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HomeMy WebLinkAboutContract Page 1 of 21 This Document prepared by and when recorded return to: Olympic Pipe Line Company LLC Right of Way Department 600 SW 39th Street, Suite 275 Renton, WA 98057 PERMITTED FACILITIES AGREEMENT DATE: May __, 2021 GRANTOR: Olympic Pipe Line Company LLC 600 SW 39th Street, Suite 275 Renton, WA 98057 GRANTEE: Pulte Homes of Washington, Inc. 3535 Factoria Blvd. SE, Suite 600 Bellevue, WA 98006 City of Renton 1055 S. Grady Way Renton, WA 98057 LEGAL: Tax Parcel Number(s): 042305-9142-04 Abreviated Legal: Lot(s): Ptn NE 1/4, Sec. 4, T23N, R5E, W.M., King County Olympic File: 3676 & 3677_KI-170: Database: 10761 REFERENCE: 5722998 and 7301150410 RECITALS A. Olympic Pipe Line Company LLC, a Delaware limited liability company (hereinafter called “OLYMPIC”), is the present owner of a right of way and easement (hereinafter called the “Easement” whether one or more), in, over, through, under and across the following described parcel of land in King County, Washington: See Exhibit A Attached hereto; Page 2 of 21 James Vandermay and Marion Vandermay, to OLYMPIC, its successors and assigns, dated April 2nd, 1964 and recorded April 14th, 1964, as Document 5722998 in the Office of the Auditor of King County, Washington. James Vandermay and his wife Marion Ann Vandermay, to OLYMPIC, its successors and assigns, dated December 30th, 1972 and recorded January 15th, 1973, as Document 7301150410 in the Office of the Auditor of King County, Washington. B. Pursuant to the Easement, OLYMPIC owns, maintains and operates a pipeline or pipelines with equipment, appurtenances and apparatus thereto, if any (hereinafter collectively called “Pipeline”) within the Easement; and C. Pulte Homes of Washington, Inc. (“DEVELOPER”) and City of Renton (“CITY”) (when referred together hereinafter called “PARTIES”) has subsequently acquired title to a tract (whether one or more) of land legally described in Exhibit B attached hereto and made a part hereof, being all or a part of the same land covered by the Easement; and D. DEVELOPER and CITY have requested OLYMPIC to consent to certain improvements including the installation of: • Proposed addition of approximately 2.6’ of grade above the 16” pipeline and 3.7’ of grade above the 20” pipeline at the northern edge of NE 27th Place. • Proposed construction of a permanent asphalt road, NE 27th Place, including a concrete sidewalk crossing above the Olympic pipelines to serve the residential subdivision. • Proposed installation of a 12” LCPE storm drain crossing below the 16” and 20” pipelines along the South side of NE 27th Place via the open cutting method. • Proposed installation of an 8” DI water amin in an 18” PVC casing crossing below the 16” and 20” pipelines under NE 27th Place via open cutting method. • Proposed installation of an 8” PVC sanitary sewer crossing below the 16” and 20” pipelines along the South side of NE 27th Place via the open cutting method. • Proposed installation of two 2” PVC lighting conduits crossing below the 16” and 20” pipeline along NE 27th Place via the open cutting method. • Proposed installation of a rock line drainage berm crossing above the 16” and 20” pipelines on the South side of NE 27th Place via open cutting method. • Proposed installation of a 2” HDPE/PVC gas line and three 2” HDPE/PVC telecommunication/power lines crossing below the 16” and 20” pipelines along the south side of NE 27th Place via the open cutting method. Page 3 of 21 Said improvements (hereinafter called "Permitted Facilities"), would be located within the Easement. NOW, THEREFORE, in reliance on the above recitals and the mutual covenants herein contained, notwithstanding any of the provisions of the Easement which prohibit such construction within the Easement, OLYMPIC hereby consents and agrees, insofar as it has the lawful right so to do, to the construction and maintenance of the Permitted Facilities within the Easement, subject to the following terms and conditions: 1) OLYMPIC has the right to remove portion(s) of the Permitted Facilities as necessary in OLYMPIC’s sole discretion in the exercise of its rights under the Easement. After OLYMPIC has completed any work necessitating the removal of the Permitte d Facilities or any portion thereof, PARTIES shall be responsible, at the sole cost and expense of PARTIES, for replacing and repairing the Permitted Facilities, subject to the terms and conditions of this Agreement, OLYMPIC shall not be responsible for any damage to the Permitted Facilities and/or for any costs associated with the replacement or repair thereof, and PARTIES release OLYMPIC from all costs, losses or damages directly or indirectly arising from OLYMPIC’s removal of portions of the Permitted Facilities. 2) For the period of time spanning all project construction, including that period of time following construction where project performance and maintenance bonds are active with the CITY, to the fullest extent authorized by applicable law, DEVELOPER hereby agrees to defend and fully indemnify and hold harmless OLYMPIC, CITY, and each of their members, agents, employees, and affiliates from and against any and all claims, demands, liens, causes of action, damages, suits, costs, losses or expenses of any kind or character, including reasonable expert and attorneys’ fees (collectively, “Claims”), arising out of or in any way connected with DEVELOPER or its agents’ or subcontractors’ actions, conduct (including its refusal to act where there is a duty to do so), or activities contemplated by or performed pursuant to or as a result of this Agreement, including, but not limited to, any claims relating to (a) injury, or death of persons (including any OLYMPIC or CITY employee, contractor or subcontractor), (b) damage to or loss of any property (including that of OLYMPIC, CITY and any OLYMPIC or CITY employee, contractor or subcontractor), or (c) harm to the environment. To the extent that DEVELOPER may be immune from any liability under or by virtue of any applicable industrial insurance or workers’ compensation statute, DEVELOPER agrees to waive such immunity to the extent such immunity would oth erwise extend to its indemnification duty under this Agreement. DEVELOPER agrees that its duty to fully indemnify and defend OLYMPIC and CITY shall not be affected if it is alleged or proved that the loss covered by this indemnity was in part caused or contributed to by the fault or negligence of OLYMPIC, CITY, or their agents or subcontractors; except, however, DEVELOPER shall have no obligation to indemnify OLYMPIC for any loss caused by OLYMPIC’s sole negligence or willful misconduct or CITY for any loss caused by CITY’s sole negligence or willful misconduct. 3) For the period of time after the time period described in Section 2, to the fullest extent authorized by applicable law, PARTIES hereby agree to defend and fully indemnify Page 4 of 21 and hold harmless OLYMPIC and each of its members, agents, employees, and affiliates from and against any and all Claims arising out of or in any way connected with PARTIES’ or their agents’ or subcontractors’ actions, conduct (including their refusal to act where there is a duty to do so), or activities contemplated by or performed pursuant or as a result of this Agreement, including, but not limited to, any claims relating to (a) injury, or death of persons (including any OLYMPIC employee, contractor or subcontractor), (b) damage to or loss of any property (including that of OLYMPIC and any OLYMPIC employee, contractor or subcontractor), or (c) harm to the environment. To the extent that PARTIES may be immune from any liability under or by virtue of any applicable industrial insurance or workers’ compensation statute, PARTIES agree to waive such immunity to the extent such immunity would otherwise extend to their indemnification duty under this Agreement. PARTIES agree that their duty to fully indemnify and defend OLYMPIC shall not be affected if it is alleged or proved that the loss covered by this indemnity was in part caused or contributed to by the fault or negligence of OLYMPIC or its agents or subcontractors; except, however, PARTIES shall have no obligation to indemnify OLYMPIC for any loss caused by OLYMPIC’s sole negligence or willful misconduct. With respect to the obligations under this Section 3, CITY and DEVELOPER agree to apportion their respective liabilities based on the relative interest each may have in the improvements and real property upon which the underlying Claim occurred. 4) All costs and expenses for constructing, operating, maintaining and removing the Permitted Facilities shall be borne solely by PARTIES, its successors and assigns. 5) DEVELOPER agrees to be liable to OLYMPIC for any loss (including economic loss) OLYMPIC may incur and for any injury or harm DEVELOPER may cause to OLYMPIC’s pipelines and facilities within the Road Right of Way only during the installation of the Permitted Facilities. 6) DEVELOPER shall not commence with any excavation or construction without first contacting the local “One-Call” utility locating service at least 48 hours (two working days) prior to initiating any excavation or construction activities so OLYMPIC can arrange to have a representative present when PARTIES or its contractor are performing activities contemplated under this Agreement. 7) OLYMPIC may, at its sole discretion, elect to have a representative on site when DEVELOPER or its contractor are performing activities contemplated under this Agreement and DEVELOPER herein acknowledges that OLYMPIC’s representative shall have full authority to stop any of DEVELOPER’s excavation or construction related activities if OLYMPIC’s representative, in his/her sole discretion, feels DEVELOPER’s activities could result in damage to OLYMPIC’s Pipeline. 8) DEVELOPER shall immediately cease work and notify OLYMPIC if OLYMPIC's Pipeline is struck by any means of earth disturbing equipment so OLYMPIC can inspect its Pipeline, and if required, make all necessary repairs. Page 5 of 21 9) DEVELOPER shall require its contractor to follow the general excavation and construction requirements outlined in Exhibit C; attached hereto, and the terms outlined in the Approval Letter a copy of which is attached Exhibit D when performing activities contemplated under this Agreement. 10) OLYMPIC will notify PARTIES, its successors or assigns, Renton Regional Fire Authority, and Emergency Medical Services 48 hours in advance of any work to occur near or on CITY facilities, including, but not limited to, potential interruptions of utilities services caused by excavation or closures of the street and sidewalks. CITY may, at its sole discretion, elect to have a representative on site when OLYMPIC or its contractor are performing activities. 11) CITY shall have the right to repair and maintain the CITY’s facilities within the agreement area. CITY will notify OLYMPIC a minimum of 48 hours in advance of a ny scheduled work (or such shorter period as may be reasonable in the event of an emergency situation). All notices shall be sent by United States registered or certified mail, return receipt requested, and shall be addressed to the parties at the address first mentioned above or at such other address as the parties may direct. The Easement shall remain in full force and affect except as modified and changed by this Agreement. If any one or more of the provisions of this Agreement, or the applicability of any such provisions to a specific situation shall be invalid or unenforceable, the validity and enforceability of all other applications of such provisions shall not be affected. The covenants contained in this Agreement shall be appurtenant to each respective parcel of land as described in Exhibit A and B, shall constitute covenants running with the land and shall be binding upon and insure to the benefit of the parties hereto, their personal representatives, heirs, successors, and assigns. IN WITNESS WHEREOF, the parties hereto separately and severally have caused this AGREEMENT to be executed in their respective names by and through their duly authorized representatives, as of the day and year first above written. [Signature Pages to Follow.] Page 6 of 21 Olympic Pipe Line Company LLC __________________________________ Signature __________________________________ Print Name __________________________________ Title ACKNOWLEDGMENT STATE OF ) ) § COUNTY OF ) Before me, , a Notary Public in and for said County and State, on this day personally appeared __________________________, who is the ___________________________ for Olympic Pipe Line Company LLC, a Delaware limited liability company, on behalf of said entity and acknowledged to me that he executed said instrument for the purposes and consideration therein expressed and as the act of said corporation. Given under my hand and seal of office this ______ day of ________________________, 2020. By: Notary Public My Commission Expires: City of Renton Mayor Armondo Pavone ATTEST: ,oF REN Teti Jason A. Seth, City Clerk �_ P•� _* June 30, 2021 4 ' ,�coRaoxa`6c Title ACKNOWLEDGMENT STATE OF Washington ) § COUNTY OF King Before me, Cynthia R. Moya a Notary Public in and for said County and State, on this day personally appeared Armond Pavone , who is the Mayor , of City of Renton and acknowledged to me that he/she executed said instrument for the purposes and consideration therein expressed and as his/her free act and deed. Given under my hand and seal of office this 30th day of June , 2021. \\\\\1\\\111111 27 V.=i ?osARy, ,� Nota ublic to u 57822 s Z '�'� ,,06�•, O r My Commission Expires: - . OF W Page 8 of 21 Page 9 of 21 Exhibit A The following described property situated in the County of King, State of Washington: The North half of the following described tract: The East half of the Northeast quarter of Section 4, Township 23 North, Range 5 East, W.M., EXCEPT the South 1320 feet thereof; and EXCEPT the following: Beginning at the Northeast corner of Section 4, Township 23 North, Range 5 East, W.M.; thence 190 feet Westerly along the North line of Section 4; thence South 216 feet; thence along the Northeasterly margin of the old County road #431 to a point on East line of said Section 341 feet South of the Northeast corner of Section 4; thence North 341 feet to point of beginning. Page 10 of 21 Exhibit B The following described real estate, situate in the County of King, State of Washington, together with all after acquired title of the Grantor therin: Legal Description: The North half of the following described tract: The East half of the Northeast quarter of Section 4, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the South 1320 feet thereof; and EXCEPT the East 190 feet of the North 300 feet; and EXCEPT roads. Page 11 of 21 Exhibit C BP Pipelines (North America), Inc. 30 South Wacker Drive Suite 900 Chicago, IL 60606 BP PIPELINES (NORTH AMERICA) INC. / OLYMPIC PIPE LINE COMPANY GENERAL DESIGN & CONSTRUCTION STANDARDS BP Pipelines (North America) Inc. (hereinafter referred to as “BP”) is committed to environmental stewardship and maintaining the safety of its employees, contractors, and the general public. BP operates pipelines that safely transport various liquids and gasses at high pressure (including, for example, those of the Olympic Pipe Line Company). Construction or excavation work that is performed near pipelines has the potential to be hazardous. As a result, the United States Department of Transportation and the Office of Pipeline Safety regulate such activities. BP has prepared the following list of general standards for working on pipeline rights-of-way. General Safety Requirements ● Any person who intends to conduct work within a pipeline right-of-way (“Requestor”) is required to first call 811, the national “One-Call” number, at least 48 hours (2 working days)* before any construction and/or excavation activities are initiated within the pipeline right-of-way. Alternatively, depending on the state, a Requestor may make a notification online at http://call811.com/811-your-state. BP may have a representative present to ensure that there are no conflicts with the pipeline as a result of the work. There is no cost to use the One-Call Notification service. However, failure to utilize the One-Call service is a violation of regulatory requirements and may subject the offender to potential civil penalties** and damages for personal injury and/or destruction of property. *Some states require additional advance notice. For example, Michigan and Tennessee each require 72 hours (3 working days) prior notice. **For example, refer to Washington State RCW 19.122.030 and Oregon State OAR 952-001-0050 ● To have the pipeline physically located and its depth verified, please contact a BP Right of Way Agent at BPPipelinesROW@bp.com. ● BP requires its representative to be on site when any work is being performed within 25 feet of the pipeline(s) or when the reach of mechanized equipment is capable of extending within twenty five feet of the pipeline(s). BP requires forty-eight (48) hours’ (2 working days) prior notice of any work. Notice to BP does not relieve any Requestor of its obligation to contact the appropriate state One-Call system. ● The Requestor is responsible for taking all necessary safety precautions and will be held responsible for any damages to property or for personal injury caused by the work. Page 12 of 21 Submitting Plans and Requests to BP Any proposed project or development that is located in close proximity to BP’s pipelines is of concern due to the potential adverse impact to the pipeline’s operation and integrity. BP strongly discourages any request to encroach upon the right of way, easement areas, leased premises or owned properties, whether such areas belong solely to BP, or are BP joint venture locations. If a Requestor has plans or proposals for development, modification or change in use of land, or of land adjacent to where BP has existing real property interests, BP will review those plans and proposals; however, BP’s engagement on these issues should not be construed as BP’s approval of a request to encroach upon BP’s real property interests. Any time or costs the Requestor incurs or expends in connection with BP’s review of such plans and proposals are the Requestor’s sole responsibility. Requestors must have the pipeline location and depth added to their plans and drawings. To avoid project delays, Requestors should submit their plans to BP during the initial planning stages of the project. Plans and drawings should be sent to BP Pipelines (North America) Inc., Attention: Right of Way Department, 30 South Wacker Drive, Suite 900, Chicago, Illinois 60606. Compliance with BP’s General Design & Construction Standards does not guarantee BP’s final approval of any project. These are considered minimum standards. Each request will be assessed on a case-by- case basis and additional project-specific requirements may apply. In order to obtain final approval of your submitted project design (or any component thereof), all Requestors must obtain a fully-executed Permitted Facilities Agreement and Engineering Approval Letter (or other form of fully-executed written agreement appropriate for the proposed encroachment or work activity). Only a BP management employee with the appropriate level of authority is authorized to grant such approval and execute such documents on BP’s behalf. Any verbal approval that a Requestor may receive from a contractor, subcontractor or other party does not constitute the required final approval from a BP management employee. If, after fully-executed written BP approval is appropriately granted, any drawings or designs are updated or changed, the final approval is invalidated and the Requestor must send the new plans to BP for further review and written approval. Subdivision Planning ● Neither residential nor commercial lot lines should be placed on the right-of-way. In cases where it is impossible to locate such lot lines outside of the right-of-way, lot lines shall under no circumstances be placed on the pipeline. Any portion of the lot line within a BP right-of-way should be used only as a green space. General Construction Activities ● To gain access to the job site, the contractor shall submit a plan indicating where construction equipment will cross the pipeline, the depth of the pipe at the crossings, any proposed ramping over the pipeline, and the following specifications for the equipment: type and fully loaded weight of equipment; for tracked equipment – track shoe width and length of track on ground; for wheeled equipment – number of axles (single or tandem axles). BP will perform a stress factor calculation to determine if the equipment can safely cross the pipeline. If crossing of the pipeline is allowed, special measures may need to be taken to ensure the integrity of the pipeline. Page 13 of 21 ● To gain access to the job site, the contractor shall submit a plan indicating where construction equipment will cross the pipeline, the depth of the pipe at the crossings, any proposed ramping over the pipeline, and the following specifications for the equipment: type and fully loaded weight of equipment; for tracked equipment – track shoe width and length of track on ground; for wheeled equipment – number of axles (single or tandem axles). BP will perform a stress factor calculation to determine if the equipment can safely cross the pipeline. If crossing of the pipeline is allowed, special measures may need to be taken to ensure the integrity of the pipeline. ● The contractor shall not transport construction materials or equipment longitudinally over the pipeline. Where it is necessary for construction equipment (i.e., tractors, backhoes, dump trucks, etc.) or equipment transporting construction materials to cross the pipeline, the crossing of the pipeline right-of-way shall be at, or as near to, a 90˚ angle as is feasible. ● No track type construction equipment shall be permitted to pivot or turn directly over the top of the pipeline. ● A scraper or pan type tractor shall not be used for removal of soil within ten feet (10’) of the centerline of the pipeline. Rubber tire or small track type equipment is an acceptable alternative. ● A sheepsfoot roller shall not be used for compaction purposes within five feet (5’) of, or directly above, the centerline of the pipeline. ● No vibratory rollers shall be used within three feet (3’) of the centerline of the pipeline until the compacted cover over the pipeline has reached a depth of three and one-half feet (3 ½’). Excavation Requirements ● No excavation or construction activity will be permitted in the vicinity of a pipeline until all appropriate communications have been made with BP’s field operations and the Right-of-Way Department. A formal engineering assessment may be required. ● No excavation or backfilling should occur within the pipeline right-of-way for any reason unless prior permission is obtained from BP personnel who are on-site and can review the work. ● Any excavation within two feet (2’) of the pipeline shall be done by hand, or by other non- mechanical means as approved by BP personnel who are on-site and can review the work. Structures, Parking Lots, Roads, Driveways, and Fences ● No permanent structures may be constructed on/within/overhanging the pipeline right-of- way (permanent structures shall include, but not be limited to, swimming pools, sheds, fences, earthen berms, bike paths, etc.) Any aboveground structure should be located as far as possible from the pipeline, and it is strongly recommended that none be located within 30’ of the pipeline; this provides BP needed access for ongoing maintenance and potential emergency response. (Requestors must inform the BP Right-of-Way Department as to how close the structure will be to the pipeline right of way, even if the structure itself is off the pipeline right-of-way). ● For any proposed occupied buildings within 50’ of the pipeline, for your consideration, please be advised that US Code of Federal Regulations 195 governing the construction of Page 14 of 21 hazardous liquid pipelines states, “no pipeline may be [installed] within 50 feet of any [existing] private dwelling[,] industrial building or place of public assembly in which persons work, congregate, or assemble, unless” the pipeline has 48” of cover. Thus, it is strongly recommended that the 3rd party ensures any hazardous liquid pipeline within 50’ of an occupied building has a minimum 48” of cover. This minimum depth of cover is intended to provide increased protection of the pipeline and public in areas of public activity. ● No portion of canopy, building overhang, etc. shall be allowed over the pipeline right-of- way. ● For proposed utility structures within public ROW adjacent to BP pipeline: o No utility structures (including, but not limited to, manholes or catch basins) shall be located over the pipeline. A minimum horizontal clearance of twenty-five feet (25’) is required between the structure and the pipeline. o There shall be a minimum vertical separation of two feet (2’) between the pipeline and any underground utility structure constructed on the pipeline right-of-way, regardless of horizontal clearance. ● Development grading should not remove any of the existing ground cover from, nor add fill over the pipeline(s). Any request to increase the cover above BP’s pipeline, with the exception of meeting the required clearance for a road crossing, must be brought immediately to BP engineering’s attention for discussion. Please note: clearing a paved lot (e.g., a parking lot), is not considered a road crossing. ● All permanent driving surfaces shall cross the pipeline right-of-way at, or as near to, a 90˚ angle as is feasible. In no instance shall the angle of the crossing be less than 45˚. ● For proposed road crossings and driveways BP will perform a stress factor calculation to determine the amount of cover required over the pipeline. Under no circumstances shall cover be less than the following: a) five and one half feet (5.5’) for all road crossings and commercial driveways, and b) three feet (3’) for residential driveways. ● A minimum of four feet (4’) of cover is required for all drainage ditches. ● Proposals for parking lot construction on the pipe line right-of-way are discouraged and should be limited to the same encroachment impact as would a 4 lane road. Any proposals must include green spaces above the BP pipeline to allow for required visual inspections of the rights- of-way and routine measurements. ● Concrete pavement is discouraged, especially reinforced concrete; and in most instances will not be allowed. This is to prevent exposing the pipeline to stresses related to impact forces associated with breaking concrete. ● Requests for fence installation within the easement shall be reviewed on a case-by-case basis and any permitted fence install must allow for 24/7 access by BP operations to the pipeline ROW Page 15 of 21 Foreign Line or Utility Crossings ● All foreign lines shall cross the pipeline right-of-way at, or as near to, a 90˚ angle as is feasible. In no instance shall the angle of the crossing be less than 45˚. ● In no instance shall the foreign line be placed parallel to the pipelines right-of-way. ● The foreign line shall cross under the pipeline with at least two feet (2’) of vertical separation (three feet (3’) for fiber optics). ● If the foreign line is a telecommunications cable, power cable, or similar in nature, the foreign line shall be placed in a Schedule 40 PVC conduit, or greater, for a linear distance extending ten feet (10’) on either side of the centerline of the pipeline. The entire length of carrier pipe shall either be encased in concrete, or shall have a concrete cap placed on top of it. However, if the method of installation is bore, and concrete is impractical, then the utility shall be placed in HDPE. ● If the foreign line is a metallic pipeline, or similar in nature, the foreign line shall be coated with a suitable coating for a distance of at least fifty feet (50’) on either side of the centerline of the pipeline. The foreign line owner, operator, or their contractor, shall install cathodic protection bonds and potential test leads to the foreign line at the crossing location and terminate the leads at an above-ground location as identified by BP’s on-site representative. BP will install the test leads on BP’s pipeline. ● Below-ground precautionary flagging (warning tape) shall be placed in the ditch line above the foreign line. The warning tape shall be placed approximately one foot (1’) below the final surface grade/elevation. The warning tape shall extend for a linear distance of ten feet (10’) on either side of the centerline of the pipeline. Landscape and Vegetation ● Trees and deep-rooted shrubbery are not allowed on the pipeline right-of-way. BP may permit the installation of limited landscaping and minor shrubbery plantings with written communication and/or documentation. For a major development, landscaping plans must first be submitted in writing to BP for review and approval. Any plantings that restrict efficient aerial inspection or limit access to the easement area will be considered an interference and will not be allowed. ● Development grading should not remove any of the existing ground cover from, nor add fill over the pipeline(s). Any request to increase the cover above BP’s pipeline, with the exception of meeting the required clearance for a road crossing, must be brought immediately to BP engineering’s attention for discussion (to be clear a paved lot, e.g. a parking lot, is not considered a road crossing). Requestors anticipating problems complying with these requirements should contact BP’s Right of Way Agent at BPPipelinesROW@bp.com. If, in the exercise of the pipeline easement rights, any “Permitted Facility” is damaged, disturbed or otherwise interfered with, BP and/or the pipeline easement owner shall be held harmless from and against any and all claims of whatsoever kind and nature which might be associated with or derived from such damage, disturbance or interference. Page 16 of 21 Exhibit D bp BP Pipelines (North America) Inc. 30 South Wacker Drive Suite 900 Chicago, IL 60606 September 17, 2020 Pulte Homes Attn: Ryan Kohlmann 3535 Factoria Blvd SE Suite 110 Bellevue, WA 98006 ryan.kohlmann@pultegroup.com> 425-216-3466 Re: Forest Terrace Plat – dated 10-17-2019 (revised on 04-23-2020, 07-06-2020, and 08-18-2020) BP File No. 3676-KI-170, 3677-KI-170 / BP Ref. No. 10761 Dear Mr. Kohlmann: BP Pipelines (North America) Inc. (hereafter referred to as BP) has reviewed the Subject drawings for the proposed construction of a road, sidewalk, utilities, drainage berm, and grading and has approved the plans with respect to the16” Allen – Renton Pipeline and 20” Allen – Renton Pipeline (hereafter referred to as the Olympic pipelines), subject to the following terms: 1. 811, the national One Call number, must be contacted, per your state requirements, prior to any excavation within twenty five feet (25’) of the pipelines. 2. In addition to the “One Call”, BP’s Damage Prevention Specialist, AJ Agnew (206) 510-9281, or his/her designated representative, shall be contacted at least 48 hours prior to any activities within twenty five feet (25’) of the Olympic pipelines and must be present prior to commencing work or moving equipment within Olympic pipeline rights of way. 3. A copy of this letter must be onsite at all times, and all construction workers and equipment operators must be made aware of the requirements herein. Failure to have a copy of this letter onsite may result in a stop work order until the construction team is made aware of the terms and conditions set forth in this Approval Letter. 4. If the Olympic Damage Prevention Specialist, in his/her sole discretion, determines that Pulte Homes activities could result in damage to the pipelines, such Damage Prevention Page 17 of 21 Specialist will notify Pulte Homes, and/or their operator or contractor. Pulte Homes herein acknowledges that the Olympic Damage Prevention Specialist shall have full authority to stop any of Pulte Homes’ excavation or construction related activities in close proximity to the Olympic pipelines if in the Olympic Damage Prevention Specialist’s sole opinion, Pulte Homes activities could result in damage to the Olympic pipelines. 5. Sheets 9 and 56 – Pulte Homes has proposed the addition of approximately 2.6’ of grade above the 16” Allen – Renton Pipeline and 3.7’ of grade above the 20” Allen – Renton Pipeline at the northern edge of NE 27th Place. a. No more than 2.6’ of cover shall be added above the 16” Allen – Renton Pipeline. b. No more than 3.7’ of cover shall be added above the 20” Allen – Renton Pipeline. 6. Sheets 12, 20, and 56 – Pulte Homes has proposed construction of a permanent asphalt road, NE 27th Place, including a concrete sidewalk crossing above the Olympic pipelines to serve the residential subdivision. a. The proposed road shall be constructed above the 16” pipeline with a minimum of four feet (4.0’) of cover (proposed 4.0’). b. The proposed road shall be constructed above the 20” pipeline with a minimum of five feet (5.0’) of cover (proposed 5.0’). c. The road shall cross the pipelines at as close to a 90 degree angle as is feasible, and no crossing less than 45 degrees will be permitted (proposed 88°). d. Backfilling over the pipelines shall be as per the following: i. Two layers of geotextile material (Johns Manville Spunbound polyester Type 011/250 or similar) shall be placed beneath any permanent aggregate material below the roadway, extending for a minimum of ten feet (10’) to either side of the pipelines. ii. Acceptable good quality flowable fill (not to exceed a strength of 100 psi) shall be used to backfill up to the base of the pavement layer and will extend for a minimum distance of five feet (5’) on either side of the pipelines. 7. Sheets 12, 20, 30, and 56 – Pulte Homes has proposed installation of a 12” LCPE storm drain crossing below the 16” Allen – Renton Pipeline and 20” Allen – Renton Pipeline along the south side of NE 27th Place via the open cutting method. a. The proposed 12” storm drain shall be installed below the pipelines as follows: i. The 16” Allen – Renton Pipeline shall be crossed with a minimum of two feet (2’) of edge to edge vertical separation (proposed 4.7’). ii. The 20” Allen – Renton Pipeline shall be crossed with a minimum of two feet (2’) of edge to edge vertical separation (proposed 2.8’). b. The 12” storm drain shall maintain a minimum depth of 10.6’ for the full width of the Olympic easement. c. Below-ground precautionary flagging, with color indicating type of utili ty, shall be placed approximately one foot (1’) below final surface grade for a distance of ten feet (10’) on either side of the centerlines of the pipelines at the 12” storm drain crossing. Page 18 of 21 d. The proposed 12” storm drain shall cross the pipelines at as close to 90° as is feasible, and no crossing less than 45° will be permitted (proposed 82°). 8. Sheets 12, 45, 50, and 56 – Pulte Homes has proposed installation of an 8” DI water main in an 18” PVC casing crossing below the 16” Allen – Renton Pipeline and 20” Allen – Renton Pipeline under NE 27th Place via the open cutting method. a. The proposed 8” water main shall be installed below the pipelines as follows: i. The 16” Allen – Renton Pipeline shall be crossed with a minimum of two feet (2’) of edge to edge vertical separation (proposed 5.1’). ii. The 20” Allen – Renton Pipeline shall be crossed with a minimum of two feet (2’) of edge to edge vertical separation (proposed 2.2’). b. The 8” water main shall maintain a minimum depth of 12.7’ for the full width of the Olympic easement. c. Below-ground precautionary flagging, with color indicating type of utility, shall be placed approximately one foot (1’) below final surface grade for a distance of ten feet (10’) on either side of the centerlines of the pipelines at the 8” water main crossing. d. The proposed 8” water main shall cross the pipelines at as close to 90° as is feasible, and no crossing less than 45° will be permitted (proposed 82°). 9. Sheets 12, 45, 50, and 56 – Pulte Homes has proposed installation of an 8” PVC sanitary sewer crossing below the 16” Allen – Renton Pipeline and 20” Allen – Renton Pipeline along the south side of NE 27th Place via the open cutting method. a. The proposed 8” sanitary sewer shall be installed below the pipelines as follows: i. The 16” Allen – Renton Pipeline shall be crossed with a minimum of two feet (2’) of edge to edge vertical separation (proposed 4.6’). ii. The 20” Allen – Renton Pipeline shall be crossed with a minimum of two feet (2’) of edge to edge vertical separation (proposed 2.3’). b. The 8” sanitary sewer shall maintain a minimum depth of 10.3 for the full width of the Olympic easement. c. Below-ground precautionary flagging, with color indicating type of utility, shall be placed approximately one foot (1’) below final surface grade for a distanc e of ten feet (10’) on either side of the centerlines of the pipelines at the 8” sanitary sewer crossing. d. The proposed 8” sanitary sewer shall cross the pipelines at as close to 90° as is feasible, and no crossing less than 45° will be permitted (proposed 82°). 10. Sheets 56 and 87 – Pulte Homes has proposed installation of two (2) 2” PVC lighting conduits crossing below the 16” Allen – Renton Pipeline and 20” Allen – Renton Pipeline along NE 27th Place via the open cutting method. a. The proposed 2” lighting conduits shall be installed below the pipelines as follows: i. The 16” Allen – Renton Pipeline shall be crossed with a minimum of two feet (2’) of edge to edge vertical separation (proposed minimum 2.0’). ii. The 20” Allen – Renton Pipeline shall be crossed with a minimum of two feet (2’) of edge to edge vertical separation (proposed minimum 2.0’). Page 19 of 21 b. Below-ground precautionary flagging, with color indicating type of utility, shall be placed approximately one foot (1’) below final surface grade for a distance of ten feet (10’) on either side of the centerlines of the pipelines at the 2” lighting conduits. c. The proposed 2” lighting conduits shall cross the pipelines at as close to 90° as is feasible, and no crossing less than 45° will be permitted (proposed 82°). 11. Sheets 20 and 56 – Pulte Homes has proposed installation of a rock lined drainage berm crossing above the 16” Allen – Renton Pipeline and 20” Allen – Renton Pipeline along NE 27th Place via the open cutting method. a. The rock lined drainage berm shall cross the pipelines at as close to a 90 degree angle as is feasible, and no crossing less than 45 degrees will be permitted (proposed 81°). b. Land restoration after construction shall not result in any grade reduction above the pipelines. 12. Sheets 56 and PSE Page 2 of 2 – Pulte Homes has proposed installation of a 2” HDPE/PVC gas line and three (3) 2” HDPE/PVC telecommunication/power lines crossing below the 16” Allen – Renton Pipeline and 20” Allen – Renton Pipeline along the south side of NE 27th Place via the open cutting method. a. The proposed 2” gas line and power lines shall be installed below the pipelines with a minimum of two feet (2’) of edge to edge vertical separation (proposed minimum 2.0’). b. The proposed 2” telecommunication lines (or lines similar to fiber optics in nature) shall be installed below the pipelines with a minimum of three feet (3’) of edge to edge vertical separation (proposed minimum 3.0’). c. The installation depth of 2” gas line and telecommunication/power lines at the Olympic pipeline crossings shall be maintained for the full width of the Olympic easement. d. Below-ground precautionary flagging, with color indicating type of utility, shall be placed approximately one foot (1’) below final surface grade for a distance of ten feet (10’) on either side of the centerlines of the pipelines at the 2” gas line and telecommunication/power line crossings. e. The proposed 2” gas line and telecommunication/power lines shall cross the pipelines at as close to 90° as is feasible, and no crossing less than 45° will be permitted (proposed minimum 45°). f. The telecommunication/power lines shall be placed in a Schedule 40 PVC conduit, or greater, for a linear distance extending ten feet (10’) on either side of the centerline of the pipelines. The telecommunication/power lines shall either be encased in red-dyed concrete or shall have a red-dyed concrete cap placed on top of it. 13. The following procedures apply to multiple encroachments as noted below: a. Encroachments 2, 3, 4, 5, 6, 7, 8 – No excavation or backfilling will be permitted within the pipeline rights of way without the Olympic Damage Prevention Specialist onsite. Page 20 of 21 b. Encroachments 2, 7 – Prior to any earth disturbance, the pipelines’ depth of cover shall be confirmed by the Olympic Damage Prevention Specialist. c. Encroachments 2, 7 – A minimum of two feet (24”) of undisturbed soil shall be maintained above the pipelines. Anything less would be considered a scope change and require further review/approval by BP, and if approved, any excavation within two feet (24”) of the pipelines shall be done by hand. d. Encroachments 3, 4, 5, 6, 7, 8 – Backfilling over the pipelines shall be as per the following: i. Acceptable excavated (good quality) fill can be used to backfill below the pipelines e.g. sand. ii. Backfill in one foot (1’) lifts up to within five feet (5’) from the pipelines. Each lift being compacted by tamping to as close as practicable to 95% compaction. iii. To obtain proper compaction moisture shall be added to the backfill as necessary, however ponding is not permitted. iv. Within five feet (5’) of the pipelines, lifts should be decreased to six inches (6”), not to exceed eight inches (8”). v. Within six inches (6”) of the pipelines, there should be a layer of sand that extends six inches (6”) above the pipelines; the sand layer also needs to be hand compacted as much as practical. vi. The remaining good quality fill shall be compacted in six inch (6”) lifts (not to exceed eight inches (8”)) until surface grade is achieved. e. Encroachments 3, 4, 5, 6, 7 – All excavation within two feet (24”) of the pipelines shall be done by hand. f. Encroachments 3, 4, 5, 6, 7 – All excavation within two feet (24”) of the pipelines shall be done by hand. 14. There shall be no storage of material (i.e. excavation spoils) or equipment over the Olympic pipelines without prior written approval. 15. Should silt fence placement be required close to or over the pipelines, the Olympic Damage Prevention Specialist shall be contacted first in order to approve placement of the stakes (a minimum of five feet (5’) from the pipelines) and flag the location of the pipelines. 16. Should project sign placement be required close to or over the pipelines, the Olympic Damage Prevention Specialist shall be contacted first in order to approve placement of the sign posts (a minimum of five feet (5’) from the pipelines) and flag the location of the pipelines. 17. If applicable, all BP signage, vent pipes and test stations shall be protected during construction. Should any of these need relocation due to construction, this work shall only be performed by or under the supervision of the Olympic Damage Prevention Specialist. Page 21 of 21 18. The following equipment inventory list was submitted for approval to cross Olympic’s pipelines: a. International Vactor Truck b. Komatsu HM350 Dump Truck c. Komatsu WA380 Wheel Loader d. Peterbilt Truck e. Caterpillar D8 Dozer f. Komatsu PC490 Handler 19. The above equipment inventory list has been approved subject to the following requirements: a. Areas of crossing shall be clearly defined by the Olympic Damage Prevention Specialist and kept to a minimum. b. The pipelines shall be clearly flagged, and safety fence or silt fence shall be utilized to prevent accidental/unauthorized equipment crossings. c. The Olympic Damage Prevention Specialist shall confirm proper depth of cover exists at the crossing locations prior to the start of construction/crossing the Olympic pipelines. d. The equipment shall only cross the Olympic pipelines at locations near the proposed improvements with a minimum of 4.0’ of soil depth above the pipelines. e. Under no circumstances may any of the vibratory rollers commence, terminate, or operate in vibratory mode within 20’ of the pipelines. f. One layer of geotextile material (Johns Manville Spunbound polyester Type 011/250 or similar) shall be placed beneath any additional fill and existing grade. g. Equipment must cross the pipeline rights of way at as near to a 90° angle as is feasible. h. No equipment shall operate over the pipelines longitudinally. i. No track type equipment shall be permitted to pivot or turn directly over the top of the pipelines. j. A scraper or pan type tractor shall not be used for removal of soil within ten feet (10’) of the centerline of the pipelines. Rubber tire or small track ty pe equipment is an acceptable alternative. k. A sheepsfoot roller shall not be used for compaction purposes within five feet (5’) or directly above the centerline of the pipelines. 20. As-builts of the proposed construction in the vicinity of the Olympic pipelin e shall be submitted to BP within 12 months after construction is completed. Should your design require a field change in the vicinity of the Olympic pipelines, AJ Agnew must be contacted and approve any revisions prior to actuating the changes in the fie ld. Best regards, Julie Yun Program Engineer