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EXHIBIT B <br /> PUBLIC WORKS <br /> /40111414":1E.1/ ETT <br /> MEMORANDUM • <br /> FROM: Grant Moen,P.E. City of Everett Public Works Department <br /> RE: BNSF Pigeon Creek Access Road Use Requirements <br /> In addition to conditions as determined by other City departments,BNSF's(Burlington Northern Santa <br /> Fe) use of the Pigeon Creek Access Road shall be subject to the following Public Works Department <br /> . requirements(or as otherwise directed in the field by the City's Utilities Superintendent or their <br /> designee).Contact information for City Public Works personnel involved in this project is listed below. <br /> City Utilities Superintendent:Mark Sadler,P.E.,(425)257-8800 <br /> -_ City contact for BNSF during project:Grant Moen,P.E.,(425)257-8947,gmoen@everettwa.gov <br /> I. BNSF is responsible for obtaining and compliance with all state,county and federal permits and <br /> environmental regulations; any omissions,penalty,or fmes for non-compliance are solely the <br /> responsibility of BNSF. BNSF has full responsibility for compliance with all safety rules and <br /> regulations. The presence of City representatives in no way implies City liability for the <br /> activities of the BNSF while working on City property or easement. BNSF will defend, <br /> indemnify,save and hold the City of Everett harmless for any claim, lawsuit,action, orjudgment <br /> arising from,or relating to, its work on city property or easement. <br /> 2. BNSF shall clean the roadway as needed,including immediately following City requests, <br /> throughout the use of the road with a pick up sweeper.No water flushing will be allowed. <br /> Additional cleaning of roadways along haul routes may be required upon City request. <br /> 3. BNSF shall submit a Traffic Control Plan for review and approval by the City. <br /> 4. BNSF shall repair any damage as it occurs to the road, shoulders,and drainage system during the <br /> use of the road.The City will inspect routinely throughout project.Any damage identified by <br /> BNSF shall be reported to the City contact listed above. <br /> a <br /> 5. BNSF shall maintain drainage ditches during use of the roadway.Protection of the stream and <br /> drainage systems are required. <br /> 6. After use of the road is completed a 2"overlay of Class B asphalt of the road from Mukilteo <br /> Blvd.north to the lift station will need to be completed.Grinding or other base treatments may <br /> be required prior to placing asphalt consistent with City standards and best practices.Prior to <br /> • <br /> S:\Document Location <br /> 60 <br />