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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. 1 2049 001 hk141701 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 2 2049 001 hk141701 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 3 2049 001 hk141701 **✓ "+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. 4 2049 001 8141701 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. 5 2049 001 hk141701 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 . 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G 155'812265 \ AG 084$ ®PP063 ❑ .d� `l}'y ,.. '9 (FORMER URE-73) ® ® ❑ P-7 PP— G 172. 1 �52S 7.56 17.65 \ ,a 1 - {ts, .-. ®w006 (DP t 72 (FORMER - FORMER URE66) BUILDING 508 7 ED P-05 BUILDING 5-09 = 7.75 1 --T PPP0062.. 'I� O �o-- �.88FACILITY MAP 1$ \, BOEING RENTON h _BOEING LEASE _ eyF' PCL cw.8Bs cwz25� 1�s YN�sHEEr TTF LEGEND 1` 17.934 PILE P� WALL ,o v� GW101S$ MONITORING WELL LOCATION I GW221S0 g0 GW222S 'B'le 1772 GROUNDWATER ELEVATION(NGVD-FEET) BUILDING 5-02J pp430� \• l 1 �0.o \ PP042® PUSH PROBE LOCATION / l AS-204 PPR3'J _ ® � _ • UNDERGROUND AIR SPARGING WELL x IGN/2118 I PP421® 6 '-.. " BV112 m UNDERGROUND BIOVENTING WELL _X�-x 17.77 I ,'{ s-21 ® / ---- UNDERGROUND BIOVENTING LINE ®PP42� 1 ns p �,.,O1�w.� �_� � NON-BOEING PP92 L� GW223S0 BUILDING } ---- UNDERGROUND AIR SPARGING LINE PW 206 A F PP423 PPROXIMMLEASE `.- VP303 i A,B I &z \-F ' FENCE A eouNOARv /J�Ih s As210 A tz\® GROUNDWATER ELEVATION CONTOUR / 1 GW101S �( ;�- 1 1 woo 18.0— (CONTOUR INTERVAL:0.25 FOOT) P 4 ��..l 13 J` ��� _ I 0 PP­ /y h GENERAL DIRECTION OF GROUNDWATER 4 NON-BOEING A 20 / FOF0NTER / �`t'= \ -�I FLOW '¢ HANGER (-(pp 06 / ,l/ ns4t3 PPo2z + w vim PI414 -1.PPd06 GW22 .0 PP420// AS-2Nf ll/ ®PPQDi/10 O \+ x I' A5214 / / 0r.11W2195 \ ff -Pp425A­ PP408 FUEL / �F Ocwzlzs� sz01 A / 01 \ NOTES \ as z \ 17.86 I 1 AN8 m PP �' BVtttj _'� mPP421 evt0t BASEMAP COMPILED BY DUANE HARTM LL PP4z6 194 -'_.�®yam. y PP419 } GW102S ASSOCIATES,INC.,DECEMBER 1994 018.35 A h� GW2245 1 2. PUSH PROBE LOCATIONS FROM FINAL REMEDIAL ��. X I PP40 'Aszo� P417 FARM } ®p411 1 INVESTIGATION REPORT(WESTON,2001a) 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 41101- \ �+ 11 CONDITIONAL POC ` PPd77 EET PI LL ��'� ✓} SH LE WA ` I GW f84S 1GW183S l .,. C_WV225T� 7 � � ` PPO79 G \ + PP078GW2 2, i a� BUILDING 5-02 t ( PP433� a S P!?431'+. 'po BUILDING 1 BOEING RENTON !1 o l5 FACILITY MAP PP429 Ta' GASaINEiANk c"ouNo LEGEND _ � i PP210® {� + GVU223S GVJ772S eM`YY�_ SHALLOW MONITORING WELL S(' INTERMEDIATE MONITORING WELL PP423 �, APPROXIMATE LEASE BOUNDARY � + 'W22'ai. �1 PP211 ED�, S GW101S$ MONITORING WELL LOCATION a1J� PP212 PP407 PP420® PUSH-PROBE LOCATION ® W 101S (D/, ✓I 12 AS-A)4 t EXISTING UNDERGROUND AIR SPARGING WELL PP413 I ♦ 218 -"`"'— ♦ ® 'r BVI'?i EXISTING UNDERGROUND BIOVENTING WELL t E o ............I r = t♦ PP402j –--- ' P4�0 ♦ j P216 /j PP42 O UNDERGROUND BIOVENTING LINE ® 4✓1c%. PP199 IBJ♦ f J HANGER I PP414 UNDERGROUND AIR SPARGING LINE 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.,:.... ® I J J 1 / CONDITIONAL POINT OF COMPLIANCE f $ I ! ®426,� +� ♦�►♦ f / �f �� P419 /} GW1OZ6y HIGHLIGHTED WELLS INCLUDED IN MONITORING NETWORK /�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 X-- N.1994)] 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 (F RMER PP412 y" LESS THAN 18 FEET IN DEPTH. 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