KANSAS DEPARTMENT OF TRANSPORTATION

Bureau of Construction and Maintenance

HIGHWAY PERMIT

FOR HIGHWAY ACCESS

THIS PERMIT, made and entered into, by and between the Secretary of Transportation of the State of Kansas, hereinafter referred to

as the “Secretary” and

(Name of Owner or Agent for the Owner)	(Telephone Number)

(Street)
(City)
(State)
(Zip)
hereinafter referred to as the “Petitioner” and the City of	hereinafter referred to as the “City”.

(If not applicable, enter N/A)

WHEREAS, the Secretary has jurisdiction over highway right-of-way within the State Highway System of Kansas, and

WHEREAS, the Secretary (and City) believe it is in the interest of the Citizens of the State of Kansas to permit certain work or projects to be performed upon Highway right-of-ways for access for a specific property usage and access type, and

WHEREAS, the Petitioner understands that their specific point of access may be modified or withdrawn as long as reasonable access is afforded.

WHEREAS, the Petitioner requests permission and authority from the Secretary (and City) to perform certain work, described as follows:

Said work is located on public right-of-way in, upon or along State Highway Route	, Reference Point	(or City Connecting

Link Route	on	St.) in Sec.	TWP.	Range	,	County,

Miles (km)	(direction) from	(City of Jct.), and

Access Types:	1 (,	2 (,	3 (,	4 (,	5 (,	6 (	(Select one)	As defined herein:

Access Types 1 through 4 are LOW VOLUME (MINIMUM USE), 0-49 VPD, maximum two-way access traffic count.

Type 1:	Non-commercial: Residential, field, duplex, or small apartment complex

Type 2:	Special-use: Treatment plant, microwave station, utilities maintenance stations and dike roads.

Type 3:	Fire station and/or paramedic emergency facility.

Type 4:	Commercial: Farm or residential property that sells a product or service, including seed, hay, hogs, cattle, etc., which generates less than 10 two-way vehicular movements during the peak hour of the facility or the highway.

Type 5:	MEDIUM VOLUME: 50-99 VPD and/or less than 50 vehicles per peak hour of the driveway (two-way vehicular traffic counts).

Type 6:	HIGH VOLUME: 500 VPD and over and/or 50 vehicles per peak hour of the driveway or more (two-way vehicular traffic counts).

WHEREAS, the Secretary has delegated full and complete authority to the District Engineers of the Kansas Department of Transportation (KDOT) to execute Highway Permits, hereinafter referred to as “Permits”, for and on the Secretary’s behalf.

NOW THEREFORE, in consideration of the permission granted hereunder by the Secretary (and City) to utilize Highway right-of-ways in the manner described above, the following terms and conditions are mutually agreed to by the Petitioner, the Secretary (and the City).

Duration of Permit:

The Owner or their designated Agent agrees that the “Access Type” will remain as indicated on this form and obtain a new permit when the “Access Type” or “Property Usage” changes. The Owner or their designated Agent agrees to incur all costs associated with revising the access to a higher or lower “Type”, for a different “Access Type” or “Usage” when the change is required.

1.0 PLANS: Petitioner shall furnish five (5) sets of comprehensive plans or sketches 8½” x 11” or larger of the proposed work which include a description of the location of the driveway, surface material and provisions for drainage structures..

1.1 An accurate “As Built” Construction Plan shall be provided for deviation from the approved Plan.

2.0 MATERIAL AND METHODS: All requests to perform work in, upon or along Highway right-of-ways must be approved by the District Engineer (and City). In Cities the Petitioner will obtain additional Permits, as required by the City.

2.1 The Petitioner shall furnish all materials, do all work and pay all costs for the work described on this Permit.

2.2 All driveway installations shall comply with the conditions and requirements of the KDOT Corridor Management Policy, current edition, (and City standards when they exceed those of the KDOT).

2.3 Drainage structure requirements shall be determined by the Petitioner, but said requirements are subject to review and approval by the District Engineer (and City).

2.4 Commercial driveways shall be surfaced with concrete or asphalt as specified by the KDOT (and City)

2.5 All materials and construction methods used on work within the limits of the right-of-way shall be equal to or better than that required by the “Standard Specifications for State Road and Bridge Construction,” current edition.

3.0 INITIATION AND COMPLETION OF WORK: Petitioner agrees to notify the District Engineer (and City) or their duly authorized

representative	before work is initiated and again when the work is completed.

3.1 An approved signed copy of the Permit shall be on the premises before and during the period any work is performed.

3.2 All work, including right-of-way restoration, shall be completed within	calendar days of APPROVAL DATE; otherwise, this Permit is rescinded. If work has not been started within the completion time, this Permit becomes null and void.

4.0 INSPECTION: The Petitioner will be responsible for supervising construction to insure compliance with KDOT (and City) policies and standards.

5.0 ACCEPTANCE: (Check one) KDOT ( City ( will be responsible for acceptance of restored right-of-way.

6.0 RIGHT-OF-WAY: Except for authorized changes, Petitioner agrees to restore said right-of-way to a condition equal to or better than existed prior to approval of the work described on this Permit.

6.1 Any sod, shrubs or trees destroyed by this work shall be replaced as directed by the District Engineer (and City).

6.2 The right-of-way shall be kept free from parking, advertising signs or any other commercial activity.

7.0 OBSTRUCTION OF TRAFFIC: Petitioner agrees that highway (and connecting link) traffic will be free of interference unless specifically provided for as a part of the Permit. Traffic protection shall be in accordance with the “Manual on Uniform Traffic Control Devices”, current edition.

8.0 BOND WAIVED: In lieu of bond, Petitioner agrees that the Secretary may revoke the permit and remove any work performed. The Petitioner agrees to reimburse the Secretary for any cost incurred by the Secretary to restore the right-of-way. The Secretary will not authorize any other highway permits until the Petitioner has either reimbursed the Secretary or restored the right-or-way.

9.0 LIABILITY: The Petitioner, his successor, or assigns, shall assume all risk and liability for accidents and damages that may occur to persons, or property on account of this work, and shall indemnify and hold the Secretary harmless from any and all costs, liabilities, expenses, suits, judgements, or damages to persons or property or claims of any nature whatsoever arising out of or in connection with this Permit, or the operation and performance thereunder by the Petitioner, their agents, employees, or subcontractors.

10.0 INSURANCE: The Petitioner shall provide insurance and shall furnish a Certificate of Insurance indicating the following coverage:

A. Comprehensive Liability: Bodily injury and property damage for which the Contractor is responsible with limits of $250,000 per person and $500,000 per occurrence,

B. Workman’s Compensations: $100,000 to cover claims of the Contractor and the contractor’s employees.

10.1 ( Check if no liability insurance required.

10.2 Insurance as herein required shall be maintained in force until final release of the Petitioner by the District Engineer (and City). The insurance documents shall include a clause requiring the insurer to notify the Secretary ten (10) days in advance of any cancellation or change in insurance contracts.

11.0 HIGHWAY INPROVEMENTS AND/OR MAINTENANCE: In the event the Secretary deems it necessary or proper to make any alteration or improvement along or upon the highway right-of-way which is the subject of this Permit, the Petitioner agrees to hold the Secretary harmless for any and all damage or injury to said Petitioner’s facilities, whether finished or unfinished, as well as damage or injury to Petitioner’s equipment, materials, employees, agents, or contractees. The Petitioner further agrees that the work approved on this permit will be conducted in such a manner as not to interfere with the construction or other work being performed by the KDOT (or City) or its contractors in the vicinity of the Petitioner’s work or projects.

11.1 The Petitioner agrees, that within a reasonable time after receiving written notice from the Secretary that Petitioner’s facilities are in conflict with KDOT new construction or major maintenance operations, to alter, change location or move their construction work or facilities without cost or expense to the Secretary.

11.2 It is further agreed that written notice will not be required for KDOT normal maintenance such as sign installation or replacement, cleaning existing ditches and channels, etc. whether planned or not.

12.0 SNOW REMOVAL: The Petitioner understands and agrees that the KDOT (or City) does not assume any responsibility for the removal or clearance of snow, ice or sleet, or the opening of windrowed by authorized representatives engaged in normal winter maintenance operations.

13.0 ABANDONED OR RETIRED IN PLACE: The Petitioner agrees to notify the Secretary when the permit work has been abandoned or retired in place and to be responsible for all cost associated with removal of abandoned or retired in place upon highway right-of-way.

This Permit is hereby accepted and its provisions agreed to by the parties hereto.

APPROVED:	PETITIONER:

CITY OF

(when applicable)
( Mayor ( City Manager ( City Engineer
City Clerk

Owner
Street Address	City, State, Zip Code
( Agent ( Lessee ( Contractor

Street Address	City, State, Zip Code

RECOMMENDED BY:

( Area/Metro Engr.	( Area Supt.	( Utility Coord.	Telephone Number

PERMIT APPROVAL DATE:	BY:

District Engineer

Rev. 4-97	D.O.T. Form No. 309

Const/Maint

Petitioner

District

Area

City or Subarea

Permit No.

Route

Route Class [A, B, C, D, OR E]

County

Dist. Plan (	State Hwy.(

City Conn. Link	(

City

SECRETARY OF TRANSPORTATION

OF THE STATE OF KANSAS

KDOT Form 309 Permit for Highway Access

J. William Lay

1999-07-12

Joe Archer

kdot