Right of Way Permit Bond - City of Snohomish, WA in Washington

Brief Summary

Snohomish does not publish a single bond figure for right of way work. The bond is sized to your job, at the engineer's estimated cost plus 50 percent, and it is filed with the City Treasurer before the permit issues. Bring a stamped estimate and the bond can be written against it the same day.

The City of Snohomish requires a performance guarantee before it issues a right of way use permit under Snohomish Municipal Code 12.12.140. The code adopts the City Engineering Design and Construction Standards, which set the performance guarantee at the estimated cost of the work plus 50 percent. The bond or cash deposit is made with the City Treasurer and also guarantees excavation and street restoration against settling and defects for up to two years after the City accepts the work.

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How to Apply for a Right of Way Permit Bond:

• Have a licensed engineer prepare a cost estimate from the approved plans.
• Add 50 percent to the estimate to set the performance bond amount.
• Get the City's guarantee form from the Public Works Department.
• Obtain a certificate of commercial general liability insurance naming the City.
• Deposit the executed bond with the City Treasurer before the permit issues.
• Post the 15 percent warranty guarantee before the City releases the performance bond.

Detailed Information About the Washington Right of Way Permit Bond:

How the bond amount is set

SMC 12.12.140 says no right of way use permit may be issued until the applicant satisfies the performance and warranty guarantee conditions in the City Design and Construction Standards. Section 1-6.1 of those standards sets the performance guarantee at estimated cost plus 50 percent for street and alley work, public utilities, and drainage facilities on properties of one acre or more. The estimate must be prepared by a licensed engineer from the approved plans. A $30,000 estimate means a $45,000 bond.

The initial guarantee and any extensions run in one year increments. If an extension is approved, the City revises the guarantee amount to reflect inflation or other cost changes.

The warranty guarantee comes next

Section 1-6.2 requires a warranty guarantee of 15 percent of the documented final cost of the improvements, and it must be in place before the City releases the performance guarantee. SMC 12.12.140 separately states that the cash deposit or bond guarantees excavation and street restoration work against settling and defects in workmanship or materials for up to two years after the work is completed and accepted.

Who needs the permit

SMC 12.12.040 bars any person, partnership, corporation or other entity from using or altering City rights of way or easements without a permit. Section 1-7 of the standards requires a Right of Way Disturbance permit for all work in the public right of way and City utility easements.

Exceptions

Under SMC 12.12.050, work by City maintenance crews and contractors working for the City does not need a permit. Emergency work may start before a permit is issued if the City is notified by telephone as soon as practicable, but the utility or contractor must still obtain the permit afterward. The City Engineer may reduce or waive permit requirements for minor repair or construction.

Insurance is separate

SMC 12.12.150 requires a certificate of commercial general liability insurance naming the City, with at least 45 days notice to the City before any policy change or cancellation. The bond does not replace it.

Premium

The surety sets the premium from the bond amount, the type of work, and the contractor's credit and financial strength. Guarantee forms are available from the Public Works Department, so confirm the current form and filing steps with the City before the bond is issued.

Eligibility and Requirements for a Washington Right of Way Permit Bond:

• Performance guarantee of estimated cost plus 50 percent.
• Warranty guarantee of 15 percent of documented final cost.
• Bond, assignment of funds, set aside letter or cash deposit accepted.
• Guarantee terms limited to one year increments, revised on extension.
• Defect guarantee on excavation and restoration for up to two years after acceptance.
• At least 45 days insurance cancellation notice to the City.

Washington Right of Way Permit Bond FAQs:

Official and Additional Resources for the Washington Right of Way Permit Bond: