Loading...
HomeMy WebLinkAboutContract � CAG-17-204 � Denis Law Mayor '� 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 . • 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. �� 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. �� 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov ' . 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� • ,}. � 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: � ��=s�� �� � �„�a►,�w�`�a � „� �k '� �. . : � ; � � � �� { a� , ��" �,��;�� ��� .x�,,� . ' * �,.;,;;��I ^ , . � � �"- �, ����� � �§ '�,u� ' ° 4 .�' � �-v! g,. � S r � �k: D�, . � § �k 11 R �. � .•�'� 7:' r�,Y ���:,� i�e,�. '� �, i. � ':5��{. y .��.:* � r� r �., V�"� � "'�, � � � .�4r���� �:, '' `� � � . 9 �� ,�' �, s� "� •n�, ��, �: `. i� f}�'„�.. �� Y C # , . .'.3� � � ? s.: . ♦'., � . . � � , : �r �{� �� ..��� � +��+ Ay � y� '�,t �1'k � '� � � ,�IF, �¢4TK. .ai" #�.. , . . w , �m.. � ''' . �•,.� ._� # a,, y .�. < - x,k�, ,� ` • , � � �, 'M�'; �.., � �� ^E 7i ��W '�' � �,r� "�? 1' " `� '�`�� � � ; r. ,_T� �.� ��"�9 ,�1*� �> --�{'_._'";i-,;," �.�_ � ��: '� , �I�''.�" � � : � - � , R °� r; , f`��a�,' �� , �. �"�+' , ;� �� � ` � ,,i . ��,,+.Y �i�,�""� � s;� , .1�: ;"'� " :�t,4 i ; �. 1 �, °� �'� � � ... . .:.w �. � , �'"/•��„ i � �+ � ,•` ,+ `i' �. ,:� ♦ 1` r;+ g .