HomeMy WebLinkAboutContract CAG-19-252
Denis Law Mayor ?
Community Services Kelly Beymer,Administrator
Nationally Accredited Agency
August 28, 2019
Tom Ostrander, Archaeologist and Osteologist
Environmental Science Associates
5309 Shilshole Avenue NW, Suite 200
Seattle, WA 98107
PERMISSION FOR RIGHT-OF-ENTRY TO CEDAR RIVER TRAIL EXTENSION, RENTON
SENIOR CENTER AND CEDAR RIVER TRAIL
Dear Mr. Ostrander:
The City of Renton Community Services Department hereby permits employees of Environmental
Science Associates (Permittee) to enter Cedar River Trail Extension, Renton Senior Center
grounds and Cedar River Trail for the purpose of digging test pits along proposed levee
construction sites as part of the Cedar River Levee Certification Project for Renton Public Works,
subject to the locations shown in Exhibit "A" and per the terms specified below.
Permittee's Representations
Purpose of Permittee's work:
• Determine the presence of cultural and/or paleontological materials to meet Cedar River
Levee certification requirements.
Permittee will perform work as follows:
• At each site indicated by a red line in Exhibit "A," except the southwest location next to
East Perimeter Road, two (2) staff will dig test pits using shovels and or hand augers.
Each pit will be approximately 1-foot in diameter and up to 5-feet deep;
• Up to three (3) test pits will be dug at Cedar River Trail Extension, two (2) at Renton Senior
Center and one (1) next to the Cedar River Trail in the southeast corner of the Renton
Memorial Stadium parking lot;
• Each test hole will immediately be backfilled with the excavated material and put back to
the sites' original conditions.
The Permittee will adhere to the following:
• Permittee members must wear identifiable, bright-colored vests;
• Permittee will not disrupt passage of Cedar River Trail users during project, and ensure
public safety;
• Permittee will minimize impacts to flora and fauna to the maximum extent possible;
• Permittee will restore surface of test pits to their original conditions immediately after data
collection.
1055 South Grady Way,Renton,WA 98057• rentonwa.gov
Conditions of Right-of-Entry
1. A copy of this Permit must be in your possession when on-site along the banks of the
Cedar River.
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 Thursday, August 29, 2019 and shall terminate
Friday, September 6,2019. 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 project on the project site (approximately two days prior), the Permittee
shall communicate with City Parks Maintenance Supervisor Dana Appel at(425)766-6202
to confirm start date.
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 maintained 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 project site.
10. Any negative physical impact to City properties will be restored and/or corrected to the
satisfaction of the Administrator of the Community Services 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 may be requested to furnish to City proof of insurance in the forms
and amounts satisfactory to City.
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
a s
1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
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.
15. 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 at all times.
16. Permittee must provide City with a report summarizing the work completed in electronic
form.
If you have any further questions, please contact Cailin Hunsaker, Parks and Trails Director, at
(425)430-6606 or e-mail chunsaker rentonwa.gov.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement for the permit
term described in Section 3.
CITY OF RENTON ENVIRONMENTAL SCIENCE ASSOCIATES
flit
K LLY BEY ER,Ad- inistrator TOM OSTRANDER, Archaeologist and
Osteologist
F/24 /1 3 -Z0- 2.0
Date Date
Approved as to Legal Form:
SHANE MOLONEY
City Atto ey
24I
Date
cc: Cailin Hunsaker, Parks and Trails Director
Steve Brown, Parks Maintenance Manager
Dana Appel, Parks Maintenance Supervisor
1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
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