The URL can be used to link to this page

Home My WebLink About15-069 - Sound Transit - Duwamish Gardens Habitat RestorationMarch 23, 2015 Ryan Larson The City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188-2544 1:11.11 ,31,1,1:110 LIAV MA F"'kjE3t,„1,C; RE: CITY OF TUKWILA DUWAMISH GARDENS HABITAT RESTORATION PROJECT —11269 E. MARGINAL WAY S. SOUND TRANSIT GUIDEWAY EASEMENT Dear Ryan: 1 5-069 Council Approval N/A The Duwamish Gardens Habitat Restoration Project will create an acre of intertidal habitat restoration, plus riparian and upland habitat restoration, a public park that will include trails, interpretive signage, water access, viewpoints and an information community gathering space (the "Facilities") located at 11269 East Marginal Way. S, Tukwila ("Project Area"). Sound Transit has easements on the City of Tukwila owned property for columns, foundations, aerial guideway, utilities, and low impact drainage systems. Seattle City Light has an easement for underground power lines used to operate light rail. The Project Area is depicted on Exhibit A. Sound Transit has reviewed the City of Tukwila's plans dated December 5, 2014 for the above referenced project and gives the City of Tukwila its approval with respect to Sound Transit's operations in the Guideway Easement Area. The City of Tukwila and Sound Transit agree as follows: Use of the Project Area. This Letter of Agreement ("Agreement") shall serve as Sound Transit's consent that the City of Tukwila at its expense, may install, access, operate, maintain, repair, replace and remove its Facilities in the Project Area that lies under the Sound Transit Link light rail aerial guideway for so long as this Agreement remains in effect subject to the possibility of the requirement to obtain future Link Track Allocation Permits as set forth in Section 5 below. The City of Tukwila agrees that its use of the Project Area shall not interfere with electrically controlled railroad signals, telephone, or other circuits of railroad, or any telephone or other company or person operating circuits on the Link System or along the tracks. 2. Conditions of Use. a. All work, construction vehicles and/or equipment must be a minimum of ten (10) feet away from the columns, foundations and aerial guideway in any direction. If a crane or any other construction vehicle and/or equipment in use by the City of Tukwila or the City of Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org 51- CHAIR Dow Constantine King County Executive VICE CHAIRS Paul Roberts Everett Councilmember Marilyn Strickland Tacoma Mayor BOARD MEMBERS Claudia Balducci Bellevue Mayor Fred Butler Issaquah Mayor Dave Earling Edmonds Mayor Dave Enslow Sumner Mayor John Lovick Snohomish County Executive John Marchione Redmond Mayor Pat McCarthy Pierce County Executive Joe McDermott King County Council Vice Chair Mary Moss Lakewood Councilmember Ed Murray Seattle Mayor Mike O'Brien Seattle Councilmember Lynn Peterson Washington State Secretary of Transportation Larry Phillips King County Council Chair Dave Upth rove King County Councilmember Peter von Reichbauer King County Councilmember CHIEF EXECUTIVE OFFICER Joni Earl yan I -arson March 23,2Ol5 Page Two Tukvvi|o`s c has the potential to u000c v/hbin ten (lO) feet, a lJnkIrack Access Permit will he required. ()ncra1iug o park in close proximity to (underneath) the guideway poses certain security and suf'etyconcerns. R b. To obtain u Link Track Access Permit request form, contact the Central Link Track Access Office eos((BSoundtoaositoru). After receiving approval, ncopy oF the signed Link Track Access Permit must be provided to Steve Sawyer, Sound Tounyit`a Property Management Assistant Manager, (steve.sawyer@SOLindtransit.org). c. At least 48 hours prior to inhba||v entering the Project Area, the City of Tukwila shall notify Sound Tranyh`n Property Management Assistant Manager, Steve Sawyer, at 206.999.3122oc206.390.5355. d. The City nfTukwila shall not interfere with the normal operations ofSound Transit or the Link System. c The City ofTukwila shall be responsible for any damage done tothe Link System by the City of Tukwila or its representatives. 4. Landscaping. The landscape plantings adjacent k)the guideway must comply with the Sound Transit Design Criteria Manual. Trees that would have u3Oinch diameter at breast height (DB0 a1maturity cannot hcplanted closer than 3l feet from the center o[tile guideway tnthe center ofthe tree, ocl7feet from the edge ofthe guideway tothe center nfthe tree. Trees that will u]ticuo1c|y be 1u/)cr than the guideway railing height xbno|d not have branches closer than I feet to the edge of the guideway. Under the Guideway Easement, Sound Transit has the right to ucccnn the property for the purpose of tcicuouiog trees and vegetation lying within ten feet of the ucriu\ guideway or higher than the top or nzi| and within five feet of the columns. The City ofTukwila shall contact Sound Trunsit`sSenior Environmental Planner, Marti l.outhcr at 200.398.5002 during the plant layout to ccvicvv and approve the plantings under and around the guideway. 5. Construction and Installation of Facilities. ^ The Facilities obuU he constructed by u licensed contractor in accordance with Sound Transit standards, and in accordance with drawings and specifications approved in advance by Sound Transit and with all laws, rules, regulations, ordinances and requirements ofgovernmental agencies, offices and boards having jurisdiction. If the City of Tukwila noukcs any changes to the approved drawings that v/oo|d materially affect the Project Area, the City of Tukwila sbo|| submit the revised plans to Sound Tronnit`x Senior Leasing Document Coordinator, Angela Murrnion, at uugelo.onarcnion@xoundtcansit.org. Sound Transit shall have teu(]0) business days tn review and approve any changes octnrequest revisions tothe drawings. Central Puget Sound Regional Transit Authority ` Union Station *01 S. Jackson St., Seattle, vvxye1o4'zez6`Reception: (uV6)3yO'nVUO`FAX: (206)3e8'5499 vwmw.ouunutrannit.nrg Ryan Larson March 23,20|5 Page Three 6~ Safety. The City ofTukwila shall install maintain, operate, and repair its Facilities ioumanner that the City nfTukwUa`sand the Facilities' presence iothe Project Area shall not at any time be a source of peril ordanger to users ofthe Link Systern or interfere with the uses o[Sound Transit. 7. Indemnification. The City ofTukwila agrees to defend, indonnifvund hold bucm|ouu Sound Transit, its officers, directors and tnop|uycon from and nguioni any and all o|uinou, demands or causes of uodou and the ccnu|dug losses, costs, cspsnocx, ccouonah)c attorney fees, liabilities, damages, orders, judgments or dcorccn arising ou1 Of the acts, errors, or 000iusionx of the City ofTukwila orits agents, independent contractors, or employees related to or in any vvoy o,iaioA out ofthe installation, operation, maintenance, repair or rrnlovu| of the City ofTukvvilu`s Facilities and/or from the City ofTuk`vi)o`o failure to oh1nio necessary property rights and or permission to install, operate, or ruuio1oio the loaddition to all other indemnities provided in this Agreement, the City o[Tukwila agrees to protect, dcleuci and indemnify and hold Sound Transit bnrm|csu for any ouitx, clubno, damages, strict liabilities, and costs orliabilities associated with the yncacnco, removal or remediation of any Hazardous Substance (including petroleum and gasoline products) that are released onto orfrom the Project Area, or otherwise come to he located on the Project Area as a ,csu|1 of the City of Tnkv*iln`m use of the Project /\ceu, including the construction, cccnustruodou" okcrudnu, maintenance, operation, repair, cccoova| or relocation ofthe City ofTukwOu`s Facilities, vvbcther(|) made, commenced or incurred during the tcon of this /\g,eonncnt, or (2)mnade, commenced or incurred after ihc exPizudnu or termination of this Agreement if arising out of events occurring during the term ofthis Agreement. "Hazardous nubo1nucen" for purposes of this section include, but are not limited to, \bnsc substances included vvdbin the dcfiuihVu of "hazardous xohntuuccx," `1huznrdoua nootchu|x," "toxic substances ,``^^hazardous vvustcx" orsolid wastes in any federal, state or local |uvv, statute, ordinance, regulation, order, o, rule pertaining to health, industrial hygiene, cnviroonocutu| conditions or hazardous substances. ^^[nyts" nbnl| include, but not be |ionitcd to, all response or rcnncdiu1ion costs, disposal fees, investigation costs, monitoring costs, civil or criminal penalties, attorneys' fees, and other litigation costs incurred inconnection with such response ocronnedia1iou. Central Puget Sound Regional Transit*vmority`unionStation *01S. Jackson Cv,Seattle, vv^em1o*'zazo`Reception: (z06)aeo'n000^FAX: (2m6) 39e-5499 *wvw.snunmmnnkv,g Ryan Larson March 23,20|5 Page Four 8. Insurance. The City ofTukwila shall atits expense procure and maintain throughout the term ofthe Agreement, and provide proof to Sound Trouxk that the City of Tukwila and its contractors and Subcontractors have secured the following insurance policies: o. Commercial Liability insurance iuamounts ofnot less than ocombined single limit of $2,000,000 or in such o1bc, amounts as Sound Transit may from time to {inoc rnoxonob|v require [which |icnii may be rnct through a combination of primary and excess or unuhro\|a rnvcro8c], insuring the City of Tukwila, Sound Transit, Sound Tcuusii`u agents and their respective utD|iu1cs against all liability for injury to o, death ofoperson or persons ordamage to property arising from the use and occupancy of the property. b. Commercial Liability insurance described in kJ above, shall include coverage for Bodily Injury and Property Darnage Liability, Personal Injury liability and containing cndococnocn8s covering Contractual Liability, Picc I.rga| Liuhiihv and Stop -Gap coverage cndnrscn`cota sufficient to cover The City of Tukvvi|o`s indonnni1y obligations hereunder. c Automobile Liability insurance bzannountswfnot less than ucombined single limit of $1,000,000 covering The City ofTukn'Uu`o owned, non -owned, |cnncd or rented vehicles. d. All-risk Property insurance covering the full value of The City nfTukv"|u`o property and improvements (including all initial impnovonncntn)" and other property (including property ofothers tothe extent within the care, custody and coobn) of The City of Tukwila), in the Project Area. o. Workers' Compensation and Employers' Liability in accordance with the provisions of Title 51 of the Revised Code nfWashington and covering The City ofTukvvi\u`s employee's industrial accidents and injuries. Prior to taking occupancy, the City of Tukwila nhui\ bnoimb Sound Transit with a Certificate(s) of Insurance, executed by a duly authorized representative of each insurer obov/iug compliance with the insurance requirements set fhdb above and naming Sound Transit mounadditional insured. 9. Notices shall be in writing, unless otherwise provided below, and deemed delivered when sent to the addresses below: Central Puget Sound Regional Transit Authority ` Union Station 401 S. Jackson Su.Seattle, xvA381V*-2VoO` 3e8-5000 ^ FAX: (206) 398*1e9 Ryan Larson March 23, 2015 Page Five To the City of Tukwila: To Sound Transit: The City of Tukwila Attn: Ryan Larson, Sr. Program Manager, Surface Water 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188-2544 Kyan.Larson@tukwilawa.m Sound Transit Union Station Attn: Property Management Manager 401 S. Jackson Street Seattle, WA 98104 propertymanagement@soundtransit.org Please acknowledge your agreement with the foregoing terms by signing in the space provided below and returning one copy of this Letter of Agreement to my attention. Thank you for your assistance. Please contact me at 206.398.5401 if you have any questions. Sin erely, Nancy Benne Property Ma e ent Manager ACCEPTED AND AGREED: Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org SOUNDTRANSIT Ryan Larson March 23, 2015 Page Six EXHIBIT A PROJECT AREA N 60 Feat ,'""'"7""".4 Adjacent property e tjtv, /NE, N N 44N/414/N NNNi og,tay ,p11; Sound Transit easement Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransitorg