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ORD 19-870ORDINANCE NO. 19-870 AN ORDINANCE of the City of Federal Way, Washington, relating to bonding and insurance requirements for limited right-of-way use permits; amending FWRC 4.25.090 and 4.25.100. (Amending Ordinance No. 90-50) WHEREAS, the City of Federal Way ("City") issues permits for outside agencies, utilities, private contractors, and property owners to occupy and construct within City rights-of-way; and WHEREAS, it is in the public's best interest for the City to protect its right-of-way by ensuring rights-of-way are restored to an equal or better condition, workmanship is warrantied for failure, and insurance is maintained to cover damages related to permit -holders' activities; and WHEREAS, bonding and insurance requirements should be reasonable, straight forward, and commensurate with the value of the work being completed and the associated risk; and WHEREAS, limited right-of-way use permits often involve low-risk projects that do not require robust bonding and insurance requirements; and WHEREAS, flexibility in bonding and insurance requirements for such limited right -of way use permits would enable the City to protect the public interest while also streamlining the permit process for applicants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 4.25.090 is hereby amended to read as follows: 4.25.090 Limited right-of-way use permit. (1) Upon filing of a complete application, payment of the fee, providing the required insurance, and posting of the required bond for restoration of the right-of-way, the city may issue a Ordinance No. 19-870 Page I of 6 limited right-of-way use permit authorizing the use of city road right-of-way, for use by designated private parties for a specific use and duration. (2) The limited use permit may require construction and restoration of the right-of-way to adopted standards based on the nature and duration of the specific use, and subject to inspection. In addition, conditions may be imposed to assure the compliance with city plans, policies, standards and regulations. Such conditions may require performance in excess of adopted road standards. (3) The permit applicant may be required to post bond payable to the city in amounts determined by the public works director, unless otherwise required through the permit applicant's franchise agreement or other requirements in the FWRC or state _law, dir- ,, ter- based en Cs,f nt 19.25 FWRG which: (a) Guarantee construction and maintenance of the roadway, drainage and retention/detention facilities in compliance with adopted standards; and (b) Guarantee restoration of the right-of-way to a condition consistent with the right-of-way use permit including blocking of access to the right-of-way at the expiration of the permit period..; and (c) Is in a form approved by the city attorney, and with a surety approved, conditioned that the permittee will kegp and save harmless the city from any and all claims loss costs expenses, and damage it caused by the work performed by the permit applicant under the authority of said right-of- w3y Use 1ernlit; and (d) Shall run for the full period of the permit and may be required by the director for a period of one 1 year after the acccl2tance of the permitted work by the city. Ordinance No. 19-870 Page 2 of 6 (-l) SLiNect (,QI loffier requirements for insurance set forth ii) this chapter, the director nay require. an '11)p i _,lnt to procure and maintain in full force and effect tit)] is liability insurance llanii the city of Federal Way as additional insured in an amount sufficient to cover . otential claims for bodily injury, death, or disability, property damage, and when appropriate, as determined by the director, products and/or completed operations that may arise from or in connection with the permit. The director shall establish the amount of such insurance, and a certificate of insurance shall be pirovidcd to the city for review prior to issuance of the permit. (45) The permit applicant shall assume sole responsibility for the safe and adequate operation and maintenance of any improvements to the city right-of-way during the period of time the permit is in effect. (7�6) The permit applicant may apply for one extension for up to one year to the limited right- of-way use permit upon written application for an extension, payment of the fees, and being found to have fully complied with the conditions and requirements of the original permit. The application for extension may only be made after the first six months of the original permit life. Section 2. FWRC 4.25. 100 is hereby amended to read as follows: 4.25.100 Extended right-of-way use permit. (1) Upon filing of a complete application and payment of fee, the public works director may issue a permit authorizing the use of the city right-of-way for a designated use which is revocable at the discretion of the city upon six months' notice. (2) The extended right-of-way use permit applicant may be required to construct a road to specific standards which may include full compliance with adopted city road standards, and maybe required to post bonds for construction, restoration and maintenance based oii current bondi Ordinance No. 19-870 Page 3 of 6 requirements schedules M Cliapter 19.25 FWRC. Construction work and all restoration work required by the permit shall be completed within one year of the permit's issuance. In addition, the city may set conditions to assure compliance of the permit with other adopted plans, city policies and regulations. (3) The department of public works shall place and maintain permanent signs denoting the end of the city -maintained road. (4) The permit applicant shall have sole responsibility for the safe construction, operation and maintenance of any improvements to the city right-of-way pursuant to the permit, until such time as the improvements are officially accepted for maintenance by the city. (5) The permit applicant may be required to record a covenant running with the land and for the benefit of the city, which contains: (a) A legal description of the lot or parcel to be served by the right-of-way use permit, limited or extended; (b) A statement indicating that access to such parcel is across an unmaintained city right-of- way, that the city is not responsible for maintenance of the right-of-way and that responsibility for maintenance of the road rests jointly and equitably upon all permit holders; (c) A statement that the owner of the parcel will not oppose participation in a city road improvement district, if formation of such a district is deemed necessary by the city; (d) A prohibition against subdividing such parcel without obtaining either plat or short plat approval therefor, or if exempt from platting, a right-of-way use permit for the additional lots being created; Ordinance No. 19-870 Page 4 of 6 (e) A statement that the right-of-way use permit covenant is binding on the successors and assigns of the owner; and (f) The acknowledged signature of the owner of such parcel. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 4th day of June, 2019. [Signature page follows] Ordinance No. 19-870 Page 5 of 6 ATTEST: CITY OF FEDERAL WAY: �rFEOHANM COURTNE , CMC, CITY CLERK APPROVED AS TO FORM: OEM J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 05/15/2019 PASSED BY THE CITY COUNCIL: 06/04/2019 PUBLISHED: 06/07/2019 EFFECTIVE DATE: 07/07/2019 ORDINANCE NO.: 19-870 Ordinance No. 19-870 Page 6 of 6