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Pipeline Permit
No. PX91-16232
Metro C-1
THIS AGREEMENT, made this 2nd day of DECEMBER, 1991, between BURLINGTON
NORTHERN RAILROAD COMPANY, a-Delaware corporatior;-:-hereinafter called
"Burlington" whose post office address is 2000 First Interstate Center, 999
Third Avenue, Seattle, Washington 98104-1105, and
METRO, a municipality,
whose post office address is: Environmental Compliance Division
Municipality of Metropolitan Seattle
821 Second Avenue, M.S. 112
Seattle WA 98104-1598
hereinafter called 11 Permittee,11
WITNESSETH:
Burlington, for and in consideration of the fee herein provided to be paid
to it by Permittee and of the covenants and promises hereinafter made to be ob-
served and performed by Permi ttee, does hereby grant to Permi ttee 1 i cense and
permission to excavate for, construct, maintain and operate
a 42-inch sewer trunk line thru a 60-inch steel welded casing, casing to be
330-f eet in 1 ength, at a depth of 16-feet minimum from T /Tie to T /Casing,
installation by jack and bore, with face of jacking/receiving pits a minimum of
25-feet from Center Line of nearest track
hereinafter referred to as the "faci 1ity,11 upon, along or across the
right-of-way of Burlington, under the tracks of Burlington, as the case may be,
at or near
RENTON, in the County of King, State of Washington,
to be located as follows, to-wit:
Crossing at Line Segment 0410 -Survey Station N. Renton Spur 663+13 -
Milepost N. Renton Spur 12.56-. -
Permittee in consideration o such license and permission hereby covenants
and promises as follows:
1. For this Permit, Permitt e will pay Burlington, in advance, the sum of
FOUR HUNDRED FIFTY DOLLARS ($450. 0) for the entire time this permit remains in
effect and Permittee will also p y or reimburse Burlington for all taxes and
assessments that may be levied or assessed against said "facility". Burlington
reserves the right to change th fee on future Permits at any time without
notice. This provision shall in o way affect Burlington's right to terminate
this permit pursuant to Paragraph 10 hereof. Either party hereto may assign any
receivables due them under this Agreement, provided, however, such assignments
shall not relieve the assignor of any of its rights or obligations under this.
agreement.
Permittee (or his CONTRACTOR) shall at Permittee's expense obtain and
furnish to Burlington RAILROAD PROTECTIVE LIABILITY INSURANCE, or CERTIFICATE OF
SELF-INSURANCE, in accordance with and subject to the terms of the Addendum
attached hereto and made apart hereof.
2. Permittee, at Permittee's sole cost and expense, shall excavate for,
construct, reconstruct, maintain and repair said "facility", placing the same in
accordance with the specifications provided in application dated 10/22/91,
heretofore approved by the Burlington. Permittee shall fill in the excavation
and restore the surface of the ground upon which the 11 facil ity" is 1 ocated to
its previous condition subject to the Division Roadmaster's approval. Said
Roadmaster shall have the right at any time when in his/her judgment it becomes
necessary or advisable to require any material used in the work to be replaced
with like material or with material of a more permanent character, also to
require additional work or change of location of said "facility" as a matter of
safety and/or appearance, or on account of additional tracks being laid, ~ _ e
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of grade thereof, construction of a building, or for any other reason whether or
not connected with the operation, maintenance, or improvement of Burlington's
railroad, all of which shall be done at the expense of Permittee in the manner
herein provided.
3. Permittee shall give to the Division Roadmaster at least 48 hours'
advance notice of any work to be done by Permittee in the excavation, construc-
tion, reconstruction, maintenance, repair, change of location or removal of the
11 facility11
, and shall conduct such work in such manner as not to interfere with
the maintenance and operation of Burlington's railroad; however, if emergency
work is necessary, Permittee shall make every effort to notify Roadmaster that
such work is to be done. Permit tee sha 11, at their own expense, restore any
facilities or said premises which are in any manner disturbed by such
maintenance, repairs or removal.
4. In the event that Burlington, at the request of Permittee or any agent
or contractor of Permit tee, or for the protection of Burlington property and
operations, does any work, furnishes any material or flaqging service, or incurs
any expense whatsoever on account of the excavation for, construction, recon-
struction, maintenance, repair, change of location, removal of the 11facility11 or
otherwise, Permittee shall reimburse Burlington for the cost thereof within
twenty (20) days after bills are rendered therefor. If the excavation for
construction, reconstruction, maintenance, repair, change of location, or
removal of the 11 facility11 , requires any or all of the following work: removal
and replacement of track, bridging, protection of track or other railroad
facilities by work or flagging, engineering and/or supervision, such work is to
be performed by Burlington employees and the cost borne by Permittee.
5. (a) Fiber optic cable systems may be buried on Burlington's property.
Permi ttee sha 11 telephone Burlington at 1-800-533-2891 (a 24-hour number) to
determine if fiber optic cable is buried anywhere on Burlington's premises to be
used by Permittee. If it is, Permittee will telephone the telecommunications
company(ies) involved, arrange for a cable locator, and make arrangements for
relocation or other protection of the fiber optic cable prior to beginning any
work on Burlington's premises. In addition to the liability terms elsewhere in
the Agreement, Permi ttee shall indemnify and hold Burlington harmless against
and from all cost, liability, and expense whatsoever (including, without
limitation, attorney's fees and court costs and expenses) arising out of or in
any way contributed to by any act or omission of Permi ttee, its contractor,
agents and/or employees, that causes or in any way or degree contributes to (1)
any damage to or destruction of any telecommunications system by Permittee,
and/or its contractor, agents and/or employees, on Burlington 1 s property, ( 2)
any injury to or death of any person employed by or on behalf of any
telecommunications company, and/or its contractor, agents and/or employees, on
Burlington's property, and/or (3) any claim or cause of action for alleged loss
of profits or revenue by, or loss of service by a customer or user of, such
telecommunication company(ies).
6. In the event any cathodic electrolysis or other electrical grounding
system is installed in connection with the 11 facility11 which, in the opinion of
Burlington, interferes with train signals in any way, telephone or telegraph
lines, or other facilities of Burlington, Permittee, upon being informed by
Burlington of such interference, shall forthwith discontinue operation of and
remove said grounding system, or take such steps as may be necessary to avoid.
and eliminate all such interference. Permittee further agrees to indemnify and
save harmless Burlington from and against any damages, claims losses, suits, or
expenses in any manner arising from or growing out of Permittee's interference
with the signals, telephone, or telegraph lines of Burlington by the operation,
use, or existence of any such grounding system.
7. Permittee shall and hereby releases and discharges Burlington of and
from any and all liability for damage to or destruction of the said 11 facility11 ,
and any other property of Permittee located on or near Burlington's premises,
and shall and hereby assumes any and all liability for injury to or death of any
and all persons whomsoever, including officers, employees and agents of the
parties hereto, and 1 oss of or damage to property to whomsoever bf' 1 ongi ng,
including property owned by, leased to, or in the care, custody and control of
the parties hereto, in any manner arising from or during the excavation for,
construction, reconstruction, use, maintenance, repair or removal of said
11 facility11 , however such injury, death, loss, damage or destruction aforesaid
may occur or be caused, demands, suits, action, damages, recoveries, judgment,
costs, or expenses arising or growing out of or in connection with any such
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injury, death, loss, damage, or destruction aforesaid. Permittee further agrees
to appear and defend in the name of Burlington any suits or actions at law
brought against Burlington on account of any such persona 1 injuries or death,
and loss and damage to or destruction of property, and to pay and satisfy any
final judgment that may be rendered against Burlington in any such suit or
action. THE LIABILITY ASSUMED BY PERMITTEE SHALL NOT BE AFFECTED BY THE FACT,
IF IT IS A FACT, THAT THE LOSS, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR
CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS AGENTS, SERVANTS, EMPLOYEES,
OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; PROVIDED,
HOWEVER, THAT PERMITTEE SHALL HAVE NO OBLIGATION TO ASSUME SUCH LIABILITY TO THE
EXTENT CAUSED BY THE NEGLIGENCE OF BURLINGTON OR ITS EMPLOYEES OR AGENTS WHERE
ASSUMPTION OF SUCH LIABILITY WOULD VIOLATE WASHINGTON LAW (RCW 4.24.115),
OREGON, IDAHO OR THE PROVINCE OF BRITISH COLUMBIA LAWS. -
8. Permittee shall not transfer or assign this permit without the written
consent of Burlington.
9. Nothing herein contained shall imply or import a covenant on the part
of Burlington for quiet enjoyment.
10. It is expressly understood and agreed that Burlington may, so long as
reasonable, at any time cancel and terminate this license and permission by
giving to Permittee thirty (30) days• written notice of its intention to cancel
the same and at the expiration of such notice this license and permission shall
terminate. Upon receipt of such notice and before the expiration thereof,
Permit tee, under the supervision and direction of the said Genera 1 Manager, or
his authorized representative, shall remove said 11 facility11 from the
right-of-way of Burlington and restore the right-of-way and premises of
Burlington in a manner and to. such condition as shall be satisfactory to the
said General Manager. If Permittee fails to remove the 11 facility11 and restore
the said right-of-way to such condition within said thirty (30) day period,
Burlington at its option may remove the same and restore the said right-of-way
to its previous condition, and Permittee shall pay to Burlington the cost and
expense thereof.
11. Upon any failure of Permittee to punctually and strictly to observe
and perform the covenants and promises made herein by Permittee to be kept and
performed, Burlington may terminate this Agreement on ten (10) d~ys 1 notice to
Permittee, remove the 11 facility11 , and restore the right-of-way to its previous
condition at the cost and expense of Permittee.
12. In the event of Permittee 1 s removal of the Pipeline from Burlington 1 s
premises, Permittee aqrees to terminate said Agreement by notifying Burlington 1 s
General Manager in writing of Permittee 1 s removal of Pipeline and termination of
said Agreement within thirty (30) days from date of removal of said Pipeline
from Burlington 1 s premises.
13. Any notices given under the provisions of this Agreement shall be good
if deposited with the United States Postal Service addressed to Permittee at
Permittee 1 s post office address above stated or as otherwise directed by
Permittee.
14. The license and permission herein granted is subject to permits,
leases and licenses, if any, heretofore granted by Burlington affecting the
premises upon which said 11 facility11 is located.
Subject to the foregoing provisions, this Agreement and all of the
covenants and promises thereof, shall inure to the benefit of and be binding
upon the parties hereto, their respective executors, administrators, successors
and assigns.
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ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY
PERMIT NO. PX91-16232 DATED December 2, 1991
The Permittee or his contractor(s) shall procure and maintain in full force
and effect during the construction period and all future maintenance or
reconstruction periods, which require the use of hehyy machinery or excavation
of soil upon BURLINGTON'S Right-of-way or wit in FIFTY (50) FEET of
BURLINGTON's tracks the following insurance: (1) Commercial General Liability
(including contractual liability) against all claims arising out of bodily
injury, illness and death and from damage to our destruction of property of
others, including loss or use thereof, and including liability of Burlington,
with minimum limits for bodily injury and property damage of $1,000,000 for each
occurrence and (2) Railroad Protective Liability Insurance for _bodily injury and
property damage, covering a 11 acts of the Permi ttee or his contractor during
construction of Permit Number PX91-16232, with standard limits of $2,000,000 per
occurrence, with an aggregate limit of $6,000,000. The BURLINGTON will be the
named insured on the Railroad Protective Liability Policy. This Policy and the
Certificate of fosurance for Genera 1 Liability must be submitted with this
Permit. -
The Railroad Protective Liability coverage may be provided by exercising one of
the two following alternatives:
(a) Permittee or his contractor(s) purchase a policy on the open market or
(b) Permittee shall have the option to participate in the Burlington Blanket
Railroad Protective Liability program by paying to Burlington in check, prior to
the commencement of any work or access under this Permit, the amount of $250.00
referencing Permit No. PX91-16232.
Prior to commencement of any work to be performed under this agreement,
Permittee shall submit to Burlington the ORIGINAL INSURANCE POLICY AS DESCRIBED
IN (A) ABOVE, WITH the Permit No. PX91-16232 shown on the declarations page.
It is understood that said insurance policy shall be so written that no
insurance company shall have any recourse against Burlington, by way of
subrogation or otherwise, for any loss covered by or paid or payable under said
policies.
R.L. ALIA COMPANY NORTHWEST BORING
Contractor Subcontractor
9215 M.L. KING WAY SOUTH 13248 N.E. 177th PL
Address Address
SEATTLE, WA 98118 ph. 722-4900 WOODINVILLE, WA 98077-8750 ph. 483:09.19.l
City, State, Zip, Phone Number City, State, Zip, Phone Number
ROGER W. BROWN III WA 25680
Project Engineer's Name
ROGER W. BROWN III WA 25680
Project Engineer's Name
If more than one Subcontractor is involved, attach additional information to
this Addendum, together with Insurance required.
NEITHER PERMITTEE, CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON.
BURLINGTON'S PROPERTY AND/OR RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF
INSURANCE HAS BEEN FORNI SHED AND APPROVED BY BURLINGTON, AND THE ROADMASTER
NOTIFIED 48 HOURS IN ADVANCE.
Questions or clarifications of insurance requirements may be directed to:
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Ms. Judith Harris
Risk Management Analyst
BURLINGTON NORTHERN RAILROAD COMPANY
777 Main Street
Fort Worth, TX 76102
Phone: 817-878-2374 FAX: 817-878-2377
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IN WITNESS WHEREOF, Burlington and Permittee have executed this Agreement
the day and year first above written.
Title:
Witnesses in presence of: METRO
(Witness~~ ~ .. c.. ~6
By: .~.It&· ~
Title: ~J~~tf ~ (Witness~
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