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Home My WebLink AboutWSDOT C2-10-06-STR Landscaping 4th & I-182 Interchanger-I Washington State South Central Region w, Department of Transportation 2809 Union Gap, Road Union Gap, WA 98903 -1648 Lynn Peterson Y Secretary of Transportation 509- 577 -1600 / FAX 509 - 577 -1603 TTY: 1- 800- 833 -6388 www.wsdot.wa.gov May 9, 2014 Michael W. Pawlak, P.E. City Engineer P.O. Box 293 Pasco, WA 99301 RE: I -182, 4th Ave Landscaping Agreement GMB 1021- Completed Dear Michael: Attached is the City's original of the agreement for maintenance of the landscaping at the I -182 Fourth Avenue Interchange. Please file the Agreement in City records. This completes the process, thank you for your assistance. Sincerely, �.�� /_ Jamil Ana btawi Region Utility & Agreement Engineer JA:dj Enclosure: 1 signed original agreement cc: Paul Gonseth, SCR Planning Engr Tom Lenberg, Maintenance Supt —Pasco AGREEMENT GMB 1021 I -182, Fourth Avenue Interchange - 4th Avenue Corridor Beautification MAINTENANCE AGREEMENT This Maintenance Agreement (Agreement) made and entered into between the Washington State, Department of Transportation, hereinafter the "STATE," and the CITY OF PASCO, P.O. Box 293, Pasco, Washington, hereinafter the "LOCAL AGENCY," collectively referred to as "PARTIES" and individually, the "PARTY." WHEREAS, the LOCAL AGENCY is planning beautification and improvements along North Fourth Avenue within the state -owned Interstate 182 (I -182) Limited Access right of way (L /A) Fourth Avenue Interchange hereinafter the "PROJECT," and WHEREAS, the STATE has requested and received Federal Highway Administration approval to use the interchange property for PROJECT, and WHEREAS, the STATE authorized construction by General Permit No. 49565, dated October 21, 2013, Exhibit B, and WHEREAS, the LOCAL AGENCY requests authority to maintain the PROJECT within the L /A, and WHEREAS, the STATE and the LOCAL AGENCY now wish to define responsibilities for PROJECT maintenance, NOW, THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated herein as if set forth below, and in consideration of terms, conditions covenants and performances contained herein, and the attached Exhibits A and B which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS L GENERAL 1.1 The PROJECT to be maintained is shown on the construction plan sheet attached as Exhibit A, and the PROJECT is further defined as follows: The area to be improved and maintained is approximately four hundred (400) feet in length along the east side of North Fourth Avenue within the L /A. The section of sidewalk terminates at the existing ADA ramp. The gravel driveway improves and defines the limit of the access. The one foot wide concrete mow strips provide demarcation between grass and gravel surfaces. The six (6) trees and grass will continue the beautification constructed to the south of this area. The automated irrigation system will assure water is available to perpetuate vegetation growth. AGREEMENT GMB 1021 Page 1 of 8 Pages 1.2 The LOCAL AGENCY shall at all times make sure that the existing STATE facilities, including but not limited to signage, ADA concrete sidewalk ramp, pedestrian signal pole, traffic signal and luminaire standard, wiring, equipment and appurtenances shall be protected and highway grades shall be maintained in a manner to prevent loss of function or damage to the STATE facilities. 1.3 The LOCAL AGENCY agrees to be directly liable to the STATE for all repairs and/or replacement costs if LOCAL AGENCY activities cause damage to STATE facilities or right of way. Any damages occurring to STATE facilities or right of way will be repaired by STATE, and the LOCAL AGENCY agrees to pay the STATE's actual direct and related indirect costs of repair. The STATE will provide a detailed invoice to the LOCAL AGENCY for costs incurred. The LOCAL AGENCY agrees to reimburse the STATE within thirty (30) calendar days after the invoice date. If the LOCAL AGENCY fails to make payment as provided herein, the LOCAL AGENCY agrees that the STATE may withhold and expend any monies to which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund until all costs are paid. 2. OWNERSHIP AND MAINTENANCE 2.1 The STATE shall retain ownership of right of way and the PROJECT improvements within the state -owned L/A right of way. The STATE does not waive any of its rights to change, modify, relocate or eliminate the PROJECT should the STATE determine such actions are necessary for the construction, reconstruction, operation and maintenance of the state highway. 2.2 The LOCAL AGENCY agrees to perform the maintenance of the PROJECT hereinafter "WORK' at its sole cost and expense, without cost to the STATE. 3. MAINTENANCE BY LOCAL AGENCY 3.1 The LOCAL AGENCY agrees to perform the WORK, in perpetuity, at LOCAL AGENCY's sole cost. All WORK performed by the LOCAL AGENCY shall be in compliance with the STATE Maintenance Manual M51.01, and amendments thereto. 3.2 The WORK to be performed by the LOCAL AGENCY shall be also in accordance with the following maintenance descriptions: 3.2.1 Vegetation Maintenance A. Planting bed and landscape maintenance for trees, shrubs, and ground covers. Activities include, but are not limited to, plant replacement for dead or dying trees, shrubs, and ground covers, pruning (for appearance, safety, sight distance, design clear zone, or for horticultural health), weed control (manual and/or chemical), fertilizing, applying mulch and organic amendments. Trees shall not be topped, pruned, or trimmed to the detriment of the tree or its natural form. Tree locations and plant species may not be changed without the prior written authorization by the STATE South Central Region Landscape Architect, 2809 Rudkin Rd., Union Gap, WA 98903 -1648. AGREEMENT GMB 1021 Page 2 of 8 Pages B. Replace significant vegetation (trees, shrubs, and ground covers) when damage occurs or where plants are unhealthy, dying, or dead. 3.2.2 Weed Control Apply pesticides (insecticides, herbicides, fungicides) in accordance with the label recommendations, and comply with all federal, state and local laws, rules and orders, now in effector as amended, including U.S. Environmental Protection Agency, Washington State Department of Ecology, and Washington State Department of Agriculture orders and local sensitive area ordinances. All pesticide applications shall be performed by an applicator licensed by the State of Washington in the category for the pesticides utilized. The licensed applicator shall complete and sign a Commercial Pesticide Application Record for each daily application of pesticides. A copy of the Pesticide Application Record shall be kept on file at the LOCAL AGENCY and shall be subject to RCW 17.21.100 which outlines "Record keeping by licensees and agricultural users" requirements for a period of 7 years. These Records shall be made available upon request to the STATE. 3.2.3 Irrigation Systems Operation and Maintenance A. The LOCAL AGENCY shall perform normal and regular operation of the irrigation system, including, but not limited to, winterization, spring start up, annual backflow testing, programming of irrigation clocks, flushing and testing the irrigation systems, replacement of damaged or broken irrigation system components: heads, pipes, wires, and valves as needed for complete operation. The LOCAL AGENCY agrees that it shall be solely liable for costs and damages associated with any problems and/or consequences resulting from leaks in the irrigation systems, including, but not be limited to, icing conditions of the highway that either damage the highway or forms the basis of personal injury and/or property damage to the traveling public, erosion control, contamination of water systems, and backflow testing. Material, equipment and labor costs for all irrigation operation, replacement, and repairs and any other incidentals needed shall be at the sole responsibility and cost of the LOCAL AGENCY. B. The LOCAL AGENCY shall notify the water and electrical utilities that the LOCAL AGENCY is responsible for and will pay the cost of all water and electrical service bills necessary for the operation of the irrigation systems and shall provide the STATE with copies of the notices. C. The LOCAL AGENCY shall inspect and test backflow devices (double check valves), prepare test reports, and obtain annual approval from the serving utility or LOCAL AGENCY representative in accordance with WAC 246 - 290 -490 and other applicable regulations as required by the Washington State Department Health. WAC 246 - 290 -490 requires test reports to be performed, completed and recorded by a licensed Backflow Assembly Device Tester (BADT) or a Certified Water Works Operator with a CCS1 or CCS2 Classification. Test AGREEMENT GMB 1021 Page 3 of 8 Pages reports shall document that each device is in good working order prior to spring start-up, flushing, and testing of the irrigation systems. Test results shall be recorded and kept on file with the LOCAL AGENCY. These records shall be provided to STATE within five (5) days upon request and shall be maintained for a period of five (5) years in accordance with WAC 246 - 290 -490 Cross - Connection Control. The provisions contained within this section shall survive the termination of this Agreement. D. At such time as the LOCAL AGENCY determines that the landscaping areas no longer need the irrigation systems, the LOCAL AGENCY shall notify the STATE South Central Region Maintenance Superintendent, 1816 North 4a' Avenue, Pasco, WA 99301 that the LOCAL AGENCY intends to terminate operation of the irrigation systems or a portion thereof. The LOCAL AGENCY shall not terminate operation of the irrigation systems, or a portion thereof, without the prior written consent of the STATE. In the event the LOCAL AGENCY terminates operation of the irrigation systems, the LOCAL AGENCY shall de- energize the system by locking out any electrical control panel and water control valves, draining all irrigation piping, and securing the system to the satisfaction of the STATE. 3.2.4 Sidewalk Maintenance A. Clean sidewalk surface of debris and weed growth; B. Repair any pavements damaged by root heave resulting from the plants and trees growing from planted areas into pavement sections; C. Remove litter on or adjacent to sidewalk; D. Cleanup and repair sidewalk surface and erosion at edge of sidewalk; E. Remove snow and ice; and F. If the LOCAL AGENCY desires to add features to the sidewalk, prior approval must be obtained from the STATE and Federal Highway Administration where required, and the LOCAL AGENCY shall be responsible for all installation, maintenance, and removal costs of the added features. 3.2.5 Graffiti Removal and Vandalism The LOCAL AGENCY shall clean and/or repair graffiti or vandalism occurring to the PROJECT located on state -owned right of way. 3.2.6 Emergency and General Maintenance and Operations A. The STATE reserves the right to maintain the PROJECT features to the extent necessary for the safe operation and maintenance of the highway, as well as pedestrian travel within the state -owned L /A, should the LOCAL AGENCY fail to perform its maintenance responsibilities pursuant to this Agreement. B. If the LOCAL AGENCY fails to perform its WORK obligations under this Agreement, the STATE will notify the LOCAL AGENCY of the areas of maintenance that must be completed, and the LOCAL AGENCY agrees to perform such WORK within thirty (30) calendar days. If the LOCAL AGENCY does not perform the WORK deemed necessary by the STATE, the STATE reserves the right to perform maintenance with its own forces or contractors in accordance with STATE Maintenance Manual. AGREEMENT GMB 1021 Page 4 of 8 Pages C. LOCAL AGENCY agrees that if the STATE performs any maintenance activities, the LOCAL AGENCY shall reimburse the STATE for its actual direct and related indirect costs, including its indirect cost recovery rate, for all such work performed on behalf of the LOCAL AGENCY. D. LOCAL AGENCY agrees to reimburse the STATE for all maintenance costs within thirty (30) calendar days from receipt of a documented STATE invoice. If the LOCAL AGENCY fails to make payment as provided herein, the LOCAL AGENCY agrees that the STATE may withhold and expend any monies to which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund until all costs are paid. 3.2.7 ' WORK by Others Should the LOCAL AGENCY choose to perform the WORK outlined herein with other than its own forces, a representative of the LOCAL AGENCY shall be present at all times unless otherwise agreed to by the STATE Maintenance Area Superintendent. All contact between the STATE and the LOCAL AGENCY's contractor shall be through the representative of the LOCAL AGENCY. 3.2.8 WORK Hours All WORK within L/A shall take place during daylight hours. No maintenance shall be allowed within the L/A on Saturdays, Sundays, Holidays, or the Friday preceding all holiday weekends, unless otherwise authorized by the STATE. 4. TRAFFIC CONTROL 4.1 During WORK activities, the LOCAL AGENCY shall establish and maintain traffic control in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways," current edition, as required. 4.2 Any road closure or restrictions that affect I -182 and/or its ramps shall require a STATE approved traffic control plan. Review and approval shall be through the South Central Region Traffic Engineer. 5. PROJECT CHANGES 5.1 The LOCAL AGENCY shall be responsible to obtain the STATE's prior written approval for any and all revisions or deviations to PROJECT items previously approved by the STATE as shown in this Agreement. 6. RIGHT OF ENTRY 6.1 The STATE hereby grants the LOCAL AGENCY a right of entry upon all land in which the STATE has interest within or adjacent to the right of way of the highway, for the purpose of performing the maintenance WORK described herein. AGREEMENT GMB 1021 Page 5 of 8 Pages 7. LEGAL RELATIONS 7.1 The LOCAL AGENCY shall protect, defend, indemnify, and hold harmless the STATE, its employees and authorized agents from any and all costs, claims, judgments, and/or awards of damages (both to persons and property), including attorneys' fees and costs, arising out of or in any way resulting from, the LOCAL AGENCY's actions performed pursuant to the provisions of this Agreement; provided however, the LOCAL AGENCY will not be required to indemnify, defend, or save harmless the STATE if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the sole negligence of the STATE, its employees or authorized agents. Where such claims, suits, or actions result from the concurrent negligence of both the STATE, its employees or authorized agents and the LOCAL AGENCY, its employees, authorized agents, contractors and/or subcontractors, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Parry's own negligence, subject to the limitations of RCW 4.24.115. 7.2 The LOCAL AGENCY 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 while performing WORK located on state owned right of way. For this purpose, the LOCAL AGENCY, by mutual negotiation, hereby waives with respect to the STATE only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. 7.3 This indemnification and waiver shall survive the termination of this Agreement. 7.4 The LOCAL AGENCY shall obtain and keep in force for the duration of the WORK under this Agreement, public liability and property damage insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW The STATE shall be specifically named as an additionally insured in a policy with the same company, which insures the LOCAL AGENCY, or by an endorsement to an existing policy. The amount of coverage shall be not less than a single limit of $2,000,000 for bodily injury, including death and property damage per occurrence. The LOCAL AGENCY shall furnish the STATE proof of insurance prior to undertaking any WORK covered by this Agreement. 8. TERMINATION 8.1 The STATE may terminate this Agreement after thirty (30) calendar days written notice to the LOCAL AGENCY. 8.2 The LOCAL AGENCY may terminate this Agreement only with the consent of the STATE. 8.3 If this Agreement is terminated, Section 3.2.6 "Emergency and General Maintenance and Operations" shall survive termination of this Agreement. 9. GENERAL TERMS D i�l►flllxl� 771I1LI]r;l This Agreement constitutes the final and complete integrated agreement between the Parties concerning its subject matter. This Agreement shall be interpreted to the extent that it was mutually drafted. AGREEMENT GMB 1021 Page 6 of 8 Pages 9.2 MODIFICATION No modification or amendment of this Agreement is valid unless evidenced in writing and signed by both Parties. No verbal agreement may supersede, replace or amend this section. 9.3 ASSIGNMENT Neither Party to this Agreement shall transfer or assign any right or obligation hereunder without prior written consent of the other Party. 9.4. INDEPENDENT CONTRACTOR The LOCAL AGENCY shall be deemed an independent contractor for all purposes, and the employees of the LOCAL AGENCY or any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be employees of STATE. 9.5 SEVERABILITY Should any part, term or provision of this Agreement be determined to be invalid, the remainder of this Agreement shall not be affected, and the same shall continue in full force and effect. 9.6 DISPUTE RESOLUTION In the event that a dispute arises under this AGREEMENT, it shall be resolved as follows: The STATE and the LOCAL AGENCY shall each appoint a member to a disputes board, these two members shall select a third 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. The Parties shall equally share in the cost of the third disputes board member. 9.7 VENUE In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Thurston County, Washington. Further, the Parties agree that each shall be responsible for their own attorney's fees, witness fees, and costs. AGREEMENT GMB 1021 Page 7 of 8 Pages IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year last signed below. LOCALAGENCY CITY OF PASCO _ r _�► w • WASHINGTON STATE DEPARTMENT OF TRANSPORTATION � Don Whitehouse, P.E. South Central Region Administrator Title Date Date Approved As To Form: By ls.�.� Name: lb kk.„✓ ity Attorney Date: z 235e Approve "s To Form: By:� Ann E. Salay, Assistant Attorn eneral Date: .2-2s-P( AGREEMENT GMB 1021 Page 8 of 8 Pages CONSTRUCTION NOTES 1 INSTALL DRIVEWAY APPROACH PER CITY STD 3 -5B 2 ADDITIONAL AREA TO BE GRASSED (I V WIDE CONCRETE MOW STRIP 4 AREA TO BE GRAVELED Al--] 3HO _c_uo$�ra�ta filml mal 11 -a WE LANDSCAPING NOTES: *Trees: Qj LITTLE LEAF LINEN (HUA CORDATA) 2� ARISTOCRAT PEAR (PYRUS CALLERYANA 'ARISTOCRAT') EUROPEAN HORNBEAM (CARPINUS BETULUS 'FRANS FONTAINE *) ® CRIMSON SENTRY MAPLE (ACER PLATANOIDES 'CRIMSON SENTRY) w TREES SHALL BE A MINIMUM 2" CALIPER AT THE TIME OF PLANTING s +s SEED SHALL BE SPREAD AT A RATE OF 6.7 LBS PER 1000 SF NOTE: ALL AREAS TO BE LANDSCAPED SHALL HAVE AN IRRIGATION SYSTEM INSTALLED. SEE THE SPECIFICATIONS FOR DETAILS. 41• q If Fe FLU M -S N RIF. 1' • M . Nor Siff -$= N FEES 1' a w � �saso 4TH AVE I I => Z + J y Y a ; a � 0 0 Nw `Jw F5 5 '•'Gress. Seed Mixture: 25% WILD HORSE KENTUCKY BLUEGRASS 15% BLUENOTE KENTUCKY BLUEGRASS 15% HOMERUN PERENNIAL RYEGRASS 15% FLASH It PERENNIAL RYEGRASS 109 VOLT KENTUCKY BLUEGRASS 10% APPLE GL PERENNIAL RYEGRASS 10% VNS CREEPING RED FESCUE t 1lISO NMOD Sim A" 10150 W�t'F —� O ': �c : ?• is ., n �a 3 4 3 4 3 2 Z N —, I NM Y a � Op 3N �m I--•1 a I I L W N U U LL Z Q 7 z(.9 006 O Z ti co co (L c~n w �o OQ 4 0 O,_ gU w a a\ AGREEMENT GMB 1021 Pasco - 4th Avenue Landscaping Exhibit A - PLAN Sheet 1 of 1 SHEET Kn=whaI%b810w j Cr7116eiNleyoudig / 1 PUBLIC WORKS / ENGINLERING DIVISION (509) 545 -3444 / FAX (509) 543 -5728 P.O. Box 293 (525 North 3'd Avenue) Pasco, Washington 99301 / Nmw.pasco- rva.gov October 21, 2013 Mr. Rick Holmstrom Washington State Department of Transportation Planning Office — South Central Region 2809 Rudkin Road Union Gap, WA 98903 RE: General Permit #49565 4fh Avenue @ I -182, Pasco Dear Rick: DE T 1OT 1 RANSS OCT 25 2013 SCR MAILROOM Attached are two signed original Applications for General Permit #49565 for your use in obtaining WSDOT approval. Please return one fully executed agreement to my attention. Thank you. Sincerely, Michael W. Pawlak, PE City Engineer Agreement GMB 1021 Exhibit B- Permit Sht 1 of 7 Shts \ \EPSIL0N2 \Engineering Working Folder \ +Proj - Transportation\ +STREETS \C2.11- 07-STR 4th Ave Corridor \13102] MAP WSDOT Pumit #49565 XMTL for landscaping at Interchange.doc Application for General Permit Permit No. 49565 Applicant - Please print or type all information �, General Permit (no fee) Application is Herby Made For: General Permit $2.50 (Subject to RCW 47.12.140(2)) Intended Use of State Right of Way is to Construct, Operate, and Maintain a: landscape within the limits of the Interchange as identified in the attached exhibits on the easterly side of the crossroad between Highway Engineer Station NF 26 +00 to 30 +00. This work is subject to the conditions of the General Maintenance agreement which will follow this permit. on a portion of State Route 182 from Mile Post 13.780 to Mile Post 13.780 in Franklin County, NW 1/4 of SW 1/4 of Section 20 Township SIN Range 30 West/East W.M. E Fees in the amount of f�/J/� are paid to defray the basic administrative expense incident to the processing of this application according to RCW�7.12.140(2) and amendments. The applicant further promises to pay additional costs incurred by the Department on the behalf of the applicant. Checks or Money Orders are to be made payable to "Washington State Department of Transportation ". City of Pasco Applicant (Referred to as Permit Holder) Applicant Authorize Signature 525 N. Third Avenue Nr IU1+>LEI pa . V*%,& Address Print or Type Name Pasco WA 99301 City Engineer City State Zip Code Title 509 - 545 -3444 Dated this Z 1 °-t day of t761rOt5E5V-- do 1 ij Telephone 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 Exhibit A- Special Provisions Department Approval Exhibit B- SR182: Road 681/C Vic to SR395 I/C Vic; sheet 12 of 15 Exhibit C -City landscape plan sheet By: Don Whitehouse Title: Region Administrator Date: io ZS /3 Agreement GMB 1021 Exhibit B- Permit Expiration Date: 11/30/2013 Sht 2 of 7 Shts RAMPS - General Permit - Page 112 General Provisions 1- The Permit Holder, 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 Permit Holder, its assigns, agents, contractors, licensees, employees or any person whomsoever, in connection with Permit Holder'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. 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 Permit Holder, 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 Permit Holder or Permit Holder's agents or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Permit Holder or the Permit Holder's agents or employees. The Permit Holder, 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 Permit Holder'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 Permit Holder'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 maybe 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 Permit Holder 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 to the satisfaction of the Department, and all costs incurred by the Department shall be reimbursed by the Permit Holder. 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 Issured, or their successors and assigns. 3. All such changes, reconstruction, or relocation by the Permit Holder 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 Permit Holder 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. 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 over all 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 Permit Holder. The Permit Holder 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 Permit Holder's expense. 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. Upon approval of this permit the Permit Holder shall diligently proceed with the work and comply with all provisions herein. 13, This permit is subject to all applicable provisions of RCW47.32, RCW 47.40 and /or RCW 47.12.140(2) and amendments thereto. Chapter 47.44 RCW, and amendments thereto. 14. The Permit Holder hereby certifies that the facilities described in this permit are in compliance with the Control Zone Guidelines. RAMPS - General Permit - Page 2 Agreement 11021 Exhibit B- Permit Sht 3 of 7 Shts Special Provisions for Highway Encroachments Permit No. 49565 Applicable provisions are denoted by E E 1. No work provided for herein shall be performed until the Permit Holder is authorized by the following Department representative: Mr. Tom Lenberg Area 3 Maintenance Superintendent 1816 N. 4th Avenue Pasco, WA 509 - 577 -1933 ❑ 2. Prior to the beginning of construction, a preconstruction conference shall be held at which the Department and the Permit Holder and Permit Holder's engineer, contractor, and inspector shall be present. ® 3. Should the Permit Holder choose to perform the work outlined herein with other than its own forces, a representative of the Permit Holder shall be present at all times unless otherwise agreed to by the Department representative. All contact between the Department and the Permit Holder's contractor shall be through the representative of the Permit Holder. Where the Permit Holder 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 Permit Holder within the State right of way until said requirement Is met. The Permit Holder, 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. E 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. ❑ 5, This permit does not give the Permit Holder or any agent or contractor of the Permit Holder any rights to cut, spray, retard, remove, destroy, damage, disfigure or in any way 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 Permit Holder. El 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 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 150 millimeter (6 inch) minimum compacted depth of gravel base material and a 80 millimeter (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 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 150 millimeter (6 inch) minimum compacted depth of gravel base material, a 80 millimeter (3 inch) minimum compacted depth of crushed surfacing top course, and paved with a 80 millimeter (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 bull 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. 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. Permit Holder shall comply with local building codes. Set -back requirements for the location of buildingls 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. Agreement GMB 1021 Exhibit B- Permit Sht 4 of 7 Shts RAMPS - Special Provelm s -Page l Page t Exhibit "A" ❑ 10. The Permit Holder 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 his contract. oil. Workwithin the right of way shall be restricted to between the hours of 7:30 AM and 5:00 PM and / or , 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. ❑ 12. The shoulders, where disturbed, shall be surfaced with crushed surfacing top course 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 5% unless otherwise directed. The restored shoulder must not have any strips or sections less than 0.6 meters (2 feet) wide. The restored shoulder shall be surfaced with ❑ 13. The Permit Holder shall be responsible for constructing and maintaining the access connection(s) 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 Permit Holder's expense, or access may be removed at the Permit Holders expense. Directing of surface water from private property onto Department right of way will not be permitted. ❑ 14. The access aconneclion shall be sufficiently surfaced back an adequate distance from the edge of the pavement to prevent any tracking of material onto the highway. Any tracking of material onto the highway shall be subject to enforcement of Chapter 46.61.655 RCW and shall be immediately cleaned up by the Permit Holder or the Permit Holders agent. ❑ 15. Standard highway warning signs designated as "Truck Crossing" sign, plate W8 -6, shall be placed and maintained at Permit Holder'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 Permit Holder outside Department right of way so no vehicles will be parked on said right of way. ® 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, flagmenshall be employed for the purpose of protecting the traveling public. Roadside operations shall be specified by the Department's representative. 918. During the construction and /or maintenance of this facility, the Permit Holder shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, (Federal Highway Administration) and Washington modifications thereto. If determined necessary by the Department, the Permit Holder shall submit a signing and traffic control plan to the Department's representative for approval prior to construction or maintenance operations. No lane closures shall be allowed except as approved by the Department representative. Approvals may cause revision of special provisions, Including hours of operation. ❑ 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 by the Department at the Olympia Service Center. ❑ 20. A surety bond in the amount of 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. - -- ❑ 21. Relative to advertising adjacent to all State highways, we wish to call your attention to the Scent 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. - ® 22. The Permit Holder shall notify the Department's representative upon completion of the work under this permit so that a final inspection can be made. ® 23. The responsibility of the Permit Holder 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. ® 24. All material 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. Agreement GMB 1021 Exhibit B- Permit Sht 5 of 7 Shts RAMPS- SpecialN.I.lana - Page 2 Page 2 Exhibit'A" d 76 �1 F m U n 41 awi : PI }dl r 1-4 �NI �O 'IN ACCESS NOTES Ill NO ACCDSS It PEANITTEL BETIll THE RAILWAY RIgR W. MY AND THE TNAYELE6 HIMINAY LINES. TYPE C APPROACH IS AN OFF AND ON APPROACH IN LEGAL MANNER, FOR SPECIAL PURPOSE AND WIDTH TO BE AGREED UPON. IT MAY BE SPECIFIED AT A POINT SATISFACTORY TO THE STATE AT OR BETWEEN DESIGNATED HIGHWAY STATIONS. N0.6 THIS APPROACH IS TO BE USED FOR THE OPERATION, I IAINTENANCE AND REPAIR OF THE UTILITY SPECIFIED. THE APPROACH SHALL NOT EXCEED 20 FEET IN WIDTH.- * THIS APPROACH MAY BE WIDENED NOT TO EXCEED 36 FEET. 1100 THIS APPROACH SHALL BE GATED AND LOCKED WHEN NOT IN USE. - 0 O SW %4 NE %4 SEC. 19 red. T. 9 NIJ R. 30 E.W.M. I 00 01 NOTE: FOR TOTAL PARCEL DETAILS SEE SHEET 2 - LEGEND ACCESS TO BE PROHII517CO SHOWN THUS PROPERTV OWNERSHIP NUMBERS PROPERTY LINES - - - - - -- SCALE IN FELT 10sles" O UQUISHED TO T F P at !I { SW%4 NW'la SEC. ZO R AOREEfdENT NO. GM (.17 ,ZIH6.24 P.I_'y. OS• }B ��ry�L�� ,�% •- TURN EXiat, R/W NFS4�y41 LINE NF3 �A fp777/YfGG15,i8 i�l- TURNBACK LINE �ll �R,s.23- - -- ZZZ Z • �! EC 15+19.82 P.O.T. �` ' NF53+-44.18 R-1 'L 605+47.6(. POT. O `•. NE NE 31 +52.8211 I' -- ---- _� __r_nn^ ____N 73•'+2'00 °E . ---, -- . Pd JAY U,.IL OWNERSHIPS ACCE55 APPROACH SCHEDULE PARCEL NO. - NAME TOTAL AREA1 WIN ILT REMAINDER RT ASEMENT TYPE STATION ON ROADWAY i WEST 6 W E£LER ACCES% tit OTHER RIGHTS in 6- do T eC -S -Yfa rsv4 m b� N/ .p011. s/a.Np 1911n.W R '. I El - 1l „I - l 'i _�• • L/� I / i - 5.09520 5C44UTZ ( RICHMOND) tI � III it �' I f 4sppp // Lam, II IF I NOT USED I' It F • 5 -05922 _ HAYES 0 73A . 0.02 AC. fl?, L14+16.00 POT. (102.54'"-/ / 3p e 0.01 AC :W L 543 +151.91 5.03323 0 USED le \`I 11 II II iI - :„ S -09324 I 00 01 NOTE: FOR TOTAL PARCEL DETAILS SEE SHEET 2 - LEGEND ACCESS TO BE PROHII517CO SHOWN THUS PROPERTV OWNERSHIP NUMBERS PROPERTY LINES - - - - - -- SCALE IN FELT 10sles" O UQUISHED TO T F P at !I { SW%4 NW'la SEC. ZO R AOREEfdENT NO. GM (.17 ,ZIH6.24 P.I_'y. OS• }B ��ry�L�� ,�% •- TURN EXiat, R/W NFS4�y41 LINE NF3 �A fp777/YfGG15,i8 i�l- TURNBACK LINE �ll �R,s.23- - -- ZZZ Z • �! EC 15+19.82 P.O.T. �` ' NF53+-44.18 R-1 'L 605+47.6(. POT. O `•. NE NE 31 +52.8211 I' -- ---- _� __r_nn^ ____N 73•'+2'00 °E . ---, -- . Pd JAY U,.IL OWNERSHIPS ACCE55 APPROACH SCHEDULE PARCEL NO. - NAME TOTAL AREA1 WIN ILT REMAINDER RT ASEMENT TYPE STATION ON ROADWAY 5.055{8 WEST 6 W E£LER ACCES% tit OTHER RIGHTS 4 Nr /hsP 6- do T eC -S -Yfa rsv4 m b� N/ .p011. s/a.Np 1911n.W R '. I El - E6-v ACCESS 4 OTHER RIGHTS II�IIII!�' \,IIIiI i - 5.09520 5C44UTZ ( RICHMOND) ACCESS OTHER RIGHTS III • 5 -055ZI NOT USED \\ • 5 -05922 _ HAYES 0 73A . 0.02 AC. �I 1 0.71 Al 0.01 AC :W I III III I I 5.03323 0 USED le \`I 11 II II iI - :„ S -09324 HARDWARE PR09ERTIES INO. ACCES& 8 OTHER gj GHTB 5 -03326 PUBLIC UTILITY DISTRICT 1401 ACCESS OTHER RI HTS Y l NF 29 +50.60 ON T: 94AlNr. YARD -03331 LLINO C 0.02 AC N I -- --HE . N.1. ___3.bT.Ac._... 0.58 All -O 1479.56' 1 h 5.15'94 CN587+GA.BG 14.1.193'1.7. 5'50'57 6.17'14' ,1948.46' 922.59 "2.5122 1 Ilr..,.. +.,,.. +i..., o....,t+ y:... S R. AMR AV915 R ` vas uvE 10 Iv. _1.d161i <_ S- CPI r, 09(t6 2 5.03325 A(d � 3 sAnfJl` T . I_ i (50392A Nw.Al Y4 - I2o]Agreement GMB r`` Exhibit B- Permit General Permit #49565 Sht 6 of 7 Shts Exhibit B 11 IS -t4 6'rD Revived ;.,Inba<k I1n � Pm NF26+261Ig kP NPZb+oo Rly I� lllii7a ®l�� Celpltd I srt wl.en to IOn uHWd R18 Dill pewr 4 Nr /hsP 6- do T eC -S -Yfa rsv4 m b� N/ .p011. s/a.Np 1911n.W R '. 03539 11 \� II�IIII!�' \,IIIiI i \1111 \I ,�j�l 111111 Ilif��i Real R Aen Ri 51�W69B100!teL`^'GPMfo2 areas wRVlt 4ae5ez GWHeI b3 z I III • I I II I'I I �' \\ • •• �I I \ \I I I III III I I •• I le \`I 11 II II iI :„ i• 111111 Il,� Y 2 5.03325 A(d � 3 sAnfJl` T . I_ i (50392A Nw.Al Y4 - I2o]Agreement GMB r`` Exhibit B- Permit General Permit #49565 Sht 6 of 7 Shts Exhibit B 11 IS -t4 6'rD Revived ;.,Inba<k I1n � Pm NF26+261Ig kP NPZb+oo Rly lnM7. -n-Bi dTl Celpltd I srt wl.en to IOn uHWd R18 Dill pewr 4 Nr /hsP 6- do T eC -S -Yfa rsv4 m b� N/ .p011. s/a.Np 1911n.W R '. 03539 Le rb6 -t 11 -- Real R Aen Ri 51�W69B100!teL`^'GPMfo2 areas wRVlt 4ae5ez GWHeI b3 z RI ' t STA.ME M P 13. 01 TO JCT. NOTE' For right of I and limited ocpess plan ahead see SR 182. Poscol SR395 Intel Vidnityy, dated July O ' 1971. Establlstad by Commise[on Findings& Order Issued September 20.1971. Limited All teall lentalNEIY OPPrsevd OetObel 7, 1077 III the SOCrelalY of Transportation. _ EXHIBIT A U-M.4 Aeoeel e.kblished by Seer`l of T l port"on Findings and Order' adopted Mar. 10,1915. 55142 SR 182 MP 8.49 TO MP 13.96 ROAD 68 INTERCHANGE VICINITY - TO 111395 INTERCHANGE VICINITY FPANKNN COUNTY RIGHT OF WAY AND LIMITED ACCESS PLAN FULL CONTROL STATION Lµ'582 +00 TO STATION LE612 +40.00 WASHINGTON LIA@ OIPAEIMINT Or PANSPOeTATION OLYMPIA. WASHINGTON W. A. SIUU¢Y IN IETAEY All R l° d+laeHpnraenn Pella NrLNaE ��P�onm WSr + �� 1 a,I pPrl„r,l /i4VN'MFCMiY 'S M1I .x..•exmmwx, rxiax. wn Oelober T. 1877 SHEET 12 01 97151N3T1 ¢ � a4 m a ` a o t � � LJ r a 1 1 i .� � - -- � —vci � _I _ T �rF r.r • •� ,'Pr•••r .•'Rr ,r'P•rr rrr 'rrrr ®r•• � , r � \ 5 •rrr. r. ••r ♦1. f ..14.00 3450 i1 30+00 30+30 31400 31430 sum 34130 38100 146o 5 4400 31450 55100 33H0 _. 3 1 SUR 1400 !7450 38100 7!150 50100 39!30 10400 /M50 10 O w ---w —w w— w— w— w —w —w— w— — — N.4TH AVE 1 1 �4' - I— • . ...•.....• r. .....: 17 7-7 0 0 �r! 66 w Z 3 2 Isuy j z Turnback line he, W i � I 00 ;1n CONSTRUCTION NOTES: 1) INSTALL DRIVEWAY APPROACH PER CITY STD 3 -58 2) ADDITIONAL AREA TO BE GRASSED (�(� 3) V WIDE CONCRETE MOW STRIP 4) AREA TO BE GRAVELED LJLLJ1,� 0- ti M:O 14 VP LANDSCAPING NOTES: Agreement GMB 1 O21 O U �1 a *Trees: ** *Grass Seed Mixture: I Exhibit B- Permit Sht 7 of 7 ShtS y O li Qj LITTLE LEAF LINEN (TILIA CORDATA) 257 WILD HORSE KENTUCKY BLUEGRASS Q �' 157 BLUENOTE KENTUCKY BLUEGRASS 20 ARISTOCRAT PEAR (PYRUS CALLERYANA 'ARISTOCRAT') 15% HOMERUN PERENNIAL RYEGRASS O EUROPEAN HORNBEAM (CARPINUS BETULUS 'FRANS FONTAINE') 15% FLASH II PERENNIAL RYEGRASS 107 VOLT KENTUCKY BLUEGRASS General Permit #49565 d 10% APPLE GL PERENNIAL RYEGRASS ®CRIMSON SENTRY MAPLE (ACER PLATANOIDES 'CRIMSON SENTRY) 10% VNS CREEPING RED FESCUE Exhibit C TREES SHALL BE A MINIMUM 2" CALIPER AT THE TIME OF PLANTING - iw * ** SEED SHALL BE SPREAD AT A RATE OF 6.7 LEIS PER 1000 SF 8 A NOTE: ALL AREAS TO BE LANDSCAPED SHALL HAVE AN IRRIGATION SYSTEM INSTALLED, SEE THE SPECIFICATIONS FOR DETAILS. �, 3ma KmIahmbelow 1 It 4 Y m , CgHbdMyoud nu WE -s w FM 1' - to 80130E -SME 01 FW'. t' a 8V OP