HomeMy WebLinkAbout5629 (2) RESOLUTION NO. 5629
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A RIGHT OF ENTRY AND SITE ACCESS
AGREEMENT BETWEEN THE CITY OF AUBURN AND THE
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION RELATING TO THE MILL CREEK
DITCH
WHEREAS, the City previously sponsored a federal project entitled the "Army
Corps, Mill Creek `Wetland 5K' Stream Restoration" project that included realignment of
Mill Creek south of 15th Street NW and the construction of a new fish passage culvert
under 15th Street NW; and,
WHEREAS, the project required excavation of a ditch along 15th Street NW from
the location of the previous culvert crossing to the new culvert crossing that was originally
planned within the existing City right-of-way; and,
WHEREAS, during construction it was determined that the ditch needed to be
located further south of the existing slope for 15th Street NW within right-of-way under the
jurisdiction of the Washington State Department of Transportation (WSDOT); and,
WHEREAS, the City secured a permit from WSDOT to complete the ditch re-
alignment work; and,
WHEREAS, a condition of the permit was to enter into a maintenance agreement
with WSDOT; and,
WHEREAS, the Right of Entry and Site Access agreement satisfies the
maintenance agreement requirement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Resolution No. 5629
October 15, 2021
Page 1 of 2 Rev 2018
Section 1. The Mayor is authorized to execute a Right of Entry and Site Access
Agreement with the Washington State Department of Transportation related to the mill
Creek ditch, which Agreement will be in substantial conformity with the Agreement
attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this 1st day of November, 2021.
CITY OF AUBURN
C1,ri
ANCY B US, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Resolution No. 5629
October 15, 2021
Page 2 of 2 Rev.2018
GMB 1121
SR 167 at 15th Street NW Mill Creek
MAINTENANCE,OPERATION,
RIGHT OF ENTRY AND SITE ACCESS AGREEMENT
This Agreement is made and entered into between the State of Washington Department of Transportation
("WSDOT")and the City of Auburn,WA("City"),collectively the"Parties"and individually the"Party."
RECITALS
1. The City locally sponsored a federal project entitled the"Army Corps,Mill Creek`Wetland 5K' Stream
Restoration,"to include: a new alignment for portions of the stream located on City property;a new,25
foot wide fish friendly culvert under 15'Street NW located approximately 350' west of the existing Mill
Creek crossing;excavation of new channel segments;closure of the existing Mill Creek culvert at 15th
Street NW;and construction of large wood habitat features and native plantings(the"Project").
2. The Project required the excavation of a ditch from the existing stream channel just upstream of the
existing culvert,which was closed,to run east-west over to the new stream channel and new culvert. This
feature was originally designed to be located entirely within the City's 15th Street NW right of way, but
the U.S.Corps of Engineers(the"Corps")requested that the ditch be moved(southward)from 15th Street
NW to stay further away from the toe of the slope. Pursuant to the Corps'proposal,the City excavated an
alternate ditch. A section of this alternate ditch is located within WSDOT right of way,shown
approximately in blue on Exhibit A as"Alternate Ditch Alignment in WSDOT right of way
(approximate)." The entire alternate ditch,lying in part in City right of way and in part in WSDOT right
of way,is shown in detail on Exhibit B as"Alternate Ditch Alignment." Some of the water flowing
through the alternate ditch comes from State Route(SR) 167.
3. The City's Alternate Ditch Alignment was constructed in 2016,followed by a period of plant
establishment,pursuant to a General Permit issued by WSDOT to the City,NWK-1628-AUB,as shown
in Exhibit C. That permit referenced maintenance agreement GCB 1091,which was never completed.
This maintenance agreement under a new number GMB 1121 shall serve as the maintenance agreement
anticipated in the General Permit.
4. The Parties agree that is it necessary to describe the division of responsibility between WSDOT and the
City in the maintenance of the Alternate Ditch Alignment that falls within WSDOT right of way
hereinafter the"Alternate Ditch in WSDOT ROW."
NOW THEREFORE,pursuant to recitals above as if incorporated below,by virtue of RCW 47.28.140 and in
consideration of the terms,conditions,covenants,and performances contained in this Agreement and the attached
Exhibit A,Exhibit B and Exhibit C that are incorporated by this reference and made a part of this Agreement,IT
IS MUTUALLY AGREED AS FOLLOWS:
1. RIGHT OF ENTRY
1.1 WSDOT grants to the City and its authorized agents,contractors, subcontractors,and employees,a right
of entry onto WSDOT right of way,at no cost or expense to the City,for the operation and maintenance
of the Alternate Ditch in WSDOT ROW,the approximate location of which is shown on Exhibit A and in
detail on Exhibit B.
1.2 If it should be determined by either WSDOT or the City that the Alternate Ditch in WSDOT ROW needs
to be relocated,and upon the prior mutual written agreement of WSDOT and the City to the relocation,
WSDOT grants to the City and its authorized agents,contractors, subcontractor,and/or employees,a right
WSDOT Agreement#GMB 1121 Page 1 of 5
of entry onto the WSDOT right of way shown in Exhibit A,and this right of entry for the purpose of
relocation shall be at no cost or expense to the City.
2. MAINTENANCE RESPONSIBILITIES
2.1 At the City's sole cost and expense,the City agrees to operate,maintain and/or relocate if needed in the
future the Alternate Ditch in WSDOT ROW. The City shall not be required to notify WSDOT of any
maintenance activities unless such activities require relocation. "Operate and maintain"shall include but
are not limited to,restoring the ditch to the original designed cross section,maintaining the slope and
grades,removal of obstructions and maintaining the vegetation and ensuring continued conveyance of
flows and providing for erosion control protection as originally intended. Any relocation of the Alternate
Ditch in WSDOT ROW shall be at the City's sole cost and expense and completed within a mutually
agreeable timeline. If it is determined that relocation is required,the City shall submit for approval to
WSDOT the plan for relocation. Upon WSDOT's approval of the City's plan,WSDOT will notify the
City. The City will notify the WSDOT Maintenance Superintendent or his/her designated representative,
by phone,no less than twenty four(24)hours prior to the scheduled relocation work.
2.2 The City's access to operate and maintain the Alternate Ditch in WSDOT ROW shall be made from 15th
Street NW and not from the south bound on-ramp to SR 167,which is the AL2 Ramp shown on Exhibit
A.
2.3 Deficient Maintenance
In the event the City does not perform necessary maintenance for the Alternate Ditch in WSDOT ROW,
WSDOT shall notify the City of the deficiency in writing. At the sole discretion of either Party,an in-
person meeting may be requested to discuss maintenance and corrective actions as required. If a
deficiency cannot, with due diligence,be corrected within a period of thirty(30)calendar days of receipt
of WSDOT's written notice,the City may make a written request of WSDOT for an extension of time.
The thirty(30)calendar days to correct the deficiency will be suspended upon WSDOT's receipt of the
City's request. WSDOT will respond to the City's request within five(5)calendar days granting or
denying the request. WSDOT will not,without good cause,deny the City's request. In the event the City
does not correct an identified deficiency within thirty(30)calendar days,or within the approved
extension of time,if any,WSDOT,in its sole discretion through the Region Maintenance Engineer,shall
correct the deficiency at the City's cost and expense. The City agrees to reimburse WSDOT for the actual
and related indirect costs of the maintenance work completed for identified deficiencies at the discretion
of the Regional Maintenance Engineer and WSDOT will invoice the City for those costs in accordance
with Section 3.
2.4 Emergency Maintenance
If emergency maintenance work is needed and City forces are not available to perform emergency
maintenance work, for the Alternate Ditch in WSDOT ROW, WSDOT reserves the right to perform the
necessary emergency maintenance work as defined in the WSDOT Maintenance Manual M15-01.11 in
Section 1-1. The City agrees to reimburse WSDOT for the actual and related indirect costs of the
emergency maintenance work and WSDOT will invoice the City for those costs in accordance with
Section 3.
3. PAYMENT
3.1 In the event that WSDOT forces or its contractor performs work authorized under this Agreement,
WSDOT shall invoice the City for the actual reasonable direct and related indirect costs of the work
performed. Upon receipt of a detailed, itemized invoice from WSDOT,the City shall make payment
within sixty(60)calendar days. All sums due from the City to WSDOT and not paid within sixty(60)
calendar days of the date of invoice will bear interest at the rate of twelve percent(12%)per annum, or
the highest rate of interest allowable by law, whichever is greater;provided that, if the highest rate
WSDOT Agreement#GMB 1121 Page 2 of 5
allowable by law is less than twelve percent(12%), interest charged hereunder will not exceed that
amount. Interest shall be calculated from the sixty-first calendar day until the date paid. If the City
objects to all or any portion of an invoice,it shall notify WSDOT within twenty(20)calendar days from
the date of receipt and shall pay only that portion of the invoice not in dispute. WSDOT and the City
shall make every effort to settle the disputed portion,and if necessary utilize dispute resolution provided
for in Section 6.4. No interest shall be due on any portion of an invoice the City is determined not to owe
following settlement between the Parties or completion of dispute resolution process.
4. TERM OF AGREEMENT
4.1 The term of this Agreement shall begin as of the date of the Party signature last written below and shall
continue for the duration necessary for the City's operation and maintenance of the Alternate Ditch in
WSDOT ROW.
5. AGREEMENT REPRESENTATIVES
5.1 Any and all notification or contact pursuant to this Agreement shall reference GMB 1121 and be directed
to the Party representatives or designated representatives,as follows:
City of Auburn Washington State Department
of Transportation
Ingrid Gaub Lee Fanning
Director of Public Works NWR
City of Auburn Maintenance Manager South
25 West Main Street Washington State Department
Auburn,WA 98001 of Transportation
Phone:(253) 804-3113 15700 Dayton Ave N
jgaub@auburnwa.gov
Shoreline,WA 98133
Phone:(206)440-4662
FanninL(ailwsdot.wa.s ov
5.2 A Party may designate an alternative representative to the individual listed in section 5.1 and in this event
will notify the other Party in writing,email being acceptable as"in writing."
6. GENERAL PROVISIONS
6.1 Amendment: This Agreement may be modified by the mutual agreement of the Parties. Such
modifications shall not be binding unless they are in writing and signed by persons authorized to bind
each of the Parties.
6.2 Termination:
6.2.1 WSDOT and the City may terminate this Agreement upon mutual written agreement with sixty
(60)calendar days written notice following completion of any relocation of the Alternative Ditch
Alignment,as shown in Exhibit A and Exhibit B,or other mutually agreed upon provisions to
provide a different conveyance of flows intended for the Alternate Ditch pursuant to Section 1.2
and Section 2.1. Any revision must provide for the continuation of flows from the Mill Creek
alignment prior to the"Army Corps,Mill Creek`Wetland 5K' Stream Restoration"project and
the current Mill Creek alignment at the time of the proposed revision.
6.2.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the
Parties prior to termination.
6.3 Indemnification and Waiver:
WSDOT Agreement#GMB 1121 Page 3 of 5
6.3.1 The City shall protect,defend,indemnify, and hold harmless WSDOT, its officers,officials,
employees,authorized agents,and/or contractors,while acting within the scope of their
employment as such, from any and all costs,claims,judgments,and/or awards of damages(both
to persons and/or property),arising out of,or in any way resulting from,the City's obligations to
be performed pursuant to the provisions of this Agreement,except for injuries and damages
caused by the sole negligence of WSDOT. Where such claims,suits,or actions result from
concurrent negligence of both Parties,the indemnity provisions provided herein shall be valid and
enforceable only to the extent of each Party's own negligence.
6.3.2 The City agrees that its obligations under this section extend to any claim,demand and/or cause
of action brought by,or on behalf of,any of its employees or agents only while performing
operation and/or maintenance of the Alternate Ditch in WSDOT ROW,as described in this
Agreement. For this purpose the City,by mutual negotiation,hereby waives with respect to
WSDOT only any immunity that would otherwise be available against such claims under the
Industrial Insurance provisions in chapter 51.12 RCW.
6.3.3 WSDOT shall defend, indemnify and hold the City,its officers,officials,employees and
volunteers harmless from any and all claims, injuries,damages,losses or suits including attorney
fees,arising out of or in connection with WSDOT's right of way interest and the conveyance of
stormwater,except for all claims,injuries,damages, losses or suits including attorney fees,
arising out of or in connection with the City's obligations to operate and maintain the Alternate
Ditch as defined in Section 2.1.
6.3.4 If a court of competent jurisdiction determines that this Agreement is subject to RCW 4.24.115,
then,in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of WSDOT and the City,its
officers,officials,employees,and volunteers,WSDOT's liability hereunder shall be only to the
extent of WSDOT's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes WSDOT's waiver of immunity under Industrial
Insurance,Title 51 RCW,solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties.
6.3.5 This indemnification and/or waiver shall survive termination of this Agreement.
6.4 Disputes: In the event that a dispute arises under this Agreement,it shall be resolved as follows:
WSDOT and the City agree to negotiate to resolve any issues. Should such negotiations fail to produce a
satisfactory resolution then WSDOT and the City shall each appoint a member to a dispute board,these
two members shall select a third board member not affiliated with either Party. The three-member board
shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such
dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any
litigation concerning the dispute. Each Party shall be responsible for its own costs and fees and agree to
share equally in the cost of the third dispute board member.
6.5 Venue: In the event either Party deems it necessary to institute legal action or proceedings to enforce any
right or obligation under this Agreement,the Parties agree that any such action or proceedings shall be
brought in the superior court situated in Thurston County,Washington. The Parties further agree that
each shall be responsible for its own attorney fees and costs.
6.6 Records and Audit: All maintenance records of each Party in support of this Agreement's obligations
shall be maintained by the Party for a period of six(6)years from the date of termination of this
WSDOT Agreement#GMB 1121 Page 4 of 5
DocuSign Envelope ID:60D39A4F-E023-4288-97EE-12E6E96A5D61
Agreement. Each Party shall have full access to and right to examine said records,during normal
business hours and as often as it deems necessary. Each Party shall be provided copies of records at no
cost upon written request. The Parties agree that the work performed herein is subject to audit by either
or both Parties and/or their designated representatives.
6.7 Severability: Should any section,term or provision of this Agreement be determined to be invalid,the
E remainder of this Agreement shall not be affected and the same shall continue in full force and effect.
I 6.8 Calendar Day: Calendar day means any day on the calendar including Saturday, Sunday or a legal local,
state,or federal holiday.
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the Party's date last signed
below.
City of Auburn Washington State Department
of Transportation
By: DoeuSigned by: By: DocuSigned by:
� �,S 420
C
ACCC009S373,4C0... S D108257a7fa 0...
Printed:Nancy Backus Printed: Morgan Balogh
Title: Mayor Title:Assistant Regional Administrator,Maintenance,
Northwest Region
Date: 11/5/2021 Date: 11/5/2021
Approved as to Form Approved as to Form
City of Auburn Washington State Department
of Transportation
By: �cuSigned by: By:
rssaeeozceesaac
Printed: Kendra Comeau Print : Mark F. Schumock
Title: City Attorney Title: Assistant Attorney General
Date: 11/5/2021 Date: 9; 2 2 _2 /
WSDOT Agreement#GMB 1121 Page 5 of 5
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Albs Exhibit C-GMB 1 12 1 -page I 01 13
Washvgtonate
DepartrnerrtStof Ttransportatiion Application for General Permit
SR 167 - Mill Creek / NW 15th
Street Ditch Permit No. NWK-1628-AUB
Applicant-Please print or type all information
Application is Hereby Made For CO General Permit(No Fee)
0 General Permit $2.50(Subject to RCW 47.12.140(2))
Intended Use of State Right of Way is to Construct,Operate,and Maintain -�w
1/43.Lay-n l�r
temporary right of entry to allow for the City of its agents or assigns, construct_and relocate a section
of Mill Creek onto the flFPARTMFNT's right of way This PFRMIT is issued in conjunction with General
Maintenartce.Agreement GCB 1091_dEnoiing the PFRMITTFF's maintenance responsihilities for the ditch
section and associated acress road
on a portion of State Route 167 (at/from)MilePost 15.75L to Mile Post 15.75L in King County,
to begin in the NW1/4 of the SWY4 Section 12 Township 21 N North.Range 04 E WesVEast W.M.
and end in the NW1/4 of the SWY4 Section 12 Township 21 N North.Range 04 E West/East W.M.
This Permit is issued pursuant to the applicable terms of RCW 47.32.110(Roadside Users RCW 47.12.140(Sale of Timber
and Removal of Nonmarketable Materials) r
r
City of Auburn .. Li
Applicant(Referred to as Grantee) A.. cant Authorize. Signatu e
25 West Main Street Chris Andersen, CFM
Address Prirt or Type Name
Auburn WA 98001 Environmental Services Manager
City State Zip Code Title c
253-876-1962 Dated this O day of f) 'peer , ZO IL,
Telephone
91-6001228
Applicant Reference(WO)Number Federal Tax IC Number or Social Security Number
Authorization to Occupy Only If Approved Below
The Washington State Department of Transportation referred to as the"Department."hereby grants this Permit subject to the terms
and conditions stated in the General Provisions,Special Provisions, and Exhibits attached hereto and by this reference made a part
hereof Construction facilities proposed under this application shall begin within one year and must be completed within three years
from date of approval.
For Department Use Only
Exhibits Attached Department Approval
Exhibit A - Special Provisions for Projects Within
Counties or Limited Access Highways. Pages 1 - 7. By
Exhibit B - Right of Way Plan, "SR 167-AUBURN:
17th St SW to S 285th St, Sheet 7 of 14", Sheet 1 of 1. o n '.WFii�I .
Exhibit C - Plan, Sheet 1 - 1. Assist.Regional Administrator.King&Snohomish Counties
Title. q /—
Date
Expiration Date. December 31, 2017
DOT Form 224-698 Permit NWK-1628-AUB Page 1
Revised 04/2015
General Provisions Exhibit C-GMB 1121-page 2 of 13
No changes to these General Provisions may be made without further approval of the Office of the Attorney
General
This Permit is issued pursuant to the applicable terms of RCW 47.32.110(Roadside Users)and RCW 47.12.140(Sale of Timber
and Removal of Nonmarketable Materials).
DOCUMENTS, NON-EXCLUSIVE, COMPLIANCE WITH LAW,WORK
1. A copy of this Permit must be on the job site, protected from the elements, at all times during any Permittee activity,
construction or improvement Work as authorized by this Permit."Work"under this Permit shall include the use of the state-owned
right of way as authorized herein.
2. This Permit shall not be deemed or held to be an exclusive one and shall not prohibit the Department from granting rights of like
or other nature to other public or private entities, nor shall it prevent the Department from using any of the state-owned highway right
of way or other properties for transportation purposes,or affect the Department's right to full supervision and control over all or any
part of the state-owned highway right of way or properties, none of which is hereby surrendered.
3. The Permittee shall be responsible for compliance with all federal, state, and local laws and regulations.
4. Upon approval of this Permit,the Permittee shall diligently proceed with the Work and comply with all General and Special
provisions herein.
DEPARTMENT NOTIFICATION: SURVEY MONUMENTS, HIGHWAY SIGNS, FENCES, LANDSCAPING
5. The Permittee shall contact the Department representative(s), listed in Exhibit A, Special Provisions,two(2)weeks prior to
conducting Work,to determine the location of survey control monuments within the area in which the Permittee will be working. In
the event any monument or right of way marker will be altered, damaged,or destroyed by the Permittee,the Department, prior to
Permittee Work,will reference or reset the monument or right of way marker. During the Work, upon discovery of a monument or
right of way marker,the Permittee shall cease Work in that area and immediately notify the Department of the discovery.The
Department will coordinate with the Permittee to ensure that the monument or right of way marker is recorded or replaced.The
Permittee agrees to pay all Department actual direct and related indirect costs and expenses to perform monument or right of way
marker work, pursuant to the provisions of Section 18-Invoice and Payment.
6. In the event any milepost, fence, or guardrail is located within the limits of the Permittee's Work and will be disturbed during
Permittee Work,the Permittee agrees to carefully remove these highway facilities prior to Permittee Work and reset or replace these
highway facilities after the Permittee Work,to the Department's sole satisfaction and at the sole cost of the Permittee. The Permittee
shall not remove or disturb any highway signs,traffic control devices,or landscaping unless specifically authorized.
PERMIT EXTENSION,ASSIGNMENT, AND REVOCATION:
7. This Permit may not be extended without the Department's prior written approval.
8. The Permittee shall not assign or transfer this Permit without the Department's prior written approval.The Permittee
understands that any assignment or transfer requires the assignee or transferee to have the means to assume all obligations,
duties,and liabilities of the terms and conditions of this Permit, and the Permittee agrees to advise the assignee or transferee of its
obligation to apply for an updated or replacement Permit from the Department.
9. This Permit is granted solely within the discretion of the Department. It may be revoked at will and at any time by giving thirty
(30)calendar days written notice to the Permittee. Revocation shall automatically take effect on the thirty-first day without further
action by the Department. Permittee acknowledges and agrees that it has no due process or appeal rights should the Department
decide,for any reason whatsoever,to revoke this Permit.Thereafter, if the Permittee has not removed its facilities or otherwise fails
to return the state property back to its original condition as solely determined by the Department,the Department shall perform such
work at the Permittee's sole cost and expense, and the Permittee shall pay the Department's actual direct and related indirect costs
and expenses for performing the work pursuant to the provisions of Section 18-Invoice and Payment.
10. Should the Permittee breach any of the conditions or requirements of this Permit, or should the Permittee fail to proceed with
due diligence and in good faith with the Work as authorized by this Permit,the Department may revoke the Permit. The Department
shall give thirty(30)calendar days written notice to the Permittee, and upon the thirty-first day,this Permit shall be deemed revoked
without further action by the Department.Thereafter, if the Permittee has not removed its facilities or otherwise fails to return the
state property back to its original condition as solely determined by the Department,the Department shall perform such work at the
Permittee's sole cost and expense,and the Permittee shall pay the Department's actual direct and related indirect costs and
expenses for performing the work pursuant to the provisions of Section 18-Invoice and Payment.
DOT Form 224-698 Permit NWK-1628-AUB Page 2
Revised 04/2015
MODIFICATION OF PERMIT AND/OR WORK: Exhibit C-GMB 1121 -page 3 of 13
11. The Department may modify this Permit at any time by giving Permittee written notice. If this Permit is modified,the Permittee
will have thirty(30)calendar days from the date of the written notice to modify the Work as required by the Department. If the
modifications cannot be made within thirty(30)calendar days, the Permittee shall request the Department, in writing, during the
thirty(30)calendar day time period for an extension of time in which to make the modifications.Any extension of time shall be solely
within the Department's discretion.
12. If the Permittee desires to modify this Permit and/or the Work, it shall notify the Department representative(s)listed in Exhibit A,
Special Provisions, in writing of all proposed changes for the Department's prior approval.The Department agrees to provide written
acceptance or rejection of the proposed change(s)to the Permittee within Ten(10)business days.
13. Should the Permittee fail or refuse to comply with the Department's direction pursuant to section 11,the Department will
implement section 10 and revoke the Permit.
ADDITIONAL PERMIT OBLIGATIONS
14. The Permittee shall not excavate or place any obstacle within the state-owned highway right of way in such a manner as to
interfere with the Department's construction, operation, and maintenance of the state-owned highway right of way or the public's
travel thereon without the Department's prior written approval and/or as may be provided in this Permit's Special Provisions.
15. Upon completion of all Work,the Permittee shall immediately remove all rubbish and debris from the state-owned highway right
of way, leaving the state-owned highway right of way in a neat, presentable, and safe condition to the Department's sole
satisfaction.Any Work-related rubbish and debris clean up, or any necessary slope treatment to restore and/or protect the state-
owned right of way, not done within seven (7)calendar days of Work completion, unless the Department approves otherwise,will be
done by the Department at the expense of the Permittee.The Permittee agrees to reimburse the Department's actual direct and
related indirect costs and expenses for performing the work pursuant to the provisions of Section 18-Invoice and Payment.
16. The Permittee agrees to maintain,at its sole expense, its Work under this Permit in a manner satisfactory to the Department in
the Department's sole discretion.
17. If the Department determines that emergency maintenance of the Work is required to(a)protect any aspect of the state
highway right of way, or(b)secure the safety of the traveling public due to a failure of the Permittee's Work or its maintenance
thereof,the Department may perform the emergency maintenance work without the Permittee's prior approval, and the Permittee
agrees to reimburse the Department's actual direct and related indirect costs and expenses for performing the emergency
maintenance work pursuant to the provisions of Section 18—Invoice and Payment.The Department will notify the Permittee of the
emergency work performed as soon as practicable.
INVOICE AND PAYMENTS
18. If the Department performs work as provided for in this Permit by state forces or its contractor, including but not limited to any
modification, repair,clean up or removal of the Work authorized under this Permit:
a. The Department will assign a reimbursable account to the Permittee as a means of invoicing the Permittee for the costs
associated with the work.
b. The Department will provide a detailed invoice, including direct and related indirect costs,to the Permittee for the work
performed by the Department or its contractor(s), and the Permittee agrees to pay the Department within fifteen(15)calendar days
of receipt of an invoice.
c. The Permittee agrees that if payment is not made to the Department as herein agreed,the Department may charge late
fees, interest or refer the debt to a collection agency, all in accordance with Washington State Law.
ADDITIONAL REQUIRED PERMITS
19. The Permittee shall be responsible for securing all necessary permits, including but not limited to, federal, state, and local
regulatory,tribal,environmental,archeological, and railroad permits and permits from the Washington State Department of Ecology,
the Washington State Department of Fish and Wildlife,and/or the U.S.Army Corps of Engineers prior to beginning the Work
authorized by this Permit.The Permittee shall be responsible for mitigation measures where wetlands have been disturbed and
agrees that it is solely responsible for any fines imposed for noncompliance with the permit(s)conditions or for failure to obtain the
required permits. In addition,the Permittee,on behalf of itself and its contractors, officers, officials,employees,and agents, agrees
to indemnify, hold harmless,and defend,at its sole cost and expense,the Department and its officers, officials,employees, and
agents from any and all fines, costs,claims,judgments,and/or awards of damages to regulatory agencies, persons,and/or
property, arising out of, or in any way resulting from,the Permittee's failure to(1)obtain any required permit for the Permittee Work
or(2)comply with permit conditions.
20. The Permittee hereby certifies that its facilities described in this Permit are in compliance with the Clear Zone Guidelines
pursuant to Chapter 1600 of the Department's Design Manual(M 22-01)and any revisions thereto.
DOT Form 224-698 Permit NWK-1628-AUB Page 3
Revised 04/2015
INDEMNIFICATION,WAIVER, VENUE,ATTORNEYS FEES,AND RELOCATION/EMINENT DOMAIN
21. The Permittee, its successors and assigns, shall indemnify, defend at its sole cost and expense, and hold harmless the State of
Washington, its officers,employees, and agents from all claims,demands,damages(both to persons and/or property),expenses,
regulatory fines,and/or suits in law and in equity that(1)arise out of or are incident to any acts or omissions of the Permittee, its
agents, contractors, employees, invitees and/or any other person in the use of the state-owned highway right of way as authorized
by the terms and conditions of this Permit, or(2)are caused by the breach of any of the terms or conditions of this Permit by the
Permittee, its successors and assigns, and its contractors,agents,employees, invitees and/or any other person.The Permittee, its
successors and assigns,shall not be required to indemnify,defend, or hold harmless the State of Washington, its officers,
employees and/or agents, if the claim, suit, or action for damages(both to persons and/or property)is caused by the sole acts or
omissions of the State of Washington, its officers,employees and/or agents;provided that, if such claims,suits, or actions result
from the concurrent negligence of(a)the State of Washington, its officers,employees and/or agents,and(b)the Permittee, its
agents,contractors,employees, invitees, and/or any other person or involves those actions covered by RCW 4.24.115,the
indemnity provisions provided herein shall be valid and enforceable only to the extent of the acts or omissions of the Permittee, its
agents, contractors,employees, invitees, and/or any other person.
22. The Permittee agrees that its obligations under this Permit extend to any claim,demand, and/or cause of action brought by, or
on behalf of, any of its employees or agents while performing Work under this Permit while located on or off state-owned highway
right of way. For this purpose,the Permittee, by MUTUTAL NEGOTIATION, hereby WAIVES,with respect to the State of
Washington only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions
in chapter 51.12 RCW.
23. The indemnification and WAIVER provided for in sections 21 and 22 shall survive the termination of this Permit.
24. In the event that the Permittee or the Department deems it necessary to institute legal action or proceedings to enforce any right
or obligation under this Permit,the Permittee and Department agree that any such action or proceedings shall be brought in the
superior court situated in Thurston County,Washington. Further,the Permittee agrees that it shall be solely responsible for its own
attorneys fees and costs and agrees that it shall not seek nor be entitled to recovery of such attorneys fees and costs.
25. NONAPPLICABILITY OF RELOCATION ASSISTANCE/EMINENT DOMAIN. The Permittee acknowledges that this Permit
does not at any time entitle the Permittee, its successors or assigns,to assistance under the Uniform Relocation and Real Property
Acquisition Policy(ch.8.26 RCW). Further,the revocation or other termination of this Permit shall not be deemed a taking by the
state under the laws of eminent domain.
Exhibit C-GMB 1121 -page 4 of 13
DOT Form 224-698 Permit NWK-1628-AUB Page 4
Revised 04/2015
Special Provisions General Permit Within
Counties or Limited Access Highways
General Permit No. NWK-1628-AUB
The General Permit and these Special Provisions apply to all construction items within the
DEPARTMENT's jurisdiction and maintenance responsibility only.
Applicable provisions are denoted by( ® )
® 1. DEPARTMENT REPRESENTATIVE/NOTICE TO PROCEED.
No work provided for herein shall be performed until the PERMITTEE is authorized by the following DEPARTMENT Representative(s):
Ed Giraud,Construction Liaison Mike Golden,Superintendent
NWR Development Services NWR Area 4 Maintenance
PO Box 330310 26620—68th Avenue South
15700 Dayton Avenue North Kent,WA 98032
Seattle,WA 98133-9710 Office: 253-372-3900
Office: 206-440-4709
Cellular: 206-940-2737
® 2. PRE-CONSTRUCTION CONFERENCE.
Prior to the beginning of construction,a Pre-construction Conference shall be held at which the DEPARTMENT Representative,the
PERMITTEE Representative(s),and PERMITTEE's Contractor shall be present.
® 3. PERMITTEE REPRESENTATIVE.
Should the PERMITTEE choose to perform the work outlined herein with other than his own forces,a representative of the PERMITTEE
shall be available at all times unless otherwise agreed to by the DEPARTMENT Representative. All contact between the DEPARTMENT
and the PERMITTEE's Contractor shall be through the Representative of the PERMITTEE. Where the PERMITTEE chooses to perform
the work with its own forces,it may elect to appoint one of its own employees engaged in the construction as its representative. The
PERMITTEE at its own expense shall adequately police and supervise all work on the above described project by itself,its contractor,
subcontractor,agent and others,so as not to endanger or injure any person or property.
El 4. PLAN CHANGES.
• PERMITTEE CHANGE ORDER/ADDENDA.
Changes to any Approved Plan affecting the State right of way or jurisdiction must be reviewed and approved by the
DEPARTMENT prior to execution.
• DEPARTMENT REQUIRED CHANGES OR CORRECTIONS.
The DEPARTMENT reserves the right to require changes or corrections due to plan omissions or details not in conformance with
the DEPARTMENT's Standard Specifications,Standard Plans, Design Standards,or Project Special Provisions.
® 5. AMERICANS WITH DISABILITIES ACT(ADA)REQUIREMENTS.
All public entities are required to follow the Americans with Disabilities Act of 1990(ADA),regardless of funding sources. Wherever
pedestrian facilities are intended to be a part of the transportation facility,federal regulations require that those pedestrian facilities meet
ADA guidelines. All new construction or alteration of existing transportation facilities must be designed and constructed to be accessible to
and usable by persons with disabilities per Title II of the ADA(28 CFR Part 35.151)and Section 504 regulations(49 CFR Part 27.7(c)).
Neither cost nor schedule are factors in determining whether the ADA standards can be met,nor are they factors in determining the
feasibility of complying with the standard. An alteration project must be planned,designed,and constructed so that the required
accessibility improvements occur at the same time as the alteration.
The following are not considered Alteration Projects: Spot Pavement Repair, Liquid-Asphalt Sealing,Chip Seal(BST),Crack Sealing,and
Lane Restriping that does not alter the usability of the shoulder.
If there is uncertainty as to whether a project meets the definition of an Alteration Project,the STATE's Construction Representative and
the AGENCY's Representative shall consult with the STATE's Regional ADA Coordinator.
If a situation is encountered where it may not be possible to fully meet the applicable accessibility requirements during alterations of
existing facilities,the STATE's Construction Representative and the AGENCY's Representative shall consult with the STATE's Regional
ADA Coordinator in order to develop a workable solution to meet the accessibility requirements to the maximum extent feasible(MEF).
Form:Special Provisions for General Permit—Limited Access or County Exhibit C GMB 1121 -page 5 of 13 EXHIBIT'A'
Rev:04/14116 Page 1
El 6. DELAY TO DEPARTMENT CONTRACTS.
The PERMITTEE agrees to schedule the work herein referred to and perform said work in such a manner as not to delay the
DEPARTMENT's contractor in the performance of any DEPARTMENT contract in the area. The DEPARTMENT shall in no way be held
liable for any damage to the PERMITTEE by reason of any such work by the DEPARTMENT,its agents or representatives,or by the
exercise of any rights by the DEPARTMENT upon roads,streets,public places,or structures in question.
® 7. ARCHAEOLOGICAL/HISTORICAL FINDINGS.
If any archaeological or historical resources are revealed in the work vicinity,the PERMITTEE shall immediately stop work,notify the
DEPARTMENT's Representative,retain a qualified Archaeologist who shall evaluate the site,and make recommendations to the
DEPARTMENT Representative regarding the continuance of work.
® 8. UNSUITABLE MATERIALS.
If determined necessary by the DEPARTMENT,any unsuitable,hazardous or contaminated materials encountered during any excavation
shall be removed,disposed of properly according to current environmental regulations,and replaced to the satisfaction of the
DEPARTMENT at 100%PERMITTEE cost. The replacement material shall be free-draining and granular,or other materials as
determined by the DEPARTMENT's Representative.
Z 9. MATERIALS AND QUALITY ASSURANCE/QUALITY CONTROL(QA/QC).
• MATERIALS AND WORKMANSHIP.
All materials and workmanship shall conform to the Washington State Department of Transportation Standard Specifications for
Road,Bridge and Municipal Construction,current edition,and amendments thereto,and shall be subject to inspection by the
DEPARTMENT.
• MATERIALS TESTING/REPORTING OF RESULTS.
All materials testing is to be performed by the PERMITTEE,or an Independent Certified Testing Laboratory of their choice.
Copies of all test results shall be submitted to the DEPARTMENT's Representative prior to beginning the next phase of
construction. The DEPARTMENT reserves the right to verify the test results or to perform the testing.
❑ 10. APPROVAL OF MATERIALS.
• REQUEST FOR APPROVAL OF MATERIALS(RAMS).
The RAM shall be prepared by the Contractor or PERMITTEE in accordance with the instructions on Form 350-071 and
submitted to the DEPARTMENT's Construction Representative for approval before the material is incorporated into the work. All
material,including proposed Aggregate Sources,shall be listed on the RAM Form. Approval of the material does not constitute
acceptance of the material for incorporation into the Work. Additional acceptance actions as noted on the RAM need to be
completed prior to the materials being incorporated into the Work. When requesting approval of an item that requires fabrication,
both the fabricator and the manufacturer of the base material shall be identified on the RAM.
• QUALIFIED PRODUCTS LIST(QPL).
The most current QPL list available at the time the product is proposed for use shall be used. The QPL submittal shall be
prepared by the Contractor or PERMITTEE in accordance with the instructions in the QPL and submitted to the DEPARTMENT's
Construction Representative prior to use. The QPL identifies the approved products,the applicable Specification Section,and
the basis for acceptance at the project level. The acceptance and use of these products is based upon additional job sampling
and/or documentation. All additional acceptance actions need to be completed prior to the material being incorporated into the
Work. Qualified products not conforming to the Specifications,not fulfilling the acceptance requirements,or improperly handled
or installed,shall be replaced at the Contractor's expense. If there is a conflict between the QPL and the Contract,the provisions
of the Contract shall take precedence over the QPL.
The current QPL can be accessed online at(http://www.wsdot.wa.gov/biz/mats/QPL/QPL Search.cfm).
• AGGREGATE SOURCE APPROVAL ASA).
All aggregates proposed for use on the project shall be from Pre-Approved WSDOT Sources. Pre-Approved Sources can be
found on the DEPARTMENT's ASA database which contains results of WSDOT preliminary testing of aggregate sources. The
ASA database can be accessed online at the Department's website at
(http://www.wsdot.wa.gov/biz/mats/ASA/ASASearch.cfm). This database is used by the DEPARTMENT to indicate the
approval status of these aggregate sources for applications that require preliminary testing as defined in the Contract. The ASA
'Aggregate Source Approval Report'identifies the currently approved applications for each aggregate source listed. The
acceptance and use of these aggregates is contingent upon additional job sampling and/or documentation. Aggregates
approved for applications on the ASA'Aggregate Source Approval Report'not conforming to the Specifications,not fulfilling the
acceptance requirements,or improperly handled or installed,shall be replaced at the Contractor's or PERMITTEE's expense.
• HOT MIX ASPHALT(HMA)DESIGN.
Prior to Paving Operations,the PERMITTEE shall submit DEPARTMENT approved HMA Mix Design(s)for use on this project.
• QUALIFICATION OF CONCRETE SUPPLIERS.
Concrete Batch Plant Prequalification requires a certification by the National Ready Mix Concrete Association(NRMCA). A copy
of that Certificate shall be submitted to the DEPARTMENT's Construction Representative prior to placement of cement concrete.
• CONCRETE MIX DESIGN.
Prior to any placement of Cement Concrete,the PERMITTEE shall submit DEPARTMENT approved Mix Design(s)for use on
this project.
• DRAINAGE STRUCTURES.
Only structures stamped APPROVED by the DEPARTMENT's Fabrication Inspection Office shall be used on this project.
Form:Special Provisions for General Permit—LimitedAccessorCounty Exhibit C-GMB 1121 -page 6 of 13 EXHIBIT'A'
Rev:04114/16 Page 2
❑ 11. HOT MIX ASPHALT(HMA)PAVING OPERATIONS.
• PERMITTED PAVING CONDITIONS.
NO PAVING OPERATIONS WILL BE PERMITTED WHEN IT IS RAINING or SNOWING. Written permission from the
DEPARTMENT's Representative shall be required if paving operations begin before April 151,or after October 151. Surface
temperature limitations as per the WSDOT Standard Specifications shall be enforced.
• MATERIALS TRANSERING DEVICE/VEHICLE(MTD/V).
Direct transfer of HMA from the hauling equipment to the paving machine will not be allowed in the top 0.30 feet of the pavement
section of hot mix asphalt(HMA)used in traffic lanes with a depth of 0.08 feet or greater. A material transfer device or vehicle
(MTD/V)shall be used to deliver the HMA from the hauling equipment to the paving machine. HMA for pre-leveling,pavement
repair,or HMA placed in irregularly shaped and minor areas such as road approaches,tapers,and turn lanes are excluded from
this requirement. At the Contractor's request,the DEPARTMENT's Construction Representative may approve paving without an
MTD/V. The MTD/V shall mix the HMA after delivery by the hauling equipment and prior to laydown by the paving machine.
Mixing of the HMA shall be sufficient to obtain a uniform temperature throughout the mixture. If a windrow elevator is used,the
length of the windrow may be limited in urban areas or through intersections,at the discretion of the DEPARTMENT's
Construction Representative.
• ROLLERS.
The type of rollers to be used and their relative position in the compaction sequence shall generally be the Contractor's option,
provided the specified densities are attained. An exception shall be that pneumatic tired rollers shall be used for compaction of
the wearing course beginning October 1st of any year through March 31st of the following year. Coverage with a steel wheel
roller may precede pneumatic tired rolling. Operation of the roller shall be in accordance with the manufacturer's
recommendations. The use of equipment that results in crushing of the aggregate will not be permitted. Rollers producing
pickup,washboard,or uneven compaction of the surface,displacement of the mixture or other undesirable results shall not be
used.
• JOINT SEALING.
All joints between existing and new pavement;and other cracks requiring repair shall be adequately cleaned and then sealed with
PG 67-22 Liquid Asphalt in accordance with the manufacturer's recommendations. Filling shall be controlled to confine the
material within the crack or joint. If,in the opinion of the DEPARTMENT's Construction Representative,the Contractor's method of
filling results in an excessive amount of sealant on the pavement surface,filling shall be stopped and the method changed. Any
overflow shall be cleaned from the pavement surface.
® 12. PROJECT INSPECTION,MONITORING AND ACCEPTANCE.
• DEPARTMENT CONSTRUCTION OVERSIGHT.
All items within DEPARTMENT jurisdiction and maintenance responsibility is subject to construction oversight by the
DEPARTMENT. All contact between the DEPARTMENT and PERMITTEE's Contractor shall be through the Representative of
the PERMITTEE.
• PERMITTEE INSPECTION.
The responsibility of the PERMITTEE for proper performance,safe conduct,and adequate policing and supervision of the project
shall not be lessened or otherwise affected by DEPARTMENT approval of plans,specifications,or work,or by the presence at
the work site of DEPARTMENT representatives,or by compliance by the PERMITTEE with any requests or recommendations
made by such representatives.
• FINAL PROJECT INSPECTION AND ACCEPTANCE.
The DEPARTMENT will not make Final Project Inspection until the physical work required per the Provisions of this Permit,
including cleanup and all extra work requested by the DEPARTMENT has been satisfactorily completed.
Upon satisfactory completion of the work involved,the DEPARTMENT agrees to provide the PERMITTEE with a Letter of
Acceptance. The Letter of Acceptance shall not waive any potential claims against the PERMITTEE and its Contractor for
defective work or materials. The DEPARTMENT reserves the right to require the PERMITTEE to remedy any and all work
deficiencies.The DEPARTMENT may withhold acceptance of work by submitting written notification to the PERMITTEE within
ninety(90)calendar days following Final Inspection. This notification shall include the reason(s)for withholding acceptance.
After the Project has been monitored for a minimum of one(1)year,the DEPARTMENT shall grant Final Project
Acceptance to the PERMITTEE,provided(1)any problems with workmanship and public safety have been resolved to the
satisfaction of the DEPARTMENT,(2)the reimbursable account has been paid in full,and(3)a complete set of As-Built Plans
and Material Acceptance Certification documents have been received by the DEPARTMENT's Local Agency and Development
Services Office.
Final Acceptance shall not constitute acceptance of any unauthorized or defective work or material. The DEPARTMENT shall
not be barred from requiring the PERMITTEE to remove,replace,repair or dispose of any unauthorized or defective work or
material,or from recovering damages for any such work or material.
• FAILURE TO COMPLETE CONSTRUCTION OF PROJECT.
Should for any reason,the PERMITTEE decided not to complete the Project after construction has begun,the DEPARTMENT
shall determine what work must be completed to restore the State facilities and right of way to a condition and configuration that
is safe for public use. The PERMITTEE agrees that all costs associated with Permit termination,including engineering,
completing State facility and right of way restoration,and Contractor claims will be the sole responsibility of the PERMITTEE. If
the Contractor is not available to restore the State facilities and right of way,the DEPARTMENT may perform or contract to
perform,the restoration work at PERMITTEE expense. This section shall survive the termination of this Permit.
Form: Special Provisions for General Permit—Limited Access or County Exhibit C-GMB 1121 -page 7of 13 EXHIBIT'A'
Rev:04114116 Page 3
Z 13. PROTECTION PUBLIC AND PRIVATE PROPERTY.
The PERMITTEE shall assure that all Public and Private properties,including but not limited to, Electrical Equipment,Signs,
Guide Markers,and Survey Monuments,on or near the project is not damaged,destroyed,or removed. If any such property is
disturbed,the DEPARTMENT Representative shall be notified within eight(8)hours. Any Private or Public Property that is
damaged,removed,relocated or rendered less functional shall be replaced,repaired,or fully restored to the satisfaction of the
DEPARTMENT's Representative. Construction shall be in conformance to the current edition of the DEPARTMENT's Standard
Specifications,Standard Plans, Design Standards or Project Special Provisions.
® 14. WORKER VISIBILITY.
• FLAGGER APPAREL.
Traffic Control Supervisors, Flaggers,Spotters,and others performing Traffic Control Labor of any kind shall comply with the
following:
1) During daylight hours with clear visibility,workers shall wear a high-visibility ANSI/ISEA 107-2010 Class 2 or 3 vest or
jacket,and hardhat meeting the high-visibility headwear requirements of WAC 296-155-305;and
2) During hours of darkness(1/2 hour before sunset to 1/2 hour after sunrise)or other low visibility conditions(snow,rain,
fog,etc.),workers shall wear a high-visibility ANSI/ISEA 107-2010 Class 2 or 3 vest or jacket,high-visibility lower
garment meeting ANSI/ISEA 107-2010 Class E,and hardhat meeting the high-visibility headwear requirements of
WAC 296-155-305.
• APPAREL—OTHER CONTRACTOR PERSONNEL.
The PERMITTEE and/or the Contractor shall require all other personnel in the DEPARTMENT owned highway right-of-way or
highway right-of-way under DEPARTMENT jurisdiction under their control(including Service Providers,Subcontractors,and
lower tier Subcontractors)that are on foot in the work zone and are exposed to vehicle traffic or construction equipment to wear
the high-visibility apparel meeting Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2010 publication titled
"American National Standard for High Visibility Safety Apparel and Headwear.
❑ 15. TRAFFIC CONTROL AND PUBLIC SAFETY.
• TRAFFIC CONTROL PLANS(TCPs).
During the construction and/or maintenance of this facility,the PERMITTEE shall submit Project Specific Traffic Control Plans for
vehicular,bicycle and pedestrian/ADA traffic to the DEPARTMENT for review and approval at least ten(10)working days in
advance of the time that signing and other traffic control devices will be required. These TCP's shall be in compliance with:(1)
M54-44-WSDOT Work Zone Traffic Control Guidelines(http://www.wsdot.wa.gov/publications/manuals/fulltext/M54-
44/Workzone.pdf), (2)The Manual on Uniform Traffic Control Devices(MUTCD)for Streets and Highways—Part 6;Chapter 6H
(http://mutcd.fhwa.dot.gov/HTM/2003r1/part6/part6hl.htm)and Washington modifications thereto.
• HAZARD PROTECTION.
All hazards to vehicular,pedestrian,and bicycle traffic shall be marked by warning signs,barricades,and lights.
• MODIFICATION OR REVOCATION OF APPROVED TRAFFIC CONTROL PLANS.
The DEPARTMENT reserves the right to modify or revoke any Traffic Control Plan at any time due to safety and operational
problems for the traveling public. All costs and time delays associated with modification or revocation shall be borne by the
PERMITTEE or its Contractor.
• PERMITTED HOURS FOR LANE CLOSURES/DEPARTMENT NOTIFICATION.
The working hours within State Highway right-of-way for this project are restricted per the Approved Traffic Control Plans. Any
extension of these hours must be requested in writing and approved prior to construction.Weekend or Holiday(including
Canadian Holidays-Skagit&Whatcom Counties)work is not permitted without written permission from the DEPARTMENT.
Ten(10)working days notification shall be given to the DEPARTMENT Representative prior to any lane closure.
• SUSPENSION OF TRAFFIC CONTROL OPERATIONS.
The DEPARTMENT reserves the right to suspend all lane closure operations due to unexpected emergencies or impediments to
the flow of traffic. All costs associated with this suspension shall be borne by the PERMITTEE or their Contractor.
• STORAGE OF EQUIPMENT AND MATERIALS.
All lanes shall be open and the shoulders shall be clear of construction equipment and materials during non-working hours. The
Work Zone Clear Zone(WZCZ)applies during working and non-working hours. The WZCZ applies only to temporary roadside
objects introduced by the Contractor's operations and does not apply to pre-existing conditions or permanent work. Those work
operations that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans,and other
Contract or Permit requirements.
During nonworking hours,equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail
or temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the DEPARTMENT approves the
installation and location.
During actual hours of work,unless protected as described above,only materials absolutely necessary to construction shall be
within the WZCZ and only construction vehicles absolutely necessary to construction shall be allowed within the WZCZ or
allowed to stop or park on the shoulder of the roadway.
The Contractor's non-essential vehicles and employees private vehicles shall not be permitted to park within the WZCZ at any
time unless protected as described above.
Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing,and the
DEPARTMENT has provided written approval.
Form:Special Provisions for GeneralPermit—LimitedAccessorCounty Exhibit C-GMB 1121 -page 8 of 13 EXHIBIT'A'
Rev:04114116 Page 4
❑ 16. TRAFFIC CONTROL SUPERVISOR(Required for Large or Complex Projects: Lane Closures on Highways 40 MPH or Greater,
New Signal Construction,Signal Modifications,Roundabout Construction,Major Channelization Changes,or Night Work).
The PERMITTEE or Prime Contractor shall employ an individual or individuals to perform the duties of Full-Time Traffic Control Supervisor
(TCS),certified by the DEPARTMENT. The TCS shall be responsible for safe implementation of Approved Traffic Control Plans. The TCS
shall be present on the project whenever flagging,spotting,or other traffic control is being utilized. The TCS shall be responsible for
having a current set of approved Traffic Control Plans,Inspecting traffic control devices and nighttime lighting for proper location,
installation,message,cleanliness,and effect on the traveling public. Traffic control devices shall be inspected at least once per hour
during working hours. The TCS shall correct,or arrange to have corrected,any deficiencies noted during these inspections. The
PERMITTEE or Prime Contractor shall maintain 24-hour telephone numbers at which the TCS can be contacted and be available upon
request of the DEPARTMENT Construction Representative at other than specified working hours.
Li 17. TRAFFIC SIGNAL CONSTRUCTION.
• DESIGN/CONSTRUCTION/INSPECTION.
The PERMITTEE shall assure that the design and construction of Traffic Signals and illumination on signal poles installed within
the DEPARTMENT highway right-of-way meets all requirements of the DEPARTMENT.
• TRAFFIC SIGNAL STANDARDS—APPROVAL
Traffic signal standards shall be furnished and installed in accordance with the methods and materials noted in the applicable
Standard Plans,pre-approved plans,or special design plans. If the proposed signal standards are not on the DEPARTMENT's
PRE-APPROVED LIST(httD://www.wsdot.wa.qov/eesc/bridge/lightsignalstandards/index.cfm),Signal Pole Shop Drawings
(Seven(7)sets of copies)shall be submitted to the DEPARTMENT's Representative for transmittal to HQ for approval.
• ILLUMINATION DURING CONSTRUCTION.
Pre-existing illumination shall be maintained and functional at all times during construction until the new illumination is
operational.
• TEMPORARY VIDEO DETECTION SYSTEM.
If any induction loop is scheduled to be disabled,a temporary video detection system shall be completely installed and made
operational prior to any associated induction loop being disabled.
• TRAFFIC DETECTION LOOPS.
The Contractor shall notify the Area Traffic Engineer through the DEPARTMENT's Representative a minimum of five working
days in advance of pavement removal or grinding in areas with existing loops.
All new traffic detection loops shall be installed after grinding or prior to paving the final lift of asphalt unless otherwise approved
by the DEPARTMENT's Construction Representative.
If the DEPARTMENT's Representative suspects that damage to any loop,not identified in the Plans as being replaced,may
have resulted from Contractor's operations or is not operating adequately,the DEPARTMENT's Representative may order the
Contractor to perform the field tests specified in Section 8 20.3(14)D. The test results shall be recorded and submitted to the
DEPARTMENT's Representative. Loops that fail any of these tests shall be replaced.
Loops that fail the tests,as described above,and are replaced shall be installed in accordance with current WSDOT design
standards and Standard Plans,as determined by the DEPARTMENT's Construction Representative.
If traffic signal loops that fail the tests,as described above,are not replaced and operational within 48 hours,the Contractor shall
install and maintain interim video detection until the replacement loops are operational. The type of interim video detection
furnished shall be approved by the DEPARTMENT's Representative prior to installation.
• TRAFFIC SIGNAL HEADS.
Unless ordered by the DEPARTMENT's Construction Representative,signal heads shall not be installed at any intersection until
all other signal equipment is installed and the controller is in place,inspected,and ready for operation at that intersection,except
that the signal heads may be mounted if the faces are covered with Signal Head Covering Material.
• SIGNAL HEAD COVERING.
The signal head covering material shall be manufactured from a durable fabric material,black in color with a mesh front,and
designed to fit the signal head configuration properly. The covers shall have an attachment method that will hold the cover
securely to the signal in heavy wind. The covers shall be provided with a drain to expel any accumulated water.
• TRAFFIC SIGNAL PRE-TURN-ON COORDINATION MEETING AND TESTING.
Prior to a Traffic Signal Turn-on event,the PERMITTEE/Contractor shall conduct a Pre Turn-on coordination meeting with the
following Contracting Agency personnel included as invited attendees: DEPARTMENT's Construction Representative, Electrical
Inspector,Signal Operations Engineer,and Signal Maintenance Technician. The PERMITTEE/Contractor shall provide the
Engineer a minimum of 5 days written notice of the proposed Pre Turn-on coordination meeting date and time. Prior to the Pre
Turn-on coordination meeting,the PERMITTEE/Contractor shall complete the items of work detailed in the Traffic Signal Turn-on
Checklist and submit the completed checklist to the DEPARTMENT's Construction Representative.The Traffic Signal Turn-on
Checklist form will be furnished to the PERMITTEE/Contractor by the DEPARTMENT's Construction Representative.
Unless approved by the DEPARTMENT's Construction Representative,the permitted hours for Pre-Turn-On coordination and
testing shall be per the Approved Traffic Control Plan(s)for the specific operation.
• TRAFFIC SIGNAL TURN-ON AND/OR SWITCHOVER OPERATIONS.
The PERMITTEE shall contact the DEPARTMENT's Representative at least five(5)working days prior to scheduling a signal
turn-on in order to assure that all appropriate items of the DEPARTMENT's "Traffic Signal Turn-On Checklist"are satisfactorily
addressed. The Pre-Turn-On and Turn-On shall not occur until all applicable Checklist items are installed and/or connected.
This Checklist can be located on the DEPARTMENT's web site at
(http://www.wsdot.wa.qov/Northwest/DevelopmentServices/LocalAgencV.htm). Go to("What is needed to turn on a
traffic signal?").
Form:Special Provisions forGeneralPermit—LimitedAccessorCounty Exhibit C-GMB 1121 -page 9 of 13 EXHIBIT'A'
Rev:04114116 Page 5
Prior to scheduling a turn-on date,the PERMITTEE/Contractor shall provide verification to the DEPARTMENT's Construction
Representative that all required testing has been satisfactorily completed.
The traffic signal turn-on procedure shall not begin until all required channelization,pavement markings,illumination,signs,and
sign lights are substantially complete and operational unless otherwise allowed by the DEPARTMENT's Construction
Representative.
If the Contractor is directed to turn off the traffic signal,the Contractor shall schedule a new turn-on date with the Engineer in
accordance with the previously mentioned procedures.
• PERMITTED HOURS FOR SIGNAL TURN-ON AND/OR SWITCHOVER OPERATIONS.
Unless approved by the DEPARTMENT's Construction Representative,the permitted hours for Traffic Signal Turn-on or Switch-
Over shall be per the Approved Traffic Control Plan(s)for the specific operation. Signal Switchover and Turn-On operations are
permitted only on Tuesday,Wednesday,or Thursday—except in the case of an emergency. No Switchover or Turn-On
operations will be permitted on Monday,Friday,weekends,holidays,or the day preceding a holiday.
a NEW SIGNAL AHEAD/SIGNAL REVISION WARNING SIGNING:
"NEW SIGNAL AHEAD"(W20-902) or"SIGNAL REVISION AHEAD"(W20-903)signs shall be installed in advance of all
affected directions of travel on the Project when a new traffic signal system is installed or when modifications to and existing
signal are made. The location of the signs shall be per Section 2C.05 of the MUTCD,or as directed by the DEPARTMENT's
Construction Representative. These signs are 48"X 48"black letters on orange background,and shall be post mounted. The
bottom of the sign shall be mounted seven(7)feet above the pavement elevation. Each sign shall have three 12"by 12"
Fluorescent Orange flags or Flag Signs mounted on both sides and on top of the sign. The flags signs shall be made of
aluminum. Flags shall be made of durable cloth or plastic. The signs and flags shall stay erect for six to eight weeks or as
directed by the DEPARTMENT's Construction Representative.
❑ 18. TRAFFIC REVISION WARNING SIGNING.
"TRAFFIC REVISION AHEAD"(W20-901)signs shall be installed in advance of all affected directions of travel on the Project when the
channelization of the highway is changed. The location of the signs shall be per Section 2C.05 of the MUTCD,or as directed by the
DEPARTMENT's Representative. These signs are 48"X 48"black letters on orange background,and shall be post mounted. The bottom
of the sign shall be mounted seven(7)feet above the pavement elevation. Each sign shall have three 12"by 12"Fluorescent Orange flags
or Flag Signs mounted on both sides and on top of the sign. The flags signs shall be made of aluminum. Flags shall be made of durable
cloth or plastic. The signs and flags shall stay erect for six to eight weeks or as directed by the DEPARTMENT's Construction
Representative.
❑ 19. ILLUMINATION CONSTRUCTION.
• DESIGN/CONSTRUCTION/INSPECTION.
The PERMITTEE shall assure that the design and construction of all illumination installed within the DEPARTMENT owned right
of way or highway right of way under DEPARTMENT jurisdiction meets all requirements of the DEPARTMENT.
• ILLUMINATION DURING CONSTRUCTION.
Pre-existing illumination shall be maintained and functional at all times during construction until the new illumination is
operational.
❑ 20. CHANNELIZATION PAVEMENT MARKINGS.
• REMOVAL.
Removal of Pavement Markings Pavement markings to be removed shall be obliterated until blemishes caused by the pavement
marking removal conform to the coloration of the adjacent pavement. Grinding to remove painted markings is only allowed prior
to application of a Bituminous Surface Treatment(BST). Grinding to remove pavement markings from hot mix asphalt and
cement concrete pavements is allowed to a depth just above the pavement surface,then water blasting or shot blasting shall be
required to remove the remaining markings. If in the opinion of the DEPARTMENT's Construction Representative the pavement
is materially damaged by pavement marking removal,such damage shall be repaired by the Contractor in accordance with
Section 1-07.13(1). Sand or other material deposited on the pavement as a result of removing lines and markings shall be
removed as the Work progresses to avoid hazardous conditions.Accumulation of sand or other material which might interfere
with drainage will not be permitted.
• STRIPING/PAVEMENT MARKING APPLICATION.
Two applications of paint shall be required on all paint stripe markings as per the Contract Plans or the DEPARTMENT Standard
Specifications. Plastic Pavement markings shall be applied per the Contract Plans or the DEPARTMENT Standard
Specifications.
❑ 21. SIGN INSTALLATION AND MAINTENANCE.
All Directional, Regulatory, Parking,and Stop Signs as well as Route Markers shall be installed as per the Approved Plans,the WSDOT
Standard Plans,or as directed by the DEPARTMENT's Representative. The DEPARTMENT shall own and maintain all signs unless the
PERMITTEE signs a Contract or Maintenance Agreement with the DEPARTMENT to perform Sign maintenance.
❑ 22. INTELLIGENT TRANSPORTATION SYSTEM CONSTRUCTION/INSPECTION.
The PERMITTEE shall assure that the construction of Intelligent Transportation Systems owned by the DEPARTMENT meets all
requirements of the DEPARTMENT.
Form:Special Provisions for General Permit—Limited Access or County Exhibit C-GMB 1121 -page 10 of 13 EXHIBIT'A'
Rev:04114116 Page 6
❑ 23. LANDSCAPING ON DEPARTMENT RIGHT OF WAY.
• PLANTINGS.
If the PERMITTEE desires to plant and/or cultivate any shrubs,trees,hedges,or other domestic or native ornamental growth on
the DEPARTMENT owned highway right-of-way that is more extensive than regular DEPARTMENT vegetation,the PERMITTEE
shall obtain a Roadside Vegetation Permit(DOT Form 220-018)from the DEPARTMENT for the maintenance of the plantings.
• IRRIGATION SYSTEMS.
If the PERMITTEE obtains a Roadside Vegetation Permit for Plantings,the PERMITTEE may be required to obtain additional
approval for permanent irrigation systems. The PERMITTEE shall be responsible for water and electrical costs.
® 24. EROSION CONTROL/DRAINAGE.
• BEST MANAGEMENT PRACTICES(BMPs).
During construction of this project,the GRANTEE shall comply with the Washington State Department of Transportation
Highway Runoff Manual,or DEPARTMENT-approved equivalent,and implement Best Management Practices(BMPs)as
detailed in the manual to mitigate erosion.
• WATER DISCHARGES ON THE PROJECT.
All discharges to State right of way on this project shall conform to State and Local water quality regulations and shall meet WAC
173-201 A.
• DRY NATIVE SEED.
Seed of the following composition,proportion and quality shall be applied at a rate of 50 pounds per acre on disturbed areas
requiring seeding,fertilizing and mulching::
Kind and Variety of Pounds of Pure
Seed in Mixture Live Seed Per Acre
Sterile Triticale or Sterile Wheat Grass 40.0
Creeping Red Fescue(Festuca rubra ssp.rubra) 7.5
Rough Bentqrass(Aarostis scabra 2.5
TOTAL 50.0
• TRACKING OF MATERIALS AND/OR DEBRIS ONTO THE HIGHWAY.
The roadway shall be adequately cleaned immediately if tracking or spilling occurs.
® 25. MAINTENANCE OF LANDSCAPING.
The PERMITTEE is responsible for the maintenance of all landscaping beyond the face of the curbs(or edge of pavement)and in the
median of divided highways.
® 26. INTERFERANCE TO HIGHWAY DRAINAGE.
If the work done under this PERMIT interferes in any way with the drainage of the State Highway,the PERMITTEE shall wholly and at its
own expense make such provision as the DEPARTMENT may direct to deal with said drainage.
® 27. PIPE END TREATMENT.
All culvert pipes shall have beveled end sections and quarry spalls shall be placed around end of pipes in the bottom of the ditch,and on
the side of the slopes.
® 28. UTILITY COVER ELEVATION.
All manholes,valve covers,and like appurtenances shall be constructed at such an elevation to conform to the shoulder slope from the
edge of pavement or as directed by the DEPARTMENT.
Form:Special Provisions for General Permit—Limited Access or County Exhibit C GMB 1121 page Ii of 13 EXHIBIT`A'
Rev:04114116 Page 7
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