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Home My WebLink AboutContractPage 1 of 4 PERMISSION TO PARK/STAGING LAYDOWN AT 300 RAINIER AVE N PARKING LOT Pivetta Brother’s Construction, Inc. THIS Permission (“Permission”) is made and entered into this____________, 2023 (the “Effective Date”), by and between the City of Renton (“City”), a Washington municipal corporation, and Pivetta Brother’s Construction, Inc., (“Pivetta”) a Washington corporation. The City and Pivetta are at times collectively referred to as “Parties.” Pivetta Brother’s Construction is currently under contract CAG-22-163 with the City for the Rainier Ave S Corridor Improvements – Phase 4 Project and desires to park certain wheeled vehicles and lay down project materials at the City’s 300 Rainier Ave N parking lot. The City of Renton Public Works Division – Airport hereby gives Pivetta and its agents, employees, consultants and representatives, contractors, and subcontractors a nonexclusive permission to park certain wheeled vehicles (street sweeper, water truck, pick-ups, etc.) and to store pipes and supplies for staging in the parking lot upon the real property described as designated portions of properties known as 300 Rainier Ave N, Renton, WA 98057 (“PROPERTY/300 Rainier”), for the purpose of temporary storage, and for no other purpose, subject to the terms and conditions set forth herein. CONDITIONS ARE AS FOLLOWS: 1. Pivetta may park vehicles and equipment and store pipes and other supplies on the designated area of the parking lot as set forth in Exhibit A for staging and laydown purposes. 2. Pivetta must make all necessary precautions and coordinate all efforts with CITY STAFF to insure the safety and security of the persons and property utilizing PROPERTY/300 Rainier at all times, prior to placing the vehicles, pipes and supplies. Pivetta shall not interfere with the use of any of the Tenants at the PROPERTY/300 Rainier. 3. Pivetta shall take all reasonable precaution to protect the PROPERTY and City - owned improvements. Pivetta shall restore and/or correct any negative physical impact (including contaminates and vehicles leaking) to the PROPERTY/300 Rainier to the satisfaction of the Administrator of the Community Services Department, or their designee. 4. Pivetta shall not use, store, generate, process, transport, handle, release, or dispose of any hazardous substance, or other pollutants in or on the PROPERTY except in accordance with all applicable laws. 5. The term of this permission is effective on _______, 2023 and shall terminate April 30, 2025. CITY retains the right to terminate this PERMISSION upon 30 days’ notice to Pivetta for any reasons it desires. CAG-23-190 May 26, May 26 Page 2 of 4 6. Either party shall deliver notices required or permitted under this permission to the following locations. PIVETTA: Bill Adams Senior Project Manager 1812 Pease Avenue Sumner, WA 98390 Phone: 253-862-7890 – Cell: 206-914-2723 Bill@pivetta.com CITY: Steve Gleason, Airport Director 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7476 – Cell: 206-819-3807 sgleason@rentonwa.gov And Michelle Faltaous, Project Manager 1055 South Grady Way Renton, WA 98057 Phone 425-430-7301 – Cell: 425-757-1982 mfaltaous@rentonwa.gov 7. Pivetta must be insured for damage resulting from liability of Pivetta (including agents or employees) in the minimum amount of $1,000,000 per each occurrence. Pivetta or agent must furnish to LICENSOR/CITY proof of insurance in the forms and amounts satisfactory to City. 8. Pivetta is fully responsible for the vehicles, pipes and supplies and all security. Pivetta shall defend, indemnify, and save harmless CITY, its officers, agents, and employees from and against any and all claims (whether valid or alleged), demands, actions, suits, damages, losses, judgments, liabilities, expenses and 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 or nature arising out of, resulting from, or in connection with this Permission. Pivetta’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 LICENSOR/CITY is solely negligent. It is further specifically and expressly understood that the indemnification provided constitutes Pivetta’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this Page 3 of 4 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. 9. Nothing in this temporary permission shall be construed to grant Pivetta an easement or right by implication, prescription, or any other operation of law, or to extend the term of the permission past its expiration date as stated herein. If you have any further questions, please contact, Steve Gleason, Airport Director at sgleason@rentonwa.gov, or Michelle Faltaous, Civil Engineer at mfaltaous@rentonwa.gov. IN WITNESS WHEREOF, the parties have voluntarily entered into this agreement. CITY OF RENTON _____________________________ Pivetta Brother’s Construction, Inc. ____________________________ Martin Pastucha Administrator, Public Works Name: Title: _____________________________ Date _____________________________ Date Approved as to Legal Form: _______________________________ SHANE MOLONEY Renton City Attorney h/contracts/2022/2190/ Laydown Agreement cc: Michelle Faltaous ŝůůĚĂŵƐ ^ƌ͘WƌŽũĞĐƚDĂŶĂŐĞƌ ϱͬϭϴͬϮϬϮϯ Pivetta Brother s Conssssssssssssssssssssssssssssssssssssssssssssssssstrttttttttttttttttttttttucti ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Approved by Cheryl Beyer via 5/19/2023 email Page 4 of 4 Exhibit A Laydown/Staging Area