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HomeMy WebLinkAbout000596 Original ContractCity of Port Angeles Screen House and Water -Meter Shed NATIONAL PARK SERVICE AUTHORIZATION TO ENTER SCREEN HOUSE AND WATER -METER SHED Situate in Clallam County, State of Washington. Owner: City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 The City of Port Angeles "City"), hereby authorizes the National Park Service "NPS its employees, contractors, and subcontractors to access the screen house (hereafter "Screen House and water -meter shed (hereafter "Water -Meter Shed owned by the City and located on land owned in fee by the United States, and administered by the NPS, pursuant to an easement granted to the City of Port Angeles and recorded under Clallam County Auditor's File Number (AFN) 616556 on May 9, 1989, as amended by instrument recorded under AFN 692192 on August 24, 1993. The real property on which the easement, Screen House, and Water -Meter Shed, are located is Tax Parcel Number 073003- 410275, more particularly described as follows: That portion of the East half of the Northeast quarter of the Southeast quarter of Section 3, Township 30 North, Range 7 West, W.M., lying westerly of the former Chicago, Milwaukee, St. Paul and Pacific Railroad right -of -way; EXCEPTING THEREFROM that portion conveyed to the State of Washington, Department of Fisheries, by deed recorded March 18, 1991, under AFN 648161, and delineated as Parcel 2 of Survey recorded April 10, 1991, in Volume 20 of Surveys, page 60, under AFN 649147. The approximate locations of the Screen House and Water -Meter Shed are shown on attached Exhibit A, hereby incorporated by reference. The City and NPS agree to the following terms and conditions: 1. NPS may enter the Screen House and Water -Meter Shed for the purposes of operating and maintaining the chemical feed system equipment serving Nippon Paper Industries USA. In the Screen House, "operating and maintaining" includes, but is not limited to: inspecting, cleaning and maintaining the pH probe; operating, inspecting, and maintaining chemical fill lines; and operating, inspecting, and maintaining the emergency eyewash equipment. In the Water Meter Shed, "operating and maintaining" includes, but is not limited to: operating, inspecting, and maintaining the pH and chlorine analyzing equipment and water meter. 2. The term of this agreement is four (4) years, beginning on the date of execution of this agreement, unless terminated earlier by either party as described in Paragraph 7 of this agreement. 3. The NPS agrees to cooperate, to the extent allowed by law, in the submission of claims pursuant to the Federal Tort Claims Act against the United States for personal injuries or property damage resulting from the negligent or 000596 wrongful act or omission of any employee of the United States while acting within this scope of his or her employment, arising out of this agreement. 4. Insurance Requirements: a. Evidence of Insurance: Prior to entering the Screen House and Water Meter Shed, evidence of insurance coverage for the NPS's contractor must be furnished 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: i. An ACORD certificate or a form determined by the City to be equivalent. ii. Copies of all endorsements naming the City as Additional Insured, showing the policy number. NPS's contractor and subcontractor's 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. iii. Any other amendatory endorsements to show the coverage required herein. b. Additional Requirements: i. The insurance described in this section shall be obtained from insurers approved by the State Insurance Commissioner pursuant to RCW Title 48. The insurance must be provided by an insurer, which is 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. ii. Insurance policies must provide liability coverage on an occurrence basis unless otherwise specified in this license. iii. All insurance provided in compliance with this agreement shall be primary as to any other insurance or self insurance programs afforded to or maintained by the City. iv. All insurance policies and coverage's required herein shall contain a waiver of subrogation against the City. c. Cancellation: The contractor shall provide written notice to the City by U.S Mail, notice of any policy cancellation within two (2) 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 this agreement upon which the City may, after giving five (5) business days' notice to the contractor to correct the breach, immediately terminate this agreement. d Minimum Coverage Requirements: The requirements stated below 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 contractor from liability for losses and settlement expenses greater than these amounts, to the extent allowed by law. 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: If to NPS: If to the City: Description General Aggregate $2,000,000 Limit Each Occurrence $1,000,000 Limit 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." 5. If any action of the NPS's employees in the exercise of this agreement results in damage to the Screen House or Well-Meter Shed, subject to availability of appropriations and Elwha project funding, the NPS will, in its sole discretion, either repair such damage or make an appropriate settlement with the City. In no event shall such repair or settlement exceed the fair market value of the Screen House or Well-Meter Shed at the time immediately preceding such damage. 6. NPS's obligations under this agreement are subject to the availability of appropriations for such payment or repair, and nothing contained in this agreement shall be considered as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress for the purposes of this right-of-entry for that fiscal year or as implying that Congress will at a later date appropriate funds sufficient to meet any deficiencies. 31 U.S.C. 1341. 7. This agreement may be terminated in writing by either party upon thirty (30) days prior written notice delivered to the other party, as follows: Mr. Tracy Gilchrist, P.E. Project Manager National Park Service Denver Service Center PO Box 25287 Denver, CO 80225 Tracy_Gilchrist@nps.gov Mr. Glenn A. Cutler, P.E. Director of Public Works and Utilities City of Port Angeles 321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362-0217 E-mail: gcutler@cityofpa.us Dated this 2 of 2013. 1 CITY PORT ANGELES By: Name: Oan r telcee. Title: Manage United States of America, acting through the National Park Service, U.S. Department of the Interior By Name: Title: Superintendent. Olympic National Park United States of America, acting through the National Park Service, U.S me of the Interior By: Name: AQ_1ZIIJ bApp Title: Contractina Officer. Denver Service Center Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 01/16/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT *Marsh USA, Inc NAME 1717 Arch Street A Est1 A FAX /C. Nol Philadelphia, PA 19103 E -MAIL Attn Veolia CertRequest @marsh com F 212- 948 -5053 ADDRESS 90213 AII- GAWXX -12 -13 INSURED Veolia Water North America West, LLC 101 West Washington Street, Suite 1400 Indianapolis, IN 46204 COVERAGES CERTIFICATE NUMBER: 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 INSR I TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR NCR WVf) POLICY NUMBER IMM /DD/YYYYI (MM /DD/YYYYI LIMITS A GENERAL LIABILITY GL 1929555 07/01/2012 07/01/2013 EACH OCCURRENCE 1 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) I I 1 CLAIMS -MADE X OCCUR MED EXP (Any one person) I I 1 PERSONAL ADV INJURY I I_1 GENERAL AGGREGATE I$ PRODUCTS COMP /OP AGG CA934823 (AOS) COMBINED SINGLE LIMIT (Ea accident) CA934824 (MA) BODILY INJURY (Per person) GEN'L AGGREGATE LIMIT APPLIES PER X I POLICY FRr° 1 LOC A AUTOMOBILE LIABILITY A I1 ANY AUTO A A A A X HIRED AUTOS x NON -OWNED AUTOS UMBRELLA LIAB ALL OWNED SCHEDULED AUTOS AUTOS EXCESS LIAB DCS -CS Contracting Services Division National Park Service P 0 Box 25287 Denver, CO 80225 OCCUR CLAIMS -MADE I DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N N/A 15683932 (AOS) 15683933 (CA) 15683934 (FL) 15683935 (MA/WI /Mono) INSURER(S) AFFORDING COVERAGE NAIC INSURER A Insurance Company Of The State Of PA 19429 INSURER B N/A N/A INSURER C N/A N/A INSURER D N/A N/A INSURER E INSURER F CLE- 003903203 -01 REVISION NUMBER:3 07/01/2012 07/01/2013 07/01/2012 07/01/2013 07/01/2012 07/01/2013 07/01/2012 07/01/2013 07/01/2012 07/01/2013 07/01/2012 07/01/2013 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) WC STATU- X I T RY IMITS I I I$ EACH OCCURRENCE AGGREGATE E L EACH ACCIDENT E L DISEASE EA EMPLOYEE E L DISEASE POLICY LIMIT 1,000,000 I 1,000,000 10,000 1,000,000 I 2,000,000 1 2,000,0001 1,000,000 1,000,000 1,000,000 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc Manashi Mukherjee 1_x. aor•: �d.�t�wdu ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1