HomeMy WebLinkAboutContract �
CAG-17-204 �
Denis Law Mayor
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Community Services Kelly Beymer,Administrator
Nationall y Accrediied Agency
October 10, 2017
Michael Rechner, Division Manager
Department of Natural Resources
State of Washington
1111 Washington Street SE
Olympia, WA 98504-7027
PERMISSION FOR RIGHT-OF-ENTRY TO GENE COULON MEMORIAL BEACH PARK
Dear Mr. Rechner:
The City of Renton Community Services Department ("Licensor") hereby permits employees of
Department of Natural Resources ("State"), its agents, contractors, and subcontractors (each,
and collectively, the "Performing Entity") a nonexclusive revocable license (the "Permit") to enter
upon the real property described in Exhibit A (the "Property") to transport, stockpile and transfer
fish mix substrate within the designated staging area of Gene Coulon Memorial Beach Park
("Park") for the purpose of enhancing the shoreline around Bird Island and for no other purpose,
and all subject to the terms and conditions set forth herein.
SHORELINE ENHANCEMENT WORK WILL BE PERFORMED AS FOLLOWS:
• New fish mix substrate may be brought into the Park and stockpiled in the parking lot south
of the play area shown in Exhibit A. Materials other than Fish Mix substrate shall not be
stockpiled.
• Material may be ferried around the play area's east side, east of the concrete pedestrian
path on the grassy area.The equipment will maneuver between the trees onsite, and trees
shall be protected with mats and Temporary Erosion and Sediment Control best
management practices according to the WSDOT Temporary Erosion and Sediment
Control Manual, March 2014.
• The area to the northwest of the play area will be closed to the public for the duration of
the project. The public will be directed to the west.
• Fill may be placed over the existing bulkhead toward the island, within the permitted
footprint, creating a small temporary causeway between the park and Bird Island.
• No equipment or materials over 50 PSF shall be within 8 feet of the face of the bulkhead.
• In order to utilize a land based method, a temporary trestle will likely be required to avoid
loading the existing bulkhead within 8 feet of the face and to restrain the placement of
material within the permitted footprint.
• The Performing Entity shall not use, store, generate, process, transport, handle, release,
or dispose of any hazardous substance, or other pollutants in or on the Property except in
accordance with all applicable laws.
THE STATE AND THE PERFORMING ENTITY ARE SUBJECT TO THE FOLLOWING:
• Neon-colored vests must be worn while working within the Park.
1055 South Grady Way,Renton,WA 98057• rentonwa.gov
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• Motorized transport shall only be permitted on designated roadways, areas and parking
lots and within the site access closure area shown in Exhibit A.
• Unless otherwise approved, the transport of materials between the project site and any
staging areas shall be limited to the hours between 7:00 AM and 11:00 AM. The
transportation of laborers and materials shall be minimized between the designated
staging areas and the project site during park hours.
• All reasonable precaution shall be taken to protect the Property and Licensor-owned
improvements.
• The State and the Performing Entity shall be responsible for any damage to any paved
surfaces, lawn, or other Licensor property caused by transportation between the
designated staging areas and the project site.
• No waste or damage to the Property shall occur.
• Collection of plants or animals is not permitted.
CONDITIONS OF RIGHT-OF-ENTRY ARE AS FOLLOWS:
1. A copy of this Permit must be in possession of the State or the Performing Entity when
on-site in the Park.
2. It is understood and agreed by the State that the performance of any work under this
Permit shall constitute (1) an acceptance by the State of all provisions and (2) an
agreement by the State that it and the Performing Entity shall adhere to all provisions.
3. The term of this Permit is effective on October 10, 2017 and shall terminate February 28,
2018. Licensor retains the right to terminate this Permit upon 30 days' notice to the State
for any reasons it desires.
Either party shall deliver notices required or permitted under this Permit to the following
locations. Any party may change the location of delivery upon ten (10) days'written notice
to the other.
STATE: Monica Shoemaker, Restoration Manager
DEPARTMENT OF NATURAL RESOURCES, Aquatics Division
950 Farman Avenue North
Enumclaw, WA 98022
(206) 799-2949
monica.shoemaker@ dnr.wa.gov
LICENSOR: Cailin Hunsaker, Parks and Golf Course Director
CITY OF RENTON
1055 S. Grady Way
Renton, WA 98057
(425) 430-6606
chunsaker@ rentonwa.gov
4. Prior to entering the Park (approximately two days prior), the State shall communicate and
coordinate delivery schedules with Dana Appel, Parks Supervisor, at (425) 766-6202 or
Bryce Goldmann, Lead Park Maintenance Worker, at (425) 430-6201 to confirm there are
no schedule conflicts.
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1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
5. At no time shall the State or the Performing Entity in any way represent themselves as an
employee, officer, or agent of the City.
6. There shall be no entry onto the subject properties, nor onto any private property, except
via public roads, without the permission of the affected owner(s).
7. Vehicles shall be kept on maintained roads.
8. Overnight use of the properties is not allowed unless approved by the City.
9. The State or the Performing Entity shall notify City Park staff of any unusual or
unauthorized activities noted while in the Park.
10. The State or the Performing Entity shall restore and/or correct any negative physical
impact to the Park to the satisfaction of the Administrator of the Community Services
Department, or her designee.
11. The State and the Performing Entity shall in no way obstruct or impede access to the
Property or the Park. In addition, the State and the Performing Entity shall take action to
ensure that all work in relation to this Permit is conducted in a safe and prudent manner.
12. The Performing Entity must be insured for damage resulting from liability of State or the
Performing Entity (including agents or employees) in the minimum amount of$1,000,000
per each occurrence. If requested by Licensor, State must furnish to Licensor proof of
insurance in the forms and amounts satisfactory to Licensor.
„ .._..
13. State shall defend, indemnify, and save harmless� Licensor, its office,►�s,� agents, and
employees from and against any and all claims (whether valid or alleged), demands,
actions, suits, damages, losses, judgments, liabilities, expenses and costs, including but
not limited to, court costs and reasonable attorney's fees incurred by Licensor on account
of any such claims, demands, or liabilities, and from loss of any kind or nature or nature
arising out of, resulting from, or in connection with this Permit. State's obligation shall
apply whether or not there is concurrent, active, or passive negligence on the part of the
Licensor, its agents, officers, or employees, except where Licensor is solely negligent. It
is further specificallv and expresslv understood that the indemnification provided
constitutes State's waiver of immunitv underthe Industrial Insurance Act, RCW Title
51, solelv for the purposes of this indemnification. The parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this license.
14. Nothing in this Permit shall be construed to grant the State or the Performing Entity an
easement by implication, prescription, or any other operation of law, or to extend the term
of the Permit past its expiration date as stated herein.
15. State and the Performing Entity must make all necessary precautions and coordinate all
efforts with City Parks Division staff to insure the safety and security of the Park at all
times.
16. The State and the PerForming Entity must provide to Licensor updates summarizing the
work completed in electronic form.
If you have any further questions, please contact Cailin Hunsaker, Parks and Golf Course
Director, at (425) 430-6606 or e-mail chunsaker(c�rentonwa.qov.
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1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
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IN WITNESS WHEREOF, the parEies have votuntarily entered into this agreement for the permit
term described in Section 3.
CITY OF RENTON DEPARTMENT OF NATURAL RESOURCES
I':.�t�--
KELLY BE ER MICHAEL RECHNER
Aclministrator, Community Services Division Manager
l�l��l�fi �a ��r
Date Date
Approved as to Lega!Form:
..�a��te
SHAiV� MOLONEY
Rentan City Attorney
ro 1�► 1�,
oate
cc: Leslie Betlach, Park Planning Director
Caifin Hunsaker, Parks and Golf Cou�se Director
Steve Brawn,Parks Managet
Dana Appef, Parks Superoisor
Bryce Goldmann, Lead Parks Maintenance Worke�
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1055 South Grady Way,Renton,WA 98057• �entonwa.gov
4
EXHIBIT A
Parcel Number: Portion of King County Parcel Number 3344500775 shown in figure below.
Owner of Record: City of Renton
Property Description:
1100 LAKE WASHINGTON BLVD N RENTON WA 98056
HILLMANS LK WN GARDEN OF EDEN #5 BLKS 360 & 361 SD ADD TGW SH LDS
ADJ TGW POR GL 4 SEC 05-23-05 & SH LDS ADJ DAF - BAAP N 56-32-07 W 65.018
FT FR NXN OF GOV MDR LN & S LN SD SEC 5 TH N 56-32-07 W 1221.78 FT TO
INNER HARBOR LN TH S 45-45-00 W 317.92 FT TH S 44-16-00 E 680 FT M/L TO S
LN OF SD SEC 5 TH E ALG SD S LN OF SD SEC 765.5 FT M/L TO WLY BNDRY OF
BN 100 FT R/W TH NELY ALG SD WLY BNDRY TO POINT OF BEGINNING TGW
AREA IN FRONT OF LOTS 1 THRU 9 BLOCK 360 OF HILLMANS LK WN GARDEN
OF EDEN #5
Figure:
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