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Home My WebLink About000510 Original ContractREPLY 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. Cutler: Enclosure City of Port Angeles Record #000510 DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124 -3755 SEP 14 2012 Enclosed for your records is a fully executed Department of the Army Right of Entry (ROE) for Site Investigation No. DACA67 -9 -12 -254. This ROE grants the Government and its contractor the right to access certain City property in order to conduct an environmental investigation in support of the former Port Angeles Combat Range. This document is being copy furnished to Mr. Edwin Louis, Project Manager U.S. Army Corps of Engineers, Kansas City District, CENWK PM -ED, 601 E. 12th Street Kansas City, MO 64106. Your cooperation in this matter is appreciated. If you have any questions regarding the site investigation, please contact Mr. Edwin Louis, USACE, Project Manager at (816) 389 -3563 or by email at Edwin.g.louis @usace.army.mil. Any questions regarding the Right of Entry can be addressed to the undersigned at (206) 316 -4373 or by email at claire.k.wilson@usace.armv.mil. Sincerely, Claire K. Wilson FUDS Program Manager Port Angeles Combat Range Contract No.: DACA67 9 12 254 DEPARTMENT OF THE ARMY RIGHT -OF -ENTRY FOR SITE INVESTIGATION Property Owner(s): City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 Property Description: Map ID #5, 11, 15, 20 &25 in Exhibit A The undersigned, hereby grants] 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: 1. The right -of -entry maybe exercised for the purposes of environmental investigation and response; including the right to store, move and remove equipment and supplies; erect and remove temporary structures on the land; investigate and collect samples; excavate and remove ordnance and explosive waste, pollutants, hazardous substances, contaminated soils, containerized waste and replace with uncontaminated soil. The environmental investigation will be conducted within a 90 day period each year during the duration of the right of entry. 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 Reouirements: 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. b. .Additional Reauirements. 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 Reauirements. 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 (CGLI 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 (BAP1 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 jroperty 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-R0 (C. Wilson) PO Box 3755 Seattle, WA 98124 -3755 9. The Government will provide the City 48 hours advance notice prior to exercising the rights granted herein. 10. Further information on the project such as name of contractor and the detailed scope of work can be obtained through Mr. Edwin Louis, Project Manager, USACE, Kansas City District, (816) 389 -3563 or by email at edwin.e.loui a,usace.armv.mil. Dated this 1 day of '5 kol b e 2012. CITY OF PORT ANGELES Title C Signature 34,0 I/ 7 cts I C iL.j ✓ha"c4 se Phone No. UNITED STATES OF AMERICA Patricia M. Father ree Chief, Realty Operations Branch Real Estate Contracting Officer Seattle District, Corps of Engineers P a 472x0 V o) Buffer Zone and Combat Training Area Buffer Zorio l Range Compicx No.1 D&cct Fire impact Area 1 [o, impact/Suffer Aroa (t7 473300 472200 47360 0 t0 470000 s Combat Training Area D tact Fire and Combat Trcin!r rU Area Suffer Zone and Combat Treintn Arm 27.24, Indirect Fire Impact Area 23 47000 0 impact/Zs-Ten Area l I Buffer Zane 670400 070400 a .h. Att^Cao Cat=SaT,a Ftrm Ft-.-,v Pent Ti*11F= 1 PO a T: Pcraw•Paa 10 Fc cttlIt1 0a Ca Ca Ccotplett 1a. C'10)e Ci.,ZZP �.,�.......y Most ra t eik te, aFa eacct tTrroA+ea k �g o-.emft:to t� Area WS. Zara car Zona txC Cm= TleSbp Axo Ccts=111Fasa L.......�.mAwa NOTES t) FUCtS PraP' IV eTd rmW nmmCe. were eaCMOd tram o OLS dr=at proHCad by tha USAGE Z) PmaJa2s taro obtxwdeom P¢Ce Ceudr vc>tto 3) oarC t County) (C_ County) rJrod we, et From !ha U.S a/A{aK1C`�a Swan CmU Ayaria, PnxtFpcsh b Gem So USOA•APF0 NoapAOtsttmp (NAW 2007 7 0 875 1.750 3,500 1Fect R£FEREKCFJP CSMAIQN. MAO 83 UMW rArn, 1074 r r 11 U S. ARMY CORPS OF ENGINEERS r FO" l� OMAHA DESIGN CENTER FIGURE 6 PARCEL OWNERSHIP PORT ANGELES COMBAT RANGE FUDS PROPERTY NUMBER F10WA0033 EXHIBIT A