HomeMy WebLinkAboutPermit CAG-12-091
ACCESS AGREEMENT
This Access Agreement ("Agreement") is made this first day of March, 2012
between the City of Renton (the "City"), a Washington municipal corporation, and The
Boeing Company ("Boeing"), a Delaware corporation. The City and Boeing shall be
referred to collectively in this Agreement as the "Parties".
1. The City owns property known as the Cedar River Trail Park (the "Park
Property"), King County Parcel No. 0723059096, and is depicted in Figure 1 attached to
this Agreement.
2. The City also owns property known as the Renton Municipal Airport (the "Airport
Property"), King County Parcel No. 0723059007, and is depicted in Figure 2 to this
Agreement. Boeing leases a portion of the Airport Property from the City under that
certain Ground and Building Lease dated May 19, 2010.
3. Boeing's Renton Plant (the "Renton Plant") is located:
• on approximately 180 acres of land that Boeing owns immediately adjacent
and to the east of the Park Property; and
• on approximately 18 acres of land on the Airport Property that Boeing leases
from the City.
The Renton Plant is depicted in Figure 3 to this Agreement. The Renton Plant is
bounded on the north by Lake Washington. The Cedar River Waterway and the Park
Property separate the eastern portion of the Renton Plant from the Airport Property.
4. Boeing has been working with the Washington State Department of Ecology
("Ecology") to address historic releases of hazardous substances at the Renton Plant.
Boeing has entered into Agreed Order No. DE 97HZ-N233 dated October 10, 1997,
with Ecology to address these releases. Under the Agreed Order, Boeing is required
to prepare and implement a Cleanup Action Plan (the "CAP") to clean up known
contamination released from the Renton Plant, perform post-cleanup soil and
groundwater monitoring, and institute other applicable institutional controls. The CAP
presents the selected final cleanup actions, the cleanup standards expected to be
achieved, and the approach and schedule for implementing the cleanup actions at 12
separate, defined solid waste management units and areas of concern ("AOCs")
located at the Renton Plant. Boeing will enter into a new Agreed Order (No. 8191)
with Ecology to implement the CAP.
5. The Parties agree that Boeing will need access to unleased portions of the
Airport Property and to portions of the Park Property to implement the CAP. The City
wishes to grant Boeing such access for the sole purpose of implementing actions
required under the CAP, as approved by Ecology, including any approved
amendments to the CAP. For purposes of this Agreement, the phrase "unleased
portions of the Airport Property" shall mean those areas of the Airport Property not
leased by Boeing.
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AGREEMENT
In consideration of the mutual covenants contained in this Agreement, the
receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1. Entire Agreement; Supersedes. This Agreement represents the complete
agreement of the Parties with respect to access to the Park and Airport Properties in
connection with Boeing's Ecology-required environmental investigation and cleanup
activities related to the Renton Plant. This Agreement supersedes any prior oral or
written agreements or understandings regarding such access including without
limitation (1) the access agreement between the Parties dated August 14, 2002, and
(2) the letter from the City to Ecology dated September 8, 2008 to the extent it may
have granted Boeing any access to City property. No change, waiver, or discharge is
valid unless in writing and signed by the Party against whom it is sought to be
enforced. .
2. License for Access. The City hereby grants to Boeing and its agents and
contractors a nonexclusive license for access to:
(a) that portion of the Park Property located within AOC 060 as defined in the CAP
for the sole purpose of installing, monitoring, and/or maintaining groundwater
monitoring wells GW-149S, GW-150S, and the three proposed groundwater
monitoring wells (GW227S, GW2281, and GW229S) as required by the CAP
and as depicted in Figure 28 of the CAP;
(b) that portion of the Park Property located within AOC 090 as defined in the CAP
for the sole purpose of installing, monitoring, and/or maintaining groundwater
monitoring wells GW-1771, GW-178S, GW-1791, GW-180S, and GW-208S as
required by the CAP and as depicted in Figure 31 of the CAP; and
(c) that unleased portion of the Airport Property located within the Former Fuel
Farm AOC as defined in the CAP for remedial action and monitoring activities
as required by the CAP including without limitation the installation, monitoring,
and/or maintenance of groundwater monitoring wells GW-102S, GW211 S, GW-
212S, GW219S, GW220S, GW222S, GW223S, AND GW224S as depicted in
Figure 15 and 16 of the CAP.
(d) portions of the Park Property or unleased portions of the Airport Property for
the sole purposes of installing, monitoring, or maintaining monitoring wells,
collecting samples, or performing remedial actions as required and approved
by Ecology. Any such additional access beyond that granted under Sections
2(a) through (c) above shall be conditioned on prior City approval.
3. Cost Reimbursement. Boeing shall bear any and all costs and expenses for
the work performed by or on behalf of Boeing on the Park and Airport Properties
associated with the implementation of the CAP. Further, Boeing shall reimburse any
and all reasonable costs and expenses actually incurred by the City (including
consultants' fees) associated with work performed on the Park Property and the
unleased portions of the Airport property, up to ten thousand dollars ($10,000) per
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calendar year, including without limitation costs associated with recording required
environmental covenants and the implementation of soil and groundwater
monitoring and other institutional controls required under the CAP. The limitation on
cost reimbursement under this Section 3 shall apply only to the extent the scope of
work required under the CAP does not materially change.
4. Compliance with Law. All activities undertaken on the Park and Airport
Properties shall be conducted in accordance with the Washington State Model Toxics
Control Act and chapter 173-340 WAC, and with all other applicable federal, state, and
local laws and regulations including without limitation health and safety requirements.
Boeing shall obtain, at its own sole expense, all necessary permits, licenses, and
approvals from governmental authorities required to perform the activities
contemplated by this Agreement and shall comply with all conditions, restrictions, and
requirements imposed by such permits, licenses, and approvals.
5. Term. The access granted in this Agreement shall commence on the Effective
Date and continue until such time as Ecology determines in writing that Boeing has
satisfactorily completed those portions of the CAP relating to AOC 060, AOC 090, and
the Former Fuel Farm AOC.
6. Scheduling. Boeing shall coordinate all activities with the City and Boeing shall
obtain the City's approval on all work schedules. The City shall not unreasonably
withhold its consent to proposed work schedules.
7. Sampling Data. Boeing is required to submit progress reports bimonthly (once
every two months) to Ecology in accordance with the terms of Agreed Order No. 8191
The progress reports will include a list of cleanup activities, deviations to required tasks
or to the CAP, schedule revisions, and all laboratory data received during the prior two-
month period. Boeing will provide an electronic copy of the bimonthly report to the City
at the same time that the report is submitted to Ecology.
8. Reasonable Precautions. Boeing agrees to take reasonable precautions to
minimize any disruption to uses of the Park and Airport Properties by the City and
minimize damage to the Park and Airport Properties resulting from the work activities,
and shall restore the surface of the Park and Airport Properties as nearly as practicable
to its condition before the commencement of such work. No materials including, but
not limited to, soil and groundwater sampling material shall be left on the Park or
Airport Properties for more than seven days after sampling has been conducted,
unless the City consents to a longer period.
9. Notices. Any notice regarding subject matter covered under this Agreement
shall be given to:
City of Renton
Attn: Peter Renner, Facilities Director
Telephone: 206.430.6605
Email: prenner@rentonwa.gov
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**✓ "+M"'
The Boeing Company
Attn: Carl Bach, Remediation Project Manager
Telephone: 206.898.0438
Email: carl.m.bach@boeing.com
10. Indemnification. As between the City and Boeing, Boeing shall be
responsible for ensuring that its employees, agents, consultants, and contractors
comply with applicable federal, state, and local laws and regulations and shall be
responsible for the health and safety of its employees, agents, consultants, and
contractors while performing activities at the Park or Airport Properties. Boeing shall
defend and indemnify and hold the City harmless from personal injury or property
damage claims to the extent that such claims arise from Boeing's or its employees',
agents', consultants', and contractors' negligence in performing the activities
contemplated by this Agreement on the Park Property or unleased portions of the
Airport Property. The City will provide prompt notice to Boeing in the event of a claim.
To the extent authorized by applicable law, the City shall indemnify Boeing from
personal injury or property damage claims to the extent such claims arise from the
City's or the City's employees', agents', consultants', contractors', or invitees'
negligence associated with activities on the Park or Airport Properties. Boeing
will provide prompt notice to the City in the event of a claim. In the event of liability
for personal injury or property damage claims caused by or resulting from concurrent
acts or omissions by Boeing and the City, each Party's liability hereunder shall be only
to the extent of such Party's or its employees', agents', consultants', and contractors'
negligence. For purposes of this indemnity, Boeing specifically and expressly waives
any immunity that it may be granted under the Washington State Industrial Insurance
Act, Title 51 RCW, except that there is no waiver of immunity by Boeing for claims by
its own employees against Boeing. The indemnity provisions contained in this
Paragraph have been expressly and mutually negotiated by the Parties.
11. Insurance. Boeing shall require its contractors performing activities on the
Park Property and unleased portions of the Airport Property to maintain the following
insurance:
a. Comprehensive General Liability ("CGL") Insurance in an amount not
less than $1,000,000 per occurrence combined single limit bodily injury
and property damage.
b. Professional errors and omission insurance for liability arising out of any
negligent act or omission related to its "professional services" with limits
of$1,000,000 per claim and $1,000,000 annual aggregate.
C. Automobile liability insurance covering all owned, hired, or
otherwise operated non-owned vehicles with a minimum combined
single limit of $1,000,000 each occurrence for bodily injury or property
damage.
d. Workers' Compensation in statutory amounts.
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Boeing shall provide documentary evidence of insurance required under this
Paragraph. The City shall be named as additional insured on the CGL and Automobile
Liability policies.
12. Reservation of Claims. By entering into this Agreement, other than for costs
paid under this Agreement by Boeing to the City under the section above entitled "Cost
Reimbursement", the Parties do not waive, and expressly reserve, all claims they may
have against each other and all other persons under federal and state law in
connection with the implementation of the CAP and in connection with hazardous
substances that may be located at, on, under, or in the vicinity of the Park and Airport
Properties or Boeing's Renton Plant.
13. No Liens. Boeing shall discharge at once or bond or otherwise secure against
all liens and attachments that are filed in connection with its activities under this
Agreement.
14. Relationship of the Parties. Nothing in this Agreement shall be deemed to
create a partnership or joint venture and/or principal and agent relationship between
the Parties. No Party or authorized representative shall have authority to act as a
general agent for the other Party or to bid for or undertake any contracts enforceable
against the other Party.
15. Binding on Successors and Assigns. This Agreement shall be binding upon
the successors and assigns of the Parties, and no Party may assign or
delegate its obligations under this Agreement without the prior written consent of the
other Party.
16. Choice of Law; Venue. This Agreement shall be interpreted and enforced
pursuant to the laws of the state of Washington. Venue for any lawsuit arising out of
this Agreement shall be in King County, Washington.
17. Amendment. This Agreement may be amended or modified only by the written
agreement of both Parties. Boeing shall inform Ecology of any modification or
amendment to this revised Agreement
18. Severability. If any part of this Agreement is for any reason found to be
unenforceable, all other portions nevertheless remain enforceable.
19. No Waiver. The waiver of any breach of any term or condition of this
Agreement does not waive any other breach of that term or condition or any other term
or condition.
20. Headings. The headings used in this Agreement have been inserted for
convenience only and shall not affect the construction of this Agreement.
21. Authority to Execute. Each person executing this Agreement represents and
warrants that he or she is fully authorized to execute this Agreement on behalf of the
Party he or she represents.
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22. Counterparts. This Agreement may be executed in two counterparts, each of
which shall be deemed to be an original and of equal force and effect.
23. Effective Date. This Agreement shall become effective as of the date of the last
signature below.
IN WITNESS WHEREOF, this Access Agreement has been executed as of the date
specified above.
By: By:
Deni Law, Mayor
City of Re//nto The Boeing Company
Date: W (� t` 2 Date: Zp l Z
Attest:
Bonnie I . Walton, City Clerk
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LEGEND
BOEING RENTON
PLANT BOUNDARY
NOTE
BASEMAP COMPILED BY DUANE HARTMAN&
ASSOCIATES INC.,DECEMBER,1994
� BSE/��i
0 400 800 Figure 3(7�
APPROXIMATE SCALE IN FEET
Renton Plant
I U G 1735 \� FORMER FUEL FARM AOC GROUP
❑ GWO83s00 GWD82S El �`\
LOCATION MAP
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PPR3'J _
® � _ • UNDERGROUND AIR SPARGING WELL
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13 J` ��� _ I 0 PP /y h GENERAL DIRECTION OF GROUNDWATER
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LL PP4z6 194 -'_.�®yam. y PP419 } GW102S ASSOCIATES,INC.,DECEMBER 1994
018.35
A h� GW2245 1 2. PUSH PROBE LOCATIONS FROM FINAL REMEDIAL
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3. PIPING LOCATIONS APPROXIMATE
PP416 } II
�4 4. 'S'DESIGNATION INDICATES WELL SCREENED
xTX ®
x-- .-X--x--X� PP412 I LESS THAN 18 FEET IN DEPTH.
PP418
FORMER FUEL FARM
PP432 I GROUNDWATER ELEVATION CONTOURS
Eg ®�
\L OCTOBER 16,2008
Boeing Renton Facility
a Renton,Washington
a BOE/NF o 30 60 By:APS Date: 02/02/12 Pro ed No. 8888
®
o` APPROXIMATE SCALE IN FEET AMEC Geomatrix r5
s o Figure A
{
FORMER FUEL FARM AOC GROUP
j LOCATION MAP
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11
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FENCE
a 1 /\YT-425 �.�' / / ♦ \ TPHJET SOIL AND GROUNDWATER SOURCE AREAS
kA� I AS I
6DENTIFIED IN THE 1999 REMEDIAL INVESTIGATION.
N �"P2 j max\,/ CONCENTRATIONS AND BOUNDARIES MAY NO LONGER
9 I �z1 BE REPRESENTATIVE OF CURRENT CONDITIONS.
♦♦«♦PP2®P 4h6 j /r�'`>' /f J /, ♦ II/ a. _`_.-- PP421 \` -" ti.,:....
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f
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/�j�J ♦
'GV)(22 j /� I/ f J� ®PPa11 NOTES
i. BASEMAP COMPILED BY DUANE HARTMAN 8
APPROXIMATE PP4 f PP.417 }
�__ ASSOCIATES,INC.,DECEMBER 1994.
LL AQG-046 Y�*♦ ' j TANK CLOSURE _- 2. PUSH-PROBE LOCATIONS FROM FINAL REMEDIAL
( MCRURE-33) ` /tft �y f J+ EXCAVATION LIMITS INVESTIGATION REPORT(WESTON,2001).
E �� / (WESTO
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z % X /- . PIPING LOCATIONS APPROXIMATE.
A
X %— %\� PPM (FO MER URE-36) � �i' 3
- ------ AOC-047 AOC-048
URE-34) (FORMER URE-35%—, [p� 4• 'S'DESIGNATION INDICATES WELL SCREENED
00
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y `-- r/- PP428
5 'I'DESIGNATION INDICATES WELL SCREENED
i� GREATER THAN 20 FEET IN DEPTH.
�_�... .__..._..—._...___._....�.---" PP432
® FORMER FUEL FARM
CLEANUP ACTION SITE MAP
M8
Boeing Renton Facility
Renton,Washington
o zo no By:APS I Date: 07/02112 1 Project No. 6888
17`L//JAI`
o; APPROXIMATE SCALE IN FEET AMEC Geomatrix Figure 16
so