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HomeMy WebLinkAboutRES 4377 CITY OF RENTON, WASHINGTON RESOLUTION NO. 4377 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION REGARDING STREAM BUFFER MITIGATION ALONG THE CEDAR RIVER IN RON REGIS PARK. WHEREAS, the City and the State of Washington Department of Transportation ("WSDOT") are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, WSDOT is planning improvements to 1-405 between SR 167 in Renton and NE 6th Street in Bellevue, known as the 1-405, Renton to Bellevue Widening and Express Toll Lanes Project (the "Project"); and WHEREAS, one of those improvements involves widening of the 1-405 Cedar River Bridge causing impacts to the Cedar River stream buffer requiring mitigation; and WHEREAS, WSDOT has applied for and received a Shoreline Substantial Development Permit from the City under City of Renton File No. LUA17-000810, SM, CAR (for 1-405, Tukwila to Renton Improvement Project, Stage 3) (the "Shoreline Permit") which identified an area along the Cedar River in Ron Regis Park owned by the City and located along Maple Valley Highway as a site for stream buffer mitigation; and WHEREAS, Ron Regis Park is protected under Section 4(f) of the United States Department of Transportation Act of 1966 (49 USC 303) as a publicly owned park and recreation area. WSDOT has determined that its proposed stream buffer mitigation work qualifies as a Section 4(f) exception under 23 CFR 774.13(g), thus, requiring no Section 4(f) mitigation for the 1 RESOLUTION NO. 4377 stream buffer mitigation work within Ron Regis Park. The City has concurred in WSDOT's Section 4(f) determination, provided that WSDOT and the CITY enter into an interlocal agreement satisfactorily detailing the scope of WSDOT's proposed stream buffer mitigation work, including provisions concerning the nature and location of planting, the timing of planting, irrigation, maintenance, and replacement; and WHEREAS, the Shoreline Permit also anticipates that the City and WSDOT would enter into an interlocal agreement for offsite mitigation planting at Ron Regis Park; and WHEREAS, the City and WSDOT intend that the interlocal agreement authorized by this resolution fulfills WSDOT's obligations under the City's Section 4(f) concurrence and the Shoreline Permit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with WSDOT regarding stream buffer mitigation along the Cedar River in Ron Regis Park, in a form the same or substantially similar to the one attached hereto as Exhibit "A" and incorporated by this reference. PASSED BY THE CITY COUNCIL this 1st day of April, 2019. Jaso A. Seth, ity Clerk 2 RESOLUTION NO. 4377 APPROVED BY THE MAYOR this 1st day of April, 2019. ..)4/e.1.44 id/Lc' Denis Law, Mayor +`r y�`` 1111111111j1, ©1-% Approved as to form: * SEAL = * = Shane Moloney, City Attorney 0 11ED c•`. RES.1792:2/21/18:scr 3 RESOLUTION NO. 4377 EXHIBIT "A" INTERLOCAL AGREEMENT WITH STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION REGARDING STREAM BUFFER MITIGATION ALONG THE CEDAR RIVER IN RON REGIS PARK 4 GCB 3066 This Interlocal Agreement (Agreement) is entered into by and between the Washington State Department of Transportation, an agency of the State of Washington (WSDOT), and the City of Renton, a Washington municipal corporation (CITY); individually referred to as the "Party" and collectively the "Parties." RECITALS A. The Parties have the authority to enter into this Agreement pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, wherein the legislature has authorized governmental units to make the most efficient use of their individual powers by enabling them to cooperate on a basis of mutual advantage for public benefit. B. WSDOT is planning improvements to 1-405 between SR 167 in Renton and NE 6t" Street in Bellevue, known as the 1-405, Renton to Bellevue Widening and Express Toll Lanes Project (Project). C. One of those improvements involves widening of the 1-405 Cedar River Bridge causing impacts to the Cedar River stream buffer requiring mitigation. D. WSDOT has applied for and received a Shoreline Substantial Development Permit issued July 11, 2018 from the CITY under City of Renton File No. LUA17-000810, SM, CAR (for 1-405, Tukwila to Renton Improvement Project, Stage 3) (Shoreline Permit) which identified an area along the Cedar River in Ron Regis Park owned by the CITY and located along Maple Valley Highway as a site for stream buffer mitigation. E. Ron Regis Park is protected under Section 4(f) of the United States Department of Transportation Act of 1966 (49 USC 303) as a publicly owned park and recreation area. WSDOT has determined that its proposed stream buffer mitigation work qualifies as a Section 4(f) exception under 23 CFR 774.13(g), thus, requiring no Section 4(f) mitigation for the stream buffer mitigation work within Ron Regis Park. CITY has concurred in WSDOT's Section 4(f) determination, provided that WSDOT and the CITY enter into an interlocal agreement satisfactorily detailing the scope of WSDOT's proposed stream buffer mitigation work, including provisions concerning the nature and location of planting, the timing of planting, irrigation, maintenance, and replacement. F. In addition, the Shoreline Permit also anticipates that the Parties would enter into an interlocal agreement, stating as a condition: "The applicant shall complete an inter-local agreement (ILA) for offsite mitigation planting at Ron Regis Park. Elements of the agreement would include a detailed landscape plan with maintenance and temporary irrigation. The ILA and detailed landscape plan shall be submitted with the construction permit application to be reviewed and approved by the Current Planning Project Manager prior to construction permit approval." G. The Parties intend that this Agreement fulfill WSDOT's obligations under the CITY's Section 4(f) concurrence and the Shoreline Permit. GCB 3066 Page 1 of 6 Now Therefore, in consideration of the mutual promises herein, and the attached Exhibits A and B which are incorporated and made a part hereof, the Parties agree as follows: 1. Adoption of Recitals The foregoing recitals are adopted and incorporated herein as terms of this Agreement. 2. Responsibilities 2.1 WSDOT agrees to: 2.1.1 Design a stream buffer mitigation plan to 100 percent permit design. The stream buffer mitigation plan will include a landscaping plan which, in turn, will include, at a minimum, the following: 2.1.1.1 An itemized planting list and location of plantings, generally as shown in Exhibit A. The location of plantings as generally shown in Exhibit A shall hereinafter be referred to as the "Site." 2.1.1.2 A timeline for initial planting, to occur in the fall season. 2.1.1.3 Provisions for irrigation, maintenance, monitoring, and plant replacement (plant replacement, on an as-necessary basis) for a five (5) year period, beginning on the last date of initial planting. 2.1.1.4 Collectively, the landscaping plan with its above elements is hereinafter the "Landscaping Plan." 2.1.2 Apply for a City of Renton construction permit and include the Landscaping Plan in the application. 2.1.3 Construct the stream buffer mitigation at Ron Regis Park, including installing all plantings and related improvements called for in the Landscaping Plan, under the Project's design build contract. 2.1.4 Maintain and monitor the Site and conduct necessary plant replacement for a 5- year plant establishment period, consistent with the Landscaping Plan. WSDOT may assign all or part of these obligations to its design builder, but WSDOT shall remain jointly responsible for any assigned obligations. 2.1.5 Work with the CITY during the 5-year plant establishment period to accommodate the CITY's public access and use plans that are consistent with the stream buffer mitigation functions at Ron Regis Park. 2.1.6 Provide quarterly inspection updates of compliance with the Landscaping Plan to the CITY's Community and Economic Development and Community Services Departments for the first year and annual reports for the five (5) year plant establishment period. These reports will depict the baseline condition including at a minimum field pictures of how the area is re-vegetated, success rates of planting, and the appearance of any invasive material on the Site. GCB 3066 Page 2 of 6 2.1.7 At the conclusion of the 5-year plant establishment period, deliver a written Notice of Physical Completion of Stream Buffer Mitigation Construction (Notice) to the CITY. 2.1.8 Follow the review process as per Exhibit B. 2.2 The CITY agrees to: 2.2.1 Grant and convey to the WSDOT a right of entry upon Ron Regis Park for the purpose of constructing and maintaining the stream buffer mitigation site through the plant establishment period. 2.2.2 Follow the review process and comment on the submittals described in EXHIBIT B CITY REVIEW (Exhibit B). 2.2.3 Issue a construction permit for the stream buffer mitigation work in Ron Regis Park if WSDOT has complied with its obligations under this Agreement and has otherwise satisfied the requirements for issuance of a construction permit. 2.2.4 Subject to the provisions of Section 3, relieve WSDOT of maintenance obligations for the stream buffer mitigation functions upon acceptance of the Notice. 3. City Acceptance of the Stream Buffer Mitigation Site 3.1 Any modifications to the stream buffer mitigation area agreed to by the Parties prior to the end of the 5-year plant establishment period, will require a written amendment to this Agreement signed by the Parties that defines the work and addresses issues of design, construction, funding and maintenance related to such modifications. Unless the Parties otherwise agree, the CITY will be responsible for obtaining any required permits related to such modifications. 3.2 Prior to WSDOT delivering the Notice to the CITY, the CITY and WSDOT will perform a joint inspection. Subject to the provisions of Section 3.3, the CITY agrees, upon satisfactory completion of the stream buffer mitigation area and receipt of the Notice, to deliver a letter of acceptance to WSDOT. 3.3 If a letter of acceptance from the CITY is not received by WSDOT within thirty (30) calendar days following delivery of the Notice to the CITY, the stream buffer mitigation construction and WSDOT administration thereof shall be considered accepted by the CITY, unless within such 30-day period the CITY delivers to WSDOT a notice of non- acceptance. The CITY's notice of non-acceptance will include the reason(s) for withholding acceptance. 4. Relationship to Existing Laws and Statutes This Agreement in no way modifies or supersedes existing laws and statutes. In meeting the commitments encompassed in this Agreement, the Parties will comply with the requirements of the National Environmental Policy Act, the State Environmental Policy Act, Growth Management Act, Shoreline Management Act, permit requirements and conditions, and other applicable State, federal and local laws. 5. Effective Date, Duration, and Amendment GCB 3066 Page 3 of 6 5.1 The term of this Agreement shall commence upon the Parties' execution of the Agreement and continue until sixty (60) calendar days after the Parties have completed all of their respective obligations under Sections 2 and 3 of this Agreement. 5.2 This Agreement may only be amended in writing, except as may otherwise be provided within this Agreement, and any amendment shall become effective. only when signed by persons authorized to a written amendment to this Agreement. 6. Legal Relations 6.1 Each Party shall be responsible for its own administrative determinations and actions taken in the performance of this Agreement. 6.2 The provisions of this Agreement shall be administered by WSDOT for the State of Washington and the Public Works Department for the CITY, with the CITY's Community Services Department (as the land manager) supporting the Public Works Department. 6.3 Notice Notice to the CITY shall be sent to: Gregg Zimmerman, Public Works Administrator 1055 Grady Avenue South Renton, WA 98057 Telephone: 425.430.7311 Email: Gzimmerman@rentonwa.gov With a copy to: Leslie Betlach, Parks Planning and Natural Resources Director 1055 Grady Avenue South Renton, WA 98057 Telephone: 425.430.6619 Email: Lbetlach@rentonwa.gov Notice to WSDOT shall be sent to: Sean Quarrie, PE, Project Engineer 600108 th Ave NE, Ste 405 Phone: 425-456-8627 Email: QUARRIS@wsdot.wa.gov All communications, including notices, regarding this Agreement shall be sent to the Parties' representatives at the addresses listed above. Any written notice shall become effective upon (1) personal service or (2) three business days after the date of mailing by registered or certified mail and first-class mail, and shall be deemed sufficiently given if sent to the address stated in this Agreement, or to such other address as may be specified in writing by a Party. Telephone or e-mail communication, or both, is encouraged as supplemental notice, but shall not replace the preceding notice requirements. 6.4 Each Party shall protect and hold harmless the other Party, its officers, officials, employees, and/or agents from and against all claims, suits or actions arising from the acts or omissions of that Party, its officers, officials, employees, and/or agents while performing under the terms of this Agreement. In the event of a claim for damages of any nature whatsoever arising out of the performance of this Agreement caused by the GCB 3066 Page 4 of 6 concurrent actions of the Parties, their officers, officials, employees, and/or agents, each Party shall provide its own defense and be liable for damages, costs, fees or other amounts only to the extent of its individual actions that are the basis for the imposition of liability or damages. The provisions of this Section shall survive the termination of this Agreement. 6.5 Any lawsuit or legal action brought by either Party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. 7. No Third Party Benefits This Agreement is made for the sole benefit of WSDOT and the CITY and not for any third party's benefit. 8. Severability If any provision of this Agreement or its application to any person or circumstance is held invalid, the remainder of the provisions and/or the application of the provisions to other persons or circumstances shall not be affected. 9. Miscellaneous 9.1 No separate legal or administrative entity is created under this Agreement. 9.2 No joint financing structure or budget is hereby created under this Agreement. 9.3 No real or personal property will be acquired under this Agreement. 9.4 The Parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Both Parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement. 9.5 This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. GCB 3066 Page 5 of 6 In Witness Whereof, the Parties have executed this Agreement as of the latest date written below. City of Renton Washington State Department of Transportation By (signature): Denis Law Mayor Date: Approved as to Form: By (print): By (signature): City Attorney Date: Attest: By (signature): Jason Seth, City Clerk Date: By (signature): Kim Henry 1-405/SR 167 Program Administrator Date: proved a rcv".75~ : A A/ By (pri By (signature): Assistant Attorney ener ~d oZd~ Date: GCB 3066 Page 6 of 6 IO171' p; m R 9 ,_ STREAM BUFFER ENHANCEMENT 22IViV- _ _ [7 C7 SCIENTIFIC NAME COMMON NAME SIZE IN, OF MIX IV- IV 6Z fq !7 5z 6z IS7 PSEUDOTSUGA MENZIESII' DOUGLAS FIR 2 GAL 5.0% IQ>Q67l4_ THUJA PLICATA WESTERN RED CEDAR _ 2 GAL 6.2% 5Z 5Z IQ N TSUGA HETEROPHYLLA WESTERN HEMLOCK 2 GAL 5.0% 9- S 5Z 'y FRAXINUS LATIFOLIA= _._...._-...__. _. ._........Z _... OREGON ASH 2 GAL 4.0% sz 5z 67 LLv t 6z LQ' 15z IV ACER MACROPHYLLUM BIG LEAF MAPLE 2 GAL 5.0% IQGIV IN 9- IV- ISZ IV CORNUS SERICEA' RED-OSIER DOGWOOD 1 GAL. 7.5% PHYSOCARPUS CAPITATUS Z PACIFIC NINE BARK 1 GAL. 7.5% NZ NZ V W N POLYSTICHUM MUNITUM' SWORD FERN 1 GAL. 7.5% ISZ M M V ROSA NUTKANA NOOTKA ROSE 1 GAL. 11.2% Lv IV 4. I4. IV- 17-lY7 RUBUS PARVIFLORUS THIMBLEBERRY 1 GAL. 7.5% p2~. U U ~ RUBUS SPECTABILIS SALMONBERRY 1 GAL. 11.2% 6Z 7- IQ P7- SALIX SITCHENSIS 2 SITKA WILLOW 1 GAL. 11.2% — f0! l0 10' N SYMPHORICARPOS ALBUS' I SNOWBERRY 1 GAL. 11.2% .. - Y _ f - ~`~' tit"• ;' r ~ - i COR PREFFERED RESTORATION AREA'; I- 14 7 KJ . ~ - fir• v L l v~: ~ _ ; Y' ~ _ ~ fir. ~. • ~ ,~'~ - ,,p ~ z' P te; nr • j►. t- _ EXISTING TRAIL A-4 6 is ti E++.~ • y .~~' - r PLANTING AREA _ s= 30,600 SF AT 30% INFILL , e. 'r. r17v_j 0 25 50 SCALE IN FEET TIME 7:28:25 AM RECDN STATE FED.AID PROJ.NO. GCB 3066 Exhibit A Page 1 of 1 P.E. STAMP BOX P.E. STAMP 80% a _ Wo.hhglon Slplt O.ppfl~ofTmn,ponnHOn 1-405 RENTON TO BELLEVUE CORRIDOR WIDENING &EXPRESS TOLL LANES DATE 101312018 10 WASH PLOTTED BY cbrennan DESIGNED BY L. COOLEY JOB NUMBER S8E, OF 8 SHEETS I ENTERED BY S. TAYLOR CHECKED BY R. THOMAS CONTRACT NO. LOCATION NO. XL4653 PROJ. ENGR. C. BARNETT STREAM BUFFER MITIGATION CEDAR RIVER REGIONAL ADM. L. ENG REVISION DATE I BY EXHIBIT B CITY REVIEW 1.0 CITY REVIEW AND COMMENT ON PROJECT ELEMENTS 1.1 WSDOT will provide the CITY with three (3) hard copies and an electronic copy of the preliminary and final design submittals formatted to printing and plotting to scale, as submitted by the Design-Builder in accordance with the Project's Request for Proposals (RFP), for review and comment by the CITY on Project elements that (a) require a CITY permit pursuant to the Renton Municipal Code (RMC), (b) will be owned, maintained, or operated by the CITY, (c) will be located within CITY-owned property or right of way, or (d) will be integrated with or connected to CITY utilities (collectively hereinafter referred to as "Project Elements"). 1.1.1 Project Elements include, but are not limited to, design of CITY streets and other associated CITY roadway elements, landscaping, irrigation, sidewalks, bike facilities, trail connections and associated amenities, stormwater, water and sewer utilities, streetlights along CITY roadways, CITY street and trail detour routes, noise variance requests within the CITY limits and right of way permits within the CITY limits. 1.1.2 WSDOT shall submit designs to the CITY for review at preliminary and final design stages. Each submittal, including final design, shall consider the CITY's previous review comments to address and incorporate changes as appropriate. 1.1.3 WSDOT agrees that its design and construction of Project Elements shall conform to conditions of the WSDOT Environmental Assessment, applicable CITY policies, CITY's Municipal Storm Water permits, CITY's Trails and Bicycle Master Plan, design standards, standard plans, comprehensive utilities system plans, development regulations, and other applicable requirements of the RMC. The CITY's review and comment will be limited to such requirements. 1.1.4 CITY may require the Design-Builder to apply for an Authorization of Special Billing as part of the Civil Construction permit. The Special Billing covers the CITY inspector's overtime hours for working outside of 7:00 AM to 3:30 PM based on the Design-Builder's work schedule for constructing Project Elements. 1.2 WSDOT will provide the CITY with three (3) hard copies and an electronic copy formatted to printing and plotting to scale, of the Release for Construction (RFC) documents for CITY use in confirming that all the CITY's comments on the final design submittals have been addressed. The CITY may submit written comments concerning the RFC documents to WSDOT within the timeframe given in Section 1.6, below. 1.3 WSDOT will review all submittals from its Design-Builder for completeness with contract requirements prior to forwarding them to the CITY's Project Coordinator for review. 1.4 WSDOT will provide the CITY with its review comments on Project Elements included in the Design-Builder's plans. GCB 3066 Page 1 of 2 Exhibit B 1.5 WSDOT will work with its Design-Builder to give the CITY as much advance notice of upcoming and planned submittals as possible. WSDOT will have the Design-Builder submit a 45 calendar day schedule of upcoming submittals to the CITY. 1.6 The CITY commits to reviewing and returning preliminary construction and right-of-way design submittals to WSDOT within a maximum of fourteen (14) calendar days of request for review and final construction and right-of-way design submittals within fourteen (14) calendar days of request for review. All other required permit submittals shall be reviewed as required by the RMC. 1.6.1 In the case of infrequent circumstances, such as CITY emergencies and extreme and unusual weather conditions affecting the CITY's ability to perform normal functions, or receipt of project submittals of unusual volume, complexity, or unexpected or controversial content, the Parties recognize the challenge the CITY may have to review and return submittals within the allotted review period. 1.6.2 The Parties agree that additional review days may be allowed if there is no created delay or cost increase for the Project. In these cases, the CITY will be responsible for requesting approval from WSDOT within the allotted review period and articulating the cause for delay and specific additional calendar days needed for the review. 1.6.2.1 WSDOT will review the extended period request for consequences to the design-build contract requirements, schedule, and cost. 1.6.2.2 WSDOT will approve extensions if there is no risk created to the design-build contract. 1.6.2.3 If WSDOT is unable to approve additional review days, WSDOT, at WSDOT's sole discretion, may proceed with the design-build contract without the CITY's review comments so as to prevent any delays to the Project due to the CITY's reviews. 1.6.2.4 If WSDOT proceeds without the CITY's review comments as set forth in this section, WSDOT shall ensure compliance with applicable design standards and plans as set forth in this agreement and the project's Request for Proposal and the CITY will defend and indemnify WSDOT for any claims arising from the work under this Agreement related to the CITY's failure to make such review comments. GCB 3066 Page 2 of 2 Exhibit B