HomeMy WebLinkAboutUtility Franchise cs 1744 SR 405
Adft
Department
state UTILITY FRANCHISE
Department of Transportation
1
FRANCHISE NO. 10076 DISTRICT NO. 1
Name and Address of Applicant:
City of Renton
200 Mill Avenue South
Renton, WA 98055
The Applicant, hereinafter referred to as the "Utility", having applied for a franchise to construct, operate and
maintain an 8-inch sanitary sewer
on a portion of State Route No. 405 m King County, Washington,
the Washington State Department of Transportation or its designee, hereinafter referred to as the "Department",
hereby orders that this franchise be granted for a period to expire APR 2 6 2014" subject
to the terms and provisions stated upon the reverse hereof and Exhibits attached hereto and by this reference
made a part hereof.-
Exhibit
ereof:Exhibit "A". Special Provisions for Permits and Franchises, Pages 1-5
EXHIBIT "B." Summaries, page 1
EXHIBIT "C." Right-of-way plans entitled, "SR 405, Renton to Kennydale", page 1
EXHIBIT "D." Plans Showing Access entitled, "SR 405, Renton to Kennydale", page 1
Beginning at a point opposite approximate Milepost 6.27 located in the NE 1/4 of the
NW 1/4 of Section 5, Township 23 North, Range 5 East, W.M. ; thence northlerly to a
point opposite approximate Milepost 6.38 located in the SE 1/4 of the SW 1/4 of
Section 32, Township 24 North, Range 5 East, W.M. , more specifically described in
Exhibits "B", "C", and "D":
Construction of facilities proposed under this fran- DEto
�MEN OF TRAN TATION
chise shall begin not later than 2 years, and com-
pleted within 3 years, from date of issuance, By:
otherwise this franchise shall become considered null e s e
and void. Title: ASSistantSecretary for Highways
Date: �r: ? - �
DOT REVISED 6FORM 224 0 03�
85 QX A-215
GENERAL PROVISIONS
1. This franchise is subject to Chapter 47.44 RCW and Chapter 468-34 WAC and amendments thereto.
2. Whenever necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said
highway as determined by the Department, or in the event that the lands upon which said highway is presently
located shall become a new highway or part of a limited access highway, or if the Department shall determine that
the removal of any or all facilities from the said lands is necessary, incidental, or convenient to the construction,
repair, improvement, alteration or relocation of any public road or street, this franchise may be cancelled (in whole or
in part) upon notice by the Department, and any or all of such facilities shall be relocated or removed from said
highway as may be required by the Department.
3. Upon failure, neglect or refusal of the Utility to immediately do and perform any change, removal, relaying or relocat-
ing of any facilities, or any repairs or reconstruction of said highway herein required of the Utility, the Department may
undertake and perform such requirement and the cost and expense thereof shall be immediately repaid to the
Department by the Utility.
4. The Utility, its successors and assigns, agrees to protect the State of Washington and save it 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 performance of any such work, character of materials used or manner of installation,
maintenance and operation, or by the occupancy of right of way by the Utility; in case any suit or action is brought
against the Department for damages arising out of or by reason of any of the above causes, the petitioner, its
successors or assigns will, upon notice of commencement of such action, defend the same at its sole cost and
expense and satisfy any judgment arising therefrom if determined adverse to the State of Washington.
5. Any breach of any of the conditions and requirements herein made, or failure on the part of the Utility of this franchise
to proceed with due diligence and in good faith after its acceptance, with construction work hereunder, shall subject
this franchise to cancellation after a hearing before the Department, of which said hearing the Utility shall be given at
least ten days written notice, if at that time the Utility is a resident or is doing business in the State of Washington;
otherwise, by publishing a notice of said hearing once a week for two consecutive weeks in a newspaper of general
circulation in Thurston County, Washington, the last publication to be at least ten days before the date fixed for said
hearing.
6. Whenever it is deemed necessary for the benefit and safety of the traveling public, the Department hereby reserves
the right to attach and maintain upon any facility by the Utility under this franchise any required traffic control devices,
such as traffic signals, luminaries 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 reasonable cost of any extra construction beyond
normal; such extra cost to be determined jointly by the Department and the Utility of this franchise. It is not to be
construed that the Department is to share in the normal cost of installation, operation or maintenance of any of the
facilities installed under this franchise.
7. No assignment or transfer of this franchise in any manner whatsoever shall be valid nor vest any rights hereby
granted until the Department consents thereto and the assignee accepts all terms of this franchise. Attempting to
assign this franchise without Department consent shall be cause for cancellation as herein provided.
8. The Utility shall within twenty days from receipt of a copy of this order, file with the Department at Olympia its written
acceptance of the terms and conditions of this franchise.
9. If the Utility enters into a contract or agreement with a contractor to perform the work provided herein to be
performed by the Utility, the Utility for itself, its assigns and its successors in interest, agrees that it will not
discriminate on the basis of race, color, sex, or national origin in its choice of contractors and will include all of the
nondiscrimination provisions set forth in Appendix "A" from Title VI of the Civil Rights Act of 1964 and Section 162(a)
of the Federal Aid Act of 1973(23 U.S.C. 324), and as said Regulations may be amended. Breach of any of the above
nondiscrimination covenants shall be cause for cancellation as herein provided.
10. The Utility pledges that performance of routine cutting and trimming work will be accomplished in such a manner that
the roadside appearance willyriot be drsfiguY`ed. When major work is involved, or damage to roadside appearance may
become significant, the holder shall secure the approval of the Department in advance of the work.
FORM 224003 BACK
DOT REVISED 6/85 OX A 215
SPECIAL PROVISIONS FOR
VUrttonState PERMITS AND FRANCHISES
Depapartment of Transportation
99ff=XFranchise No. 10076
Applicable provisions are denoted by (X)
® 1. No work provided for herein shall be performed until the Utility is granted authorization by the Department's representative:
Name: Send correspondence to:
Title: District Utilities Engineer
Address: 15325 S.E. 30th Place, Bellevue, WA 98007
Telephone No.: For preconstruction conference call: Mr. Olson, 872-6470
® 2. A copy of the permit or franchise must be on the job site,and protected from the elements,at all times during any of the construction authorized
by said permit or franchise within the Department's right-of-way.
® 3. In the event any milepost, right-of-way marker, fence or guard rail is located within the limits of this project and will be disturbed during
construction,these items will be carefully removed prior to construction and reset or replaced at the conclusion of construction to the satisfac-
tion of the Department. All signs and traffic control devices must be maintained in operation during construction.
® 4. Prior to construction,the Utility shall contact the Department's representative(listed under Special Provision Number 1)to ascertain the location
of survey control monuments within the project limits. In the event any monuments will be altered, damaged or destroyed by the project,
appropriate action will be taken by the Department,prior to construction,to reference or reset the monuments.Any monuments altered,damaged
or destroyed by the Utility's operation will be reset or replaced by the Department at the sole expense of the Utility.
® 5. In the construction and/or maintenance of this facility,the Utility shall comply with the Manual on Uniform Traffic Control Devices for Streets and
Highways.If determined necessary by the Department,the Utility shall submit a signing and traffic control plan to the Department's representa-
tive for approval prior to construction or maintenance operations.
® 6. The Utility shall notify the Department's representative upon completion of the work under this permit or franchise so that a final inspection can
be made and shall immediately furnish to the District Utilities Engineer a revised franchise or permit plan of the final location or relocation of its
rte facilities if the original franchise or permit plans have been revised during the course of construction.
Jdl 7. Prior to the beginning of construction, a preconstruction conference shall be held at which the Department and the Utility and his engineer,
contractor, and inspector shall be present.
❑ 8. Should the Utility choose to perform the work outlined herein with other than its own forces, a representative of the Utility shall be present at all
times while the construction is in progress unless otherwise agreed to by the Department. All contact between the Department and the Utility's
contractor shall be through the representative of the Utility. Where the Utility chooses to perform the work with its own forces, it may elect to
appoint one of its employees engaged in the construction as its representative. Failure to comply with this provision shall be grounds for
restricting any further work by the Utility within the right-of-way, until said requirement is met.
❑ 9. The Utility 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.
❑ 10. The Utility agrees that when placing its facility within any portions of the roadbed,the trench shall be backfilled in horizontal layers not to exceed
6 inches in loose thickness,except that the layers of the top 2 feet from profile grade shall not exceed 4 inches in loose thickness.Each layer of
the entire backfill shall be compacted to not less than 95 percent of the maximum density as determined by compaction control tests. The
moisture content of the backfill material at the time of compaction shall be as specified by the Department.In no case will "water settling" be
allowed.
11. Work shall be restricted to the hours between 9 a.m. ggrid Q t� m and no work shall be allowed on the
r� right-of-way Saturdays, Sundays or Holidays unless otherwise au�thonze?tiy�tie C3epa�finent.
1c�1 12. If determined necessary by the Department, any or all of the excavated material shall be removed and replaced with suitable material as
specified by the Department.
13. Wherever deemed necessary by the Department of Labor and Industries and/or the Department of Transportation,for the safety of the workers
and the protection of the highway pavement, the sides of the trench (or excavation) shall be adequately supported to reduce the hazard to
workers and prevent any damage by cracks,settlement,etc.to the pavement.No other work in the trench or excavation area will be allowed until
this requirement is met.
14. Trenches shall be backfilled as soon as possible behind the laying of pipe or cable.No open trenches shall be left overnight.This includes boring
or jacking pits which shall be covered with lumber or other material of sufficient strength to withstand the load of highway traffic if the pit is not to
be backfilled with material each night.
15. All slopes, slope treatment, top soil, ditches, pipes, etc., disturbed by this operation shall be restored to their original cross section and
condition.All open trenches shall be marked by warning signs,barricades,lights and if necessary,flagmen shall be employed for the purpose of
protecting the traveling public. Roadside operations shall be specified by the Department's representative.
16. Where applicable,markers shall be placed at each right-of-way line for all crossings and placed every 500 feet for longitudinal lines to include:
company name,pipeline or cable identification,telephone number for contact,and the distance from the marker to the line in feet.Markers shall
be placed so as to minimize interference with maintenance operations.Markers shall also be placed at all changes in offset distance from right-
of-way line or centerline of highway.
FORM 224 030
DOT REVISED W 85 ox A-215 Page 1 EXHIBIT "A"
17. In the event that construction and maintenance of the highway facility within the proximity of the utility installation becomes necessary during the
period which the Utility will occupy a portion of the right-of-way,it is expressly understood that,upon request from the Department's representa-
tive,the Utility will promptly identify and locate by suitable field markings any and all of their underground facilities so that the Department or its
contractor can be fully apprised at all times of its precise location.
❑ 18. The shoulders, where disturbed shall be surfaced with crushed surfacing top course inches minimum compacted
depth, or as directed by the Department's representative.The surface of the finished shoulder shall slope down from the edge of pavement at
the rate of 0.02 foot per foot 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
❑ 19. All crossings of road intersections surfaced with oil,asphalt concrete pavement or cement concrete pavement shall be accomplished by jacking,
boring, or augering the cable or pipe under the roadway, unless specifically provided for otherwise under special provision no. 21.
❑ 20. The cable or pipe shall be placed within a suitable encasement as specified on the attached exhibits. Said encasement pipe shall be jacked,
bored,or augered through the highway grade with a minimum depth of 5 feet from top of casing to finished road grade and a minimum of 3'h feet
of depth from bottom of ditch to top of casing.
❑ 21. Open trench construction will be allowed only at those locations identified on the plan exhibits and/or listed on Exhibit(s) , with
restoration to be performed as noted on the attached "Open Cut Detail," Exhibit
fty
1Au 22. No routine maintenance of this facility will be allowed within the limited access area.
❑ 23. Routine maintenance of this facility will not be permitted from the through traffic roadways or ramps of SR and all service to this
facility will be by access from
❑ 24. Bond coverage required to ensure proper compliance with all terms and conditions of said permit or franchise will be furnished by a Blanket
Surety Bond held at Headquarters in Olympia.
❑ 25. The Utility shall provide to the Department in the amount of$ a surety bond written by a surety company authorized to do
business in the State of Washington or an escrow account with a bank approved by the Department, prior to start of construction, to insure
compliance with any and all of the terms and conditions of this permit or franchise.Said bond/account to remain in force for a period ending one
year after date of completion of construction.
❑ 26. The Utility agrees to bury the aerial lines covered by this franchise in Scenic Classes "A" and "B", as defined on attached Exhibit
either at the time of major reconstruction of the line,for that portion of line to be reconstructed,or prior to expiration of this
franchise.
❑ 27. The Utility agrees to bury the aerial lines covered by this franchise in Scenic Classes "A", "AX", "B" and/or "BX", as defined on attached
Exhibit , at the time the pole owner buries its facility.
❑ 28. The Utility agrees to bury or relocate aerially the existing overhead lines in Scenic Classes "AX" and "BX", as defined on attached Exhibit
to a location acceptable to the Department either at the time of major reconstruction of the line, for the portion of line to be
reconstructed, or prior to the expiration of this franchise. The existing aerial lines may remain in their present location if acceptable to the
Department.
29. The Utility agrees to be responsible for any construction deficiencies as a result of the roadway installation.
❑ 30. The Utility will be required to maintain one-way traffic during working hours and !wo-way traffic at all other times.
DOFORM 224-030
T REVISED 10851BQX1A-215Page 2 EXHIBIT cry»
nr"'r
SPECIAL PROVISIONS FOR PERMITS AND FRANCHISES (Continued)
X31. The Utility/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 Utility/Grantee, its assigns,
agents, contractors, licensees, employees or any person
whomsoever, in connection with Utility's/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/franchise. 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
Utility/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 Utility/Grantee or Utility's/Grantee's
agents or employees, and involves those actions covered by
RCW 4 . 24 . 115, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the
Utility/Grantee or the Utility's/ Grantee's agents or
employees. This special provision supersedes Franchise
General Provision No. 41 Utility Permit Provision No. 3 and
General Permit General Provision No. 1.
The Utility/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 agent, contractors, licensees,
employees or customers in connection with Utility's/
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 agreement 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 Utility's/Grantee's property by the State of
Washington, its agents, contractors or employees.
X32 . In lieu of a surety bond to ensure compliance with the terms
and conditions of this franchise the City of Renton agrees
that the Department may effect reimbursement for the amount
necessary to restore the highway from the monthly fuel tax
allotments which the City of Renton is normally entitled to
receive from the Motor Vehicle Fund, and in accordance with
RCW 47. 08. 090.
EXHIBIT "A" Page 3 FRANCHISE 10076
SPECIAL PROVISIONS FOR PERMITS AND FRANCHISES (Continued)
X33 . Construction of this facility will not be permitted from the
through traffic roadways, shoulders or ramps of SR 405. All
access during construction shall be from outside the State
right-of-way.
X34 . The Utility shall reimburse the Department for all actual
direct and related indirect costs necessitated by this
franchise/permit. Such costs include, but are not limited
to, plan review and inspection.
X35. 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.
X36. Should the Grantee/Utility choose to perform the work
outlined herein with other than its own forces, a
representative of the Grantee/Utility shall be present at
all times unless otherwise agreed to by the District
Representative. All contact between the Department and the
Grantee/Utility's contractor shall be through the
representative of the Grantee/Utility. Where the
Grantee/Utility 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/Utility within
the State right-of-way, until said requirement is met. The
Grantee/Utility, 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.
X37 . The responsibility of the Grantee/Utility 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 worksite
of Department representatives, or by compliance by the
Grantee/Utility with any requests or recommendations made by
such representatives.
X38 . Utility facilities installed longitudinally within Zone B,
outside of Zone A, shall have a minimum cover of 36 inches
except in consolidated rock where it is necessary to saw or
blast the rock to install the facility, the minimum cover
may be 24 inches.
EXHIBIT "A" Page 4 FRANCHISE 10076
SPECIAL PROVISIONS FOR PERMITS AND FRANCHISES (Continued)
X39. The utility shall install detector tape or cable 12 inches
above the underground facility. The tape shall conform to
the standards of the American Public Works Association
Uniform Color Code.
X40. A fence shall enclose the work area at all times to prevent access to the
highway.
EXHIBIT "A" Page 5 FRANCHISE 10076
SUMMARY OF SYSTEMS
NOTE: Proposed 8-inch sanitary sewer main unless otherwise noted.
MP 6.27 Enter R/W Rt
MP 6.27 to MP 6. 38 20' Lt. of Rt
R/W Line
MP 6. 38 Leaves and Rt
Enters R/W
MP 6. 38 :Existing Xing Permit 12051
SUMMARY OF MANHOLES
MP 6.27 Rt
MP 6. 31 Rt
EXHIBIT "B" Page 1 FRANCHISE 10076
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I ' "• V �
1 Z o'JE B 'Z o1JE A I 1_ZeNi A rlC. ZoNf B Q ---_ - - -- ----- -- -- I.._ --- - _ -
LON _?BUD/NAL DETAIL r> ' -- - -- - - �- -- _ _ - - - -_ --!----
I �- -_�---_ -- - -- -'
9 Usable Shoulders +•'Uniform i/i nr>krr? and �--- -
_ --�-_ ___- _ ---- -- -- --- - - -- -_ =- —-
dF
All traffic lanes rade V3 17car 83 r-1cficlrble LR.1✓rcner/_i- --- --- --- r - -t= — _ � _y - - - � -- - EXHIBIT
Hsdl�na to the righe-of-"y line.” _ - - _ - -- c.-. _�—=_ _--
Vol
_ _ _ FRANCHISE 10076
Utilit facilities shall b buried in accordance with the Provisions for PerTrits =--- _- _, .-_- ___,__-- _ _ - __ _- =-1-_=- - __ _ -__z
_ and Franchises. - ;--- ------ --�---- -
- ---- == - _ _--- - - PAGE
Zone .A is the area within the foreslope and backslope where routine maintenance _ _ -
operations generally occur. This area is defined as five feet beyond the bottom _t:;7-
PAGE
- of the ditch or 15 feet beyond the edge of shoulder, whichever is further.
---
Zc e B is the area outside of the roadway and Zone A. - -_ _- _ ----_--
C d. Y_ i evat'l on --
-T-
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- �_- - FRANCHISE 10076
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d N EJ ° 1957REVISED BY LEGISLATIVE ACTION OF YOip ,
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Letter 6-11-17 'I-IS-11Rwierd R1W 4 LIA q5 acgD,rtd on t.4.y¢_Sio.4obFo0(N.30+•St.) _ RLS
Let1PLAN SHOWING ACCESS
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%1 L AUT woNITY DATE SVeSt+o V[NT rAP/RovAl' I BY J .• LE Wawrc Nar rn,OO.LS owr,Nn+be
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n' n' SHEET I OF 2 SHE4ETS
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N N Established b CommissIon il .ft"x G'� :
rl - - - •A Resclution No.f21 Feb.16,1955.. •� ;'<'�'
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