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HomeMy WebLinkAboutContract CAG-1 9-092 Denis Law Mayor t"'' Community Services Kelly Beymer,Administrator Nationally Accredited Agency March 29, 2019 Dennis Doyle, Senior Superintendent Exxel Pacific 1133 Lake Washington Blvd. N., Suite 70 Renton, WA 98056 PERMISSION FOR RIGHT-OF-ENTRY TO GENE COULON MEMORIAL BEACH PARK Dear Mr. Doyle: The City of Renton Community Services Department hereby permits employees of SECO Development, Inc. (Permittee)to enter Gene Coulon Memorial Beach Park(Park)for the purpose of hauling sections of a construction crane away from the building site at Southport, subject to the areas shown in Exhibit"A" and the terms specified below. Permittee's Representations Purpose of Permittee's work in the Park: • Haul sections of the disassembled crane used to construct the office buildings at Southport to remove it from the project site. Permittee will perform work as follows: • Schedule: o Monday, April 1 (build-out, dismantle crane) — 10:O0am-2:00pm; approximately 6 truck trips at 30-minute intervals; o Tuesday, April 2(load-out tower crane)—7:00am-6:00pm; approximately 10 truck trips at 30-minute intervals; o Wednesday, April 3 (break down, dismantle crane) — 10:00am-2:00pm; approximately 6 truck trips at 30-minute intervals; • Type of equipment: Semi-truck with flat-deck trailers; o Safety: Cautionary signage will be placed in the Park parking lot to warn the public of truck traffic through the area; and to indicate the truck route; o Traffic flagger will assist truck drivers through the Park parking lot by directing park patrons to alternate lanes from the truck route; • Environmental and Restoration: After hauling, Permittee will repair or replace any damaged vegetation, and damaged parking lot areas. Permittee will adhere to the following: • Permittee will not obstruct traffic of Park users during project; • Permittee will minimize impacts to flora and fauna to the maximum extent possible; 1055 South Grady Way,Renton,WA 98057• rentonwa.gov Exxel Pacific Page 2 of 3 March 29, 2019 • Permittee will minimize impacts to asphalt drives and parking areas to the maximum extent possible, and will restore asphalt parking areas to their original conditions. Conditions of Right-of-Entry 1. A copy of this Permit must be in your possession when on-site in the Park. 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. 3. The term of this Permit shall begin April 1, 2019 and shall terminate April 4, 2019. 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 of each project day, Permittee shall communicate with Dana Appel, Parks Maintenance Supervisor, at(425)766-6202 or Bryce Goldmann, Lead Parks Maintenance Worker, at (425) 766-6201 to confirm that safety measures are adequate. 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. Overnight use of the subject properties is not allowed unless approved by the City. 8. Permittee shall notify City Park staff of any unusual or unauthorized activities noted while in the Park. 9. Any negative physical impact to Park property will be restored and/or corrected to the satisfaction of the Administrator of the Community Services Department. 10. Permittee shall in no way obstruct 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. 11. 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 may be requested to furnish to City proof of insurance in the forms and amounts satisfactory to City. On Permittee'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 Permittee liability. 12. 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, 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov Exxel Pacific Page 3 of 3 March 29, 2019 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. 13. 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. 14. Permittee must make all necessary precautions and coordinate all efforts with City Parks and Trails Division staff to insure the safety and security of the Park and its patrons at all times. If you have any further questions, please contact Cailin Hunsaker, Parks and Trails Director, at (425) 430-6606 or e-mail chunsaker(a�rentonwa.gov. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement for the permit term described in Section 3. CITY OF RENTON EXXEL PACIFIC KELLY BE ER, •dministrator DENNIS DOYLE, Kurt Sorensen Senior Superintendent Senior PM Wr//q 04/03/2019 Date Date Approved as to Legal Form: SHANE MOLONEY City Attorney /I-i Date cc: Cailin Hunsaker, Parks and Trails Director Steve Brown, Parks Maintenance Manager Dana Apperl, Parks Maintenance Supervisor Bryce Goldmann, Lead Parks Maintenance Worker • 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov 0..° _ . o e 0 jf N p X....4 � , it �* ;�a : '�D " V m O M , ,, , o ` O ., a o „,sti.\:\,1., '-'':,: ;','"i'...:„ . 0 (,) i g C/ n RF 4 .. a " k f aa) ' �t'�e. � co rn' �0 co• T _ + i E ,.„ . ,.. .n, ... .... .. , i ' ' i ' ...,„ co a fO 4 n 1+ N ,...„, ,,,,,,,,, _. I�' .. , ,, \\\ -,00 '�r` - '.. o /ties * � h cp - # N 4 4 t..., .. 0 v " ��,./ �L n•` k Os i , a CO A .. 0.- s. co cu co 0 cii Tn ` i'! ,4,44,it U 0 07 M L