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Home My WebLink About000198 Original ContractPort Angeles Combat Range Contract No.: DACA67-9- 11-364 I I DEPARTMENT OF THE ARMY RIGHT -OF -ENTRY FOR SITE INSPECTION Property Owner(s): City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 Property Description: See Exhibit A The undersigned, hereby grant[s] to the Department of the Army, its employees, contractors, and subcontractors a right -of -entry on the property located in the State of Washington, County of Clallam, and described as: Parcels: 0529054400000000, 0529081100000000, 0529043300750000 This right -of -entry is granted upon the following terms and conditions: City of Port Angeles Record #000198 1. The right -of -entry maybe exercised for the purposes of making a visual inspection and sampling with non invasive geophysical instrumentation (metal detectors). Data gathered from the geophysical surveying will be followed up with anomaly excavation and verification in order to determine whether military munitions are present on the property. Excavation will be to depth of detection typically not to exceed 4', shallow excavations will be performed with a shovel, and deeper excavations with a small Bobcat or similar excavator. 2. This right -of -entry may be exercised at any time for a period of twenty four (24) months which begin on the date this ROE is executed. 3. This right -of -entry does not grant any right to enter into any structure or building located on the property described above. 4. Responsibility. Licensee assumes responsibility for all activities conducted under this right of entry, including but not limited to supervision and control to prevent injury or damage and maintenance of the property during use. The City shall not be liable for personal injury or property damage caused by the negligence or fault of the Government when conducting the activities authorized by this right of entry. 5. Insurance Requirements: a. Evidence of Insurance. Prior to entering the property the Licensee must furnish evidence of insurance coverage for the Licensee's Contractor in the form of a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein. The certificate and endorsements must conform to the following requirements: 1. An ACORD certificate or a form determined by the City to be equivalent. 2. Copies of all endorsements naming City as Additional Insured, showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement. A statement of additional insured status on an ACORD Certificate of Insurance shall not satisfy this requirement. 3. Any other amendatory endorsements to show the coverage required herein. Cancellation. The Contractor shall provide written notice to the City by U.S Mail, notice of any policy cancellation within two business days of receipt of cancellation. Failure on the part of the Contractor to maintain the insurance as required, or to not provide certification and copies of the insurance prior to the time specified above, shall constitute a material breach of the Agreement upon which the City may, after giving 5- business days notice to the Contractor to correct the breach, immediately terminate the Agreement. a. Additional Requirements. 1) All insurance provided in compliance with the License shall be primary as to any other insurance or self insurance programs afforded to or maintained by the City. 2) All insurance policies must provide liability coverage on an occurrence basis unless otherwise specified in this license. 3) The Contractor shall obtain the insurance described in this section from insurers approved by the State Insurance Commissioner pursuant to RCW Title 48. The insurance must be provided by an insurer with a rating of A VII or higher in the A.M. Best's Key Rating Guide, which is licensed to do business in the state of Washington. 4) All insurance policies and coverage's required herein shall contain a waiver of subrogation against the City. b. Minimum Coverage Requirements. The Minimum Coverage Requirements set forth the minimum limits of insurance. These limits may not be sufficient to cover all liability losses and related claim settlement expenses and does not relieve the Licensee from liability for losses and settlement expenses greater than these amounts. 1) Commercial General Liability (CGL) Insurance. Covering liability arising from operations, including personal injury and property damage. Such insurance must be provided on an occurrence basis. Insurance must include liability coverage with limits not less than those specified below: Description General Aggregate $2,000,000 Limit Each Occurrence $1,000,000 Limit 2) Business Auto Policy (BAP) Insurance. Auto liability and, if necessary, commercial umbrella liability insurance with a limit not less than $1,000,000 per accident. Such Insurance shall cover liability arising out of "Any Auto 6. If any action of the Government's employees or agents in the exercise of this right -of -entry results in damage to the real property, the Government will, in its sole discretion, either repair such damage or make an appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. The Government's liability under this clause is subject to the availability of appropriations for such payment, and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet any deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other than those provided for herein. In addition, the owner shall not be liable for other injury or damage caused by the negligence or fault of the Government 7. Upon the expiration or termination of this right -of -entry, the Government shall restore the ground contour, replace any pavement or other cover which was removed or damaged for this work, and reconnect any operating utility lines which were required to be disconnected or otherwise disrupted. 8. This right -of -entry may be revoked in writing by the undersigned upon thirty (30) days prior notice delivered to the Department of the Army at: U.S. Army Corps of Engineers, Seattle District Attn: CENWS -RE -RO (C. Wilson) PO Box 3755 Seattle, WA 98124 -3755 36D -/-4 u-5nQ Phone No. Dated thiseday of gignature T itle 2011. CITY OF PORT ANGELES alc -v U UNITED STAT AMERICA q Patricia M. Fatlierree Chief, Realty Operations Branch Real Estate Contracting Officer Seattle District, Corps of Engineers a a a rri X 470800 470100 472200 f l Butter Zone and Combat Training Area L, Buffer Zone Direct Fire Impact Area IImpacUBuffer Area j 472200 473600 1 ;4 Range Complex No. 1 't 12 473600 475000 ti.; 1 Combat Training Area 475000 J Direct Fire and Combat Training Area 1 Buffer Zone and Combat Training Area Indirect Fire Impact Area i tmpacUBuferAreaj;. t It 475400 1n) PortAnp.ba Comm Rama F003 PrepoN OOroe wren) Pen Tatet Portal PMe• O Tadol Portal. Pwra to Paella ltonear Ranges In the SUIRP bltento y Rap Commit No 1 tlu•Relpee In ati MIi*RP L. Meet FM (meadaaa m Dna Fin and Combat Tome am LA reliant FIN 1),p.°'• WIN 94►r Zan and Conroe TtaM4 ate a Caveat,lahcia Ana ,6.r Nay (OJ VOTES 11 ELMS atwrry 6.4 tomb. NufNanes yam °11.6.0 from CO 4m41t•t ysrerd by to USACE 21 Patrol data wen Wtane0 Taos Pan* County wane'r 31 7,616 orompgn Cram County) west aotart0 .am ones U S O.oartmant •4aane,tka. Servt• Conwaaercrt onaa7aM +troll that USOAAPPO ...aroma apt <4lvdlmamsry Pr apes Nal.) 20 L. =At- 0 875 1 750 3 500 Feet REFERENCE/PROJECTION NAD 83 UTM Zonn ION U S ARMY CORPS OF ENGINEERS OMAHA DESIGN CENTER FIGURE 6 PARCEL OWNERSHIP PORT ANGELES COMBAT RANGE FUOS PROPERTY NUMBER F10WA0033 REPLY TO ATTENTION OF Real Estate Division Realty Operations Branch Glenn A. Cutler, P.E. Director of Public Works and Utilities City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 Dear Mr. Culler: Enclosure DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124 -3755 AUG 1 7 2011 Enclosed for your records is a fully executed Department of the Army Right of Entry (ROE) for Site Inspection No. DACA67 -9 -11 -364. This ROE grants the Government and its contractor the right to access certain City property in order to conduct additional work in support of the former Port Angeles Combat Range. A copy of the document has been sent to U.S. Army Corps of Engineers, Seattle District Washington, ATTN: Jason Blair CENWS- PM -EM, P.O. Box 3755, Seattle, Washington 98124- 3755. Your cooperation in this matter is appreciated. If you have any questions regarding the site inspection, please contact Mr. Jason Blair, USACE, Project Manager at (206) 764 -6190 or by email at iason.d.blair@usace.armv.mil. Any questions regarding the Right of Entry can be addressed to the undersigned at (206) 316 -4373 or by email at caire.k.wilson@usace.armv.mil. Sincerely, Claire K. Wilson FUDS Program Manager EC�� O puG 8 2011 rry o� Qo�� KS ES PUti, 4R 1