Application To Perform Work On City Road Right-Of-Way Form - City Of Westport (Page 2 of 3) in pdf

INSTRUCTIONS FOR APPLICANTS

Applicants for permits to occupy City property with utilities, or holders of granted franchise rights contemplating work upon, along, over, under or across any

City road, bridge, wharf, trestle, public place, street, avenue or alley on property in the City shall first file with the City Engineer, his or their application to do

such work.

Such applicants shall be triplicate and accompanied by drawings, also in triplicate if required by the City Engineer. Drawings shall be to working scale,

showing position and location of work, names or numbers and width of roads, streets etc., showing their location in plats or subdivisions of sections, township

and range, showing the relative position of such work to existing utilities, constructed, laid, installed or erected upon such roads, streets or public places.

The applicant shall specify the type of construction by submitting plans showing the class of material and the manner in which the work is to be accomplished.

All such materials and equipment shall be of the highest quality and the manner of excavation, fills, construction, installation, erection of temporary structures,

traffic turnouts, road obstruction, barricades, etc., shall meet with provisions of the City of Westport/State RCW’s and WAC’s and shall require approval by the

City Engineer. Signing, barricades and traffic control in the vicinity of the work shall strictly conform to provisions of “The Manual on Uniform Traffic

Control Devices for Streets and Highways”. The applicant shall pay to the City all costs of and expenses incurred in the examination, inspection and

supervision of such work on account of the granting of said permits.

The actual location of the work to be done under this permit, it’s depth below or above surface or grade of any City structure, road, street, avenue, alley or

public place shall be approved by the City Engineer before any work shall be done by the petitioner.

PERMIT CONDITIONS

The petitioner, designated herein as the “grantee,” his successors and assigns, shall have the right and authority to enter upon the right of way of the

City road, street, alley, public place or structure as indicated on the front of this for the purpose of doing such work as applied for and approved by

the City Engineer.

The location, type of work, materials and equipment used, manner of erection or construction, safeguarding of public traffic during work or after

doing same, mode of operation and manner of maintenance of project petitioned for, shall be approved by the City Engineer prior to start of work and

shall be subject to the inspection of the County Engineer so as to assure proper compliance with the terms of this permit.

The grantee shall commence work within 30 days after the granting of this permit. If, at the end of six (6) months after date of granting same, the

grantee shall have not completed the installation, then the rights herein conferred shall cease and terminate.

The grantee shall leave all roads, streets, alleys, public places and structures after installation and operation or removal of utility, in as good and safe

a condition in all respects as same were in before commencement of work by grantee.

In case of any damage to any roads, streets, public places, structures or public property of any king on account of said work by the grantee, he will at

once repair said damage at his own sole cost and expense.

The City Engineer, his agents or representatives may do, order, or have done any and all work considered necessary to restore to a safe condition any

street, alley, public place or structure which is in a condition dangerous to a life or property resulting from the grantee’s facility or it’s installation as

permitted herein and upon demand the grantee shall pay to the City all costs of such work and material.

If at any time the City deems it advisable to widen, grade, regarded, plant, pave, improve, alter or repair any road, street, public place or structure, the

grantee, upon written notice by the City Engineer, his representatives or agents, will at his own sole cost and expense, raise, lower, change, move or

reconstruct such installations to conform to the plans of work contemplated or ordered by the City.

If, upon written notice by the City Engineer, the grantee fails to relocate any portion or the entire project as granted under this permit, the City, it’s

agents or representatives may do any work at the cost and expense of the grantee and all costs to remove or reconstruct same, shall be born by the

grantee.

All such changes, reconstruction or relocation by the grantee shall be done in such manner as will cause the least interference with any of the City’s

work and shall be subject to the same provisions which control an original installation. The City shall in no wise be held liable for any damage to the

grantee by reason of any such work by the City, it’s agents or representatives, or by the exercise of any rights by the City upon roads, streets, public

places or structures in question. The grantee shall have twenty-four (24) hours written notice by the City Engineer or his representatives or agents of

any blasting contiguous to the grantee’s permit rights in order that he may protect his interests.

10. This grant or privilege shall not be deemed or held to be an exclusive franchise, nor prohibit the City from granting other permits or franchise rights

of like or other nature to other public or private utilities, nor shall it prevent the City from using any of its roads, streets, public places for any and all

public use, or affect its jurisdiction over all or any part of them.

11. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the grantee and all

privileges of the grantee shall insure to such successors and assigns as if they were specifically mentioned.

12. The City Engineer may revoke, annul or terminate this permit if grantee fails to comply with any or all of its provisions, requirements or regulations

as herein set fourth or through willful or unreasonable neglect, fails to head or comply with notices given him or if the work herein permitted is not

installed or operated and maintained in conformity herewith or at all.

13. The City Council Commissioners may at any time, change, amend, modify, amplify or terminate any of the conditions here in ENUMERATED SO

AS TO CONFORM TO ANY STATE STATUTE OR city regulation pertaining to the public welfare, safety, health or highway regulations as are, or

may hereinafter by enacted, adopted or amended etc. The Board may terminate this permit if grantee fails to comply with any such changes.

14. Grantee, by accepting this permit, agrees to notify and check with all utilities regarding their installations before commencing work, together with

private property owners when such property is liable to injury or damage through the performance of such work and the grantee shall make all

necessary arrangements relative to the protection of such property and/or utilities.

15. In accepting this permit, the grantee, his successors and assigns, agrees to protect and hold harmless the City from all claims, actions or damages of

every kind and description which may accrue to or be suffered by any person or persons, corporation or property by reason of the performance of any

such work, character of materials used or manner of installation, maintenance and operation or by the improper occupancy of rights-of-way or public

place or public structure and in case any such suit or action is brought against said City for damages arising out of or by reason of any of the above

causes, the grantee, his successors or assigns, will upon notice to him or them or commencement of such action defend the same at his or their sole

cost and expense and will fully satisfy and judgment or award.