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LICENSE / PERMISSION FOR FORTERRA NW TO FUND AND
PROVIDE KNOTWEED CONTROL ALONG THE CEDAR RIVER
FOR PUBLIC PROPERTY LOCATED IN RENTON
This license / permission is made on _______________, 20 between the City of Renton (City), a
Washington Municipal Corporation and FORTERRA NW (FORTERRA)
WHEREAS, FORTERRA NW is a regional sustainability organization working to keep the
Pacific Northwest special by applying a broad range of skill including land conservation, real estate
strategy, stewardship and restoration, policy and community engagement.
WHEREAS, the City of Renton has strongly supported the FORTERRA grant applications to
fund and treat invasive knotweeds and enhance riparian function on the lower Cedar River within
Renton city limits, and
WHEREAS, FORTERRA NW has obtained a grant from the WRIA 8 Cooperative Watershed
Management Program, in the amount of $ to provide expertise in stewardship and
habitat restoration; coordinate the work of the WCC or private FORTERRA crews for knotweed
treatment and native plantings (from RM 5.5 to RM 0); work with landowners to develop planting
plans for their riverfront parcels; plan and implement all planting projects; conduct site
monitoring; and collect, analyze, and report all data under this project at no cost to the City, and
NOW THEREFORE, the City of Renton gives a special license and permission (LICENSE/PERMISSION)
to FORTERRA NW to fund and treat invasive knotweed and enhance riparian function on the lower
Cedar River within Renton city limits on the following terms and conditions:
1. Scope, Term and Duration of FORTERRA Project license and permission:
A. Scope
FORTERRA will provide at no charge to the City the funding and treat invasive knotweed and
enhance riparian function on the lower Cedar River within Renton city limits pursuant to the
description in Exhibit A.
September 8th
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Term-Duration of LICENSE/PERMISSION.
, 20 to December 31, 20 1, the term of the grant.
FORTERRA is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
2. Cancellation Policy:
The CITY has the right to cancel this LICENSE / PERMISSION for any reason.
3. Record Maintenance:
FORTERRA shall maintain records generated relating to this LICENSE / PERMISSION and
retain such records for as long as may be required by applicable Washington State records
retention laws, but in any event no less than six years after the termination of this
license/permission. FORTERRA agrees to provide access to and copies of any records related
to this LICENSE / PERMISSION as required by law and/or to comply with the Washington
State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive
the expiration or termination of this license/permission.
4. Public Records Compliance:
To the full extent the CITY determines necessary to comply with the Washington State
Public Records Act, FORTERRA shall make a due diligent search of all records in its
possession or control relating to this license/permission, including, but not limited to, e-
mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings
and provide them to the CITY for production. In the event FORTERRA believes said records
need to be protected from disclosure, it may, at FORTERRA’s own expense, seek judicial
protection. FORTERRA shall indemnify, defend, and hold harmless the CITY for all costs,
including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act
request for which FORTERRA has responsive records and for which FORTERRA has withheld
records or information contained therein, or not provided them to the CITY in a timely
manner. FORRERRA shall produce for distribution any and all records responsive to the
Public Records Act request in a timely manner, unless those records are protected by court
order. The provisions of this section shall survive the expiration or termination of this
LICENSE/PERMISSION.
5. Independent Relationship:
The nature of the relationship between FORTERRA and the CITY with respect to this
LICENSE / PERMISSION during the period of this LICENSE/PERMISSION shall be that of
independent entities and parties. No FORTERRA, agent, employee, representative, or
contractor or subcontractor of FORTERRA shall be, or shall be deemed to be, the contractor,
employee, agent, representative, or subcontractor of the CITY. Neither FORTERRA nor any
contractor, employee, agent, representative, or subcontractor of FORTERRA shall be
entitled to any benefits accorded City employees by virtue of the services provided under
this LICENSE/PERMISSION. FORTERRA shall be responsible for paying all applicable taxes
including income and business taxes.
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6. Hold Harmless:
FORTERRA agrees to release, indemnify, defend, and hold harmless the CITY, elected
officials, employees, officers, representatives, and volunteers from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses,
attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons
or entities, arising from, resulting from, or related to the negligent acts, errors or omissions
of FORTERRA under this LICENSE/PERMISSION, except for that portion of the claims caused
by the CITY’s sole negligence.
Should a court of competent jurisdiction determine that this LICENSE/PERMISSION is
subject to RCW 4.24.115, (Validity of LICENSE / PERMISSION to indemnify against liability
for negligence relative to construction, alteration, improvement, etc., of structure or
improvement attached to real estate…) then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of FORTERRA and the CITY, its officers, officials, employees and
volunteers, FORTERRA ’s liability shall be only to the extent of FORTERRA ’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
LICENSE / PERMISSION constitute FORTERRA’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 / PERMISSION.
7. Discrimination Prohibited:
In its performance under this LICENSE / PERMISSION , FORTERRA shall not discriminate on
the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or
preference, age (except minimum age and retirement provisions), honorably discharged
veteran or military status, or the presence of any sensory, mental or physical handicap,
unless based upon a bona fide occupational qualification in relationship to hiring and
employment, in employment or application for employment, the administration of LICENSE
/ PERMISSION or any other benefits under this LICENSE / PERMISSION , or procurement of
materials or supplies.
8. Insurance:
A. FORTERRA shall secure and maintain:
1. Commercial General Liability insurance with minimum policy limits of
$1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this LICENSE /
PERMISSION.
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2. Professional Liability insurance with minimum policy limits of $1,000,000
for each occurrence, shall also be secured for any professional services being
provided that are excluded in the commercial general liability insurance.
3. Commercial Auto Liability insurance with minimum policy limits of
$1,000,000 combined single limit is required if a commercial vehicle will be used in
performance of work or for delivery of products, beyond normal commutes.
4. Workers’ Compensation coverage, as required by the Industrial Insurance
laws of the State of Washington.
5. Pollution Liability insurance with minimum policy limits of $1,000,000 for
each occurrence, when work under this LICENSE / PERMISSION involves a pollution
risk to the environment. Pollution coverage may be included in the general liability
policy.
6. Umbrella or Excess Liability insurance may be used to reach minimum
required coverage limits.
B. It is agreed that on the FORTERRA’s commercial general liability policy, the City of
Renton will be named as an Additional Insured on a non-contributory primary basis.
Renton’s insurance policies shall not be a source for payment of any FORTERRA liability.
C. Subject to Renton’s review and acceptance, a current certificate of insurance with
the “City of Renton” named as the certificate holder, showing the minimum proper
endorsements, shall be delivered to and accepted by Renton before executing the work of
this LICENSE / PERMISSION. An updated certificate shall be promptly provided to Renton
upon any policy expiration for the duration of the work.
d. FORTERRA shall provide Renton with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
e. The City of Renton does not represent that the minimum required insurance or
insurance limits are adequate to cover all potential claims or related claim costs.
8. Other Provisions:
A. Approval Authority. Each individual executing this LICENSE / PERMISSION on behalf of
the CITY and FORTERRA represents and warrants that such individuals are duly
authorized to execute and deliver this LICENSE / PERMISSION on behalf of the CITY or
FORTERRA.
B. Amendment and Modification. This LICENSE / PERMISSION may be amended only by an
instrument in writing, duly executed by both Parties.
C. Conflicts. Any exhibits/attachments to this LICENSE / PERMISSION are incorporated by
reference only to the extent of the purpose for which they are referenced within this
LICENSE / PERMISSION. To the extent a FORTERRA -prepared exhibit conflicts with the
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terms in the body of this LICENSE / PERMISSION or contains terms that are extraneous
to the purpose for which it is referenced, the terms in the body of this LICENSE /
PERMISSION shall prevail and the extraneous terms shall not be incorporated herein.
D. Governing Law. This LICENSE / PERMISSION shall be made in and shall be governed by
and interpreted in accordance with the laws of the State of Washington and the City of
Renton. FORTERRA and all of the FORTERRA’s employees shall perform this LICENSE /
PERMISSION in accordance with all applicable federal, state, county and city laws, codes
and ordinances.
E. Joint Drafting Effort. This LICENSE / PERMISSION shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
F. Jurisdiction and Venue. Any lawsuit or legal action brought by any Party to enforce or
interpret this LICENSE / PERMISSION or any of its terms or covenants shall be brought in
the King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or successor.
G. Severability. A court of competent jurisdiction’s determination that any provision or
part of this LICENSE / PERMISSION is illegal or unenforceable shall not cancel or
invalidate the remainder of this LICENSE / PERMISSION, which shall remain in full force
and effect.
H. Sole and Entire LICENSE / PERMISSION. This LICENSE / PERMISSION contains the entire
LICENSE / PERMISSION of the Parties and any representations or understandings,
whether oral or written, not incorporated are excluded.
I. Third-Party Beneficiaries. Nothing in this LICENSE / PERMISSION is intended to, nor shall
be construed to give any rights or benefits in this LICENSE / PERMISSION to anyone
other than the Parties, and all duties and responsibilities undertaken pursuant to this
LICENSE / PERMISSION will be for the sole and exclusive benefit of the Parties and no
one else.
J. Assigns and Successors. The Parties each bind themselves, their partners, successors,
assigns, and legal representatives to the other Party to this LICENSE / PERMISSION, and
to the partners, successors, assigns, and legal representatives of such other Party with
respect to all covenants of this LICENSE / PERMISSION.
K. Waivers. All waivers shall be in writing and signed by the waiving Party. Either Party’s
failure to enforce any provision of this LICENSE / PERMISSION shall not be a waiver and
shall not prevent either the CITY or FORTERRA from enforcing that provision or any
other provision of this LICENSE / PERMISSION in the future. Waiver of breach of any
9-8-2020
Cheryl Beyer)
Task Title Task Description (Include Activities and Deliverables)
Estimated
Percent
of Total
Budget
Month/Year
Task will be
Completed
Task 1:
Project
Admin
(Required)
Submit reimbursement request forms, backup documentation for billing,
and progress reports at least every 6 months. Submit a Fiscal Closeout
form and a Closeout Report form with the final reimbursement request.
5% December
2021
Task 2: Project planning and coordination for restoration activities: Forterra, King
County Noxious Weed Control Program (KCNWCP), and City of Renton will
meet as needed to discuss planting projects, outreach strategy, and
implementation. Forterra and KCNWCP to obtain NPDES permits, mail
approximately 350 private property access waivers, draft 3-4 or more
landowner planting project agreements, schedule and plan knotweed
control, planting projects, and volunteer events.
15% December
2021
Task 3: Targeted Outreach & Education:Forterra and KCNWCP will conduct
targeted community and landowner outreach and education about
benefits of riparian restoration and stewardship and identify high priority
habitat target areas lacking canopy cover on private property. Engage
approximately 200 streamside landowners and other interested residents
through mailings, social media, public meetings and events, volunteer
habitat restoration events, and face-to-face conversations in the field.
KCNWCP will take new partnership role in recruiting planting projects in
coordination with Forterra
10% December
2021
Task 4: Noxious Weed Control: Forterra, KCNWCP, Forterra’s WCC crew, or
contractor will survey and control knotweed along 22 river miles on public
and private property and approximately 460 acres of the Cedar River
within the 100-year floodplain. Survey and knotweed treatment on King
County owned properties will be coordinated with support from SiA
partners as needed
20% September
2021
Task 5: Riparian Planting Private Property Projects: Forterra and KCNWCP enroll
approximately 3-4 new landowners (for a total gross area of 1.5 acres) in
planting projects. Site preparation with Forterra’s WCC crew or contractor
(weed removal, erosion control); planting with WCC, contractor, or
Forterra staff; quarterly maintenance visits for weeding and watering
20% December
2021
Task 6: Riparian Restoration Volunteer Events: Forterra will recruit and host
approximately 200 volunteers for 8 events (depending on number of
volunteers) at Ron Regis Park’s River Bank Left for weed control, watering,
and planting trees. Events will provide educational opportunities through
partners Cedar River Salmon Journey Naturalists, Renton Community
Services, and KCNWCP
10% December
2021
Task 7: Survey & Data Management: Forterra and KCNWCP will monitor
community engagement and restoration activities through spatial and
relational databases for long term tracking and reporting
5% December
2021
Task 8: Monitoring & Maintenance: Forterra and KCNWCP will monitor noxious
weed sites by collecting data on status including infestation size, cover
class; gross area surveyed and control information in accordance with
existing KCNWCP definitions for these measures. Forterra will monitor
replanting sites for 90% survival in the first 3 years, and conduct quarterly
maintenance for planting sites for weed control and watering as
necessary
10% December
2021
Task 9: Reporting & Promotion: Forterra and KCNWCP will promote activities,
share progress, strategies, and results with other partner groups and
agencies; present at city council meetings and regional policy working
groups such as WRIA 8 Salmon Recovery Council, other WRIA 8 groups, and
Puget Sound Knotweed Forum
5% December
2021