On pages 27 through 33, replace Section 3-2 with the following:
3-2 Right-of-Way Permit Procedure
3-2.1 General
As discussed in Section 2-6, a Right-of-Way Permit is required for any party to perform work in City Rights-of-Way, except for those maintenance activities by a franchised utility that do not impede traffic or require ground disturbance. All Right-of-Way Permit applications shall be submitted though the city's online Permit Portal, https://ci-edgewood-wa.smartgovcommunity.com/Public/Home. A fee is charged for this permit pursuant to the City's Fee Schedule. If a road closure is required to perform the work, that request will be reviewed under the Right-of-Way Permit application and become a condition of approval. Other specific requirements for franchised utilities are covered under EMC § 1. Chapter
12.06.
3-2.2 Standard Procedures
Plans or drawings must be attached to the permit application, including the following information:
1. | All information requested on the permit application form, including a general description of the work to be performed and estimated working days to complete the work. |
2. | A plan of suitable scale showing the proposed work and its location relative to existing and proposed facilities and rights-of-way. |
3. | Where work is proposed within the roadway, traffic control plans stamped and signed by a Professional Engineer or Traffic Control Supervisor, and |
4. | Fee payment. |
The Engineer will review the plans with respect to location, the manner in which the facility is to be installed, and the measures to be taken to preserve safe and free flow of traffic, the structural integrity of the roadway, the ease of future road maintenance, and the appearance of the roadway. The Engineer may apply additional conditions to the permit to ensure the aforementioned measures are taken. In applying the conditions, the Engineer may take into account an applicant's history in complying with the policies and provisions of this document. Trenched construction involving pavement cutting and restoration, a history of failures to restore the trench with permanent surfacing as required, or a history of permanent patch failures within one year of installation may be cause for requiring untrenched construction.
The Engineer will also check the plans to see that they are consistent with the applicant's franchise (when applicable), applicable city construction plans, the Public Works Standards, and this document. The Engineer may require that the applicant make changes to the plans or supply additional information before issuing the Right-of-Way Permit.
No work may commence prior to permit approval by the Engineer. Although it is the department's goal to process most permit applications within 24 hours after their submittal, to assure adequate permit processing time, utilities are encouraged to submit Right-of-Way Permit applications at least one week before the proposed work is scheduled to start.
The permittee is required to notify the City at least one business day before any utility work begins. Notification may be made by telephone or email identifying the start date and the permit number. A copy of the permit and approved plan shall be available at the work site at all times.
The permittee shall keep the Engineer informed about the progress of the work and any major work items. If a Right-of-Way Permit project involves any trenching, the permittee shall notify the Engineer when the trench will be open so that the Engineer can observe the utility installation.
As soon as the permittee has completed the work, the permittee shall notify the Engineer, who will inspect the work location. The Rights-of-Way restoration shall conform to City standards, department policies and applicable state and federal laws, or the work will be rejected.
Section 3-2.3 Emergency Procedures
Occasionally, emergency work occurs when there is a sudden, unplanned interruption in service, and it is necessary to immediately restore service to ensure the health, welfare, or safety of the public.
Examples, without limitation, include a sudden discovery that a pipe is leaking, or an important utility has failed necessitating a road closure. While a permit is still required for all emergency work, a franchised utility can work in the Rights-of-Way without first obtaining a Right-of-Way Permit in cases of emergencies.
For all emergency work, upon learning of an emergency, the utility shall immediately notify the Engineer of the need for such repairs. After business hours and if conditions warrant, emergency work can be called in to the after-hours number for the Pierce County (253-798-6000), with a request to be contacted by the "Supervisor on call."
The utility shall coordinate work activities and restoration with the Engineer. The utility shall initiate emergency work as soon as possible and within the time specified by the Engineer and apply for appropriate permits within 48 hours after discovery of the emergency. While a Right-of-Way Permit is still required, no Right-of-Way permit fee will be charged for emergency work completed within one week of the incident.
The Utility shall confine its operations as much as possible to the non-traveled portion of the Rights-of-Way and shall exercise caution to protect the traveling public during such repairs. All provisions of section 2-3 must be complied with while performing emergency work.
Upon completion of the utility work, the permittee shall notify the Engineer, who will inspect the work location. The Rights-of-Way restoration shall conform to City standards, department policies and applicable state and federal laws, or the work will be rejected.
If a utility fails to complete the emergency work within the time prescribed above and to the Engineer's satisfaction, the Engineer may cause such work to be done and bill the cost of the work to the utility, including all costs and expenses incurred by the Engineer due to the utility's delay. In such event, the Engineer shall not be liable for any damage to any portion of the utility's system or appurtenances. Within 60 calendar days of receipt of an itemized list of those costs, the utility shall pay the City. In any event, if the utility fails to timely relocate, remove, replace, modify or disconnect their facilities and equipment, and that delay results in any delay damage accrued by or against the City, the utility will be liable for all documented costs of construction delays attributable to the utility's failure to timely act. The utility reserves the right to challenge any determination by the Engineer of costs for construction delays related to an alleged failure to act in accordance with this subsection.
3-2.4 Inspection After Hours.
An applicant may request inspections outside of normal department working hours through special permission from the Engineer. The applicant must agree in advance to reimburse the City for labor and expenses necessary to accommodate the request. All requests for working outside of normal department working hours must be submitted to the Engineer by email at permit@cityofedgewood.org at least one week before the anticipated start of work. The request must be made by an authorized representative of the permittee who can guarantee overtime payment for the inspection team and include the following information:
• | Permittee's representative(s) name and title |
• | Permittee's name and mailing address |
• | Right-of-Way Permit number |
• | After-Hours Work description, location, and timing |
• | Contact information for contractor performing work. |