RESUB 1 - BLD2021-1014+WSDOT_PERMIT_APPLICATION+9.7.2021_12.03.19_PM+2395255REESUB
BLD2021-1014
MW
Sep 07 2021
CITY OF EDMONDS
DE ELCPMENT SERVICES
DEPARTMENT
General Permit
(Application and Permit)
Applicant (hereinafter referred to as Permit Holder)
Permit Number
General Mechanical
GP
Address
State Route
2316 S State St
104
City
State
Zip Code
Begin Milepost (if applicable)
End Milepost (if applicable)
Tacoma
WA
98405
Left ❑ Right ❑✓ 25
Left ❑ Right ❑✓ 25+.25
Phone Number
FED ID/SWV #
Region
253-627-8155 / cell253-606-3696
91-0730696
Email
County
mlonsford@generalmechanical.com
Pierce
Project Name (if applicable)
Edmonds WWTP Carbon Recovery
Public Land Survey System (PLSS)
At or begins at SW 1/4 of the SE 1/4 of Section 23 Township 27 N, Range 03 E ❑✓ W ❑
and if applicable ends at NW 1/4 of the SE 1/4 of Section 23 Township 27 N, Range 03 E ❑✓ W ❑
This General Permit shall apply to all Work being constructed by the permit on WSDOT right-of-way that is owned by or under
WSDOT jurisdiction and includes all Work that will be WSDOT's responsibility to maintain when the Work is completed and accepted
by WSDOT. (RCW 47.24.020 City Streets as part of State Highways.)
Intended Use of WSDOT Highway Right -of -Way (hereinafter referred to as the "Work"):
To complete contracted work for the Edmonds Waste Water Treatment Plant, we require the use of the eastern lane of Hwy 104,
which is a ferry lane for the Edmonds Ferry Terminal. This lane is the only access to the west side of the WWTP and is the primary
point of access to our work within the plant. We first need to use this area to open and clear the area along the west edge of the
building and create a staging area for loading materials in and out of the building. In this lane we will set up construction equipment
(cranes and forklifts) to outload all the demolished equipment and structure being replaced within the WWTP. We will then do the
same to offload trucks bringing in materials and process equipment for the plant. It will be used as a staging area for accessing
everything in and out of the Solids Processing Building. We would like to use the lane from Mondays at 6 AM until Thursdays at
4:30 PM and maintain the closure through evenings for storage of construction equipment and materials. The timeframe for this is
approximately 6 months.
The Washington State Department of Transportation hereinafter will be referred to as "WSDOT." WSDOT will allow the Permit Holder
to construct, upgrade, use, and/or maintain the Work described above provided the Permit Holder accepts all the terms, provisions,
and exhibits attached hereto and by this reference made a part of this permit.
Exhibit "A": General Permit Special Provisions Exhibit "E":
Exhibit "B": Right of Way Sheet and/or Vicinity Map Exhibit "F":
Exhibit "C":
Exhibit "D":
By signing below the Permit Holder accepts all the terms, provision, and exhibits attached to and made a part of this permit.
Permit Holder
WSDOT Approval
Print Name
Print Name
Mike Lonsford
Print Title
Print Title
Vice President
Signature
Signature
Date
Date
9/1 /21
Expiration Date
DOT Form 224-698
Revised 09/2020
Page 1 of 6
General Provisions
No changes to these General Provisions may be made without further approval of the Office of the Attorney General
DOCUMENTS, NON-EXCLUSIVE, COMPLIANCE WITH LAW, WORK
1. A copy of this Permit must be on the job site, protected from the elements, at all times during any Permit Holder
activity, construction or improvement Work as authorized by this Permit. "Work" under this Permit shall include the
use of WSDOT-owned right-of-way as authorized herein.
2. The Permit Holder shall be responsible for compliance with all applicable federal, state, tribal and local laws,
ordinances and regulations, that affect work being performed pursuant to this Permit. The Permit Holder shall defend
and indemnify WSDOT and the State of Washington against any claims that may arise because the Permit Holder
(or any of its employees or subcontractors) violated a legal requirement.
3. The Permit Holder agrees that all Work shall be performed and completed to the satisfaction of WSDOT. All material
and workmanship shall conform, in the sole discretion of WSDOT, to WSDOT's Standard Specifications for Road,
Bridge, and Municipal Construction, current edition and amendments thereto, unless WSDOT has agreed in writing
to a different standard, and shall be subject to WSDOT inspection. All WSDOT inspections of Work within WSDOT-
owned highway right-of-way or upon state highway right-of-way under WSDOT jurisdiction, are solely for the benefit
of WSDOT and not for the benefit of the Permit Holder, Permit Holder's contractor (if any), or any third party.
4. Upon approval of this Permit, the Permit Holder agrees to and shall diligently proceed with the Work and comply
with all of the terms, provisions, and exhibits attached herein. Unless specified otherwise by WSDOT, or agreed to
in writing by WSDOT, the work authorized by this Permit shall begin, be completed, or shall expire by the dates as
agreed to by this Permit and its provisions, as indicated on page 1.
RIGHT OF ENTRY NON-EXCLUSIVE
Subject to the terms of this Permit, WSDOT hereby grants to the Permit Holder, its authorized agents, contractors,
subcontractors, and employees, a right of entry upon WSDOT-owned highway right-of-way or upon state highway
right-of-way under WSDOT jurisdiction, onto which access is necessary to construct, operate and/or maintain the
completed Work.
If WSDOT has approved any limited access breaks, or inner corridor access breaks, for the Work, the Permit Holder
shall strictly comply with the terms and conditions of such approval.
WSDOT NOTIFICATION: SURVEY MONUMENTS, HIGHWAY SIGNS, FENCES, LANDSCAPING
Unless authorized by WSDOT or other affected property owner in writing, the Permit Holder shall assure that all
public and private property, including but not limited to traffic signal equipment, signs, guide markers, lane markers,
fences, mailboxes, guardrail, barriers, and utilities, are not impacted, damaged, destroyed, or removed. If any
such property is damaged, destroyed, or removed without prior written authorization, the Permit Holder shall notify
WSDOT's representative immediately of such impact, damage, destruction or removal. The Permit Holder shall
replace, repair, or fully restore any private or public property that is damaged, destroyed, or removed to WSDOT's
sole satisfaction.
The Permit Holder shall not disturb, remove, or destroy any existing Survey Monument before first obtaining
a Washington State Department of Natural Resources (DNR) permit. The Permit Holder agrees that resetting
Survey Monuments shall be the sole responsibility, and at the sole expense, of the Permit Holder. Such resetting
of any Survey Monument shall be performed by or under the direct supervision of a Licensed Professional Land
Surveyor. The Permit Holder shall notify WSDOT in writing within ten (10) calendar days of any Survey Monument
that has been disturbed, removed, destroyed, or reset, and shall restore the Survey Monument to its original place
and condition at the Permit Holder's sole expense within ten (10) calendar days of its disturbance, damage or
destruction.
If Permit holder does not perform the resetting work as required herein, WSDOT may perform such work and the
Permit Holder agrees to fully reimburse and make payment to WSDOT within thirty (30) calendar days of the date of
WSDOT's detailed invoice pursuant to Section 26 — Invoice and Payments, herein. If WSDOT chooses not to make
the repairs, WSDOT may initiate an action to revoke this Permit.
A listing of Survey Monuments can be found at the WSDOT's Geographic Services Office Website:
http://www.wsdot.wa.gov/monument/searchBroad.aspx
DOT Form 224-698 Page 2 of 6
Revised 09/2020
DISTURBANCE OF EXISTING RIGHT-OF-WAY VEGETATION
Unless otherwise authorized by WSDOT's representative in writing prior to the start of any Work, this Permit does
not authorize the Permit Holder, its' employees, contractors, or agents, any right to cut, spray, retard, remove,
destroy, disfigure, or in any way modify the physical condition of any vegetative or landscaping material located on
WSDOT owned highway right-of-way or upon state highway right-of-way under WSDOT jurisdiction. Should the
Permit Holder anticipate that its' Work will alter the appearance of WSDOT-owned highway right-of-way vegetation
or landscaping material, the Permit Holder shall notify the WSDOT representative listed in Special Provision 1 to
obtain WSDOT's prior written approval of the Permit Holder's proposed Work. If WSDOT allows the Permit Holder
to modify WSDOT-owned highway right-of-way vegetation, it agrees that any vegetation cutting and/or trimming
activities shall be conducted in such a manner that WSDOT-owned highway right-of-way vegetation and landscaping
material appearance or functionality will not be altered or damaged. Should the Permit Holder alter or damage the
appearance of WSDOT-owned highway right-of-way vegetation and landscaping without WSDOT's prior written
approval, the Permit Holder is subject to penalties provided for in RCW's 47.40.070, 47.40.080, and 4.24.630, as
applicable.
REMOVAL OF TIMBER
This Permit is issued pursuant to the applicable terms of RCW 47.12.140 (Severance and Sale of Timber and other
personalty - Removal of nonmarketable materials). This Permit does not authorize the Permit Holder, its' employees,
contractors, or agents, any right to cut or remove any trees or timber located on WSDOT right-of-way or upon state
highway right-of-way under WSDOT jurisdiction without prior written approval from WSDOT.
MERCHANDISING
10. It is unlawful for any person to build, erect, establish, operate, maintain, or conduct along and upon the right-of-way
of any state highway any platform, box, stand, or any other temporary or permanent device or structure used or to
be used for the purpose of receiving, vending, or delivering any milk, milk cans, vegetables, fruits, merchandise,
produce, or any other thing or commodity of any nature unless a permit therefore has first been obtained from
WSDOT. WSDOT shall in each instance determine where any platform, box, stand, or any other temporary or
permanent device or structure shall be permitted pursuant to RCW 47.32.110.
EROSION CONTROL AND DRAINAGE
11. All discharges to WSDOT right-of-way or upon WSDOT highway right-of-way under WSDOT jurisdiction, if allowed,
shall conform to State and Local water quality regulations and shall meet WAC 173-201A (Water Quality Standards
for Surface Waters of the State of Washington).
12. During construction of this work, the Permit Holder shall comply with all provisions of the WSDOT Highway Runoff
Manual, or WSDOT approved equivalent plan, and implement Best Management Practices (BMP's) to mitigate
erosion.
CULTURAL RESOURCES
13. If any archaeological or historical resources are revealed in the Work vicinity, the Permit Holder shall immediately
STOP Work, notify WSDOT's Representative and retain a United States Government Secretary of the Interior's
qualified archaeologist. Said archaeologist shall evaluate the site and make recommendations to WSDOT regarding
the continuance of the Work.
COMPLIANCE WITH CLEARZONE GUIDELINES
14. The Permit Holder hereby agrees that the Work described in this permit is in compliance with WSDOT's Clear Zone
Guidelines pursuant to Chapter 1600 of WSDOT's Design Manual (M 22-01) and any revisions thereto. For any
Work performed on a managed access state highway within an incorporated city or town, the Permit Holder may use
the applicable city or towns clear zone guidelines if the city or town has their own published clear zone guidelines.
PERMIT EXTENSION AND ASSIGNMENT
15. The expiration date of this Permit may not be extended without WSDOT's prior written approval.
16. This Permit shall not be deemed or held to be an exclusive one and shall not prohibit WSDOT from granting permits
or franchise rights; or entering into other agreements with other public or private companies or individuals, nor shall
it prevent WSDOT from using any of its highways, 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.
DOT Form 224-698 Page 3 of 6
Revised 09/2020
MAINTENANCE DEFIENCIES
17. The Permit Holder shall correct any maintenance deficiency related to, or contributed to in any way by, the Work
within thirty (30) consecutive calendar days upon receiving written notice of such deficiency from WSDOT, unless
WSDOT authorizes in writing a different time period. Should the Permit Holder fail to correct a deficiency within the
prescribed time period after receiving written notice of the deficiency from WSDOT, WSDOT reserves the right to
perform the necessary maintenance work to preserve WSDOT right-of-way or upon state highway right-of-way under
WSDOT jurisdiction or for the protection of the traveling public including bicycles or pedestrians. If WSDOT performs
maintenance work as provided herein, the Permit Holder agrees to fully reimburse and make payment to WSDOT
within thirty (30) calendar days of the date of WSDOT's detailed invoice pursuant to Section 26 — Invoice and
Payments, herein. It WSDOT chooses not to make the repairs; WSDOT may initiate an action to revoke this Permit.
INTERFERENCE WITH OTHER PROJECTS
18. The Permit Holder agrees to schedule and perform the Work herein in such a manner as not to interfere with any
WSDOT maintenance or other activities on WSDOT right-of-way or upon state highway right-of-way under WSDOT
jurisdiction, including any WSDOT authorized construction activities that may be occurring in the general vicinity of
the Work authorized by this Permit.
INSURANCE
19. Insurance (Applicable on a case by case basis)
The Permit Holder shall provide proof of insurance coverage prior to performing any Work within State-owned
highway right of way, as follows:
Commercial General Liability covering the risks of bodily injury (including death), property damage, and
personal injury, including coverage for contractual liability, with a limit of not less than $5 million per occurrence
and in the aggregate; OR
Business Automobile Liability (owned, hired, or non -owned) covering the risks of bodily injury (including death)
and property damage, including coverage for contractual liability, with a limit of not less than $1 million per
accident; OR
• Employers Liability covering the risks of Permit Holder's employees' bodily injury by accident or disease, with
limits of not less than $1 million per accident for bodily injury by accident and $1 million per employee for bodily
injury by disease.
WSDOT and the State shall be expressly named as an additional insureds under these general liability and
automobile liability policies, by endorsing these policies with form CG2010 1185 or CA2048 (as appropriate), which
shall contain no additional limitations with respect to completed operations or ongoing operations coverages, nor
shall there be any limitation with respect to the negligence of WSDOT and the State. These policies shall be primary
and non-contributory with respect to WSDOT and the State, and shall contain a waiver of subrogation in favor of
WSDOT and the State. The Permit Holder shall furnish WSDOT proof of these insurance requirements prior to
performing any Work under the Permit. A forty-five (45) calendar day written notice shall be given to the Department
prior to termination of or any material change to the policy(ies) as such relate(s) to this Permit.
MODIFICATION OR REVOCATION OF THE PERMIT BY WSDOT
20a. Modification: If this Permit is modified in writing by WSDOT, the Permit Holder will have thirty (30) calendar
days from the date of the written notice to modify the Work as required by WSDOT. If the modifications cannot
be made within thirty (30) calendar days, the Permit Holder shall request from WSDOT, in writing, during the
prescribed time period, an extension of time in which to make the modifications. Any extension of time shall be
made in writing and is solely within WSDOT's discretion.
Should the Permit Holder breach any of the conditions or requirements of the permit or if WSDOT determines
that emergency maintenance of the Work is required to (1) protect any aspect of the state highway right-of-way
or upon state highway right-of-way under WSDOT jurisdiction, or (2) secure the safety of the traveling public
due to a failure of the Permit Holder's Work or its maintenance thereof, WSDOT may perform the emergency
maintenance work without the Permit Holder's prior approval, and the Permit Holder agrees to reimburse
WSDOT's actual direct and related indirect costs and expenses for performing the emergency maintenance
work pursuant to the provisions of Section 26 - Invoice and Payments. WSDOT will notify the Permit Holder of
the emergency work performed as soon as practicable.
DOT Form 224-698 Page 4 of 6
Revised 09/2020
20b. Revocation: If the Permit is revoked and the Permit Holder fails to return the property back to its original
condition, as solely determined by WSDOT, WSDOT shall perform such Work at the Permit Holder's sole cost
and expense, and the Permit Holder shall reimburse WSDOT's actual direct and related indirect costs and
expenses for performing the Work pursuant to the provisions of Section 27 - Invoice and Payments.
20c. Plan Corrections: WSDOT reserves the right to require changes or corrections due to plan omissions or details
not in conformance with WSDOT's Standard Specifications, Standard Plans, Design Manual, or Project Special
Provisions.
MODIFICATION OF THE PERMIT BY THE PERMIT HOLDER
21. If the Permit Holder desires to modify this permit and/or the Work, it shall notify the WSDOT Representative listed
in Exhibit A, Special Provisions, in writing of all proposed changes for WSDOT's prior written approval. WSDOT
agrees to provide written acceptance or rejection of the proposed change(s) to the Permit Holder within Ten (10)
business days.
ADDITIONAL PERMIT CONDITIONS
22. The Permit Holder shall not excavate or place any obstacle within the limits of state highway right-of-way in such a
manner as to interfere with WSDOT's construction, operation, and maintenance of the State Highway right-of-way or
the public's travel thereon without WSDOT's prior written approval and/or as may be provided in this Permit.
23. Upon completion of all Work, the Permit Holder shall immediately remove all rubbish and debris from WSDOT
right-of-way or upon state highway right-of-way under WSDOT jurisdiction, leaving WSDOT right -of- way in a neat,
presentable, and safe condition, to WSDOT's sole satisfaction. Any Work -related rubbish and debris clean up, or any
necessary slope treatment to restore and/or protect WSDOT right-of-way or upon state highway right-of-way under
WSDOT jurisdiction, not done within seven (7) calendar days of Work completion, will be done by WSDOT at the
expense of the Permit Holder, unless otherwise approved in writing by WSDOT prior to the expiration of the (7) day
period.
The Permit Holder agrees to reimburse WSDOT's actual direct and related indirect costs and expenses for
performing the Work pursuant to the provisions of Section 26 - Invoice and Payments.
24. The Permit Holder agrees to maintain, at its sole expense, its Work under this Permit in a manner satisfactory to
WSDOT, in WSDOT's sole discretion.
25. WSDOT shall in no way be held liable for any damage to the Permit Holder by reason of any such work by or
authorized by WSDOT, its agents or representatives, or by the exercise of any rights by WSDOT upon roads, streets,
public places, or structures in question.
EXTENSION OF THE EXPIRATION DATE
26. If requested by the Permit Holder, the Expiration Date of this Permit may be extended by WSDOT after review of the
contributing circumstances.
INVOICE AND PAYMENTS
27. If WSDOT deems it necessary to perform Work as provided for in this Permit by WSDOT forces or its' contractor,
including but not limited to any modification, repair, clean up or removal of the Work authorized under this Permit:
WSDOT will assign a reimbursable account to the Permit Holder as a means of invoicing the Permit Holder for
the costs associated with the Work performed by WSDOT.
WSDOT will provide a detailed invoice, including direct and related indirect costs, to the Permit Holder for the
Work performed by WSDOT or its contractor(s), and the Permit Holder agrees to pay WSDOT within thirty (30)
calendar days of receipt of an invoice.
C. The Permit Holder agrees that if payment is not made to WSDOT as herein agreed, WSDOT may charge late
fees, interest and/or refer the debt to a Collection Agency, all in accordance with Washington State Law.
DOT Form 224-698 Page 5 of 6
Revised 09/2020
OTHER PERMITS AND APPROVALS
28. The Permit Holder shall be responsible for securing all necessary permits, including but not limited to, federal, state,
and local regulatory, tribal, environmental, archeological, and railroad permits and permits from the Washington
State Department of Ecology, the Washington State Department of Fish and Wildlife, and/or the U.S. Army Corps
of Engineers prior to beginning the Work authorized by this Permit. The Permit Holder shall be responsible for
mitigation measures where wetlands have been disturbed and agrees that it is solely responsible for any fines
imposed for noncompliance with the permit(s) conditions or for failure to obtain the required permits. In addition, the
Permit Holder, on behalf of itself and its contractors, officers, officials, employees, and agents, agrees to indemnify,
hold harmless, and defend, at its sole cost and expense, WSDOT and its officers, officials, employees, and agents
from any and all fines, costs, claims, judgments, and/or awards of damages to regulatory agencies, persons, and/or
property, arising out of, or in any way resulting from, the Permit Holder's failure to (1) obtain any required permit for
the Permit Holder Work or (2) comply with permit conditions.
INDEMNIFICATION, WAIVER, VENUE, AND ATTORNEYS FEES
29. The Permit Holder, its successors and assigns, shall indemnify, defend at its sole cost and expense, and hold
harmless the State of Washington, its officers, employees, and agents from all claims, suits, demands, actions
for damages (both to persons and/or property), expenses, regulatory fines, and/or suits in law and in equity that
(1) arise out of or are incident to, or alleged to arise out of or are incident to, any acts or omissions of the Permit
Holder, its agents, contractors, subcontractors, employees, invitees, successors, assigns and/or any other person in
the use of the WSDOT-owned highway right-of-way or upon state highway right-of-way under WSDOT jurisdiction
as authorized by the terms and conditions of this Permit, or (2) are caused by the breach of any of the terms or
conditions of this Permit by the Permit Holder, its successors and assigns, and its contractors, subcontractors,
agents, employees, invitees and/or any other person. The Permit Holder, its successors and assigns, shall not be
required to indemnify, defend, or hold harmless the State of Washington, its' officers, employees and/or agents, if the
claim, suit, or action for damages (both to persons and/or property) is caused by the sole acts or omissions of the
State of Washington, its' officers, employees and/or agents; provided that, if such claims, suits, or actions result from
the concurrent negligence of (1) the State of Washington, its officers, employees and/or agents, and (2) the Permit
Holder, its agents, contractors, subcontractors, employees, invitees, successors, assigns and/or any other person
or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and
enforceable only to the extent of the acts or omissions of the Permit Holder, its agents, contractors, subcontractors,
employees, invitees, successors, assigns and/or any other person.
30. The Permit Holder agrees that its obligations under this Permit extend to any claim, demand, and/or cause of action
brought by, or on behalf of, any of its' employees or agents while performing Work under this Permit while located
on or off WSDOT-owned highway right of way or upon state highway right of way under WSDOT jurisdiction. For
this purpose, the Permit Holder, by mututal negotiation, hereby waives, with respect to the State of Washington only,
any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions in
chapter 51.12 RCW.
31. The indemnification and waiver provided for in Sections 29 and 30 shall survive the termination of this Permit.
32. In the event that the Permit Holder or WSDOT deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this Permit, the Permit Holder and WSDOT agree that any such action or proceedings
shall be brought in the superior court situated in Thurston County, Washington. Further, the Permit Holder agrees
that it shall be solely responsible for its own attorney's fees and costs and agrees that it shall not seek nor be entitled
to recovery of such attorney's fees and costs.
NONAPPLICABILITY OF RELOCATION ASSISTANCE/EMINENT DOMAIN
33. The Permit Holder acknowledges that this Permit does not at any time entitle the Permit Holder, its successors or
assigns, to assistance under the Relocation Assistance - Real Property Acquisition Policy (Chapter 8.26 RCW).
Further, the revocation or other termination of this Permit shall not be deemed a taking by WSDOT under the laws of
eminent domain.
DOT Form 224-698 Page 6 of 6
Revised 09/2020