Attendees:
Shannon Dunn, Stephanie Shelton, Dawn Hemminger, Rob Mattson. Darren Morgan from SDOT did not show up.
Now that we have submitted our application for a Small and Simple Grant for our planter partnership project on 14th Ave NW, our steering committee is ready to start tackling some of the details of the project.
The purpose for this meeting was to go over the Draft Maintenance Agreement for the Installation of the Planters in the Right of Way on 14th Ave NW between Seattle Department of Transportation and the East Ballard Community Association. The draft is provided below with questions/concerns outlined in red that we would like SDOT to address.
DRAFT
Maintenance Agreement
For the Installation of the Planters in the Right-of-Way at 14th Avenue NW
Between
THE SEATTLE DEPARTMENT OF TRANSPORTATION – Street Use Division
AND
The East Ballard Community Association
Effective: XXXXXXXXXXXXX
Background
The Street Use and Urban Forestry Division of the Seattle Department of Transportation and the East Ballard Community Association have worked closely to ensure a successful planter installation in the roadway median along 14thAvenue NW between Market Street to the south and 65th Ave NW to the North.
This agreement is intended to support and promote the on-going maintenance of the planters as a community beautification project on SDOT right-of-way, under an annual renewable permit.
This Agreement covers:
1.The permit conditions, plan and installation review and issuance requirements.
2.The plan scope, installation and maintenance requirements for the planters.
3.The requirement of a surety bond to ensure the restoration of the Right-of-Way for the duration of the permit or a letter of agreement from a local business that is willing to donate the necessary services & equipment to accomplish this restoration.
4.The dispute resolution process.
5.The disposition of the planters after 5 years of use.
A G R E E M E N T
1.Permit Fees & Requirements
SDOT will assess and collect installation permit fees from EBCA according to the current Street Use Permit Fee Schedule. The permit fee will be determined based on the scope of the work in the right-of-way required for the installation.
Installation permit (subject to scope of project):
$150 Field Review, (Is the field review fee necessary? We did not include this in the budget for our grant application, because our email and meeting discussions only mentioned the issuance and inspection fees and the possibility of inspection fees upon complaints)
$101 Issuance Fee minimum (*based on installations, use and scope of construction work in right-of-way.) This is the annual fee, correct?
$150 (one Initial and one Final inspections for all uses) (is this $150 total for initial and final or $150 each?)
$75 additional minimum per inspection may be assessed, if complaints arise from construction activity.
Permit conditions and maintenance agreements shall be incorporated in the body of the permit.
2.Plan Scope, Installation and Maintenance plan Requirements
The agreement that EBCA will not materially change the scope of the plans of the installation.
Safety considerations for work partiesare paramount. 14thAve NW at this location is an arterial street, with large volumes of cross traffic. During maintenance activities, the work site and workers shall be protected as outlined by the City of Seattle Traffic Control Manual. The manager of Urban Forestry or his designee may be utilized for guidance in this matter. All costs of traffic control, if any, are the responsibility of the EBCA. (Will SDOT cover the costs of delivering and installing the planters in the medians, including traffic control as previously discussed? Some specific language should be added as to the exact placement of the planters and how the area under or around them will be prepped and who will be prepping them. ) If the scope of work requires a Traffic Control Plan, the Traffic Control Plan shall be reviewed by the Traffic Division of SDOT. (Will this project require a Traffic Control Plan? If so, we will need advisement on what this should look like and the timeline as to when it needs to be done)
SDOT may require additional review, installation fees and separate permitting for the following actions or items:
Construction activity that may impede pedestrian or traffic mobility, including road closures, material storage, or heavy equipment use.
The actual planting and associated vegetation maintenance plan shall be made jointly with the Urban Forestry Manager of Operations and reviewed annually with each planting season. (Will this review be held each year at the time of permit renewal? Will this review be held beyond the 5 yrs after EBCA owns the planters outright? If so, the language needs to be clearer. Also, how detailed does the plan need to be? Would a plant palette and size requirements be sufficient? We may have 2 planting seasons a year, would we need a review for each season?).
The EBCA shall be clean graffiti from the planters within 24 hours of notification from either the community or the City. (removal of graffiti within 24 hours would be ideal, however, city ordinance 118082 states 10 days after notification. We recommend changing the language to meeting the guidelines of the ordinance. In reality, we’ll get it done sooner, but within 24 hours could be prohibitive).
3.Bond Requirements
The EBCA shall purchase a surety bond in the amount of $3,000 for a term of three years or provide a letter of agreement from a local business that is willing to donate the necessary services & equipment to accomplish this restoration. The bond is in place to ensure the restoration of the right-of-way back to its original conditions in the case that this project is abandoned. SDOT shall make every reasonable effort to work with the EBCA to restore the right-of-way in the event that the planters need to be removed before going to bond for the roadway restoration.
4.Dispute Resolution
All complaints shall first go to the EBCA for resolution. If a satisfactory agreement cannot be met, then EBCA shall bring in the Urban Forestry Manager of Operations to aid in resolution. The final decision shall be made by Operations Manager of Urban Forestry.
5.Planter Disposition
The planters shall belong to the EBCA after five years of use.
The Street Use Annual permit shall be in effect for one year or until EBCA notifies SDOT that it no longer wishes to maintain the plantersor until SDOT determines that the property is needed for a different use or that the existing use does not comply with this agreement and applicable requirements. All Street Use permits are wholly of a temporary nature and vest no permanent rights, per Seattle Municipal Code (SMC) 15.04. SDOT will provide at least 30 days notice, and where feasible a longer notice period, to EBCAin the event of permit revocation. The EBCA is responsible for having the site restored to an original or better condition upon receiving such notice.
This agreement shall be for a term of one year from the effective date. At the end of this duration, the terms and conditions of the will be reevaluated by SDOT and ECBA EBCA to determine if it will be renewed or amended.
This agreement shall not be changed by verbal agreement.
Whereof the Parties have executed the Agreement by having their representatives affix their signatures below.
Seattle Department of East Ballard Community Association
Transportation Board President
By: By:
On: On:
Date: Date:
Additional Questions:
- Is it ok to have a signed maintenance agreement first and then go through the permitting process? What would be the schedule for this agreement? When does the clock start ticking, especially in reference to the requirements that need to be met yearly?
- If the language is not included in this agreement, then we would like a separate document outlining the services that SDOT is willing to provide the EBCA with regards to planter delivery, installation and traffic control during installation. What costs would be incurred by the EBCA with regards to delivery and installation?
- Part of our workplan is to bring in a gravel truck to lay gravel at the median ends for weed control. A truck would also be delivering soil for the planters. Would we need traffic control permits for these delivery trucks? If yes, is there some way to roll these needs for traffic control permits into our issuance permit and costs?
- In lieu of the EBCA installing gravel at the median ends, would SDOT be willing to provide services to “do the right thing” at the median ends to control weeds?
- What would be the timing between getting the permit and when planters could arrive. If we get the Small and Simple Grant, our schedule could be tight.
- Planters are currently stored at the Sunny Jim Site in SODO. Can we get access to the storage site next week to see what they look like and their condition?