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HomeMy WebLinkAboutAccess Connection M93-139 - RAP Permit / Conditions - 9/27/1993 Washington State Distr - eadquarters %AiDepartment of Transportation 5720, ulevard,Tumwater P.O.Box 4 Duane Berentson Olympia,WA �4-7440 Secretary of Transportation September 27, 1993 (206)357-2600 Fax(206)357-2601 Allen M:-Shearer - P.O,-Box-789-------' Belfair, WA 98528 Phone: (206) 275-3465 - SR 3 C.S. 2305 Access Connection Permit M93-139 Mile Post 27.95 Left & Vicinity Dear Mr. Shearer: Attached is your executed original Access Connection Permit allowing you to perform the indicated work within the state highway right-of-way. The bonding requirement of this permit is satisfied by a $2,000.00 "Assignment of Escrow" at the "Peninsula Community Federal Credit Union" of Belfair, WA., and shall be held until all work under this permit has been completed and approved by the Department. Before,beginning work on this project, please contact both the Area Maintenance Superintendent and the Utility Underground Locate Center to advise them of your planned work, starting date, and location. The Area Maintenance Superintendent's phone number is on front of the Special Provision page, and the Utility Underground Locate Center phone number is 1-800-424-5555. No work is authorized within the state highway right-of-way until this notice is given. Upon completion of this project the Grantee will need to make a written request for inspection and release of escrow as provided under Special Provision No. 22 to the Area Maintenance Superintendent. It is your responsibility to provide any release of escrow forms required-by the "Peninsula Community Federal Credit Union". Sincerely DEAN W. MOBERG, P.E. Assistant Transportation Planning Engineer DWN IcZ_ c� NMason County cc: M. McGill /' Ae / Adw7 Washington State 4 Department of Transportation General Permit cs 2305 SR 3,1' Permit No. M93-139 District No. 3 Name and Address of Applicant: Allen M. Shearer P.O. Box 789 Belfair, WA 98528 Phone: (206) 275-3465 The Applicant, hereinafter referred to as the"Grantee,"having applied for a permit to remove approximately 300 feet of embankment and landscape the disturbed area, on the Northwest side of the state highway (SR 3) at Mile Post 27.95 and vicinity, left side, located in the Northwest 1/4 of the Southeast 1/4 of Section 21, Township 23 North, Range 1 West, W.M., on a portion of State Route No. 3 in Mason County, Washington,the Washington State Department of Transportation or its designee, hereinafter referred tows the"Department," hereby orders that this permit be granted,subject to the terms and provisions stated upon the reverse hereof and Exhibits attached hereto and by this reference made a part hereof: Exhibit"A"— Special Provisions for Highway Encroachments, Pages 1, 2, & 3 Exhibit "B" Right-of-way sheet showing location of bank removal. One Page Exhibit "C" Traffic Control Plans. Pages 1 and 2 This permit shall be void unless the work herein contemplated shall have been completed before September 30, 1994 This permit is accepted and approved by the Grantee subject to the terms and provisions as herein set forth. GRANTEE DEPARTMENT OF TRANSPORTATION By: B e Cl y• n Title:. � Title:Assistant Transportation Planning Engineer Date: — I'Y - Date: 7z Z 7z 9� Form 224-004 DOT Revised 11191 General Provisions ' I. The Grantee,its successors and assigns,agrees to protect the State of Washington,its officers and employees and save them harmless from all claims,actions or damages of every kind and description which may accrue to or be suffered by any person,persons,or property by reason of the acts or omissions of the Grantee,its assigns,agents,contractors,licensees,employees or any-person whomsoever,in connection with Grantee's,its assigns',agents%contractors',licensees'or employees'construction,installation,maintenance,operation,use oroccupancy of the right of way or in the exercise of this permit. In case any suit or action is brought against the State of Washington,its officers and employees, arising out of or by reason of any of the above causes,the Grantee,its successors or assigns will,upon notice of such action,defend the same at its sole cost and expense and satisfy any judgement against the State of Washington,its officers,or employees: PROVIDED,that if the claims. or damages are caused by or result from the concurrent negligence of(a)the State of Washington's agents or employees and(b)the Grantee or Grantee's agents or employees,this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee or the Grantee's agents or employees. The Grantee,and on behalf of its assigns,agents,licensees,contractors and employees agrees to waive any claims for losses,expenses, damages or lost revenues incurred by it or its agents,contractors,licensees,employees or customers in connection with Grantee's,its assigns', agents',contractors',licensees'or employees'construction,installation,maintenance,operation,use or occupancy of the right of way or in the exercise of this permit against the State of Washington,its agents or employees except the reasonable costs of repair to property resulting from the negligent injury or damage to Grantee's property by the State of Washington,its agents,contractors or employees. 2. During the progress of the work,such barriers shall be erected and maintained as may be necessary or as may be directed for the protection of the traveling public;the barriers shall be properly lighted at night. 3. Except as herein authorized,no excavation shall be made or obstacle placed within the limits of the State highway in such a manner as to interfere with the travel over said road. 4. If the work done under this permit interferes in any way with the drainage of the State highway,the Grantee shall wholly and at its own expense make such provision as the Department may direct to take care of said drainage. 5. On completion of said work herein contemplated,all rubbish and debris shall be immediately removed and the roadway and roadside shall be left neat and presentable and satisfactory to the Department. 6. All of the work herein contemplated shall be done under the supervision and to the satisfaction of the Department,and the entire expense of said supervision shall be borne by the party or parties to whom this permit is issued. 7. The Department hereby reserves the right to order the change of location or the removal of any structure or structures authorized by this permit at any time,said change or removal to be made at the sole expense of the party or parties to whom this permit is issued,or their successors and assigns. 8. All such changes,reconstruction,or relocation by the Grantee shall be done in such manner as will cause the least interference with any of the Department's work, and the Department shall in no wise be held liable for any damage to the Grantee by reason of any such work by the Department,its agents or representatives,oir by the exercise of any rights by the Department upon roads,streets,public places,or structures in question. 9. This permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the Department from granting other permits or franchise rights of like or other nature to other public or private companies or individuals,nor shall it prevent the Department from using any of its roads,streets,or public places,or affect its right to full supervision and control overall or any part of them,none of which is hereby surrendered. 10. The Department may revoke,amend,or cancel this permit or any of the provisions thereof at any time by giving written notice to the Grantee. The Grantee shall immediately remove all facilities from the right of way.Any facilities remaining upon the right of way 30 days after written notice of cancellation shall be removed by the Department at the expense of the Grantee. 11 . The party or parties to whom this permit is issued shall maintain at its or their sole expense the structure or object for which this permit is granted in a condition satisfactory to the Department. 12. Any breach of any of the conditions and requirements herein made,or failure on the part of the Grantee of this permit to proceed with due diligence and in good faith after its acceptance,with construction work hereunder,shall subject this permit to cancellation as herein provided. 13. This permit is subject to all applicable provisions of Chapter 47.32 RCW and/or Chapter 47.44 RCW and amendments thereto. 15. The Grantee hereby certifies that the facilities described in this permit are in compliance with the Control Zone Guidelines. Form f AW Washington State p S eciCal Provisions for Department of Transportation Highway Encroachments Permit No. M93-139 Applicable provisions are denoted by (X) $1 1. No work provided for herein shall be performed until the Grantee is authorized by the following Department representative: Marvin (Casey) McGill Area Maintenance Superintendent 8293 Spring Creek Road, Port Orchard, Washington 98366-9613 Phone: (206) 895-4753 IQ 2. Prior to the beginning of construction,a preconstruction conference shall be held at which the Department and the Grantee and Grantee's engineer,contractor, and inspector shall be present. R 3. Should the Grantee choose to perform the work outlined herein With other than its own forces,a representative of the Grantee shall be present at all times unless otherwise agreed to by the District representative..All contact between the Department and the Grantee's contractor shall be through the representative of the Grantee.Where the Grantee 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. Failure to comply with this provision shall be grounds for restricting any further work by the Grantee within the State right of way until said requirement is met.The Grantee,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. t� 4. A copy of the permit must be on the job site and protected from the elements at all times during any of the construction authorized by said permit. rX 5. This permit does not give the Grantee or any agent or contractor of the Grantee any rights to cut, spray, retard, remove, destroy,damage,disfigure or in anyway modify the physical condition of any vegetative material located on the highway right of way, except by written permission from the Department or for purposes as described by No. 6 if denoted below. All restoration shall be done to the satisfaction of the Department at the sole expense of the Grantee. N1 6. If necessary to increase sight distance,brush shall be removed from both sides of the access connection and stumps shall be removed. The indiscriminate cutting of merchantable timber or disfiguring of any feature of scenic value shall not be permitted. ❑ 7. The access connection(s)shall be constructed in accordance with the attached Sufficient length of -inch diameter culvert pipe shall be placed in ditch and laid to a true line and grade.The access connection(s)shall be surfaced to the limits as shown on the plan with a 6-inch minimum compacted depth of gravel base material and a 3-inch compacted depth of crushed surfacing top course.Asphalt paving will not be required.Finished grade of the access connection shall be in accordance with the profile control as shown on the attached plan.Directing of surface water from private property to Department right of way will not be permitted, unless otherwise approved by the Department. ❑ 8. The access connection(s)shall be constructed in accordance with the attached Sufficient length of -inch diameter culvert pipe shall be placed in ditch and laid to a true line and grade.The access connection(s)shall be surfaced to the limits as shown on the plan with a 6-inch minimum compacted depth of gravel base material a 3-inch minimum compacted depth of crushed surfacing top course and paved with a 3-inch minimum compacted depth of Asphaltic Concrete Class B unless otherwise specified by the Department. Any existing oil mat on shoulder or roadway shall be removed and new pavement laid to a butt joint with existing pavement.Finished grade of new pavement shall be in accordance with the profile control as shown on attached plan.Directing of surface water from private property onto Department right of way will not be permitted, unless otherwise approved by the Department. JK 9. All buildings and appurtenances shall be so located at a distance from the right of way line of any State Highway that none of the right of way therefore is required for use of the patrons or customers of any such establishment.Grantee shall comply with local building codes.Set-back"requ ire ments for the location of buildings in relation to the right of way line are a function of local authorities, and they should be consulted regarding requirements that must be adhered to. DOT Form 224-713X Revised 9/92 Pagel Exhibit "A" .0 10. The Grantee agrees to schedule the work herein referred to and perform said work in such a manner as not to delay the P Department's contractor in the performance of his contract. JSJ 11. Work within the right of way shall be restricted to between the hours of 8:30AM and 4:30PM ,and no work shall be allowed on the right of way Saturday,Sunday,or holidays,unless authorized by the Department.Any lane closures must be submitted for approval in advance of use.The hours of permitted closure may differ from the above noted hours. KI 12. The shoulders,where disturbed,shall be surfaced with crushed surfacing top course three -inch minimum compacted depth,or as directed by the Department.The surface of the finished shoulder shall slope down from the edge of pavement at the rate of 1/2 inch perfoot unless otherwise directed.The restored shoulder must not have any strips or sections less than 2 feet wide.The restored shoulder shall be surfaced with asphalt concrete pavement. X 13. The Grantee shall be responsible for and appurtenances between the shoulder line of the highway and.the right of way line inclusive of surfacing and drainage.The Department has the right to inspect all installations at the time of construction and at any time afterward and to require.that necessary changes and repairs be made. Unsatisfactory work will be corrected by the Department, at the Grantee's expense,or access may be removed at the Grantee's expense.Directing of surface water from private property onto Department right of way will not be permitted. ❑ 14. The access connection shall be sufficiently surfaced back an adequate distance from the edge of the pavement to prevent anytracking of material onto the highway.Anytracking of material onto the highway shall be subjectto enforcement of Chapter 46.61.655 RCW and shall be immediately cleaned up by the Grantee or the Grantee's agent. ❑ 15. Standard highway warning signs designated as 'Truck Crossing"sign, plate W11-6, shall be placed and maintained at Grantee's expense on each side of the access connection.Signs shall be in evidence only when access is actually being used. If necessary,flagmen shall be provided.Sufficient parking space shall be provided by the Grantee outside Department right of way so no vehicles will be parked on said right of way. ,5 16. 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. 17. All slopes,slope treatment,top soil,ditches,pipes,etc.,disturbed by this operation shall be restored to their original cross section and condition.All hazards shall be marked by warning signs,barricades,and lights. If necessary,flagmen shall be employed for the purpose of protecting the traveling public. Roadside operations shall be specified by the Department's representative. 18. During the construction and/or maintenance of this facility, the Grantee shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways.If determined necessary by the Department,the Grantee shall submit a signing and traffic control plan to the Department's representative for approval prior to construction or maintenance operations. ❑ 19. Bond coverage required to ensure proper compliance with all terms and conditions of said permit will be furnished by a Blanket Surety Bond held at Headquarters in Olympia. fK 20. A surety bond in the amount of$ 22000.00 written by a surety company authorized to do business in the State of Washington,shall be furnished to ensure compliance with any and all of the terms and conditions of this permit and shall remain in force until all work under-this permit has been completed and approved by the Department. �I 21. Relative to advertising adjacentto all State highways,we wish to call your attention to the Scenic Vistas Act of 1971,Chapter 47.42 RCW and State Transportation Commission ruling Chapter 468-66 WAC.Violation of this section of the statutes will be sufficient cause for cancellation of this permit.On-premise signs are allowed. l�1 22. The Grantee shall notify the Department's representative upon completion of the work under this permit so that a final inspection can be made. 23. No lane closures shall be allowed except as approved by the Department representative.Approvals may cause revision of special provisions, including hours of operation. 24. The responsibility of the Grantee 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 Grantee with any requests or recommendations made by such representatives. _:Q 25. All material and workmanship shall conform to the Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction,current edition, and shall be subject to inspection by the Department. ADDITIONAL "SPECIAL PROVISIONS" SEE PAGE 3. DOT Form 224-713X il .u n Revised9/92 Page 2 Exhibit A Page 3 of 3 M93-139 Allen M. Shearer P.O. Box 789 Belfair, WA 98528 Special Provisions (Continued) X 26. Any future development, subdivision, or change in land use of this property will require review and approval by both WSDOT and Mason County. X 27. The Grantee is responsible for all coordination, work, and expenses associated with any utility relocation and service connection fees. The Grantee is responsible for obtaining a grading and construction permit and all other pertinent permits from Mason County or other agencies, if applicable, prior to beginning work. X 28. The Grantee will notify the Department's .representative two regular work days in advance of scheduled work within the state right-of-way. X 29. The contractor will be responsible for obtaining their own liability coverage while working within the right-of-way of the state highway. X 30. Special care should be taken during the excavation and construction of this project to insure that surface water will not flow onto SR 3. Any problems created by surface water runoff directed toward the state highway must be alleviated at the Developer's expense. X 31. The contractor shall use the approved traffic control plans as provided in Exhibit "C". It is the contractor's responsibility to provide adequate traffic control and protection to ensure the safety of the traveling public, all personnel, and equipment, working within the state right-of-way. If necessary, the contractor shall provide certified flaggers for the purpose of protecting the traveling public. X 32. The contractor will place the material removed from the bank in a location that is agreeable to the Department's representative at the sole expense of the Grantee. X 33. The finished grade from the edge of pavement out to the right-of-way line.shall be constructed at 0.02 feet/foot down and away from the roadway. X 34. There will be no advertising signs or bill boards erected within the state right-of-way. X 35. The Department shall be granted entry onto private property periodically to inspect that portion of the project. X 36. The disturbed area within the Department's right-of-way shall be contoured, graded, seeded, fertilized, planted, and mulched at the Grantee's expense to reduce erosion and problems with surface drainage. Existing surface water runoff from the state highway right-of-way must not be impeded. Any problems with drainage shall be . alleviated at the Grantee's expense to the Department's satisfaction. All materials used within the state right-of-way will be to WSDOT standards. X 37. Bonding will be held on this project until all work is completed to the satisfaction of the Department. �1 23N. R. IW.. W.M.. � •. IlD.aOAO IIK.aI fa 3.r— }.w.� 5—21 / �. M\L M• B �l4•r • a� Mltn 4You T e ..,... / ".1,nE'I —15 / N.Gc KIM' Z,a 20 *.\ S.Ga N.W.• Sec 219 .s .p N.G.' SC'ry Sae.2f�• a{O / 5 .].G.' Sae. I / / a_e o....... \\ eao...... - f.`�• f \ fria •� s��'.°'d -o —0 ice: �VOlD '�+ � .r..._... g/ �, � •-.:":" � �• ,��°r a+`. / 'O31 $it '�. ^rr 2 '• ;�. ,f ti i.i`r.l °�a► °� 'qt- cx.�. 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' )iJOW 04 PGDIAOJd OQ goys 644611POOi_ 1490}I x DulooD$ u015 S316N lVH3N3: MINIMUM TAPER LENGTH ILI IN FEET /„fed Speed Cop `. 20 30 35 +0 IS SO SS — — — — — — — — E ic log Iso ms ZTo +so Soo sso Bill 113 IES 239 21S +]S SS0 EOs -1 12! IEO :+S 320 5+0 {00 eW e N PoI 0 AREA Buffer vehicle . ItI1 flo3here eAw� (Gotland) ROAD SHOULDER 31g,Spdaln4. 11 CONSTRUCTION WORK Rurdl Redds reA Urodn.rt«Idle +0/SS loole-iAHEAD UU�edn Sty„t N„laenrl I ); :Si3S MRI ri0't ..'N20-I . ' N21-3 .. „ . .. OR ROAD GENERAL NOTES WORK AHEAD The maximum Spacing between charmellZing devlCes In 0 taper Should be nearly equal N21-4 An feet to the Speed limltl the maximum . - - spacing between ChanneliZing devices used ; to separate traffic should be 2 times the speed limit. Buffer vehlcle may be a work vehicle. G .._.- LEGEND - .. . .. �....._ 4j a a a TRAFFIC SAFETY CONES -IB'YINJi c' .`` ' ! `� f. F'•%' - 14 SN)N LOCATION - TRIPOD MOUNT SHOULDER CLOSURE TAr FEO.AIO PRGJ.MG. PROGRAM DEVELOPMENT zaeo erY M x. to WAs DIVISION '�Washington State _xE0 eY F.n, department of Transportation 1. END11. ' ra: I. ADM. n.n a 12 w. TRAFFIC CONTROL PLAN tol.om-PLdnl DATE DATE REVISION By ASSIGNMENT OF ESCROW ACCOUNT This assignment is for the purpose of fulfilling the requirement of bonding collateral for Permit M93-139 The undersigned does hereby assign, transfer, and set over unto the State of Washington all right, title and interest in and to $2,000.00, on /Account in the Bank, in the name of Allen M. Shearer full power and authority to demand; collect, and receive said deposit and to give receipt and acquittance therefor for the uses and purposes prescribed above. It is understood and agreed that Branch. Bank holds the Certificate covering said account in its possession and agrees to hold.. $2.000.00 until a release of this assignment from the State of Washington is received. The interest shall be payable to Allen M. Shearer Signed and dated at Washington this day of 199 . Account No. Signature e Signature Address ACCEPTANCE The undersigned 1h`ereby accepts the foregoing Assignment of Escrow Certificate, Voucher \ \ `-1 Number r4�— , in the amount of $2.000.00 this day of �o--DSi��g C' , 1992 Escrow Offlcer-. BANK �a anc,-- p Ste_ Phone No. of Bank Address o .Banks_ V)k q g�a�