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HomeMy WebLinkAboutD_BNSF Maintenance Hole Chimney Repair_FINDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_BNSF Maintenance Hole Chimney Repair_FIN PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT EVALUATION FORM & DECISION DATE OF DECISION: January 23, 2024 PROJECT NUMBER: LUA24-000014, SME PROJECT NAME: BNSF Maintenance Hole Chimney Repair PROJECT MANAGER: Mariah Kerrihard APPLICANT: Ian Williams 201 S Jackson St Seattle, WA 98104 OWNER: BNSF PO Box 961089 Fort Worth, TX 76161 CONTACT: Ian Williams 201 s Jackson St Seattle, WA 98104 PROJECT LOCATION: APN 0523059003 PROJECT DESCRIPTION: The applicant is seeking a Shoreline Exemption for the repair of a section of the sewer line within Eastside Interceptor Section 1. The riser section of a maintenance hole chimney was damaged and required immediate replacement to ensure the operational status of this sewer line section. The repair took place on Parcel 0523059003, situated across the street from the Bella Vista apartments within the BNSF right-of- way. The work involved excavation to a depth of approximately 10 feet, removal of the broken riser, and installation of a new riser. To access the maintenance hole, the Wastewater Treatment Division would use an access road off Lake Washington Blvd. and would place dunnage over the tracks for transporting equipment. The Urban Conservancy Shoreline Management Area associated with Lake Washington and a Zone 2 Wellhead Protection Area Zone for Well 5A are relevant considerations. The Washington Information System for Architectural and Archaeological Records Data (WISAARD) was reviewed on 12/27/2023, indicating that the project is in an area where surveys are highly advised, and there is a very high risk of encountering archaeological resources. The project qualifies for exemption from the shoreline substantial development permit requirement under Washington Administrative Code (WAC) 173-27-040 2(B), as it falls under normal maintenance or repair of existing structures or developments. The restoration work on the maintenance hole aims to bring it to a state comparable to its original condition, encompassing size, shape, configuration, location, and external appearance. The work is not expected to cause substantial adverse effects to shoreline resources or the environment. The project site is located within the Shoreline Urban Conservancy designation and Lake Washington, Reach F. DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial Development BNSF Maintenance Hole Chimney Repair LUA24-000014, SME Permit Date: January 23, 2024 Page 2 of 3 D_BNSF Maintenance Hole Chimney Repair_FIN SEC-TWN-R: SW-5 -23-5 LEGAL DESCRIPTION: (King County Assessor) R/W SEC 5-23-5 WATER BODY/REACH: Lake Washington, Reach F EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial Development Permit is hereby Approved on the proposed project in accordance with RMC.4.9190C “Exemption from Permit System’ and for the following reasons: Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. " Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully- established condition. " Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location, and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. Staff Comment: The proposed repair of the riser would qualify as maintenance and repair of an existing structure. This proposal does not require an environmental threshold determination as it meets the following exemption criteria in accordance with WAC 197- 11-800(3) “Categorical Exemptions”: Repair, remodeling, and maintenance activities. The following activities shall be categorically exempt: The repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities, or equipment, including utilities, recreation, and transportation facilities involving no material expansions or changes in use beyond that previously existing, except that, where undertaken wholly or in part on lands covered by water, only. minor repair or replacement of structures may be exempt (examples include repair or replacement of piling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks). Staff Comment: The proposed repair of the riser would qualify as maintenance and repair of an existing structure. FINDINGS: The proposed development is: i. Consistent with the policies of the Shoreline Management Act. ii. Consistent with the City of Renton Shoreline Mater Program. DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial Development BNSF Maintenance Hole Chimney Repair LUA24-000014, SME Permit Date: January 23, 2024 Page 3 of 3 D_BNSF Maintenance Hole Chimney Repair_FIN SIGNATURE & DATE OF DECISION: _____________________________________ ______________________________ Matthew Herrera, Planning Director Date RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on February 6, 2024. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: Two (2) years from the date of decision (date signed). Attachments: Attachment 1-Site Plan and Sewer Easement Map Attachment 2- Project Narrative Attachment 3- BNSF Agreement and Easement DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 1/23/2024 | 12:47 PM PST 0523059010PARK PUBLIC (ZOO/ARBOR)COULON BEACH PARK2550 LAKE WASHINGTON BLVDRENTON, WA 98056BNSFRENTON, WA 9805605230590032296500170GRIFFIN HOME2500 LAKE WASHINGTON BLVDRENTON, WA 98056GRIFFIN HOUSE FRIENDS OF YOUTH2500 A LAKE WASHINGTON BLVDRENTON, WA 980562296500185GRIFFIN HOUSE FRIENDS OF YOUTH2500 B LAKE WASHINGTON BLVDRENTON, WA 980562296500180BELLA VISTA2100 LAKE WASHINGTON BLVD NRENTON, WA 98056229650020012345DESIGNED/DRAWN:DESIGN ENGINEER:PROJECT ENGINEER:CONTRACT NO:PROJECT DWG NO:WORK ORDER:PROJECT NO:DEPARTMENT OF NATURAL RESOURCES & PARKSWASTEWATER TREATMENT DIVISIONDATE:SHT NO / TOTALREVNO:BORDER FILE EDITION: KCWTD-Dsize-TB-Border12345EFGHBCDASCALE:REFERENCE1"0X:\projects\24-XXXX, ESI Section 2, MH15\02-Civil\24-1123630_C101.dwg | Layout: C1001PLOTTED: Dec 28, 2023-12:40:22pm By nkhamXREFS: 16-1123630xTB.dwg; 112383xPARCEL-GIS.dwg; 16-1114383xROW-GIS.dwg; 16-1114383xRW.dwg; 16-1114383xPROP-OWN.dwg; 16-1114383xSV.dwg; 16040-CL-RW-PL.dwg; 24-KCWTD-Dsize-TB-Border.dwg; 24-1114383xDS.dwg; idxp7500_locator_KEG_USAGE_2012.dwgIMAGES: al23_21n025.sid;NOREVISION DESCRIPTIONBYAPVDDATEEFGHBCDAECMS DOC NO:LOCATION CODE:EASTSIDE INTERCEPTOR SECTION 2MAINTENANCE HOLE R02-15A REPAIRDECEMBER 2023124-J. PAULSONSITE PLANC10011N. KHAMPHOUKEOJ. PAULSONJ. PAULSON1" = 50'0K. MARTINEZMH RE*ESI2.R02-16, 48"ØN. 190,079.83E 1,301,727.00IE 110.51PROJECT LOCATIONMH RE*ESI2.R02-15A, 48"ØN. 190,063.83E 1,301,686.00IE 110.48Know what'sbelow.before you dig.CallRLAKE WASHINGTONLAKE WASHINGTON BLVD. N100'SHORELINEDocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 J_ -or, 0 Not it, - Car. SUPPLEMENT TO PERMIT NO. 91653 SUPPLEMENTAL AGREEMENT, between NORTHERN PACIFIC RAILWAY COMPANY, a ^4rr Wisconsin corporation, hereinafter called Railway Company.,-and MUNICIPALITY hereinafter. called Permittee: By Permit numbered 91653 and dated June 1, 1962 Railway Company per- mitted Permittee to construct, operate and maintain certain facilities upon, its right of way and beneath its tracks in the City of Renton, King County, State of Washington. The parties hereto desire to modify said permit with respect to the description of the location of said facilities. NOW THEREFORE, the parties hereto do hereby mutually agree as follows: 1.Railway Company's map dated February 16, 1962, revised February 1, 1963, identified as Exhibit "B", attached to-and made a part of this supplemental agreement,'is substituted for the map attached to said permit. 2.As additional rental for the full term of said permit Permittee OF METROPOLITAN SEATTLE, a municipal corporation of the State of Washington, shall pay in advance the sum of twenty-five and no/100 dollars ($25.00). bla 3.As herdby amended said permit shall remain in Hill force and effect. Li.This supplemental agreement is effective as of June 1, 1962. IN WITNESS WHEREOF, the ]parties hereto helve executed this supplemental agreement in duplicate this /'._- day of ej ,1963. NORTHERN PACIFIC RAILWAY COMPANY MUNICIPALITY OF METROPOLITAN SEATTLE Board of..Commissioners . By e Chatzman Attest: Secretary DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 c STATE OF MINNESOTA ) (ss County of Ran sey ) On this day of 662v c ,19 63 , before me personally e a Vice President and to me known. to be Assistant Secretary of Northern Pacific °lway Company,.one of the corporations that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Northern Pacific Railway Company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is`the cor- porate seal of said Northern Pacific Railway Company. IN WITNESS TAEEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. :J.W. THAYE N6tary Public, Ramsey . ,Mina, My Commission Expires Nov. 17, 1964 DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 Beginnirry c fasemenf (5ecfion2) relro 5/c. 0+77t=NPQy 5/a.IIC6rCC (MP3r 832±). ^G }' lad ^^1y^, . P 8 7 it ^ D^ i-cck- ' ^ •`7:2 ' hi L. .. ^: ^3c..,• ^ M.f^3rIC.: 6 DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 .1 n 41 Kl Hl \ l1 n -/D/7'jy " RP 5TA a r TfMG "rx: EjMT Zo She 1 0. oas 232' - .f',<, f STA /4X f c L z7 D/1!ENS/GNL/4* J 4kE D,/'V N4Ji ^ <f f/=prt pr ,P,f , '//y T_Ei/iE Q Pfn W F?Jt'/'lr,t' APP4'ir,4; i 1Gr4T,GNS.;' /F;1 C/'i .Df4/v///GS. 2 3c'.i2 !'L G 1 rfG AT c 6>V/i`( Gt ,`ca"; ^! • fq MEAT nr / r ^! / f r 7;:;: =.;if CG. 1^'^ ^ ^'T ENO 96" SEfIrEP ^.__Ead of Easement (5ecf on 2) Metro 5k.89f83.18=t'LPQy 5foJ0I7t33t /6'/C^^1 ts,i r (M.P.4t423!) -J5'i r"/PC^NST L /wr EXHIBIT +'B N. P. QY Shown Red TAcoMA DIU.-BELT Liz -1l 2' t 1 1 5Ud DIV. NEAQ -Q NTON, I ,45H. . t Shown Yellow L=] Easemenf lo Municipolifyof .Vlefropolifan 5eaffle Acc'f Consfrucfion of 5ewage Disposal Projecf MP. 3+832-` fo MP. 4f 42,31! ( 5chedule r, Fast Side Interceptor-section 2) Off ice of Assistant Chief Eng'r.-5eaffle,Nash. Scale I "=200'Febr nary 16,1962 5eiVerCiost.'ny, /1f '??9 ; /1R4. 9076 PrVV/ // /y>^. DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 IRRIGATION CANAL, DRAINAGE CANAL, WATER PIPE Witnesses to signature of Permittee;:: OR SEWER PERMIT.(Permanent)R.W.3-1-65 15i RP16 Not Jt. - Car, PIPE No. 91653 Northern Pacific Railway Company,hereinafter called Railway Company, hereby permits M1U ICIP_UITY CF METROPOLITAN SEATTLE, a municipal corporation of the State of Washington, hereinafter called Permittee, to construct, operate and maintain the following facilities upon its right of way and beneath Tits tracks in King County, State of Washington,- in the City ,of Renton: Underground - sewer pipe lines 'in Government -Lots 1, 2, 3 and !t of Section 5, and Govern- ment Lots 1, 2 and 3 and the- Y^2Nud4SW- of. Section 8, Township 23 North, Range 5 East, W.M., and in Lake Washington Shore Lands in the locations shown on the Railway Company's map dated February 16, 1962, identified. as Exhibit "B", attached hereto-'and made a part here- of, rights of way for the facilities being indicated by RID color on' Exhibit "B". Also, temporary rights of way during constriction of the facilities upon those portions of the above-mentioned-subdivisions indicated by-YELLOW color on Exhibit "B". a This permission is granted upon the following terms: 1.The Permittee will pay a rental of twenty-five thousand and no/100 dollars ($25,000.00) in advance for the full term hereof, also all taxes and assessments that, may be levied or assessed against the. facilities. 2.The entire cost shall be. borne by the Permittee, including but not limited to the cost of construction, operation, mainte- nance .and removal of said facilities; the division superintendent of the Railway Company will decide what portion if any of the work will be done by the Railway Company, and for such portion the Permittee will pay the Railway Company the estimated cost before the work is done; if the actual cost exceeds the estimate, the Permittee will pay the additional amount when called upon; if the actual cost is less than the estimate, the Railway Company will repay the surplus. All work hereunder by the Permittee shall be done'in a first-class workmanlike manner to the satisfaction of the division superintendent of the Railway Company, `and in accordance with plans and specifications which he. may prescribe or approve. The division superintendent of the Railway Com- pany shall have the right at any time when in his 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 changes of location of said facilities as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade thereof, construction of a building, or for any other reason whether or not"connected with the operation, maintenance or improvement of the railroad of the Railway Company, all of which shall be done at the expense of the Per- mittee in the manner herein provided. 3.(a) . The Permittee agrees that the facilities shall not at any time damage the railroad or structures of the Railway Company, or be a menace to the safety of its operation; and to indemnify and save harmless the Railway Company from all loss and damage to its tracks, roadbed, structures, rolling stock and other property of the Railway Company and property of third persons, and from injuries to or death of persons, including employees of the parties hereto, occasioned by the exercise of the permission hereby granted. (b)The Permittee hereby further agrees to hold harmless and indemnify the Railway Company from and against any and all loss or damage to the facilities, the installation of which is hereby permitted on the premises of the Railway Company: 4.It is agreed that the provisions of Section 3 are for the equal protection of any other railroad company or companies heretofore or hereafter granted the joint use of the Railway Company's property of which the premises upon which said facili- ties are locatgd are a part. 5.The Permittee shall not transfer or assign this permit without the written consent of the Railway Company. 6.If the Permittee shall at any time cease to maintain and operate the said facilities or shall fail to perform every agree- ment of this permit, the Railway Company may forthwith terminate. this permit and may forthwith expel the Permittee from its premises; and at the end of the permit the Permittee 'will restore the premises of the Railway Company to their former state. 7.This permit is subject to existing interests of third parties in said right of way.in the event that the exercise of this permit impairs any property, including but not limited to buildings, pipe lines, iiire lines and roads, of third parties the °ermittee shall bear the cost of restoring such property to a condition at least as good as -its condition at the time of such impairment and shall so perform all work hereunder as to minimize any interruption of use of such property. (Continued on other side) 11 IN WITNESS WHEREOF the parties have executed these presents this day of V UV) Q.,19 62' tteet:- pssiscretary Northern Pacific Railway Company, B Vice Presi t T,iUNJICIPALITY Board of Come By Attest: --------------------- ------------------------------------------------ - - Chairman POLITAN SEATTLE oners 77^) DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 (Continued from other side) .8.In 'all locations where the facilities cross under tracks-the Perraittee shall comply with the Railway Company's specifications for Sewer Crossings under Railway Tracks dated November 1, 1959, a transcript of which, identified as Exhibit "A", is attached hereto and made a part hereof. In the event of construction of additional tracks over the facilities the Permittee shall, within a reasonable time after notice that such additional construction will be undertaken, comply with said specifications as to the facilities crossing under such proposed additional tracks. 9.The Perraittee shall bear the cost of: .A.All costs and expenses incurred by the Railway Company in preliminary in- vestigation, any survey work performed and cross-section and easement drawings, plans and estimates, prepared by the Railway Company in connection with construction, opera- tion, maintenance or removal. of the facilities B.Any changes, including but not limited to any temporary changes and permanent restoration, in the Railway Company's communication or signal line made necessary by the exercise of this permit. C.Such engineering inspector as the Railway Company may detail to observe con- struction of the facilities. D.All flag protection deemed necessary by the Railway Company during construction of the facilities. 10.The Railway Company reserves the right to use and to permit other parties to use the land in the above-described location for any and all purposes not inconsistent with the exercise of this permit. 11.The Perraittee agrees that any contract which it shall let for the construction of the facilities on said right of way shall provide as follows: A.The Contractor shall-indemnify and save harmless Northern Pacific Railway Company from any and all claims, suits, losses, damages or expenses.on.account of injuries to or death of any and all persons whomsoever, including the Contractor, sub- contractors, employees of the Contractor, subcontractors and of said Railway Company and any and all property damage, arising or growing out of or in any manner connected with the work performed under this contract, or caused or occasioned in whole or in part by reason of the presence of the person or of the property of the Contractor, sub- contractors, their employees or agents, upon or in proximity to the property of said Railway Company. B.The Contractor further agrees that it will defend, at its own expense in the name and on behalf of said Railway Company all claims or suits for injuries to persons or damage to property arising or growing out of the work carried on under this contract, for vinich said Railway Company is liable, or is alleged to be liable. C.The Contractor shall carry regular Contractor's Public Liability Insurance providing for a limit of not less than $500,000 for all damages arising out of the bodily injuries to or death of one person, and subject to that limit for each person, a total limit of $1,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and for a limit of not less than $500,000 for all damages arising out of damage to or destruction of property in any one accident, :and subject to that limit, a total (or aggregate) limit of f$l,000,000 for all *damages arising out of--damage to or destruction of property during the policy period. All such policies and endorsements thereto, shall be executed by a corporation qualified to write the same in the State of Washington, shall be approved by said Railway Combany as to the insurance company writing same, the-amount, form and substance thereof. The Contractor shall procure and furnish to said Railway Company, prior to the entry upon or use of said Railway Company'•s property by the Contractor, the insurance policy, or in lieu thereof a certified copy of such policy, together with an endorsement thereto, under the terms of which the insurance company insures the liability assumed by the Con- tractor hereunder, substantially in the form of Special Endorsement attached hereto and made a part hereof. • DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 STATE OF MINNESOTA ) (8• County of Raasey ) On this gn( day of appeared E.B. STANTON 3 ,19 62, before me personally to be a Vice President and o me known to be Assistant Secretary of Northern Pacific Railway Company) within and foregoing instrument) one of the corporations that executed the and acknowledged said instrument to be the free and voluntary act and deed of said Northern Pacific Railway Company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the cor- porate seal of said Northern Pacific Railway Company. IN WITNESS AiEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. lc and A. Beulk wh L W, THAYE DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 SPECIAL ENDORSErENT (Northern Pacific Railway Company) In consideration of the premium at which this policy is written, it is agreed that: 1.Any exclusion or provision appearing in this policy or in any en- dorsement attached thereto, eliminating coverage for any obligation or liability assumed by the insured under any contract or agreement or for damage or injury to or destruction of property occupied or used by, or in the care, custody or control of the insured is deleted, but only as respects that contract entered into between NITNICIPAL1TY OF METROPOLITAN SEATTLE and ,dated .and the insuring agreements are hereby extended to cover the obligations assumed by the contractor under the terms of the following provisions of said contract: "The Contractor shall indemnify and save harmless the Northern Pacific Railway Company from any and all claims, suits, losses, damages or expenses on account of injuries to or death of any and all persons whomsoever, including the Contractor, subcontrac- tors, employees of the Contractor, subcontractors and of said Railway Company, and any and all property damage, arising or grow- ing out of, or in any manner connected with the work performed under this contract, or caused or occasioned in whole or in part by reason of the presence of the person or of the property of the Contractor, subcontractors, their employees or agents, upon or in proximity to the property of said Railway Company." "The Contractor further agrees that it will defend, at its own expense, in the name and on behalf of said Railway Company, all claims, or suits for injuries to persons or damage to property arising or growing out of the work carried on under this contract, for which said Railway Company is liable, or is alleged to be liable," 2.The Northern Pacific Railway Company and any other railroad company or companies heretofore or hereafter granted the joint use of the Northern Pacific Railway Company's property are named as additional insureds under this policy, but only as respects the coverage required by the above con- tract. 3.The cancellation period provided for under this policy shall be extended to 30 days, but only as respects the coverage required by the above contract. DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 NO PACIFIC RAILWAY COMPANY EXHIBIT "A" Specifications for Sewer, Irrigation and Drain Line Crossings under Railway Tracks. 1.Sewer, irrigation or drain lines passing under railway tracks shall be placed with top of pipe not less than five feet below base of rail; and top of pipe not less than three feet below bottom of roadway ditch. 2.Pipe, within 21 feet plus the depth of pipe, shall conform with one of the following: .Cast Iron Pipe -- Extra Heavy, ASTM A-142-38. Concrete Pipe -- ASTM C-76-57T Class IV,,Wall B, circular reinforcement in circular pipe, for pipes installed with less than 15 feet be- tween top of pipe and top of tie. ASTM C-76-57T Class V, Wall C,circular reinforcement. in circular pipe, for pipes installed with greater than 15 feet.between top of pipe and top of tie. Corrugated Metal Pipe -- Gauge and coating subject to review by Railway Company. Other pipe material may be used on special approval of the Railway Company. 3. For a distance of not less than 21 feet plus the depth of pipe each side of the center- line of track crossings, the joints in the pipe line shall be provided with suitable jointing material to make a water-tight connection and of such material that these joints will remain tight under roadbed loads and impact. 4.Irrigation pipe line crossings and syphons shall be provided throughout their length with water-tight joints capable of resisting the hydrostatic pressure under which they are to operate. Either lock joint, copper strip, or rubber band type of standard make will be satisfactory for concrete pipe syphon. Plans for syphons which are to operate at greater than a pressure of ten pounds per square inch shall be subject to special review by Railway Engineering Department. 5.Under certain conditions the Railway Company may require the use of an encasement pipe around the carrier pipe. 6.Where warranted by special local conditions the Railway Company may require an emergency by-pass or waste-way within effective distance of the crossing. 7.Where laws, codes, or orders of competent public authority prescribe a higher degree of protection than specified herein, then the higher degree of protection so prescribed shall be deemed a part of the specifications set forth in this Exhibit. I <<Subgrade H 3H ransition Cut-Off Wall 5'Min.-emote t f^SyPhon Grossing i -3 Min.Water Tight Joints c farrier Pipe -D -----2t'--I ^---- 21' Provide Water Tiqht Joints 4 Extra Strength Pipe See Notes 2,3.4 TYPICAL SKETCH OF PIPE LINE GROSSING FOR SEWER, DRAIN, OR IRRIGATION LINES 0- Office of Chief.Engineer St.Paul, Minnesota November 1, 1959. DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 1114.32.1 crH. Au,. N $w Beginnit 9 of Eesemeri (5eciion2) , !'roSic.Ot;T_=h:p,2y5:0.1106100_'' (M.P. 3t 832=)pi `d li7 1311f ^'^11 ^ ,c.. ';;rcck-hi L.5ic DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 a .)"s CA\ Kl Cis b ^S/or ' Z/4't S Air ^;1=' LJ QF iP.P ellw m 5 5 7 f ? ,4T CrH/ PENT %L--"S EDGE Shown Red !"1r 4'Z Shown Yellow u (M.P. 4,4231) ,^XHIBI T "^ ^ NP. Rr. TACOMA Di v -BFLT Lwc-11 rK Sus. DIY NEA2 -^^NTON, SASH. faserrrenf to Murzlci a'Iiiy of 1Yle:ropollfon 5eoffle Acct Consfrucfrorr of 5ewoge Disposal Profecf MP. 3'632-`fo MP. 41-42.31-t C Schedule 1, Easf Side Infercepfor 5ecflon 2) Office of Assisthrrf Chief Errg'r.-5eaffle,Wosh. Scale : I"= 200'Feb: nary 16,1962 /0/7,L..33-''e? S-5-7-A END 96 " sEMff' J4 C77 iv" 2 457 5/9 IAT22 Endo Easerrienf (5ecflorr 2) Mefro 5fc.59,8-115 =1LP. QY 5fc.1017t33t DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 Department of Natural Resources and Parks Wastewater Treatment Division Environmental Services King Street Center, KSC-NR-0505 201 South Jackson Street Seattle, WA 98104-3855 C R E ATIN G R E S O U R C E S F R O M W A S T E W A T E R December 28, 2023 TO: Katherine Fischer, Environmental Programs Managing Supervisor, Environmental Services Unit FM: Jessica Conquest, Environmental Planner RE: SEPA Determination for Maintenance Hole Chimney Repair The Environmental Services Unit has reviewed the above referenced project to determine the appropriate environmental review process under the State Environmental Policy Act (SEPA). Based on the project description provided by the Project Manager and summarized below, we find that the project is: (X) Categorically exempt under SEPA – no further environmental review required ( ) Not categorically exempt under SEPA – threshold determination required ( ) Other In the event that the project description changes, the appropriate environmental review process should be reconfirmed. Project Description There is a section of sewer line within the Eastside Interceptor Section 1 (RE*ESI2.RO2-15A) that needs to be repaired. The riser section of a maintenance hole chimney is broken and needs to be replaced as soon as possible to ensure this section of sewer line is operational. The proposed repair is located on Parcel 0523059003 in Renton, Washington, across the street from the Bella Vista apartments (2100 Lake Washington Blvd N) within the BNSF right-of-way. Work would include excavation to approximately 10 feet in depth, removal of the broken riser, and installation of a new riser. To access the maintenance hole, WTD would utilize an access road off of Lake Washington Blvd and would place dunnage over the tracks for transporting equipment. DocuSign Envelope ID: 2FB8D83F-10AF-49ED-9575-170BEA15239EDocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 Katherine Fischer 12/28/2023 Page 2 of 3 The maintenance hole is located within an Urban Conservancy Shoreline Management Area associated with Lake Washington (Lake Washington Reaches (LW-F)), as well as a Zone 2 Wellhead Protection Area Zone for Well 5A. The Washington Information System for Architectural and Archeological Records Data (WISAARD) was reviewed on 12/27/2023 and the predictive model indicated that the project is in an area where surveys are highly advised and there is a very high risk for encountering archaeological resources. The project is exempt from the shoreline substantial development permit requirement under Washington Administrative Code (WAC) 173-27-040 2(B), normal maintenance or repair of existing structures or developments. Work to restore the maintenance hole would bring it to a state comparable to its original condition, including but not limited to its size, shape, configuration, location, and external appearance. The work would not cause substantial adverse effects to shoreline resources or environment. Work within the Wellhead Protection Area is exempt under Renton Municipal Code 4-3-050C- 3h. The municipal code defines emergency activities as “those which are undertaken to correct emergencies that threaten the public health, safety and welfare. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this Section, to avoid an immediate threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation.” The riser needs to be repaired immediately because if the chimney collapses, surrounding sediment would cave in, which could potentially cause a blockage in the sewer and would undermine the nearby BNSF railroad tracks. This would pose an imminent danger to private property. Nearby groundwater wells indicate that the groundwater is over 40 feet deep, and therefore it is unlikely that this work would reach groundwater. The contactor will be required to utilize a Health and Safety Plan that includes best management practices for ensuring safe storage of any hazardous materials and avoidance of any hazardous spills or leaks onsite during construction. No offsite fill will be used for this work. Soils excavated for access to the riser will be used as fill. Because the work proposed will be done well above the pipeline, there is no risk of sewage spills or leakage associated with construction activities to replace the riser. The riser that will need to be replaced is approximately 6 to 8 feet below ground surface. King County’s Historic Preservation Program staff reviewed the project on 12/28/2023 and determined that no archaeological investigations are necessary for project activities as long as work crews are trained in recognizing archaeological materials and in the appropriate procedures they shall follow in the event any such materials are discovered during the project. The work is taking place in previously disturbed ground that is cut into a glacial slope, and no known archaeological sites are in the immediate vicinity (except for the railroad grade, which will remain untouched). The Environmental Services Unit will provide the project team with an Inadvertent Discovery Plan to submit to the contractor. DocuSign Envelope ID: 2FB8D83F-10AF-49ED-9575-170BEA15239EDocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 Katherine Fischer 12/28/2023 Page 3 of 3 SEPA Finding The project is exempt from further SEPA review per WAC 197-11-800(3) Repair, remodeling and maintenance activities. I concur with the staff review and finding for this project. ____________________________________________________ Environmental Programs Managing Supervisor, Environmental Services Unit cc: Mike Sands, Project Manager DocuSign Envelope ID: 2FB8D83F-10AF-49ED-9575-170BEA15239EDocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 Certificate Of Completion Envelope Id: 2FB8D83F10AF49ED9575170BEA15239E Status: Completed Subject: Complete with DocuSign: SEPA CatEx_Maintenance Hole Riser 122823.doc Source Envelope: Document Pages: 3 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 0 Katherine Fischer AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 401 5TH AVE SEATTLE, WA 98104 katherine.fischer@kingcounty.gov IP Address: 67.160.85.110 Record Tracking Status: Original 12/29/2023 8:49:21 AM Holder: Katherine Fischer katherine.fischer@kingcounty.gov Location: DocuSign Security Appliance Status: Connected Pool: FedRamp Storage Appliance Status: Connected Pool: King County-Dept of Natural Resources & Parks-Wastewater Treatment Location: DocuSign Signer Events Signature Timestamp Katherine Fischer katherine.fischer@kingcounty.gov Environmental Services Supervisor KC WTD Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.160.85.110 Sent: 12/29/2023 8:50:24 AM Viewed: 12/29/2023 8:50:33 AM Signed: 12/29/2023 8:50:38 AM Electronic Record and Signature Disclosure: Accepted: 8/18/2020 12:18:34 PM ID: 5baefb8c-a32d-4127-b672-210f2b18aece In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jessica Conquest jconquest@kingcounty.gov Security Level: Email, Account Authentication (None) Sent: 12/29/2023 8:50:24 AM Viewed: 12/29/2023 9:09:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/29/2023 8:50:24 AM Certified Delivered Security Checked 12/29/2023 8:50:33 AM Signing Complete Security Checked 12/29/2023 8:50:38 AM DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 Envelope Summary Events Status Timestamps Completed Security Checked 12/29/2023 8:50:38 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County-Department of Natural Resources and Parks-Wastewater Treatment (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/25/2020 6:57:10 AM Parties agreed to: Katherine Fischer DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. 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DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 .. . , .; 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 ~~ ::-.. ·-'7" ' ' :J . .· ;1, h, i \\ ,,, ! 'V..A ' A nov149ld222 DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 . .• ·11 . . , ., · . ... ~· 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 facility 11 , 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 11 facility 11 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 facility 11 , 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 facility 11 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 facility 11 , 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 facility 11 , 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 novl49!d222 i~ '.\u.··,·/ ) \\.,Y / ~"-, . .--' ,; DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 . . r . " ., .. : 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 facility 11 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 facility 11 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 facility 11 , 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 facility 11 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. nov149ld222 DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 .. . .. " ... 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: nov1491d223 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 DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 .. .. 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~ ·>""~ '.?~· ... · .\ ' . . .,· ' nov149ld222 DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 Page 1 of 1 10/12/2016http://www.pdfescape.com/open/RadPdf.axd?rt=c&dk=06D0DBE4y7zFbO_hpO_s22Ikwkn5FaOL6&pc=1&m... DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 .. . , .; 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 ~~ ::-.. ·-'7" ' ' :J . .· ;1, h, i \\ ,,, ! 'V..A ' A nov149ld222 DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 . .• ·11 . . , ., · . ... ~· 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 facility 11 , 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 11 facility 11 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 facility 11 , 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 facility 11 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 facility 11 , 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 facility 11 , 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 novl49!d222 i~ '.\u.··,·/ ) \\.,Y / ~"-, . .--' ,; DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 . . r . " ., .. : 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 facility 11 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 facility 11 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 facility 11 , 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 facility 11 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. nov149ld222 DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 .. . .. " ... 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: nov1491d223 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 DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 .. .. 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~ ·>""~ '.?~· ... · .\ ' . . .,· ' nov149ld222 DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428 Page 1 of 1 10/12/2016http://www.pdfescape.com/open/RadPdf.axd?rt=c&dk=06D0DBE4y7zFbO_hpO_s22Ikwkn5FaOL6&pc=1&m... DocuSign Envelope ID: 72E8A615-08AF-4CC8-823C-4D8EC8383428