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9. The Utility agrees that all Work shall be done to the satisfaction of WSDOT.All material and workmanship shall
<br /> conform to WSDOT's Standard Specifications for Road, Bridge, and Municipal Construction, current edition, and
<br /> amendments thereto, and shall be subject to WSDOT inspection.All WSDOT acceptance and inspections are solely
<br /> for the benefit of WSDOT and not for the benefit of the Utility, the Utility's contractor(if any), or any third party. The
<br /> Utility agrees that it shall pay all WSDOT inspection costs in accordance with general provision 2.
<br /> 10. The Utility shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways (Federal
<br /> Highway Administration) and the State of Washington modifications thereto (chapter 468-95 WAC)while it performs
<br /> the Work. If WSDOT requires, the Utiltiy shall submit a signing and traffic control plan to WSDOT's representative
<br /> for approval prior to construction or maintenance Work. No lane closures shall be allowed except as approved by
<br /> WSDOT's representative. Approvals may cause revision of Special Provisions of this Permit or Franchise, including
<br /> hours of operation.
<br /> 11. This Permit or Franchise may not be amended or modified without WSDOT's prior review and approval.
<br /> Upon completion of the Work, the Utility shall provide a written notice of completion of the Work to WSDOT's
<br /> representative within ten (10) calendar days of the completion of the Work so that WSDOT may make its final
<br /> inspection. Further, the Utility shall provide the Region Utilities Engineer with detailed as-built drawings within ninety
<br /> (90) calendar days of Work completion, if the originally approved Permit or Franchise construction plans have been
<br /> revised during the course of construction.
<br /> 12. If WSDOT, at its sole discretion, shall determine that any or all of the Utility's facilities must be modified, removed
<br /> from, or relocated within the state-owned highway right of way as necessary, incidental, or convenient for the
<br /> construction, alteration, improvement, repair, relocation, or maintenance of the state highway, or for the safety of
<br /> the traveling public, the Utility, its successors and assigns, shall, at its sole cost and expense, upon written notice
<br /> by WSDOT, modify, relocate, or remove any or all of its facilities within or from the state-owned highway right of
<br /> way as required by WSDOT. The Utility shall perform in a timely manner all facility modifications, relocations, and/or
<br /> removals as WSDOT directs, to avoid highway project impacts or delays and in such manner as will cause the least
<br /> disruption of traffic or interference with WSDOT's continued operation and/or maintenance of the highway.
<br /> 13. Should the Utility fail or refuse to comply with WSDOT's direction, pursuant to general provision 12, to modify,
<br /> remove, or relocate any Utility facility, WSDOT may undertake and perform any modification, removal, or relocation
<br /> of the Utility facility that WSDOT, in its sole discretion, deems necessary. The Utility agrees to pay WSDOT's
<br /> expended costs and expenses for performing the work, in accordance with general provision 2.
<br /> 14. If WSDOT determines in good faith that emergency maintenance work on the Utility's facility is needed to (a) protect
<br /> any aspect of the state highway right of way, or(b) secure the safety of the traveling public due to a failure of the
<br /> Utility's facility, WSDOT may perform the necessary work without the Utility's prior approval, and the Utility agrees
<br /> to pay WSDOT's expended costs and expenses for performing the work in accordance with general provision 2.
<br /> WSDOT will notify the Utility of the emergency work performed as soon as practicable.
<br /> 15. WSDOT may amend, revoke, or cancel this Permit or Franchise at any time by giving written notice to the Utility. If
<br /> the Permit or Franchise is amended, the Utility will have thirty(30) calendar days to modify the facility as the Permit
<br /> or Franchise amendment(s) require. If the facility modifications cannot be made within thirty (30) calendar days,
<br /> the Utility shall respond to WSDOT, in writing, as to when the facility modifications can be made. If the Permit or
<br /> Franchise is revoked or canceled, the Utility shall immediately remove all facilities from the right of way.Any facilities
<br /> remaining upon the right of way thirty (30) calendar days after written notice of Permit or Franchise revocation or
<br /> cancellation may be removed by WSDOT at the expense of the Utility. The Utility agrees to pay WSDOT's expended
<br /> costs and expenses for performing the work in accordance with general provision 2.
<br /> 16. Should the Utility breach any of the conditions and requirements of this Permit or Franchise, or should the Utility fail
<br /> to proceed with due diligence and in good faith with the Work as authorized by this Permit or Franchise, WSDOT
<br /> may cancel or revoke the Permit or Franchise upon thirty (30)calendar days written notice to the Utility.
<br /> 17. The Utility shall not excavate or place any obstacle within the state-owned highway right of way in such a manner as
<br /> to interfere with WSDOT's construction, operation, and maintenance of the state- owned highway right of way or the
<br /> public's travel thereon without first receiving WSDOT's written authorization.
<br /> 18. The Utility agrees to maintain, at its sole expense, its facilities authorized by this Permit or Franchise in a condition
<br /> satisfactory to WSDOT.
<br /> 19. The Utility agrees that it is financially responsible to WSDOT for all necessary expenses incurred in inspecting the
<br /> construction and restoring the highway pavement or related transportation equipment or facilities to a permanent
<br /> condition suitable for travel as determined by WSDOT, as well as financially responsible to WSDOT for trenching
<br /> DOT Form 224-696 GP
<br /> Revised 06/2019
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