HomeMy WebLinkAbout16-297 Interlocal Agreement MEMORANDUM OF AGREEMENT
Agreement No. 16-297
This Agreement is between the City of Anacortes,referred to as the City and the Washington
State Department of Natural Resources, referred to as the DNR.
The DNR is under authority of RCW Chapter 43.30 of Washington State, Department of Natural
Resources. DNR and City of Anacortes enter into this agreement under Chapter 39.34, Interlocal
Cooperation Act.
The purpose of this Agreement is to: Develop a long term plan for restoration of Fidalgo Bay and
continuing to provide public access. This includes the city owned Tommy Thompson Trail and
trestle that bisects the Fidalgo Bay Aquatic Reserve.
We agree to the provisions and statements outlines below:
1.01 Definitions:
DNR—an agency of the State of Washington
City—the City of Anacortes
SOAL—State-owned aquatic lands
Memorandum of Agreement-The DNR and the City enter into this Agreement, in good faith,
to collaborate on and/or coordinate projects, and to define institutional linkages along areas of
concern.Memorandums of Agreement are not legal contracts and do not strictly obligate the
resources of the Department or the City.
2.01 Objectives
• Create a formal cooperative agreement between DNR and the City that encourages joint
planning,public outreach, and implementation of Fidalgo Bay restoration.
• DNR and the City agree to work cooperatively to develop a specific restoration plan for
the city-owned Tommy Thompson Trail trestle and causeway and aquatic land in Fidalgo
Bay.
• DNR and the City both understand that the City is working on a very significant trail
linkage from Washington Park to Marches Point Park and Ride and that this project will
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not compete for any funds that might be available for that project and will make sure that
this project does not have a negative impact on that trail effort.
• The plan will include recommendations for potential removal or encasement of creosote
pilings and replacing the public trail infrastructure with a non-toxic and functional
replacement that seeks to avoid and minimize impacts to aquatic vegetation and fish and
wildlife habitats,restores sediment transport processes, and protects water quality. This
plan will form the basis of future grant applications and complementary partnerships with
additional organizations. Details regarding tasks for the agreement are included in
Attachment A.
2.01 Functions/Roles/Tasks.
DNR Shall:
• Work with an engineering firm to develop cost estimates for the project design phase, and
estimates for removal/encasement of current trestle and causeway and completing trail
re-construction. (As available budget permits)
• Make DNR staff with scientific and creosote removal/encasement expertise available for
the project development.
• Help coordinate meetings with partners,permitting agencies and funding sources.
The City of Anacortes Shall:
• Project lead, including future contracts to remove and rebuild the trestle.
• Coordinate public meetings, supported by DNR staff, to discuss future of trail and trestle
crossing the aquatic reserve.
• Coordinate with partners and DNR to seek funding, build support, and implement first
steps of the project.
3.01 Terms and Conditions
1) Effective Dates. The effective date of this Agreement shall begin on January 1 2016, and
end on December 31,2018 unless terminated sooner as provided herein. This agreement
will be reviewed every two years.
2) Amendments. This Agreement may be amended by mutual agreement of the parties.
Amendments shall be in writing and signed by personnel authorized to bind each of the
parties.
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3) No removal work will be started until total funds for the complete replacement of the
planned removal have been secured by the City of Anacortes.
4) Termination. Either party may terminate this Agreement by notifying the other party, at
the addresses given, of the termination and specifying the termination date. The
terminating party shall deliver the notice at least fifteen(15) days prior to the termination
date.
4.01 Project Coordinators.
(1) The Project Coordinator for the Agency is Gary Robinson, Telephone Number
360-293-1918.
(2) The Project Coordinator for the DNR is Birdie Davenport. Telephone Number
360-902-1073.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF ANACORTES
Datedr/ 2 016 By:
Laurie Gere
Title: Mayor, City of Anacortes
Address: P.O. Box 547, Anacortes, WA 98221
Phone: 360.299.1900
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated. , 2016 By:
Kristin Swenddal
Title: Aquatic Resources Division Manager
Address: PO BOX 47027 Olympia WA 98504
Phone 360.902.1100
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Attachment A
Statement of Work
The City of Anacortes and the Department of Natural Resources(DNR)agree to work cooperatively to
develop a plan for the restoration of Fidalgo Bay in the vicinity of the trestle.
Background:
The City owns a railroad right of way that includes a railroad trestle that terminates at the eastern shoreline
of Fidalgo Bay. The Tommy Thompson Trail is a popular multiple use trail that starts at the Port of
Anacortes,borders the waterfront and across Fidalgo bay, ending at Marches Point. The portion of the
trail that bisects the Bay is built on a causeway and trestle that follows a railroad right of way owned by the
city of Anacortes. The well-used trail provides a scenic view of the bay. The trestle portion of the trail is
2020'and supported by existing creosote pilings.The causeway section is on fill protected by riprap
armoring and extending 2360' across the bay. The right of way is generally 100 feet wide. The citizens of
Anacortes and surrounding communities are devoted to the trail and have personally invested funds to
repair and maintain it,and must be an integral part of any plan for replacement.The City is working to
extend the trail to the west and has existing commitments and priorities for funding trail construction.
DNR has designated 780 acres of state-owned aquatic land within Fidalgo Bay as an Aquatic Reserve. The
reserve protects herring spawning habitat,as well as surf smelt spawning habitat(an important forage fish
for salmon and other species.)The reserve also supports extensive eelgrass beds that provide juvenile
salmon habitat and is the basis for a complex estuarine ecosystem. The reserve program has sponsored
several restoration projects to restore spawning substrate to Fidalgo Bay beaches, led debris cleanup work
parties, and worked cooperatively with partners on monitoring forage fish and nearshore environments.
Native shellfish restoration is also underway near the trestle. The railroad trestle and causeway bisects the
reserve,and the elevated trail is a prominent feature at the site. The trestle also contains hazardous
materials that could be removed/isolated from the aquatic environment of the reserve. DNR has an
aquatic restoration program that works in conjunction with the aquatic reserve program on major
restoration projects such as this one, and will be involved with plan development. The Samish Tribe has
completed feasibility studies on the trestle which could help inform this project as well.
Actions proposed for the Agreement:
DNR proposes to take the lead on developing cost estimates for the design phase of the trestle removal and
replacement project, which will be an initial phase of the project.DNR is not making a financial
commitment as part of this agreement,but will undertake this step this with the understanding that the
reserve program has sufficient funding to support it. This design phase may include additional feasibility
work, such as sediment contaminant studies, creosote isolation studies,etc. The basic project concept
information can be used to initiate a public discussion about the need and opportunity to remove and
replace the creosote structure with an appropriate,non-toxic alternative. The public meeting(s)will be
hosted by the City with support from DNR and other partners. In conjunction with or following the initial
public process,discussions with potential funding sources,permitting agencies and partners will take
place.DNR will commit staff time to support these discussions.
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The initial objective of acquiring grant funds will be to complete the design and engineering phase of the
project.Additional public meetings with the designer may be considered as part of this agreement if the
project is successfully funded.
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