Northwest Construction 1/18/2022

1 reasonable satisfaction of the Port and shall provide the Port with a one-year warranty for ' the repair. The City must immediately notify and coordinate with the Port upon encountering any active or potentially active utilities, and the City and the Port shall mutually agree on the schedule and scope for protecting, replacing, or abandoning such utilities. For utilities to be protected or replaced,the City shall provide inspection services, including land surveys, CCTV, or other methods, as approved by the Port, to demonstrate that the utilities are returned in good condition. 13. The City shall only use granular backfill in any excavation on the Port Property. Backfill material shall meet the material specifications described in the Port of Everett Norton Terminal Development& MTCA 3rd Interim Action Special Provisions Division 31 00 00 under Part 2 -Products, Section 2.01 Subsections A through E and Division 31 23 00 Part 2-Products, Section 2.01 Materials Sections A through E or an acceptable material approved by the Port's engineer. The City shall provide testing data in sufficient frequency(vertically and laterally) to demonstrate the compaction requirements are met. , 14. The final elevation of the areas disturbed by the City shall be graded to existing elevations of the adjacent areas with exception of above ground appurtenances which will be constructed to final ground elevation, to the satisfaction of the Port. 15. Excavated soils shall not be stockpiled within the License Area. Stockpiles shall be located off-site, on a paved area on the City Property, to protect the Port Property and to maximize the construction within the License Area. The City's environmental professional will coordinate with the City's Contractor regarding the implementation of the Port's Soil and Groundwater Management Plan(the "Port SGWMP"), to determine which soils meet the requirements for re-use and return to the License Area. The City will not return soil to the License Area that does not meet the requirements specified in the Port SGWMP. The City's environmental professional shall also coordinate with the City's Contractor regarding implementation of the Port SGWMP regarding the discovery of unanticipated contaminated material during the Work and any required responses thereto. 16. Any discharge piping, hosing, equipment, etc. necessary for the transfer of dewatering water and stormwater, and that extend beyond or within a released area of the License Area, shall be covered in locations as required by the Port and its contractor to allow for construction equipment and personnel crossings. The Port acknowledges that the City may need a temporary buried drainpipe (estimated 6-inch diameter) to discharge surface water, groundwater, and/or construction water to the City's Lift Station 3. This drainpipe will be abandoned in place at the time the City Improvements are completed by filling the 111 entire length of the buried drainpipe with grout or sand. The City and the Port will determine a mutually agreeable location for this drainpipe. 17. The City shall provide cultural monitoring in order to meet regulatory compliance within the License Area. Exhibit E I 112558540.8 0073013-00041