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CITY OF EVERETT
<br /> EVERETT Permit Services
<br /> WASHINGTON
<br /> • The photo requirements for the above listed inspection types are required for
<br /> projects extending less than 50LF within the right-of-way, unless otherwise noted
<br /> by the City Inspector.
<br /> • Photo requirements for projects extending more than 50LF within the right-of-way
<br /> will be specified in the Franchise Utility Permit conditions and/or by the inspector at
<br /> the job start notification.
<br /> • For emergency work, photo documentation will only be required for the pavement
<br /> subgrade and final restoration. Photos of existing conditions, COE Utility crossings,
<br /> and cold patch shall be provided if possible, but will not be required.
<br /> • Photo requirements that overlap with an inspection may be fulfilled or waived by
<br /> the City Inspector on a case-by-case basis.
<br /> 5. The Permittee agrees to, and hereby does release, indemnify and promise to defend and save harmless the
<br /> City, its officers, agents, and employees from any and all claims for damages, demands, or causes of action,
<br /> whether to persons or property, that in any manner directly or indirectly arise out of Permittee's use of the
<br /> City's rights-of-way pursuant to this Permit and upon notice to the Permittee, the Permittee shall accept and
<br /> defend the same at the sole cost of the Permittee and satisfy any judgment should such claim, demand or
<br /> cause of action be determined adversely to the City, its officers, employees, and agents. This obligation shall
<br /> not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the City,
<br /> its officers, employees, or agents; provided, that if the claims or damages are caused by or result from the
<br /> concurrent negligence of (a) the City, its officers, employees, or agents, and (b) the Permittee, its agents,
<br /> successors, or assigns,this indemnity provision shall be valid and enforceable to the extent of the negligence
<br /> of the Permittee, its agents, successors, or assigns. (For example, where the Permittee is 25% negligent, the
<br /> indemnification shall extend to 25%of the City's concurrent negligence.)
<br /> 6. The Permittee shall immediately restore and repair to current City standards all City rights-of-way, which are
<br /> in any way damaged by the Permittee. Permanent restoration shall be completed within two weeks, unless
<br /> otherwise stated on the Franchise Utility Permit. All work shall conform to the City of Everett Design and
<br /> Construction Standards and Specifications for Development, as adopted by EMC 13.76. The Permittee shall
<br /> comply with all laws and regulations when doing any work in the right-of-way pursuant to this permit.
<br /> Permittee acknowledges and agrees that a violation of this or any other utility construction permit issued
<br /> pursuant to EMC 13.32 may be enforced pursuant to EMC 1.20 — Enforcement Procedures. See EMC
<br /> 1.20.020.A.6. Failure to comply with the restoration requirements herein may result in the issuance of a
<br /> violation citation and may trigger the termination of this blanket utility permit per Section 8. This process
<br /> may include, but is not limited to the following actions:
<br /> a. The permit is valid for 180 days after permit issuance. Each inspection automatically extends the
<br /> expiration date by another 180 days. If a permit expires prior to permit final, an Expiration Notice
<br /> Letter will be sent to the Utility Company notifying the Utility Company to either request a permit
<br /> final if all work including permanent restoration has been completed or to request a permit
<br /> extension with a reason listed why the extension is needed and a scheduled date of permanent
<br /> restoration.
<br /> b. Failure to respond to the Expiration Notice Letter, notify the City of a scheduled restoration date, or
<br /> complete permanent restoration may result in a violation and the permit being turned over to the
<br /> City's Code Enforcement Division for enforcement.
<br /> i. Enforcement of the violation may result in a hearing before the City's violation hearing
<br /> examiner, a penalty for each violation, or both. Violations may be subject to a fine imposed
<br /> by the Hearing Examiner in an amount up to five-hundred dollars ($500.00) per violation for
<br /> first time violators, and up to a one-thousand dollar($1,000.00)fine per violation for repeat
<br /> violators, pursuant to EMC1.20.060.
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