2223_00001ORDINANCE NO.2223
AN ORDINANCEAMENDINGCHAPTER 12.16 OF THE MOSESLAKEMUNICIPAL
CODE ENTITLED"STREET AND UTILITYCONSTRUCTION PERMITS"
THE CITYCOUNCIL OF THE CITYOF MOSES LAKE,WASHINGTONDO ORDAIN AS FOLLOWS:
Section 1.Chapter 12.16 oftheMoses Lake MunicipalCode entitled "Street and UtilityConstructionPerrnits"
is amended as follows:
12.16.010 Permit Required:Itis unlawfulfor anyperson,firm,orcorporationto obstruct,construct,or disturbexistingorproposedmunicipalimprovementswithoutfirsthavingobtainedaStreetandUtility
Construction Permit.However,some exceptions toa required permit are provided for in Sections12.08.020 and 12.12.062 of theMoses Lake Municipal Code.
12.16.020 Permit -Terms and Conditions:The MunicipalServicesDirectorisauthorizedtoreviewStreetand
UtilityConstructionPermit Applications and toapprove Street and UtilityConstruction Permits.
A.The applicantfor a Street and UtilityConstructionPermit shall provide the Engineer with
information aboutthe proposal toconstruct,obstruct,or disturb municipal improvements.The
information shall provide a description of the proposed work or acts to be done under such
permits andshallshowthe location and plan ofthe work along with alltrafficcontrol and other
pertinent information thatthe Engineer requests about the project.The Engineer may require
civilengineering plans to be provided by a professional engineer.
B.The Engineer may issue a Street and Utility Construction Permit upon approval of theapplicationanduponverificationofthefollowingthree(3)items when required.
1.Washington State Contractor registration.
2.Street and UtilityConstructionBond.
3.City of Moses Lake Business License.
For exöeptions tothese three items,refer tosections 12,16.070 and 12.16.075 oftheMosesLakeMunicipalCode.
C.The permit and application shall include the length of timeallowed for the completion oftheworkandadescriptionoftheworkthatisbeingapprovedbythepermit.The permit and
application shall include information about the contractor registration,Street and Utility
Construction bond,and city business license,The applicantshallsign the permit afterit has
beenapproved bytheEngineer.Bysigningthepermit,the applicantguarantees thefollowing.
1.AIIexistingandproposed municipal improvements thatare affected bythe permittee'sworkshallbeconstructedorreconstructedinaccordancewiththeCommunítyStreetandUtilityStandardsorpertheapprovedconstructionplans.
2.Allwork willbe completed and accepted within the timeallowed by the permit
3.AIIdisturbances willbe reconstructed in accordance with the conditions stated on thepermit.
4.All expenses required to fulfillthe conditionsof the permit shall be the liability of thepermittee.
5.Allwork shall be subject to thedirection ofthe Engineer untilthe permit requirements havebeencompletelyfulfilled.
6.The Engineer will be allowed to inspect all phases ofthework.
D.At the expiration of thetime fixed by a Street and UtilityConstructionpermit,or upon thecompletionoftheworkallowedtobedoneundersuchpermit,the Engineer shallhavetherighttohavealladditionalworkperformedasnecessarytorestoretheconstructionareatoaOconditioncompliantwiththepermitconditions.The permittee shall be liable for all expensesrequiredforcompletionofadditionalwork.Moreover,the cityshall have a cause ofaction forallofthecity's expenses and costs paid out upon the additional work.The city'scosts maybecollectedinacivilactioninanycourtofcompetentjurisdiction.
E.The permittee's signature on the permit guarantees that allwork that is performed under thepermitshallmeetallconditionsofthepermitforaperiodofone(1)year after the work hasbeenaccepted.Nothing inthischapter precludes thepermitteefrom being liable foralldefectsinmaterialorworkmanshipthatarediscoveredbeyondtheone(1)year maintenance period.
F.If municipal improvements are installed where none were existing,the work shall not beconsideredcompleteuntiltheCityCouncilacceptstheimprovements.
Ordinance No.2223
Page 2
12.16.030 Road Closures:The Engineer may allow roads to be closed during construction;however,thepermitteeshallprovideroadaccesstoemergencytrafficsuchaspolice,fire,and emergency units
at all times.Additionally,access tocommercial property shall not be blocked for more than four
(4)consecutive hours,and access toresidentialproperty shallnotbe blocked for morethaneight
(8)consecutive hours.The permittee shall notify the Multi-Agency Communications Center
(MACC,509-762-1160)priortoclosinganystreetandimmediately upon reopening a closed street.
The permittee shall also coordinate all construction activities with the schooldistrict,post office,
disposal firms,and other servicesthat operate in the project area.The permittee shall be liable
for all damages that result from failure toprovide reasonable notice,access,or coordination.All
road closures shall be in accordance with Section 12.16.080 ofthe Moses Lake Municipal Code.
12.16.040 Inspection Fees:Permit fees are required after the permit has been approved.The permit fees
are two and one half percent (2.5%)of thecost ofall construction that willbe inspected by the
Engineer,but no less than twenty-fivedollars ($25).
12.16.060 Insurance MayBe Reguired:The Engineer may require a comprehensive liabilityinsurance policy
for bodily injury,death,and property damage prior to issuance of a permit,if the Engineer
determines that the work allowed by the permit could cause adverse damage to improvements
beyond the scope of the permit or that bodily injury or death is ofelevated concern for the project
permitted.AIIrequired policies shall be per limitsspecified bythe Engineer.When insurance is
required,the permittee shall deliver a certificate ofinsurance tothe CityAttorney forapproval prior
to issuance ofthe permit The policyshall indemnify and hold the cityharmless from allclaims for
injury,death,orproperty damage in connection with the work forwhich the permit is issued.The
policy shall contain verbiage such that the policy cannot be canceled or reduced until after a
minimum of ten(10)days written notice ofsaid cancellationor reduction has been provided to the
city.AIIrequired insurance policies shall include thefollowingendorsement:"The City of Moses
Lake is an Additional Insured as pertains to the project."The endorsement willinclude Form B,
Additional insured -owners,lessees,or contractors-or equivalent.
12.16.070 IB_on_d:Allpermits require a Street and UtilityConstruction Bond inthe amountof one hundred fifty
percent (150%)ofthecost to replaceexistingimprovements thatmaybe disturbed as allowed by
the Street and UtilityConstruction Permit,but no bond shall be approved for less than ten
thousand dollars ($10,000).However,a bond is not required for permits thatare issued toa legal
property ownerfor sidewalk repairs or replacementsthat abut the legal property owner's property.
The bond shallbe on forms provided by the city and shallbe reviewed and approved by the City
Attorney prior to issuance of the permit.
A.The bond shall contain the followingdeclarations:
1.The bond guarantees that all persons who have provided or will provide labor and
materials for theproject willbe paid by the permittee.
2.The bond guarantees allmunicipalimprovements shall be constructed orreconstructedto
original or better condition in accordance with the permit requirements.
3.The bond guarantees all work shall be completed within the timespecified by the permit.
4.The bond guarantees alldefects inworkmanship or material thatare discovered withinone
(1)year after the workis accepted by the city shallbe repaired or reconstructed to the
satisfaction of the Engineer.
B.The aforesaidbond initiallyshall be for a period of one (1)year and shall automatically renew
each year unless noticeof non-renewal is provided to the city.The obligation of such bond
shall survive its cancellation orexpirationfor a period of one (1)year afteracceptance by the
city of all work for which such bond is given.
C.Whenever the Engineer determines that the amount of a bond is insufficient for additional
permits,the Engineer may require a new or additionalbond from the permittee.AIInew or
additional bonds shall be in accordance with theaforementioned requirements.
12.16.075 Contractor Registration and City Business License are Required:The permittee shall provide
current verification that they possess a Washington State Contractor Registration and City of
Moses Lake business license before applyingfora permit.However,when a permit is issued to
a legal property owner for sidewalk repairs or replacements on property that abuts property that
is owned by thepermittee,a Washington State Contractor's Registration anda Cityof Moses Lake
business license are not required.Furthermore,allworkthatis outside ofthe Cityof Moses Lake
shall not require a city business license.
12.16.080 Traffic Control Required of Permittee:By signing the permit,the permittee guarantees that all
requiredtrafficcontrol shallbe set up as required by the Engineer,and the permittee guarantees
that all trafficcontrol shall be installed and maintainedin accordance with the Manual of Uniform
TrafficControl Devices.Alltrafficcontrol proposals shall be submitted to the Engineer for review
priortotheiruse in thefield.The Engineer may requiretrafficcontrolplans tobe stamped by a
professional engineer priortoapproval of trafficcontrolplans.The city assumes no liabilityfor
trafficcontrolthat has been set by the permittee;moreover,by signing the permit,the permittee
assumes fullliabilityfor alltrafficcontrol.
Ordinance 2223
Page 3
12.16.100 Delinquent Fees -Refusal of Permit:No permit shall be issued to anyperson,firm,or corporationwhoiseitherdelinquentinthepaymentofanyfeesorchargesthatareowedtothecityorwhorefusesorneglectstocomplywithanyoftheprovisionsofthischapter.The Engineer may revokeanypermitforreasonsofnon-compliancewith thischapter,and the pe mittee shall have norecourseforsaidactionoftheEngineerrevokingapermit.
12.16.110 Deviations:The City Council may grant a deviation to thestandards setforth in thischapter uponthefindingsthatthegrantingofadeviationisinthebestinterestandwelfareofthecommunity.
12.16.120 Violation -Penalty:Any person,firm,or corporation who violates or fails to comply with theprovisionsofthischaptershallberesponsibleforallliabilityresultingfromtheiractionsortheomissionoftheiractions,and they shall make fullrestitution to thecityofalldirect and indirectcosts,expenses,and damages.Itis further provided thatthe same person,firm,or corporationwhoengageinsaidconductshallbedeemedtohavecommittedacivilinfractionsubjecttoaC-3penaltyasprovidedinthiscode.
Section 2.This ordinance shall take effect and be inforce five (5)days after its passage and publication ofitssummaryasprovidedbylaw.
Adopted by the City Council and signed by its May
ATTEST:Ronald Ö.Covey,Mayqr
MnaldR.Cone,Finance Director
ED AS F
Jalnes A.WhitaRer,City AttorneyO
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