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HomeMy WebLinkAboutSUPS24-0043 finalFacilities Management Division Real Estate Services King County Administration Building 500 Fourth Avenue Room 830 Seattle, WA 98104 Permits 206-477-9350, RES.Permits@kingcounty.gov SPECIAL USE PERMIT Use of County Owned Property PERMIT NUMBER:SUPS24-0043 DATE: 06/17/2024 PERMITTEE: City of Renton Public Works Department c/o Joe Stowell 1055 S Grady Way Renton, WA 98057 DAY PHONE: (425) 757-7569 FAX: OTHER PHONE: PURPOSE: To allow use of East Rail Corridor PIN 3224059005 & 3124059004 for three (3) geotechnical borings to support the design of the Kennydale Lakeline Sewer improvements project LEGAL DESCRIPTION:1/4 Sec Twp Rge Account No Kroll Page Primary NW 32 24 5 3224059005 94E SE 31 24 5 3124059004 94E Yes BN FORMERLY NP R/W OVER SE 1/4 OF STR 31-24-05 LESS POR WLY OF LN BAAP ON N LN SD SUBD 35 FT W FR C/L SD R/W TH SWLY TAP 45 FT W -AT R/A'S FR SD C/L & 25 FT S FR SD N LN TH W 5 FT & LESS POR PER SURV REC #9901299008 LESS POR PER SURV REC NO 9904129002 & LESS PER REC # 20001218000913 (SEE RENTON SP# LUA-10-038-SHPL REC# 20101229900002) LESS POR GL 3 SD STR DAF -BEG SE 1/4 COR SD SEC 31 TH N 1-48-16 E 2455.27 FT TH N 88-11-44 W 41.34 FT BNG C/L LK WASH BLVD TH S 20-04-48 W ALG SD C/L 405.39 TH ALG CRV TO R RAD 1602.25 FT ARC DIST 217.53 FT TH N 59-28-15 W 63.79FT TAP 20FT AS MEAS RADIALLY FROM BN R/R MAINTRACK C/L TH SLY PLT SD C/L ALG CRV TO R RAD 1552.2 FT ARC DIST 25.02 FT TH N 59-28-15 W 119.27 FT TH N 25-57-59 E 25.11 FT TH S 59-28-15 E 120.53 FT TO POB Legal Description: EXPIRATION: This permit shall not be valid for more than Month and expires on the 1st day of October, 2024. Administrative Fee (New or Renewal)$500.00 Bond/Insurance Amount $1,000,000.00 PERMITTEE MUST NOTIFY PARKSPROPERTY@KINGCOUNTY.GOV DNRP - PARKS AT: (206) 477-9770 AT LEAST 72 HOURS PRIOR TO PERFORMING ANY WORK AND IMMEDIATELY UPON COMPLETION Issued By:Phone:Maihoa Pham (206) 477-0325 By this permit King County authorizes the use of the above described property: Custodial Approval:Date: Real Estate Services Approval:Date: Printed On: 6/17/2024AAF-RES-0003 Page 1 of 9 7/1/2024 The Permittee agrees to comply with the terms and conditions contained herein. SEE REVERSE SIDE FOR TERMS AND CONDITONS. Signature of Permittee:Date: NOTE: Permit not valid without all necessary signatures and expiration date. King County Code 14.30 Printed On: 6/17/2024AAF-RES-0003 Page 2 of 9 6/20/2024 01. PERMIT REVOCATION - This Permit is revocable at any time by King County. The right to revoke is expressly reserved to King County. 02. INDEMNITY AND HOLD HARMLESS - The Permittee agrees to indemnify and hold harmless King County as provided herein to the maximum extent possible under law. Accordingly, the Permittee agrees for itself, its successors and assigns to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments including costs of defense thereof for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to Permittee's exercise of rights and privileges granted by this Permit. The Permittee's obligation under this section shall include a) Indemnification for such claims whether or not they arise from the sole negligence of either the County or the Permittee, the concurrent negligence of both parties, or the negligence of one or more third parties. b) The duty to promptly accept tender of defense and provide defense to the County at the Permittee's own expense. c) Indemnification of claims made by the Permittee's own employees or agents. d) Waiver of the Permittee's immunity under the industrial insurance provisions of Title 51 RCW, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from the Permittee. In the event it is determined that RCW 4.24.115 applies to this agreement, the Permittee agrees to defend, hold harmless, and indemnify King County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of King County to the full extent of Permittee's negligence. Permittee agrees to defend, indemnify, and hold harmless the County for claims by Permittee's employees and agrees to waiver of its immunity under Title 51 RCW, which waiver has been mutually negotiated by the parties. 03. ANTI-DISCRIMINATION - In all hiring or employment made possible or resulting from this Permit, there shall be no discrimination against any employee or applicant for employment because of race, color, ancestry, religion, national origin, age, sex, sexual orientation, marital status, or the presence of any sensory, mental or physical handicap in an otherwise qualified handicapped person unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Permit on the grounds of race, color, ancestry, religion, national origin, age (except minimum age and retirement provisions), sex, sexual orientation, marital status, parental status, the presence of any sensory, mental or physical handicap, or the use of a trained guide-dog by a blind or deaf person. Any violation of this provision shall be considered a violation of a material provision of this Permit and shall be grounds for cancellation, termination or suspension in whole or in part of the Permit by the County, and may result in ineligibility for further County permits. 04. NON-EXCLUSIVE RIGHT - This Permit shall not be deemed or construed to be an exclusive right. It does not prohibit the County from granting any other permits to other public or private entities, nor shall it prevent the County from using any public place for any and all public use or affect its jurisdiction over any part of them. 05. ASSESSMENTS - Permittee shall be required to pay any general or special assessments incurred by King County which are directly attributable to or arising from any actions, occupancy, or usage authorized herein. 06. TERMINATION - The Permittee may terminate the Permit by written notice to the Manager of Real Estate Services Section. Upon revocation, termination, or abandonment, the Permittee shall remove at his expense all facilities placed on said property by the Permittee, and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities, or to a condition which is satisfactory to the County. If the Permittee has not accomplished removal and restoration at the end of a ninety-day period following the effective date of revocation, termination, expiration, or abandonment, the County may accomplish all of the necessary work and charge all of the costs to the Permittee. 07. RESTORATION - After completion of work authorized by this Permit, the Permittee shall restore the property to a condition which is equivalent in all respects to the condition of the property prior to starting work, or a condition satisfactory to King County. If the Permittee delays the restoration beyond expiration of the Permit, the County may accomplish all the necessary work and charge all the costs to the Permittee. 08. REPAIRING DAMAGE BY PERMITTEE - In the event that damage of any kind is caused by the Permittee in the course of performing work authorized by this Permit, Permittee will repair said damage at its sole cost and expense. Repair work shall begin without delay and continue without interruption until completed. If damage is extensive, the time allowed for repair will be prescribed by the County agent. If the County determines it is necessary, the County may accomplish the work and charge all the costs to the Permittee. 09. ABATEMENT OF UNSAFE CONDITIONS - The County representative may at any time, do, order, or have done all work considered necessary to restore to a safe condition any area described in Permit left by the Permittee in a condition dangerous to life or property. The Permittee shall pay, upon demand, to the County all costs of such work, materials, etc. Nothing in this section shall relieve the Permittee of duties under Terms and Conditions No. 2 above. Printed On: 6/17/2024 AAF-RES-0003 Page 3 of 9 10. RIGHTS RESERVED TO COUNTY - CONFORMANCE AND PAYMENT OF COST REQUIRED - The County reserves the right to use, occupy, and enjoy its property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving repairing or altering the property. The Permittee, upon written notice, will at its own cost and expense remove, repair, relocate, change or reconstruct its installations to conform with the plans of work contemplated or ordered by the County according to a time schedule contained in the written notice. 11. NOTICE - Permittee agrees to obtain information from other utility operators regarding the location and current status of their installations before starting work. Property owners adjoining, or in proximity to, the project as described herein shall be notified by Permittee when such property is exposed to the possibility of injury or damage through performance of work on the project authorized by this Permit. Permittee shall make all advance arrangements necessary to protect such property or utility from injury or damage. 12. OTHER APPLICABLE LAWS - Issuance of this Permit does not in any way relieve the Permittee from complying with any other applicable laws in performing the work subject to this Permit. 13. RE-ENTRY - After completion of work authorized by this Permit, if the Permittee desires to re-enter upon the property described herein for any reconstruction, notice shall be provided in advance to King County together with the plans and specifications for the work proposed, and shall not be permitted without the County's consent. 14. TITLE - This Permit grants only the right to use King County's interest in the herein described property, and the granting of this Permit is not a warranty that good title to any specific property is vested in King County. 15. SPECIAL TERMS AND CONDITIONS: PROJECT SCOPE: All work on King County Parks Parcels 3224059005 and 3124059004 (Eastrail Trail Corridor) will be limited to three (3) geotechnical borings to support the preparation and design of City of Renton Kennydale Lakeline Sewer Improvements. Refer to maps and plans submitted with SUPS24-0043 permit application on 5/2/2024 and revised plans sent on 5/30/2024. This SUP is limited to geotechnical boring and does not include project construction. a. STAKEHOLDER COORDINATION: Permittee will notify and coordinate with all affected property owners as well as other easement holders including but not limited to Puget Sound Energy, King County Wastewater Treatment Division and Sound Transit. b. OTHER APPROVALS: Approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. It is the Permittee s sole responsibility to determine what regulatory requirements apply and to comply with those requirements, including obtaining any approvals, permits, etc. required from any city, county, state, federal or tribal agencies. Copies of all approvals, permits, etc. shall be provided to parksproperty@kingcounty.gov prior to starting any construction approved under this SUP. The Permittee shall notify King County Parks in advance of any preapplication, permit and preconstruction meetings with any permitting agencies. c. RESPONSIBILITIES: King County assumes no responsibility for the construction, management, operation, maintenance and/or repair done by Permittee unless otherwise specified in this SUP. d. NON-TRANSFERABLE PERMIT: SUPs are personal to the Permittee and may not be assigned, conveyed or otherwise transferred. Successors and assigns to a Permittee are required to obtain a new SUP. e. SAFETY: If at any time the Permittee s authorized use, improvement, alteration or construction on the site creates a condition which could pose a danger to park users the Permittee shall promptly post temporary signage and install Parks-approved barricades or fencing. f. RIGHT TO INSPECT: SUPs are granted on public property owned or otherwise managed by King County. King County and King County Parks have the right to access any premises associated with an active application or SUP during reasonable hours to perform on-site review and to ensure ongoing compliance with the terms and scope of the SUP. If entry is refused, King County shall have recourse to every remedy provided by law to secure entry and may revoke the SUP. g. EMERGENCIES: In the event of an emergency 1. The Permittee shall notify 911 then King County emergency hotline at 206-296-8100 and parksproperty@kingcounty.gov 2. Parks will notify the Permittee upon discovery of an emergency to allow the Permittee and its contractor, if any, the opportunity to respond and address the issue. Parks reserves the right to recover any costs associated with addressing the emergency or the failure of the Permittee to respond in a timely manner. h. UNFORESEEN CIRCUMSTANCES: The Parks Division reserves the right to set additional terms and conditions as warranted by future unforeseen circumstances. i. PROJECT COORDINATION: Please see list of King County staff to be contacted related to this scope of work. After Hours Parks Emergency 206-477-8100 Bruce Benson, PPM II Capital Planning Section 206-423-3368 bruce.benson@kingcounty.gov or Kim Claussen, PPM IV Capital Planning Section 206-477-0329 kimberly.claussen@kingcounty.gov j. Printed On: 6/17/2024 AAF-RES-0003 Page 4 of 9 CULTURAL RESOURCES: The Permittee shall retain a qualified, County-approved, professional archaeologist to monitor the project geotechnical investigations. The professional archaeologist selected to complete archaeological monitoring will notify the King County Historic Preservation Program's (HPP) Archaeologists, Philippe LeTourneau at 206-477-4529 or philippe.letourneau@kingcounty.gov and Alicia Valentino at 206-477-7209 or avalentino@kingcounty.gov, in order to determine the vertical and horizontal extent of needed monitoring as they develop their monitoring plan. The provisions of the King County Parks inadvertent discovery plan (IDP) will be incorporated into the project specific monitoring plan prepared by the professional archaeologist selected to complete archaeological monitoring. Prior to construction, the Permittee will submit a copy of the plan to HPP. The selected cultural resources professional shall inform HPP about the drilling schedule, as well as notify the Affected Indian Tribes of their field schedule so that the Tribes can send staff to observe any fieldwork. Upon completion of construction, the professional archaeologist shall complete a monitoring report that meets the Washington Department of Archaeology and Historic Preservation's reporting standards. The professional will create a new project in WISAARD (as needed), upload the report, and add the King County Historic Preservation Program (not DNRP or Parks) as an Organization and Phil LeTourneau and Alicia Valentino as individuals (KC HPO affiliations) with Editor access. The monitoring report shall include1) a USGS topographic map and an aerial photograph showing all monitored investigation locations and 2) detailed stratigraphic information for the monitored area. The Permittee will be required to comply with any recommendations made by the HPP Archaeologists resulting from the professional s work. Additional investigations could be required to comply with state laws and regulations related to cultural resources if significant cultural resources are identified during monitoring. k. CHANGES TO PROPOSED WORK: Work authorized under this Permit shall be in accordance with the permitted plans. Any modifications or deviations from the permitted plans shall be submitted to Parks for review and comment and/or acceptance. Unless otherwise agreed upon a three-week review period should be assumed for Parks review. l. ROADWAY ACCESS: The trail, roadway/driveway shall remain open for the duration of the project. Any impacts to the roadway or trail shall be clearly delineated to allow for safe passage of pedestrians and vehicles through the work zone. m. SURVEY REQUIREMENTS: The Permittee or its Contractor shall be responsible for establishing survey control and for setting and maintaining all survey markers necessary for construction of the permitted work. Survey work shall be performed by a Professional Land Surveyor licensed to perform such work in the State of Washington and shall conform to standard practices and principles of land surveying as set forth in the laws of the State of Washington. n. PROPERTY STAKING: The Permittee or its Contractor is responsible for surveying and staking all property corners, easements, and encumbrances adjacent to the proposed work zone and all other proposed improvements. The staking shall be completed in advance of the Preconstruction Conference and shall remain in place for the duration of the work. If removed or altered, stakes shall be re-set in the correct location. o. WORK AREA DELINEATION AND STAGING: All equipment, materials, bore pits, and work areas within King County Parks property shall be clearly delineated, secured, and blocked off from public access for the duration of the proposed work. p. STOCKPILE AND STAGING: Stockpile and staging areas shall not be located within critical areas or their buffers. Staging of materials and/or equipment is not permissible on King County Parks property except where authorized in a Parks accepted Work Area and Staging Plan. q. DISPOSAL OF WASTE: 1. The Permittee shall not dump or dispose of construction debris or surplus material on Parks Property at any time. All waste from construction, operation, maintenance or repair activities shall be disposed of in accordance with all applicable laws and requirements. 2. In the event that the Permittee or its contractor has spilled, dropped, dumped, tracked or otherwise deposited any matter upon Parks Property, the Permittee shall clean and remove the material using suitable methods to the satisfaction of Parks. If the Permittee fails to resolve the issue, Parks shall have the location cleaned and charged to the person or persons responsible. Alternatively, Parks may issue a stop work order and/or revoke the SUP. r. TEMPORARY EROSION AND SEDIMENT CONTROL (TESC): The Permitee or its Contractor shall construct, maintain, replace, and upgrade TESC facilities in accordance with a prepared and accepted TESC Plan until all construction is accepted. The TESC facilities shown in the approved plans are the minimum requirements for anticipated site conditions. During the construction period, these TESC facilities shall be upgraded as needed for unexpected storm events. s. UTILITY LOCATE: A one-call utility locate AND private utility locate is required before any excavation on KC Parks property. The request for a one-call locate shall be made a minimum of two business days before excavation. The Contractor shall record the one-call ticket number and shall make available to King County Park s staff upon request. t. TRAIL REPAIR: Any damages to King County s Regional Trail facilities shall be restored to like conditions or better and in accordance with King County s standard Trail Repair Detail. The final elevation shall match elevation and slope of adjacent surface with no discernible rise or dip. See attached Trail Pavement Spot Repair. u. TRAIL IMPACTS COMMUNICATION: Please provide a brief project description a minimum of (14) days prior to commencement of work. Project description should include scope, location, impacts to the trail and dates, times, and durations of the impacts, and any other relevant information. v. Printed On: 6/17/2024 AAF-RES-0003 Page 5 of 9 NOTICE OF CONSTRUCTION ACTIVITY: The permittee shall provide to King County Parks oral and written notice a minimum of 72 hours prior to implementation of the work permitted in this SUP. A King County Parks Representative may elect to be on-site for the duration of the project work for construction inspection. See notice provisions. w. NOTICE PROVISIONS: 1. NOTICE PROVISIONS: All notice shall be delivered by phone at 206-477-9770 and by email at parksproperty@kingcounty.gov. 2. NOTICE OF CONSTRUCTION ACTIVITY: The permittee shall provide to King County Parks oral and written notice a minimum of 72 hours prior to implementation of the work permitted in this SUP. A King County Parks Representative may elect to be on-site for the duration of the project work for construction inspection. x. TRAFFIC CONTROL OR DETOUR PLANS: The Permittee and its Contractor shall be responsible for ensuring that the public has uninterrupted use and access to public park facilities. Work shall be performed in such a way that minimizes impacts to trail users to the maximum extent feasible. If trail impacts are deemed necessary, contact King County Parks for allowable trail impacts. In such a cases, acceptance of a Final Traffic Control Plan or Detour Plan is required before work may begin. Please find attached the Temporary Trail Traffic Control Plans as guidance. y. PRECONSTRUCTION CONFERENCE: A preconstruction conference is required and shall be held a minimum of two working days prior to the planned construction. Permittee shall verify that all required materials have been submitted and accepted by King County Parks and that the activities below have been completed prior to requesting a preconstruction conference. A minimum of seven (7) days notice is required to schedule the preconstruction conference. See Notice Provisions (Condition X). a. PRECONSTRUCTION SUBMITTALS: The submittals listed below shall be provided to King County Parks for review and acceptance. Submittal materials shall be made available to the Parks Division with adequate time to review and accept them in advance of the preconstruction conference. Work shall not commence without the written acceptance from King County Parks. Submittal requirements are outlined in the Submittals section of this Permit below. i. Work Area and Staging Plan ii. Traffic Control Plan or Detour Plan iii. Temporary Erosion and Sedimentation Control (TESC) Plan iv. Preconstruction Photos: The applicant shall photo document existing conditions on King County Parks property facilities within and adjacent to the work area and construction access. Documentation shall include features which may be damaged or impacted during construction including but not limited to pavement, fences, drainage features, vegetation, signage, and retaining walls. Photos should be submitted in digital form and shall include the date the photographs were taken. v. Emergency contacts for City of Renton and contractor. Three (3) including name, phone number and email address. b. UTILITY LOCATES i. Request One-Call Utility Locates ii. Request Private Utility Locates c. SITE PREPARATION (see Work Area Requirement condition for details) i. Survey and stake property boundaries, easements, and encumbrances ii. Secure work area per accepted Work Area and Staging Plan iii. Establish TESC measures per accepted TESC Plan iv. Stake or otherwise mark proposed utility alignment v. Implement Traffic Control per accepted TCP z. SUBSTANTIAL COMPLETION INSPECTION MEETING: The Permittee shall coordinate, schedule, and attend a substantial completion inspection meeting with King County Parks prior to completion of the work permitted in this SUP in order to allow for King County Parks final inspection. If the County determines that any remaining items need to be completed or repaired, the County will prepare a punch list defining those items and a schedule for completion. If the County determines that all work is complete and acceptable at the substantial completion inspection meeting, the County may issue written final acceptance following the inspection and completion of any remaining items of work. za. FINAL INSPECTION: The Permittee shall coordinate, schedule, and attend a Final Inspection meeting with King County Parks at the proposed completion of the work authorized in this Permit. If the County determines that all work is complete and acceptable the County may authorize Final Acceptance. If the County determines that any remaining items need to be completed or repaired, the County will prepare a punch list defining those items and a schedule for completion. The Permittee shall complete all items identified within the identified schedule and shall provide documentation to the County of their completion. King County may, at its discretion, require further Final Inspection meetings to verify the satisfactory completion of identified punch list items before issuing Final Acceptance. zb. AS-BUILT RECORD DRAWINGS: Following completion of the project work associated with this Special Use Permit, the Permittee shall provide to King County Parks the final as-built record drawings of the installed improvements included in the Special Use Permit in both .pdf and .mxd (ArcMap GIS file) or .dwg (AutoCAD drawing file). zc. GEOTECHINCAL RECORDS: Records from any geotechnical data collected on King County Parks property shall be provided to King County Parks. zd. Printed On: 6/17/2024 AAF-RES-0003 Page 6 of 9 POSTCONSTRUCTION PHOTOS: Following the completion of construction and restoration, the applicant shall photo document conditions on King County Parks property facilities within and adjacent to the work area and construction access. Documentation shall include site features documented in preconstruction photos and/or relevant site features present before construction or features which documents the finished work including but not limited to pavement, fences, drainage features, vegetation, signage, and retaining walls. Photos should be submitted in digital form and shall include the date the photographs were taken. ze. RESTORATION WARRANTY: A 12-month warranty is required for all restored areas to ensure work product is free from any defects in equipment, material, design, or workmanship performed by the Permittee and its Contractors. zf. OPERATION & MAINTENANCE AGREEMENT: Another SUP will be needed for construction. The future project will require a Longterm Operation & Maintenance agreement for the utilities within the Eastrail corridor.? zg. RAILBANKING: The Permittee understands, acknowledges, and agrees that the corridor that is the subject of this Permit is part of an interstate freight rail corridor that has been "railbanked" subject to interim trail use under the National Trails System Act, also known as the Rails-to-Trails Act (16 U.S.C. §1247(d) and 49 C.F.R. §1152.29). As a result of the corridor s railbanked status, interstate freight rail service may be reactivated over this corridor, which in turn may result in the demolition, destruction, removal, or relocation of any improvements that the Permittee may make to the corridor. The Permittee understands, acknowledges, and agrees that Permittee shall bear all risk of loss of any and all improvements that Permittee may make to the corridor, and that if interstate freight rail service is reactivated, then this Permit shall expire and the Permittee may be required to demolish, remove, or relocate Permittee s improvements at Permittee s sole cost and expense, or to negotiate with the person or entity that reactivates rail service to arrange for the Permittee s continued use of the corridor. zh. King County reserves the right to revoke or suspend this permit at any time. zi. King County reserves the right to set additional terms as unforeseen conditions may warrant. zj. Printed On: 6/17/2024 AAF-RES-0003 Page 7 of 9 16. INSURANCE: 1. Minimum Scope and Limits of Insurance - Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: General Liability: Insurance Services Office form number CG 0001 (Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY. The permittee shall maintain limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. AUTOMOBILE LIABILITY: Insurance Services Office form number (CA 00 01 Ed. 12-90 or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto", or the combination of symbols 2, 8 and 9. Limits shall be no less than $1,000,000. Combined Single Limit Bodily Injury and Property Damage. WORKERS COMPENSATION: Workers Compensation coverage, as required by the Industrial Insurance Act of the State of Washington; EMPLOYERS LIABILITY or "Stop-Gap": The protection by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop-Gap" endorsement to the General Liability policy. Limits shall be no less than $1,000,000. 2. Deductibles and Self-Insured Retentions - The deductible and/or self-insured retention of the policies shall not limit or apply to the permittee's liability to the County and shall be the sole responsibility of the permittee. 3. Other Insurance Provisions - The insurance policies required in this permit are to contain, or be endorsed to contain the following provisions a. All Liability policies except Workers Compensation: 1. The County, its officers, officials, employees and agents are to be covered as insured as respects liability arising out of activities performed by or on behalf of the permittee in connection with this permit. 2. Insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees or agents should not contribute with the permittee's insurance or benefit the permittee in any way. 3. The permittee's insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. b. All Policies: Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits prior to the expiration date of this special use permit, unless forty-five (45) days prior notice, return receipt requested, has been given to the County. 4. Acceptability of Insurers - Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. 5. Verification of Coverage - The permittee shall furnish the King County Real Property Division with certificates of insurance and endorsements required by this permit. The County reserves the right to require complete, certified copies of all required insurance policies at any time. 6. Municipal or State Agency Provision - If the Permittee is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. Printed On: 6/17/2024 AAF-RES-0003 Page 8 of 9 7. Insurance - By the date of issuance of this permit, the permittee shall procure and maintain, for the duration of this permit, insurance or coverage against claims for injuries to persons or damages to property which may arise from and in connection with the rights and privileges granted by this permit and/or the performance of work hereunder by the permittee, his agents, representatives, employees and/or subcontractors. By requiring such minimum insurance coverage, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. For All Coverage's: The cost of such insurance shall be paid by the permittee. Each insurance policy shall be written on an "Occurrence Form." Printed On: 6/17/2024 AAF-RES-0003 Page 9 of 9