HomeMy WebLinkAboutPermit The Boeing Company
'� P.O. Box 3707 '
Seattle,WA 98124-2207
PAG-02-002
July 3, 2002
The Honorable Jesse Tanner, Mayor
City of Renton
1055 South Grady Way, 7th floor
BOE//VG i Renton, WA 98055
f Subject: Access to Portions of Cedar River Park
Renton, Washington
i
Dear Mayor Tanner:
On behalf of The Boeing Company (Boeing), I am writing to request permission
for Boeing to access certain property located in the Cedar River Park in Renton,
Washington and shown in the drawing attached as Figure 1 hereto (the 'Property") in
order for Boeing to accomplish the work requested by the Washington Department of
Ecology (WDOE). All work to be performed is at the direction of and approved by the
WDOE. The Property is part of a public park owned and operated by The City of
Renton (the "City").
By signing this letter, the City agrees to grant and does hereby grant Boeing access to
the Property for the purposes outlined, subject to the following terms and conditions.
1. Boeing's right to access the Property will commence July 1, 2002 and will
continue until Boeing notifies the City that in WDOE's opinion the work specified has
been completed. Boeing shall use the Property in common with other users of the
Property, and shall use reasonable efforts to avoid interfering with other uses of the
Property by the public, provided that Boeing may take reasonable steps to protect wells,
monitors, and other installations necessary for the performance of the Work.
2. The activities allowed under this access agreement ("Agreement") include
the following, as well as any other activities agreed to by you:
(A) Ingress and egress for Boeing personnel and Boeing contractors to access and
maintain the four(4) existing groundwater monitoring wells located in the Park to
the west of Boeing building 4-42. It is anticipated that access to these wells will be
needed for a long period of time or until the WDOE deems these wells no longer
needed. Shown in Figure 1.
*Ago, .✓
The Honorable Jesse Tanner
July 3, 2002
Page 2 of 4
(B) Ingress and egress for Boeing personnel and Boeing contractors to locate,
install, access and maintain one additional groundwater monitoring well to be
located at the North 6th Street entrance to the Park. It is anticipated that access to
this well will be needed for a long period of time or until the WDOE deems this
well no longer needed. Shown in Figure 2 as "PMW".
BOE/A/G
(C) Ingress and egress for Boeing personnel and Boeing contractors to perform
subsurface sampling using geoprobe sampling equipment (small truck mounted
geoprobe) at six (6) locations, two of which are identified as "PP" on Figure 1, and
four of which are identified as "PP" on Figure 2. These are temporary sample
locations and are typically less than one day at each location. This work is to be
conducted after September 3, 2002. (Additional "PP" locations are shown on
Figure 2 outside the boundaries of the Property. These are not the subject of this
letter.)
(D) Ingress and egress for Boeing personnel and Boeing contractors to survey
work areas.
3. Boeing will use a Washington State licensed driller and will comply with
all applicable laws and regulations regarding its activities at the Property. Boeing will
obtain, at its own expense, all necessary permits, licenses, and approvals from
governmental authorities required to conduct the activities contemplated by this letter
and will comply with all conditions, restrictions, and requirements imposed thereby. If
requested, Boeing will also provide you with copies of the final reports documenting
these activities.
4. Boeing will coordinate all activities with the City and Boeing will obtain
City concurrence on all work schedules. The City will not unreasonably withhold its
consent to proposed work schedules. During construction activities, Boeing will use its
reasonable efforts to minimize any damage to the surface of the Property, and will
promptly repair any such damage.
5. Upon completion of the temporary sampling activities and the termination
of this Agreement, Boeing will remove all equipment installed for groundwater sampling
and will restore the surface of the Property to a mutually satisfactory condition. All
wells will be decommissioned in accordance with applicable law and regulations.
a"r '4wo'
The Honorable Jesse Tanner
July 3, 2002
Page 3 of 4
6. Boeing shall indemnify and hold the City harmless from and against any
and all claims or liability for bodily injury to or death of any person or loss of or physical
damage to any property arising out of Boeing's use of the Property pursuant to this
(n Agreement or from the conduct of any activity, work or thing done, permitted or suffered
�`- by Boeing, its employees, agents, contractors or invitees in or about the Property in
BOE//VG connection with this Agreement except claims and liabilities to the extent caused by any
negligence or willful misconduct on the part of the City, its agents, employees,
contractors or invitees. In the absence of any negligence or willful misconduct on the
part of the City, its agents, employees, contractors or invitees, such indemnity shall
include all reasonable costs, attorneys' fees and expenses incurred in the defense of any
such claim or any action or proceeding brought thereon. In the event any action or
proceeding is brought against the City by reason of any claim falling within the scope of
the foregoing indemnity, and in the absence of any negligence or willful misconduct on
the part of the City, Boeing upon written notice from the City to Boeing within sixty (60)
days after the City receives notice of the claim shall defend same at Boeing's expense by
counsel reasonably satisfactory to the City.
The foregoing indemnity is conditioned upon the City providing notice to Boeing
within sixty (60) days after the City receives notice of any claim or occurrence that is
likely to give rise to a claim that will fall within the scope of the foregoing indemnity
and cooperating fully with Boeing in any defense or settlement against the claim or
liability.
7. Each party hereby designates an authorized representative to administer this
agreement. Until a party changes its address by giving notice thereof, notices should be
sent to:
The City: Boeing:
Leslie A. Betlach, Director Peter M. Hudelson
Parks Division The Boeing Company
City of Renton Environmental Remediation
1055 South Grady Way, 5th floor P.O. Box 3707 MC 7A-XA
Renton, WA 98055 Seattle, WA 98124-2207
Phone: 425-430-6600 Phone: 425-865-4201
Fax: 425-430-6603 Fax: 425-865-6608
+ °..r
The Honorable Jesse Tanner
July 3, 2002
Page 4 of 4
8. This Agreement represents the complete agreement of the parties with
respect to the matters treated herein and supersedes any prior oral or written agreements
or understandings (including without limitation the Agreement for Site Access between
Boeing and the City dated June 21, 1994) relating to access by Boeing to the Property in
connection with monitoring wells.
BOE//VG
9. This Agreement may be amended or modified only with the written
agreement of both parties. In this connection, the City agrees that, if Boeing requests the
City to amend this Agreement to permit the installation of and access to additional wells
on the Property, the City will not unreasonably withhold its agreement to such
amendment(s).
If the foregoing correctly sets forth your understanding of our agreement, please indicate
your acceptance and approval below. Thank you for your assistance and cooperation.
Very truly yours,
Boeing Company
By: Ph' p W. Cy rt
ice Presid nt
ACCEPTED and AGREED thisy
da of , 2002.
The City of Renton
Jesse Tanner
Mayor
ATTEST: 4x4U4-'j-
Bonnie
I. Walton, City Clerk
Ficin 1
Drawing
LEGEND
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_ SUMP SRE-2347 / � � � � VERTICAL DATUM:
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v //GW0009$9,0 \ AOC-060 DATUM(NGVD1929)
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EDIT DATE'05/21/02 AT:10'14
�/!♦L`�//� Boeing Renton
Renton,Washington
Figure 2
Drawing
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$ F { LDG GYV1Dg P3.__. SYSTEM NORTH ZONE NAD83(91)
♦♦-- _. _ VERTICAL DATUM:
PP051_ _ _. �p APPROXIMATE PROPERTY LINE
PP056® ® (BP 058 ®PP059 PP050 NATIONAL GEODETIC VERTICAL
OUTFALL- �... STS .. ..P� a--,r .._� .,. --._. __67 ... DATUM(NGVD1929)
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--- -- DECEMBER,1994
PROPOSED DEEP ....._ _. .... ..— .: .-.-.- _-— --- ._ _-�-
MONITORING WELL STS - — - - -- -- .CW _ - - _ - 3.PUSH PROBE LOCATIONS FROM FINAL
-- MEDIAL INVESTIGATION REPORT
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�� 4.LOCATION OF UTILITIES TAKEN FROM
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INTERCEPTOR DRAWINGS
SHEET PILE WALL 5.WELLAND PUSH PROBE LOCATIONS
LOCATION APPROXIMATE PENDING UTILITY CLEARANCE
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_ FIGURE 2
AOC-090 PLAN VIEW WITH PROPOSED
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EDIT111E: 05�1i�02 AT 10'07
Boeing Renton Plant
`yT1L_ it Renton,Washington
CITY OF RENMN
AGREEMENT FOR SITE ACCESS JUN 1 8 2002
RECENED
This Agreement is made this day oLJVMVl994 between the City of Rent097 CLERK'S OFFICE
a Washington State municipality("Grantor"), and The Boeing Company, a Delaware
Corporation through its division the Boeing Commercial Airplane Group ("Grantee").
RECITALS:
A. The Grantor owns the real property known as The Cedar River Trail Park in
Renton, Washington.
B. Grantee owns property adjacent to Grantor's property. In coordination with the
U. S. Environmental Protection Agency ("EPA") and the Washington Department
of Ecology ("WDOE"), Grantee is investigating the presence of hazardous
constituents upon its property and desires to also investigate Grantor's adjacent
property.
C. The Grantee now desires to enter upon that portion of Grantor's property identified
in Exhibit A(the "Property") for the purpose of performing environmental
investigation activities upon the Property. Grantee shall utilize the services of one
or more contractors (collectively, the "Contractor") for performing such work.
D. The Grantor desires to grant access to the Property for such purpose.
In consideration of the mutual covenants and agreements herein, the Grantor and
Grantee agree as follows:
• AGREEMENT
1. Access to Grantor's Property,. Grantor hereby gives Grantee and its
Contractor access to the Property for the purpose of performing environmental
investigation work(the "Work"). Grantor also hereby gives EPA, WDOE and their
designated representatives access to the Property to inspect and observe the Work, and to
otherwise oversee Grantee's activities. Such access shall include, without limiting the
foregoing, ingress and egress to the Property to perform such activities on the Property.
16155/TMM
2. Work Plans. Plans for the Work will be provided to Grantor with schedules.
No Work shall be performed prior to Grantor's approval of a Work Plan for such Work.
3. Compliance with Applicable Laws. Grantee shall at all times exercise its
rights herein and shall have the Work performed at the Property in accordance with any
and all applicable statutes, orders, rules and regulations of any public authority having
jurisdiction.
4. Contractor. Grantee shall notify Grantor of any Contractor who will be
performing Work on the Property before such Contractor seeks to obtain access to the
Property. Contractor is entitled to access under Paragraph 1. Grantee shall require any
such Contractor to obtain an endorsement naming Grantor as an additional insured under
Contractor's Commercial General Liability insurance policy for the period Work is to be
conducted on the Property, and shall provide proof thereof before Contractor commences
Work on the Property.
5. Grantee's Use of the Property. Grantee shall exercise its rights under this
Agreement and shall assure that the Work is performed so as to minimize and avoid, to the
extent reasonably practicable, interference with Grantor's or Grantor's invitees use of the
Property. Grantor understands that Grantee or its Contractor will temporarily fence off all
or part of the Work site to prevent access while Work is undertaken, and that the area to
be fenced will be delineated in a Work Plan to be provided to Grantor. After completion
of the Work, Grantee agrees to restore the portion of the Property used in the
performance of Work to an appearance consistent with that of the surrounding property.
6. Cooperation. Grantor understands that Grantee may need information in
Grantor's possession, such as the location of underground utilities, to accomplish the
Work efficiently. Grantor therefore agrees to cooperate generally with Grantee to
facilitate performance of the Work.
7. Responsibility. By undertaking the activities set forth in this Agreement,
Grantee is not admitting responsibility for conditions existing at the Property. Grantor
understands that Grantee is not EPA's or WDOE's representative with respect to any
liability associated with the Work.
8. Access to Data. Upon request, Grantee and Contractor shall provide
Grantor access to all data developed and samples taken in the performance of the Work
under this Agreement.
9. Notice of Work Area Alteration. Grantor understands that Grantee will be
installing monitoring wells which can be effective only so long as their integrity is
protected. Therefore, Grantor agrees to give Grantee written notice of any plans to alter
or disturb areas where monitoring wells are located.
16155/TMM
`�' ;,fit r
10. Term. This Agreement shall be cancelable upon 60 days prior written notice
by either party.
11. Notice. Notices required to be in writing under this Agreement shall be
given as follows:
To Grantor:
Sam Chastain
Community Services Administrator
City of Renton Department of Parks&Recreation
200 Mill Avenue South
Renton, Washington 98055
To Grantee:
Paul Crane
Senior Environmental Planner
Boeing Commercial Airplane Group, Renton Division
P. O. Box 3707, MS 61-95
Seattle, Washington 98124-2207
Notices shall be deemed effective (a) if mailed, upon the third day following deposit
thereof in the United States, mail, postage prepaid, or(b) if otherwise given, upon delivery
thereof. Either party may change the address to which notices may be given by giving
notice as above provided.
12. Exhibits. All exhibits identified in this Agreement are attached hereto and by
this reference made a part of this Agreement.
EXECUTED as of the date first written above.
Accepted:
GRANTOR: GRANTEE: �I
City of Re on The Boeing Company, through its division
the Boeerci 1pro p
B By: p
S Chastain Ron Westall
Community Services Administrator Director of Facilities, Renton Division
16155/TMM
DATE(MM/DD/YY)
ACORD CERTIFICAT'` OF INSURANCE
.; �� 6 / 17 / 94
PRODUCER ✓ THIS CERTIFICATE SSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
,S E D G W I C K J A M E S O F W A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
S U I T E 1 7 0 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2 1 0 1 F O U R T H A V E N U E COMPANIES AFFORDING COVERAGE
SEATTLE , WA 98 12 1 COMPANY
A ZURICH AMERICAN INS . COS
INSURED COMPANY
B Industrial Indemnity Co
SCIENCE & ENGINEERING ANALYSIS
C0RP0RATI ON COMPANY
11061 N . E . 2nd St . Suite 202 C
Bel I e v u e WA 98004 COMPANY
D
COVERAGES ... ;".
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS
A GENERAL LIABILITY G L 0 6 8 9 8 5 9 1 0 2 1 1 / 0 2 / 9 3 1 1 / 0 2 / 9 4 GENERAL AGGREGATE $ 2 0 0 0 0 0 0
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG $ 1 0 0 0 0 0 0
CLAIMSMADE X� OCCUR PERSONAL&ADV INJURY $
X OWNER'S&CONT PROT EACH OCCURRENCE $ 1 0 0 0 0 0 0
FIRE DAMAGE(Anyone fire) $ 5 0 0 D 0
MED EXP (Any one person) $ 5 0 0 0
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTO (Per accidnet)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY: $
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
B WORK MANS COMPENSATION AND C J 9 5 9 0 6 8 7 1 1 / 0 2 / 9 3 1 1 / 0 2 / 9 4 X
STATUTORY LIMITS $
EMPLOYERS LIABILITY EACH ACCIDENT $ 1 0 0 0 0 0 0
THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ 1 0 0 0 0 0 0
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ 1 0 0 0 0 0 0
OTHER
DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLESISPECIAL ITEMS
THE CITY OF R E N T 0 N IS ADDED AS AN ADDITIONAL INSURED PER THE
A T T C H E D C G 2 0 1 0
CERTIFICATE HOLDER CANCELLATION
C I T Y O F R E N T 0 N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
A T T N S A M U E L C H A S T A I N EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
C O M M S U S . A D M I N . 4 5 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
R E N T 0 N P A R K S D E P T BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
200 MILL AVE S .
R E N T 0 N , W A 9 8 0 5 6 OF ANY FUND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
7TRESENTA7
1..
ACORD 25 S 3/93 2 6 1 0 @ACORD CORPORATION 1993
6/17/94
POLICY NUMBER: GLO689859102
ZURICH AMERICAN INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modified insurance provided under the following:
Commercial General Liability Coverage Part .
Schedule
Name of Person or Organization
CITY OF RENTON ATTN: SAMUEL CHASTAIN. COMM SUS . ADMIN.
RENTON PARKS DEPT.
200 MILL AVE SOUTH
RENTON, WA 98056
( If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement. )
WHO IS AN INSURED (SECTION II) is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to
liability arising out of "your work" for that insured by or for you.
RE: WORK PERFORMED BY THE INSURED
CG 20 10 11 85
70-02