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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 GW152 MONITORING WELL ' $ LOCATION GW134 BUILDING 4-20 ABANDONED MONITORING WELL _ - B. PP PROPOSED PUSH PROBE LOCATION Al CEDAR RIVER �j �� �; TE- APPROXIMATE-ACTUCTU AL LOCATION TO BE ADJUSTED IN FIELD TO ACCOUNT FOR TRAIL PARK �i /� UTILITY CLEARANCE AND GWO14 /�- ACCESS) i W148 GWO13 �� / i 7NOTEsw615 � /i /� BUILDING 4-21 S / GWO12 SUMP SRE-2348 ✓/ 1.HORIZONTAL DATUM: GW149 GWO19 ' / WASHINGTON STATE COORDINATE SYSTEM NORTH ZONE NAD83(91) GW020 / o-SUMP SRE-2346/ _ SUMP SRE-2347 / � � � � VERTICAL DATUM: GW44 GW159 7\ A NATIONAL GEODETIC VERTICAL v //GW0009$9,0 \ AOC-060 DATUM(NGVD1929) \ 2.BASEMAP COMPILED BY pp DUANE HARTMAN&ASSOCIATES INC., DECEMBER,1994 GW011® ✓/ GW010 SUMP SRE-2345 . GW017 G o16 BUILDING 442 LOCATION MAP� ADC -060 GW150 C G$47 GW135 GW160 CEDAR RIVER WATERWAYPIP_ • ��/ / ��, N 6th PP �/ BUILDING 444 %% BOEING RENTON FACILITY MAP O0 20 40 SceN M Feet FIGURE 1 AOC-060 PLAN WITH PROPOSED 53-011, SUPPLEMENTAL RI DATA COLLECTION SAMPLING LOCATIONS 3-01 E. 0=\6ec\Oceing\Renton\Renton-33 AOC—ObO.tlwg EDIT DATE'05/21/02 AT:10'14 �/!♦L`�//� Boeing Renton Renton,Washington Figure 2 Drawing 2 r LEGEND G�8MONITORINLOCATIONG WELL ssY • GW170 ABANDONED WELL BUILDING 476 c ® PUSH PROBE LOCATION an PP PROPOSED PUSH PROBE LOCATION(LOCATION ', �. / LQ�ATION MAP APPROXIMATE-ACTUAL LOCATION TO BE ADJUSTED AOC-090 IN FIELD TO ACCOUNT FOR PP UTILITY CLEARANCE AND ACCESS) PMW v IF�.. d (Z) PROPOSED DEEP MONITORING W ! N 6th -` - (EXACT LOCATION TO BE DETERM . A6 - AFTER PUSH PROBE DATA ARE SHEET PILE WALL ' / REVIEWED LOCATION APPROXIMATE STREET LIGHT POST m GWi61 Pr BOOING RENTON �� 1 GW762 F/kG td/ ILITY MA PP % BUILDING 4-64 FENCE INpy GW163 $$ ®PP039 !� GW164 ® ®PP041 ®PP042 zPP040 z PP APPROXIMATE AREA OF EXCAVATION GW165 JjQr, PP045 1p r ®PP043 ® Z ® 4-6 (1)®PP046 NOTES GW166 P054 /PP049 W GW169 1.HORIZONTAL DATUM: `s'R ® ® GW770 WASHINGTON STATE COORDINATE $ 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) PP0552.BASEMAP COMPILED BY -..PMW ...__ -_. __ - .... =Z-_SAN - 15'ABANDONED OUTFALL--' ...-y _ PP047 N.6th 3 � (LOCATION APPROXIMATE) DUANE HARTMAN S ASSOCIATES INC., --- -- DECEMBER,1994 PROPOSED DEEP ....._ _. .... ..— .: .-.-.- _-— --- ._ _-�- MONITORING WELL STS - — - - -- -- .CW _ - - _ - 3.PUSH PROBE LOCATIONS FROM FINAL -- MEDIAL INVESTIGATION REPORT PPO PPS -..._ PPS .— - .. __ __: _. __._. __. (WESTON,2001) OUTFALL - .._ ._ ..._ - :.,.. _ ..—.....--SAN ""— ... _..._7bLEPHONE...... �� 4.LOCATION OF UTILITIES TAKEN FROM BRYN MAWR SYSTEM IMPROVEMENT STATIONS 10+00 TO 19+00,KING COUNTY qN DNR AND RELATED BORING OUTFALL INTERCEPTOR DRAWINGS SHEET PILE WALL 5.WELLAND PUSH PROBE LOCATIONS LOCATION APPROXIMATE PENDING UTILITY CLEARANCE O _ FIGURE 2 AOC-090 PLAN VIEW WITH PROPOSED 53-0100269 ,i'T A'e o.vc4/D2 ing�R=_n�on',ee��a�—s<noc-oeo PROP mew iLaxg SUPPLEMENTAL RI DATA COLLECTION SAMPLING LOCATIONS 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