HomeMy WebLinkAbout6.12 Amendment(S' 2
Permit/Franchise No. 30310 Amend #2
Applicant - Please print or type all information
Application is Hereby Made For: ❑ Permit ❑ Category 1 $500.00
Franchise x Amendment X Category 2 $300.00
❑ Franchise Consolidation $300.00 ❑ Category 3 $150.00
❑ Franchise Renewal $250.00
Intended Use of State Right of Way is to Construct, Operate, and Maintain a:
Private sanitary sewer service lateral connection to existing 10" PVC main. on a portion of
State Route 101 (at/from) Mile Post 251.66 to Mile Post 251.66 in Clallam County,
to begin in the SE 1/4 of NE' /4 Section 7 Township 30 North: Range 5 West W.M.
and end in the SE 1/4 of NE' /4 Section 7 Township 30 North: Range 5 West W.M.
Fees in the amount of $ are paid to cover the basic administrative expenses incident to the processing of this
application according to WAC 468 -34 and RCW 47.44 and amendments thereto. The applicant promises to pay any
additional costs incurred by the Washington State Department of Transportation (Department) on the behalf of the applicant.
Checks or Money Orders are to be made payable to "Washington State Department of Transportation."
City of Port Angeles
Applicant (Referred to as Utility) Applicant Authorized Si natur
P. O. BOX 1150 Michael Szatlocky, PE
Address Print or Type Name
Port Angeles WA 98362 Civil Engineer
City State Zip Code Title
360- 417 -4808 Dated this 2 day of April, 2014
Telephone
mszatloc @cityofpa. us 91- 6001266
Email Federal Tax ID or Social Security Number
N/A
Applicant Reference (WO) Number
Authorization to Occupy Only If Approved Below
The Department hereby grants this Permit or Franchise, as applicable, 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.
For Department Use Only
Exhibits Attached
De pprovaI
Exhibit "A" - Special Provisions for Permits and
By: -
Franchises, 8 Pages
Exhibit "B" - Utility Facility Description, 1 Page
Title: e r M. Townsend (Region Utilities Engineer)
Exhibit "C" - Plans showing details, 1 Pages
Exhibit "D" - Traffic Control Plans, 1 Pages
Date:
Exhibit "E" - Underground encroachment detail, 1 Page
February 23, 2032
Expiration Date:
MAPWashington State
Department of Transportation Application for Utility Franchise
MS Word simulation of DOT Form -'24-,396 EF
Current as of O1 -07 -2014
General Provisions
This Permit or Franchise is issued pursuant to the terms of RCW 47.32, RCW 47.44, and WAC 468 -34, and amendments thereto.
Renewal of a Franchise must be by application prior to expiration of this Franchise as required by RCW 47.44.020(3).
1. A copy of this Permit or Franchise must be on the job site, protected from the elements, at all times during any construction
authorized by this Permit or Franchise.
2. The Utility agrees to pay the reasonable costs for investigating, handling, and granting the Permit or Franchise, including, but
not limited to basic overhead charges and for providing an inspector during construction and /or maintenance of the Utility's
facilities. Further, the Utility agrees that it shall be responsible for and pay the Department's expended direct and indirect costs
associated with applicable provisions of the Permit or Franchise.
(a) The Department will assign a reimbursable account to the Utility as a means of invoicing the Utility for the costs
associated with this Permit or Franchise.
(b) The Department will invoice the Utility and the Utility agrees to pay the Department within thirty (30) calendar days
of receipt of an invoice.
3. Upon approval of this Permit or Franchise, the Utility shall diligently proceed with the Work and comply with all General and
Special provisions herein. Construction of facilities proposed under this Permit or Franchise shall begin within one (1) year
and must be completed within three (3) years from date of Department approval. "Work" under this Permit or Franchise shall
mean construction, operation, and maintenance of the Utility's facilities as authorized herein.
4. The Utility shall notify the Department representative in special provision 1 of the name, address, and telephone number of its
contractor when Work outlined herein is going to be performed with other than its own forces. When the Utility uses a contractor,
an authorized representative of the Utility shall be present or available at all times unless otherwise agreed to by the Department
representative. A list of authorized representatives shall be submitted prior to the construction start date. (Authorized
representatives are defined as persons having signatory authority for the Utility and or the authority to control the Work as
needed for any issues identified by the Department.)
5. The Utility agrees to schedule and perform its Work in such a manner as not to delay the Department's contractor's work when
the Department has a contractor performing work in the vicinity of the Utility's Work.
6. All contact between the Department and the Utility's contractor shall be through the Utility representative. Where the Utility
chooses to perform the Work with its own forces, it may elect to appoint one of its own employees engaged in the Work as its
representative. The Utility, at its own expense, shall adequately police and supervise all Work performed by itself, its contractor,
subcontractor, agent, and /or others, so as not to endanger or injure any person or property.
7. The Utility shall contact the identified Department representative two (2) weeks prior to conducting Work, to determine the location
of survey control monuments within the area in which the Utility will be working. In the event any monument or right of way marker
will be altered, damaged, or destroyed by the Utility, the Department, prior to Utility 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 Utility shall cease Work in that
area and immediately notify the Department of the discovery. The Department will coordinate with the Utility to ensure that the
monument or right of way marker is recorded or replaced. The Utility agrees to pay all Department costs to perform monument or
right of way marker work, as provided in this provision, in accordance with general provision 2.
8. In the event any milepost, fence, or guardrail is located within the limits of the Utility's Work and will be disturbed during Utility
Work, the Utility agrees to carefully remove these highway facilities prior to Utility Work and reset or replace these highway
facilities after the Utility Work, to the Department's sole satisfaction and at the sole cost of the Utility. The Utility agrees that all
highway signs and traffic control devices shall not be removed or disturbed during Utility Work.
9. The Utility agrees that all Work shall be done to the satisfaction of the Department. All material and workmanship shall conform to the
Department's Standard Specifications for Road, Bridge, and Municipal Construction, current edition, and amendments thereto, and
shall be subject to Department inspection. All Department acceptance and inspections are solely for the benefit of the Department
and not for the benefit of the Utility, the Utility's contractor (if any), or any third party. The Utility agrees that it shall pay all Department
inspection costs in accordance with general provision 2.
DOT Form 224 -696 EF
Revised 02/2014 Page 2
10. The Utility shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways (Federal Highway
Administration) and the State of Washington modifications thereto (chapter 468 -95 WAC) while it performs the Work. If the
Department requires, the Utility shall submit a signing and traffic control plan to the Department's representative for approval prior to
construction or maintenance Work. No lane closures shall be allowed except as approved by the Department's representative.
Approvals may cause revision of Special Provisions of this Permit or Franchise, including hours of operation.
11. This Permit or Franchise may not be amended or modified without the Department's prior review and approval. Upon completion of
the Work, the Utility shall provide a written notice of completion of the Work to the Department's representative within ten (10)
calendar days of the completion of the Work so that the Department may make its final inspection. Further, the Utility shall provide
the Region Utilities Engineer with detailed as -built drawings within ninety (90) calendar days of Work completion, if the originally
approved Permit or Franchise construction plans have been revised during the course of construction.
12. If the Department, at its sole discretion, shall determine that any or all of the Utility's facilities must be modified, removed from, or
relocated within the state -owned highway right of way as necessary, incidental, or convenient for the construction, alteration,
improvement, repair, relocation, or maintenance of the state highway, or for the safety of the traveling public, the Utility, its
successors and assigns, shall, at its sole cost and expense, upon written notice by the Department, modify, relocate, or remove any
or all of its facilities within or from the state -owned highway right of way as required by the Department. The Utility shall perform in a
timely manner all facility modifications, relocations, and /or removals as the Department directs, to avoid highway project impacts or
delays and in such manner as will cause the least disruption of traffic or interference with the Department's continued operation
and /or maintenance of the highway.
13. Should the Utility fail or refuse to comply with the Department's direction, pursuant to general provision 12, to modify, remove, or
relocate any Utility facility, the Department may undertake and perform any modification, removal, or relocation of the Utility facility
that the Department, in its sole discretion, deems necessary. The Utility agrees to pay the Department's expended costs and
expenses for performing the work, in accordance with general provision 2.
14. If the Department determines in good faith that emergency maintenance work on the Utility's facility is needed 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 Utility's facility, the Department
may perform the necessary work without the Utility's prior approval, and the Utility agrees to pay the Department's expended costs and
expenses for performing the work in accordance with general provision 2. The Department will notify the Utility of the emergency work
performed as soon as practicable.
15. The Department may amend, revoke, or cancel this Permit or Franchise at any time by giving written notice to the Utility. If the Permit
or Franchise is amended, the Utility will have thirty (30) calendar days to modify the facility as the Permit or Franchise amendment(s)
require. If the facility modifications cannot be made within thirty (30) calendar days, the Utility shall respond to the Department, in
writing, as to when the facility modifications can be made. If the Permit or Franchise is revoked or canceled, the Utility shall
immediately remove all facilities from the right of way. Any facilities remaining upon the right of way thirty (30) calendar days after
written notice of Permit or Franchise revocation or cancellation may be removed by the Department at the expense of the Utility. The
Utility agrees to pay the Department's expended costs and expenses for performing the work in accordance with general provision 2.
16. Should the Utility breach any of the conditions and requirements of this Permit or Franchise, or should the Utility fail to proceed
with due diligence and in good faith with the Work as authorized by this Permit or Franchise, the Department may cancel or
revoke the Permit or Franchise upon thirty (30) calendar days written notice to the Utility.
17. The Utility 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
first receiving the Department's written authorization.
18. The Utility agrees to maintain, at its sole expense, its facilities authorized by this Permit or Franchise in a condition
satisfactory to the Department.
19. The Utility agrees that it is financially responsible to the Department for all necessary expenses incurred in inspecting the
construction and restoring the highway pavement or related transportation equipment or facilities to a permanent condition suitable
for travel as determined by the Department, as well as financially responsible to the Department for trenching work not completed
and for compensating the Department for the loss of useful pavement life caused by trenching as required by RCW 47.44.020.
DOT Form 224 -696 EF
Revised 02/2104 Page 3
20. Upon completion of all Work, the Utility 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 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 one (1) week of Work completion, unless otherwise negotiated, will be done by the Department at the
expense of the Utility. The Utility agrees to pay the Department's expended costs and expenses for performing the work in
accordance with general provision 2.
21. For the benefit and safety of the traveling public, the Utility voluntarily agrees to permit the Department to attach and maintain upon
any Utility facility under this Permit or Franchise any required traffic control devices, such as traffic signals, luminaires, and overhead
suspended signs, when the use of such devices or attachments does not interfere with the use for which the facility was constructed.
The Department shall bear the cost of attachment and maintenance of such traffic control devices, including the expended cost of any
extra Utility infrastructure construction beyond what is necessary for the Utility's facility; such extra cost to be jointly determined by the
Department and the Utility. The Department shall not share in the Utility facilities' cost of installation, operation, or maintenance of any
of the facilities installed under this Permit or Franchise.
22. The Utility shall comply with the Department's Temporary Erosion and Sediment Control Manual (M 3103.01) and any revisions
thereto, for erosion control and /or to mitigate any erosion occurring as a result of the Work. If the Utility Work performed under this
Permit alters, modifies, changes, or interferes in any way with the drainage of the state -owned highway right of way, the Utility shall, at
its own expense, make all corrections and /or provisions the Department requires to fix and restore the state -owned right of way
drainage to its original condition and function prior to the Utility's Work. Any flows from the Utility shall not exceed the flows
discharging to WSDOT drainage prior to the new work. Any flows discharged to state -owned highway right of way shall meet the
requirements for quantity and water quality according to the current version Highway Runoff Manual (M 31 -16). Should the Utility not
make the required drainage restoration, the Department reserves the right to make such changes as necessary to restore the original
drainage function at the sole cost of the Utility, and the Utility agrees to pay the Department's expended costs and expenses for
performing the work in accordance with Stormwater Discharge General Provision 2.
23. The Utility 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
or Franchise. The Utility shall be responsible for mitigation measures where wetlands have been disturbed and agrees that it is
responsible for any fines imposed for noncompliance with the permit(s) conditions or for failure to obtain the required permits. In
addition, the Utility, 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 Utility's failure to (1) obtain any required permit for the Utility Work or (2) comply with permit conditions. Further, the
Utility shall be responsible for compliance with all federal, state, and local laws, regulations.
24. For any of the Utility's Work that requires permit coverage under the "CONSTRUCTION STORMWATER GENERAL PERMIT —
National Pollutant Discharge Elimination System and State Waste Discharge General Permit for Stormwater Discharges
Associated with Construction Activity" (Construction Stormwater General Permit), the Utility shall obtain said permit coverage
and shall comply with all requirements of the Construction Stormwater General Permit. Upon the Department's request, the
Utility shall provide a copy of the Construction Stormwater General Permit. In addition, the Utility, 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
Utility's failure to (1) obtain coverage under the Construction Stormwater General Permit for Utility Work or (2) comply with the
Construction Stormwater General Permit requirements.
25. This Permit or Franchise does not authorize the Utility, or its employees, contractors, or agents, any right to cut, spray, retard,
remove, destroy, disfigure, or in any way modify the physical condition of any vegetative material located on the state -owned highway
right of way. Should the Utility anticipate that its Work will alter the appearance of the state -owned highway right of way vegetation,
the Utility shall notify the Department representative listed in special provision 1 to obtain the Department's prior written approval of
the Utility's proposed work. If the Department permits the Utility to modify the state -owned highway right of way vegetation, it agrees
that any vegetation cutting and /or trimming activities shall be conducted in such a manner that the state -owned highway right of way
vegetation appearance will not be damaged. Should the Utility damage the appearance of the state -owned highway right of way
vegetation without the Department's prior written approval, the Utility is subject to penalties provided for in RCWs 47.40.070,
47.40.080, and 4.24.630, as applicable.
DOT Form 224 -696 EF
Revised 02/2014 Page 4
26. The Utility hereby certifies that its facilities described in this Permit or Franchise are (1) in compliance with the Control Zone
Guidelines, or (2) for a franchise consolidation or renewal, a mitigation plan has been submitted and approved for any
existing Location I or Location II utility objects to be corrected in accordance with the Control Zone Guidelines, pursuant to
Chapter 9 of the Department's Utilities Manual (M 22 -87) and any revisions thereto.
27. The Utility shall not assign or transfer this Permit or Franchise without the Department's prior written approval. The Utility 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 or Franchise, and the Utility will advise the assignee or transferee of its obligation to apply for
an updated or replacement Permit or Franchise. If the Department does not approve the assignment or transfer, this Permit or
Franchise shall automatically terminate, and the facility occupying state -owned highway right of way shall be subject to the terms of
RCW 47.44.060.
28. The Utility, its successors and assigns, shall indemnify, defend at its sole cost and expense, and hold harmless the State of
Washington, its officers and employees, from all claims, demands, damages (both to persons and /or property), expenses, regulatory
fines, and /or suits that (1) arise out of or are incident to any acts or omissions of the Utility, its agents, contractors, and /or
employees, in the use of the state -owned highway right of way as authorized by the terms and conditions of this Permit or
Franchise, or (2) are caused by the breach of any of the terms or conditions of this Permit or Franchise by the Utility, its successors
and assigns, and its contractors, agents, and /or employees. The Utility, its successors and assigns, shall not be required to
indemnify, defend, or hold harmless the State of Washington, its officers and /or employees, if the claim, suit, or action for damages
(both to persons and /or property) is caused by the acts or omissions of the State of Washington, its officers and /or employees;
provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the State of Washington, its officers and /or
employees, and (b) the Utility, its agents, contractors, and /or employees, 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 Utility, its
agents, contractors, and /or employees.
29. The Utility agrees that its obligations under this Permit or Franchise 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 or Franchise while located on state -owned
highway right of way. For this purpose, the Utility, 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.
30. The indemnification and waiver provided for in general provisions 28 and 29 shall survive the termination of this Permit or Franchise.
31. Any action for damages against the State of Washington, its agents, contractors, and /or employees, arising out of damages to
a utility or other facility located on state -owned highway right of way, shall be subject to the provisions and limitations of RCW
47.44.150.
32. This Permit or Franchise 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 utilities, 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. Further, the
Department reserves the exclusive right to require that all utility facilities be subject to joint trenching and occupancy.
DOT Form 224 -696 EF
Revised 02/2014 Page 5
® Washington State
V!/ Department of Transportation
Franchise No. 30310 Amendment 02
Applicable provisions are denoted by ( X)
Special Provisions for
Permits and Franchises
1. No Work provided for herein shall be performed until the Utility is authorized by the following Washington State
Department of Transportation (Department) Representative(s):
Name:
William Wonch
Name:
Title:
Utility Inspection Engineer
Title:
Street:
5720 Capitol Bivd. SE
Street:
City:
Tumwater
City:
State:
WA Zip: 98501 -5201
State:
Phone:
(360) 570 -6746 Cell:
Phone:
Email:
William. Wonch(cDwsdot.Wa.goy
Email:
Zip:
Cell:
The Utility shall notify in writing the identified Department representative(s) at least Five (� working days
(Monday through Friday excluding any holidays), in advance of commencing Work on state -owned highway right of
way.
Z 2. Prior to beginning the Work, a pre- construction conference shall be held at which the Department, Utility's engineer,
contractor, and inspector (as applicable) shall be present. The Utility shall give a minimum 5 working days (Monday
through Friday excluding any holidays) notice to the Department's representative(s) (prior to the pre- construction
conference)
Z 3. Work within the state -owned highway right of way shall be restricted to between the hours of 8:00 AM to5:00 PM
No Work shall be allowed on Saturday, Sunday, or holidays. In addition, the Utility shall be off the highway by noon the
day prior to a holiday unless authorized by the Department. If a holiday falls on a Saturday, the preceding Friday is
counted as the holiday, and the Utility shall be off the highway by noon Thursday. When the Holiday falls on a Monday the
Utility shall be off the right of way at noon on the preceding Friday. Nothing in this section shall limit the authority of the
Department to further restrict work within state -owned highway right of way at the Department's discretion. The hours of
closure are subject to change if unanticipated circumstances occur.
Z 4• During non - working hours equipment and materials shall not be located or stored within the work zone clear zone (WZCZ)
area. Minimum WZCZ distances will be measured from the edge of the traveled way (the portion of the roadway intended
for the movement of vehicles, exclusive of shoulders and lanes for parking, turning, and storage for turning) and will be
determined as follows:
Posted Speed
Distance From Traveled Way (ft)
35 mph or less
10
40 mph
15
i
45 to 55 mph
20
60 mph or greater
30
Minimum Work Zone Clear Zone Distance
DOT Form 224 -030 EF EXHIBIT "A"
Revised 09/2012 Page 1
Z 5. The Utility agrees that, in the event any construction and /or maintenance of the highway facility becomes necessary
within the proximity of the utility installation during the time the Utility will be working within the highway right of way,
it is expressly understood that, upon request from the Department's representative, the Utility will promptly identify
and locate by suitable field markings any and all of its underground facilities so that the Department or its contractor
can be fully apprised at all times of their precise locations.
6. Construction of this facility will not be permitted from the shoulders or through the traffic lanes and /or ramps of US 101
All construction access will be from _Private Property Side
7. All vehicles and equipment that are not essential for the Work shall not be parked on the shoulders or thru - traffic lanes and /or
ramps of US 101
❑ 8• No additional side (service) connections will be allowed within State right of way after the construction of the facility
authorized by this Permit or Franchise.
BOND AND INSURANCE COVERAGE
9. The Utility has provided bond coverage for the Work under this Permit or Franchise by furnishing a blanket surety bond held by
the Department at the WSDOT Headquarters Utilities Unit in Olympia, WA.
10, The Utility shall provide a surety bond to the Department in the amount of $ 2000 , written by a surety company
authorized to do business in the State of Washington, or shall set up a Department- approved escrow account prior to the start
of construction to cover the Work under this Permit or Franchise. The surety bond or escrow account shall remain in force for
a period of one (1) year after the written notice of completion of the Work (as provided in general provision 11), except that
when the Work impacts the paved highway (open cuts, bores or damage to the highway surface), the Utility shall be required
to maintain the surety bond or escrow account for a period of two (2) years after the notice of completion.
11. When the Utility chooses to perform the Work with other than its own forces and requires its contractor to provide a surety
bond to the Department before performing any Work to ensure compliance with all of the terms and conditions of this Permit
or Franchise, the bond shall be in the amount of $ 2000 , written by a surety company authorized to do business in
the State of Washington and shall remain in force for two (2) years from the completion date of all Work under this Permit or
Franchise, and the completion date shall not begin until the Utility's contractor has restored any affected Department
property and right of way to the satisfaction of the Department.
❑ 12. The Utility shall provide proof of insurance coverage prior to performing any Work within state -owned highway right of way,
as follows:
(a) Commercial General Liability covering the risks of bodily injury (including death), property damage, and
personal injury, including coverage for contractual liability, with a limit of not less than $1 million per
occurrence /$2 million general aggregate;
(b) Business Automobile Liability (owned, hired, or non - owned) covering the risks of bodily injury (including
death) and property damage, including coverage for contractual liability, with a limit of not less than $1
million per accident;
(c) Employers Liability covering the risks of Utility's employees' bodily injury by accident or disease, with limits
of not less than $1 million per accident for bodily injury by accident and $1 million per employee for bodily
injury by disease.
Such insurance policies or related certificates of insurance shall name the Washington State Department of Transportation
as an additional insured on all general liability, automobile liability, employers' liability, and excess policies. A forty -five (45)
calendar day written notice shall be given to the Department prior to termination of or any material change to the policy(ies)
as such relate(s) to this Permit or Franchise.
Z 13. If the Utility is a city or county, it may choose to provide verification of insurance coverage to the Department by providing
proof of its coverage through "Washington Cities Insurance Authority," or "Washington Counties Risk Pool" or verify that the
city or county is self- insured, to comply with the insurance terms and conditions of this Permit or Franchise.
DOT Form 224 -030 EF EXHIBIT "A"
Revised 09/2012 Page 2
UNDERGROUND FACILITIES
Z 14. The Utility shall completely remove all Deactivated Facilities (as defined in Washington State Department of Transportation
Utilities Manual M 22 -87).
Z 15. Deactivated facilities left within the state owned right of way shall remain owned by the Utility, who shall continue to bear all
responsibility for any future costs incurred for removal of the Deactivated facilities if required by the Department in its sole
discretion.
g 16. For underground facilities, markers shall be placed at each right of way line at one end of a normal crossing, at both ends of an
oblique crossing, and at all changes in offset distance from right of way line or centerline of the highway and placed every 500
feet for longitudinal installations. Marker information as a minimum shall include owner name, pipeline or cable identification and
station, and telephone number or other means to contact a local office.. Markers must meet an industry standard that will not
create a safety hazard, and all markers shall be placed and maintained so as to minimize interference with Department
maintenance operations. It is the Utility's responsibility to maintain its markers. Maintenance of markers includes but is not limited
to update of Utility's name (if changed) or Utility's successors' or assigns' contact information, and replacement of damaged or
missing markers.
17. All underground facilities shall include a component by which the utility can be located with conventional methods. In addition,
for all installations in trenches, the Utility shall install detector tape approximately 12 inches above the underground facility. The
tape shall conform to the standards of the American Public Works Association Uniform Color Code.
18. Utility facilities or casings for facilities crossing under highways surfaced with oil, asphalt concrete pavement, or cement concrete
pavement shall be by trenchless construction, using the appropriate equipment to jack, bore, or auger the facility through the
highway prism with a minimum depth of 5 feet along any point from the top of facility to the lowest point of the finished highway
grade, at a minimum of 3.5 feet depth from bottom of ditch /toe of slope to top of facility or casing.
Z 19. If PVC or HDPE casings are utilized for crossings, they shall be equivalent to or greater than Schedule 80.
20. Casing requirements (WAC 468 -34 -210) for utilities are specified individually or in whole on the attached exhibits. Any
variances to these casing requirements shall be justified, in writing, and approved by the Department.
❑ 21. Pipeline installation shall meet the provisions of chapter 480 -93 WAC, Gas Companies- Safety, and amendments thereto.
❑ 22. 'Open trenching (cutting a trench for direct placement of a utility that does not include cutting an existing paved highway surface)
will only be allowed at the locations identified on the plan sheets and /or listed on Exhibit(s) None Allowed with
restoration to be performed as noted on the attached "Open Trench Detail," Exhibit _
❑ 23. Open cuts (cutting a trench for direct placement of a utility that does include cutting the existing paved highway surface) of the
highway are a variance to Department policy, requiring justification (Open Cut Variance Request) and approval by the Department
prior to the Work beginning. Open cuts are only allowed at approved locations identified on the plan sheets and /or listed on Exhibit
(s) None Allowed , with restoration to be performed as noted on the attached "Open Cut Detail," Exhibit
Z 24. If determined necessary by the Department representative, any or all of the excavated material shall be removed and replaced
with suitable material as specified by the Department. It is the Utility's responsibility to obtain any necessary permits or comply
with applicable requirements to haul or dispose of any excavated material.
Z 25. If determined by the Washington State Department of Labor and Industries and /or the Department representative that extra Shoring
(beyond that specified in Section 7- 08.3(1)B of the Department's Standard Specifications for Road, Bridge, and Municipal
Construction) is necessary for the safety of the workers or the protection of the highway pavement, the trenching or excavation
work shall be stopped and no Work in the trench or excavation area will be allowed until satisfactory modifications are made.
26. All trenches, boring or jacking pits, etc., shall be backfilled as soon as possible. If left open during nonworking hours, they shall be
protected to the satisfaction of the Department. Methods of protection shall be submitted a minimum of Thirty
(3 calendar days in advance for approval by the Department prior to use.
DOT Form 224 -030 EF EXHIBIT "A"
Revised 09/2012 Page 3
AERIAL /ABOVEGROUND FACILITIES
❑ 27. All facilities on joint use poles shall be relocated at the time the pole owner either moves or removes its poles. (The pole
owner is the Permit or Franchise holder under which the poles were installed and is responsible for ensuring the removal
of the pole.)
❑ 28. Neutral conductors associated with circuits of 0 to 22 Kilovolts, where the neutral is considered to be 0 -750 Volts, shall
have a minimum clearance of 24 feet Vertical Clearance as indicated in WAC 468 -34 -290, , provided the facility is
grounded at each pole at each end of the crossing.
❑ 29. The Utility agrees to underground the aboveground facilities covered by this Franchise in Scenic Classes "A" and " "B ", as
defined on the attached Exhibit(s) , either at the time of major construction of the facility , for that
portion of facility to be reconstructed, or prior to expiration of this Franchise.
❑ 30. The Utility agrees to underground the aboveground facilities covered by this Franchise in Scenic Classes "A," "AX," "B," and /or
"BX," as defined on the attached Exhibit(s) , at the time the pole owner undergrounds its facility. The
existing aboveground facility may remain or be relocated as aboveground in Scenic Classes "AX" or "BX," if acceptable to the
Department.
❑ 31. The Utility agrees to underground or relocate the existing aboveground facilities covered by this Franchise in Scenic Classes
"A," "AX," "B," and /or "BX," as defined on the attached Exhibit(s) , to a location acceptable to the
Department either at the time of reconstruction, for the portion of line to be reconstructed, or prior to the expiration of this
Franchise. The existing aboveground facility may remain or be relocated as aboveground in Scenic Classes "AX" or "BX," if
acceptable to the Department.
MAINTENANCE
❑ 32. No routine maintenance of the facility authorized by this Permit or Franchise will be allowed within the limited access area.
Z 33. Maintenance of this facility will not be permitted from the shoulders, thru - traffic lanes, and /or ramps of US 101 and
all service to this facility will be accessed from Private Property Side
34. The Utility will notify the Department representative(s), listed in Special Provision 1, Seven ( _)working
days (Monday through Friday excluding any holidays) prior to any scheduled maintenance work to be performed in the
state -owned highway right of way.
DOT Form 224 -030 EF EXHIBIT «A» Page 4
Revised 09/2012 g
Special Provisions for
Permits and Franchises
(continued)
Utility Franchise 30310 Amendment 02
® 35. During construction and /or maintenance of this facility, the Utility shall comply with the traffic control plan attached
and marked "Exhibit D ". Any deviation from this traffic control plan will require approval by the Department's
representative prior to construction or maintenance operations.
The Utility must contact Port Orchard Maintenance, at (360) 874 -3050 and the Olympic Region Utility Inspection
Engineer at (360) 570 -6749 a minimum of one week prior to any lane closure operations. The Utility must contact
Olympic Radio at (253) 548 -2420 a minimum of one hour prior to any lane closure operations and immediately after
the lanes are reopened to traffic.
® 36. Work within the right of way shall be restricted to between the hours of 8:00 AM and 4:30 PM Monday through
Friday for lane and /or shoulder closures. No work shall be allowed on the right of way at any other time unless
authorized by the Department.
® 37. The Department will require a Certified Traffic Control Supervisor be on the project at all times. The requirements
of the Traffic Control Supervisor shall conform to Section 1- 10.2(1) and Section 1- 10.2(1)B of the WSDOT
Standard Specifications for Road, Bridge and Municipal Construction. The Traffic Control Supervisor shall be
certified by one of the following:
The Northwest Laborers - Employers Training Trust
27055 Ohio Ave.
Kingston, WA 98346
(360) 297 -3035
Evergreen Safety Council
401 Pontius Ave. N.
Seattle, WA 98109
1- 800 - 521 -0778 or (206) 382 -4090
The American Traffic Safety Services Association
15 Riverside Parkway, Suite 100
Fredericksburg, Virginia 22406 -1022
Training Dept. Toll Free (877) 642 -4637 or Phone: (540) 368 -1701
® 38. In accordance with WAC 468 -34 -250 the size of the opening for a bored highway crossing shall not exceed five
percent oversize in diameter. Backfill is required for all pipes over 12 inches in diameter. Overbreaks, unused
holes, or abandoned casings shall be backfilled as directed by the Department.
® 39. A method of boring shall be utilized with the capability of monitoring and controlling the alignment and grade of the
installation.
® 40. Utility facilities installed longitudinally shall comply with the depths shown for the following zones.
Zone A, minimum cover of 60 inches
Zone B, foreslope and backslope, shall have a minimum cover of 42 inches except in consolidated rock where the
minimum cover shall be 36 inches with a concrete casement of four inches or a steel plate above the facility.
Zone C, outside of Zone B, shall have a minimum cover of 36 inches including in consolidated rock where it is
necessary to saw or blast the rock to install the facility.
Side services shall have a minimum cover of 36 inches and all crossings shall have a minimum cover of 60 inches.
® 41. As required in the Minimum Federal Safety Standards, plastic pipe that is not encased must have an electrically
conductive wire or other means of locating the pipe while it is underground.
Page 5 EXHIBIT "A"
Special Provisions for
Permits and Franchises
(continued)
Utility Franchise 30310 Amendment 02
® 42. Potholing will be allowed only at locations approved by the Department representative. The method of potholing
and restoration shall be as directed by the Department representative.
® 43. Markers referenced in Special Provision # 15 shall conform to Section 8 -10 and Section 9 -17 of the WSDOT
Standard Specifications for Road, Bridge, and Municipal Construction, current edition. Marker colors shall conform
to Section 6- 01.10.
® 44. It is the responsibility of the Utility to secure any rights, easements, or permission required for the installation and
maintenance of facilities on private property within the limits of this franchise amendment.
® 45. The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. Those work operations
that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans, and
other franchise /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 Region Utilities Engineer 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 Utilities nonessential 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 Utility has requested the deviation in writing
and the Region Utilities Engineer has provided written approval.
Minimum WZCZ distances are measured from the edge of traveled way and will be determined as follows:
Posted Speed
Distance From
Traveled Way
Feet
35 mph or less
10
40 mph
15
45 to 55 mph
20
60 mph or greater
30
Minimum Work Zone Clear Zone Distance
® 46. Re- vegetation of Disturbed Areas:
The Utility shall limit site disturbance to the minimum necessary to install the utility. Vegetation removed,
destroyed, or damaged as a result of the Utilities operations, shall be replaced in accordance with the following:
All areas disturbed by construction activities shall be covered with a 3 -inch layer of Compost Type 1 as described
in Compost Blanket, Section 8- 01.3(4) and 9- 14.4(8) in the Standard Specifications. Areas that were previously
maintained as mowed erosion grass and areas determined by the Department representative shall be composted,
seeded, fertilized, and mulched. Seeding, fertilizing, and mulching shall be as specified in Special Provision # 47.
Application dates shall be as specified in Section 8- 02.3(15) F.
Areas determined by the Department representative will require additional planting. The types of plant species and
density of the planting will be determined prior to final restoration.
Page 6 EXHIBIT "A"
Special Provisions for
Permits and Franchises
(continued)
Utility Franchise 30310 Amendment 02
® 47. Seeding, fertilizing, and mulching will be required for all areas where the ground is disturbed due to the utility
installation. The Department's representative will have the final determination on which areas will require the
seeding, fertilizing, and mulching mitigation. The seeding, fertilizing, and mulching operation shall meet the
requirements of Division 8 of the Washington State Department of Transportation, Standard Specifications for
Road, Bridge, and Municipal Construction and the following supplements.
Seed
Section 9 -14.2 is supplemented with the following:
Grass seed, of the following composition, proportion, and quantity shall be applied at a rate of 80 pounds per acre
on all areas requiring roadside seeding within the project.
Kind and Variety of
% By
Minimum %
Minimum %
Seed in Mixture
Weight
Pure Seed
Germination
Red Fescue
40
39.2
90
Perennial Rye
40
39.2
90
Colonial Bentgrass
10
9.8
85
White Dutch Clover, pre - inoculated
10
9.8
90
Weed Seed
0.5
Inert / Other
1.5
Fertilizer
Section 9 -14.3 is supplemented with the following:
Sufficient quantities of fertilizer shall be applied to supply the following amounts of nutrients:
Total Nitrogen as N - 135 pounds per acre.
Available Phosphoric Acid as P2O5 - 60 pounds per acre.
Soluble Potash as K2O - 60 pounds per acre.
Ninety pounds of nitrogen applied per acre shall be derived from isobutylidene diurea (IBDU), cyclo -di -urea (CDU),
or sulphur coated urea (SCU). The remainder may be derived from any source.
The fertilizer formulation and application rate shall be approved by the Department's Representative before use.
Mulching and Amendments
Section 9 -14.4 is supplemented with the following:
Wood cellulose fiber mulch shall be applied at a rate of 2000 pounds per acre.
At locations determined by the Department's representative seeding by hand may be allowed. If hand seeding is
allowed, the grass seed shall be a commercially prepared mix, made up of a low growing species which will grow
without irrigation at the project location. The application rate shall be two pounds per 1000 square feet. The source
and brand of the grass seed shall be verified through the Region Landscape Office. The Region contact is Ed
Winkley at 360- 570 -6674.
Page 7 EXHIBIT "A"
Special Provisions for
Permits and Franchises
(continued)
Utility Franchise 30310 Amendment 02
® 48. The Department reserves the right to suspend all work on this project at any time. Upon suspension the Utility
shall remove all construction equipment from state right of way. Suspension shall remain in effect until the Utility
receives written approval to resume work from the Department.
During the period between November Vtand March 31s`, construction requiring clearing and grubbing or
excavation shall be suspended unless approved by the Department's representative.
Suspension of work by the Department shall not relieve the Utility of liability. The Utility shall install and maintain
all erosion control measures required by Federal, State, and County agencies for the term of suspension, at the
sole expense of the Utility.
® 49. Per RCW 19.122, the Utility must call 811 at least two business days prior to digging in the State highway right of
way to locate existing underground utilities. The Utility shall also contact the WSDOT Olympic Region Signal
Superintendent, Jim Newman, to obtain the locations of all WSDOT owned utilities within the project limits. To
request utility locates, call 360 - 357 -2616 during normal business hours (7:30AM to 4:OOPM) or 360- 704 -3228
(available 7 days per week by voicemail).
® 50. Prior to and during construction, the Utility shall submit weekly working schedules showing workdays, non -
workdays, and construction activities. Schedules shall be submitted three working days prior to the week reflected
on the schedule. Schedules shall be submitted to both the Department representative (listed in Special Provision
Number 1) and the following Area Maintenance personnel. When the construction is to last more than ten
consecutive days, the Utility shall also submit and receive written approval of a work schedule showing the entire
project prior to beginning work. Deviations from the approved project schedule shall be submitted in writing to the
Region Utility Inspection Engineer for approval.
Port Angeles Maintenance
Tim Roening - Assistant Maintenance Superintendent
1707 South C Street
Port Angeles, WA 98363 -7456
Phone: (360) 565 -0686
Email: RoeninTQWsdot.wa.gov
® 51. The Utility shall make submittal of the following items. The review, comment, and approval /acceptance period of
the following items may take up to 30 days. Revisions returned to the Utility for additional information will reset the
30 day review, comment and approval /acceptance period.
Temporary Water Pollution /Erosion Control Plan (TESC)
Spill Prevention, Control, and Containment Plan (SPCC)
Shoring Plans (If Applicable)
Pit Protection Plans (If Applicable)
Dewatering Plan (If Applicable)
Approval /acceptance of the plan(s) will be in writing from the Region Utilities Engineer. No work is authorized in
the right of way until all the submittals listed above have been approved /accepted. Lack of compliance to
approved /accepted plans listed above will be grounds for an immediate suspension of work. Work will be
suspended until the issues are resolved to the satisfaction of the Region Utilities Engineer.
® 52. Prior to construction, the Utility shall submit and maintain an updated contact list for the Utility and Utility's
contractor name, role, and phone numbers. Contact list shall be submitted five working days prior to start of work to
both the Department representative (listed in Special Provision Number 1) and the Area Maintenance personnel
(listed in Special Provision Number 50)
Page 8 EXHIBIT "A"
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Chapter 1
Right of Way Line
From Zone B to
Right of Way Line
Zone C Zone B
10
Zone A I Zone B
lin
Utility Accommodation
Right of Way Line
From Zone B to
Right of Way Line
Zone C
Bottom of ditch
T-\
Back of curb or
36" Min
42" Min 60" Min ;tom lowest 42" in
toe of slope
point of finished
v roadway or shoulder
36" Min
Longitudinal Coverage Detail
_ Back of curb or
toe of slope
60' Min from lowest
Bottom of ditch— point of finished
42" Min roadway or shoulder 42" blin
1 in Zone A
Carrier pipe Casing pip
Note:
Casing pipes shall extend a minimum of 6 feet beyond the toe of fill slopes, or bottom of ditch line, or outside curb.
Crossing Coverage Detail
Minimum Cover for Pipe Installation
Figure 120 -3
WSDOT Utilities Manual M 22 -87.03
March 2012
EXHIBIT "E"
Page 1 -47
Date: June 24, 2014
To: janessa Hurd, City Clerk
From: Eric Walrath, Engineering Projects Supervisor
Subject: Amendment to City Sanitary Sewer Franchise - EUGA
Janessa,
Please find attached copy of amendment no. 2 to the City's franchise with
sewer for your records.
�l
WSDOT for the EUGA
Washington
s
Cyan Peterson 2014 J3U�'l 23 A'11 10: 23
Secretary of Transportation
June 20, 2014
Port Angeles, City of
PO Box 1150
Port Angeles, WA 98362 -0217
Attn: Michael Szatlocky
Re: US 101, MP 251.66
Franchise No. 30310 Amend # 02
Executed
Dear Mr. Szatlocky:
Olympic Region
Utilities and Railroad Office
5720 Capitol Blvd
TUmWater, WA 98501
P.O. Box 47440
Olympia, WA 98504 -7440
360- 357 -2600 /Fax 360- 570 -6744
TTY: 1 -800- 833 -6388
www.wsdot.wa.gov
Attached are two copies of the above - referenced franchise to construct, operate, and
maintain an underground sanitary sewer facility on a portion of US 101 in Clallam
County.
Before beginning work, please telephone the Department's representative shown on
Exhibit "A ", Page 1 to advise as to your start of work date and to schedule the required
pre - construction conference.
No work is authorized within the highway right of way until a preconstruction conference
is held with the Department's representative and approval to proceed has been given.
The Department has setup a reimbursable account to recover additional costs incurred for
review and inspection of the franchise. This is consistent with the terms and conditions of
the application.
It should be noted General Provision # 11 requires written notification within 10 days of
completion for final inspection of this project and Special Provisions # 50, # 51 and # 52
have requirements that must be completed prior to beginning work.
S in�c� ---'°
William Wonch
Utility Inspection Engineer
Attachments
cc: Tim Roening
File