDOT: Assistant Environmental Program Manager/Biology WSDOT NW Region; MS 138 PO Box 330310 Seattle, WA 98133-9710 Renton: Project Engineer The liaison officers, accompanied by appropriate staff, will hold meetings as needed to discuss matters of concern related to the Impact Mitigation Memorandum of Understanding. This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation Surface Water Utilities Division Signed: Craig Stone Signed: South King County Area Administrator Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING between THE CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation 1. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SR 405/167 interchange. This memorandum outlines basic criteria against which project mitigation will be evaluated and the procedures to be followed by WSDOT and Renton in conducting project coordination and final review with the National Marine Fisheries Service. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for State Route (SR) 405 southbound collector distributor traffic merging with traffic from SR 167. The project will construct a flyover structure from the existing southbound I-405 off-ramp to the southbound SR 167 on-ramp, and will modify the existing southbound SR 405-to-northbound SR 167 ramp to accommodate future widening of SR 405 for direct transit access projects. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS) has authority to ensure recovery of Puget Sound ESU chinook salmon. Memorandum of Understanding Impact Mitigation Page 2 Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 in (-1500 ft) to the Panther Creek wetland, the P-9 drainage channel, and to Springbrook Creek. Approximately 280 in (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore a partnership in riparian mitigation efforts within the Springbrook Creek basin. Renton is currently planning to improve the Springbrook Creek riparian corridor in a joint effort with Kin y s ofill accept WSDOT as an additional partn Green-Duwamis s atio FT Springbrook Creek is located east of SR 167 and south of Renton. The city is planning channel modifications within the reach between SW 34th and SW 40'h Street, and between SW 16t}' and SW 23`d Street. The proposed site is lacking in riparian vegetation, and invasive reed canarygrass and Himalayan blackberry leave the stream open to solar radiation and piscivorous birds. There is essentially no instream habitat and most reaches would benefit from restoration. III. CRITERIA AND PROCEDURES Renton and WSDOT hereby mutually agree to engage in a partnership to provide enhancement and restoration of at least 560m2 (6000 ft2) of Springbrook Creek riparian habitat as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The restoration will be completed during 2002, and no later than 2003. If this goal is not met, WSDOT will increase the mitigation ratio according to an agreement to be reached with NMFS. Proposed Restoration • Place LWD and plantings in a two-stage re-channeling reach between SW 16th Street and SW 23`d St. with minimal disturbance of the low flow channel. • Place LWD and plantings in a single-stage re-channel on the west side of the reach between SW 34th and SW 401h Streets with no disturbance of the low flow channel. • A 30-ft buffer will be planted and LWD placed between SW 23rd Street and SW 27th Street. • Placement of small woody debris in backwater habitat. • Construction of backwater areas at 0.4 km (1/4 mi) intervals to provide refuge habitat. Backwater habitat will be approximately 1.2 in (4 ft) wide at the confluence with Memorandum of Understanding Impact Mitigation Page 3 Springbrook Creek, and meander with the existing slope and ending at ground elevation. • Create riparian topographic complexity with cut material from backwater habitat construction. • Plantings will include a combination of shrubs, coniferous and deciduous trees in random clusters. Renton has obtained title to much of the stream reach to be restored. Final design of each of these proposed restorations will be subject to a joint plan with the Renton and Army Corps of Engineers. IV. GENERAL INFORMATION Materials furnished y SD wit a copy enton, under this Memorandum of Un stan g ad s to ntio f the Regional Office, Suite 103, in Lacey, o WSDOT and Renton will assign a liaison officer to serve as a central contact to be responsible for maintain communications as to procedures and activities of their respective agency. The liaison officers are: WSDOT: Assistant Environmental Program Manager/Biology WSDOT NW Region; MS 138 PO Box 330310 Seattle, WA 98133-9710 Renton: Project Engineer The liaison officers, accompanied by appropriate staff, will hold meetings as needed to discuss matters of concern related to the Impact Mitigation Memorandum of Understanding. This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation Surface Water Utilities Division Signed: Craig Stone Signed: South King County Area Administrator -- — .. - Arlen Quynn - Memorandum of Understanding age From: "Bigler, Brian S." <BiglerB@WSDOT.WA.GOV> To: "Allen Quynn (E-mail)" <aquynn@ci.renton.wa.us>, "Johnson, John" <JohnJoh@WSDOT.WA.GOV> Date: 2/26/01 4:15PM Subject: Memorandum of Understanding Allen, This is a draft MOU that WSDOT feels is necessary to demonstrate a good m faith with NMFS. I've written this loosely, and we're open to anything you'd like to change. You're the first person to review this, and be advised that our landscape people are working on a cost estimate to be included ("Not To Exceed") later. I've highlighted two things on the last page that require your attention: who would be the liaison to WSDOT (you?), and who in your office should sign this? Please understand that this is not intended to get Renton into a unexpected situation, but it's merely something that NMFS will expect WSDOT to provide. <<Memorandum of Understanding.doc>> U X 41C , C, �►.�-,s.e� 4//,5,�0.� . �'�'�r��i�. rr/e t-l_, On.� e/a �r v' / ��- „a N M�-S �,�>, I tea-- <,�, ►� Memorandum of Understanding Impact Mitigation P64EMORANDUM OF UNDERSTANDING between THE CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SR 405/167 interchange. This memorandum outlines basic criteria against which project mitigation will be evaluated and the procedures to be followed by WSDOT and Renton in conducting project coordination and final review with the National Marine Fisheries Service. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for State Route (SR) 405 southbound collector distributor traffic merging with traffic from SR 167. The project will construct a flyover structure from the existing southbound I-405 off-ramp to the southbound SR 167 on-ramp, and will modify the existing southbound SR 405-to-northbound SR 167 ramp to accommodate future widening of SR 405 for direct transit access projects. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS) has authority to ensure recovery of Puget Sound ESU chinook salmon. Memorandum of Understanding Impact Mitigation Page 2 Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 in (-1500 ft) to the Panther Creek wetland,the P-9 drainage channel, and to Springbrook Creek. Approximately 280 in (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore a partnership in riparian mitigation efforts within the Springbrook Creek basin. Renton is currently planning to improve the Springbrook Creek riparian corridor in a joint effort with Kin ill accept WSDOT as an additional part DsZAFT Green-Duwamis Springbrook Creek is located east of SR 167 and south of Renton. The city is planning channel modifications within the reach between SW 34`h and SW 40`h Street, and between SW 16`h and SW 23`d Street. The proposed site is lacking in riparian vegetation, and invasive reed canarygrass and Himalayan blackberry leave the stream open to solar radiation and piscivorous birds. There is essentially no instream habitat and most reaches would benefit from restoration. III. CRITERIA AND PROCEDURES Renton and WSDOT hereby mutually agree to engage in a partnership to provide enhancement and restoration of at least 560m2 (6000 ft2) of Springbrook Creek riparian habitat as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The restoration will be completed during 2002, and no later than 2003. If this goal is not met, WSDOT will increase the mitigation ratio according to an agreement to be reached with NMFS. Proposed Restoration • Place LWD and plantings in a two-stage re-channeling reach between SW 16d' Street and SW 23`d St. with minimal disturbance of the low flow channel. • Place LWD and plantings in a single-stage re-channel on the west side of the reach between SW 34d'and SW 401h Streets with no disturbance of the low flow channel. • A 30-ft buffer will be planted and LWD placed between SW 23`d Street and SW 27'h Street. • Placement of small woody debris in backwater habitat. • Construction of backwater areas at 0.4 km (1/4 mi) intervals to provide refuge habitat. Backwater habitat will be approximately 1.2 in (4 ft) wide at the confluence with Memorandum of Understanding Impact Mitigation Page 3 Springbrook Creek, and meander with the existing slope and ending at ground elevation. • Create riparian topographic complexity with cut material from backwater habitat construction. • Plantings will include a combination of shrubs, coniferous and deciduous trees in random clusters. Renton has obtained title to much of the stream reach to be restored. Final design of each of these proposed restorations will be subject to a joint plan with the Renton and Army Corps of Engineers. IV. GENERAL INFORMATION Materials furnishedDoRA copy enton, under this Memorandum of Un ntio f the Regional Office, Suite 103, in Lacey, WSDOT and Renton will assign a liaison officer to serve as a central contact to be responsible for maintain communications as to procedures and activities of their respective agency. The liaison officers are: WSDOT: Assistant Environmental Program Manager/Biology WSDOT NW Region; MS 138 PO Box 330310 Seattle, WA 98133-9710 Renton: Project Engineer The liaison officers, accompanied by appropriate staff, will hold meetings as needed to discuss matters of concern related to the Impact Mitigation Memorandum of Understanding. This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation Surface Water Utilities Division Signed: Craig Stone Signed: South King County Area Administrator Preconstruction Conference Agenda 8/29/2001 Contract 6145 Page 1 Agenda for Preconstruction Conference SR 405 SR167 I/C Modification Contract 6145 I. Introduction Sign attendance roster II. Schedule Contract Days 300 Contract amended by 4 addenda C..'>T"VC fovi Sfu,tf ee-& 44— Awarded 8/3/2001 Executed 8/15/2001 �""" III. Contract Amount $ 5,270,169.15 IV. Point of Contact l Proj. Engr. Ingo Goller 21851 841h Ave. So. I Kent, WA 98032-1958 Contractor Max J. Kuney Co P.O.Box 4008 _ Spokane, WA. 98202-0008 V. Correspondence \v! l Route all through PE office Number letters Number Plan Clarification submittals All subcontractors correspondence must come through the prime contractor to the P.E office VI. Utilities Notification >_2, <10 business days Page 119 of the special provisions list addresses and phone numbers of utility companies VII. Submittals, Records & Reports Progress Schedule Job Site Posters RAMS, QPL, Drawings, Calcs, Etc.-submit as soon as possible (see attached for additional information) No incorporation of materials in job without prior approval VIII. Pay Requests Cutoff is 5`h of the month Will Contractor review estimates? Who? Lump sum item breakdowns required. Material on Hand requests by the 201h of the month. WSDOT will not pay MOH for individual items which cost less than $2,000.00. • Preconstruction Conference Agenda 8/29/2001 Contract 6145 Page 2 IX. Subcontractors and Agents No physical work will be permitted on project until the following are submitted: Request to Sublet Work (Form 421-012) Contractor and Subcontractor/Lower Tier Subcontractor Certification for Federal-aid projects (Form 420-004) (No payment will be made until these forms are approved.) Contractor must have rep. on site with authority, designated by letter Wage rate interviews will be conducted X. Suppliers, Manufactures, & Fabricators Any IN-STATE Manufacturer, supplier, etc. that produces non-standard items must Submit Statement of Intent to Pay Prevailing Wages Submit Affidavit of Wages Paid XI. DBE/Training Contractor/Subcontractor(s) must submit Annual EEO report. Combined DBE goal is fourteen percent (14%) of the contract total. The training requirement for this project is a total of 2000 hours with a minimum of 400 hours per trainee. XII. Meetings Weekly meetings? - When? �J`� 9+ fi -� Oh ./a.,& XIII. Environmental Provisions List of Regulations including the Stormwater Site Plan are on pages 90-97 and 117 of the Specials. If work is outside listed Regulations, must notify P.E. Person designated as Erosion and Sedimentation Control Lead (Cert verification) (p115 of Specials) Erosion/Sediment Control devices to be in place prior to other work Spill Prevention, Control and Countermeasures Plan approval prior to other work (p116 of Specials) XIV. Permits and Licenses Contractor responsible for additional permits if necessary XV. Modifications & Clarification Change Orders will be processed as soon as possible Requests for clarification require 5 working days for review. Requests for surveying require 3 working days notification. XVI. Safety Contractor to complete and return safety questionnaire (attachment A). Contractor to ensure Subcontractor(s) comply with safety regulations. All construction and private vehicles must have flashing or rotating amber lights in work zones. Construction Safety Zone is 9 meters from the outside edge of the traveled way Maintenance of existing roadways within project limits (section 1-07.23 of Standard Specifications) Lanes shall be open, clean and in good condition at all times. Remove and/or repair damages resulting from construction activities Keep roadway signing and illumination in operational condition, keep drainage structures clean and clear Maintain roadway striping through life of contract • Preconstruction Conference Agenda 8/29/2001 Contract 6145 Page 3 XVII. Davis-Bacon Act Contractor to review and sign related document(attachment B ). XVIII. Load Limits Gross legal limits shall be adhered to. Overweight Loads (attachment C). DOT will monitor covered loads or 6" of freeboard (per RCW 46.61.655). Contractor shall adhere to requirements for scales (Standard Spec. 1-09.2(1-3)). If Contractor hauls over non-state roads, he shall make all arrangements at his expense. XIX. Traffic Control Signing controlled by MUTCD Contractor and DOT to exchange letters designating emergency traffic control contacts. Minimum 4 persons each Include phone numbers Contractor to provide letter adopting traffic control plans. Modifications to plans require 10 days review and approval period prior to implementation. Contractor to provide a TCM and TCS as outlined in the Standard Specifications and the Specials Permissible lane closure hours listed on pages 120 and 121 of the Specials. The Engineer may adjust lane closure hours if the permitted closure hours adversely affect traffic. Lane and sidewalk closures require 5 calendar day written advanced notification. All sidewalks, crosswalks, pedestrian routes shall remain clear at all times unless otherwise permitted. Lane and roadway closures will NOT be allowed during the following times: From noon prior to noon after a holiday or holiday weekend Holidays occurring on Fridays through Mondays are considered a Holiday Weekend No equipment or private vehicles in the Safety Zone unless protected by a physical barrier. XX. Flagging, Signs and Traffic Control Devices Flaggers shall be equipped with portable two-way radios. We request that the TCS carry a cell phone or radio at all times when on site. Copies of current flagging and TCS cards shall be available for verification by the Engineer. Construction signing shall be furnished by the Contractor. Traffic safety cones and drums shall be used on all lane closures. Steady burning warning lights are to be used during night operations. XXI. General Discussion Adft Washington State Northwest Region Department of Transportation Sid Morrison Secretary of Transportation RECEIVEED AUG 2 2 2Q1 August 21, 2001 CITY OF RENTON Au g UTILITY SYSTEMS City of Renton— Surface Water SR 405 200 Mill Ave South SR 167 I/C Modification Renton, WA 98055-2189 Contract 6145 Attn : Mike Dotson This is to advise you that the Preconstruction Conference for the "SR 167 I/C Modification"project shall be held at our office on August 29, 2001 at 10:00 AM. Our office is located at 21851 84th Avenue South, Kent, WA 98032-1958. You and other members of your staff are invited to participate at the conference. Should you have any questions, please feel free to contact Bill McKee at (253) 872-2958. Sincerely, Ingo Golfer Project Engineer JGJg cc: Kim Henry MS 250 file :: '9ECE . � �- JU I VFW C3 rvO� cir�oF 0 2001 CITY OF RENTON UT,CI T V s s FMOsN CITY CLERK DIVISION MEMORANDUM DATE: July 27, 2001 TO: Allen Quynn FROM: Suzann Lombard x6521 � SUBJECT: WA Transportation—Memorandum of Understanding CAG-01-124 Mitigate Impact to Rolling Hills Creek Riparian Habitat As requested in your memorandum, the attached document has been signed by City officials and is being returned to you for execution by other parties. When fully executed and returned to you,please return a signed copy of the document to the Clerk's office for our permanent record file. Also attached is the executed Temporary Construction Agreement for signature by the State. If returned by the State for recording, please send same to the Clerk's office for further processing. Thank you. Enclosures: (3) OJIZO- �r� CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 519 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT ON IMPACT MITIGATION ENTITLED "MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF RENTON AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON." WHEREAS, WSDOT proposes to improve safety features and reduce traffic congestion at the City of Renton's SR-405/SR-167 interchange, by constructing a flyover structure from the existing southbound SR-405 off-ramp to the southbound SR-167 on-ramp, and modifying an existing on-ramp to northbound SR-167; and WHEREAS, the riparian zone of Rolling Hills Creek is in the vicinity of the SR-405/SR- 167 interchange; and WHEREAS, the proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon, a species listed as Threatened under the Endangered Species Act; and WHEREAS, there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or in the WSDOT right-of-way downgradient to Springbrook Creek;and WHEREAS, the parties recognize the importance of restoring the riparian vegetation within the Springbrook Creek basin; and WHEREAS, an interlocal agreement between WSDOT and Renton has been proposed to mitigate the impact of planned highway construction on the riparian zone; I RESOLUTION NO. 3519 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are found to be true and correct in all respects. SECTION I1. The Mayor and City Clerk are hereby authorized to enter into the Interlocai Agreement. PASSED BY THE CITY COUNCIL this 2 3 r d day of July , 2001. Marilyn J. et n, City Clerk APPROVED BY THE MAYOR this 2 3 r d day of July , 2001. 4 Jes44anner, Mayor Approved as t form: 0�awa+ " �i Lawrence J. Warren, City Attorney RES.857:7/5/01:ma 2 CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division/Surface Water Utility July 23, 2001 Staff Contact...... Ron Straka Agenda Status Allen Qu nn (x-7247) Consent.............. X Subject: Public Hearing... SR-405/SR-167 interchange flyover project mitigation RR E Memorandum of Understanding (MOU) between the City of Ordinance........ .. !� Renton and Washington State Department of Transportati �,�ee��,,,y� I ITIAUDATE d,Dii�SShi�ss........ 7401 Exhibits: ? Z Issue Paper OU alid attache porary construction easement AJY Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... Other............... Fiscal Impact: None Expenditure Required... Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. Summary of Action: The purpose of the Memorandum of Understanding (MOU) is to allow Washington State Department of Transportation (WSDOT) the use of City property for mitigation to riparian habitat impacts along Rolling Hills Creek as a result of construction activities associated with the SR- 167/SR-405 Interchange Flyover Project. WSDOT does not have sufficient right-of-way within the drainage basin to accommodate the mitigation. The mitigation is required by the National Marine Fisheries Service (NMFS) as a condition of approval for the Section 404 permit. Project construction will result in the removal of approximately 3,000 SF of riparian,v n along the creek and will be mitigated at a replacement ratio of 2:1. Therefore, ° 00 SF of mitigation will be provided on City property between the METRO treatment plant and the pedestrian trail adjacent to Springbrook Creek. The mitigation will consist of the removal of invasive plants and the planting of native shrubs and trees. STAFF RECOMMENDATION: The Planning/Building/Public Works Department recommends the Council adopt a resolution authorizing the Mayor and City Clerk to execute the Memorandum of Understanding between the City of Renton and Washington State Department of Transportation. H:\DIVISION.S\UTILITIE.S\DOCS\2001\2001-406.doc\AQ\tb G� , CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 12,2001 TO: Dan Clawson,Council President Members of the City Council CONC _ RRENCE VIA: Mayor Jesse Tanner DATE NAME INITIAL/DATE FROM: Gregg Zimmerman L STAFF CONTACT: Ron Straka(X-7248) L Allen Quynn(X-7247) 'Y"� SUBJECT: WSDOT SR-167/S 05 Interchange Flyover Project Mitigation Memo ndum of Understanding ISSUE: W Washington State Department of Transportation (WSDOT) has request that 'City of Renton 4//� grant them the use of City-owned property along Springbrook Creek for mitigation to impacts that will result from the construction of the SR-167/SR-405 Interchange Flyover Project. The P/B/PW Department has agreed to provide a mitigation area for the project, subject to council approval, along Springbrook Creek between the METRO treatment plant and the existing trail. WSDOT and Renton will enter into a formal agreement or Memorandum of Understanding (MOU)that will outline the terms and conditions for providing the mitigation area. A temporary construction easement to be granted by the City will give WSDOT access to the site. A map of the mitigation area and temporary construction easement is included with the MOU. BACKGROUND The construction of the flyover ramp will require the removal of approximately 3,000 SF of riparian vegetation, including thirteen poplar and cottonwood trees, adjacent to Rolling Hills Creek. The federal resources agency,National Marine Fisheries Service(NMFS),has determined that the removal of the trees will degrade the already poor habitat conditions of Rolling Hills Creek, and will ultimately impact the water quality of the Springbrook Creek located approximately one (1) mile downstream. Springbrook Creek has been determined by NMFS to support Puget Sound Chinook Salmon, currently listed as threatened under the Endangered Species Act. To mitigate for these impacts NMFS has placed a condition on the approval of the Section 404 permit requiring WSDOT to replace the impacted Ae1Lsa2 vegetation at a replacement ratio of 2:1. Therefore, for 3,000 SF of impact, im 6,000 SF of riparian habitat must be created. Unfortunately, WSDOT does not hav icient right-of--way to accommodate the mitigation either in the vicinity of the project or downstream to Springbrook Creek, as required by NMFS. WSDOT SR-167/SR-405 Interchange Flyover Project Mitigation Memorandum of Understanding Page 2 of 2 Subsequently, WSDOT asked whether Renton had available property for use in the riparian planting mitigation. City staff investigated potential sites along Springbrook Creek and found an area near the METRO plant that was within the riparian zone of Springbrook Creek. This location seems appropriate and will provide the necessary habitat for salmon, as well as provide aesthetic benefits by helping to block the view of the METRO facility. The proposed mitigation area is part of a parcel owned by the City. The parcel was acquired in the mid-1980's by the City for the construction of the P-1 Channel in cooperation with the Soil Conservation Service (now called the National Resource Conservation Service). Parks Department has a trail along the west side of the creek and adjacent to the mitigation area. NMFS has reviewed and approved the use of City property for the purpose of providing riparian planting mitigation for the SR-1 67/SR-405 Flyover Project. RECOMMENDATION: The Planning/Building/Public Works Department requests that Council adopt a resolution authorizing the Mayor and City Clerk to execute the WSDOT SR-167/SR-405 Interchange Flyover Project Mitigation Memorandum of Understanding(MOU). cc: Lys Hornsby H:\DIVISION.S\UTILITIE.S\DOCS\2001\2001-408.doc\AQ\tb Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING between CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SR-405/SR-167 interchange. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for State Route (SR)-405 southbound collector distributor traffic merging with traffic from State Route (SR)-167. The project will construct a flyover structure from the existing southbound SR-405 off-ramp to the southbound SR- 167 on-ramp and will modify the existing southbound SR-405-to-northbound SR-167 ramp. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS) has authority to ensure recovery of Puget Sound ESU chinook salmon. Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 m (48 in) concrete culvert approximately 460 m (-1500 ft) to the Panther Creek wetland, the P-9 drainage channel, and to Springbrook Creek. Approximately 280 m2 (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries H:\DIVISION.S\UTILITIE.S\DOCS\2001\2001-376.doc Memorandum of Understanding Impact Mitigation Page 2 Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore an agreement for riparian mitigation efforts within the Springbrook Creek basin. The proposed mitigation site is located on City of Renton property along the west side of Springbrook Creek, next to the King County Metro Treatment Plant, north of Grady Way and west of Oaksdale Ave. (see attached map). A temporary Construction Easement to be granted by Renton is included in Exhibit A. III. CRITERIA AND PROCEDURES Under this Memorandum of Understanding, Renton will allow WSDOT to construct on Renton property approximately 770m' (8288 ft2) of habitat enhancements and restoration along Springbrook Creek as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The plant installation for restoration will be completed no later than 2003. The plant establishment period for the project will extend for 3 years up to 2006, or as otherwise required by NMFS or other agency permit conditions. 1. WSDOT is responsible for the maintenance, monitoring, and success of the mitigation project as required by all local, state and federal permits. Renton will not be held accountable for ensuring the success of the WSDOT mitigation project. 2. Renton will be responsible to immediately inform WSDOT in writing of any land use changes at the site that adversely impact the riparian planting or riparian function at the site. 3. WSDOT's mitigation project cannot interfere with Renton's current use of the site, which consist of a trail and the channel that was constructed for flood control and habitat benefits. The current use includes Renton's ability to maintain the trail or the channel, if needed in the future. If in the future the WSDOT Mitigation interferes with Renton's current use of the site or ability to maintain said trail and flood control facilities, Renton may terminate this Memorandum of Understanding and require WSDOT to remove the mitigation project from Renton's property. 4. Access for on-going maintenance of WSDOT's mitigation project shall be coordinated with the City Parks Department. IV. LEGAL RELATIONS Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in any way resulting from, each of the PARTY's negligent acts or omissions. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, Memorandum of Understanding Impact Mitigation Page 3 or damages is caused by the sole negligence of the PARTY. Where such claims, suits, or actions result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to each of the other PARTY only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that any of the PARTIES or combination of the PARTIES incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible PARTY or combination of the PARTIES to the extent of that PARTY's/those PARTIES' culpability. This indemnification shall survive the termination of this AGREEMENT. This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation Signed: Craig Stone Dated Signed: Jesse Tanner, Mayor Dated South King County Area Administrator Memorandum of Understanding Memorandum of Understanding Impact Mitigation Page 5 • ft a . . . Y I..n i 4 7)I b 0' loom 01 100yd Figure 2. Proposed mitigation site along west side of Springbrook Creek next to the King County Metro Treatment Plant located north of Grady Way. The specific location will be determined by WSDOT Landscape Services. 1 a AGENDA BILL SCHEDULE Mcu 'A�)'V�S )-T— PREPARED AGENDA BILL TITLE - -BY: L I�� Extension: -7Z4-7 x GREGG'S SIGNATURE 2,11 TRANSMIT TO CLERK(Done by JAY'S AGENDA BILL MEETING: 10 am - 7th floor COUNCIL MEETING DATE Referred to Committee Ctl -4-4'-L Z CO ITTEE MEETING DATE(Take Committee Report) COMMITTEE Time: Place: CO G REPORTED OUT AB-SCH/Ir CITY OF RENTON COUNCIL AGENDA BILL AI#E: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division/Surface Water Utility July 23, 2001 Staff Contact...... Ron Straka Agenda Status Allen Qu nn(x-7247) Consent.............. X Subject: Public Hearing... SR-405/SR-167 interchange flyover project mitigation Correspondence.. Memorandum of Understanding (MOU) between the City of Ordinance............. Renton and Washington State Department of Transportation Resolution............ Old Business........ Exhibits: New Business....... Issue Paper Study Sessions....... MOU and attached temporary construction easement Information......... Resolution Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... Other............... Fiscal Impact: None Expenditure Required... Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. Summary of Action: The purpose of the Memorandum of Understanding (MOU) is to allow Washington State Department of Transportation(WSDOT)the use of City property for mitigation to riparian habitat impacts along Rolling Hills Creek as a result of construction activities associated with the SR-167/SR-405 Interchange Flyover Project. WSDOT does not have sufficient right-of-way within the drainage basin to accommodate the mitigation. The mitigation is required by the National Marine Fisheries Service (NMFS) as a condition of approval for the Section 404 permit. Project construction will result in the removal of approximately 3,000 SF of riparian vegetation along the creek and will be mitigated at a replacement ratio of 2:1. Therefore, approximately 6,000 SF of mitigation will be provided on City property between the METRO treatment plant and the pedestrian trail adjacent to Springbrook Creek. The mitigation will consist of the removal of invasive plants and the planting of native shrubs and trees. STAFF RECOMMENDATION: The Planning/Building/Public Works Department recommends the Council adopt a resolution authorizing the Mayor and City Clerk to execute the Memorandum of Understanding between the City of Renton and Washington State Department of Transportation. H:\DYVISION.S\UTILITIE.S\DOCS\2001\2001-406.doc\AQ\tb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 13,2001 TO: Dan Clawson,Council President Members of the City Council VIA: Mayor Jesse Tanner FROM: Gregg Zimmermak,'Addministrator Planning/Building/Public Works STAFF CONTACT: Ron Straka, Supervisor, Surface Water Utility(X-7248) Allen Quynn,Project Manager(X-7247) SUBJECT: WSDOT SR-167/SR-405 Interchange Flyover Project Mitigation Memorandum of Understanding ISSUE: Washington State Department of Transportation (WSDOT) has requested that City of Renton grant them the use of City-owned property along Springbrook Creek for mitigation to impacts that will result from the construction of the SR-167/SR-405 Interchange Flyover Project. The PB/PW Department has agreed to provide a mitigation area for the project, subject to council approval, along Springbrook Creek between the METRO treatment plant and the existing trail. WSDOT and Renton will enter into a formal agreement or Memorandum of Understanding (MOU)that will outline the terms and conditions for providing the mitigation area. A temporary construction easement to be granted by the City will give WSDOT access to the site. A map of the mitigation area and temporary construction easement is included with the MOU. RECOMMENDATION: The Planning/Building/Public Works Department requests that Council adopt a resolution authorizing the Mayor and City Clerk to execute the WSDOT SR-167/SR-405 Interchange Flyover Project Mitigation Memorandum of Understanding(MOU). BACKGROUND The construction of the flyover ramp will require the removal of approximately 3,000 SF of riparian vegetation, including thirteen poplar and cottonwood trees, adjacent to Rolling Hills Creek. The federal resources agency,National Marine Fisheries Service(NMFS),has determined that the removal of the trees will degrade the already poor habitat conditions of Rolling Hills Creek, and will ultimately impact the water quality of the Springbrook Creek located approximately one (1) mile downstream. Springbrook Creek has been determined by NMFS to support Puget Sound Chinook Salmon, currently listed as threatened under the Endangered Species Act. ti WSDOT SR-167/SR-405 Interchange Flyover Project Mitigation Memorandum of Understanding Page 2 of 2 To mitigate for these impacts NMFS has placed a condition on the approval of the Section 404 permit requiring WSDOT to replace the impacted trees and vegetation at a replacement ratio of 2:1. Therefore, for 3,000 SF of impact, approximately 6,000 SF of riparian habitat must be created. Unfortunately, WSDOT does not have sufficient right-of-way to accommodate the mitigation either in the vicinity of the project or downstream to Springbrook Creek, as required by NMFS. Subsequently, WSDOT asked whether Renton had available property for use in the riparian planting mitigation. City staff investigated potential sites along Springbrook Creek and found an area near the METRO plant that was within the riparian zone of Springbrook Creek. This location seems appropriate and will provide the necessary habitat for salmon, as well as provide aesthetic benefits by helping to block the view of the METRO facility. The proposed mitigation area is part of a parcel owned by the City. The parcel was acquired in the mid-1980's by the City for the construction of the P-1 Channel in cooperation with the Soil Conservation Service (now called the National Resource Conservation Service). Parks Department has a trail along the west side of the creek and adjacent to the mitigation area. NMFS has reviewed and approved the use of City property for the purpose of providing riparian planting mitigation for the SR-167/SR-405 Flyover Project. cc: Lys Homsby H:\DfVISION.S\UTILITIE.S\DOCS\2001\2001408.doc\AQ\tb s Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING between CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SR-405/SR-167 interchange. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for Interstate (I)-405 southbound collector distributor traffic merging with traffic from State Route (SR)-167. The project will construct a flyover structure from the existing southbound SR-405 off-ramp to the southbound SR-167 on- ramp and will modify the existing southbound SR-405-to-northbound SR-167 ramp. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS) has authority to ensure recovery of Puget Sound ESU chinook salmon. Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 in (-1500 ft) to the Panther Creek wetland,the P-9 drainage channel, and to Springbrook Creek. Approximately 280 in (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries H:\DMSION.S\UTILITIE.S\DOCS\2001\2001-376.doc Memorandum of Understanding Impact Mitigation Page 2 Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore an agreement for riparian mitigation efforts within the Springbrook Creek basin. The proposed mitigation site is located on City of Renton property along the west side of Springbrook Creek, next to the King County Metro Treatment Plant, north of Grady Way and west of Oaksdale Ave. (see attached map). A temporary Construction Easement to be granted by Renton is included in Exhibit A. III. CRITERIA AND PROCEDURES Under this Memorandum of Understanding, Renton will allow WSDOT to construct on Renton property approximately 770m' (8288 ftz) of habitat enhancements and restoration along Springbrook Creek as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The plant installation for restoration will be completed no later than 2003. The plant establishment period for the project will extend for 3 years up to 2006, or as otherwise required by NMFS or other agency permit conditions. 1. WSDOT is responsible for the maintenance, monitoring, and success of the mitigation project as required by all local, state and federal permits. Renton will not be held accountable for ensuring the success of the WSDOT mitigation project. 2. Renton will be responsible to immediately inform WSDOT in writing of any land use changes at the site that adversely impact the riparian planting or riparian function at the site. 3. WSDOT's mitigation project cannot interfere with Renton's current use of the site, which consist of a trail and the channel that was constructed for flood control and habitat benefits. The current use includes Renton's ability to maintain the trail or the channel, if needed in the future. If in the future the WSDOT Mitigation interferes with Renton's current use of the site or ability to maintain said trail and flood control facilities, Renton may terminate this Memorandum of Understanding and require WSDOT to remove the mitigation project from Renton's property. 4. Access for on-going maintenance of WSDOT's mitigation project shall be coordinated with the City Parks Department. IV. LEGAL RELATIONS Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in any way resulting from, each of the PARTY's negligent acts or omissions. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, 1 Memorandum of Understanding Impact Mitigation Page 3 or damages is caused by the sole negligence of the PARTY. Where such claims, suits, or actions result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to each of the other PARTY only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that any of the PARTIES or combination of the PARTIES incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible PARTY or combination of the PARTIES to the extent of that PARTY's/those PARTIES' culpability. This indemnification shall survive the termination of this AGREEMENT. This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation Signed: Craig Stone Dated Signed: Jesse Tanner, Mayor Dated South King County Area Administrator Memorandum of Understanding Impact Mitigation Page 4 'P God Fool rid IV 1. - t• ■ Pumpin to � � h k 1 - - � � s ., � t •r, Y, • `�r. I 123 � � 4_ ,,:'-=� ,. �f is •y, L \ / 0— oil46 S� Mall � � , � ti}� c� S• a � � � '� � 3 _ .r. ,ASS' I , 1ri' I, u, Ih 25 L^ i Tukwila + { + r1Wa D TopoQm&Capyrtk 0 l 99 DdAnm YanooWh ME OMM So a Dala:USGS 742 ft Sc2k:1:25,000 Deb :110 Dat :WCM4 Figure 1. Springbrook Creek riparian zone mitigation. Memorandum of Understanding Impact Mitigation Page S C a F f.'JY 5Y3 P� t 0' '100M 0' '100yd Figure 2. Proposed mitigation site along west side of Springbrook Creek next to the King County Metro Treatment Plant located north of Grady Way. The specific location will be determined by WSDOT Landscape Services. Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Property Tax Parcel Number: 242304-9098 Agreement Mitigation for SR 405/SR167 Flyover Project Grantor(s): Grantee(s): 1. City of Renton,a Municipal Corporation 1. Washington State Department of Transportation The Grantor,for and in consideration of mutual benefits,does by these presents,grant unto the Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the North Half of Section 24,Township 23 North,Range 4 East,W.M.,in King County,Washington described more particularly on the attached Exhibit "A"page 3 hereof. For the purpose of planting,installing,repairing,replacing,maintaining natural riparian habitat in the vicinity of the Springbrook Creek buffer including the removal of existing invasive plants and installation of endemic species according to the approved project plans and monitoring i. Grantee shall, at its own cost and expense, maintain, replant, alter, replace, and shall do all things necessary to keep said project mitigation conforming to the project plan. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Agreement Areas for the purpose of maintaining,repairing, altering, replacing or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Agreement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Agreement Areas. 3. Any damage to Grantor's trail surfaces caused by Grantee,their contractors,employees or agents,shall be repaired at Grantee's expense by saw cutting,removal and replacement process and/or overlay as required after consultation with Grantor's Parks Department Director or designated staff. 4. Grantee shall provide reasonable written notice to Grantor's Parks Department Director prior to entering the Agreement Areas or performing work thereon, and coordinate all on-going maintenance with Grantor's Parks Department. Grantee agrees to keep the Agreement Areas free of liens or encumbrances arising out of any of the work performed on the Agreement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 5. Grantor shall retain the right to use the surface area within the Agreement Area provided that in the event any portion of the project property is used for any other purpose, Grantor shall notify Grantee of such alternate use and provide an alternative mitigation site in the vicinity for relocation of the mitigation project. Any such relocation shall be at the sole cost and expense of Grantee. 6. Grantee shall provide and post signs indicating the dates and scope of any work in the Agreement Areas, including any trail closure dates, and provide detour routes for any closures. Signs shall be posted at SW 7'Street and also at SW Grady Way trail access points. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This agreement shall become effective upon execution by the Grantor from date hereof,and shalt continue through the completion of project construction plus the requisite three-year monitoring period and shall expire upon the earlier of the end of the monitoring period or December 31,2008. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of ,2001. Approved and Accepted By: Grantor(s): City of Renton Grantee(s): State of Washington Mayor City Clerk STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that on the day of , 2001 JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said City. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: Page 2 EXIUBIT"A" MITIGATION SITE LEGAL DESCRIPTION That portion of the following parcel,BEGINNING at the True Point of Beginning of said parcel; Thence southeasterly along the final curve referenced in said parcel description with radius of 9.15 feet, a distance of 12.67 feet; Thence S 11'34'46"E,a distance of 311.39 feet; Thence N 78°25'14"E, a distance of 10 feet,to the True Point of Beginning; Thence S 11'34'46"E, a distance of 350 feet; Thence N 78°25'14"E,a distance of 29 feet; Thence N 11'34'46"W, a distance of 350 feet; Thence S 78°25'14"W,a distance of 29 feet,more or less,to the True Point of Beginning. PARCEL: 242304-9098 That portion of the North Half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: BEGINNING at the North Quarter corner of said Section 24,thence S 00°55'30"W, along the north-south centerline of said Section 24, a distance of 159.12 feet, to a point on the southerly line of a tract of land recorded under King County Recording Number 7301180480; Thence S 89°04'30"E,along said southerly line a distance of 439 feet; Thence S 00°55'30" W, a distance of 300 feet to a point on the northerly margin of a parcel owned by METRO and the True Point of Beginning; Thence along said north margin N 89°04'30"W, a distance of 238.60 feet; "Thence N 73°04'46" W, a distance of 46.48 feet to a point of curvature the center of which bears N 16°55'12"E,with a radius of 431.53 feet; Thence northerly along said curve 425.13 feet to a point on the north line of the Burlington Northern Railroad property; Thence S 73°04'46"E, along said north line, a distance of 495.13 feet to a point of curvature the center of which bears S 16°55'14"W with radius of 500 feet; Thence southeasterly along said curve 536.69 feet; Thence continuing along the easterly line of said Burlington Northern Railroad property S 11'34'46"E, a distance of 1351.65 feet to the southerly line of the former Burlington Northern Railroad right of way; Thence S 77°25'43"W,along said southerly line, a distance of 118.05 feet; Thence N 18°39'08"W,a distance of 100.57 feet; Thence N 77°25'43"E,a distance of 20.43 feet; Thence N 12°48'36"W, a distance of 64.02 feet; Thence N 11'34'46"W, a distance of 29.75 feet; Thence S 78°25'14"W,a distance of 30.73 feet; Thence N 18°39'08" W, a distance of 318.94 feet to a point on the westerly line of said Burlington Northern Railroad property; Thence N 11'34'46"W, a distance of 783.48 feet; Thence S 78°25'14"W,a distance of 10 feet; Thence N 11'34'46" W, a distance of 311.39 feet to a point of curvature the center of which bears S 78°25'14"W with a radius of 9.15 feet; Thence northwesterly along said curve a distance of 12.67 feet to the True Point of Beginning; LESS that portion, if any, in the plat of Washington Technical Center as recorded in Volume 122, pages 98-102,records of King County, Washington. WSDOT TCE LegalAgb/5-30-01 Page 3 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT ON IMPACT MITIGATION ENTITLED "MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF RENTON AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON." WHEREAS, WSDOT proposes to improve safety features and reduce traffic congestion at the City of Renton's SR-405/SR-167 interchange, by constructing a flyover structure from the existing southbound SR405 off-ramp to the southbound SR-167 on-ramp, and modifying an existing on-ramp to northbound SR-167; and WHEREAS, the riparian zone of Rolling Hills Creek is in the vicinity of the SR405/SR- 167 interchange; and WHEREAS, the proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon, a species listed as Threatened under the Endangered Species Act; and WHEREAS, there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or in the WSDOT right-of-way downgradient to Springbrook Creek; and WHEREAS, the parties recognize the importance of restoring the riparian vegetation within the Springbrook Creek basin; and WHEREAS, an interlocal agreement between WSDOT and Renton has been proposed to mitigate the impact of planned highway construction on the riparian zone; 1 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are found to be true and correct in all respects. SECTION 1I. The Mayor and City Clerk are hereby authorized to enter into the Interlocal Agreement. PASSED BY THE CITY COUNCIL this day of 72001. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of 12001. Jesse Tanner,Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.857:7/5/01:ma 2 • ( T ,T CITY OF RENTON ..LL Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM RECEIVED JUL 0 9 2001 CITY OF RENT To: Allen Quynn, PBPW UTIL17YSySTEM IV From: Lawrence J. Warren, City Attorney Date: July 5, 2001 Subject: WSDOT SR-167/ SR-405 Flyover Project Mitigation On page 2, line 4, I would change "a partnership in" to "an agreement for." Otherwise the agreement is approved. A copy of an authorizing resolution is attached. The original was sent to the City Clerk. Lawrence J. Warren LJW:ma. Enc. T10.30.25 cc: Jay Covington Marilyn Petersen ntO Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (425) 255-8678 } ®This paper contains 50%recycled material,20%post consumer �J7 teX1�1 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT ON IMPACT MITIGATION ENTITLED "MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF RENTON AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON." WHEREAS, WSDOT proposes to improve safety features and reduce traffic congestion at the City of Renton's SR-405/SR-167 interchange, by constructing a flyover structure from the existing southbound SR-405 off-ramp to the southbound SR-167 on-ramp, and modifying an existing on-ramp to northbound SR-167; and WHEREAS, the riparian zone of Rolling Hills Creek is in the vicinity of the SR-405/SR- 167 interchange; and WHEREAS, the proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon, a species listed as Threatened under the Endangered Species Act; and WHEREAS, there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or in the WSDOT right-of-way downgradient to Springbrook Creek; and WHEREAS, the parties recognize the importance of restoring the riparian vegetation within the Springbrook Creek basin; and WHEREAS, an interlocal agreement between WSDOT and Renton has been proposed to mitigate the impact of planned highway construction on the riparian zone; 1 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into the Interlocal Agreement. PASSED BY THE CITY COUNCIL this day of , 2001. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney RE S.85 7:7/5/01:ma 2 Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING between CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SR-405/SR-167 interchange. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for State Route (SR)-405 southbound collector distributor traffic merging with traffic from State Route (SR)-167. The project will construct a flyover structure from the existing southbound SR-405 off-ramp to the southbound SR- 167 on-ramp and will modify the existing southbound SR-405-to-northbound SR-167 ramp. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS) has authority to ensure recovery of Puget Sound ESU chinook salmon. Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 in (-1500 ft) to the Panther Creek wetland,the P-9 drainage channel, and to Springbrook Creek. Approximately 280 in (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries H:\DIV ISION.S\UTILITIE.S\DOCS\2001\2001-376.doc Memorandum of Understanding Impact Mitigation Page 2 Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore a partnership io riparian mitigation efforts within the Springbrook Creek basin. ; r The proposed mitigation site is located on City of Renton property along the west side of Springbrook Creek, next to the King County Metro Treatment Plant, north of Grady Way and west of Oaksdale Ave. (see attached map). A temporary Construction Easement to be granted by Renton is included in Exhibit A. III. CRITERIA AND PROCEDURES Under this Memorandum of Understanding, Renton will allow WSDOT to construct on Renton property approximately 770m2 (8288 ft2) of habitat enhancements and restoration along Springbrook Creek as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The plant installation for restoration will be completed no later than 2003. The plant establishment period for the project will extend for 3 years up to 2006, or as otherwise required by NMFS or other agency permit conditions. 1. WSDOT is responsible for the maintenance, monitoring, and success of the mitigation project as required by all local, state and federal permits. Renton will not be held accountable for ensuring the success of the WSDOT mitigation project. 2. Renton will be responsible to immediately inform WSDOT in writing of any land use changes at the site that adversely impact the riparian planting or riparian function at the site. 3. WSDOT's mitigation project cannot interfere with Renton's current use of the site, which consist of a trail and the channel that was constructed for flood control and habitat benefits. The current use includes Renton's ability to maintain the trail or the channel, if needed in the future. If in the future the WSDOT Mitigation interferes with Renton's current use of the site or ability to maintain said trail and flood control facilities, Renton may terminate this Memorandum of Understanding and require WSDOT to remove the mitigation project from Renton's property. 4. Access for on-going maintenance of WSDOT's mitigation project shall be coordinated with the City Parks Department. IV. LEGAL RELATIONS Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in any way resulting from, each of the PARTY's negligent acts or omissions. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, Memorandum of Understanding Impact Mitigation Page 3 or damages is caused by the sole negligence of the PARTY. Where such claims, suits, or actions result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to each of the other PARTY only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that any of the PARTIES or combination of the PARTIES incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible PARTY or combination of the PARTIES to the extent of that PARTY's/those PARTIES' culpability. This indemnification shall survive the termination of this AGREEMENT. This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation Signed: Craig Stone Dated Signed: Jesse Tanner, Mayor Dated South King County Area Administrator Memorandum of Understanding Impact Mitigation Page 4 �- tit I ( a Mitigation•Site "`\;', '' WAIV •- �(�'� fib-' •� _ --t � t:. of ��+ a 24 ` bsla■ :- of . -- �\•� :{ ;.;:.::. Project Site 46 I M — 1 — 25 l �` M uthC@rtt°���� S F~ I�I-- - —.._ _ .•� ..�y Y. �Ik;: .,a^ 'A II ail ■ `7 c'' - a -"� ► • e:.r a�= 11 ��t ' + ��• N� l Jv i _ (Tukwila +1 �� 1 +LO .. :. Pt {, D Tap.Q&CnPpigk @ D999 Dd—Ya wh ME(dM 5o a Nfw USES 742 R Scdm 1:ANO Deal 110 DYat—WG%4 Figure 1. Springbrook Creek riparian zone mitigation. Memorandum of Understanding Impact Mitigation Page 5 4 M r ' r • • • • m > Y s sr e I i ANAL- Grady 0' 1100M 0' '100yd Figure 2. Proposed mitigation site along west side of Springbrook Creek next to the King County Metro Treatment Plant located north of Grady Way. The specific location will be determined by WSDOT Landscape Services. Return Address: City Clerk's Office City of Renton 1055 South Grady Way '4 _ Renton, WA 98055-3232 0 Title: Temporary Construction Property Tax Parcel Number: 242304-9098 Agreement Mitigation for SR 405/SR167 Flyover Project Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. Washington State Department of Transportation The Grantor,for and in consideration of mutual benefits,does by these presents,grant unto the Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the North Half of Section 24,Township 23 North,Range 4 East,W.M.,in King County,Washington described more particularly on the attached Exhibit "A"page 3 hereof. For the purpose of planting,installing,repairing,replacing,maintaining natural riparian habitat in the vicinity of the Springbrook Creek buffer including the removal of existing invasive plants and installation of endemic species according to the approved project plans and monitoring 1. Grantee shall, at its own cost and expense, maintain, replant, alter, replace, and shall do all things necessary to keep said project mitigation conforming to the project plan. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Agreement Areas for the purpose of maintaining,repairing, altering, replacing or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Agreement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Agreement Areas. 3. Any damage to Grantor's trail surfaces caused by Grantee,their contractors,employees or agents,shall be repaired at Grantee's expense by saw cutting,removal and replacement process and/or overlay as required after consultation with Grantor's Parks Department Director or designated staff. 4. Grantee shall provide reasonable written notice to Grantor's Parks Department Director prior to entering the Agreement Areas or performing work thereon, and coordinate all on-going maintenance with Grantor's Parks Department. Grantee agrees to keep the Agreement Areas free of liens or encumbrances arising out of any of the work performed on the Agreement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 5. Grantor shall retain the right to use the surface area within the Agreement Area provided that in the event any portion of the project property is used for any other purpose, Grantor shall notify Grantee of such alternate use and provide an alternative mitigation site in the vicinity for relocation of the mitigation project. Any such relocation shall be at the sole cost and expense of Grantee. 6. Grantee shall provide and post signs indicating the dates and scope of any work in the Agreement Areas, including any trail closure dates, and provide detour routes for any closures. Signs shall be posted at SW 7'Street and also at SW Grady Way trail access points. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This agreement shall become effective upon execution by the Grantor from date hereof,and shall continue through the completion of project construction plus the requisite three-year monitoring period and shall expire upon the earlier of the end of the monitoring period or December 31,2008. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of 52001. Approved and Accepted By: Grantor(s): City of Renton Grantee(s): State of Washington Mayor City Clerk STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that on the day of , 2001 JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said City. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: Page 2 EXHIBIT "A" MITIGATION SITE LEGAL DESCRIPTION That portion of the following parcel,BEGINNING at the True Point of Beginning of said parcel; Thence southeasterly along the final curve referenced in said parcel description with radius of 9.15 feet, a distance of 12.67 feet; Thence S 11'34'46"E,a distance of 311.39 feet; Thence N 78'25'14"E, a distance of 10 feet,to the True Point of Beginning; Thence S 11'34'46"E,a distance of 350 feet; Thence N 78°25'14"E, a distance of 29 feet; Thence N 11'34'46"W, a distance of 350 feet; Thence S 78°25'14"W, a distance of 29 feet,more or less,to the True Point of Beginning. PARCEL: 242304-9098 That portion of the North Half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: BEGINNING at the North Quarter corner of said Section 24, thence S 00°55'30"W, along the north-south centerline of said Section 24, a distance of 159.12 feet, to a point on the southerly line of a tract of land recorded under King County Recording Number 7301180480; Thence S 89°04'30"E,along said southerly line a distance of 439 feet; Thence S 00°55'30" W, a distance of 300 feet to a point on the northerly margin of a parcel owned by METRO and the True Point of Beginning; Thence along said north margin N 89°04'30" W, a distance of 238.60 feet; Thence N 73°04'46" W, a distance of 46.48 feet to a point of curvature the center of which bears N 16°55'12"E,with a radius of 431.53 feet; Thence northerly along said curve 425.13 feet to a point on the north line of the Burlington Northern Railroad property; Thence S 73°04'46" E, along said north line, a distance of 495.13 feet to a point of curvature the center of which bears S 16°55'14"W with radius of 500 feet; Thence southeasterly along said curve 536.69 feet; Thence continuing along the easterly line of said Burlington Northern Railroad property S 11'34'46" E , a distance of 1351.65 feet to the southerly line of the former Burlington Northern Railroad right of way; Thence S 77°25'43" W, along said southerly line, a distance of 118.05 feet; Thence N 18°39'08"W,a distance of 100.57 feet; Thence N 77°25'43"E,a distance of 20.43 feet; Thence N 12°48'36"W, a distance of 64.02 feet; Thence N 11'34'46"W, a distance of 29.75 feet; Thence S 78°25'14"W,a distance of 30.73 feet; Thence N 18°39'08" W, a distance of 318.94 feet to a point on the westerly line of said Burlington Northern Railroad property; Thence N 11'34'46"W, a distance of 783.48 feet; Thence S 78°25'14" W, a distance of 10 feet; Thence N 11°34'46" W, a distance of 311.39 feet to a point of curvature the center of which bears S 78°25'14"W with a radius of 9.15 feet; Thence northwesterly along said curve a distance of 12.67 feet to the True Point of Beginning; LESS that portion, if any, in the plat of Washington Technical Center as recorded in Volume 122, pages 98-102,records of King County, Washington. WSDOT TCE Legal/tgb/5-30-01 Page 3 Q6 ,;r CITY OF RENTON ••LL Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren RECEIVED MEMORANDUM J UN 1 ,9 2001 CITY OF RENTON UTILITY SYSTEMS To: Allen Quynn From: Lawrence J. Warren, City Attorney Date: June 15, 2001 Subject: WSDOT SR-167/I-405 Flyover Project Mitigation I have reviewed the documents as provided to me. I question the statement in Section III first line that the City and WSDOT are to engage in a partnership to provide enhancement and restoration. These are both state highways that are being improved. While the improvement will probably benefit the surface streets of the City, nonetheless, I do not believe that we should refer to the memorandum of understanding as creating a partnership. The partnership would expose the City to additional potential liability. I believe that there should be a broad indemnification clause, not only, as you suggest, for interference with City's future use of the site, but also for introduction of any toxic materials, unsuitable soils, or other harm to the City's property, as well as a broad indemnification from liability for injury to state workers, state contractors and subcontractors, or members of the general public incidental to activities under the memorandum of understanding. It also would appear that a resolution would be required for an interlocal cooperative agreement. We could draft that resolution when the memorandum of u erstanding is finalized. Lawrence J. Warren LJW:tmj cc: Jay Covington T10.31:09 1616to ����, Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (425) 255-8678 ®This paper contains 50%recycled material,20%post consumer men CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 14,2001 TO: Larry Warren FROM: Allen Quynn ! SUBJECT: WSDOT SR-167/1-405 Flyover Project Mitigation Please review and approve as to legal form the enclosed Memorandum of Understanding(MOU) and attached temporary construction easement between the City and the Washington State Department of Transportation(WSDOT). ISSUE: WSDOT has requested that Renton grant them the use of City property along Springbrook Creek for mitigation to impacts that will result from the construction of the SR-167/1-405 Flyover Project. The Project is scheduled for advertisement on June 27th. The P/B/PW Department has agreed to provide mitigation area, subject to council approval, for the project area along Springbrook Creek between the METRO treatment plant and the existing trail (see attached vicinity map). WSDOT and Renton will also enter into a formal agreement (MOU)that will outline the terms and conditions for providing the mitigation area. A temporary construction easement to be granted by the City will give WSDOT access to the site. The easement is included with the MOU. BACKGROUND The construction of the flyover ramp will require the removal of approximately 3,000 SF of riparian vegetation, including thirteen poplar and cottonwood trees adjacent to Rolling Hills Creek. The federal resources agency,National Marine Fisheries Service(NMFS),has determined that the removal of the trees will degrade the already poor habitat conditions of Rolling Hills Creek and will ultimately impact the water quality of the Springbrook Creek located approximately one (1) mile downstream. Springbrook Creek has been determined by NMFS to support Puget Sound Chinook Salmon, currently listed as threatened under the Endangered Species Act. To mitigate for these impacts NMFS has placed a condition on the approval of the Section 404 permit requiring WSDOT to replace the impacted trees and vegetation at a replacement ratio of 2:1. Therefore, for 3,000 SF of impact, a minimum of 6,000 SF of riparian habitat must be created. Unfortunately, WSDOT does not have sufficient right-of-way to accommodate the mitigation either in the vicinity of the project or downstream to Springbrook Creek, as required by NMFS. Subsequently, WSDOT asked Renton if it had available property for use in the riparian planting mitigation. City staff investigated potential sites along Springbrook Creek and found an area near H:\DIVISION.S\UTILI'n7E.S\DOCS\2001\2001-348.doc\AQ\tb the METRO plant that was within the riparian zone of Springbrook Creek. This location seemed appropriate, as it would provide aesthetic benefits by helping to block the view of the METRO facility, in addition to providing the necessary habitat for salmon. The proposed mitigation area is part of a parcel owned by the City. The parcel was acquired in the mid-1980's by the City for the construction of the P-1 Channel in cooperation with the Soil Conservation Service (now called the National Resource Conservation Service). Parks Department has a trail along the west side of the creek and adjacent to the mitigation area. NMFS has reviewed and approved the use of City property for the purpose of providing riparian planting mitigation for the SR-167/1-405 Flyover Project. Once you have reviewed and made any changes to the MOU, the City version will be forwarded to WSDOT for their final review. The final version of the MOU and attached temporary construction easement will be packaged with an agenda bill and presented to the City Council for approval. GENERAL COMMENTS ON THE MOU: The document is generally weak in providing the City protection from liability under various circumstances. An indemnification clause, for example, may be appropriate particularly in the situation where the project may interfere with the City's future use of the site. The City is not requiring WSDOT to pay a fee in exchange for grating them permission to use the site. Please call me if you have any questions 425-430-7247. cc: Ron Straka H:\DMSION.S\UTILITIE.S\DOCS\2001\2001-348.doc\AQ\tb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 3,2001 TO: Larry Warren FROM: Allen Quynn SUBJECT: WSDOT SR-16 /SR-405 Flyover Project Mitigation Enclosed please find the draft Memorandum of Understanding (MOU) and temporary construction easement for the above-mentioned project. I have made some changes that I hope address the concerns you had from your comment memo dated June 15, 2001. WSDOT has also made some changes and additions to the MOU. I had them add a Legal Relations Section that includes indemnification language. Please review the MOU and temporary construction easement and make any changes as necessary. Also,could you please draft the required resolution for interlocal agreements. My plan is to submit the MOU agenda bill package to the City Clerk on Monday, July 9 for council approval at the July 16 council meeting. If you have any questions, please call me at 425-430-7247. cc: File H:\DIVISION.S\UTILITIE.S\DOCS\2001\2001-384.doc\a Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055-3232 Title: Temporary Construct' n Property Tax Parcel Number: 242304-9098 Agrey.ment Mitigation for R 40 SR167 Flyover Project Grantor(s): Grantee(s): 1. City of Renton,a Municipal Corporation 1. Washington State Department of Transportation The Grantor,for and in consideration of mutual benefits,does by these presents,grant unto the Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the North Half of Section 24,Township 23 North,Range 4 East,W.M.,in King County,Washington described more particularly on the attached Exhibit "A" page 3 hereof. For the purpose of planting,installing,repairing,replacing,maintaining natural riparian habitat in the vicinity of the Springbrook Creek buffer including the removal of existing invasive plants and installation of endemic species according to the approved project plans and monitoring 1. Grantee shall, at its own cost and expense, maintain, replant, alter, replace, and shall do all things necessary to keep said project mitigation conforming to the project plan. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Agreement Areas for the purpose of maintaining,repairing,altering, replacing or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Agreement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Agreement Areas. 3. Any damage to Grantor's trail surfaces caused by Grantee,their contractors, employees or agents,shall be repaired at Grantee's expense by saw cutting,removal and replacement process and/or overlay as required after consultation with Grantor's Parks Department Director or designated staff. 4. Grantee shall provide reasonable written notice to Grantor's Parks Department Director prior to entering the Agreement Areas or performing work thereon, and coordinate all on-going maintenance with Grantor's Parks Department. Grantee agrees to keep the Agreement Areas free of liens or encumbrances arising out of any of the work performed on the Agreement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 5. Grantor shall retain the right to use the surface area within the Agreement Area provided that in the event any portion of the project property is used for any other purpose, Grantor shall notify Grantee of such alternate use and provide an alternative mitigation site in the vicinity for relocation of the mitigation project. Any such relocation shall be at the sole cost and expense of Grantee. 6. Grantee shall provide and post signs indicating the dates and scope of any work in the Agreement Areas, including any trail closure dates, and provide detour routes for any closures. Signs shall be posted at SW 7"'Street and also at SW Grady Way trail access points. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This agreement shall become effective upon execution by the Grantor from date hereof,and shall continue through the completion of project construction plus the requisite-fyear monitoring period and shall expire upon the earlier of the end of the monitoring period or December 31,2008. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of ,2001. Approved and Accepted By: Grantor(s): City of Renton Grantee(s): State of Washington Mayor City Clerk STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that on the day of , 2001 JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any,is the corporate seal of said City. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: Page 2 EXHIBIT "A" MITIGATION SITE LEGAL DESCRIPTION That portion of the following parcel,BEGINNING at the True Point of Beginning of said parcel; Thence southeasterly along the final curve referenced in said parcel description with radius of 9.15 feet, a distance of 12.67 feet; Thence S 11'34'46"E, a distance of 311.39 feet; Thence N 78'25'14"E,a distance of 10 feet,to the True Point of Beginning; Thence S 11034'46"E, a distance of 350 feet; Thence N 78°25'14"E,a distance of 29 feet; Thence N 11034'46"W,a distance of 350 feet; Thence S 78°25'14"W, a distance of 29 feet,more or less,to the True Point of Beginning. PARCEL: 242304-9098 That portion of the North Half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: BEGINNING at the North Quarter corner of said Section 24,thence S 00°55'30"W, along the north-south centerline of said Section 24, a distance of 159.12 feet, to a point on the southerly line of a tract of land recorded under King County Recording Number 7301180480; Thence S 89°04'30"E,along said southerly line a distance of 439 feet; Thence S 00°55'30" W, a distance of 300 feet to a point on the northerly margin of a parcel owned by METRO and the True Point of Beginning; Thence along said north margin N 89°04'30"W, a distance of 238.60 feet; Thence N 73°04'46" W, a distance of 46.48 feet to a point of curvature the center of which bears N 16°55'12"E,with a radius of 43 1.5 3 feet; Thence northerly along said curve 425.13 feet to a point on the north line of the Burlington Northern Railroad property; Thence S 73°04'46"E, along said north line, a distance of 495.13 feet to a point of curvature the center of which bears S 16°55'14"W with radius of 500 feet; Thence southeasterly along said curve 536.69 feet; Thence continuing along the easterly line of said Burlington Northern Railroad property S 11'34'46"E , a distance of 1351.65 feet to the southerly line of the former Burlington Northern Railroad right of way; Thence S 77°25'43"W,along said southerly line, a distance of 118.05 feet; Thence N 18°39'08"W, a distance of 100.57 feet; Thence N 77°25'43"E, a distance of 20.43 feet; Thence N 12°48'36"W, a distance of 64.02 feet; Thence N 11'34'46"W, a distance of 29.75 feet; Thence S 78°25'14"W, a distance of 30.73 feet; Thence N 18°39'08" W, a distance of 318.94 feet to a point on the westerly line of said Burlington Northern Railroad property; Thence N 11'34'46"W,a distance of 783.48 feet; Thence S 78'25'14"W, a distance of 10 feet; Thence N 11'34'46" W, a distance of 311.39 feet to a point of curvature the center of which bears S 78°25'14"W with a radius of 9.15 feet; Thence northwesterly along said curve a distance of 12.67 feet to the True Point of Beginning; LESS that portion, if any, in the plat of Washington Technical Center as recorded in Volume 122, pages 98-102,records of King County, Washington. WSDOT TCE Legal/tgb/5-30-01 Page 3 91e City of Re,.ton Department of Planning/Building/Public b.marks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: P0.VIe- S COMMENTS DUE: JUNE 12, 2001 APPLICATION NO: LUAS-01-072,SME DATE CIRCULATED: MAY 29,2001 APPLICANT: Washington State DOT PROJECT MANAGER: Laureen Nicola PROJECT TITLE: DOT Habitat Mitigation Project WORK ORDER NO: N/A LOCATION: W.side of Springbrook Creek near Metro Plant SITE AREA: N/A I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Habitat/Vegetation Enhancement project located adjacent to West side of Springbrook Creek near the Metro Treatment Plant. The project is proposed to mitigate impacts to Rolling Hills Creek due to DOT construction near the intersection of SR-167 and 1-405. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Lan&'Shorelire Use Utilities Animals Transportation Environmental Health Public Services Energy) Historic/Cultural Natural Resources Preservation °t Airport Environment 10,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS / &Atl� We have reviewed this application with particular attention to those areas in which we have expertise nd have identified areas of probable impact or areas where additional information is ne d to property as ss this proposal. I � t 4111 Signatu e o Director or AuthoriRev.10l93 �,ese, n five Date Routing ti Return Address: i LC yt CA City Clerks Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Agreement Mitigation for 405/SR167 Flyover Project Grantor(s): X Grantee(s): 1. City of Renton,a Municipal Corporation 1. Washington State Department of Transportation The Grantor,for and in consideration of mutual benefits,does by these presents,grant unto the Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the North Half of Section 24,Township 23 North,Range 4 East,W.M.,in King County,Washington described more particularly on the attached Exhibit "A"page 3 hereof. For the purpose of planting,installing,repairing,replacing,maintaining natural riparian habitat in the vicinity of the Springbrook Creek buffer including the removal of existing invasive plants and installation of endemic species according to the approved project plans and monitoring 1. Grantee shall, at its own cost and expense, maintain, replant, alter, replace, and shall do all things necessary to keep said project mitigation conforming to the project plan. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Agreement Areas for the purpose of maintaining,repairing,altering, replacing or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Agreement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Agreement Areas. 3. Grantee shall provide reasonable notice to Grantor prior to entering the Agreement Areas or performing work thereon. Grantee agrees to keep the Agreement Areas free of liens or encumbrances arising out of any of the work performed on the Agreement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 4. Grantor shall retain the right to use the surface area within the Agreement Area provided that in the event any portion of the project property is used for any other purpose, Grantor shall notify Grantee of such alternate use and provide an alternative mitigation site in the vicinity for relocation of the mitigation project. Any such relocation shall be at the sole cost and expense of Grantee. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This agreement shall become effective upon execution by the Grantor from date hereof,and shall continue through the completion of project construction plus the requisite five-year monitoring period and shall expire upon the earlier of the end of the monitoring period or December 31,2008. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of ,2001. Approved and Accepted By: Grantor(s):City of Renton Grantee(s): State of Washington Mayor City Clerk STATE OF WASHINGTON ) )ss. COUNTY OF KING I certify that on the day of , 20W JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed,if any,is the corporate seal of said City. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: Page 2 EXHIBIT "A" MITIGATION SITE LEGAL DESCRIP ION That portion of the f g parcel,BE at the True Point of Beginning of said parcel Thence south- erly along a curve with r of 9.15 feet the center of which bears S 00° 5'30" W, a distance o 67 feet; Thence S 11° 4 ,a diistancs Thence N 78° '14"E,a distance 10 feet,to a Point of Beginning; Thence S 11°34'4 n of350 feet- Thence N 78°25'14"E,a di nce of 29 feet; Thence N 11'34346"W, distance of 350 feet; Thence S 78°25'14" ,a distance of 29 feet,more or ss,to the Point of Beginning. PARCEL: 242304-9098 That portion of the North Half of Section 24, Township 2 orth, Range 4 East, W.M., in King County, Washington described as follows: BEGINNING at the North Quarter corner of said Section 24,th ce S 00°55'30"W, along the north-south centerline of said Section 24, a distance of 159.12 feet, to a poi on the southerly line of a tract of land recorded under King County Recording Number 7301180480; Thence S 89°04'30"E,along said southerly line a distance of 439 fe t; Thence S 00°55'30" W, a distance of 300 feet to a point on the northerly margin of a parcel owned by METRO and the True Point of Beginning; Thence along said north margin N 89°04'30"W,a distance of 238.60 feet; Thence N 73°04346" W, a distance of 46.48 feet to a point of curvature the center of which bears N 1605511211 E,with a radius of 431.53 feet; Thence northerly along said curve 425.13 feet to a point on the north line of the Burlington Northern Railroad property; Thence S 73°04'46" E, along said north line, a distance of 495.13 feet to a point of curvature the center of which bears S 16055'14"W with radius of 500 feet; Thence southeasterly along said curve 536.69 feet; Thence continuing along the easterly line of said Burlington Northern Railroad property S 11'34'46"E , a distance of 1351.65 feet to the southerly line of the former Burlington Northern Railroad right of way; Thence S 77°25'43"W,along said southerly line,a distance of 118.05 feet; Thence N 18°39'08"W,a distance of 100.57 feet; Thence N 77°25'43"E,a distance of 20.43 feet; Thence N 12°48'36"W,a distance of 64.02 feet; Thence N 11'34'46"W,a distance of 29.75 feet; Thence S 78°25'14"W,a distance of 30.73 feet; Thence N 18°39'08" W, a distance of 318.94 feet to a point on the westerly line of said Burlington Northern Railroad property; Thence N 11'34'463'W,a distance of 783.48 feet; Thence S 78°25'14"W,a distance of 10 feet; Thence N 11'34'46" W, a distance of 311.39 feet to a point of curvature the center of which bears S 78°25'14"W with a radius of 9.15 feet; Thence northwesterly along said curve a distance of 12.67 feet to the True Point of Beginning; LESS that portion, if any, in the plat of Washington Technical Center as recorded in Volume 122, pages 98-102,records of King County,Washington. Page 3 Return Address: EXHIBIT A City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Property Tax Parcel Number: 242304-9098 Agreement Mitigation for 405/SR167 Flyover Project Grantor(s): Y Grantee(s): 1. City of Renton, a Municipal Corporation 1. Washington State Department of Transportation The Grantor,for and in consideration of mutual benefits,does by these presents,grant unto the Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the North Half of Section 24,Township 23 North,Range 4 East,W.M.,in King County,Washington described more particularly on the attached Exhibit "A"page 3 hereof. For the purpose of planting,installing,repairing,replacing,maintaining natural riparian habitat in the vicinity of the Springbrook Creek buffer including the removal of existing invasive plants and installation of endemic species according to the approved project plans and monitoring 1. Grantee shall, at its own cost and expense, maintain, replant, alter, replace, and shall do all things necessary to keep said project mitigation conforming to the project plan. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Agreement Areas for the purpose of maintaining,repairing,altering, replacing or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Agreement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Agreement Areas. 3. Grantee shall provide reasonable notice to Grantor prior to entering the Agreement Areas or performing work thereon. Grantee agrees to keep the Agreement Areas free of liens or encumbrances arising out of any of the work performed on the Agreement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 4. Grantor shall retain the right to use the surface area within the Agreement Area provided that in the event any portion of the project property is used for any other purpose, Grantor shall notify Grantee of such alternate use and provide an alternative mitigation site in the vicinity for relocation of the mitigation project. Any such relocation shall be at the sole cost and expense of Grantee. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This agreement shall become effective upon execution by the Grantor from date hereof,and shall continue through the completion of project construction plus the requisite five-year monitoring period and shall expire upon the earlier of the end of the monitoring period or December 31,2008. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of ,2001. Approved and Accepted By: Grantor(s): City of Renton Grantee(s): State of Washington Mayor City Clerk STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that on the day of , 2000 JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed,if any, is the corporate seal of said City. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: Page 2 EXHIBIT "A" MITIGATION SITE LEGAL DESCRIP ION That portion of the f g parcel,BE IN at the True Point of Beginning of said parcel Thence southe erly along a curve with r of 9.15 feet the center of which bears S 00' 5'30" W, a distance o 67 feet; Thence S 11° 4' "-E-,-a-distance_ Thence N 78' '14"E, a distance 10 feet,to a Point of Beginning; Thence S 11'34'4 , of 350 feet Thence N 78°25'14"E,a di nce of 29 feet; Thence N 11'34'46"W, distance of 350 feet; Thence S 78°25'14" , a distance of 29 feet, more or ss,to the Point of Beginning. PARCEL: 242304-9098 That portion of the North Half of Section 24, Township 2 orth, Range 4 East, W.M., in King County, Washington described as follows: BEGINNING at the North Quarter corner of said Section 24,th ce S 00°55'30" W, along the north-south centerline of said Section 24, a distance of 159.12 feet, to a poi on the southerly line of a tract of land recorded under King County Recording Number 7301180480; Thence S 89°04'30"E, along said southerly line a distance of 439 fe t; Thence S 00°55'30" W, a distance of 300 feet to a point on the northerly margin of a parcel owned by METRO and the True Point of Beginning; Thence along said north margin N 89°04'30"W,a distance of 238.60 feet; Thence N 73°04'46" W, a distance of 46.48 feet to a point of curvature the center of which bears N 1605511211 E,with a radius of 431.53 feet; Thence northerly along said curve 425.13 feet to a point on the north line of the Burlington Northern Railroad property; Thence S 73°04'46" E, along said north line, a distance of 495.13 feet to a point of curvature the center of which bears S 16°55'14"W with radius of 500 feet; Thence southeasterly along said curve 536.69 feet; Thence continuing along the easterly line of said Burlington Northern Railroad property S 11'34'46"E , a distance of 1351.65 feet to the southerly line of the former Burlington Northern Railroad right of way; Thence S 77°25'43"W, along said southerly line, a distance of 118.05 feet; Thence N 18°39'08"W.a distance of 100.57 feet; Thence N 77°25'43"E, a distance of 20.43 feet; Thence N 12°48'36"W,a distance of 64.02 feet; Thence N 11'34'46"W,a distance of 29.75 feet; Thence S 78°25'14"W, a distance of 30.73 feet; Thence N 18°39'08" W, a distance of 318.94 feet to a point on the westerly line of said Burlington Northern Railroad property; Thence N 11'34'46"W,a distance of 783.48 feet; Thence S 78°25'14"W,a distance of 10 feet; Thence N 11'34'46" W, a distance of 311.39 feet to a point of curvature the center of which bears S 78°25'14" W with a radius of 9.15 feet; Thence northwesterly along said curve a distance of 12.67 feet to the True Point of Beginning; LESS that portion, if any, in the plat of Washington Technical Center as recorded in Volume 122, pages 98-102,records of King County,Washington. Page 3 To 23Na R4E . W . M . ,y SPRINCSROOK CREEK '------- J ..........._ CATCH BASIN 80 m EXISTING TRAIL i - -- _-- - - - -- - -- M-----5k�"S — �— -- --- ------ --- - --- --- - - - - - - L µ� i s� METRO) SEWAGE TREATMENT PLANT ACCESS TO EXISTING TRAIL FROM METRO SEWAGE TREATMENT Q PLANT BRIDGE N o; v ` O c O EG0. STATE FED.AID PROJ.NO. DESIGNED BY D.PETERS 10 WASH _ SR 405 PP4 ENTERED BY K.McLEAN Washington State SR 167 I/C MODIFICATION CHECKED BY J.WRIGHT JOB KOWA g PROJ. ENGR. J.JOHNSON .TVDepartment of Transportation SHEET GIONAL ADM. J.OKAMOTO coxTn.cT .a. 50 OF DATE DATE REVISION ley SITE PLAN 170 SHEETS City of Re„ton Department of Planning/Building/Public �.Irks — + ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: P(t VIG S COMMENTS DUE: DUNE 12, 2001 APPLICATION NO: LUAS-01-072,SME DATE CIRCULATED: MAY 29, 2001 APPLICANT: Washington State DOT PROJECT MANAGER: Laureen Nicola PROJECT TITLE: DOT Habitat Mitigation Project WORK ORDER NO: N/A LOCATION: W.side of Springbrook Creek near Metro Plant SITE AREA: N/A I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Habitat/Vegetation Enhancement project located adjacent to West side of Springbrook Creek near the Metro Treatment Plant. The project is proposed to mitigate impacts to Rolling Hills Creek due to DOT construction near the intersection of SR-167 and 1-405. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shorelire Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet y� 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise nd have identified areas of probable impact or areas where additional information is needed to properly as�ss this proposal. /��, Signatu e oYDirector or Authori d epresen tive Date Rev.10l93 Routing e a Washington State Northwest Region Department of Transportation 15700 Dayton Avenue North P.O. Box 330310 Sid Morrison Secretary of Transportation Seattle,WA 98133-9710 (206)440-4000 June 26, 1998 City of Renton City of Renton 200 Mill Avenue S SR 167 Renton WA 98055 84rh Ave S to Grady Way Construct Fishladder & Revise Drainage Attention: Ron Straka Channel Participating Agreement GCA 1239 Attached are two copies of the referenced agreement for the City's signature. Please have both agreements signed and dated on the second page. After signing, please return both to the State for further processing. Any alterations to the agreement will require further review and approval through the Olympia Service Center. Thank you for your cooperation. Sincerely, CBENCE G. PAANANEN, PE TransAid Engineer, Northwest Region TGP/NG W/nw Attachment cc: file: GCA 1239 dsgn: J. Johnson, MS 143 cnstr: I. Goller, MS 59 N prgmnt: N. Alberg, MS 105 �` � c` gG�v 1239.01.ItrAoc Washington State G L#_ Department of Transportation Organization and Address Local Agency City of Renton Participating 200 Mill Ave. S. Agreement Renton, WA 98055 Work by State - Actual Cost Section/Location Agreement Number SR 167 - 84th Ave. S. to S. Grady Way GCA 1239 Culvert Construction State Route Number Control Section Number Description of Work 167 176500 Install fishladder structure and channel reconstruction Region See attached Exhibits. Northwest Region Advance Payment Amount 12,990 THIS AGREEMENT, made and entered into this day of between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereinafter the"STATE")and the above named organization, (hereinafter the"LOCAL AGENCY'). WHEREAS,the STATE is planning the construction or improvement of a section of the state route as shown above, and in connection therewith,the LOCAL AGENCY has requested that the STATE perform certain work as herein described, and/or is responsible for a portion of the work as provided for under WAC 468-18-040(5)(d), and WHEREAS, it is deemed to be in the best interest for the STATE to include the necessary items of work in the STATE's construction contract proposed for the improvement of this section of State Highway, and WHEREAS,the LOCAL AGENCY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: The LOCAL AGENCY agrees, upon satisfactory completion of the GENERAL work involved,to deliver a letter of acceptance to the STATE which The STATE, as agent acting for and on behalf of the LOCAL shall include a release and waiver of all future claims or demands AGENCY, agrees to perform the above"Description of Work". of any nature resulting from the performance of the work under this AGREEMENT. Plans,specifications and cost estimates shall be prepared by the If a letter of acceptance is not received by the STATE within STATE in accordance with the current State of Washington 90 days following completion of the work,the work will be Standard Specifications for Road, Bridge, and Municipal considered accepted by the LOCAL AGENCY and shall Construction, and amendments thereto, and adopted design release the STATE from all future claims and demands of any standards, unless otherwise noted. The STATE will incorporate nature resulting from the performance of the work under this the plans and specifications into the STATE's project and AGREEMENT. thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the The LOCAL AGENCY may withhold this acceptance of work by contract. submitting written notification to the STATE within the 90-day period.This notification shall include the reasons for withholding The LOCAL AGENCY hereby approves the plans and the acceptance. specifications for the described work as shown on Exhibit"B", II attached hereto and by this reference made a part of this AGREEMENT. PAYMENT The LOCAL AGENCY, in consideration of the faithful performance The LOCAL AGENCY may, if it desires,furnish an inspector on of the work to be done by the STATE, agrees to reimburse the the project. Any costs for such inspection will be borne solely by STATE for the actual direct and related indirect cost of the work. the LOCAL AGENCY. All contact between said inspector and the STATE's contractor shall be through the STATE's representative. DOT Form 224-065 EF Revised 1/97 An itemized estimate of cost for work to be performed by the The LOCAL AGENCY shall have five(5)working days from the STATE at the LOCAL AGENCY's expense is marked Exhibit"A", date of written notification to inform the STATE to delete the work. and is attached hereto and by this reference made a part of this Should the LOCAL AGENCY exercise its option to delete the work, AGREEMENT. the LOCAL AGENCY agrees, upon billing by the STATE,to reimburse the STATE for preliminary engineering costs incurred by Partial payments shall be made by the LOCAL AGENCY, upon the STATE to include the work covered by this AGREEMENT in request of the STATE,to cover costs incurred. These payments the STATE's contract. are not to be more frequent than one(1)per month. It is agreed that any such partial payment will not constitute agreement as to IV the appropriateness of any item and that, at the time of the final EXTRA WORK audit, all required adjustments will be made and reflected in a final payment. In the event unforeseen conditions require an increase in the cost of 25 percent of more from that agreed to on Exhibit"A",this The LOCAL AGENCY agrees to make payment for the work to be AGREEMENT will be modified by a supplement AGREEMENT done by the STATE within thirty(30)days from receipt of billing covering said increase. from the STATE. In the event it is determined that any change from the description of The LOCAL AGENCY agrees that if payment for the work is not work contained in this AGREEMENT is required, approval must be made within ninety(90)days after receipt of billing the STATE secured from the LOCAL AGENCY prior to the beginning of such may withhold any tax monies which the LOCAL AGENCY is work.Where the change is substantial,written approval must be entitled to receive from the Motor Vehicle Fund until payment for secured. the work is received by the STATE. Reimbursement for increased work and/or a substantial change The LOCAL AGENCY agrees to pay the STATE the"Advance in the description of work shall be limited to costs covered by a Payment Amount"stated above within 20 days after the STATE written modification, change order or extra work order approved by submits its first partial payment request to the LOCAL AGENCY. the LOCAL AGENCY. The advance payment represents approximately fifteen(15) V percent of the estimate of cost and covers costs incurred by the RIGHT OF ENTRY STATE in the initial stages of the project.The advance payment will be carried throughout the Irfe of the project with final The LOCAL AGENCY hereby grants and conveys to the STATE adjustment made in the final payment. the right of entry upon all land which the LOCAL AGENCY has interest,within or adjacent to the right of way of the highway,for the purpose of constructing and if necessary, maintaining said III improvements. DELETION OF WORK Upon completion of the work outlined herein, all future operation In the event the estimate of cost, EXHIBIT"A", is in excess of and maintenance of the LOCAL AGENCY's facilities shall be at the $10,000 and the total actual bid prices for the work covered by this sole cost of the LOCAL AGENCY and without expense to the AGREEMENT exceeds the estimate of costs by more than STATE. 15 percent,the LOCAL AGENCY shall have the option of directing VI the STATE to delete all or a portion of the work covered by this LEGAL RELATIONS AGREEMENT from the STATE's contract. Except,that this provision shall be null and void if the LOCAL AGENCY's portion of No liability shall attach to the STATE or the LOCAL AGENCY by the work exceeds 20 percent of the actual total contract bid price, reason of entering into this AGREEMENT except as expressly or if the LOCAL AGENCY is responsible for the costs under state provided herein. law or the Washington Administrative Code WAC 468-18-040(5)(d). IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By Title Title Date DOT Forth 224-065 EF Revised 1197 0 rn V � TOTAL UNIT STD. ITEM PROJECT ITEM NO. QUANTITY PRICE NO. UNIT ITEMS TOTAL 2 LS DOLLAR FISH LADDER 55,538.90 16 205 18.00 0310 C.Y. ROADWAY EXCAVATION INCL. HAUL 3,690,00 17 134 5.00 0408 TON SELECT BORROW INCL. HAUL 670.00 Y 18 0.05 1,500.00 6419 ACRE WETLAND SEEDING AND FERTILIZING BY HAND 75.00 19 20 30.00 6438 C.Y. COMPOST 600.00 0 20 200 4.00 6552 EACH PSIPE SITKA WILLOW, 18" HT., LIVE STAKE 800.00 21 200 4.50 6552 EACH PSIPE RED OSIER DOGWOOD, 18" HT., BARE ROO1 900.00 c 22 10 5.50 6552 EACH PSIPE WESTERN RED CEDAR, 15" HT., #1 CONT. 55.00 23 19 30.00 6580 C.Y. BARK OR WOODCHIP MULCH 570.00 24 38 1.50 6572 LB, FERTILIZER-GRANULAR 57.00 25 LS 2,400.00 DOLLAR FISH WADS 2,400.00 26 20 55.00 C.Y. RIPRAP 1,100.00 SUBTOTAL $ 66,455.90 SALES TAX @ 8.6% $ 5,715.21 z SUBTOTAL $ 72,171.11 CONSTRUCTION ENGINEERING @ 18% $ 12,990.80 INDIRECT COST @ 8.09 $ - ** TOTAL $ 85,161.91 Notes_ Engineering charges will be determined by a proration of the engineering consts of the entire project to the constructuion costs of the work covered by this agreement. *' No Indirect Cost based on Overhead Agreement OH 1-00016 G CA 1239 EXHIBIT A To22No9R04Eo9W . M To23No9Ro4Eo9WoMo P V BEGIN PROJECT co N SR 167 M. P. 21 . 40 in STA. L 8 9 6+2 5 ANDOVER PARK . ANOOVER PARK w SOS CL M 68TH AVE S 00 68TH AVE S y ANDOVLR : PARK + 'can I Mi�...... _0 N o......... .............. = ..a.................. E O . :.4 �i ANDOVER PK E �►�S CIF R I VF UNION PACIFIC RAILROAD `(• O o —« VAIIE *�E S /// 72N0 76TH AVE S gURL INGION NOR"' .......::;s•.{•::•:::4:::.:: AA .............::::......:....::.o::........... ..........:.-.. h BEGIN CONSTRUCTION SR 167 KEN TM.P. 2 4 . 7 _ C? EK STA. L 1D7 0 ` � END CONSTRUCTION� Z N N Q . � _84 TH AVE S 84TH AVE S R � E —� . .....`.-":...... "� SPRINOBROOK CREEX = SR 167 o R 5 E......... ...-""""....... .......... MIA P. 26. 1 9 N 9 7 11 8 8 CARRISO,CtEE% N.tJ 4�A. N:W IIND VE SK = L AVE Z"Z i• ti r55 aN O E VALLEY Ro , N a+•"{' - '-'~` o d I67 - TO SEATTLE 12 MILES s ?/ZTN _ . :•uC ��i TALBOT RO S ---- ----------------- ;TH < AV S .................................... !- : i :.; ...........g ._. ............................. ':. O = • N N O ti I04TH AVE SE L.IMI:ISI S s�z N R N TON K)8TH AVE SE ~ St5 � � 108TH AVE SE N NNE Trn n r END PROJECT -= + SR 167 IN 4 M. P. 26. 11 STA. EE 1010+00 N O O •p -u p Cl 'H _ CD G CA 1239 0 1000 2000 SCALE IN FEET Eov a��ON EXHIBIT 8 ""10M TATE FED.AID PROJ.NO. ENVIRONMENTAL AND ENGINEERING DESIGNED BY M.OU I N TE I R SERVICE CENTER SR 167 V I ENTERED BY l0 WASH 84TH AVE.S. TO S. GRADY WAY C. SUAFOAMCLE00 Washington State CHECKED BY R. jOHNSO ,o.K...c. � CULVERT COeVSTRUCTION SHUT PROD. ENGA J. OKAMOTN CIA Department of Transportation 2 REGIONAL ADM, J. OKAAl0T0 coNnucT N0. or GATE GATE REVISION BY VICINITY MAP 46 SHEETS T - 23N o 9 R . H . W . M , cuiry OF EQUATION NEW DEEPENED CHANNEL (SEE SH.OP2) v n e WETLAND MITIGATION AREA m o (SEE SHEET LS1 ) , a o 00 oo in A-ST-PALTErneAII-- - n WETLAND P-3 (W-4801- en J `_ '0 H I on N ! I G I_�- - - -- - —7 - - - --�- •• o I 1 I - - o on —T —T II ' I L ----- ---- ---------- -- --------- --------------------------- -------------------------- o -.- ------- -------------------- ----- -- ------ -- - - - - ------- -———.— _ PB — — — —— ——————————--———— --- --------------- in -I ------------------��L �- - - ------- - --------- ------ - ---------- ;,,II - -- ----- - - - - - 1120 -- - --- -- -- ---- - - - _ - - - - 1 I 1-i ---- ------- ----------- ----- --- --- - _- - - - - - - --------------------- _ �- - - - --------------- --__- - -- .� .__ ---- ----- --r- _ - - - - ----------------- - a -- ------------------- 1 ----------------- -------- --- ---------- ------------ i�;- tf� - - _ M �n ►- -----------------T- - - - - - - --- --------- --------- _ ------------------ ---_____ ==____=_ - - ----- - .- -_ _ - - ; III --- ----- --� -I -I ( m` -------------------- G--- - - ,-- _ .--- ----------- -- C3 W - --- a- .+ -__�� -__--_ _ _ __ - �-.-.- . - - �__�- . -•-- + r 1-----_----------- � -R----- _--_�'--�'-----r-_ " ICI •p �1u1• s _ �f �f J J __�_:_-.--•--•�-3.- _--11- - --,ter'-��-.. �.II _ — ---------------- I NEW CROSS CULVERT —(—o �- EXISTING 4" CONDUIT LEGEND BURIED I' LEFT OF CENTER LINE 1 1 AND 2' DEPTH % ; -o--o-- EXST.OIL LNIE WETLAND BOUNDARY • I / _op— —ep— - EXST.BURIED POWER J -aT— —ST— - EXST.BURIED TEL. 0 CULVERT -OP— —OP— _ EXST.OVERHEAD POWER Q CATCH BASIN GC A1239 -OT— —OT— _ EXST.OVERHEAD TEL. CONTROL STRC. _1— —w— _ EXST.WATER o EXST.UTILITY POLE EXST.SEWER F EXST.POLE ANCHOR -s— —s— - EXST.MANHOLE -o— —o— - EXST.DRAINAGE q EXST.FIRE HYO. EXST.DITCH�`�` ---- ` - EXST.CATCH BASIN EXST.CULVERT EXST.GRATE INLET _ — — — _ EXST.GAS , EXST.JUNCTION BOX TYPE 1 0 50 100 ---------- EXST.4'CONDUIT SCALE IN FEET TATE FED.AID PROJ.NO. ENVIRONMENTAL AND ENGINEERING SERVICE CENTER SR 167 D4 DESIGNED BY M.OUINTEIR 10 WASH �,� 84TH AVE.S. TO S.GRAPY WAY ENTERED BY M,SALEEM Washington State CULVERT CONSTRUCTION SHUT CHECKED BY R. JOHNSO OL2'� A Department of Transportation t- 12 PROD. EHCR. J. JQHHSON REGIONAL ADM. 04MA""0• 1 4r DATE DATE REVISION BY DRAINAGE PLAN s+ccrs L EXISTING WETLAND ................................................................................................. -7 .......... .......................................................................................I..................... ........................................................I..................................... 10------------------------- .......................................................................................................... CHANNEL LAYOUT TABLE .............................................................................................................. 4 .............................................................................................. 0-T -.-L .4 ............... / -0*- -0 -0 NO- STATION* OFFSET(RT&LT)* ELEVATION SLOPE- .............................................................................................................. --------------------------- 3 .........................................................SHELF--AT'ELEV'-'--g................ -8.0 12.19 RT 10.26 2:1 ..................................................................... ................n................. 4.00 RT 0 ............................................................................................................. 0.0 10 2 6.27 0 2-0.............................................. .................................................. ------------ ------------- 3 122.94 12.14 RT 13.55 2:1 ................................................................................. ........................... ................................................... 8.0- ......................................................... .................................................... 4 4.00 RT 5.25 0 107.20 ......................................................... ...... ....................... cli ---------------I--- -------- 10 % .............. 5 122.28 27.15 LT 13.55 0 ........................................................ ........... .......StOPIE-VARIts-11 c) �J/ 7 116.32 26.92 LT ........... .............................:'If. .......... ... ..-.........MAX.. ....... EXISTING 2- 6 107.20 8.39 LT 9.00 3:1 ............................. -............r -........ C:) 5 1-0............ --- ----------- CMP CULVERTS ..................................... ............... ......................................................... 13.55 2tI 0 ................................................ ....................................................... 9- ............................. ................... .LQP.E,.A.T..3.;.l............... 14 CL 31.98 LT 9.00 a 95.97 0 .oe ...................... ..... ................................ fn ....... ............................................................. 9 116.87 55.94 LT 21l --------------------- I in ................... -J 7 12 cy ..............................I..................................................................... .................................................................... Y 10 19.38 31.9'2-L T 9.00 0 .............. ................................. ....................*............. co 10.......... ............................. A a;-4-M--------------- 10 54.95 LT 2tl 11 34.58 9 CIE ,j 9.DO SECTION A- A 12 0.0 12.05 LT 2:1 0 13 -8.0 12.08 LT 10.26 2tl 14 0.0 4.00 LT 6.25 0 co C)-i a 0 20 40 DRAINAGE CHANNEL WETLAND MITIGATION AREA PROFILE SEE SHEET LSI ...............................................................................................................................CHANNEL..E.XCAVAT.I(M.....125...C-.-Y.............................................................................................................................. ............. .................................................................................................I................ ty----1-1111,11-11---------- ....................................................................................................................................................... ......................................I................................................... ........... ......................................................................................................................................................................................................................... ---30..................................................................................................................................................................................................................................................... ............................................................. *SEE PROFILE FOR OFFSET --------------- -------- -MAX. SLOPE 2:1 ............... ...................................................................................................... *MATCH EXISTING GROUND LEVEL ................................... ............................................................................ ............................................ .................................................................... ................................................................................ ............... .......................................................................................... REMOVE EXISTING CMP RISERS ............I.......................... .... ..........................................................................I........I..................... .............................................................................................................. ..... ................................................................................... ..................... .......................................................................................... to CUT PIPE TO CONFORM TO SLOPE .............................I.......................................................... .................I..... ..... .....................................-..........................................j................................................................x............................................. ...................................................................................................... .................................._...........................................W. 1w z w.ai---...........11--11-11-1--1--.........; .............................-............. ......................................................................................................... ... ...............................................................................:z..................... .................................... ................................................... ................................................................... 4 .............1 ...............................I......................................................... 2-0................................................................................................... Q;............... ...............I........................................................................................ ..+...................................................................................... ........................................................................................................ ..........................I............................................................................ .............+ ........................ + .....I-------------------------------- 01-11-------,........................................................................................... ............................................................................................................ ..............................................................................A-,vx.w................................;............................I........................................... ..................................................................... .......I.............. .... ................................................................................ L 0, (n;................I..............;1.......................................................................... --------------- I .......................................................--- E�.1.............. ........--------- --------------- ------- ------------------- RIPRAP SLOPE ...... . ..................................................................I......................-.............................. ........... ............................................................. ........ PROTECTIONAT INLET .....................................................................:�� ....... .......................................EXTSTTNG**GROUND**.................. .... .......... ..................... ..................................................................... .............. ..................... ....................... ..... ........... ............................. ............................... ..... ............................................................................ 10-........................................................................ . ..... ........................................................................................... ................;... ....................... .......................... .... ........................... GCA 1239 �-------------- - ---------- ....................................................................................... .................................................................. ---- ............. ........ ............. .. ....................... ....................... .......................................................................................... ..... ..... ........................ . ....................... ...... ......................... ...................................................................................... .... ............................ ............................. ... ....F-XISTIUG..4.8"..DiAm...r-UL.V.ER-T........................ Y-- .. ....*.... ..... ........... ......... .c....... ......I.................I...107-w-7-2............ . ..................... ...........................................................NwG-i-Vv()�...OF...1-929....... . EXHIBIT B ----------------------------------------- .........*...........*..................... ........ *. ............... ---- - ----- ----------- .............................................................................................. ...............................................I................................................... .......U;7!lt�.......................................................... . .. . .. ........... ... . ... ................................................................. .. .......................................................................................................... .................... ...................................................... --- -1�........................................................................................................ ................................................................................................................ .......................................I............................................... 10...................... .................................................................................. .......... .. ------------------------------------------------ ----------- %.'-jSTATE FED.AID PROJ.NO. ENVIROWEMAL AND ENGINEERING DESIGNED BY M.OUINTEIRC 10 WASH SERVICE CENTER SR 167 DP2 ENTERED By --W.(XJINTEIRC Amok" 84TH AVE.& TO S.GRADY WAY By n F Washington State CHECKED CULVERT CONSTRUCTION * SHU - ENGR. J. JOHNSON R. SUAFOA i MAP Department of Transportation C 14 46 DATE DATE REVISION BY DITCH PROFILE SWATS . 4iY W , � rQ Z 29'-0"t NOTES: 0: LJ 1. CONTRACTORS OPTION TO BOLT OR WELD WEIR CORN EXCAVATE ANGLE TO SHEET PILE, 10'-3't � 2. ALL CONCRETE SHALL BE CLASS 4000 W/� 6' DIA CULVERT � ------ FABRICATED \ / EXCCTE UNDER HEADWALL FOOTING TO Sl1fTA8LE J 3. BEARING MATERIAL AS DETT;RM ENGINEER COMPACT GRAVEL BAIL THE SHEET P1lE 06X OF MAXIMUM DENSITY. 1 L4z3 4, SHEET PILE SHALL BE DRIVEN PRIOR TO WEIR 2 2._O. CONSTRUCTION OF HEADWALL 5. FENCE SHALL BE TYPE 3 AS SFpWN IN THE WSDOT 4f► I I * I STANDARD PLANS DWG L-2< I Q I I + :�r Z I I J WEIR 1 Z i HEIR 3 + L4z3 WEIR PL1 SUPPORT + + +- yq --- - --' FABRICATED * a + 4? + p CCNCCA£TE CORNER ; *440� HEADWALL O N *4 4'HIGH CHAIN iY SPACING n S BOLTS O 4# 4!#4f► LM FENCE PZ 22 SHEET PILE WALL, TYP I WEIR 4 FISH LADDER PLAN404. - — W SCALE 1/4' 1-(r H Q O 10�0 e 4 lV--0" SCALE. 1 SECTION e 41 EL 16.00 CHAIN LINIK F7=NICE F- APPROXIME B ATACKnu LINE EXTERIOR OF SHEET PILE EL 14.M CHANGE EL AT d FABRICATED COf2IERS EL 13.00 5/6' GALV BOLT I I EL 11.5 012 EL 10.5 EL 9.5 I EL 9.5 EL 8.5 EL 6.5 EL 7.5 _ z. S GALV BOLT O 12, EL 6.5 E-ERTRA _IN HEADW Y WEIR SUPPORT ANGLE FOR COPE TOP FOOTING EL 5.5 A 6' HOLE SPACING 1 LEG 0 1/2' WEIR 11E1R L4z3z5/16 � 5�1 ANGLE PLATE r FLOW Q -1.Ot - ROUNDED 5X GALV GRAVEL SACITILFOUNDATIONS BOLT O 12" FOR OUNDA11p15 SPACING SEE NOTE 3 (SEE NOTE 1) L4z3z5/16 J/16 VETR SUPPORT WEIR SHEET PIE PLATE 3/I6 SHEET PILE 3/16 SEE NOTE 1 WALL SECTION D EL -10.0 SECTION c SCALE- 6' El.-124 CHANCE EL AT SCALE: 6' --FABRICATED CORNERS G CA 1239 EL -17.0 1/4'- A EXHIBIT o SCALE 1/4�-1'-0" - REGION g STATE FED.AID PROJ.NO. PRELIMINARY DESIGNED 8Y 8 ENTERED BY 10 WASH � SR 167 DP3 ` CHECKED BY ,oc M" Washington State 84th AVE S TO S GRADY WAY SHEET ransportation MAP Transportation ENGR. r. REGIONAL ADM. CONTRACT No. 1001 FOLMHAVBMsuriE2S00 DATE I DATE REVISION BY SEATTLE.WAN154..1004 FISH LADDER CONSTRUCTION, SHEET 1 v,rEn w a z Li w Ln 4•HIGH FENCE i4 W► TYP 64 EL 1Q00 W 4'-0" 1•-(Y 2•-0' 64 EXTRA Ul Q z -------------- a i501 J C1R 2 DIAGONALS z ------ ---------- -- EACH FACE (, I "2 Ln 06 W p b4 40 iA K jq er r 64 "2 44 � A EXTRA t5 EF ------------------- - "2 2•-4' LAP S C p L#D SHEET /7012 1/2-x3--1/2- KEY to bq n PILE. 4' WH b4 SECTION SE(;T10FJ DETAIL 1 sc,� ,n. - ,•�- F SCALE. 1/2' - 1•�• - SCALE 1/2- 0 J a G CA 1239 e EXHIRIT $ PRELIMINARY R',a' STATE FED.AID PROJ.NO. 8 DESIGNED BY SR 167 DP4 ENTERED BY 8 10 WAS Wepartrn AVE $ TO S GRADY WAY CHECKED 8Y +�� • D @M i�of�Transp rtabOn scET Y PROJ. ENGR. 1DD1 FOUFTiNAVDM sur E 2500 REGIONAL ADM. �"^'^CTNQ SEATTLE WAW54-1004 FlSN LADDER CONSTRUCTION, SHEET 2 GATE DATE REVISION BY -- a CITY OF RENTON ..iL Planning/Building/Public Works Department 7 e Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 21,2001 Manuel Quinteiro Washington State Department of Transportation PO Box 330310,MS 143 Seattle, WA 98133-9710 SUBJECT: WSDOT SR-167/I-405 FLYOVER MITIGATION PROJECT Dear Mr. Quinteiro: Enclosed please find the Memorandum of Understanding(M.O.U.)with City comments. The City Attorney reviewed the document and had a few concerns. In particular,he wants to see a broad indemnification clause that would hold the City harmless from the introduction of toxic chemicals, unsuitable soils,or other harm to the City's property and from liability for injury to state workers, state contractors and subcontractors, or members of the general public incidental to activities under the MOU. He does not want to refer to the MOU as a partnership, as this may expose the City to additional potential liability. I have left this clause out of the MOU to give you the opportunity to draft an indemnification clause that you feel comfortable with. WSDOT might have some standard language from agreements with other agencies that would cover indemnification. I've included an example indemnification clause from an agreement the City has with King County. Please contact me at either 425-430-7244 or aguynn(a,ci.renton.wa.us if you have any questions. Sincerely, Allen Quyn ,P ject Manager Surface Wa er tility Cc: John Johnson,WSDOT Enclosures 1055 South Grady Way-Renton,Washington 98055 1 ' ®This paper contains 50%recycled material,30%post consumery Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING between THE CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SRI_405/SR-167 interchange. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for Interstate (I)-=405 southbound collector distributor traffic merging with traffic from State Route (SRC-167. The project will construct a flyover structure from the existing southbound I-405 off-ramp to the southbound SR-167 on-ramp and will modify the existing southbound S-RI=-405-to- northbound SR_167 ramp. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS)has authority to ensure recovery of Puget Sound ESU chinook salmon. Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 in (-1500 ft) to the Panther Creek wetland, the P-9 drainage channel, and to Springbrook Creek. Approximately 280 m2 (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries H ADI V IS10N.S\UTI LITIE.S\DOCS\200I\2001-323.doc Memorandum of Understanding Impact Mitigation Page 2 Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore a partnership in riparian mitigation efforts within the Springbrook Creek basin. joint e&f4with King County and the Affay Gef:ps of Engineers, andwill aeeept 3AISDOT as an additional pat4nef. The eity is plafming n 1. r,nr. eI- .a m-0 .f tVe4.A r.n . lith n the.. a betwppn .� f F� e a � � reet The proposed mitigation site is located on City of Renton property along the west side of Springbrook Creek, next to the King County Metro Treatment Plant, north of Grady Way and west of Oaksdale Ave. ($see attached map). A temporary Construction Easement to be granted by Renton is included in Exhibit A. III. CRITERIA AND PROCEDURES Renton and WSPOT hereby mutaally agree to engab- Under the Memorandum of Understanding Renton will allow WSDOT to construct on Renton property approximately 770m' (8288 ftz) of habitat Vie-enhancements and restoration along (9000 W*-af--Springbrook Creek as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The plant installation for restoration will be completed no later than 2003. The plant establishment period for the project will extend for 3 years up to 2005, or as otherwise required by NMFS or other agency permit conditions. 1. WSDOT is responsible for the maintenance, monitoring, and plant establisthnent. success of the mitigation project thfough the plant establi 4as required by all local, state and federal permit. Renton will not be held accountable for ensuring the success of the WSDOT mitigation project. 2. The-City-Renton will be responsible to immediately inform WSDOT in writing of any land use changes at the site, that adversely impact the riparian planting or riparian function at the site. 3. The proposal cannot interfere with Renton's current use of the site, which consist of a trail and the channel that was constructed for flood control and habitat benefits. This includes Renton's ability to maintain the trail or the channel, if needed in the future. If in the future the WSDOT Mitigation interferes with Renton's current use of the site or ability to maintain said trail and flood control facilities, Renton may terminate this agreement and require WSDOT to remove the mitigation project from Renton's property, Memorandum of Understanding Impact Mitigation Page 3 This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation Sur-faee Water-Utilities es Division Signed: Craig Stone Dated Signed: Jesse Tanner, Mayor Dated South King County Area Administrator Memorandum of Understanding Impact Mitigation Page 4 381, ^ �1G `cam} (� t` p/y -�_ .�� ti=`• ,.' :if' i.. - 4, Mitigation Site St S • s J . 4�����'rot:l�� � (� • � �1 � � � = . 24 Project Site f l 46 M f... M.4 +} S a _ m �► mwA 26'a 12130 25 � 1 1 Tukwila +f + Li w ! ffly lO .>►. D rapoQeds CaP)ai l m 1999 Delnrwr Y:smL,ME o4096 Somce Demi:USGS �1742 @ Sc2k:1:2%ON Dvt&lie Dm me WGW Figure 11. Springbrook Creek riparian zone mitigation. Memorandum of Unde AGnding Impact Mitigation Page / way . . : yy> J Qyy fZY1 \ > ' ' 'Dp e ' ' ' J m,d Figure 2-2. Proposed m ! &■§nn site along west side gfSpringbr ok Creek next to the King County Metro Treatment Plant located north of Grady Way. The specific location will bedetermined by WSDOT Landscape Services. Return Address: EXHIBIT A City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055-3232 Title: Temporary Construction Property Tax Parcel Number: 242304-9098 Agreement Mitigation for Qk 405/SR167 Flyover Project Grantor(s): Y Grantee(s): 1. City of Renton,a Municipal Corporation 1. Washington State Department of Transportation The Grantor,for and in consideration of mutual benefits,does by these presents,grant unto the Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the North Half of Section 24,Township 23 North,Range 4 East,W.M.,in King County,Washington described more particularly on the attached Exhibit "A"page 3 hereof. For the purpose of planting,installing,repairing,replacing,maintaining natural riparian habitat in the vicinity of the Springbrook Creek buffer including the removal of existing invasive plants and installation of endemic' species according to the approved project plans and monitoring I. Grantee shall, at its own cost and expense, maintain, replant, alter, replace, and shall do all things necessary to keep said project mitigation conforming to the project plan. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Agreement Areas for the purpose of maintaining,repairing,altering, replacing or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Agreement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Agreement Areas. 3. Grantee shall provide reasonable notice to Grantor prior to entering the Agreement Areas or performing work thereon. Grantee agrees to keep the Agreement Areas free of liens or encumbrances arising out of any of the work performed on the Agreement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 4. Grantor shall retain the right to use the surface area within the Agreement Area provided that in the event any portion of the project property is used for any other purpose, Grantor shall notify Grantee of such alternate use and provide an alternative mitigation site in the vicinity for relocation of the mitigation project. Any such relocation shall be at the sole cost and expense of Grantee. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This agreement shall become effective upon execution by the Grantor from date hereof,and shall continue through the completion of project construction plus the requisite five-year monitoring period and shall expire upon the earlier of the end of the monitoring period or December 31,2008. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of ,2001. Approved and Accepted By: Grantor(s): City of Renton Grantee(s): State of Washington Mayor City Clerk STATE OF WASHINGTON ) )ss. COUNTY OF KING I certify that on the day of , 2080 JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed,if any,is the corporate seal of said City. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: Page 2 EXHIBIT "A" MITIGATION SITE LEGAL DESCRIPTION That portion of the following parcel,BEGINNING at the True Point of Beginning of said parcel; Thence southeasterly along a curve with radius of 9.15 feet the center of which bears S 00°55'30" W, a distance of 12.67 feet; Thence S 11'34'46"E, a distance of 311.39 feet; Thence N 78'25'14"E, a distance of 10 feet,to the Point of Beginning; Thence S 11'34'46"E,a distance of 350 feet; Thence N 78'25'14"E, a distance of 29 feet; Thence N 11 034'46"W, a distance of 350 feet; Thence S 78°25'14"W,a distance of 29 feet,more or less,to the Point of Beginning. PARCEL: 242304-9098 That portion of the North Half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: BEGINNING at the North Quarter corner of said Section 24,thence S 00°55'30" W, along the north-south centerline of said Section 24, a distance of 159.12 feet, to a point on the southerly line of a tract of land recorded under King County Recording Number 7301180480; Thence S 89°04'30"E, along said southerly line a distance of 439 feet; Thence S 00°55'30" W, a distance of 300 feet to a point on the northerly margin of a parcel owned by METRO and the True Point of Beginning; Thence along said north margin N 89°04'30"W, a distance of 238.60 feet; Thence N 73°04'46" W, a distance of 46.48 feet to a point of curvature the center of which bears N 16055'12"E,with a radius of 431.53 feet; Thence northerly along said curve 425.13 feet to a point on the north line of the Burlington Northern Railroad property; Thence S 73°04'46" E, along said north line, a distance of 495.13 feet to a point of curvature the center of which bears S 16°55'14"W with radius of 500 feet; Thence southeasterly along said curve 536.69 feet; Thence continuing along the easterly line of said Burlington Northern Railroad property S 11'34'46"E, a distance of 1351.65 feet to the southerly line of the former Burlington Northern Railroad right of way; Thence S 77°25'43"W,along said southerly line,a distance of 118.05 feet; Thence N 18°39'08"W,a distance of 100.57 feet; Thence N 77025'43"E, a distance of 20.43 feet; Thence N 12°48'36"W,a distance of 64.02 feet; Thence N 11 034'46"W,a distance of 29.75 feet; Thence S 78°25'14"W, a distance of 30.73 feet; Thence N 18°39'08" W, a distance of 318.94 feet to a point on the westerly line of said Burlington Northern Railroad property; Thence N 11'34'46"W,a distance of 783.48 feet; Thence S 78°25'14"W, a distance of 10 feet; Thence N 11'34'46" W, a distance of 311.39 feet to a point of curvature the center of which bears S 78°25'14"W with a radius of 9.15 feet; Thence northwesterly along said curve a distance of 12.67 feet to the True Point of Beginning; LESS that portion, if any, in the plat of Washington Technical Center as recorded in Volume 122, pages 98-102, records of King County, Washington. Page 3 T o 23N o RAE . W . M . ,J- 't, SPRINGBROOK CREEK ' I r^, CATCH BASIN SO "m - <: EXISTING TRAIL i, _ - - - - - -- ---- -- --- -------- ---- -- -- -Y1-r-- �- > < --- ---- -------- ---- ---- ---- -- ---- "r > _, _--- -- METRO SEWAGE TREATMENT PLANT , ACCESS TO EXISTING TRAIL FROM METRO SEWAGE TREATMENT Q PLANT BRIDGE N of Q ' O a� C a "'G'!'"hTATE FED.AID PROJ.NO. _ SR 405 DESIGNED BY O.PETERS 10 wasR - PP4 ENTERED BY K.McLEAN Washington State SR 167 I/C MODIFICATION JOB �E" SWEET CHECKED BY J.WR 1 GH T ., Department of Transportation EE PROD. ENGR. J.JOHNSON50 REGIONAL ADM. J.OKAMOTO COwTRKT wo- OF DATE DATE REVISION BY SITE PLAN 170 S"EETS Ta 23N o R4E . W . M . ^ r SPRI NCSROOK CREEK _ - - CATCH BASIN • �$m 80 m x EXISTING TRAIL _ - __ __- -- _ � -'"�'— _ y Y� METRO SEWAGE TREATMENT PLANT ' ACCESS TO EXISTING TRAIL FROM METRO SEWAGE TREATMENT Q PLANT BRIDGE N O � a C r O ,!" TATE FED.AID PROJ.NO. DESIGNED BY O.PETERS IO WASH _ SR 405 PP4 ENTERED BY K.McLEAN Washington State SR 167 I/C MODIFICATION CHECKED BY J.WRIGHT JOB woven Department of Transportation s«EE, PROJ. ENGR. J.JOHNSON SO REGIONAL ADM. J.OKAMOTO cat«.c,w. OF SITE PLAN 170 DATE DATE REVISION BY $MEE 1S I X. Indemnification and Hold Harmless 2 The Parties agree to the following: 3 Each Party shall protect, defend, indemnify, and save harmless the other Parties, 4 their officers, officials, employees, and agents, while acting within the scope of 5 their employment as such, from any and all costs, claims,judgments, and/or 6 awards of damages, arising out of or in any way resulting from each Party's own 7 negligent acts or omissions. Each Party agrees that its obligations under this 8 subparagraph extend to any claim, demand, and/or cause of action brought by, or 9 on behalf of, any of its employees or agents. For this purpose, each Party, by 10 mutual negotiation, hereby waives,with respect to the other Parties only, any 11 immunity that would otherwise be available against such claims under the 12 Industrial Insurance provisions of Title 51 RCW. In the event that a Party incurs 13 any judgment, award, and/or cost arising therefrom, including attorneys' fees, to 14 enforce the provisions of this Article, all such fees, expenses, and costs shall be 15 recoverable from the responsible Party to the extent of that Party's culpability. 16 17 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on 18 the 19 day of , 19 20 21 22 Approved as to Form King County: 23 24 25 By: By. 26 27 28 Title: Title: 29 30 31 32 Approved as to Form City of Newcastle: 33 34 35 By: By: 36 37 38 Title: Title: 39 40 41 Approved as to Form City of Renton: 42 43 44 By: By. 45 46 47 Title: Title: 48 10 „ - e CITY OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 21,2001 Manuel Quinteiro Washington State Department of Transportation PO Box 330310,MS 143 Seattle,WA 98133-9710 SUBJECT: WSDOT SR-167/I-405 FLYOVER NIITIGATION PROJECT Dear Mr. Quinteiro: Enclosed please find the Memorandum of Understanding(M.O.U.)with City comments. The City Attorney reviewed the document and had a few concerns. In particular,he wants to see a broad indemnification clause that would hold the City harmless from the introduction of toxic chemicals,unsuitable soils,or other harm to the City's property and from liability for injury to state workers, state contractors and subcontractors,or members of the general public incidental to activities under the MOU. He does not want to refer to the MOU as a partnership,as this may expose the City to additional potential liability. I have left this clause out of the MOU to give you the opportunity to draft an indemnification clause that you feel comfortable with. WSDOT might have some standard language from agreements with other agencies that would cover indemnification. I've included an example indemnification clause from an agreement the City has with King County. Please contact me at either 425-430-7244 or aquynn(cr),ci.renton.wa.us if you have any questions. Sincerely, Allen Qu ject Manager Surface Wa er tility Cc: John Johnson,WSDOT Enclosures rent° 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,30%post consumer en tell Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING between THE CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the&RI_405/SR-167 interchange. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for Interstate (I)-_405 southbound collector distributor traffic merging with traffic from State Route (SRC-167. The project will construct a flyover structure from the existing southbound I-405 off-ramp to the southbound SR--167 on-ramp and will modify the existing southbound SRI=-405-to- northbound SR-167 ramp. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS)has authority to ensure recovery of Puget Sound ESU Chinook salmon. Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 in (-1500 ft) to the Panther Creek wetland, the P-9 drainage channel, and to Springbrook Creek. Approximately 280 in (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries H:\DIVISION.S\UTILITIE.S\DOCS\2001\2001-323.doc Memorandum of Understanding Impact Mitigation Page 2 Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore a partnership in riparian mitigation efforts within the Springbrook Creek basin. Renton TrV'Z[r(G[rCT planning CV C72L VrVe'Ir,Creek L[11L[l evaaadjoint effbi4 with King County and the Afniy Gefps of va aaa u Engineers, and will ffeeept 3AISDOT as an additional pai4aef. c rin reek Cf-eek-isleeated east of 7 and south of Renten. The eity : planning «« �,1 . .is +; ,«s . ,:*4,;« the , L, L.o♦..,00« C'\II Znth 11T 49 1, Street, a between. 0*..,00« The proposed mitigation site is located on City of Renton property along the west side of Springbrook Creek, next to the King County Metro Treatment Plant, north of Grady Way and west of Oaksdale Ave. ($see attached map). A temporary Construction Easement to be granted by Renton is included in Exhibit A. III. CRITERIA AND PROCEDURES Renton a 3AISDOT her-el y inutually—agFee to engage in apurm r�Under the Memorandum of Understanding Renton will allow WSDOT to construct on Renton property approximately 770m2 (8288 ft2) of habitat Vie-enhancements and restoration alon>? -(9000—€ )�Springbrook Creek ^«�r. I ',itat as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The plant installation for restoration will be completed no later than 2003. The plant establishment period for the project will extend for 3 years up to 2005 or as otherwise required by NMFS or other agency permit conditions. 1. WSDOT is responsible for the maintenance, monitoring, and nt success of the mitigation project as required by all local state and federal permit. Renton will not be held accountable for ensuring the success of the WSDOT mitigationproject. 2. The-C-4�-Renton will be responsible to immediately inform WSDOT in writing of any land use changes at the site, that adversely impact the riparian planting or riparian function at the site. 3. The proposal cannot interfere with Renton's current use of the site, which consist of a trail and the channel that was constructed for flood control and habitat benefits. This includes Renton's ability to maintain the trail or the channel, if needed in the future. If in the future the WSDOT Mitigation interferes with Renton's current use of the site or ability to maintain said trail and flood control facilities, Renton may terminate this agreement and require WSDOT to remove the mitigation project from Renton's property. Memorandum of Understanding Impact Mitigation Page 3 This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation S,,.-f Water-Utilities Division Signed: Craig Stone Dated Signed: Jesse Tanner, Mayor Dated South King County Area Administrator Memorandum of Understanding Impact Mitigation Page 4 Mitigation Site `, • ' ; t T n , ; ■ � f i Project Site F 46 tf, 25 f I� rt �r ■r �. ;ataAwila owa R i 20 Al All Jai :1� � j r �■'' * �ilYai D TupuQ.&CaP"iod m 1999 Ar[a Yazmmrth ME WN Sn a Daw USES 74 g Sesk:1:AM Dub&110 Drt=WQ%4 Figure 1-1. Springbrook Creek riparian zone mitigation. Memorandum of Understanding Impact Mitigation Page S MCu* x y S _ f yy S 0` loom 0' 1100yd Figure 2-. Proposed mitigation site along west side of Springbrook Creek next to the King County Metro Treatment Plant located north of Grady Way. The specific location will be determined by WSDOT Landscape Services. 3 Return Address: EXHIBIT A City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Property Tax Parcel Number: 242304-9098 Agreement Mitigation for 405/SR167 Flyover Project Grantor(s): Grantee(s): 1. City of Renton,a Municipal Corporation 1. Washington State Department of Transportation The Grantor,for and in consideration of mutual benefits,does by these presents,grant unto the Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the North Half of Section 24,Township 23 North,Range 4 East,W.M.,in King County,Washington described more particularly on the attached Exhibit "A"page 3 hereof. For the purpose of planting,installing,repairing,replacing,maintaining natural riparian habitat in the vicinity of the Springbrook Creek buffer including the removal of existing invasive plants and installation of endemic' species according to the approved project plans and monitoring 1. Grantee shall, at its own cost and expense, maintain, replant, alter, replace, and shall do all things necessary to keep said project mitigation conforming to the project plan. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Agreement Areas for the purpose of maintaining,repairing, altering, replacing or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Agreement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Agreement Areas. 3. Grantee shall provide reasonable notice to Grantor prior to entering the Agreement Areas or performing work thereon. Grantee agrees to keep the Agreement Areas free of liens or encumbrances arising out of any of the work performed on the Agreement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 4. Grantor shall retain the right to use the surface area within the Agreement Area provided that in the event any portion of the project property is used for any other purpose, Grantor shall notify Grantee of such alternate use and provide an alternative mitigation site in the vicinity for relocation of the mitigation project. Any such relocation shall be at the sole cost and expense of Grantee. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This agreement shall become effective upon execution by the Grantor from date hereof,and shall continue through the completion of project construction plus the requisite five-year monitoring period and shall expire upon the earlier of the end of the monitoring period or December 31,2008. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of ,2001. Approved and Accepted By: Grantor(s):City of Renton Grantee(s): State of Washington Mayor City Clerk STATE OF WASHINGTON ) )ss. COUNTY OF KING I certify that on the day of , 2W JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal axed,if any,is the corporate seal of said City. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: Page 2 EXHIBIT "A" MITIGATION SITE LEGAL DESCRIPTION That portion of the following parcel,BEGINNING at the True Point of Beginning of said parcel; Thence southeasterly along a curve with radius of 9.15 feet the center of which bears S 00°55'30" W, a distance of 12.67 feet; Thence S 11'34'46"E, a distance of 311.39 feet; Thence N 78'25'14"E,a distance of 10 feet,to the Point of Beginning; Thence S 11'34'46"E,a distance of 350 feet; Thence N 78°25'14"E,a distance of 29 feet; Thence N 11'34'46"W, a distance of 350 feet; Thence S 78°25'14"W,a distance of 29 feet,more or less,to the Point of Beginning. PARCEL: 242304-9098 That portion of the North Half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: BEGINNING at the North Quarter corner of said Section 24,thence S 00°55'30"W, along the north-south centerline of said Section 24, a distance of 159.12 feet, to a point on the southerly line of a tract of land recorded under King County Recording Number 7301180480; Thence S 89°04'30"E, along said southerly line a distance of 439 feet; Thence S 00°55'30" W, a distance of 300 feet to a point on the northerly margin of a parcel owned by METRO and the True Point of Beginning; Thence along said north margin N 89°04'30"W,a distance of 238.60 feet; Thence N 73°04'46" W, a distance of 46.48 feet to a point of curvature the center of which bears N 16°55'12"E,with a radius of 431.53 feet; Thence northerly along said curve 425.13 feet to a point on the north line of the Burlington Northern Railroad property; Thence S 73°04'46" E, along said north line, a distance of 495.13 feet to a point of curvature the center of which bears S 16°55'14"W with radius of 500 feet; Thence southeasterly along said curve 536.69 feet; Thence continuing along the easterly line of said Burlington Northern Railroad property S 11'34'46"E , a distance of 1351.65 feet to the southerly line of the former Burlington Northern Railroad right of way; Thence S 77°25'43"W,along said southerly line, a distance of 118.05 feet; Thence N 18°39'08"W,a distance of 100.57 feet; Thence N 77°25'43"E, a distance of 20.43 feet; Thence N 12°48'36"W,a distance of 64.02 feet; Thence N 11'34'46"W,a distance of 29.75 feet; Thence S 78°25'14"W, a distance of 30.73 feet; Thence N 18°39'08" W, a distance of 318.94 feet to a point on the westerly line of said Burlington Northern Railroad property; Thence N 11'34'46"W,a distance of 783.48 feet; Thence S 78'25'14"W, a distance of 10 feet; Thence N 11'34'46" W, a distance of 311.39 feet to a point of curvature the center of which bears S 78°25'14"W with a radius of 9.15 feet; Thence northwesterly along said curve a distance of 12.67 feet to the True Point of Beginning; LESS that portion, if any, in the plat of Washington Technical Center as recorded in Volume 122, pages 98-102, records of King County,Washington. Page 3 T o 23N o R4E o W . M . SPRI NCBROOK CREEK , . -- CATCH BASIN -2& m 80-m - r r <. EXISTING TRAIL _ METRO SEWAGE TREATMENT PLANT ' ACCESS TO EXISTING TRAIL FROM METRO SEWAGE TREATMENT Q PLANT BRIDGE N m D• ' O a, C .7 0 "E,`ro1OwSTATE FED.AID PROJ.NO. DESIGNED BY D.PETERS 10 WASH SR 405 PP4 ENTERED BY K.McLEAN Washington State SR 167 I/C MODIFICATION CHECKED BY J.WRIGHT JOB" ^ Department of Transportation SHEET PROJ. ENGR. J.JOHNSON SO GIONAL M. J.OKAMOTO CO.TNKT .o- a DATE DATE REVISION BY SITE PLAN 170 SNEEIs T o 23N a R4E . W . M . - SPRI NCBROOK CREEK "�- r' _ •;�` �'�, - CATCH BASIN 80 n / ,. ! _ ;. < EXISTING TRAIL - -=- - - -- -- ; -.., --- - `L i i *r METRO SEWAGE TREATMENT PLANT ' ACCESS TO EXISTING TRAIL FROM METRO SEWAGE TREATMENT Q PLANT BRIDGE N Q O a, C O STATE FED.AID PROJ.NO. _ DESIGNED BY O.PETERS 10 waste SR 405 PP4 ENTERED BY K.McLEAN Washington State SR 167 I/C MODIFICATION CHECKED BY J.MRIGHT Joe WJMEA PROJ. ENGR. J.JOHNSON v, Department of Transportation Sxr" SO REGIONAL ADM. J.OKAMOTO CO"'"" or "O•REVISION 70TE PLAN 1 GATE GATE BY SITE sx70 I X. Indemnification and Hold Harmless 2 The Parties agree to the following: 3 Each Party shall protect, defend, indemnify, and save harmless the other Parties, 4 their officers, officials, employees, and agents, while acting within the scope of 5 their employment as such, from any and all costs, claims,judgments, and/or 6 awards of damages, arising out of or in any way resulting from each Party's own 7 negligent acts or omissions. Each Party agrees that its obligations under this 8 subparagraph extend to any claim, demand, and/or cause of action brought by, or 9 on behalf of, any of its employees or agents. For this purpose, each Party, by 10 mutual negotiation, hereby waives,with respect to the other Parties only, any 11 immunity that would otherwise be available against such claims under the 12 Industrial Insurance provisions of Title 51 RC W. In the event that a Party incurs 13 any judgment, award, and/or cost arising therefrom, including attorneys' fees, to 14 enforce the provisions of this Article, all such fees, expenses, and costs shall be 15 recoverable from the responsible Party to the extent of that Party's culpability. 16 17 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on 18 the 19 day of 19 20 ' 21 22 Approved as to Form King County: 23 24 25 By: By: 26 27 28 Title: Title: 29 30 31 32 Approved as to Form City of Newcastle: 33 34 35 By: By: 36 37 38 Title: Title: 39 40 41 Approved as to Form City of Renton: 42 43 44 By: By: 45 46 47 Title: Title: 48 10 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 14,2001 TO: Larry Warren FROM: Allen Quynn SUBJECT: WSDOT SR-167/1-405 Flyover Project Mitigation Please review and approve as to legal form the enclosed Memorandum of Understanding(MOU) and attached temporary construction easement between the City and the Washington State Department of Transportation(WSDOT). ISSUE: WSDOT has requested that Renton grant them the use of City property along Springbrook Creek for mitigation to impacts that will result from the construction of the SR-167/1-405 Flyover Project. The Project is scheduled for advertisement on June 27th. The P/B/PW Department has agreed to provide mitigation area, subject to council approval, for the project area along Springbrook Creek between the METRO treatment plant and the existing trail (see attached vicinity map). WSDOT and Renton will also enter into a formal agreement (MOU)that will outline the terms and conditions for providing the mitigation area. A temporary construction easement to be granted by the City will give WSDOT access to the site. The easement is included with the MOU. BACKGROUND The construction of the flyover ramp will require the removal of approximately 3,000 SF of riparian vegetation, including thirteen poplar and cottonwood trees adjacent to Rolling Hills Creek. The federal resources agency,National Marine Fisheries Service(NMFS),has determined that the removal of the trees will degrade the already poor habitat conditions of Rolling Hills Creek and will ultimately impact the water quality of the Springbrook Creek located approximately one (1) mile downstream. Springbrook Creek has been determined by NMFS to support Puget Sound Chinook Salmon, currently listed as threatened under the Endangered Species Act. To mitigate for these impacts NMFS has placed a condition on the approval of the Section 404 permit requiring WSDOT to replace the impacted trees and vegetation at a replacement ratio of 2:1. Therefore, for 3,000 SF of impact, a minimum of 6,000 SF of riparian habitat must be created. Unfortunately, WSDOT does not have sufficient right-of-way to accommodate the mitigation either in the vicinity of the project or downstream to Springbrook Creek, as required by NMFS. Subsequently, WSDOT asked Renton if it had available property for use in the riparian planting mitigation. City staff investigated potential sites along Springbrook Creek and found an area near H:\DIVISION.S\UTILITIE.S\DOCS\2001\2001-348.doc\AQ\tb the METRO plant that was within the riparian zone of Springbrook Creek. This location seemed appropriate, as it would provide aesthetic benefits by helping to block the view of the METRO facility, in addition to providing the necessary habitat for salmon. The proposed mitigation area is part of a parcel owned by the City. The parcel was acquired in the mid-1980's by the City for the construction of the P-1 Channel in cooperation with the Soil Conservation Service (now called the National Resource Conservation Service). Parks Department has a trail along the west side of the creek and adjacent to the mitigation area. NMFS has reviewed and approved the use of City property for the purpose of providing riparian planting mitigation for the SR-167/1-405 Flyover Project. Once you have reviewed and made any changes to the MOU, the City version will be forwarded to WSDOT for their final review. The final version of the MOU and attached temporary construction easement will be packaged with an agenda bill and presented to the City Council for approval. GENERAL COMMENTS ON THE MOU: The document is generally weak in providing the City protection from liability under various circumstances. An indemnification clause, for example, may be appropriate particularly in the situation where the project may interfere with the City's future use of the site. The City is not requiring WSDOT to pay a fee in exchange for grating them permission to use the site. Please call me if you have any questions 425-430-7247. cc: Ron Straka H:\DIVISION.S\UTILITIE.S\DOCS\2001\2001-348.doc\AQ\tb A Return Address: EXHIBIT A City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Property Tax Parcel Number: 242304-9098 Agreement Mitigation for SR 405/SR167 Flyover Project Grantor(s): Grantee(s): 1. City of Renton,a Municipal Corporation 1. Washington State Department of Transportation The Grantor,for and in consideration of mutual benefits,does by these presents,grant unto the Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the North Half of Section 24,Township 23 North,Range 4 East,W.M.,in King County,Washington described more particularly on the attached Exhibit "A"page 3 hereof. For the purpose of planting,installing,repairing,replacing,maintaining natural riparian habitat in the vicinity of the Springbrook Creek buffer including the removal of existing invasive plants and installation of endemic species according to the approved project plans and monitoring 1. Grantee shall, at its own cost and expense, maintain, replant, alter, replace, and shall do all things necessary to keep said project mitigation conforming to the project plan. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Agreement Areas for the purpose of maintaining,repairing,altering, replacing or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Agreement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Agreement Areas. 3. Grantee shall provide reasonable notice to Grantor prior to entering the Agreement Areas or performing work thereon. Grantee agrees to keep the Agreement Areas free of liens or encumbrances arising out of any of the work performed on the Agreement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 4. Grantor shall retain the right to use the surface area within the Agreement Area provided that in the event any portion of the project property is used for any other purpose, Grantor shall notify Grantee of such alternate use and provide an alternative mitigation site in the vicinity for relocation of the mitigation project. Any such relocation shall be at the sole cost and expense of Grantee. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This agreement shall become effective upon execution by the Grantor from date hereof,and shall continue through the completion of project construction plus the requisite five-year monitoring period and shall expire upon the earlier of the end of the monitoring period or December 31,2008. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of 2001. Approved and Accepted By: Grantor(s): City of Renton Grantee(s): State of Washington Mayor City Clerk STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that on the day of , 2000 JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said City. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: Page 2 EXHIBIT "A" MITIGATION SITE LEGAL DESCRIPTION That portion of the following parcel,BEGINNING at the True Point of Beginning of said parcel; Thence southeasterly along a curve with radius of 9.15 feet the center of which bears S 00°55'30" W, a distance of 12.67 feet; Thence S 11'34'46"E,a distance of 311.39 feet; Thence N 78°25'14"E, a distance of 10 feet,to the Point of Beginning; Thence S 11'34'46"E,a distance of 350 feet; Thence N 78°25'14"E, a distance of 29 feet; Thence N 11'34'46"W,a distance of 350 feet; Thence S 78°25'14"W, a distance of 29 feet,more or less,to the Point of Beginning. PARCEL: 242304-9098 That portion of the North Half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: BEGINNING at the North Quarter corner of said Section 24, thence S 00°55'30" W, along the north-south centerline of said Section 24, a distance of 159.12 feet, to a point on the southerly line of a tract of land recorded under King County Recording Number 7301180480; Thence S 89°04'30"E,along said southerly line a distance of 439 feet; Thence S 00°55'30" W, a distance of 300 feet to a point on the northerly margin of a parcel owned by METRO and the True Point of Beginning; Thence along said north margin N 89°04'30"W,a distance of 238.60 feet; Thence N 73°04'46" W, a distance of 46.48 feet to a point of curvature the center of which bears N 16°55'12"E,with a radius of 431.53 feet; Thence northerly along said curve 425.13 feet to a point on the north line of the Burlington Northern Railroad property; Thence S 73°04'46" E, along said north line, a distance of 495.13 feet to a point of curvature the center of which bears S 16°55'14"W with radius of 500 feet; Thence southeasterly along said curve 536.69 feet; Thence continuing along the easterly line of said Burlington Northern Railroad property S 11'34'46"E , a distance of 1351.65 feet to the southerly line of the former Burlington Northern Railroad right of way; Thence S 77°25'43"W,along said southerly line,a distance of 118.05 feet; Thence N 18°39'08"W,a distance of 100.57 feet; Thence N 77°25'43"E,a distance of 20.43 feet; Thence N 12°48'36"W,a distance of 64.02 feet; Thence N 11'34'46"W,a distance of 29.75 feet; Thence S 78°25'14"W,a distance of 30.73 feet; Thence N 18°39'08" W, a distance of 318.94 feet to a point on the westerly line of said Burlington Northern Railroad property; Thence N 11'34'46"W,a distance of 783.48 feet; Thence S 78'25'14"W,a distance of 10 feet; Thence N 11'34'46" W, a distance of 311.39 feet to a point of curvature the center of which bears S 78°25'14"W with a radius of 9.15 feet; Thence northwesterly along said curve a distance of 12.67 feet to the True Point of Beginning; LESS that portion, if any, in the plat of Washington Technical Center as recorded in Volume 122, pages 98-102,records of King County,Washington. Page 3 To 23No R4E . W . M . SPRINCBROOK CREEK • f i f CATCH BASIN r -2 m 80 m EXISTING TRAIL -- / W'—'--S - - _ - i ' `�_�'--"�+-�x _...icy y:..< Qj / i Y� METRO SEWAGE TREATMENT PLANT ' ACCESS TO EXISTING TRAIL FROM METRO SEWAGE TREATMENT Q PLANT BRIDGE ti 1 Ol Q - 0) c .7 Q F"O" STATE FED.AID PROJ.NO. ■0. DESIGNED BY D.PETERS 10 WASH SR 405 PP4 ENTERED BY K.McLEAN Adlkk, Washington State SR 167 I/C MODIFICATION CHECKED BY J.WRIGHT JOB""` " Department of Transportation S.[(T PROJ. ENGR. J.JOHNSON 50 iiEGIONAL ADM. J.OKAMOTO co.Tn.cT .o. OF GATE DATE REVISION BY SITE PLAN 170 5.1E Ts Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING between THE CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SRI--405/SR-167 interchange. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for State Route (SD Interstate (I)-_405 southbound collector distributor traffic merging with traffic from State Route (SR)-_167. The project will construct a flyover structure from the existing southbound 1-405 off-ramp to the southbound SR--167 on-ramp and will modify the existing southbound SRI- 405-to- northbound SR_167 ramp. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS)has authority to ensure recovery of Puget Sound ESU chinook salmon. Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 m (-1500 ft) to the Panther Creek wetland, the P-9 drainage channel, and to Springbrook Creek. Approximately 280 m2 (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries 11: I)I V ISION.S\UTI LITIE.S\DOCS\2001\2001-323.doc Memorandum of Understanding Impact Mitigation Page 2 Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore a partnership in riparian mitigation efforts within the Springbrook Creek basin. Rent, is euffefldy planning toimpy-evethe Sp gb ek Cry_ ide as an additienal paf4nen Spr-ingbr-eek Creelc is lesated-east of SR ,6-:7 ,,.,a s ush of Renton. The eity is planning ,.h-Anne'! nneddifie ti-A- s within *ho ro p-,h cup�-a� R-W 16'4 .,.,a -S#eet- The proposed mitigation site is located on City of Renton property along the west side of Springbrook Creek, next to the King County Metro Treatment Plant, north of Grady Way and west of Oaksdale Ave. ($see attached map). A temporary Construction Easement to be granted by Renton is included in Exhibit A. III. CRITERIA AND PROCEDURES Renton and WSDOT hereby mutually agree to engage in a partnership to provide enhancement and restoration of approximately 770m2 (8288 ft ) -740�� (18000 of Springbrook Creek riparian habitat as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The plant installation for restoration will be completed no later than 2003. The plant establishment period for the project will extend for 3 years up to 2005, or as otherwise required by NMFS or other agency permit conditions. 1. WSDOT is responsible for the maintenance, monitoring, and plant establishffiefit. success of the mitigation project thfetigh the plant establishment periodas required by all local, state and federal permit. Renton will not be held accountable for ensuring the success of the WSDOT mitigation project. 2. The Cit�-Renton will be responsible to immediately inform WSDOT in writing of any land use changes at the site, that adversely impact the riparian planting or riparian function at the site. 3. The proposal cannot interfere with Renton's current use of the site, which consist of a trail and the channel that was constructed for flood control and habitat benefits. This includes Renton's ability to maintain the trail or the channel, if needed in the future. If in the future the WSDOT Mitigation interferes with Renton's current use of the site or ability to maintain said trail and flood control facilities, Renton may terminate this agreement and require WSDOT to remove the mitigation project from Renton's property. Memorandum of Understanding Impact Mitigation Page 3 This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation Sur-fee Water Utilities Diyisien Signed: Craig Stone Dated Signed: Jesse Tanner, Mayor Dated South King County Area Administrator Memorandum of Understanding Impact Mitigation Page 4 Mitigation Site pin ta 24 Project Site 0- 46 Ow d t nt Southoe M, J L 10 M2 121130 61 25 71.e l 1 ' .1 7: i Tukwila I + -A M lyll!Y, �DTopaQ &c4pvrj*&@19Q9NL YarwmjL)LME6*396 S—Dam:USGS TQ ft Scab:1:AOW Deaa 110 Dan-:WG%l Figure 11. Springbrook Creek riparian zone mitigation. Memorandum of Understanding Impact Mitigation Page S K F.: • r lip 8! t 0' 100M 0' 100yd Figure 22. Proposed mitigation site along west side of Springbrook Creek next to the King County Metro Treatment Plant located north of Grady Way. The specific location will be determined by WSDOT Landscape Services. 2CX� l— 323 Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING 12 L between THE CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SR 405/167 interchange. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for State Route (SR) 405 southbound collector distributor traffic merging with traffic from SR 167. The project will construct a flyover structure from the existing southbound I-405 off-ramp to the southbound SR 167 on-ramp and will modify the existing southbound SR 405-to-northbound SR 167 ramp. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS) has authority to ensure recovery of Puget Sound ESU chinook salmon. Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 in (-1500 ft) to the Panther Creek wetland, the P-9 drainage channel, and to Springbrook Creek. Approximately 280 in (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries Memorandum of Understanding Impact Mitigation Page 2 Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore a partnership in riparian mitigation efforts within the Springbrook Creek basin. Renton is currently planning to improve the Springbrook Creek riparian corridor in a joint effort with King County and the Army Corps of Engineers, and will accept WSDOT as an additional partner. Green-Duwamish Ecosystem Restoration Study Springbrook Creek is located east of SR 167 and south of Renton. The city is planning channel modifications within the reach between SW 34`h and SW 40`h Street, and between SW 16" and SW 23rd Street. The proposed mitigation site is located on City of Renton property along west side of Springbrook Creek, next to the King County Metro Treatment Plant, north of Grady Way and west of Oaksdale Ave. (See attached map). III. CRITERIA AND PROCEDURES Renton and WSDOT hereby mutually agree to engage in a partnership to provide enhancement and restoration of approximately 740m (8000 ft2) of Springbrook Creek riparian habitat as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The plant installation for restoration will be completed no later than 2003. The plant establishment period for the project will extend for 3 years up to 2005. 1. WSDOT is responsible for the maintenance, and plant establishment success of the mitigation project through the plant establishment period. 2. The City will be responsible to immediately inform WSDOT in writing of any land use changes at the site, that adversely impact the riparian planting or riparian function at the site. This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation Surface Water Utilities Division Signed: Craig Stone Signed: Gregg Zimmerman South King County Area Administrator Memorandum of Understanding Impact Mitigation Page 3 `38 40 1, �' i i,1s�• /i`f.. "�� ` hr.'. •n-e:.,.. Y'r- s' ' - 'P l`'o/ 'F —� � ';mot l -,��.`2:d?r.'�, !!- ...—'��•-r�:�.-.-;I�"�-'~.-.y:\�i. .':�-,.. ." X y'+:: �� .y Y �h �Foclbnd Mitigation Site mpin i • III ki !' ti i is 1 j 1 6 T_ I' ffnt Ifs v a Project Site 46 ., ` �•\ _ i Southcentor F y • n, � ! ,is 25 = 3© x t .•■ _ ` j Tukwila ; 1 - ,�� r J t I '�� o'�' • *I '�l� Imo' .� �� .... ;�+� (.� r � I 1 tip` � �� �`lj•• 7 w ! - i 1 �iilLa + ir�— T — 1,—/ ► 09 uteri' C 1 L.Z EI , D TapeQ h CeppVd 0 W99 Del==Yr'umd%ME 040% Sw—Daffi:USGS 742 8 Stale:1:AM Dell:110 Datum:WGSN Figure 1. Springbrook Creek riparian zone mitigation. Memorandum of Understanding Impact Mitigation Page 4 " ,.• ;� Doll{PIS i VII@dl li�iWl4f�Ii�r� -� ' n w x . o' loom o' 'looyd Figure 2. Proposed mitigation site along west side of Springbrook Creek next to the King County Metro Treatment Plant located north of Grady Way. The specific location will be determined by WSDOT Landscape Services. To 23No R4E . W . M . 900 599 4 — 4 L 4 a c l t 1 — 3 + y,/sir soo 169 — 0 E - a Z ` E U ` 515 CD J �•' METRO o U ~� 405 — x TREATMENT a 'Eq L PLANT-19 - " 67 .�.. 7 ,.. • . 5 � \t ID CD STREAM BUFFER PLANTING AREA b ISM 2M 3M SCALE IN FEET — VICINITY MAP - - o wp( GRp� 405 0 o — — N — SR 405 — ,n — — — o — — NOTE: ACCESS AT OAKDALE AND GRADY WAY TO BE + COORDINATED WITH THE CITY OF RENTON. ALTERNATE ACCESS CAN BE ARRANGED NEAR o ENTRANCE TO METRO SEWAGE TREATMENT PLANT: CONSTRUCTION EASEMENT COORDINATE BOLLARD REMOVAL WITH CITY OF RENTON. LOCATION PEGI0" STAT FED.AID PROJ.NO. DESIGNED BY O.PE7ERS 10 WASH _ SR 405 I ENTERED BY K.McLEAN Washington State SR 167 I/C MODIFICATION CHECKED BY J.WRIGHT x8"�" PROJ. ENGR. J.JOHNSON 99A059 �� Department of Transportation S"EE1 47 REGIONAL ADM. J.OKAMOTO CONTRACT *0- OF DATE [)ATE REVISION BY VICINITY MAP 170 S"EE1S F2 13 T23N ME E 1/2 7 \, Al E j t.Ge - ' 16,IB s 16L •7 O,r P 4zD 2•J zo/ •t akQsdalp � \ 20.62.0 20L _ J tO.Lt•] ' - 3 —_, � zost•z \ 20.c2-11 3 41 20.62-2 U� 0.02.10 - ��•'� PO,G2-9 I 20,H3-1 QLj ld ! 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I —__ 20 L6- t c6-L 4920 CA 7 20I6-21 \ 20.L6-1 0L6 2S� E 21.16•J 0 0I6.2 '•�'a.� j e a' -8 20 L6-IJ `ti �---- 1� �1 eore'tf r� tar,6.9 (zo.c6 14 / \1 \I -- ,' ~` - _ l n-e SW 19th z. rf 70 11 ------------ ---� - J O / tLEB-zz )i6 tl.C7.11 II.C7- -� me a-21 1 / J I-_— _ • _B%20 tyu 40 5 P F-W 00� f A� il.ts-e f I r II o 21. -- C 9.1 0 II2 25 T23N ME E 1/2 Qo0 4QO UTILITIES DIVISION ---- Penton City I.imitn 114600 G 2 � UTII.ITII; + R + P/D/PW TEMINICAL SERVICE'S Contoar Intel 0 S oe U tantcr•s — o� 12/03/99 Datslmi NAVD 19" Meter,, 24 T23N R4E E 1/2 �nT,� 0 2 Z 5�l Ur 4 /. fl�lZl�ri Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING between THE CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SR 405/167 interchange. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for State Route (SR) 405 southbound collector distributor traffic merging with traffic from SR 167. The project will construct a flyover structure from the existing southbound I-405 off-ramp to the southbound SR 167 on-ramp and will modify the existing southbound SR 405-to-northbound SR 167 ramp. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for Puget Sound Evolutionarily Significant Unit Chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS) has authority to ensure recovery of Puget Sound ESU chinook salmon. Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 in (-1500 ft) to the Panther Creek wetland, the P-9 drainage channel, and to Springbrook Creek. Approximately 280 m2 (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries Memorandum of Understanding Impact Mitigation Page 2 Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore a partnership in riparian mitigation efforts within the Springbrook Creek basin. The proposed mitigation site is located on City of Renton property along west side of Springbrook Creek, next to the King County Metro Treatment Plant, north of Grady Way and west of Oaksdale Ave. (See attached map). III. CRITERIA AND PROCEDURES Renton and WSDOT hereby mutually agree to engage in a partnership to provide enhancement and restoration of approximately —of Springbrook Creek riparian habitat as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The plant installation for restoration will be completed no later than 2003. The plant establishment period for the project will extend for 3 years up to 2005. 1. WSDOT is responsible for the maintenance, and -- - success of the mitigation project 2. The City will be responsible to immediately inform WSDOT in writing of any land use changes at the site, that adversely impact the riparian planting or riparian function at the site. }lam atus This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation Memorandum of Understanding Impact Mitigation Page 3 Signed: Craig Stone Signed: -- ------ South King County Area Administrator Memorandum of Understanding Impact Mitigation Page 4 i. l `•1 Nuck ii P _ to �c cs� i Siff � ` "� '. Y Y,�. � 8f� ` \ . � (i ..��..��...�`� �� !� � ■� •J�* I`. '1. 41� �•' ��� '.,�t "^V�'�m f L � - - •'`• I . r"5�• YN,, fi '-F Iit��,.• A�,� "; k� y� �- �; A � I� '1 ',I + :�. S 24 beia* ■■ �� ° ■ Ell 46 L '',� \% / Southt:enter pia — r to •�II x i (; P I! as t ...r•29 Y: I' �� r �' 5 _ 30 1r 2 Tukwila + + 1�t ( _ 11 l�: Jim] IWr Ell ME j w �� :9 xilUa! t 79, 6 a VIM* D 7apaQuada Caplright L�149.4 Del.srmr YarnnWh hiE UM1�6 SconceData USGS 742 ft Scale:1:2.5,060 Dell:130 Wt­WGSM Figure_-. Springbrook Creek riparian zone mitigation. Memorandum of Understanding Impact Mitigation Page 5 , f i • • a 3 y s d M 0' 'loom 0' 100yd Figure —. Proposed mitigation site along west side of Springbrook Creek next to the King County Metro Treatment Plant located north of Grady Way. The specific location will be determined by WSDOT Landscape Services. From: Ronald Straka To: Davis, Gary Date: 3/22/01 4:02PM Subject: Re: Date As staff we are ok with the letter and do not have a problem with you sending it to NMFS provided that the comments listed below are addressed as necessary. The proposal was reviewed by our Department Administrator (Gregg Zimmerman) and he agreed with the approach and the need to get the project (Flyover Ramp) constructed. The following are our comments on the proposed letter to NMFS: 1. In the Springbrook Riparian Zone Rehabilitation Section you can the sentance that reads " The proposal is looked upon favorably by the City -Planning Department, . . . " to read "The proposal is looked upon favorably by the City Planning/Building/Public Works Department, . . . " 2. A second figure should be added that shows more precisely the location of the proposed mitigation project. The current figure is a good vicinity map, but the general area agreed upon to date in along west side of Springbrook Creek next to the King County Metro Treatment Plant located north of Grady Way. aJ� 3. The proposal cannot interfere with our current use of the site, which consist of a trail and the channel that was constructed for flood control and habitat benefits. This includes our ability to maintain the trail or the channel, if needed in the future. 4. The proposal needs to be as clear as possible that WSDOT will be responsible for the maintenance, monitoring and sucess of the mitigation project. The City will not be held responsible for ensuring the success of the WSDOT mitigation project. 5. The City will only be responsible for notifying WSDOT of any land use changes to the site, not adjacent properties. We may need to have land use changes defined. I am assuming this does not include our maintenance or minor improvements to our existing uses of the site (trail, flood control/habitat improvements) . If it does, we need to talk. I seriously doubt that we would ever look at building a structure on the site, our own regulations along with state and federal regulations would prevent that from happening. Some of these item may be better addressed in our MOU for the project, but I want to get them on the table so that you can decide where to address them. Ronald J. Straka, P.E. City of Renton Surface Water Utility Engineering Supervisor 1055 S. Grady Way - 5th Floor Renton WA 98055 Phone: 425-430-7248 Fax: 425-430-7241 rstraka@ci.renton.wa.us >>> "Davis, Gary" <davisg@WSDOT.WA.GOV> 03/21/01 03:30PM >>> Ron: I have attached the riparian planting proposal that has been negotiated with NMFS. Please provide any comments that the City may have regarding this proposal. I appreciate the City of Renton's interest in partnering with WSDOT to enhance riparian functions as pertains to the recovery of the listed species Chinook salmon. This agreement will facilitate the VF Washington State Memorandum AO Department of Transportation I May 23, 2001 TO: Allen Quynn City of Renton PECEI Surface Water Utility Division 1 MAY 2 3 2001 CITY OF RENTON FROM: J. Johnson/Manny Quinteiro UTILITY SYSTEMS MS 143 SUBJECT: M. O. U. Comments Attached please find copies of the M.O.U. between the City of Renton and WSDOT mitigation site along Springbrook Creek for your review and comment. The final document will be submitted to the City of Renton for approval. If you have any question or need additional information, please call Manny Quinteiro at (206) 440 4578. JJ:mq Attachment: Memorandum of Understanding 4 pages. cc: project files. DOT Form 700-008 EF Revised 5/99 Memorandum of Understanding Impact Mitigation MEMORANDUM OF UNDERSTANDING between THE CITY OF RENTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SHORELINE, WASHINGTON Impact Mitigation I. INTRODUCTION The purpose of this memorandum is to develop an understanding between the City of Renton (Renton) and the Washington State Department of Transportation (WSDOT) concerning the mitigation of impacts to the riparian zone of Rolling Hills Creek in the vicinity of the SR 405/167 interchange. II. GOAL AND DEFINITIONS The goal of this memorandum is to assure the in-basin mitigation of vegetation removal from the Rolling Hills Creek riparian zone. WSDOT proposes to improve safety features and reduce traffic congestion for State Route (SR) 405 southbound collector distributor traffic merging with traffic from SR 167. The project will construct a flyover structure from the existing southbound I-405 off-ramp to the southbound SR 167 on-ramp and will modify the existing southbound SR 405-to-northbound SR 167 ramp. The proposed flyover structure will eliminate riparian habitat surrounding Rolling Hills Creek, which is Critical Habitat for _Puget Sound Evolutionarily Significant Unit Chinook salmon (Oncorhynchus tshawytscha), a species listed as Threatened under the Endangered Species Act. The National Marine Fisheries Service (NMFS) has authority to ensure recovery of Puget Sound ESU chinook salmon. Rolling Hills Creek enters the flyover project site from the east and passes under the interchange through a 1.2 in (48 in) concrete culvert approximately 460 in (-1500 ft) to the Panther Creek wetland, the P-9 drainage channel, and to Springbrook Creek. Approximately 280 in (3000 ft2) of riparian vegetation will be eliminated to accommo- date the flyover ramp. Following on-site discussions with the National Marine Fisheries Memorandum of Understanding Impact Mitigation Page 2 Service, it is agreed that there is insufficient area to accommodate mitigative riparian planting for Rolling Hills Creek in the project vicinity or anywhere in the WSDOT right of way downgradient to Springbrook Creek. Accordingly, WSDOT opened discussions with Renton to explore a partnership in riparian mitigation efforts within the Springbrook Creek basin. arming to i ' g roo Fee riparian corridor in a joint effort wi ounty and4he Arm Cy o ps o nglneers, an wi accept T a itional partner. mis cosys em es ora ion u y g channel-med sate s wit Jhe re h��'vee�S�W 34�'and S reel; and tc ct�_ SW 1 6" and SsU1 72rd �+« The proposed mitigation site is located on City of Renton property along west side of Springbrook Creek, next to the King County Metro Treatment Plant, north of Grady Way and west of Oaksdale Ave. (See attached map). III. CRITERIA AND PROCEDURES Renton and WSDOT hereby mutually agree to eyge in a partnership to provide enhancement and restoration of approximately-7 6 ( %0-fl) of Springbrook Creek riparian habitat as mitigation for the impacts to Rolling Hills Creek by the proposed SR 405/167 interchange flyover structure. The plant installation for restoration will be completed no later than 2003. The plant establishment period for the project will extend for 3 years up to 2005. "Gnibv,Al 1. WSDOT is responsible for � b man en � ,"and �rrn is• success of the 3 q,.i: mitigation project - ;� c,�yy wr�� »ot he h'V d cc0o Afwy`C f"y- ,-, 4 rrr-9 4-�L 5Ktcrf3 dF th< w9436T �y 4f1' oj 2. The City will be responsible to immediately inform WSDOT in writing of any land use changes at the site, that adversely impact the riparian planting or riparian function at the site. This Memorandum of Understanding is subject to revision upon agreement of the following agencies: Washington State City of Renton Department of Transportation urface Signed: Craig Stone u ate Signed: D afe. South King County 3rsge Tr-n neri r^A h Area Administrator Memorandum of Understanding Impact Mitigation Page 3 Mitigation Site .`.x ,• .,�. Pum n 4 �, I, • 0 . _ ■■ tt �- Project Site 46 SOUthc entCY — �f r• ..�' i ..yt .•j _.� — lP If Yd. J Mail . 70 30 �. . �• 25 ;. _ lb I t ;fit ti. Tukwila + + !� E 111priju ID T p.Qu.&G^ ,s P"Drlm Ymmwah M!G," S,—,Data:USCS 7,Q ft gat:1:25IM Deter-13-0 Dat—WGAI Figure 1. Springbrook Creek riparian zone mitigation. Memorandum of Understanding Impact Mitigation Page 4 Y, �z t •.4! =fix 9 t , • Y * a a +gip ;�� � • It o' 'loom o' 'looyd Figure 2. Proposed mitigation site along west side of Springbrook Creek next to the King County Metro Treatment Plant located north of Grady Way. The specific location will be determined by WSDOT Landscape Services. ,411en uynh - SDO7`Flyover Mitigation Landscape From: Allen Quynn To: Peters, Debbie Date: 4/12/01 3:51 PM Subject: WSDOT Flyover Mitigation Landscape Plan Per our phone conversation this afternoon, the following comments from the City Parks Department Director, Leslie Betlach address the planting plan for the mitigation site: 1. Replace the Low Oregon Grape with another species that doesn't have thorny leaves. The thorns have the tendency to capture garbage. 2. If possible, replace the Black Cottonwood with another deciduous variety. 3. Use larger trees (5'-6'). The smaller trees are easier to steal. 4. Relocate the Cedar tree (2rd one from the left) further up the slope to get it away from the trail. Similar to the other cedar trees. As we discussed, please call Leslie directly about these comments. Her phone number is 425-430-6619. If you have any question don't hesitate to call me. Thanks. Allen Quynn Surface Water Utility - aor the St. its KS ��`t, )m ht�t n. SR40SA167 UC �tw Mtn a�vt�� yc, oo^ a�bL eta ' "DI • Mitigation site for Tree Removal from Construction of Interchange r,r�• V y ,l�y�r� s� Plant List Kind and Variety %.by %Pare Min% Function Common Name of Seed in Mix Wei_aht Seed ermination Special Seed Mix: Erosion Control(short tent) California Poppy' l=schschotzia cahlbmica 20 19 E%(min) 60% 8io-fiPbationlwaterquality P�;� Lupine Y ' "'` Lupinuspolyphyilus 30 29.4°A(min) 00% Weed control fir,✓ rimson Clover 7rifolium incamatum 20 19.6%(min) 85% Soil improvement ite Clover Tf fotium repans 30 29.4%(min) 85% t, Weed Seed 0.5%(max) o N l� �t y 1.5%Cm ax) C(D -54", dr: C9 Root 0 N Low Shrub Mix: Erosion control(long term) 5�j y f`, ., Plant Name Number Size Condition Spacing Comments Weed oontrol Low Oregon Grape Mahonia nervosa 150 .15m 1 gal .5 m.o.c. vretl rooted,clustered in groups of 3-7 Q Habitat enhancement Salal Gaulfheda shallon` 300 .15m 4" .5 m.o.c. yell rooted { Medium Shrub Mix: Screen neighboring facility Tall Oregon Grape Mahoaia aquifolrum 67 25m 1 gal 1 m.o.c. 3 stems min.,in clusters of 3-7 r Streamineighboring area continuity Red Flowering Current Ribes sanguineum 67 25m 1 gal 1 m.o.c. 3 stems min.,in dusters of 3-7 Aestheticstcommunity enhancement SnovAterry Symphoncarpos afbus" 134 .25m 1 gal .5 m.o.c. 3 stems min. Tag Shrub Mix. Screen neighboring facility Red-twig Dogwood Comus stdonifem 60 .75m bare root 1.5 m.o.c. 3 stems min-,clustered in groups of 3-7 Stream(neighboring area continuity Oregon Wax Myrtle Mynca cakfomica 3 75m 2 gal 3 m.o.c, well rooted and branched,planted ind clualty s r t Aesthetics/communily enhancement Cagomia Hazel Corylus oomula var."rfomca 3 .75m 2 gal 3 m.o.c. well rooted and branched,planted individually c� Black Twinberry Lonicara invofucrata 5 .75m 1 gal 3 m.o.c. well rooted and branched,planted individually x Trees: L_-Streamtneighborinig area continuity —Black Cettornvood- Populus bkhocarpa 3 1 m live stake as placed fresh stakes E-• Habitat enhancement Douglas Fir Psaudotsuga manziesri 6 -75m bare root as placed evenly branched Sri Stream improvement(shading) Western Redcedar 7hufa plicate 4 .75m bare root as placed evenly branched 802 H c mulch 1 m dia.Around 727 plants,7.5 am depth 006 47 C.M. soil amendment total area 5cm depth 39 C.M. F= 0 [ iJGke roe!- VS �"!'e174,,,- oS srv,t 7 Shrkh5 r�lf�F„.c r.>^fz,� �i�iss wrii 5 p M - - t m j Post-it'Fax Note 7671 Date pages w I ;�,gypF To . ) r From `✓Y�JL/y i✓i r CO ✓iv o Go.lDept, l m i Phone 0 Phone ` t i 0_t{S0.7 r Fax N F w i �C I 5r a _.. 1 SPRI NGBROOK CREEK ! �•� _, --1- - -- n.� — •'l- .r y' i' .S I 20 - / BO m 241 1� ✓' �� t' t < �ry TRAIL 1,.••.. --f,..'�•f•^./`l' Yam}' �._r�./' % �1.-`. _ _ �•.•ram�\ .,_J __.f._—.;�•�', i /„� _ S2 LEGEND S 1 EXISTING FEATURES TREES AND SHRUBS OUANTI TY TAB - THIS SHEET ONLY OUAN/I TY w ,sX'` —`L ,f i SYtABDI ITEM SI 52 . S3 ti �� \•�� LOW OREGON GRAPE FENCE METRO SEWAGE TREATMENT PLANT SALAL - - T- DRAINAGE SWALE ACCESS TRAIL FROM TALI OREGON GRAPE c� METRO SEWAGE TREATMENT RED FLOWERING CURRANT PROPOSED FEATURE PLANT BRIDGE S1(OWBERRY _ _______ LIMIT OF WORK AND LIMIT RED-IWIG DOGWOOD �, OF WEED CONTROL BLACK TWINBERRY 2 Y PACIFIC WAX MYRTLE q p. BEAKED HAZEL 1•S�!.pn ti E\-• ,� Q BLACK COTTONWOOD -34-HS"= /./>f o t WESTERN RED CEDAR S ODUGLAS FIR 1 WOOD CHIP MULCH (01 Y LL COMPOST (mi) 1 c c� o EROSION CONTROL SEEDING Im21 m a+ J m 0 110- 20 SCALE IN METERS Ray FEO.AIO PRSR 405 OESIGNED BY 0.PETERS SR 167 I/C MODIFICATION ExTERED BY K.McLEAN I � Washington SfTr CHECKED BY J.WRIGHT Department of TransportationPROJ. ENGR.6REGIONAL ADM.J.OKANOIO STREAM BUFFER ENHANCEMENT CONCEPTDATE GATE REVISION srrs Ulo 00 e LL° 0 p0 0 0 ° 0 0 p0 0 v / �IN Al 4 C 0 J VARIES VARIES VARIES I m 2 m a m SWALE m (00 NOT STREAM BUFFER TALL MIX MEDIUM MIX LOW NIX DISTURB) PATH (00 NOT DISTURB) STREAM E o NO WOODY t; VEGETATION r o PLANT WITH SPECIAL SEEDING, FERTILIZING AND MULCHING .G N C-1 � c3 E--� O r> � LL n c O m w J 2 [.i TAr FED.A10 PHOJ.NO. _ SR 405 OESICNEO BY ( 10 WASH SR 167 I/C MODIFICATION m ENTERED BY � Washington $}a}g CHECKED BY °6 I � A Department of Transportation � a *: PROJ. ENGR. REGIONAL ADM. - °°'^�"'°• I LUSTRATIVE HILLSIDE CRASS-SECTI Nil DATE DATE REVISION BY D.4.2--COVER MEASURES Table DA.0 provides just one recommended possibility for landscaping seed. TABLE DA.'C LANDSCAPING SEED MIX %Weight %Purity %Germination Perennial rye blend 70 98 90 Lolium perenne Chewings and red fescue blend 30 98 90 Festuca rubra var. commutata or Festuca rubra This turf seed mix in Table 13.4.13 is for dry situations where there is no need for much water. The advantage is that this mix requires very little maintenance. 1 TABLE D.4.D LOW-GROWING TURF SEED MIX %Weight %Purity %Germination Dwarf tall fescue (several varieties) 45 98 90 Festuca arundinacea var. Dwarf perennial rye (Barclay) 30 98 90 Lolium perenne var. barclay Red fescue 20 98 90 Festuca rubra Colonial bentgrass 5 98 90 Agrostis tenuis Table DA.E presents a mix recommended for bioswales and other intermittently wet areas. Sod shall generally not be used for bioswales because the seed mix is inappropriate for this application. Sod can be used for lining ditches to prevent erosion,but it will provide little water quality benefit during the wet season. TABLE D.4.E BIOSWALE SEED MIX* %Weight %Purity %Germination Tall or meadow fescue 75-80 98 90 Festuca arundinacea or Festuca elatior Seaside/Creeping bentgrass 10-15 92 85 Agrostis pa/ustris Redtop bentgrass 5-10 90 80 Agrostis alba or Agrostis gigantea Modified Briargreen, Inc. Hydroseeding Guide Wetlands Seed Mix Erosion and Sediment Control Standards 9/1/98 L D-15 SECTION DA ESC MEASURES tests to determine the exact type and quantity of fertilizer needed. This will prevent the over- application of fertilizer. Disturbed areas within 200 feet of water bodies and wetlands must use slow- release low-phosphorus fertilizer(typical proportions 3-1-2 N-P-K). 5. The following requirements apply to mulching: A. Mulch is always required for seeding slopes greater than 3H:1V (see Section D.4.2.1). B. If seeding during the wet season,mulch is required. C. The use of mulch may be required during the dry season at the County's discretion if grass growth is expected to be slow, the soils are highly erodible due to soil type or gradient,there is a water body close to the disturbed area, or significant precipitation(see Section D.5.2) is anticipated before the grass will provide effective cover. D. Mulch can be applied on top of the seed or simultaneously by hydroseeding. 6. Hydooseeding is allowed as long as tackifier is included. Hydroseeding with wood fiber mulch is adequate during the dry season. During the wet season,the application rate shall be doubled because the mulch and tackifier used in hydroseeding break down fairly rapidly. It may be necessary in some applications to include straw with the wood fiber,but this can be detrimental to germination. 7. Areas to be permanently landscaped shall use soil amendments. Good quality topsoil shall be tilled into the top six inches to reduce the need for fertilizer and improve the overall soil quality. Most native soils will require the addition of four inches of well-rotted compost to be tilled into the soil to provide a good quality topsoil. Compost used should meet Ecology publication 98-38 specifications for Grade A quality compost. 8. The seed mixes listed below include recommended mixes for both temporary and permanent seeding. These mixes,with the exception of the wetland mix,shall be applied at a rate of 120 pounds per acre. This rate can be reduced if soil amendments or slow-release fertilizers are used. Local suppliers should be consulted for their recommendations because the appropriate mix depends on a variety of factors,including exposure,soil type, slope, and expected foot traffic. Alternative seed mixes approved by the County may be used. Table 13.4.13 presents the standard mix for those areas where just a temporary vegetative cover is required. TABLE DAM TEMPORARY EROSION CONTROL.SEED MIX %Weight %Purity %Germination Chewings or red fescue 40 98 90 Festuca rubra var. commutata or Festuca rubra Annual or perennial rye 40 98 90 Lolium mu/tiflorum or Lolium perenne Redtop or colonial bentgrass 10 92 85 Agrostis alba or Agrostis tenuis White dutch clover 10 98 90 Trifolium repens 9/l/98 Erosion and Sediment Control Stand D-14 7 ...4404805 5 r'T 5 S DO T/D A YT O'N� I tLR • City Of Renton Water Utility Engineer 'N� P" ��0MRIP", .IJ V4, 7 To: Abdul Gafour Fax: 425 430 7241 From: WSDOT Manny Quinteiro Date: 10/11/2000 Re: SR 405 SR 167 Fire Hydrant Pages: 3 pages Relocation CC: [Click here and type name] 0 Urgent O For Review alease comment 0 please Reply 0 Please Recycle planning to realign the southbound ramp to SR 167.There is a fire hydrant on this ramp 10" A" K 1�� amp and the relocated. A new location was chosen that would provide access to the r !'L. '2v( 1!r_t a��t1'v) I7�( �`1fr{j t '' a t "#rfu+ r distributor.We would like you to review this plan and make comments or recommendations as ..We are interested in reaching concurrency and move forward with this project Attached is a Utility Plan sheet showing new location of fire hydrant,please note that there are two retaining waits part of the bridge approach ramp that must be traversed. We attached a drainage sheet for Information only shoving the rest of the Interchange. If you have any questions or concem please call me at(206)440 45 70 or fax(206)440 4805 if you prefer email me atquirte �t�W30v- Thankyou. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -plt. r w 2.574.237 P.T. � Q D - = v AL2 2.525.275 P-C. _ _ i -- 0 w T. o AL2 24475.224 P �..��//'�/ ��i{f �(�' •�rB SS2 F)fi RTi NEW HYDRANT a �i/ •j/?% :: I LOCATION ^ D x � +373.892 P.C. (P.O.T•'- AL2 2 G /�'/• b�� �; •\\ c¢ L'S+395.321 L 0012 +347.b91 (2b•OSotT �1 /. oi i • /P\,.�i; sst z•sos.lsz P pJ '✓I I I I /' •i/:/' MILL IA m I _ '' ,l/�•' SS2 2•531.660 1 --------------- -___--_— — - - - ._._.___ _-_ --- - _------- -- - - _4zz-__ _==_- :�- -- -- --- --- -- -_- L-�_a- .._ — -- _— ---- _-•-----_-__-_- - - .. _•__•Y•OI• P—� ----- ---- --- -- ___----- —J� - — - 1 ------- _ _ - t�o�-- n u�a TpT FE0.4i0 PROJ.NO, EWRD#4dktlEM ENT caNewltG IR SR 405 OESIW+CO 9r 10 WASH T�// V7ashington 51ate SR 167 !/C M041FICAiION / CNTEREO 6YMi 1 ,,m.roa �I/ Department of Trampoftotion Y Pao . ENca. ,a,.,,,.o UTILITY RELOCATION t59 NfG1ONAt, wln ��t� • OATE NEVISICN OY �1 7-56?.03 P if I 1 ;� ; 1 T.23N. R.SE W.M. LEGEND ,wi U ill I o2j \�\ all LSQU 0H C -i c 1! P •1 1ll II I' o-� \a.— ABANOON P!PC ExSi. CO OR CONC. R+LE o �/ i! 1 ' ! \ \\� 4�+ —ate �Q, - - �— EKST, 01TCRE5 GRATE INLET v :/ �/} I 1 t \\ �`�• \�'� �w =""==' SEXST E1fER CULVERT\STORM CB❑ PROPOSED C8 1 \ z +°'- -o— —o- EXST. DRAINAGE CID PROPOSiO CONC. INLE o ,• / �/ ! 1 1 : `.\ \a•.;'. � •�——a• BURIED GAS LINE O PROPGSfO CULVERT BURIED POWER PROPOSED DRAINAGE .n / %/• I I_t� , : -��� -------- BURIED TELEPHONE O PROPOSED MANHOLE _` OPTIC F18ER CABLE 0 WALL —O UNDERORAIN OVERHEAD POWER 00 0 u_nw_j_--_19 u_y.�.i�• 'iS�=� --�S �� �.. —pir— CUT LAIC 00` -cot— —ar• —n«— FILL LINE OVERHEAD ILLEPHO14C 'y /� /� �\ •�`\ •.� -S--3- SANITARY SEWER - _ a % F I I CP\OUIT O '�O i 1 } ' i •%`//f\.✓ice �\ • • \\ •--•- WATER LINE p-_ � LUW(NA1RE off I$j , ( n / fS/// . \\ \\`. \\ ......_.. WETLAND �xy J. box Vk x 1 v, lot 3 �\ Si`_. -------- ----- ( . - --------------- 1: ?r — /t� AA z } d I 1 ` 3 CD - X ''h - [� " : 1 tL�; I —"'.� d _�i�--------- — ---------- nil - -- -- -- - ------ _ _ 0 1 I o-•- - �- - - - _ _~ ---------------_- - -- r- "' - --- -- - - --- ------- - - --- - - -- -- --- ,4 } -- --- --- - ----------- ------ ---al:-- - --- - ---- - - - a. 0 0 20 40 fx SCALE IN METERS 0 - o I .`.,r TAT FED.A(O PROJ.NO. BNVRONNENTAI AND INCD+ESAViG SER"Oe CF MR SR 405 DR2 V'/oshin on SR 167 I/C MODIFICATION I E—+ DESIGNED BY Tt.OfI INT(IR I 10 'WASH .� v ENTERED by L.PATTERSO � gt Slaie CD CRICKED of R. NEVILLA 'p"" �I/ Deparlmenl of Tronsportoiion PROd. (NCR. J. JDNNyJ+ 99AO59 26 RECSONAL ADM.J. DCAWOIO ""`�"'' _ DAYf 'DATE R,_V:SIOH sr OP.A I WAGE PLANS 159 r r Short Plat (SHPL# ) REQUEST FOR PROJECT# Prelim.Plat (PP# ) CAG# ) • To: Technical Services Date IG' 17 W WO# (0 70 3 f Green# From: Plan Review/Project Manager n e e— 6?kt k v l Project Name �U,-t4 L4 N d f4 wp f o S i r�6 I i-Z o l, c,v�mcnt Pro (70 characters max) Description of Project: I)S i)p k 45,j//,)-d4 Cr tl� Svk l'e k,"Y Circle Size of Waterline: 8" 10" 12" Circle One: New or Extension Circle Size of Sewerline: 8" 10" 12" Circle One: New or Extension Circle Size of Stormline: 12" 15" 18" 24" Circle One: New or Extension Address or Street Name(s) \ Dvlpr/Contractor/Owner/Cnslt:: (,J6 Sl7 �,,� S f�t�c OF- (70 characters max) Check each discipline involved in Project Ltr Drwg #of sheets per discipline ✓ ✓ Trans-Storm ❑ ❑ (Roadway/Drainage) (Off site improvements)(include basin name) (include TESC sheets) ❑ Transportation (Signalization,Channelization,Lighting) ❑ ❑ ❑ Wastewater ❑ ❑ Sanitary Sewer Main(include basin name) 1 Water (Mains,Valves,Hydrants) ❑ ❑ (Include composite&Horizontal Ctrl Sheets) ❑ Suface Water Cl ❑ Improvements (CIP ONLY)(include basin name) TS Use Only Approved by TSM Date: H:forms/utility/92-090.DOC/CD/bh CIP FILE OUTLINE 1000 CQRRESPONDENCE • 1001 General Correspondence Consultant Correspondence 1003 City Correspondence 1004 Other Agencies Correspondence 1005 Contractor Correspondence 1006 Grants/Loans -Correspondence 1100 D N/PLANNING 10p Design l �( 1102 Consultant Selection 1103 Contracts 1104 Reports/Studies/Calculations 1105 Consultant Payments 1200 AGREEMENTS 1300 SEPA 1400 PERMITS/PLAN REVIEW 1500 EASEMENTS/DEEDS 1600 CONSTRUCTION 1601 Construction Bid Information 1602 Construction Contract Insurance & Legal Review 1603 Construction Contract Document 1604 Construction Submittals Materials Shop Drawings Schedules Traffic Control Plan • 1605 Construction Pay Estimates Prevailing Wages 1606 Construction Change Orders 1607 Construction Inspection/Progress Reports Photos, Site Condition Reports 1609 Construction Management Services (Consultant) Contract Invoices 1610 Operations & Maintenance General Information Manual As-Built/Survey Notes 1700 LITIGATION 1800 LID 1801 LID Public Notification 1802 LID Public Meetings 1803 LID Final Assessment Roll 1804 LID Miscellaneous 1900 SAD 1901 SAD Public Notification 1902 SAD Public Meetings 1903 SAD Final Assessment Roll 1904 SAD Miscellaneous H/DIV/UTIL/FILEOTLA.DOC\If •