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HomeMy WebLinkAboutPermitDecember 7, 2023 John Gardin, Vacuum Division Manager Applied Professional Services (425) 864-5547-cell (425) 888-2590-office 43530 SE North Bend Way North Bend, WA 98045 PERMISSION FOR RIGHT-OF-ENTRY TO CEDAR RIVER TRAIL VIA RENTON SCHOOL DISTRICT PARKING LOT Mr. Gardin: The City of Renton Parks and Recreation Department hereby permits employees of Applied Professional Services, (Permittee) to enter the Cedar River Trail for the purpose of potholing the Puget Sound Energy gas main at 3 locations to obtain depth and location data to be used for the design involved with the Cedar River Levee Improvement project managed by the City of Renton Public Works Department. Permittee’s Representations Purpose of Permittee’s work: Potholing the Puget Sound Energy gas main at 3 locations to obtain depth and location data to be used for the design involved with the Cedar River Levee Improvement project. Permittee will perform work as follows: Secure the area around the work site with cautionary signage; Permittee is responsible to obtain all required permits and other reports and documentation necessary or required for the project. Permittee will adhere to the following: Permittee members must wear identifiable, bright-colored vests; Permittee will minimize impacts to flora and fauna to the maximum extent possible, and will replace any damaged vegetation that results from this project; Permittee will restore any damage of the Cedar River Trail to its original condition. Conditions of Right-of-Entry 1. A copy of this Permit must be in your possession when on-site at the job location. 2. It is understood and agreed by the Permittee that the performance of any work under this Permit shall constitute an acceptance of all provisions and an agreement to adhere to all of Permittee’s Representations stated above. PAG-24-002 ROE Cedar River Trail Extension, The Boeing Company Page 2 of 3 December 8, 2023 3. The term of this Permit shall begin Monday, December 18, 2023, and shall terminate at midnight on Friday, December 22, 2023. The City retains the right to terminate this Permit at any time it sees fit, and for any reasons it desires. 4. Prior to start and to confirm start date, Permittee shall communicate no less than two (2) days prior with Dana Appel, Parks Maintenance Supervisor, at (425) 766-6202 or Steve Brown, Parks Maintenance Manager, at (425) 766-6190. 5. At no time shall Permittee 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 public roads. 8. Overnight use of the subject properties is not allowed unless approved by the City. 9. Permittee shall notify City Park staff of any unusual or unauthorized activities noted while on the Trail. 10. Any negative physical impact to City properties will be restored and/or corrected to the satisfaction of the Administrator of the Parks and Recreation Department. 11. Permittee shall in no way obstruct or impede access to the subject properties. In addition, Permittee shall take action to ensure that all work in relation to this Permit is conducted in a safe and prudent manner. 12. Permittee must be insured for damage resulting from liability of Permittee or any of Permittee’s agents or employees with General Liability insurance with minimum policy limits of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. Permittee shall be required to furnish to City proof of insurance in the forms and amounts satisfactory to City upon the City’s request. 13. Permittee shall defend, indemnify, and save harmless the City, its officers, agents, and employees from and against any and all claims (whether valid or alleged), demands, actions, suits, damages, losses, judgments, liabilities, environmental response or remediation costs, expenses and other costs, including but not limited to, court costs and reasonable attorney’s fees incurred by City on account of any such claims, demands, or liabilities, and from loss of any kind or nature arising out of, resulting from, or in connection with this Permit. Permittee’s obligation shall apply whether or not there is concurrent, active, or passive negligence on the part of the City, its agents, officers, or employees, except where the City is solely negligent. It is further specifically and expressly understood that the indemnification provided constitutes Permittee’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely 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 Permittee 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. ROE Cedar River Trail Extension, The Boeing Company Page 3 of 3 December 8, 2023 15. Permittee must make all necessary precautions and coordinate all efforts with City Parks and Trails Division staff to ensure the safety and security of the park at all times. If you have any further questions, please contact Cailín Hunsaker, Parks and Trails Director, at (425) 430-6606 or e-mail chunsaker@rentonwa.gov or Steve Brown, Parks Maintenance Manager at (425) 430-6618 or e-mail sbrown@rentonwa.gov. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement for the permit term described in Section 3. CITY OF RENTON _____________________________ APPLIED PROFESSIONAL SERVICES ____________________________ MARYJANE VAN CLEAVE JOHN GARDIN, Vacuum Division Manager Interim Administrator Parks and Recreation Department _____________________________ Date _____________________________ Date Approved as to Legal Form: _______________________________ SHANE MOLONEY City Attorney clb 9-22-23 2798 cc: Cailín Hunsaker, Parks and Trails Director Steve Brown, Parks Maintenance Manager Dana Appel, Parks Maintenance Supervisor 12/13/2023 John Gardin Approved by Cheryl Beyer via email 12/14/2023