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HomeMy WebLinkAbout01/14/2014 04 Street Cut Ordinance DiscussionBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 1/14/2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Discussion regarding Street Cut Ordinance Debbie Cook, Director of Utilities and Engineering In an effort to preserve and protect the value of the City's right-of-way (ROVV) infrastructure; and improve the traveling public and worker safety in ROW work zones, a revision of the City's existing Ordinance Chapter 8.72 (Excavations - Obstructions) has been drafted. The revisions are significant, clarifying and strengthening requirements for ROW permitting, traffic control and restoration. The updating of the "Additional Fee" (Restoration Fee), which has been included in the City's Ordinance since 1983, and the determination of what constitutes a fair amount for this fee is of particular concern. The following attachments are provided in order to assist the Council in their consideration of the proposed revision of Chapter 8.72 (Commonly called the Street Cut Ordinance): *PowerPoint Presentation *Proposed Draft Ordinance with highlighted areas of concern expressed by contractors, developers and utilities during informational meetings. *Existing Ordinance *1983 Ordinance enacting "Addition Fee" *1999 City of Seattle Study *Lynnwood Ordinance *Wenatchee Ordinance *Sacramento Ordinance and Study Resolution: Ordinance: Other (Specify): Study Session Presentation Contract Term: End Date: Amount: Contract: Start Date: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager ATTACHMENTS: Description Upload Date Presentation 1/9/2014 Proposed Ordinance - Annotated with Comments 1/9/2014 Existing Ordinance Chapter 8.72 1/9/2014 1983 Ordinance "Additional Fee" 1/9/2014 1999 City of Seattle Study 1/9/2014 Lynnwood Ordinance 1/9/2014 Wenatchee Ordinance 1/9/2014 Sacramento Ordinance 1/9/2014 1996 Sacramento Study 1/9/2014 Type Backup IMaterliall Backup IMaterliall Backup IMaterliall Backup IMaterliall Backup IMaterliall Backup IMaterliall Backup IMaterliall Backup IMaterliall Backup IMaterliall posed (Revised) d° .nce Chapter 8.72: r*•chment Permits, and �c�c�v��rr�� •� Facilities in � °c> Jhts=.=Wy > > > oals • • ct financial value of right-of-way • frastructure st - $261 Million cement Cost - $450 Million bsidy of cost of e caused by t of all entities oad Quality is Important to th e Citizens of Yakima d $2 Million/year to 014 Why is it Necessary to Protect Pavement Cuts > Degrade the quality/ride-ability of roads > Decrease the road's lifespan by uch as 50% Francisco, 1998) CI Pavement Weakened by J nching Asphalt Concrete Wearing Surface Concrete Pavement Base Supporting Soil Undercutting of Pavement . • _" 4111. es 3' Pavement Weakened by Excavation Sag from Release of Lateral Support Patching Does Not Return the Ro ad to its Original Condition ng and sloughing disturbs the road and the edges of the trench nding asphalt unsupported d sub -base) as much as 10' le as 2'-3' with quality • h edges causes grade faster > • ho Should Incur the Cost? uction in the road's lifespan is a cost that should be paid by the licts the damage ee tax dollars subsidize •s ge do not have to ing the road Restoration FP is Not a New C; incept! dinance 8.72.01062 allows an "equal to the estimated cost oad to its original condition nt cut) to be charged. atching requirement. • • • • ill be estimated dditional Highlights Iron! \yilat ROAD CLOSDED Safety > • r Uniform Traffic Control CD) requires that all work Ily accessible ROW be ropriate traffic control Cities working in ROW trol is compliant 'c, entity enting the ROW • • • • • Cities working in the ROW are required 'n a permit and use appropriate of dependent on the area of ROW that is length of time it is blocked. or shoulder work is included in $50 barricaded area are not open to exempt with What Are Other Cities Ding? • • Right -of -Way Use Permit croachment and Excavation rk Encroachment Permit - I feet + $207.00 per 100 d $45.00 per 100 lineal • • after 5th th year, •real ecovery Fee d $7.00 per linear foot of trench Yakima's Restoration Fee sed on Actual Costs e zone of influence ad X- ethods of Calculating storation Fee Costs ay n Factor X Cost of Overlay (Zone of Influence) each unrestrained edge asa% • nd ancillary costs compete overlay referred option, although draft 2, below. • • > • • • • hat is Fair? • payers continue to subsidize ut streets? What is the fair? referred) e and PCI -based f the cross by the > dditional Information in cket • Ordinance with highlighted cern from contractors, • ities expressed during tings dition Fee" [DC1] ]Chapter 8.72 ENCROACHMENT PERMITS; AND EXCAVATIONS, AND PLACEMENT OF FACILITIES IN PUBLIC RIGHTS-OF-WAY Sections: 8.72.010 Purpose. 8.72.020 Definitions. 8.72.030 Encroachment permit required. 8.72.040 Conditions of permit. 8.72.050 Execution of work. 8.72.060 Additional requirements for dry utilities. 8.72.070 Fees. 8.72.080 Violations. 8.72.010 Purpose. Ap The purpose of the chapter is to preserve the safety of the public and to preserve, protect and improve the quality of city roadway infrastructure by regulating the uses of and construction in the public right-of-way. 8.72.020 Definitions. The following terms used in this chapter shall have the meanings set forth below: "Applicant" means the person applying for an encroachment permit, as well as any person owning or operating facilities or requesting to install facilities for which the encroachment permit is being requested. "City" means the city of Yakima. "Director" means the director of the department of utilities and engineering or designee(s). "Encroachment" means the use of city rights-of-way to perform excavations, construction related work, building or property maintenance including exterior window cleaning; to access overhead or underground public or private utilities; to place or store construction equipment, materials, trailers, containers, dumpsters, or bins; or for any other similar or related purposes. "Facility" means an underground above -ground improvement or structure. "Known facility" means any facility that can be observed visually, is marked correctly in the field or is shown correctly on any contract, plan or permit document. "Permittee" means the person to whom an encroachment permit is issued, as well as the person owning or operating the facility or installation for which the encroachment permit is issued. 1 "Person" means any individual, agency or other public or private entity, firm, business, franchisee, contractor, company, corporation, city department, partnership, governmental agency, or other combination of individuals of whatever form or character, including any person performing work under a contract between the person and the city. "Public easement" means any easement or right-of-way owned or controlled by a public agency or by a public utility. "Public right-of-way" means the area across, beneath, in, on, over, under, along and within the public streets, roads, sidewalks, and alleys within the city and includes public utility easements dedicated to the city. "Utility box" means any underground box, terminal or enclosure. "Utility cabinet" means any above ground cabinet, pedestal, transformer, communications terminal or box, feature or appurtenance. "Utility company" means a public or private entity, including the city of Yakima, that provides utility services including, but not limited to, electricity, gas, sewer, water and communications. "Utility pole" means any structure used to support overhead wires, cables, transformers, and appurtenances, and includes guy wires used for supporting utility poles. "Utility vault" means any underground room providing access to subterranean utility equipment. 8.72.030 Encroachment permit required. A. It is unlawful for any person to encroach within public rights-of-way or other city property, to dig up, break, excavate, use, occupy, tunnel, undermine or in any way obstruct or disturb any street, alley, sidewalk, highway, thoroughfare or other public place, or fill in, place, leave or deposit in or upon any sidewalk or public place any article, material or thing whatsoever tending to obstruct, disturb or interfere with the free use of the same, without first obtaining an encroachment permit from the director and to thereafter complying with the requirements of the permit. Without limiting the scope above, the following activities require an encroachment permit: 1) Any excavation in the public right-of-way for the installation, repair or removal of any pipe, conduit, duct, tunnel, utility pole, cabinet, vault or box or any other facility or installation or for any other purpose; 2) Short duration operations, including but not limited to: landscaping/landscape maintenance, curb cuts, lifting with crane or boom truck, concrete delivery, concrete cutting, asphalt repair, utility repair, and utility locators using destructive methods. 3) Placement of dumpsters/drop boxes in the right-of-way. 4) Transportation of non -street legal construction equipment, spoils, rock, debris, fill dirt. 2 i. Water wagons, scrapers and overweight loads are prohibited from being driven on paved roads. B. Nothing in this chapter shall be construed to prevent any person from maintaining any utility facilities in or under any right-of-way by virtue of any law, ordinance or permit; or from encroaching in the public right-of-way as may be necessary for the preservation of life or property in the case of an emergency, provided that the person shall notify the director, and obtain an encroachment permit in arrears, within one day after the offices of the city are first opened subsequent to the encroachment. 1) Encroachments authorized by this section shall be subject to all fees and requirements of this chapter. 2) The director may use the "one -call" designation or any other information as a basis to determine whether or not the work actually constituted an emergency. 3) Inappropriately claiming that work constitutes an emergency ill result in violations under Section 8.72.080 of this code. C. Permits are not transferable. All persons encroaching in the public right-of-way must obtain their own encroachment permit, insurance and bonding. A subcontractor may not work under their general contractor's permit; however, permittees working in the same area or job site are encourages to coordinate their work within the same traffic control plan if possible. 1) Encroachment within the boundaries of a city -approved residential or commercial subdivision, prior to public access being granted to the subdivision, does not require an encroachment permit. 2) Encroachment adjacent to or off site of said subdivision, at all times requires an encroachment permit. D. The director may issue blanket permits to any person to encroach within the public right- of-way or public utility easement for utility service connections, for the location of trouble in utility conduits or pipes and for making repairs thereto, or for other repetitive and predictable work. 1) Blanket permits shall be issued for a minimum of a month and a maximum of one year. 2) 'Encroachments authorized by this section shall be subject to all fees and requirements of this chapter[Dc2]. E. This chapter shall not apply to political signs placed in public right-of-way pursuant to YMC 15.08.040 and YMC 8.20.010, or special events permitted under Chapter 9.70 YMC. 8.72.040 Conditions of permit. A. The encroachment permit application form and submittal requirements shall be in such form as prescribed by the director. At a minimum, the following information shall be required for application: 3 1) General i. The name and residence or business address of the applicant; ii. The location and approximate area of the encroachment; iii. The purpose, a plan or drawing, and a schedule for the proposed period of encroachment; iv. A traffic control plan; v. Insurance and bond; vi. If the proposed work includes excavations, a plan showing the specific location and area of the excavation, including the dimensions of its length and width, and any other information that may be deemed by the director to clearly explain the work. 2) The applicant shall pay fees as determined by Section 8.72.070 of this code. i. No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any public right-of-way to relocate the facilities at no cost to the city, in the event that relocation is required by the city to accommodate a proper governmental use of the public right-of-way. B. The permittee shall, at a minimum, be responsible for public safety as follows: 1) Comply with all current federal, state and local safety regulations and all federal and state disability laws including those requiring an accessible path of travel. 2) Utilize appropriate traffic control, per the Manual on Uniform Traffic Control Devices (MUTCD), at all times for the duration of the permit. Traffic control plans shall be included with all permit applications. i. Traffic control plans shall be designed and drawn, using MUTCD standards, by an American Traffic Safety Services Association (ATSSA), or equivalent certifying entity, certified Traffic Control Supervisor. Said person shall also be certified by the director under applicable Department of Utilities and Engineering policies and procedures. ii. Traffic control plans shall be site specific and professionally produced utilizing appropriate computer software. Generic plans or hand -drawn plans are not acceptable. iii. The level of complexity required for traffic control shall be commensurate with the duration of work and location of work as defined in the MUTCD. The director may require that revisions be made to proposed traffic control plans and haul routes in order to cause as little inconvenience to the traveling public as possible. 4 4)4) Excavations shall not be left open unprotected at the end of a shift unless continuous shifts are planned. i. Backfill, steel plates, security fencing and other safety options may be considered on a case-by-case basis by the director. ii. Barricades, warning tape and plastic fence are not acceptable alternatives. 2.5) Haul Routes. i. The director may dictate the haul route and the hours of operation for the haul. ii. All costs associated with the haul, including moving and reinstalling existing structures and infrastructure, shall be borne by the applicant. iii. Over dimensional and overweight vehicles may be required to obtain permit, comply with route restrictions and pay fees as defined by Yakima Police Department procedures. [Dc3] C. The permittee shall designate an employee responsible for the installation, maintenance and removal of barricades and warning signs, as required by the approved traffic control plan. 1) Barricades shall not be placed on sidewalks, pedestrians or bike paths, or dedicated bike lanes unless said pathways are permitted to be closed. 2) Barricades, including supports, shall be moved outside the clear zone when not in 3) The city will inspect barricading for compliance with approved traffic control plans as it deems necessary. 4) Barricades and warning signs shall be removed from the right-of-way promptly at the completion of the work. i. Barricades and warning signs not removed by 3:OOPM the day that the work is complete shall become the property of the City of Yakima. D. All flaggers shall be trained and certified by a training agency normally engaged in the business of flagger training. Flaggers must show certification cards on request. Approved safety wear is required. E. The permittee shall be responsible for the utility location service, surface (asphalt, concrete, other) cut, excavation, backfill, compaction, surface replacement, testing, any necessary remedial work, and materials incorporated in the work. 5 F. Indemnification, hold harmless, insurance and bond. 1) Indemnification and hold harmless. i. Applicant agrees to protect, defend, indemnify, and hold harmless the city, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of the applicant, its officers, employees, agents, volunteers and/or subcontractors, arising out of or relating to the issuance of a permit to applicant pursuant to Chapter 8.72 YMC or the work done by applicant or its subcontractors after receiving the permit, and/or the performance of work done pursuant to a contract with the city. ii. Nothing contained in this section or this contract shall be construed to create a liability or a right of indemnification in any third party. 2) Insurance. i. General Requirements. a) The applicant shall obtain the insurance described in this section from insurers approved by the State Insurance Commissioner pursuant to RCW Title 48. The insurance must be provided by an insurer with a rating of A-: VII or higher in the A.M. Best's Key Rating Guide, which is licensed to do business in the state of Washington (or issued as a surplus line by a Washington surplus lines broker). The city reserves the right to approve or reject the insurance provided, based on the insurer (including financial condition), terms and coverage, the certificate of insurance, and/or endorsements. b) The applicant shall keep this insurance in force during the term of the affected work and for thirty days after the physical completion date, unless otherwise indicated (see subsection (c) below). c) If any insurance policy is written on a claims -made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this permit. The policy shall state that coverage is claims -made, and state the retroactive date. Claims -made form coverage shall be maintained by the applicant for a minimum of thirty- six months following the final completion or earlier termination of this permit, and the applicant shall annually provide the city with proof of 6 renewal. If renewal of the claims -made form of coverage becomes unavailable, or economically prohibitive, the applicant shall purchase an extended reporting period ("tail") or execute another form of guarantee acceptable to the city to assure financial responsibility for liability for services performed. d) The applicant's and all subcontractors' insurance coverage shall be primary and noncontributory insurance as respects the city's insurance, self-insurance, or insurance pool coverage. e) The applicant shall provide the city and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. f) Upon request, the applicant shall forward to the city a full and certified copy of the insurance policy(ies). g) The applicant shall not begin work under the permit until the required insurance has been obtained and approved by the city. h) Failure on the part of the applicant to maintain the insurance as required shall constitute a material breach of permit, upon which the city may, after giving five business days' notice to the applicant to correct the breach, immediately terminate the permit. II costs for insurance shall be the responsibility of the applicant. ii. Additional Insured. All insurance policies, with the exception of workers' compensation, shall name the following listed entities as additional insured(s): a) The city and its elected and appointed officials, officers, employees, agents and volunteers. b) The above -listed entities shall be additional insured(s) for the full available limits of liability maintained by the applicant, whether primary, excess, contingent or otherwise, irrespective of whether such limits maintained by the applicant are greater than those required by this permit, and irrespective of whether the certificate of insurance provided by the applicant pursuant to subsection D of this section describes limits lower than those maintained by the applicant. iii. Subcontractors. Applicant shall ensure that each subcontractor of every tier obtains and maintains at a minimum the insurance coverages listed in subsection E of this section. Upon request of the city, the applicant shall provide evidence of such insurance. iv. Evidence of Insurance. The required certificates of insurance in subsection F of this section shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this contract or permit. The 7 policy shall name the city, its elected and appointed officials, officers, employees, agents and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the city prior written notice. A copy of the additional insured endorsement will be included with the certificate. The insurance shall be with an insurance company or companies rated A-: VII or higher in Best's Guide and admitted in the state of Washington (or issued as a surplus line by a Washington surplus lines broker). v. Coverages and Limits. a) Insurance. a. At all times during performance of the services, applicant shall secure and maintain in effect insurance to protect the city from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this contract or permit. Applicant shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The city reserves the right to require higher limits should it deem it necessary in the best interest of the public. b. Commercial General Liability Insurance. Before this contract or permit is fully executed by the parties, applicant shall provide the city with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of one million dollars per occurrence combined single limit bodily injury and property damage, and two million dollars general aggregate. The aggregate limit will apply "per job" or "per project." The policy will include Washington stop gap (employer's liability) coverage. b) Commercial Automobile Liability Insurance. a. If the applicant owns any vehicles, before this contract or permit is fully executed by the parties, applicant shall provide the city with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of one million dollars per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "any auto" and be shown on the certificate. b. If the applicant does not own any vehicles, only "nonowned and hired automobile liability" will be required and may be added to the commercial liability coverage at the same limits as required in that subsection above entitled "Commercial General Liability Insurance." 8 c) Workers' Compensation. The applicant shall comply with workers' compensation coverage as required by the industrial insurance laws of the state of Washington. 3) Bond. i. The applicant shall provide a minimum of $10,000 bond to assure successful completion of the permitted work. The city may use this bond complete unfinished work or to correct any damage to existing infrastructure that is caused by the permittee. ii. The bond may be written for a single event, a specific duration or it may be evergreen. iii. The city reserves the right to request additional bonding should it be determined that the amount of the work or risk exceeds the capacity of the bond. iv. If the bond is for a single event, the bond shall be returned to the permittee upon successful completion of the work, as determined by the director. v. This requirement is not in addition or instead of the bonding/insurance requirements for a city capital improvement project. G. Roads less than five years old shall not be cut, except for the repair of leaking wet utilities buried under the roadway. A list of roads which cannot be cut may be obtained from the director. H. The permittee shall notify the director immediately upon completion of the work. I. The city will provide any necessary inspections, during normal business hours, at no cost to the permittee. Should the permittee request inspections outside normal business hours, or should the director determine that such inspections are necessary to ensure public safety, the permittee shall pay for all inspection cost, including overtime costs. J. Except as otherwise expressly provided herein, all costs of complying with this chapter shall be borne by the applicant/permittee. K. Upon receipt of a complete encroachment permit application package, the director shall determine and set forth all requirements, approve or disapprove the application, and, if approved, sign and return it to the applicant with a permit number. 1) Each permit will state the start date and completion date of the permitted work. 2) The director may grant extensions of time. 9 i. The permittee must request the time extension at least 24 hours prior to the stated completion date of the permit, otherwise a new permit must be applied for. ii. Additional fees required by the requested extension must be paid prior to the issuance of the extension. 3) The director may modify the permit if circumstances or conditions appearing after the work is started make it impossible, dangerous or excessively inconvenient to the travelling public for the permittee to comply with the requirements of the permit. 4) No person in violation of any requirement of this chapter shall be issued an encroachment permit, nor shall any contractor or agent apply for or be issued an encroachment permit on the person's behalf, until the outstanding violation is corrected. i. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity. 8.72.050 Execution of work. A. Work hours. 1) Work hours shall be 9:00 a.m. to 3:00 p.m., inclusive of setup and tear -down of traffic control devices. -A. i. The director may authorize alternative work hours, if the scope of the work is such that the public's interests would best be served by altering the work hours[Dc4]. ii. The applicant shall request the director's determination on alternative work hours with the initial submission of the permit. iii. The director may require alternate hours, including nights or weekends, for operations that unduly disrupt traffic flows or represent potential safety hazards. B. Any person engaged in activities authorized under an encroachment permit shall, at all times while such work is in progress, keep at the job location the original permit, or a copy thereof, and on demand, exhibit the permit to the director or any police officer. The director, may require that at all times while the work is in progress the person also maintain at the job location, a sign, barricade, or other device bearing the person's name, the permit number and a relevant city telephone number. 10 C. Permittee shall conform to any public notification requirements included in the permit, contract documents, or approved plans. D. Right-of-way crossing. 1) Crossings shall not unreasonably interfere with or unduly impair the proper and safe use of the right-of-way or adjacent properties. 2) The legal owner of the property benefiting from the crossing shall be signatory to the permit application. 3) If a crossing is being proposed in conjunction with the construction of a new building or the remodel or renovation of an existing building, approval for the crossing shall be obtained prior to the city's issuance of the building permit. The encroachment permit must be obtained prior to starting construction of the crossing. E. All persons performing work shall take reasonable precautions not to damage or destroy existing facilities. F. Excavation requirements. 1) Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the location, depth and other physical characteristics of any facilities for which an encroachment permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the City's design standards. i. Permittee shall coordinate their installation with existing facilities to minimize damage to, and avoid undue disruption and interference with the public use of such rights-of-way or other public places. ii. The director may require that utilities be installed using directional drilling or other guided tunneling process. Hole hogs or other non -guided processes are not acceptable.[Dc5] 2) No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more than four hundred (400) feet in advance of the pipe, conduit or ducts being placed in the trench, except when the prior written consent of the director has been obtained. 3) The excavated pavement and other rubble shall be removed, together with any surplus excavated material, within one working day from the time such material is placed upon the street. 4) Whenever a pavement cut is required, pavement shall be sawcut to neat, true lines parallel and perpendicular to the centerline of the road. 11 i. Width of pavement cut shall be sufficient to remove any broken or cracked pavement and to allow for the equipment required to obtain the required compaction. ii. Edges of pavement cuts shall receive an application of tack coat prior to placing the new pavement. All asphalt patches shall match existing road sections, including base depth and material. iii. Whenever any caving occurs in the sidewalls of any excavation, the pavement above such caving shall be cut away. a) In no case shall any void under a pavement be filled by any side or lateral tamping. 5) Restoration. Any disturbance of pavement (including damage caused by dumpsters or construction drop boxes), sidewalk, driveways, landscaping, striping or other marking, traffic loops or other devices, or any other feature shall be restored, repaired or replaced to City standards or to the condition existing prior to the disturbance, as modified by the requirements herein, if no restoration standard exists. Destructive cuts for utility locates shall be as small as possible and shall be restored with flo-fill or low PSI concrete as approved by the director{[Dc6]. ii. Where more than one pavement cut is required within the length of a City block 300 lineal feet[oc7], the director may require that the permittee resurface the entire road from curb to curb for the length of the block. a) This requirement will be based on factors such as the age and condition of the road, the placement of the cuts and any other factor that could affect the ability of the permitee to return the road to a smooth driving surface. iii. Work areas, including adjacent areas that were cleared/grubbed or damaged, shall be stabilized and reseeded within 14 calendar days after the permit completion date. iv. All excavations within the right-of-way shall be backfilled with consecutive lifts not exceeding eight inches of loose material and shall be compacted to 95% of maximum density, plus two percentage points of optimum moisture content and shall be tested in accordance with ASTM D-1557.[Dcs] v. Pavement surfaces shall be tested in accordance with applicable testing methods based on the type of material to be placed. vi. Sidewalks, curbs, gutters or combination curbs and gutters shall be removed to nearest joint. All concrete used to replace curbs and gutters shall obtain a minimum compression strength of 3,000 p.s.i. at 28 days. Curbs and gutters shall be replaced to conform to the same shape, size and continuous gradient as existing curbs and gutters. vii. Proof of Testing. a) The permittee shall submit all test results to the City Engineer within 14 calendar days of the date of completion of the test. b) Right-of-way use permits will not be issued to persons who are delinquent in providing test results. 12 c) If test results show that the work was not compliant with city standards, the applicant shall repair and retest the work at no cost to the city. viii. After backfilling is completed, and prior to repaving the cut, the contractor or permittee shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director. ix. Roads and sidewalks shall be restored to a safe, passable condition prior to the work area being opened for public use. a) Temporary surfaces may be in place for no more than 72 hours unless weather or other mitigating circumstances are present. i. The director's written approval, with conditions and allowable duration, is required to leave temporary surface in place for longer than 72 hours. ii. Failure to comply with director's conditions will constitute a violation under this chapter. iii. Maintenance of temporary surface will require a separate encroachment permit if not completed as part of the original work. iv. If the temporary surface is not maintained in a safe and acceptable manner, and the permittee does not respond or is not able to respond in a timely manner to maintain the temporary surface as required by the director, the director may cause the work to be done. The cost thereof, including any inspection costs and administrative overhead incurred by the city, shall be assessed against the permittee. b) Permanent restoration shall require a separate encroachment permit if not completed as part of the original work. x. Any disturbance of landscaping, fencing or other improvements upon private property, including private property traversed by easements or rights-of-way utilized by a person, shall, at the sole expense of the permittee, be promptly repaired, restored, or replaced to the reasonable satisfaction of the property owner. 6) Repair of failed surface over excavation. i. Should the pavement or sidewalk surface over any excavation should sink or break within five years [Dc9]after the excavation has been completed the permittee shall, upon written notice from the director, immediately repair the installation or backfill and have the pavement restored as specified by the director, within such time period as may be specified by the director. 13 a) If the permittee does not respond or is not able to respond in a timely manner as required by the director, the director may cause the work to be done. b) The cost thereof, including any inspection costs and administrative overhead incurred by the city, shall be assessed against the permittee. G. Maintenance. 1) The permittee shall maintain the work site in a clean and orderly manner. All debris, rubbish and excess material shall be removed from the right-of-way at the completion of each workday. i. Public rights-of-way, public streets, public property and public easements affected by work must be cleaned to the satisfaction of the director prior to re- opening these areas to the public. H. Upon completion of underground or surface work permitted under this chapter, permittee shall furnish as -built plans of the installation showing a correct plan view to scale, details and a profile showing the locations of all elements of the installation based on data obtained in the field during construction. I. Failure to complete work. 1) If any part of the work referred to in this chapter is not completed within the time set forth in the permit, the director may provide written notice to the person performing cthe work to complete the work within forty-eight (48) hours thereafter. i. If the work is not completed within this time period, the director may cause the work to be performed, including such work as will restore the work area to a safe and passable condition until the work can be completed. ii. The cost thereof, including any inspection costs and administrative overhead incurred by city, shall be paid by the permittee within thirty (30) days of notice of the cost. maintained so that none of the facilities: endanger the lives or safety of persons; interfere or damage public improvements; unnecessarily hinder or obstruct the free use of public rights of way or other public property; or cause any interference with the rights and r asonablc 14 convenience of property owners who adjoin any of thc strccts or othcr public property whcrc the utility pole, box or cabinet is located. B. The permittee shall schedule the installation of utility boxes and utility cabinets within the city streets in such a manner to promote safety, reduce inconvenience to the public, and insurc immediate restoration and repair of the streets. The director may rcquirc thc permittcc'& schedule be altered in order to comply with the above requirement. C. All utility installations permitted under this chaptcr shall, upon dcmand of thc dircctor, bo relocated or modified if required by the city to avoid pot governmental use of a public right of way. with a proper 1) All expenses incurred in relocating, lowering lines, potholing or marking of facilities to determine their exact location after the original installation shall be paid for by thc permittee. of above ground utility poles, boxes, vaults, cabinets and related facilitics unlcss otherwisc approved by the director. 1) Utility cabinets shall not be pace: at locations where the director determines based on engineering standards, that such placcmcnt would cr atc a hazard. Thcsc distance is required. 2) Utility cabinets shall not be placed in plantcr strips bctwccn thc sidcwalk and thc 3) Utility boxes and cabinets shall be placed at property lines whenever possible. '1) Utility vaults installed for private development should be installed on private property to avoid diminishing planter or mow strips. desires of any property owner respecting location within easements or rights of way traversing private land of the property owner. 6) Utility cabinets shall be no higher than six fcct unlcss othcrwisc approvcd by the director. 7) No exposed conduit or raceways will be permitted and all conductors, transformers, and other related equipment shall be concealed, except pole risers or drops. 15 8) Utility cabinets requiring power shall have the power pedestals attached to the utility cabinets. unless otherwise approved by the director. 10) Utility boxes placed in sidewalks shall be centered in sidewalk flags. 11) Utility vaults should be located behind the curb and not within the sidewalk whenever possible. 13) Utility poles shall not be placed within the right of way. E. Except as otherwise permitted by law, franchise or elsewhere in this code, no company shall be authorized to construct or install new poles or new wire holding structures for commercial uses on or within public rights of way or city owned property for the purpose of placing overhead cables, wires, lines or other facilities. With respect to any cables, wires and similar facilities constructed and installed by a utility company above ground, thc company shall, at its sols cxpcn: seg +r,,,.+ arte ro ,rtetall such cables, wires or othcr facilitics undcrground pursuant to any projcct undcr which thc cablcs, wires or othcr likc facilitics of such utilities are placed underground within an area. The duty of a utility company to undcrground shall arisc if all cxisting abovc ground likc facilities of such utilities are required to be placed underground. A) All applicants and permittees subject to this chapter shall pay permit fees and be subject to penalty fees if they violate the requirements of this chapter, except as provided below. 1) City projects or crews that are funded out of the general fund may be exempt from paying permit fees, depending on the original source of the project funding, but must comply with the remainder of this chapter. 2) City projects or crews that are funded from Fund 142, Arterial Streets Fund, may be exempt from paying restoration fees, depending on the original source of the project funding, but must comply with the remainder of this chapter. 3) Roads that the City plans to resurface or reconstruct within the current or following fiscal years are exempt from the resurfacing fee. 16 4) Cuts that are a result of destructive utility locate techniques will be exempt from restoration fees only if they are 8" or less in diameter or on the largest side. 1g) Projects building or resurfacing full width roads at least one block300 lineal feet in length may not have to pay restoration fees.[Dc1o] ^F) Both the permittee and the person responsible for their traffic control shall be equally responsible for complying with this chapter and both shall be subject to penalties in case of violation. ) Barricading fees shall be calculated on the area, including tapers, of closure required by the MUTCD. ) The maximum allowable lane drop per permit is 1,600 feet, including tapers. Work requiring longer closures may be phased. ) Restoration fee area shall be calculated in square feet, as follows: Length of excavation in feet parallel to the centerline of the street, multiplied by the pavement width of the street in feet from curb to curb or edge to edge if no curb is present, and multiplied by $8.63.[Dcii] B) The following fees shall apply to right-of-way use permits: 1) Base fee (includes first day of barricading for one lane): $50. 2) Work on dirt roads, shoulder work on paved roads: Base fee plus $21/day. 3) Barricading paved roads: Base fee plus $0.01/sq. ft./day of barricaded area. 4) Other barricading fees: See Schedule A below. 5) Excavation of paved roads: Base fee plus barricade fees plus $8.63/sq. ft. restoration fee[Dc12]. 6) Other excavation fees: See Schedule B below. 7) Penalty fees — Failure to comply with this chapter: $500/violation/day. C) Each applicant is responsible for providing the director with accurate work scope, work zone length and work duration as a basis of fee calculation. Schedule A — Other Barricade Fees Sidewalk Closures - $21/day Bike Lane or Path Closure - $21/day Drop Box or Construction Dumpster - $21/month 17 Schedule B — Other Excavation Fees Curb Cuts - $12 each Curb/Gutter/Sidewalk (remove/replace) - $25 for first 100' ($0.25/foot thereafter) Other Fees Haul Route Approval - $50 plus actual cost of necessary police support Oversize/Over Dimensional Vehicles — as directed by YPD Traffic Division process and policy City Inspection Overtime — Actual cost Failure to Comply with this Chapter - $500/violation/day 8.72.080 Violations. A. General — Authority of director. Whenever the director shall find probable cause to believe violation of any of the provisions of this chapter exists, the director shall notify the person responsible for the alleged violation in writing and shall order the necessary corrections to be made. If such violation is not corrected within the period of time established by the director, the director may invoke the remedies set forth in this section and/or any other remedy available under state law or city code. The provisions in this section are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against any person violating the provisions of this chapter, together with any other action available under state law or city code. B. Procedure — Notification of Violation — Effect of Violation. The director shall notify any person found to be in violation with this chapter of the scope of violation, the provisions violated, the date of violation (if known), and the required correction. (1) Said notice of violation and correction shall be in writing and may be hand -delivered, faxed or e-mailed to the person or persons responsible for the violation. The notice shall advise such person(s): (a) that failure to correct the violation within the time specified will subject the violator(s) to imposition of a civil penalty fee up to $500 per violation for each day the violation remains uncorrected; (b) that all violations shall be corrected and all assessed penalties paid prior to issuance of another right-of-way use permit to such persons(s); and (c) that the city reserves the right to invoke any other remedy available under state law and city code, including but not limited to, filing of criminal charges pursuant to subsection D of this section. (2) Should that person fail to correct the violation within the period of time directed, the director is authorized to assess against the person or persons causing such violation a civil penalty fee up to $500 per violation for each day the violation remains uncorrected. Written notice of the assessed penalty fee shall be hand -delivered, faxed or e-mailed to each person determined to be responsible for such violation. (3) All violations shall be corrected and all penalties assessed must be paid prior to the city's issuance of another right-of-way use permit to such person. C. Corrective actions — Appeal. 18 (1) Failure to obtain an encroachment permit, failure to comply with an approved encroachment permit including compliance with traffic control plan, failure to comply with excavation or trench safety requirements or any other violation that creates an imminent public safety hazard shall be corrected immediately, and all work shall stop, and necessary safety precautions shall be taken until the violation is corrected. i. Failure to immediately comply with the above paragraph shall justify the assessment of a penalty fee. ii. Repeat offences shall justify the immediate issuance of penalty fees, filing of criminal charges pursuant to subsection D below, and/or initiation of any other remedy available to the city under state law or city code. (2) Any other violation of nonconformance that does not constitute, in the determination of the director, an imminent public safety hazard, shall be corrected within 10 working days of issuance of the notice of violation. i. Failure to comply with the above paragraph shall justify the assessment of penalty fees. ii. Repeat offences shall justify the immediate assessment of penalty fees, filing of criminal charges pursuant to subsection D below, and/or initiation of any other remedy available to the city under state law or city code. (3) Appeals of administrative corrective actions. Any person receiving a notice of violation under this chapter shall have the right to an administrative hearing to contest the city's determination of violation or assessment of penalty fees. Any hearing pursuant to this section must be requested by the appellant in writing within ten (10) days after the appellant receives notice of violation, or within the period of time established for correction of the violating condition, whichever is shorter. The appellant's written request for hearing shall be filed with the director. Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. The city will conduct the hearing within twenty days of the receipt of the request. The administrative hearing authorized by this section will be held before the city manager or the city manager's designee. Formal rules of evidence will not apply but the appellant and the city shall have the right to present witnesses and documentary evidence. The city manager or the city manager's designee will issue a written decision within ten (10) days of the conclusion of the hearing. Any appellant requesting a hearing shall have the right to make an electronic or stenographic record of the proceedings. Such record shall be made at the discharger's expense. iv. Except as otherwise provided, all decisions by the city manager or city manager's designee shall be final and conclusive on all parties unless within twenty (20) days from the date of final action, the appellant files a petition for review in a court of competent jurisdiction in the manner prescribed by law. 19 (4) Notwithstanding the provisions above, the city reserves the right to file criminal charges or pursue any other available remedy without first assessing penalty fees or pursuing administrative remedies set forth above, when, in the sole determination of the city, the violation cannot be effectively remedied by assessment of penalty fees or imposition of any other administrative remedy set forth above. D. Criminal penalties. Any person who willfully, knowingly, recklessly or negligently violates any provision of this chapter through any act or omission shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. Each violation and each day of each violation shall constitute a separate offense. cc 20 Sections: Chapter 8.72 EXCAVATIONS—OBSTRUCTIONS 8.72.010 Permit required—Fee. 8.72.020 Permit application—Conditions. 8.72.030 Notice to fire chief and director of public works. 8.72.040 Purpose of permit—Backfilling—Repair of sidewalk. 8.72.045 Barricading—Rules and regulations. 8.72.050 Barricades—Lights. 8.72.060 Bond. 8.72.070 Indemnification and hold harmless. 8.72.080 Insurance. 8.72.090 Denial of permit. 8.72.010 Permit required—Fee. A. Permit Required—Administration of Chapter. (1) It is unlawful for any person, firm or corporation to dig up, break, excavate, use, occupy, tunnel, undermine or in any way obstruct or disturb any street, alley, sidewalk, highway, thoroughfare or other public place, or fill in, place, leave or deposit in or upon any sidewalk or public place any article, material or thing whatsoever tending to obstruct, disturb or interfere with the free use of the same, without first having obtained a permit therefor. The issuance of such permits and the administration and enforcement of provisions of this chapter shall be performed by the office of the director of community and economic development or designee. (2) In case of an emergency arising outside of office hours when an immediate excavation may be necessary for the protection of life and property, it shall be reported to the director of community and economic development or designee on the first working day thereafter. The permit for said work shall be obtained at the time of reporting. (3) Classification. For the above-described purpose of regulating excavations and obstructions by permits, there are established two classifications of permits: one to be known as the "utility classification," and the other to be known as the "nonutility classification." The utility classification shall include all such permits issued to franchise utilities or their subcontractors for B. Fee. such work incidental to installation, repair, modification, or removal of utility lines or related components. The nonutility classification shall include all other permits issued. (1) Basic Fee. A basic fee shall be paid by the applicant for each permit issued pursuant to this chapter. Effective January 15, 2013, there are imposed the following permit fees: (a) Utility classification: one hundred dollars per permit for the first hour or part thereof, which shall include (1) on-site inspection and (2) one-half of the street inspector's time traveling to and from each site; provided, that each hour of inspection after the initial hour shall be charged at sixty dollars per hour or prorated to the nearest one-quarter hour if less than one hour. (b) Nonutility classification: one hundred dollars per permit. (2) Additional Fee. (a) In the event a permit issued pursuant to this chapter allows the digging up, breaking, excavation or undermining of any city street within a period of five years following its initial construction or following a major reconstruction of its driving surface, then an additional permit fee shall be paid by the applicant, the amount of which additional fee shall be equal to the estimated cost of restoring the street to its original condition prior to the performance of the work for which the permit is issued. The additional fee required by this subsection is separate from, but equivalent to, such cost of restoration; and payment of the additional fee does not relieve the permit holder from complying with requirements of this chapter to restore the street to its original condition at the expense of the permit holder. (b) The "additional fee" shall not apply when an emergency exists because of unforeseen disruption of utility services which are located in public rights-of-way requiring immediate repair to protect life and property. Further, the "additional fee" shall not apply when it can be reasonably determined by the director of public works that the necessity to dig up, break, excavate, or undermine a newly constructed or reconstructed street within the five- year period could not reasonably have been foreseen. (c) Prior to the new construction or major reconstruction of any street, the owners of record of all property abutting on the street and all utility service firms operating pursuant to a city franchise will be notified in advance of commencement of the work so as to allow reasonable time for the installation, adjustment or extension of underground lines and associated structures. (d) Revenue from the additional fee required by this section shall be deposited in the street maintenance account of the street division for general city street maintenance purposes. (Ord. 2012-59 § 3, 2012: Ord. 2012-28 § 1 (Exh. A) (part), 2012: Ord. 2007-05 § 1, 2007: Ord. 3345 § 1, 1991: Ord. 3322 § 1, 1990: Ord. 3243 § 1, 1990: Ord. 2719 § 1, 1983: Ord. 994 § 1, 1968: Ord. B-2037 § 1, 1957). 8.72.020 Permit application—Conditions. The director of community and economic development or designee shall grant such permit only upon compliance with the following terms and conditions: The party requesting such permit shall make application therefor in writing, and if requested so to do by the director of community and economic development or designee, shall file with the director of community and economic development or designee a plat showing the location and plan of the work, obstruction or other thing desired to be done or constructed and the street, alley, sidewalk or public place to be so obstructed, together with a full description of the nature of such work, obstruction or other thing; the director of community and economic development or designee shall thereupon examine such application and plat and, if he shall approve the same, may issue a permit therefor, which permit shall require the replacing, in its former condition, of the portion of the street, alley, sidewalk, highway or other public place which may be obstructed, disturbed or affected in any way. Such permit shall specify the location of the street, sidewalk, alley, pavement or public place in front of, through, under, on or near which such acts are to be performed or done, and the name of the street, alley, sidewalk or other public place, together with description of the proposed work or acts to be done under such permits, and the length of time allowed for the completion thereof. The acts and works permitted under such permit shall be at all times under the supervision and control of the director of community and economic development or designee, but at the expense of the party procuring such permit, and in case any such place referred to in this chapter is disturbed in any way, the placing thereof in its former condition shall be at all times subject to the direction of the director of community and economic development or designee and the same shall be replaced and restored to its former condition within the time by him stated and specified. At the expiration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the director of community and economic development or designee shall, if he deems advisable, have a right to do all work and things necessary to restore such street, alley, sidewalk or public place to its original and proper condition, and the party obtaining said permit shall be liable for the expense thereof. Provided, that the city shall have a cause of action for all of its expenses and amounts paid out upon said work to be collected in a civil action in any court of competent jurisdiction. Provided further, that nothing herein stated shall affect in any way the duty of the one acting under such permit to guarantee and maintain the area disturbed for two years after returning it to its original condition. (Ord. 2012- 28 § 1 (Exh. A) (part), 2012: Ord. 2007-05 § 2, 2007: Ord. 994 § 2, 1968: Ord. B-2037 § 2, 1957). 8.72.030 Notice to fire chief and director of public works. Before doing any of the acts authorized by the permit, written notice thereof must be given to the chief of the fire department, who shall also be notified of the completion of the act or acts allowed under such permit when the public street, alley, sidewalk, highway or other public place affected thereby has been placed in the condition required by this chapter. Immediately upon the completion of the act or acts allowed under such permit required by this chapter, written notice thereof shall also be given to the director of public works. Any delay in giving such written notice after the completion of said work shall render the applicant for said permit liable for all damages done or suffered by the city of Yakima or any person, firm or corporation, by such delay. (Ord. 2012-28 § 1 (Exh. A) (part), 2012: Ord. 994 § 3, 1968: Ord. B-2037 § 3, 1957). 8.72.040 Purpose of permit—Backfilling—Repair of sidewalk. The director of public works is authorized to grant permits when appropriate to such persons as may apply therefor to use, occupy and obstruct streets, alleys and sidewalks adjacent to a construction project as provided for and limited by the building code of the city of Yakima for the purpose of storing building materials. Any work done under a permit authorized by this chapter or the building code, and which work involves excavation through or undermining of any sidewalk, curb or paving shall have such excavation backfilled, tamped and settled in such a manner that the sidewalk, curb or paving may be replaced within thirty days following the backfilling, and should said patched sidewalk, curb or paving settle within a period of two years, it shall be repaired again at the expense of the original permit holder. (Ord. 2012-28 § 1 (Exh. A) (part), 2012: Ord. 994 § 4, 1968: Ord. B-2037 § 4, 1957). 8.72.045 Barricading—Rules and regulations. The director of community and economic development or designee is authorized and directed to adopt written rules and regulations requiring the erection and maintenance of barricades, lights or flares and other warning and control signals and devices for the safe movement of traffic through and around street construction and maintenance work which will require any excavating or undermining, or other disturbance of or obstruction to any public street, alley, sidewalk, highway or other public place, for which a construction or maintenance work permit is required by the provisions of this chapter. Such rules and regulations may be repealed, amended or supplemented from time to time as deemed necessary or desirable by the director of community and economic development or designee. All such traffic control shall be in compliance with the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD). (Ord. 2012-28 § 1 (Exh. A) (part), 2012: Ord. 2007-05 § 3, 2007: Ord. 994 § 7, 1968). 8.72.050 Barricades—Lights. In the event any public street, alley, sidewalk, highway or other public place shall be excavated, undermined, disturbed or obstructed in any manner pursuant to a permit issued under this chapter, the permit holder shall erect and maintain barricades, lights or flares and other warning and control signals and devices in accordance with the rules and regulations adopted by the director of community and economic development or designee pursuant to YMC 8.72.045. (Ord. 2012-28 § 1 (Exh. A) (part), 2012: Ord. 2007-05 § 4, 2007: Ord. 994 § 5, 1968: Ord. B-2037 § 5, 1957). 8.72.060 Bond. No permit shall be issued pursuant to this chapter unless the applicant files with the director of community and economic development or designee a bond issued by a surety company authorized to do business in the state of Washington, which bond shall be in an amount estimated by the director of community and economic development or designee to be the cost of replacing to its original condition any public street, alley, sidewalk, highway or other public place to be disturbed by applicant under the permit applied for, and conditioned that the applicant will immediately on completing work under the permit replace to its original condition any portion of any public street, alley, sidewalk, highway or other public place disturbed or affected by the applicant under the permit applied for, and that applicant shall correct any defects which occur within one year after the completion of any such replacement work; provided, that cash or certified check may be deposited with the city by applicant in lieu of, and in the same amount as, the bond required by this section, which cash deposit shall be held by the city subject to the same conditions required in said bond, with an appropriate amount of said cash deposit to be returned to applicant on the expiration of one year from the completion of all work performed under the permit. (Ord. 2012-28 § 1 (Exh. A) (part), 2012: Ord. 2007-05 § 5, 2007: Ord. 994 § 6, 1968: Ord. B- 2037 § 6, 1957). 8.72.070 Indemnification and hold harmless. Applicant agrees to protect, defend, indemnify, and hold harmless the city, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of the applicant, its officers, employees, agents, volunteers and/or subcontractors, arising out of or relating to the issuance of a permit to applicant pursuant to Chapter 8.72 YMC or the work done by applicant or its subcontractors after receiving the permit, and/or the performance of work done pursuant to a contract with the city. Nothing contained in this section or this contract shall be construed to create a liability or a right of indemnification in any third party. (Ord. 2012-28 § 1 (Exh. A) (part), 2012). 8.72.080 Insurance. A. General Requirements. 1. The applicant shall obtain the insurance described in this section from insurers approved by the State Insurance Commissioner pursuant to RCW Title 48. The insurance must be provided by an insurer with a rating of A-: VII or higher in the A.M. Best's Key Rating Guide, which is licensed to do business in the state of Washington (or issued as a surplus line by a Washington surplus lines broker). The city reserves the right to approve or reject the insurance provided, based on the insurer (including financial condition), terms and coverage, the certificate of insurance, and/or endorsements. 2. The applicant shall keep this insurance in force during the term of the affected work and for thirty days after the physical completion date, unless otherwise indicated (see subsection (A)(3) of this section). 3. If any insurance policy is written on a claims -made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this permit. The policy shall state that coverage is claims -made, and state the retroactive date. Claims -made form coverage shall be maintained by the applicant for a minimum of thirty-six months following the final completion or earlier termination of this permit, and the applicant shall annually provide the city with proof of renewal. If renewal of the claims -made form of coverage becomes unavailable, or economically prohibitive, the applicant shall purchase an extended reporting period ("tail") or execute another form of guarantee acceptable to the city to assure financial responsibility for liability for services performed. 4. The applicant's and all subcontractors' insurance coverage shall be primary and noncontributory insurance as respects the city's insurance, self-insurance, or insurance pool coverage. 5. The applicant shall provide the city and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. 6. Upon request, the applicant shall forward to the city a full and certified copy of the insurance policy(ies). 7. The applicant shall not begin work under the permit until the required insurance has been obtained and approved by the city. 8. Failure on the part of the applicant to maintain the insurance as required shall constitute a material breach of permit, upon which the city may, after giving five business days' notice to the applicant to correct the breach, immediately terminate the permit. 9. All costs for insurance shall be the responsibility of the applicant. B. Additional Insured. All insurance policies, with the exception of workers' compensation, shall name the following listed entities as additional insured(s): • The city and its elected and appointed officials, officers, employees, agents and volunteers. The above -listed entities shall be additional insured(s) for the full available limits of liability maintained by the applicant, whether primary, excess, contingent or otherwise, irrespective of whether such limits maintained by the applicant are greater than those required by this permit, and irrespective of whether the certificate of insurance provided by the applicant pursuant to subsection D of this section describes limits lower than those maintained by the applicant. C. Subcontractors. Applicant shall ensure that each subcontractor of every tier obtains and maintains at a minimum the insurance coverages listed in subsection E of this section. Upon request of the city, the applicant shall provide evidence of such insurance. D. Evidence of Insurance. The required certificates of insurance in subsection E of this section shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this contract or permit. The policy shall name the city, its elected and appointed officials, officers, employees, agents and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the city prior written notice. A copy of the additional insured endorsement will be included with the certificate. The insurance shall be with an insurance company or companies rated A-: VII or higher in Best's Guide and admitted in the state of Washington (or issued as a surplus line by a Washington surplus lines broker). E. Coverages and Limits. Insurance. 1. At all times during performance of the services, applicant shall secure and maintain in effect insurance to protect the city from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this contract or permit. Applicant shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The city reserves the right to require higher limits should it deem it necessary in the best interest of the public. Commercial General Liability Insurance. Before this contract or permit is fully executed by the parties, applicant shall provide the city with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of one million dollars per occurrence combined single limit bodily injury and property damage, and two million dollars general aggregate. The aggregate limit will apply "per job" or "per project." The policy will include Washington stop gap (employer's liability) coverage. Commercial Automobile Liability Insurance. a. If the applicant owns any vehicles, before this contract or permit is fully executed by the parties, applicant shall provide the city with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of one million dollars per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "any auto" and be shown on the certificate. b. If the applicant does not own any vehicles, only "nonowned and hired automobile liability" will be required and may be added to the commercial liability coverage at the same limits as required in that subsection above entitled "Commercial General Liability Insurance." Workers' Compensation. The applicant shall comply with workers' compensation coverage as required by the industrial insurance laws of the state of Washington. (Ord. 2012-28 § 1 (Exh. A) (part), 2012). 8.72.090 Denial of permit. No permit shall be issued to any person, firm or corporation who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapter. (Ord. 2012-28 § 1 (Exh. A) (part), 2012: Ord. B-2037 § 8, 1957. Formerly 8.72.080). ORDINANCE NO. 2719 AN ORDINANCE relating to streets and sidewalks; requiring a permit to excavate or obstruct a public street or sidewalk; fixing permit fees; and amending Section 8.72.010 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 8.72.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.72.010 Permit Required -- Fee. A. Permit Required -- Administration of Chapter. (1) It shall be unlawful for any person, firm or cor poration to dig up, break, excavate, use, occupy, tunnel, undermine or in any way obstruct or disturb any street, alley, sidewalk, highway, thoroughfare or other public place, or fill in, place, leave or deposit in or upon sidewalk or public place any article, material or thing whatsoever tending to obstruct, disturb or interfere with the free use of the same, without first having ob- tained a permit therefore. The issuance of such permits and the administration and enforcement of provisions of this chapter shall be performed by the office of the Director of Engineering and Utilities. (2) In case of an emergency arising outside of office hours when an immediate excavation may be nec- essary for the protection of life and property it shall be reported to the Director of Engineering and Utilities on the first working day thereafter. The permit for said work shall be obtained at that time of repoxting. B. Fee. (1) Basic Fee. A basic fee of $25.00 shall be paid by the applicant for each permit issued pursuant to this chapter. (2) Additional Fee. (a) In the event a permit issued pursuant to this chapter allows the digging up, breaking, excavating or undermining of any City street within a period of five years following its initial construction or following a major reconstruction of its driving surface, then an additional permit fee shall be paid by the applicant, the amount of which additional fee shall be equal to the estimated cost of restoring the street to its orig- inal condition prior to the performance of the work for which the permit is issued. The additional fee required by this sub section is separate from, but equivalent to such cost of restoration; and payment of the additional fee does not relieve the permit holder from complying with requirements of this chapter to restore the street to its original condition at the expense of the permit holder. (b) The "additional fee" shall not apply when an emergency exists because an unforeseen disruption of utility services located in public right-of-way requires immediate repair to protect life and property. Further, the "additional fee" shall not apply when it can be reasonably determined by the Director of Engineering and Utilities that the necessity to dig up, break, excavate or undermine a newly constructed. or reconstructed street within the five year period could not reasonably have been foreseen. (c) Prior to the new construction or major recon- struction of any street, the owners of record of all property abutting on the street and all utility service firms operating pursuant to a City franchise will be notified in advance of commencement of the work so as to allow reasonable time for the installation, adjust- ment or extension of underground lines and associated structures. (d) Revenue from the additional fee required by this sub section shall be deposited in the street maintenance account of the street division for general City street maintenance purposes." Section 2. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of October ATTEST: , 1983. Publication Date 10-13-83 Effective Date 11-13-83 -2- Mayor 5th International Conference on Managing Pavements (2001) Impact of Utility Cuts on Pavement Performance in the City of Seattle Authors: ABSTRACT Margot Yapp, P.E. Nichols Consulting Engineers, Chtd. 1970 Broadway, Suite 630 Oakland, CA 94612 U.S.A. (510) 835-4432 myapp(dnce.reno.nv.us James Lundy, Ph.D., P.E. Oregon State University Dept. of Civil Engineering 202 Apperson Hall Corvallis, OR 97331-2302 U.S.A. (541) 737-4979 lundyj @engr.orst.edu Susan Chu, P.E. Seattle Transportation Pavement Mgmt. Section 810 Third Avenue, Room 754 Seattle, WA 98104-1618 U.S.A. (206) 684-5310 susan.chu(dci.seattle.wa.us The City of Seattle possesses a transportation system that is vital to the economic health of the City and the enhancement of the City's quality of life. Millions of dollars in public funds have been invested to construct, maintain, and repair streets and the City holds these streets as a valuable public asset for its citizens. Seattle grants utility and telecommunication companies reasonable access to the public right-of- way to provide services to the community However, in order for utility and telecommunications companies to maintain or upgrade their services, they need to access the pavement structure and this, in turn, affects pavement performance. The impact of utility company activity on pavement performance has been a concern of public agencies for many years. In large cities such as Seattle, thousands of utility cuts are made every year. In 1999, Seattle Transportation initiated an engineering study to study the impacts of utility cuts on street pavements. The objective was to determine the extent of pavement degradation and costs associated with maintenance repair and rehabilitation due to the presence of utility cuts. This paper summarizes the engineering approaches that were used to determine the impacts of utility cuts on Seattle's streets, the results obtained, and the development of a fee schedule. The City's pavement management system data was used together with deflection testing to quantify the impact of utility cuts. Asphalt concrete, composite and Portland cement concrete arterial streets were evaluated and the results indicated that an additional 40 mm (1.6 in.) of asphalt concrete overlay was required on all the asphalt concrete streets, and on approximately 45% of the composite streets. There were no consistent trends on the PCC streets. Based on this data, a fee schedule was developed for adoption by the City. TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual practitioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) BACKGROUND The City of Seattle possesses a pavement network of approximately 30,000 management sections or blocks. Of these, 7,200 are designated arterials and the remaining sections are described as residential streets. The pavement network, as part of the transportation system, is vital to the economic health of the City and the enhancement of the City's quality of life as described in the abstract. Public rights- of-way are essential to the economical vitality of the city. The City of Seattle grants utility and telecommunication companies reasonable access to the public right-of-way to provide services to the community However, in order for utility and telecommunications companies to maintain or upgrade their services, they need to access the pavement structure and this, in turn, affects pavement performance. The impact of utility company activity on pavement performance has been a concern of public agencies for many years. In large cities such as the City of Seattle, thousands of utility cuts are made every year. These cuts are made to install, inspect or repair buried facilities. The City of Seattle has adopted Resolution 29587 which states the City's intent to review permit fees and rates paid by the public and private utilities and other entities that obtain permits to cut City streets. The review was to determine if such fees and rates cover the full cost of restoring the street to its original condition and to reflect compensation for any loss off, or reduction in, the useful life of the street. Ordinance 118751, enacted by the City in 1997, seeks to preserve the City's transportation assets and ensure that the street area around utility cuts is restored to its original condition as quickly and efficiently as possible. The Ordinance directs the Director of Transportation to determine a charge from a schedule adopted by Ordinance reflecting the loss in useful life of street, alley, or other public places as a result of utility cuts. Because of the above ordinance, Seattle Transportation initiated an engineering study in 1999 to study the impacts of utility cuts on street pavements. The study's objective was to determine the extent of pavement degradation and costs associated with maintenance repair and rehabilitation due to the presence of utility cuts. This paper summarizes the results of the study that was conducted in response. Recent Studies Interest in the impact of utility cuts on roadway performance has increased in the last ten years. The results of studies conducted by public agencies show that the presence of utility cuts lower measured pavement condition scores (or indices) compared to pavements of the same age with no utility cuts, such as that conducted by the City and County of San Francisco (1). Also, the link between the presence of utility cuts and accelerated pavement deterioration is accepted by most agencies. The recent San Francisco study concedes that high quality workmanship in the repair of utility trenches may reduce the structural damage to pavements, but contends that lower ride quality, and increased cracking still result and therefore service lives are diminished. The resulting reduction in pavement life despite high quality workmanship repairing the cut can be explained by considering the trenching operation. Figure 1 shows a schematic of a typical trench excavation. The process of opening the trench causes sagging or slumping of the trench sides as the lateral support of the soil is removed. The degree of sagging is determined in part by the soil type, moisture content of the soil, and depth of the trench Quantifying the extent of sagging is very complex but regardless of the extent, the adjacent pavement is adversely affected. A study performed in Cincinnati (2) indicates that the extent of damage extends 1 m (3 feet) from the edges of the utility cut. This "zone" of weakened pavement adjacent to the utility cut can fail more rapidly than other parts of the pavement. This can be observed in the field by the presence of fatigue (alligator) cracking occurring around the edges of the cut, or spalling around the cut edges. In addition, the introduction of cuts is much like the introduction of cracks on the pavement. If improperly sealed, water intrusion can occur, resulting in loss of fine materials from the underlying base and subgrade and consequently, loss of pavement strength. This can occur even with the best TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual pracaitioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) FIGURE 1: Typical trench excavation (1). patching or backfill practices if the edges of the cut are not properly sealed. The more cuts on a pavement, the higher the possibility of water intrusion and subsequent loss of strength. Several studies (2,3,4,5) have quantified the extent of damage due to utility cuts through deflection testing. Typically, deflection measurements are taken on the trench, adjacent to the trench and in a control area some distance from the trench. These studies show that trenching operations reduce pavement strength in a zone from 1 to 2 m (3 to 6 feet) on either side of the centerline of the trench. By implication, these zones of weaker pavement require more costly rehabilitation and maintenance activity. The economic impact of utility cuts is often calculated based on the cost of increased overlay thickness required to account for the presence of the utility cut. The increased overlay costs are extrapolated to the entire street section and from the sampled sections to the entire network. Alternatively, the costs associated with shortened cycle times between rehabilitation or maintenance work necessitated by utility cuts are estimated. These costs are then extrapolated to the entire roadway network. STUDY APPROACH The study for Seattle relies on two distinct, but related, methodologies to establish the effects of utility trenches and patches on pavement performance and to develop a fee schedule for use by the City. Separately, these two approaches demonstrate the impact of utility trenching on streets in Seattle. When combined, the information allows the development of a utility cut fee schedule that is defensible and specific to the City of Seattle. The first methodology relies on the City's pavement management system (PMS) to demonstrate differences in pavement performance resulting from the presence of utility cuts. The PMS contains pavement condition indices for each roadway section as well as inventory information such as pavement age and surface type. Statistical analyses of sections with and without utility cuts should demonstrate that pavement condition scores are lower for pavements of the same type and age with TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual practitioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) utility cuts. The success of this approach depends on the quality of the PMS database. If the available information on the number of utility cuts is not available in the PMS database, then field surveys will be conducted to determine the number of cuts. The 1998 San Francisco study used this methodology. The San Francisco PMS included information on the number of utility cuts present on each roadway section. When combined with their pavement condition index scores, the effects of utility cut were determined. Figure 2 shows the loss in pavement condition score resulting from utility cuts in San Francisco. Pavemen Condition Score 100 90 80 70 60 50 40 30 20 10 0 - 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Age of Pavement FIGURE 2. Effect of utility cuts on pavement condition from San Francisco Study (2). The second methodology utilizes deflection testing on selected streets to establish the relative loss of structural capacity resulting from the presence of utility cuts. This loss of structural capacity necessitates thicker overlays, thus increasing the cost of rehabilitation for a street with utility cuts over the costs for a street without cuts. Deflection testing was conducted on the utility cut, adjacent to but off the utility cut and approximately 3 m (10 feet) from the cut as shown in Figure 3. O 0 0 0 0 0 Lvaries Deflection test location 0 O 0 0 11.0 Longitudinal Patch 2f feet --------- 10±feet Patch centerline Not to Scale FIGURE 3: Description of deflection testing program. APPROACH 1: UTILITY CUT SURVEYS In this first approach, the study attempted to establish the influence of utility cut patching on the pavement by comparing the pavement condition indices of roads with and without utility cut patches. TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual practitioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). _ No Cuts (0) •ft`_s..... — .Few Cuts (1 to 2) - .Some Cuts (3 to 9) — -Many Cuts (10 or more) _ 1' 0 - 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Age of Pavement FIGURE 2. Effect of utility cuts on pavement condition from San Francisco Study (2). The second methodology utilizes deflection testing on selected streets to establish the relative loss of structural capacity resulting from the presence of utility cuts. This loss of structural capacity necessitates thicker overlays, thus increasing the cost of rehabilitation for a street with utility cuts over the costs for a street without cuts. Deflection testing was conducted on the utility cut, adjacent to but off the utility cut and approximately 3 m (10 feet) from the cut as shown in Figure 3. O 0 0 0 0 0 Lvaries Deflection test location 0 O 0 0 11.0 Longitudinal Patch 2f feet --------- 10±feet Patch centerline Not to Scale FIGURE 3: Description of deflection testing program. APPROACH 1: UTILITY CUT SURVEYS In this first approach, the study attempted to establish the influence of utility cut patching on the pavement by comparing the pavement condition indices of roads with and without utility cut patches. TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual practitioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) The City's pavement management system database was reviewed to determine if any trends were present. Since only the arterials had been surveyed (approximately 7,000 sections), this formed the basis for the analyses described in the following paragraphs. Nine calculated indices were included in this analysis and they are as follows: • IX CDI Measured combined distress index • IX_CNI • IX_CSI • IX_OCI • IX_RDI • IX AVG CDI • IX_AVG_CNI • IX AVG CSI • IX AVG OCI Measured combined non-structural distress index Measured combined structural distress index Overall combined/condition index Measured ride distress index Straight average of all sample CDI values. Straight average of all sample CNI values. Straight average of all sample CSI values. Straight average of all sample OCI However, the database did not contain the number of utility cuts, so it was therefore necessary to conduct field surveys to determine this information. A range of pavement ages and spatially distributed samples were selected to reduce bias in the data set. At the request of the City, only asphalt -surfaced arterials were considered for inclusion in the database. A total of 315 sections were surveyed. To assist in selecting the sections, the range of pavement ages (0 to 20 years) were divided into four categories: • Category 1 - 0 to 5 years • Category 2 - 6 to 10 years • Category 3 - 11 to 15 years • Category 4 - 16 to 20 years Next, asphalt -surfaced arterials fitting one of the four age categories were located using Thomas Guide maps (6). The map page and grid numbers were identified for all asphalt -surfaced arterials. This technique allowed the identified survey sections to be geographically distributed across the City. Finally, sections in each age category, geographic area and pavement type were selected for utility cut survey. Two one-person crews conducted surveys. During a walking survey of the entire section, the total number of patched utility cuts was recorded. Figure 4 shows the average number of utility cuts present versus the age category for all surveyed pavement sections. As expected, the number of cuts increase with age for the first fifteen years (through Category 3). The number of cuts then drops in Category 4. One possible reason for this apparent anomaly is that pavement sections with many utility cuts are being rehabilitated (overlaid) leaving only those streets with fewer cuts in Category 4. In other words, the database only contains survivors. Initial analyses of the utility cut data included plots of condition indices versus pavement age and the number of utility cuts. A typical relationship is shown in Figure 5. Figure 5 shows the relationship between the Overall Condition Index (OCI) and pavement age for the surveyed sections. These data describe an expected trend i.e. the OCI declines with increasing age. However, it was not possible to distinguish the effect of the number of cuts with age as originally hoped. PCI Surveys An additional 380 sections (half had patches, the other half were control sections i.e. no patches) were surveyed using the PAVER distress identification procedures (7). The Pavement Condition Index (PCI) was computed for all sections and a statistical analysis performed. Comparing Patch and No Patch PCI Figure 6 shows a plot of PCI values for patched sections (shown as "Patch PCI") versus sections without patches ("No Patch PCI"). The diagonal line given for reference is Patch PCI = No Patch PCI. Points above the line indicate that the PCI is higher for the patched section for that roadway, while points below the line indicate the PCI is higher for the section without a patch The bulk of the points fit the latter category, indicating that for the majority of the sections in this sample the pavement condition was superior for the sections without patches. TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual practitioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). Average Number of Cuts 5th International Conference on Managing Pavements (2001) 3.00 2.50 2.00 1.50 1.00 0.50 0.00 Category Age, years 1 1-5 2 6- 10 3 11-15 4 16-20 1 2 Age Category 3 FIGURE 4: Average number of utility patches in each age category. 100 90 80 70 60 50 40 30 20 10 0 • • ® A / m ❑ 8 L ❑ ❑ 8 ❑ 9 8 ❑ ❑ ❑ ❑ ° ❑• v • o • ❑ • 0 o A • 0 p ❑• 0 ❑ 0 0 • 0 0 0 0 0 ❑ ❑ 0 0 ° • o ❑ • A 0 0 0 0 ❑ ❑ ° • 8 A° • 0 • ❑ • ❑ ❑ • • 0 a ° 0 0 0 ❑° ❑ 0 0 0 •ACP ❑ ❑ ❑ ❑ ❑ ❑ ❑APC A BST 0 0 ❑ ❑ ❑ 0 0 0 0 • a a ❑ • ♦ ■ • ❑ ❑ 0 0 0 0 ❑ • • • • A a • • A • ®Q 5 10 Pavement Age, years 15 20 FIGURE 5: Overall Condition Index (PCI) versus Age using 1994 survey data. Comparing Delta PCI for Arterials and Residential Streets 4 Figure 7 shows boxplots of the Delta PCI values, separately for arterial and residential streets. Boxplots divide the data into fourths, as follows. The lowest quarter extends from the lowest asterisk to the bottom of the box. The next (second) quarter ranges from the bottom of the box to the median (horizontal) line. The third quarter ranges from the median line to the top of the box, TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual practitioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 100 — — 50 — 5th International Conference on Managing Pavements (2001) and the highest quarter is from the top of the box to the highest asterisk. The vertical lines extend 1.5 times the length of the box, beyond which individual datapoints are represented with asterisks. Figure 7 shows that the range of the middle half of the Delta PCI values (depicted by the box) is almost identical for arterial and residential streets. In fact, the only difference in the two sets of values is that the highest and lowest values are slightly more extreme for residential streets than for arterials. 0 50 — C3 a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ i ■ ■ ■ ■ ■,•■ ■ ■ • • III 11 ■ • i■ ■ 0 50 No Patch PCI FIGURE 6: Patch vs. No -Patch PCI values. 100 -50 — 3+ 3+ 3+ 3+ 41 3+ A FC. FIGURE 7: Boxplots of Delta PCI for arterials (A) and residential streets (R). TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual practitioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) The following questions were posed: Question 1: Is the average difference between PCI for non patched and patched sections of roadway significantly different from 0? • A 95% confidence interval for the average Delta PCI for all roadways similar to those in the sample is 4.6 to 9.4. This interval is consistent with the results of the hypothesis test because the entire interval falls well above 0, indicating that an average difference of 0 is not plausible. • Even a 99.9% confidence interval for the difference does not cover 0, ranging from 3.0 to 11.0. In other words, with 99.9% confidence, the interval from 3 to 11 covers the actual difference between PCI for no patch control sections and patched sections of roadway for the population. Question 2: Is there a significant difference in the average change in PCI (Delta PCI) for arterial versus residential streets? • The null hypothesis is that the average Delta PCI for arterials in the population is the same as the average Delta PCI for residential streets. In other words, the difference in the average Delta PCI for arterials and residential streets is 0. The alternative hypothesis is that the difference in the two averages is not 0. • The appropriate test in this case is a t-test for two independent samples. The test statistic is t = — 0.94, df =134. • The p -value = 0.35. In other words, if there really is no difference between the average Delta PCI for arterial and residential streets in the population, then the probability of observing a difference in the sample means as large as or larger than the one observed (6.0 for arterials, 8.3 for residential streets) is 0.35. • Because the p -value is not small enough to provide evidence against the null hypothesis, it is not rejected. In other words, there is no convincing evidence from which to conclude that average Delta PCI differs for arterials and residential streets. • A 95% confidence interval for the difference in average delta PCI for arterials and residential streets is —7.1 to +2.5. This is consistent with the hypothesis test because a difference of 0 is included in the interval. Question 3: Is there a significant relationship between number of cuts in the patched section and Delta PCI? • Only a linear relationship was examined. The null hypothesis is that the correlation between number of cuts and Delta PCI in the population is 0. The alternative hypothesis is that the correlation is not 0, indicating a linear relationship between the two variables. An equivalent test is based on the slope of the least-squares line between Delta PCI and number of cuts. The null hypothesis is that the slope is 0, the alternative hypothesis is that it is not 0. • The appropriate test statistic is a t-test for whether or not the slope is 0. The test statistic is t = — 0.37, df 150. • The p -value is 0.71. In other words, if the correlation between Delta PCI and number of cuts is really 0, and thus the slope for the least squares line relating them is also 0, then the probability of observing a slope as far from 0 as that observed (-0.14) or more so is 0.71. • The p -value of 0.71 is large enough to indicate that the slope of the line for the sample, and thus the correlation, is not significantly different from 0. There is not a significant linear relationship between total number of cuts and Delta PCI. • A 95% confidence interval for the slope of the line is —0.86 to +0.59. This is consistent with the hypothesis test, which did not reject a slope of 0 as a plausible value. APPROACH 2: STRUCTURAL ANALYSIS The second methodology used in this study was to establish the increased cost of rehabilitation necessitated by the presence of a utility cut patch in a given section of roadway. Asphalt overlays were selected as the appropriate rehabilitation alternative for all roadway types regardless of existing pavement type. This methodology compares the overlay thickness required in areas with and without utility cuts to estimate the increased costs associated with the presence of the cut. Overlay thickness was TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual prac$tioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) determined for each site using the widely accepted 1993 AASHTO Pavement Design Guide (8). The procedure recommends that the thickness design be based on deflection measurements taken on the existing pavement. This approach was used for each site. A minimum of five measurements were taken at each of three locations; on the cut, approximately 0.6 m (2 ft.) off the edge of the cut and 3 m (10 ft.) from the edge of the cut (see Figure 3). The average maximum deflection at each of the three locations was plotted to determine whether the utility cut negatively impacted the roadway. If this comparison showed that the cut did impact the roadway, then an overlay design was completed. Results Thirty-seven test sites were identified for deflection testing using a falling weight deflectometer (FWD). The presence of a longitudinal utility cut and relatively wide lane to accommodate the test equipment were the principal selection criteria. A total of 9 asphalt concrete pavement (ACP), 18 composite sites, and 10 Portland cement concrete sites were tested. This paper only discusses the results for the asphalt concrete pavements. A review of the maximum deflection plots showed that all nine asphalt sections (ACP) were adversely affected by the presence of the utility cut. A typical plot is shown in Figure 8. In this case, both the average deflection measurements on the cut and adjacent to the cut are higher than the average measurement taken in the control area. This indicates that the control area requires a thinner overlay than either the area on the patch or 0.6 m (2 ft.) off the patch. This confirms the slumping of the trench sides shown in Figure 1. 30 25 H 20 E O U d y 15 0 E E R g 10 On Patch 2' Off Patch 10' Off Patch Site 6 - 3rd Avenue Northwest From: NW 115th Street To: NW 117th Street t 9000 I b Location of Testing FIGURE 8: Typical ACP maximum deflection test results. Overlay designs were completed for each of the three locations (on -cut, 0.6 m (2 feet) off -cut, and 3 m (10 feet) off -cut) for each site. The thickness of the existing pavement layers is not critical to the overlay design provided that within a given site the layers are assumed to be equal. Using this methodology it is the difference in required overlay thickness between the locations is most important. The AASHTO design procedure allows one to complete the design by holding all design inputs constant for a given design. TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual practitioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) The design results show all of the asphalt sections require additional overlay thickness in the area of the utility cut compared to the control area. The increase in overlay thickness varied from 7.6 mm to 84 mm (0.3 to 3.3 inches) with a mean of 40 mm (1.6 inches). DEVELOPMENT OF FEE SCHEDULE The third phase of this project was to develop a methodology to determine utility cut fees based upon damage induced to the pavement from these cuts. These fees are based upon full recovery of damage caused to pavements from utility cuts. The results in the previous section indicated that the presence of utility cuts resulted in an additional thickness of 40 mm (1.6 in.) of asphalt concrete. However, Seattle's management practice is to apply a minimum of 50 mm (2 in.) of asphalt concrete (AC) overlay as a minimum In other words, when an overlay is required, a minimum of 50 mm (2 in.) is used. This is a typical policy for most cities, generally for constructability reasons (i.e. uneven existing surface, maximum size of aggregate used in mix, temperature and density requirements etc). Therefore, for the development of this fee schedule, 50 mm (2 in.) was used instead of 40 mm (1.6 in.). In order to develop the fee schedule, it was necessary to ask the question: How many or how much area of utility cuts must be present before an overlay will be triggered? This answer is found in the City's maintenance policies and practices as documented in the PMS. In Seattle's pavement management system (PMS), trigger levels based upon the Overall Condition Index (OCI) have been established. The lower a pavement's condition index, the more extensive the repair required. Figure 9 shows a typical OCI versus Time curve. This figure illustrates the trigger points built into the pavement management system. From the figure it is evident that routine maintenance is performed on pavements with an OCI greater than 85. A thin overlay is recommended for pavements with condition indices between 85 and 70. Between 70 and 25, different levels of base repairs and other activities are used as the OCI decreases. Below an OCI of 25, reconstruction is recommended for pavements. Again, it must be emphasized that Figure 9 is an illustration of the City's maintenance and rehabilitation policies and which has been documented in the PMS. A relationship between the degree of utility cut patching and corresponding recommended repair was required to develop the fee schedule. The first step in determining this relationship was to analyze OCI versus patching levels. Seattle's PMS has established deduct values that determine the OCI based on the extent of low severity patching. FIGURE 9: Typical OCI versus Time Curve for Seattle. The City's maintenance policy indicates that a thin overlay is required when the OCI reaches 85. Further, 10% of the pavement surface area must be covered with low severity utility cuts (and no other distresses) before the OCI reaches 85. Therefore, an OCI of 85 is the first trigger level where a TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual praittioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) thin overlay is required. Similarly, 38.6% of the pavement area must exhibit low severity patching before the OCI reaches a value of 70. This is the first "zone" (i.e. 70<OCI<85) where a thin overlay is needed. Since the first trigger level for an overlay is an OCI of 85, this was selected as the basis of the fee schedule. The next step in the development of the fee schedule was to determine the unit costs associated with thin overlays. The cost breakdown for a 50 mm (2 in.) AC overlay with milling is shown in Table 1. These costs are based upon an analysis of maintenance and repair costs from previous project cost records from the City. TABLE 1: Calculation of unit cost for an asphalt concrete overlay in Seattle. Cost Item Unit Cost US S/sy Comments 50 mm (2 in.) ACP (asphalt concrete pavement) 5.36 Material Cost. Digout & New ACP Base 0.00 No digging or base material required for simple overlay. Surface Prep., Plane Bituminous Pavement 5.00 Old surface must be milled and cleaned prior to overlay. Mobilization 1.04 Costs of moving and setting up equipment at site. Generally 10% of the contract cost. Total Contractor Cost 11.40 Sum of above items. Contingency 1.71 At 15% Design/admin Cost 1.14 At 10% Construction Mgt. 1.71 At 15% Total Project Cost (Materials and Labor) 15.96/sy or 1.77/sf Note, however, that the costs above do not include: • Costs of disruption to businesses i.e. loss of business due to reduced accessibility or traffic congestion during construction. • Delay costs borne by the public due to traffic congestion during construction. • Increased wear and tear and fuel usage on vehicles caused by rougher pavements during construction. • Health impacts e.g. increased exposure to dust and noise during construction • Safety impacts e.g. if emergency vehicles are negatively affected by construction. In short, there has been no consideration or inclusion of user costs in the determination of this fee schedule. The resulting unit cost is therefore lower than if user costs were to be included. It was not within the scope of this study to perform an extensive economic analysis of the factors mentioned above. The final step is to determine the fees required to repair the damage caused by the cuts. This fee calculation is based upon full recovery of costs. The fee equation was developed with the following rationale: If the utility cut is large enough (or numerous enough) to require an overlay, then the utility company will pay the full amount of the overlay cost. For smaller utility cut areas, the fee is based upon the ratio of the cut size to the cut size that results in an overlay (i.e. 10% ofArea of Section). For example, the fee for a 10% cut would be the total section overlay cost (100%) while the fee for a 2% cut would be 2%/10% or 20% of the total overlay cost. This is explained in detail below. Total Overlay Cost = Unit Cost * Area of Section to Overlay If Area of Cut >_ 10% Area of Section: Fee = Total Overlay Cost TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual praiditioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) If Area of Cut < 10% Area of Section: Fee = (Area of Cut/10% Area of Section) * Total Overlay Cost Incorporating Unit Costs: Fee = (Area of Cut/10% Area of Section) * (Unit Cost * Area of Section) Simplifying, by eliminating Area of Section: Fee = (Area of Cut/10%) * Unit Cost This concept is illustrated by an example. Figures 10a and 10b show in plan view a typical pavement section, 45 ft. wide by 400 ft. long with utility cuts. This is a typical block size. 400 ft. Figure 10a: 1% Utility Cut Figure 10b: 10% Utility Cuts 45 ft. In Figure 10a, the utility cut constitutes 1% of the section area (180 sf). Therefore the fee, assuming a $1.77/sf unit cost is: Fee = 180sf/(10%*18,000sf) * $1.77/sf * 18,000sf = 1,800sf * $1.77/sf = $3,186. In Figure 10b, the utility cut constitutes 10% of the section area (1800 sf). The fee is then: Fee = 1,800sf/(10%*18,000sf) * $1.77/sf * 18,000sf = 18,000sf * $1.77/sf = $31,860. In this case, $31,860 is the total overlay cost. Note that in both cases, the fee equation may be simplified to: Fee = (Area of Cut /10%) * Unit Cost, so that: • (180sf/0.1) * $1.77/sf = 1800sf * $1.77/sf = $3,186 • (1800sf/0.1) * $1.77/sf = 18000sf * $1.77/sf = $31,860 TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual pratationers in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) Both agree with the previous calculations. Fee = (Area of Cut / 10%) * Unit Cost of Overlay = (Area of cut / 10%) * $1.77/sf = (Area of cut) * $17.70/sf For comparison purposes, fee schedules from other cities are shown in Table 2. The purpose of these fees is to pay for long-term damage. These fees, however, were not designed to obtain full recovery of damages. TABLE 2: Comparison of fee schedules from other cities in the United States. City Fee Schedule Comments Sacramento, CA $3.50-7.50 per L.F. Decreases with age Los Angeles, CA $3.43-14.08 per S.F. Decreases with age. Considering flat fee. San Francisco, CA $3.50-1.00 PER S.F. Decreases with age Union City, CA $17.50 per L.F. Single flat fee Oxnard, CA $0.55 per S.F. Bakersfield, CA $4.50-8.50 per S.F. Redlands, CA $0.25 — 2.00 per S.F. Decreases with age and condition Seattle, WA $17.70 per S.F. Single flat fee Note, however, that the approach above does not include two very important assumptions: • From the deflection analysis that was performed, it is clear that there is a weakened zone of influence at least 2 feet away from the edge of the cut. However, the application of the fee schedule would only apply to the cut area itself, not the weakened zone around the cut. • The selection of 10% cuts as the basis for determination of the fee schedule may be on the conservative side. The City rarely has more than 10% cuts on any pavement section as a general rule. This is based on observations made by city staff. Moratoriums Many cities have moratoriums in their ordinances. Typically, moratoriums are established for 5 -year periods (or less) after a street has been reconstructed, repaved or resurfaced. The moratorium disallows any excavation or utility cuts within the 5 -year period. However, exceptions may be granted in specific cases (usually for "good cause") such as: • To repair leaks • To avoid interruptions to essential utility service. • To respond to emergencies which many endanger life or property • To provide services to buildings where no other reasonable means of providing service exists • Work that is mandated by City, state or federal legislation. • For potholing to verify utility depth or location • For deployment of new technology (as per any applicable City policies) such as trenchless excavations. • Other situations deemed by the City to be in the best interests of the general public. Waivers and Exemptions As with all ordinances, situations exist where waivers and exemptions are applicable. Typically, the waivers are dependent on the City's objectives and needs. For instance, the City of Sacramento has waivers for fees where utility companies have shown that they coordinate all utility work with the City's paving program. Other situations where Seattle may consider waivers include: • Utility cuts in Portland cement concrete pavements TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual pratttioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). 5th International Conference on Managing Pavements (2001) • Utility cuts in pavements that are not maintained by Seattle Transportation e.g. alleys, private streets. • The utility company repaves or reconstructs the entire block (or a minimum area such as 50 feet across all travel lanes) affected by the excavation. • Excavations are performed to relocate utility facilities to accommodate the City's use of the pavement or right-of-way. • Excavation on pavements that are older than a defined age e.g. 20 years or if condition is below a certain OCI (usually where reconstruction is already required). • Excavation occurring in pavements that are scheduled to be repaved within 2 years. • Exemption of fee if utility cut activities are coordinated with the City's maintenance/resurfacing programs. SUMMARY This paper documents the results of applying two methodologies used to establish the effects of utility cuts on pavement performance in the City of Seattle. The first methodology used to establish the impact of utility cuts on the performance of streets in the City of Seattle relies on condition survey data of 380 sections. Statistical analysis of these data showed that for the asphalt and composite pavement types, there is a statistical difference between the sections with patches and those with none. These results are significant at the 99.9 percent confidence level. The second methodology relies on deflection testing and overlay designs to establish the impact of utility cuts on roadways. All asphalt sections require additional overlay thickness as a result of the presence of the utility cut. The average required increase in 1.6 inches. The development of the fee schedule was based on the deflection testing approach. In addition, the City's maintenance policies indicated that 10% of the pavement surface area had to be covered with low severity utility cuts before an overlay was required. For constructability reasons, the minimum overlay applied in the City is 50 mm (2 in.); therefore, the fee schedule is based on a 50 mm (2 in.) asphalt concrete overlay. The fee that is recommended to the City is $17.70/sf — this includes all engineering design, material and contract costs. However, costs incurred by the public and businesses affected by the construction have not been included, not health and safety impacts. Finally, typical situations where the City may want to consider waivers or exemptions are also included. REFERENCES 1. "The Impact of Excavation on San Francisco Streets", prepared by the Department of Public Works, City and County of San Francisco and the Blue Ribbon Panel on Pavement Damage, September 1998. 2. Bodocsi, A., Pant. P.D., Aktan, A.E. and Arudi, R.S., "Impact of Utility Cuts on Performance of Street Pavements", Cincinnati Infrastructure Institute, Department of Civil and Environmental Engineering, University of Cincinnati, 1995. 3. Shahin, M.Y., Chan, S., Villacorta, R., "The Effects of Utility Cuts on Pavement Life Span and Rehabilitation Costs", Interim Report for the City of Los Angeles, 1996. 4. CHEC Consulting Engineers, "Utility Cut Damage Assessment for the City of Sacramento", 1997. 5. CHEC Consulting Engineers, "Trench Cut Fee Evaluation Study for the City of Union City", 1998. 6. "King County Street Guide and Directory," Thomas Bros. Maps, 1999. 7. "Paver Asphalt Distress Manual — Pavement Distress Identification Guide for Asphalt -Surfaced Roads and Parking Lots", U.S. Army Corps of Engineers, Construction Engineering Research Laboratories TR97/104, 1997. 8. "AASHTO Guide for the Design of Pavement Structures 1993," American Association of State Highway and Transportation Officials, 1993. TRB Committee AFD10 on Pavement Management Systems is providing the information contained herein for use by individual praiditioners in state and local transportation agencies, researchers in academic institutions, and other members of the transportation research community. The information in this paper was taken directly from the submission of the author(s). Sections: Chapter 12.04 UTILITY LINE INSTALLATION 12.04.010 Permits. 12.04.011 Definitions. 12.04.015 Road improvement permit required. 12.04.020 Application. 12.04.030 Security deposit. 12.04.040 Permit required. 12.04.050 Exceptions. 12.04.060 Disruption fee. 12.04.070 Inspection. 12.04.080 Open cuts. 12.04.090 Shoulders. 12.04.100 Backfill within roadway. 12.04.110 Backfill within utility strip. 12.04.120 Drainage. 12.04.130 Unsafe travel conditions. 12.04.140 Open trench lengths. 12.04.150 Equipment and material storage. 12.04.160 Cleanup distances. 12.04.170 Sealcoats. 12.04.180 Daily cleanup. 12.04.190 Excess material. 12.04.200 Traffic control. 12.04.210 Adequate materials. 12.04.220 Barricading or closing streets. 12.04.230 Unattended excavations. 12.04.240 Inspection and approval. 12.04.250 Final inspection. 12.04.260 Maintenance bond. 12.04.270 Notice to utilities. 12.04.280 Penalty. 12.04.290 Severability. 12.04.300 Effective date. 12.04.010 Permits. A right-of-way invasion permit is required by the city for any excavation, construction, or other invasion of city right-of-way by private individuals, contractors, corporation, municipal corporations, special districts and any and all other persons or organizations. Fees related to right-of-way use permits can be found in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2076 § 2, 1996; Ord. 462, 1969) 12.04.011 Definitions. "Department" means the public works department of the city of Lynnwood. "Director" means the director of the public works department for the director's designee. (Ord. 2726 § 2, 2008) 12.04.015 Road improvement permit required. A road improvement permit is required for the construction of new streets, private or public that will be used as rights-of-way. The developer shall apply for a road improvement permit. Road improvement permit fees can be found in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2076 § 3, 1996) 12.04.020 Application. Applications for such permits to use city right-of-way or to create new rights-of-way shall be filed with the director. A plan and profile delineating proposed construction, existing improvements, and proposed method of final site restoration shall accompany the application. The right-of-way invasion permit application and the road improvement permit application shall be submitted to the department for processing as required by LMC 2.44.040. (Ord. 2726 § 3, 2008; Ord. 2076 § 4, 1996; Ord. 462, 1969) 12.04.030 Security deposit. Upon approval of the plan and profile by the director, the applicant shall be required to post with the city an indemnity bond or cash deposit in the amount of 150 percent of the construction cost of the work in the right-of- way or $2,500, whichever is greater. The amount of the bond or deposit shall be established by the director by determining the cost incurred in backfilling, compaction, restoration of cuts in pavement, adjustment of surface appurtenances and otherwise completely restoring all invasions of city right-of-way to their original condition. Exception: For permitted work associated with single-family residential projects or for other special circumstances to be judged on a case-by-case basis and not associated with a current or future development, the security deposit may be waived by the director. (Ord. 2726 § 4, 2008; Ord. 462, 1969) 12.04.040 Permit required. Permits for the construction, excavations, or other invasions within city right-of-way shall be submitted to the department for processing as required by LMC 2.44.040. Permits are valid for 90 days from date of issuance and may be extended upon receipt of a request in writing and approval by the director. Work that extends beyond the expiration date will require the applicant to reapply for a new permit and payment of fees unless an extension is granted by the director. Only one extension, not to exceed 60 days, may be granted on a single permit. The director will have the final determination of a permit extension. (Ord. 2726 § 5, 2008; Ord. 2241 § 4, 1999; Ord. 462, 1969) 12.04.050 Exceptions. The fees required by LMC 12.04.040 shall not apply to parties dedicating right-of-way to the city by means of recorded plats. (Ord. 462, 1969) 12.04.060 Disruption fee. No disruption of the right-of-way is allowed for the first five years after a roadway has been improved to current standards by pavement overlay or construction of a new roadway. The director shall determine when special circumstances warrant disruption within the first five years of roadway construction or new pavement overlay. When an underground utility installation disrupts the right-of-way after the first five years following improvement of a street to city standards, a disruption fee in addition to the permit fee shall apply. This disruption fee shall be five times the regular permit fee in the first year, four times during the second year, three times during the third year, two times during the fourth year, and equal to the permit fee during the fifth year. The director shall notify and coordinate city -franchised companies, other utility companies and such other special districts and municipal corporations as may be subject to the disruption fee as soon as practical following the final decision of the city to so improve a street. (Ord. 2726 § 6, 2008; Ord. 462, 1969) 12.04.070 Inspection. The city shall exercise full right of inspection of all excavating, construction, and other invasions of city right-of- way. The director shall be notified 72 hours prior to commencing construction. He may issue immediate stop orders in the event of noncompliance with this chapter and/or permits thereunder. (Ord. 2726 § 7, 2008; Ord. 462, 1969) 12.04.080 Open cuts. No open cut crossings of city streets shall be made without the approval of the director. Restoration of open cuts on city streets shall be as follows: A. Existing surface to be precut two feet wider than top of trench width; B. Backfilling and mechanical compaction to 95 percent of maximum density to be accomplished in a maximum of one -foot lifts immediately after installation of pipe; C. Backfill material shall be completely granular and free draining, excavated material may be used for backfilling with the approval of the city engineer; D. Immediately following compaction, a four -inch lift of compacted one -and -one -quarter -inch minus crushed rock, and three inches of cold mix asphaltic concrete shall be placed; E. Final restoration of open cut shall be accomplished prior to final cleanup as follows: 1. Remove temporary cold patch. 2. Edges of existing road surface to be cut and trimmed to a neat line, tacked and a three-inch minimum compacted thickness of Class B asphaltic concrete installed in a manner satisfactory to the director. 3. Restoration shall conform to current city standards. (Ord. 2726 § 8, 2008; Ord. 462, 1969) 12.04.090 Shoulders. Shoulders disturbed by construction activities shall be restored to substantially the original condition or as shown on the approved plans to the satisfaction of the director. (Ord. 2726 § 9, 2008; Ord. 462, 1969) 12.04.100 Backfill within roadway. All backfill of trenches within the roadway shall be crushed rock compacted by mechanical means to a minimum density of 95 percent. Upon request the contractor shall at his expense furnish the city as many compaction tests as may be deemed necessary for proof of minimum compaction. (Ord. 2726 § 10, 2008; Ord. 462, 1969) 12.04.110 Backfill within utility strip. Backfilling and restoration of trenches authorized within a utility strip on fully improved streets shall be accomplished by backfilling in accordance with LMC 12.04.080(B) and (C). (Ord. 2726 § 11, 2008; Ord. 462, 1969) 12.04.120 Drainage. Existing drainage ditches, culverts, etc., shall be kept clean at all times. Temporary diversion of any drainage system shall not be permitted without the written consent of the director. Any drainage culverts, catch basins, manholes, etc., disturbed by excavation shall be replaced with new material, or repaired as directed by the city engineer. (Ord. 2726 § 12, 2008; Ord. 462, 1969) 12.04.130 Unsafe travel conditions. If, in the opinion of the city engineer, it appears that the traveled roadway is, or may become, unsafe for the traveling public due to weather or other reasons, work in the right-of-way shall cease immediately and cleanup shall be promptly accomplished. (Ord. 2726 § 13, 2008; Ord. 462, 1969) 12.04.140 Open trench lengths. Maximum lengths of open trenches on streets shall be 300 lineal feet, except for encased conduit systems which will be coordinated on a project basis by the installer and the director. (Ord. 2726 § 14, 2008; Ord. 462, 1969) 12.04.150 Equipment and material storage. No staging of equipment or stockpiling of material is allowed in the right-of-way unless approved by the director. (Ord. 2726 § 15, 2008; Ord. 462, 1969) 12.04.160 Cleanup distances. Final cleanup, including complete restoration of shoulders, cleaning of ditches, culverts and catch basins, removal of loose material from backslope of ditches, shall not exceed 1,500 lineal feet, behind excavating operations. (Ord. 462, 1969) 12.04.170 Sealcoats. If, in the opinion of the director, the final restoration of open cuts are inadequate to protect the base of the street from erosion caused by seepage of water, the contractor shall be required to sealcoat the full width of the street a reasonable distance to be determined by the director. (Ord. 2726 § 16, 2008; Ord. 462, 1969) 12.04.180 Daily cleanup. Street surface shall be continuously cleaned throughout the day with a vacuum sweeper or other approved means. Failure to comply shall result in the associated project being halted until such time as the conditions are corrected. Cleaning by means of water washdown into the storm or sanitary sewer system is not allowed. (Ord. 2726 § 17, 2008; Ord. 462, 1969) 12.04.190 Excess material. No excavated, excess or unsuitable material shall be wasted, stockpiled or windrowed on city right-of-way without expressed consent of the director. (Ord. 2726 § 18, 2008; Ord. 462, 1969) 12.04.200 Traffic control. A. The applicant shall submit for approval a traffic control plan in accordance with the current Manual on Uniform Traffic Control Devices adopted by the state of Washington. B. The applicant shall provide off-duty police officers or a Washington State certified traffic control supervisor for traffic control when working within a signalized intersection or within 50 feet of a signalized intersection unless specifically waived by the director. (Ord. 2726 § 19, 2008; Ord. 462, 1969) 12.04.210 Adequate materials. All materials shall be readily available to the job site and provisions shall be made to complete the construction in one continuous operation. Failure to comply shall result in work in the right-of-way being halted until such time as the conditions are corrected. (Ord. 2726 § 20, 2008; Ord. 462, 1969) 12.04.220 Barricading or closing streets. No streets shall be closed or barricaded without approval by the director. All applications for barricading or closing streets shall be submitted for approval at least 14 days in advance and contain detour routes adequate for public convenience, safety and travel. The police and fire chiefs shall be notified 24 hours prior to barricading or closing of streets. (Ord. 2726 § 21, 2008; Ord. 462, 1969) 12.04.230 Unattended excavations. All unattended excavations shall be properly barricaded as to prevent accidents. (Ord. 462, 1969) 12.04.240 Inspection and approval. The permittee shall not close any excavations nor make use of constructed utilities until inspection and approval of the entire construction site have been made. (Ord. 462, 1969) 12.04.250 Final inspection. Prior to final approval on construction, a visual inspection of the job site will be made by the director. Restoration of the area shall be complete with all improvements being restored to substantially their original condition. (Ord. 2726 § 22, 2008; Ord. 462, 1969) 12.04.260 Maintenance bond. If, in the opinion of the director, a maintenance bond is necessary, final approval shall not be granted until a bond in the amount of $2,500 or 15 percent of the original indemnity bond, whichever is greater, is posted with the city. The maintenance bond is to be held by the city for a period of one year from the date of final approval. A cash deposit or guarantee account equal to $2,500 or 15 percent of the original indemnity bond, whichever is greater, may be substituted for the maintenance bond for the same time period. (Ord. 2726 § 23, 2008; Ord. 462, 1969) 12.04.270 Notice to utilities. As soon as practical following the final decision of the city to improve a street, the city shall notify all utilities or other municipal corporations then making use of the street right-of-way. The city shall make available a plan and profile to all such utilities. The city shall also advise as to its date for commencement of construction. Any facilities belonging to any utility or other street user that have not been relocated so as to conform to the proposed improvement by the commencement date shall remain there at the sole risk of the utility or street user. The city or its agents may thereafter disrupt or damage the facility without liability therefore. (Ord. 462, 1969) 12.04.280 Penalty. Any person, firm or corporation willfully violating any provision of this chapter shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not exceeding $300.00, or by imprisonment in the city jail for a period not exceeding 90 days, or by both such fine and imprisonment. Each day's violation of the provisions of this chapter may be deemed a separate offense. (Ord. 462, 1969) 12.04.290 Severability. Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be invalid. (Ord. 462, 1969) 12.04.300 Effective date. This chapter shall take effect February 15, 1969. (Ord. 462, 1969) Chapter 7.28 EXCAVATIONS' Sections: 7.28.010 Definitions. 7.28.020 Permit required — Exception. 7.28.030 Application — Bond — Requisites — Amount. 7.28.040 Insurance — Type — Amount — Requisites. 7.28.050 Permit — Application — Fees. 7.28.060 Safety devices and barriers required. 7.28.070 Routing of traffic during construction. 7.28.080 Prosecution of work — Inspections. 7.28.090 Construction standards. 7.28.100 Restoration of surface — Failure to — City's right to — Procedure. 7.28.110 Violation — Penalty. 7.28.010 Definitions. For the purpose of this chapter the following words, terms and phrases are hereby defined and shall have the meaning herein given to them. (1) "City engineer" shall mean the city engineer or his duly authorized representative. (2) "Streets and alleys" shall mean and include streets, alleys, sidewalks, curbs, roads, highways, thoroughfares, parkways, bridges, viaducts, public grounds, public rights-of-way and public improvements within the city of Wenatchee. (3) "Maintenance, maintaining or maintained" shall mean the relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating and restoring operations incidental thereto. (4) "Permittee" shall mean any person, company, partnership or corporation or its successors and assigns holding a permit to dig, excavate in, construct, lay, maintain and operate over, across, upon, along and under the present and future streets, alleys, sidewalks, curbs, roads, thoroughfares, parkways, bridges and public property and other places in the city of Wenatchee. (5) "Person" shall mean any person, firm, association or corporation. (Ord. 98-33 § 1) 7.28.020 Permit required — Exception. It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine, cut, or in any way obstruct or disturb any streets and alleys in the city of Wenatchee or to fill in, place, leave or deposit in or upon any streets or alleys any earth, refuse, gravel, rock or other material or thing tending to obstruct, disturb or interfere with the free use of the same without first having obtained a permit and without complying with the provisions of this chapter; provided, however, that in case of any emergency arising other than during normal office hours, when an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the police department and the necessary excavation may be made upon the express condition that an application be made in the manner herein provided on or before noon of the following business day. (Ord. 98-33 § 2) 7.28.030 Application — Bond — Requisites — Amount. Permittee shall make application to the city engineer for a permit and in connection therewith shall file a bond in the minimum sum of $10,000, or such other sum as is established by the city engineer, conditioned on faithful performance of the terms of the permit and holding the city of Wenatchee harmless from any loss, damage, cost or expense of any nature which may accrue to or be asserted against the city of Wenatchee by reason of any activities of permittee, its successor or assigns under this chapter. In addition, said bond shall also be conditioned that permittee will comply with all of the provisions of this chapter and, in case the permit authorizes cutting into or under any streets or alleys in the city, said bond shall be further conditioned that the person acting under said permit shall replace the portion of said streets and alleys affected thereby and shall restore the same at permittee's expense to as good or better condition within the time specified by the city engineer, and that said permittee will maintain such street or alley so restored for a period of two years from and after such restoration. Settlement of the street or alley within a two-year period from the time the original work is completed shall be considered conclusive evidence of defective backfilling by the permittee. Acceptance of the work by the city engineer shall not prevent the city from making a claim against the permittee for uncompleted or defective work if the same is discovered within two years of said acceptance. The fact that an inspector was present during the progress of any construction shall not relieve the permittee from responsibility for defects discovered after the completion of the work. (Ord. 98-33 § 3) 7.28.040 Insurance — Type — Amount — Requisites. Permittee shall at the time of applying for a permit as herein provided agree to indemnify and save the city harmless from any and all liability, loss, cost, damage or expense from accident or damage, either to himself or to persons and property of others, which may occur by reason of the exercise of the rights and privileges granted under said permit; and shall, for the purpose of carrying out the provisions of this section, and prior to commencing construction of any kind, have in full force and effect and filed evidence thereof with the city engineer a good and sufficient policy (or policies) of insurance in a minimum amount of $1,000,000 per occurrence covering both personal injury and property damage with said policy (or policies) to be executed by an insurance company (or companies) authorized and qualified to do business in the state of Washington, naming the city as an additional insured, conditioned to indemnify and save harmless the city from and against any and all claims, actions, suits, liability, loss, costs, expense or damage of any kind or description which may accrue to or be suffered by anyone by reason of the erection, construction, reconstruction, relocation, replacing, readjustment, repair, maintenance or operation authorized pursuant to said permit or by reason of anything that has been done or may be done by the permittee hereunder which may in any way cause liability by reason thereof, said policies to remain in full force and effect during the exercise of the rights and privileges granted herein by permittee, its successors or assigns. (Ord. 98-33 § 4) 7.28.050 Permit — Application — Fees. (1) Application for a permit shall be made to the city engineer on forms provided by him. With reference to public utilities, TelePrompter Cable TV and Cascade Natural Gas Corporation, hereinafter referred to as "utilities," the director of public works may adopt rules and regulations not inconsistent with this chapter authorizing a permit for such utilities when utilizing such utilities' own work force on a project or planned seasonal basis. All other applicants shall seek permits on a project basis only. All permittees shall obtain a business license prior to the issuance of any permit hereinunder. (2) The application shall be accompanied by plans, profiles and specifications of sufficient detail to allow the city engineer or his/her authorized representative to: (a) Understand the nature of the work, the exact location and extent of the work; (b) Make a determination that if the permit is issued, that the street and alley will be restored to the requirements of the city; and (c) Have an accurate record of the type and location of the facility being installed in and/or under the roadway. In addition, the city engineer may require additional drawings, surveys and plans as he deems necessary to determine whether the proposed work conforms to standard specifications of the city and sound engineering and design practices. (3) Upon receipt of the approved application and such other requirements as he deems necessary, together with the appropriate payment of a fee, the city engineer shall issue the permit. The permit fees shall be calculated by the city engineer in accordance with Chapter 1.99 WCC. (Ord. 2009-43 § 1; Ord. 98-33 § 5) 7.28.060 Safety devices and barriers required. In case any public street, alley, pavement, curb, sidewalk or like improvement shall be dug up, excavated, undermined, cut or disturbed, the permittee shall cause to be erected and distributed, and at all times maintained throughout such excavation work, such barriers, lights, signs, flagmen and other safety devices as may be required by the public works department and the police department of the city, and in accordance with all state and federal standards, and failure to do so shall constitute a violation of this chapter. (Ord. 98-33 § 6) 7.28.070 Routing of traffic during construction. During construction, traffic shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of abutting property and to the general public; provided, that the city engineer may permit the closing of streets or alleys to all traffic for a designated period of time if, in his opinion, it is necessary. The permittee shall route and control all traffic, including its own vehicles, as directed by the police department. Before any street or alley may be closed or restricted to traffic, permittee must receive the approval of the city engineer. (Ord. 98-33 § 7) 7.28.080 Prosecution of work — Inspections. (1) Once work under the permit is commenced, permittee shall diligently complete the work in such a manner as to be of a minimal inconvenience to the public. (2) Inspections of the work shall take place by the city engineer as follows: (a) Prior to placement of crushed rock; (b) Prior to placement of temporary patch and/or first lift of permanent patch; (c) After placement of second lift of permanent patch; and (d) Additional inspections — no call required: (i) Eight to 12 months after completion and (ii) Twenty to 24 months after completion. (Ord. 98-33 § 8) 7.28.090 Construction standards. (1) All work performed under a permit as authorized herein shall be pursuant to the latest edition of the Standard Specifications for Road, Bridge and Municipal Construction as adopted by the city. In addition, work performed under the permit shall meet the following requirements: (a) All street cuts and/or trenches shall be permanently or temporarily patched prior to opening the street to vehicle traffic, except when a flagger(s) is continuously present; (b) All pavement cuts shall be made with a saw and shall be recut after placement of top rock. Crushed rock surfacing shall be a minimum of eight inches wider on each side of the original cut, or greater if necessary, as determined by the city engineer; (c) Final asphalt shall be placed in two or more lifts to a depth of three inches minimum or that of the existing roadway, if greater. Each lift shall be no more than two inches deep, compacted. For concrete streets, concrete shall be placed to a minimum depth of six inches or equal to existing street, whichever is greater. For brick streets, restoration of the street surface shall include restoring the subgrade by backfilling with crushed surfacing, sand, or concrete to match the preconstruction conditions, a minimum depth of 12 inches, or to match existing street, whichever is greater. The original bricks shall be used to restore the final surface, using mortaring techniques and a coarse pattern similar to the surrounding bricks, as determined by the city engineer. (d) Crushed Rock. Top rock, 5/8 -minus on residential local access streets shall be placed to a depth of eight inches or to match existing street, whichever is greater. All other streets, collectors and arterials shall be placed to a depth of 12 inches or to match existing street, whichever is greater; (e) In cases where a trench is generally running parallel to the roadway and more than 100 feet in length, the permittee shall remove the existing roadway to the outer edge of the roadway in such cases where the outer edge of the permittee's trench is within four feet of the edge of the roadway; (f) In cases where trenches are generally perpendicular to the roadway, such as side services, and the number is such that it represents more than one trench per 75 feet of street for a given block and the total number of trenches exceeds eight, the permittee or entity owning or operating the utility for which the service lines are being installed shall be required to: (i) Overlay the street if the existing surface pavement is less than five years old; and (ii) Pay to the city a sum representing 33 percent of the cost of an overlay based on the most current overlay project cost to the city if the existing surface is between five and nine years old; (g) The city reserves the right to require the permittee to overlay all or any portion of the roadway in such case as the roadway (old bituminous streets) is so fragile that the work of the permittee will, or has, destroyed the integrity of the roadway; (h) All manholes, water valves, etc., shall be post -adjusted after patching is complete in accordance with city standard details. (Ord. 2000-29 § 1; Ord. 98-33 § 9) 7.28.100 Restoration of surface — Failure to — City's right to — Procedure. If the permittee shall have failed to restore the surface of the streets and alleys to their original and proper condition upon the expiration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the city engineer shall have the right to do all work necessary to restore the street. The permittee shall be liable for the expense thereof upon the bond filed at the time of granting the permits, and the city shall have a cause of action for all fees, expenses and amounts paid out upon such works; provided, that in any case, it shall be the duty of the permittee to guarantee and maintain the area disturbed for two years after returning it to its original condition; provided further, that if, in the judgment of the city engineer, it is not expedient to replace the pavement over any cut or excavation made in any street or alley upon the completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made, and in case of the failure of the permittee to commence in good faith the replacing of such temporary pavement within five days after the date of such notice, the city engineer may lay such temporary pavement himself and collect the cost thereof from the permittee in the manner hereinbefore provided. (Ord. 2009-43 § 2; Ord. 98-33 § 10) 7.28.110 Violation — Penalty. Any person violating any of the provisions hereof shall be deemed guilty of a civil infraction and upon conviction thereof shall be punished by a fine not exceeding $300.00 for each day said person is in violation thereof. (Ord. 98-33 § 11) RESOLUTION NO.9 ` E`3'7 AL:.OPT EW BY THE SACRAMENTO CITY COUNCIL ON DATE OF SEP 2 3177 A RESOLUTION ESTABLLS D G TRENCH CUT COST RECOVERY FEES BE IT RESOLVED BY THE COLNCIL OF 1 HI_ CITY OF SACRAMENTO that: WHEREAS, studies performed on streets in the cities of Burlington. Cincinnati, Los Angeles, Oxnard, Phoenix. and San Francisco, and on file in the Office of the Director of Public Works, all have concluded that excavations in paved streets degrade and shorten the life of the surface of the streets; and WHEREAS. 'he studies per formed on .streets in the cities of Los Angeles and San Francisco concluded Char ti:s degradation occurs no marter how well the excavation is restored; and vir-HEREAS. La order to determine the extent to which the pavement deg: adation found by studies in other cities occurs in the City of Sacramento, the City retained CHEC Engineering Consultants, Icc. ('CHEC") to determine the effect of excavations on the surface of streets in the City of Sacramento: and WHEREAS, the study performed by CHEC. dated October 16, 19%. and on file in the Office of the Director of Public Works, determined on the basis of pavement deflection testing and asphalt concrete ;AC) coring conducted on a representative sampling of City streets, that even if pavement restorat7on in the trench itself is strucruraily adequate, excavations damage the strength and life of the pavement located adjacent co the bench where the excavation occurs; and WHEREAS, the study performed by CHEC determined that for longitudinal excavations t.V:avat:QC5 pari2el to :he direction of travel) in City streets, it '. oc:d be necessary to resurface t.'1 street, on a•:4rage. with a 1.5 inch layer of additional AC to :mitigate the damage that the e.0 Cavattoris cause to the street surface. and that the approximate :East of such resurfacing ranges rcrr, S3.00 to 56.00 per linear foot of trench excavated, depending ore the location of the trench in the street, and 9'9/97 Y it FOR. CITY CLERK LSE O L' 97-527 RESOLUTION ND. SEP 23 {^^7 DATE ADOPTED: for transverse WHEREAS. the study performed by CHEC determined that, or average. t�3 • ar.iors ! exc3'• atior. n-ansv'erse co the dire'.-..tion of C3veI\ in Clry sir eels . the approximate cost et performing repairs necessary to mitigate End damage that the exca•. atioas cause to the Street su-`ace would be at least 51.3.94 per square foot of trench excavated. which equates to a cost of 5'-.35 per linear foot for a two (2) foot trench width: and WHEREAS. on 9/23/-97 . the Ciry Council enacted Ordinance No. 97-36e finding that the entity making and benefiting from an excavation in City streets should be required to pay the City a trench cut cost recover: fee that recovers the cost of alitigaiing the damage caused to the street surface by the excavation: and WHEREAS. Ciry Code section 38.03.027(c). as amended by said Ordinanc-, requires that the trench cut c.7st recovery fee be paid when a permit is issued for excavation of a paved street, and provides that the amount of the trench cut cost recovery fee shall be established by resolution of the City Council: and WHEREAS. said Ordinance also finds and declares that because excavations cause the greatest damage to newly surfaced streets. and to provide an incentive. to avoid excavations in newly sur:aced streets wherever feasible, the tench cut cost recovery fee should be highest for excavations in newIy surfaced streets. and should decrease as the age of the street surface being excavated increases: and W: i ERE.A.S • the City Council has reviewed the studies performed on streets in the cities of Bu: hngtoa. Cincinnati. Los Angeles. Oxnard, Phoenix, and San Francisco concluding that excavations in paved streets degrade and shorten the life of the surface of the streets. and the Ciry Council has re tewed th_ study performed by CHEC, describing the damage and degradation :.nurser to the : a : emerit located adjacent to trenches excavated in raved City streets and calculating the estimated costs for all future maintenance, repair or resurfacing that would be necessary to fully mitigate this payer lent damage and degradation; and WHEREAS, the Cita Council has considered the testimony and other information, presented to the City Council regarding the basis for and the amount of the trench cut costs recovery fee. NOW. THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SACRA E\TO that: The Ciry Council finds. based on the study performed by CHEC, that the estimated cost for a:i future maintenance. repair or resurfacing that would be necessary to fully mitigate the damage and degradation that longitudinal street excavations cause to the pavement located adjacent to the excavated trench is at least 53.50 per linear foot of trench excavated. FOR CITY CLERK L'SE ONLY , 919,97 97-527 RESOLUTION NO. DATE ADOPTED: SEP 2 31'",7 �G '_. The Ciry Council finds, based on the study performed by CHEC, that the estimated cost for all future maintenance. repair or resurfacing that would be necessary to fully mitigate the ,;?.;.apt and .3egradatioc: .that trans erse sweet Pxcavatioas cause to the pavement located adjacent to the excavated trench is at Ieast $7.00 per Linear foot of trench excavated. 3. The trench cut cost recovery fee authorized by Section 38.03.027(c) of the Sacramento City Code, as amended by Ordinance No. 97--O6Pshall be in the amounts sec forth in the attached Exhibit A. which is attached hereto and incorporated by this reference herein. 4 In determining the amount of the tench cut cost recovery fee due for an excavation, the calculation of the length of the excavation and the determination of the age of the streets shall be made in accordance with the provisions of Exhibit A. 5. The fees herein.established do not exceed the estimated reasonable costs of providing the maintenance, repair or resurfacing services that would be necessary to fully mitigate the damage and degradation that excavations cause to the pavement located adjacent to the excavated trench, and such fees are established in order to compensate and reimburse the City for the estimated reasonable costs of providing such services. o. This resolution shall become effective on January 1. 1998. .ATTEST Va? aria A. aurr7wes CITY CLERK -3- Joe Se=a, Jr . MAYOR FOR CITY CLEW. LSE ONLY ;1919- 97-527 RESOLUTION No. DATE ADOPTED: SEP G1 L n7 t 1 EXCAV.. ^f�N r 2S REC EXHIBIT A VERY FEE A. Longitudinal Excavations in City Streets Age of Street Pavement Fee Less than 5 years $3.50/1inear fact of excavation Between 5 and 10 years $3.00/linear foot Between 10 and 15 years $2.0011inear foot (N?r 15 years $1.00/linear foot Transverse Excavations in City Streets: Age of _Street Pavement Fee Less than 5 years $7.0011inear foot Between 5 and 10 years $5.00/linear foot Between 10 and 15 years $4.0011inear foot Over 15 years $2.00/linear foot FEE CALCULATION A. Age of Street Pavement: The age of the street pavement where excavation occurs shall be the period of tune since the street surface was resurfaced, overlaid or reconstructed, measured from the fiscal year in which such work was completed to the fiscal year when a permit is issued for the excavation. Length of Excavation. The fee for longitudinal and transverse excavations in City streets shall be Calculated based on the length of the excavation in linear feet. SEP 2 31537 RESOLUTION No 92;L;27 EN NEELIIN CONSULTANT IMPACT OF UTILITY CUTS ON STREET PAVEMENTS BY CHEC CONSULTANTS, INC. CHEC Consultants, Inc. 8796 Airport Road Redding, CA 96002 Civil Consulting Pavement Management Asphalt Technology Construction Services Asset Management CHIC CONSULTANTS INC. 87'96 AIRPORT ROAD. REDDING, CALIFORNIA96O02 sal IF? 2:2.2223 • f800 523-2223 FA\ ,916,222-8260 TABLE OF CONTENTS INTRODUCTION 1 BACKGROUND 1 ZONE 1 1 ZONE 2 1 ZONE 3 2 ZONE 4 2 STUDY APPROACH 2 Visual Condition Rating 2 Deflection Testing 3 STRUCTURAL EVALUATION 4 Longitudinal Utility Cuts 4 Transverse Utility Cuts and Patches 9 COST ANALYSIS 16 Longitudinal Utility Cuts 16 Transverse Utility Cuts and Patches 17 CONCLUSIONS 19 APPENDIX INTRODUCTION Typically, pavements rely on continuity for strength. The design principals behind an asphalt concrete, AC, pavement design is for the aggregate base layers to carry the majority of the Toad, 70 to 80%, with the AC layer protecting the base and providing the remaining strength required. When the AC layer is breached by a crack or cut, a localized weakness in the structure is created. This area of weakness expands in size over time. This strength Toss often results in increased deflections and in time various defects may appear, i.e.,. cracks, ruts, potholes, etc. Eventually ride quality may suffer causing unsafe conditions. The ultimate result of this situation is to cause the City to incur maintenance costs to repair these areas or place a thicker than normally expected overlay. With typical cracking this cost is expected, but with the numerous cuts done by utility companies the costs are unforseen. Even when these cuts are performed in the currently accepted manner some damage occurs. In Sacramento several thousand utility cuts are made annually. It has become apparent that there is an added maintenance cost to repair the damage caused by these cuts and that the cost can be substantial. Clearly there is a need to establish a realistic cost recovery based on sound engineering principles to determine the actual cost of utility cuts. BACKGROUND At the request of the City of Sacramento, CHEC began this study to determine the extent and quantify a cost associated with utility cuts. In initial meetings it was decided to perform this study in four zones within the City. The reason behind the zonal approach was to compare results in areas with similar conditions, i.e.,. soil, history and traffic patterns. The boundaries of the zones are approximate only. ZONE 1: ZONE 2: This zone includes the area of the City that lies north of the American River. Typically, this area consists of newer, 0 to 15 year old, construction, with some areas of older construction, 15 to 25 year old. The general soil type here is gravelly clays with some silt. This zone has typical traffic patterns with the arterials and collectors being used by up to 10% trucks. Zone 2 consists of the downtown area, from the CSU, Sacramento campus to 1-5 and from Broadway to the American River. This is the oldest area with many streets older than 50 years. This area typically has silty clay native material but many of the streets have evolved over time from gravel streets and therefore have many layers of gravel under the AC. Most streets in this area have heavy truck traffic as well as transit busses. City of Sacramento October 16, 1996 Page 2 ZONE 3: This area is referred to as the `Pocket' and is generally bordered by 1-5 and the Sacramento River. This area is of moderate age, 10 to 25 1 years old with some newer areas. The area is a low lying area, probably an old oxbow of the Sacramento River. The soil type is a silty clay. Traffic consists generally of automobiles with some trucks 1 and transit buses on arterials and collectors. ZONE 4: Zone 4 consists of the southern part of the City, from Broadway south and 1-5 east. This area is generally moderate in age with some newer areas along the freeway corridors and some older areas on the north side of the zone. The native soil type is generally silty clay with some areas of gravelly clay. Traffic is typical for this zone with trucks on the arterials and collectors and transit buses throughout. STUDY APPROACH Our approach was to first review four other studies and cull out any information that could be used in this study. The studies reviewed were San Francisco, Phoenix, Burlington and Cincinnati. Based on these studies, we have decided to collect separate data and perform separate analysis for longitudinal and transverse utility cuts. Utility patches were combined with transverse cuts for analysis purposes. The reason for this decision is that any Toss of strength caused by the longitudinal cuts cover a much larger area, expressed as a percentage of the travel lane, and can be addressed by a thicker AC overlay. Transverse cuts and patches affect a smaller area, again expressed as a percentage of the travel lane, and can be addressed by a digout repair prior to a scheduled overlay. Visual Condition Rating 1 We have also concluded, based on the above mentioned studies, that using a condition index in the study is creates come difficulties. The information collected from the Pavement Condition Index, PCI, is subjective and pre judges roads with utility cuts. In trying to keep this study as objective as possible, we decided not to use PCI or any other visual condition rating, VCR, 1 City of Sacramento October 16, 1996 Page 3 system for the analysis. While appropriate for planning tools, a VCR is inappropriate in determining changes in cut or uncut pavements over time based on a one time rating. PCI versus age data are not a uniform, smooth curve due to the ongoing maintenance taking place on all streets. Instead of using a VCR system, streets were selected based on two criteria, -the presence of utility cuts and no major defects present to indicate structural failure. The result of this was the selection of streets that were generally in good condition and had utility cuts. Deflection Testing Pavement deflection testing is used extensively in this study for two reasons. First, we must be sure that a discontinuity exists within the cut sections. The deflection testing will show an increase or decrease across the cut if there is a loss of continuity. Secondly, we must determine if there is a Toss of strength on the utility patch as well as adjacent to the cut. In doing this we can quantify the Toss in strength and determine the distance from the edge of the cut that any loss occurs. In order to complete this task we must perform a baseline test in the same roadway section, but at least 10 feet away from any cut. It is important to note that comparisons are between data from a utility cut and a baseline deflection level taken from the same section on the same street. The deflection testing was performed with a DYNAFLECT deflection testing device. All testing and analysis was performed per California Test Method No. 356, see appendix. We used this device because it correlates exactly with the normal AC overlay design method used by the City of Sacramento. We used CHEC Consultants DYNAFLECT #2 for all testing. This device is correlated semi-annually with a Benklemen Beam from which a correlation table is produced, see appendix. Test intervals were at pre-set random intervals. During the deflection testing we also performed AC coring to determine accurate existing AC thicknesses for all sections. This is a requirement of the design method. We cored each utility cut to determine the structural section as well. All coring data is included in the appendix. CNN", 1 1 City of Sacramento 4 October 16, 1996 Page 4 The City provided CHEC with ADT's and associated 10 year design Traffic Indices, T.I., for each section of street tested, see appendix. A 10% truck factor was used. As stated above, we tested the two main types of utility cuts differently. Transverse cuts and patches were tested for three things; affects on continuity, Toss of strength and extent of influence from cut. In doing this we tested each wheel path, starting five feet from the cut. Testing was done at 1 foot intervals up to the cut and then five feet beyond, see Figure 1. We also tested for a baseline deflection level on the same section of street. In comparing the two sets of data we can determine if there is a loss of strength and the distance at which the influence occurs from the cut. On the individual data sheets included in the appendix we have plotted the mean baseline deflection level versus the each set of deflection data for that section. Longitudinal cuts were tested for continuity, loss of strength and associated difference in AC overlay requirement. Testing was performed on each cut as well as two feet left and right of the trench, if possible. If the cut is adjacent to a gutter pan testing on only one side is possible. Again a baseline test is done on the same section for comparison purposes. The AC overlay requirements of the test section on and adjacent to the cut is compared to the requirement of the baseline section with the difference being attributed to the utility cut. There is some additional value to using a baseline test section for comparison with deflection data from each utility cut in each street section. This comparison substantially reduces any affect that the T.I. or R -value may have on the results. In both cases by comparing the utility cut data with the baseline data from the same street section, the T.I. and R -value get factored out. STRUCTURAL EVALUATION Longitudinal Utility Cuts Each set of data was analyzed to determine the overlay requirement. We then tabulated the results and the difference between the test area and baseline result by street section, T.I., and trench age, see Table 1. We have included averages for each zone. With one exception, the deflection level and resulting overlay requirements were higher on and 1 i i w r i 3 9 TEST # TEST # 0 0' 0 0 TRANSVERSE TRENCH O 0 0 0 o = 0 WHEEL PATH WHEEL PATH FIGURE 1 H3N3M.1 1vNIanhIJNO1 TEST RUN N H TEST RUN 1- > TEST RUN STREET NAME FROM TABLE 1 CITY OF SACRAMENTO ZONE 1 LONGITUDINAL UTILITY CUTS OVERLAY REQUIREMENTS AVERAGE BASE OVERLAY TO TI AGE TRENCH 2' RIGHT 2' LEFT OVERLAY LINE DIFFERENCE NORTHGATE HAGGIN+100' HAGGIN+400' 10 4 YR 0.35' 0.35' 0.20' 0.15' NORTHGATE EL CAMINO GARDEN HY. 10 2 YR 0.05' 0.35' 0.45' 0.28' 0.25' 0.03' NORTHGATE DEL PASO LEVEE 10.5 2 YR 0.35' 0.40' 0.35' 0.37' 0.25' 0.12' NORTHGATE LEVEE GARDEN HY. 10.5 2 YR 0.50' 0.40' 0.50' 0.47' 0.30' 0.17' GATEWAY OAKS VENTURE VENTURE 9 2 YR 0.55' 0.55' 0.55' 0.45' 0.10' GATEWAY OAKS EL CAMINO END 9 1 YR 0.60' 0.40' 0.50' 0.35' 0.15' EL CAMINO FAIRWEATHER STONE CREEK 10 4 YR 0.65' 0.65' 0.65' 0.65' 0.50' 0.15' CITY OF SACRAMENTO UTILITY TRENCH STUDY TRANSVERSE UTILITY CUTS & PATCHES EXTENT OF INFLUENCE AGE STREET FROM TO LANE WHEELPATH BEFORE AFTER ZONE 1 3 Azevedo El Camino Bannon Creek N1 Left 3 ft. 2 ft. Right 3 ft. 3 ft. Bannon Creek El Camino N2 Left 2 ft. 2 ft. Right 1 ft. 1 ft. S1 Left 1 ft. 2 ft. Right 2 ft. 3ft. S2 Left 3ft. 3ft. Right 4ft. 3ft. 5 Truxei Brewerton S2 Left 4ft. 4ft. (Intersection) Right 5 ft. 5 ft. 5 Truxel 51 Left 4ft. 4ft. Right 3ft. 4ft. N1 Left 4ft. 4ft. Right 4 ft. 4 ft. N2 Left 5ft. 5ft. Right 5 ft. 5 ft. Pebblestone S2 Left 4 ft. 5 ft. (Intersection) Right 5 ft. 5 ft. S1 Left 4ft. 5ft. Right 4 ft. 5 ft. N1 Left 5ft. 5ft. Right 4 ft. 5 ft. N2 Left 4ft. 3ft. Right 3ft. 3 ft. FROM CITY OF SACRAMENTO ZONE 2 LONGITUDAL UTILITY CUTS OVERLAY REQUIREMENT AVERAGE BASE OVERLAY TO TI AGE TRENCH 2' RIGHT 2' LEFT OVERLAY LINE DIFFERENCE J STREET J STREET 51st 9th 55th 10th 9 10.5 1 YR 3YR 0.60' 0.40' 0.40' 0.40' 0.50' 0.30' 0.25' 0.10' 0.25' J STREET 12th 14th 10.5 1 YR 0.20' 0.35' 0.28' 0.25' 0.03' J STREET 16th 17th 10.5 2 YR 0.55' 0.50' 0.53' 0.40' 0.13' FOLSOM RR XING 65th 9 3YR 0.35' 0.35' 0.25' 0.10' FOLSOM HORNET SR 50 10 2 YR 0.55' 0.50' 0.53' 0.35' 0.18' 5th CAPITOL L ST. 8.5 2 YR 0.35' 0.20' 0.28' 0.15' 0.13' 7th P ST. 0 ST. 8 1 YR 0.05' 0.00' 0.00' 0.05' 0.00' 0.05' 8th J ST. K ST. 9 2 YR 0.50' 0.60' 0.55' 0.45' 0.10' 9th 1ST. J ST. 9 3YR 0.65' 0.45' 0.55' 0.40' 0.15' L STREET 9th 8th 9.5 2 YR 0.00' 0.15' 0.10' 0.13' 0 00' 0.13' P STREET 13th 11th 9 1 YR 0.30' 0.15' 0.23' 0.05' 0.18' P STREET 11th 7th 9 2 YR 0.20' 0.20' 0.20' 0.05' 0.15' JE3 JIB MB AM MIL 4:s STREET NAME FROM CITY OF SACRAMENTO ZONE 3 LONGITUDAL UTILITY CUTS OVERLAY REQUIREMENT AVERAGE BASE OVERLAY TO TI AGE TRENCH 2' RIGHT 2' LEFT OVERLAY LINE DIFFERENCE GREENHAVEN TRESTLE STAR GLOW 8 2 YR 0.65' 0.65' 0.70' 0.67' 0.55' 0.12' RIVERSIDE CEDAR PARK RIVERIA 9 6 YR 0.65' 0.70' 0.70' 0.68' 0.55' 0.13' RIVERSIDE GREENHAVEN JOHNFER 10.5 1 YR 0.75' 0.70' 0.73' 0.65' 0.08' WINDBRIDGE GREENHAVEN RUSH RIVER 9 2 YR 0.65' 0.70' 0.70' 0.68' 0.60' 0.08' E FROM CITY OF SACRAMENTO ZONE 4 LONGITUDAL UTILITY CUTS OVERLAY REQUIREMENT AVERAGE BASE OVERLAY TO TI AGE TRENCH 2' RIGHT 2' LEFT OVERLAY LINE DIFFERENCE 24th CASA LINDA NEDRA 9 1 YR 0.50' 0.60' 0.55' 0.50' 0.05' BRUCEVILLE 2100'S. JAC. JACINTO 9 2 YR 0.55' 0.45' 0.55' 0.52' 0.30' 0.22' City of Sacramento October 16, 1996 Page 11 adjacent to the trench than on the baseline section. The one exception was a section of Northgate in which the trench was in very good condition, with virtually no structural requirement. The average additional AC overlay required to put the street section in the condition that would exist if no utility cut was present, the baseline level, is as follows: ZONE 1: 0.13 feet ZONE2: 0.13 feet ZONE 3: 0.11 feet ZONE 4: 0.14 feet OVERALL 0.13 feet The overall results indicate that on average, an extra 1.5 inch of AC relative to the non -cut counterpart will be needed to put a street that has a longitudinal utility cut in structurally adequate condition. This number seems to be independent of the street classification, T.I., zone or trench age. This may be indicative of the general condition in which the City of Sacramento maintains the streets through out the City. Transverse Utility Cuts and Ptch_es The results for the tests adjacent to the transverse utility cuts and patches have been tabulated, see Table 2. The purpose of this testing was to determine the distance from the edge of the cut that the pavement is influenced by the cut. This purpose is based on the understanding that the proper repair for these weak areas is to perform a digout repair prior to an overlay. Along with testing the cut areas, we tested a baseline area for each section of street tested. The mean deflection level of the baseline data was then plotted on each corresponding data sheet where the extent of influence was measured. All data sheets are included in the appendix. We have included averages for each zone and trench age. Results seem to be independent of T.I. while being dependent on zones and trench age. Dependency on zones may relate to the different soil types and to a lessor extent the approximate age of the street. Zones 3 and 4 have the poorest native soils and the highest average extent of influence. Dependency on trench age appears to be on a zone by zone basis only. Those averages and a City wide average are as follows: ZONE 1 (Continued) EXTENT OF INFLUENCE AGE STREET FROM TO LANE WHEELPATH BEFORE AFTER 5 Truxel Tum Lane Saginaw NI Patch 4ft. 5ft. Patch 5ft. 5ft. Patch 3ft. 2 ft. 4 Northgate Bowman North N2 Left 4 ft. 4 ft. Right 3ft. 5ft. N 1 Left 4ft. 3ft. Right 4ft. 2 ft. Indiana Bowman S1 Left 4 ft. 4 ft. Right 3ft. 2 ft. S2 Left 3ft. 4ft. Right 3ft. 3ft. 51 Left 3ft. 4ft. Right 3ft. 4ft. S2 Left 5ft. 4ft. Right 4ft. 3ft. Bowman Indiana N2 Left 2 ft. 4 ft. Right 3ft. 4ft. Before N 1 Left 3ft. 3ft. Right 3 ft. 3 ft. N2 Left 4ft. 3ft. Right 4ft. 3ft. N 1 Left 3ft. 3ft. Right 3ft. 3ft. After Combined 3 Yr. 2.375 2.375 2.375 4 Yr. 3.400 3.400 3.400 5 Yr. 4.160 4.370 4.260 TOTAL 3.310 3.380 3.350 EXTENT OF INFLUENCE AGE STREET FROM TO LANE WHEELPATH BEFORE AFTER ZONE 2 2 8th Capitol L Street N3 Right 3 ft. 4 ft. Left4 ft 3 ft. N2Right 5 ft. 4 ft. 1 Folsom 49th E2 Right 4 ft. 3 ft. (Intersection) Left 0 ft. 0 ft. W1 Left 2ft. 2ft. Right 1 ft. 2 ft. El Left 3 ft. 3 ft. Right 2ft. 2ft. W2 Left 3 ft. 4 ft. Right 5 ft. 4 ft. Before After Combined 1 Yr. 2.500 2.500 2.500 2 Yr. 4.000 3.670 3.830 TOTAL 3.250 3.080 3.160 AGE STREET FROM EXTENT OF INFLUENCE TO LANE WHEELFATH BEFORE AFTER ZONE 3 3 Riverside Lazy River Rivertree N2 Right 3 ft. 5 ft. Left 4ft. 3ft. N1 Right 4ft. 5ft. Left 4ft. 4ft. 2 Clipper N2 Right 2 ft. 3 ft. (Intersection) Left 3 ft. 2 ft. N1 Right 4ft. 4ft. Left 5ft. 5ft. 3 Florin Noah W2 Left 4 ft. 4 (Intersection) Right 4 ft. 5 ft. W1 Left 4ft. 3ft. Right 5ft. 5ft. Before After Combined 2 Yr. 3.5000 3.5000 3.5000 3 yr. 4.0000 4.2500 4.1250 TOTAL 3.7500 3.8750 3.8125 EXTENT OF INFLUENCE AGE STREET FROM TO LANE WHEELPATH BEFORE AFTER ZONE 4 2 Valley Hi Torrente W1 Left 5 ft. 5 ft. (Intersection) Right 5 ft. 5 ft. El Left 4ft. 5ft. Right 5 ft. 5 ft. 2 Meadowview 24th El Left 2 ft. 3 ft. (Intersection) Right 3ft. 5ft. E2 Left 3ft. 5ft. Right 3ft. 5ft. 1 Power Inn Berry N2 Right 3 ft. 4 ft. (Intersection) Left 3 ft. 2 ft. N1 Right 3ft. 4ft. Left 4ft. 5ft. 81 Left 4ft. 3ft. Right 3ft. 3ft. 82 Left 5ft. 5ft. Right 5 ft. 5 ft. 3 24th 22nd 23rd S2 Right 5 ft. 5 ft. Left 5ft. 5ft. Before S1 Right 5ft. 5ft. Left 5ft. 4ft. N1 Left 4ft. 4ft. Right 5ft. 4ft. After Combined 1 Yr. 3.7500 3.8750 3.8125 2 Yr. 3.7500 4.7500 4.2500 3 Yr. 4.8300 4.5000 4.6700 TOTAL 4.1100 4.3750 4.2400 1 i City of Sacramento October 16, 1996 Page 17 ZONE 1: 3.35 feet ZONE 2: 3.16 feet ZONE 3: 3.81 feet ZONE 4: 4.24 feet CITY WIDE: 3.64 feet These represent the distance on both sides of the trench where the pavement has lost strength and will require repair prior to overlay of the street. The numbers shown above should be used to quantify the amount of repairs required. The total formula can be expressed as follows: A=(W+2D)L where: A=Area of repair(sq. ft.) W=Width of trench(feet) D=Extent of influence(feet) L=Length of trench(feet) For patches the formula can be expressed as follows: A=(L+2D)(W+21)) where: A=Area of repair(sq. ft.) L=Length of patch(feet) W=Width of patch(feet) D=Extent of influence(feet) It can be noted on the data sheets for the transverse utility cuts, see appendix, that the actual deflection of the trench itself was omitted. This is because of the fact the majority of these trenches have been backfilled with some sort of controlled density fill like lean concrete slurry. The representative deflections are low, indicating the pavement section over the trench is in sound condition. This is an indication that utility cut restoration within the last few years has improved. This is not entirely unexpected as the patches are far newer than the original pavement, the high quality compaction machines available today and the use of controlled density fills. It is our opinion that the current standard used by the City of Sacramento for utility cut restoration is adequate. 1 City of Sacramento October 16, 1996 Page 18 By obtaining at least ten test points in each test section as a baseline deflection level, we feel the comparison with each utility cutis very accurate. This is the most accurate method to show what each section needs to meet its structural requirements at this point in time. By obtaining baseline information in this manner we have tried to factor out affects of differing traffic levels and soil conditions. If there is an area of weak soil, for what ever reason, then the same area of weak sail will be under the baseline deflection test area as well. Although some parameters may vary from street to street, they rarely vary much on the same street in the same block. Because of this comparison, where the difference between the overlay requirement of a disturbed section is compared with the overlay requirement of an undisturbed area in the same section of the same street, the affects of an erroneous T.I. can be factored out. If the T.I. increases or decreases it will do so for both sets of data, thus leaving the same difference. COST ANALYSIS Longitudinal Utility Cuts Based on the results shown above and considering the direct and indirect costs associated with an increased overlay thickness, this cost analysis was prepared. Because we are only considering the costs associated with the additional thickness of AC required we are not including costs for manhole adjustments. In most cases the utility companies are responsible for raising their own manholes anyway. Other costs like wedge cutting, crack sealing, restriping and replacement of traffic detector loops are not included since they would be incurred with an overlay anyway. The life of the AC overlay, based on deflections in areas of utility cuts, will be ten years, as outlined in the test method. Without historical data for each street we can not assign a cost for the loss of life due to the utility cut. The best we can do is include the cost due to the additional AC required. The test method calculates a ten year design life for both the baseline section and the cut section. The difference between the two is what is lost due to the utility cuts, in this case an average of 1.5" of AC. It is this difference that we will calculate a cost for. We can not realistically assign a cost for any loss of life for the new overlay because we can not assume that this section of street will be cut again, and the deflection test method designs the overlay based on the existing cuts resulting in a ten year design life. 1 1 1 1 1 1 1 1 1 r 4 1 City of Sacramento October 16, 1996 Page 19 We have derived two separate costs for longitudinal utility cuts based on the location of the cut. If the cut is completely within one lane the cost is calculated based on a 12 ft. wide lane. Today construction technology exists that make it possible to cold mill edges so as to place different thicknesses of overlay in adjacent lanes with little or no affect on the surface profile. If the utility cut is within 3 feet of a lane line the entire width of road must receive the same overlay thickness. For calculation purposes we used a width of 24 ft. We have assumed the AC cost to be $26/ton, with the AC material weighing 150 pcf. Based on this the cost is as follows: 12 ft. Lane width. Quantity=(0.13ft. x 12ft. x 5,280ft. x 150pcf)/2000Ibs/ton =618tons/mile Cost=618tons/mile x $26/ton =$16,068/mile or $3.04/L. F. of trench Say $3/1.f. of trench 24 ft. Lane width. Quantity=(0.13ft. x 24ft. x 5,280ft. x 150pcf)/2000Ibs/ton =1,236tons/mile Cost=1,236tons/mile x $26/ton =$32,136/mile or $6.08/L.F. of trench Say $6/Lf. of trench Transverse Utility Cuts and Patches Repair of the damaged area around these types of cuts are fairly simple. The goal is to meet the guideline set out by the Asphalt Institute for local repairs. In localized weak spots, much like the areas adjacent to the utility cuts, structural patches should be designed using Full -Depth AC to ensure strength equal to or exceeding that of the surrounding pavement. It is important to note that performing a local repair is a preparation of the existing pavement for an AC overlay where as a utility cut is rarely considered a preparation for an overlay. While structural patches and utility patches are virtually identical initially, the structural patch receives an overlay on top to help protect it from the environment and tie it in with the rest of the pavement section. The utility patch on the other hand is usually left for many years. exposed to traffic and the environment and forms a discontinuity. City of Sacramento October 16, 1996 Page 20 The cost for constructing structural patches in the areas of localized weaknesses is simply based on the size of the area and the depth of patch. For analysis purposes we have assumed a depth of six inches. At minimum the existing thickness of AC should be matched though. Using the formulas derived above we can calculate the cost. The trench width and patch size vary but for example purposes we will use a trench width of 2 feet and length of 24 feet and a patch size of 4` x 5'. A=(W+2D)L (For transverse trenches) where: A=Area of repair(sq. ft.) W=Width of trench(feet) D=Extent of influence(feet) L=Length of trench(feet) A=(L+2D)(W+2D) (For utility patches) where: A=Area of repair(sq. ft.) L=Length of patch(feet) W=Width of patch(feet) D=Extent of influence(feet) Example INFLUENCE(ft.) TRENCH(sq. ft.) PATCH(sq. ft.) CITY WIDE: 3.64 feet 223 139 We have assumed a cost for the structural patching to be $3.00/sq. ft. TRENCH REPAIR COST PATCH REPAIR COST TOTAL COST TOTAL COST CITY WIDE $669 $417 City of Sacramento October 16, 1996 Page 21 This cost equates to $13.94 per square foot of actual cut pavement for the trenches and $20.85 per square foot of actual patch. These costs are based on the structural patches being done in conjunction with a larger construction project and will be much higher if the patches done separately. CONCLUSIONS In performing the above explained analysis we have proven without a doubt that utility cuts cause a discontinuity in a pavement structure. This discontinuity can be seen on the data sheets included in the appendix. We have also quantified the Toss of strength within the adjacent pavement due to the utility cuts and determined the approximate extent of influence. By performing deflection testing in a manner in which any major affect caused by soil or traffic differences are factored out we feel the results of this study are very accurate. The very nature of deflection testing is to measure the pavement response to an applied load as it exists at that instant in time. By selecting test sections that have no major defects we have attempted to negate the affects of structural failures caused by other factors. Performing a VCR on the test sections and then trying to correlate that with age of the road is haphazard at best due to the numerous parameters that leads to a particular road's current condition, as shown in the four past studies we reviewed. Instead, the deflection data of a road with utility cuts has indicated the additional AC overlay required at this time to provide the same design life of the road with no utility cut. We have based this study on the following assumptions and limitations: 1. The performance of the street sections with time was not compared in this study. That type of study would involve gathering data for as much as 30 years. Therefore, we adopted the "snapshot in time" approach. 2. This study is completely unique to the City of Sacramento. The results and conclusions are not applicable to other agencies. City of Sacramento October 16, 1996 Page 22 3. This study did not account for variations in restoration techniques. The City currently has a standard restoration technique that has been in-place for approximately 6 years, see appendix. The City does not feel it will have the manpower necessary to provide full time inspection on all restorations to insure full compliance so it was thought best to test how the restorations were actually being completed. By doing this we then can average the results to determine_ any damage caused to adjacent pavement. As a result of this study, we feel the majority of the actual patching in the cuts are structurally adequate and the concern is directed to the adjacent pavements. . 4. Formulas were derived to calculate costs associated with utility cuts fairly and accurately. Items that were not directly or indirectly associated were not included in the calculations. 5. It is further recommended that additional testing and observations be undertaken in the corning years to track and modify these cost calculations as warranted. The information from the new Pavement Management System could be applied as well as any maintenance history. Distributed at the# Meeting )4L -f--/ c_orntiptyeAks .6440./4 ;Chapter 8.72 ENCROACHMENT PERMITS, AND EXCAVATIONS,,IN PUBLIC RIGHTS-OF-WAY Sections: 8.72.010 Purpose. 8.72.020 Definitions. 8.72.030 Encroachment permit required. 8.72.040 Conditions of permit. 8.72.050 Execution of work. ;Not Used,8.72.070 Fees. 8 72.080 Violations. 8.72.010 Purpose. ' f The purpose of the chapter is to preserves thhe safety of the pu¢lic and to preserve, protect and improve the quality of city roadwajrinfrastructure by regulating,the uses of and construction in the public right-of-way•%?r; 8.72.020 Definitions. The following terms used in thrs-chai e ter shall havthe meanings set forth below. . ///i;, /;,. "Applicant" means the person applying for an encroachment permit, as well as any person owning or operatin�facillities or requesting to stall,facilities<for which the encroachment permit is being requested'' '%%,, �% J% ,I • /,, "City' means the;city of Yakima. � j, "Director',;means the director of the;department of utilities and engineering or designee(sj! %%% j,,, '!! "Encr✓r roachment" means the use�of city rights-of-way to perform excavations, construction ori•. related work -,,,building or property maintenance including exterior window cleaning; to access overhead or underground public or private utilities; to place or store construction equipment, materials, trailers.'containers, dumpsters, or bins; or for any other similar or related purposes. �f, "Facility" means;an.underground above -ground improvement or structure. "Known facility" means any facility that can be observed visually, is marked correctly in the field or is shown correctly on any contract, plan or permit document. "Permittee" means the person to whom an encroachment permit is issued, as well as the person owning or operating the facility or installation for which the encroachment permit is issued. "Person" means any individual, agency or other public or private entity, firm, business, franchisee, contractor, company, corporation, city department, partnership, governmental Deleted: , f Deleted: AND PLACEMENT OF FACILITIES J Coiiiment [DC1]: The information in this section would be more appropriately placed in the City's design standards. Deleted: 8.72.060 Additional requirements for dry utilities. l Deleted: ¶ agency, or other combination of individuals of whatever form or character, including any person performing work under a contract between the person and the city "Public easement" means any easement or right-of-way owned or controlled by a public agency or by a public utility "Public right-of-way" means the area across, beneath, in, on, over, under, along and within the public streets, roads, sidewalks, and alleys within the city and includes public utility easements dedicated to the city "Utility box" means any underground box, terminal or e�� Iosure. "Utility cabinet" means any above ground cabinet, pedestal, transformer, communications terminal or box, feature or appurtenan'c'e% , ///ice //J/ �j�Aice, "Utility company" means a public or private/eentity, incuding=the city of Yakima, that provides utility services including, but not Iimitetto, electricity, gas, sewer, water and communications. d/ %i, "Utility pole" means any structure used to supprhead wires, cables,.transformers, and appurtenances, and includes guy%wires used for .:,,,,,,,..,./74,::yppoing utility poles. "Utility vault" means any underground'th providingacccess to subterranean utility equipment. .4 4 "% ,�-,,,O,„ j M(1 O/ 8.72.030 Encroachm�pr r quired.<//.2;, A. It is unlawful fony person to r'aencroach within public rights-of-way or other city property, to dig up, break, excavate K,use, occupy ,tunnel, undermine or in any way obstruct or disturb any street, alleyis dewaIk highway t oroughfare or oth�e�public place, or fill in, place, leave or deposit n or--u'pon arty sidewalk;or public place�aray article, material or thing whatsoever tending to obstfuct, disturb or interfere withtthe free use'of the same, without first obtaining an encroachment permit from.the directorand to thereafter complying with the requirements of the �., .moi .,�� permit. Without limiting the scflpe abovekthe following activities require an encroachment permit: `�%r �� 1) Any excavation in;the public right-of-way for the installation, repair or removal of any pipe, conduit,du9t, un:"nel, utility pole, cabinet, vault or box or any other facility or installation or fo�r••arpy,•other purpose; 2) Short duration operations, including but not limited to: landscaping/landscape maintenance, curb cuts, lifting with crane or boom truck, concrete delivery, concrete cutting, asphalt repair, utility repair, and utility locators using destructive methods. 3) Placement of dumpsters/drop boxes in the right-of-way. 4) Transportation of non -street legal construction equipment, spoils, rock, debris, fill dirt. 2 i. Water wagons, scrapers and overweight loads are prohibited from being driven on paved roads. B Nothing in this chapter shall be construed to prevent any person from maintaining any utility facilities in or under any right-of-way by virtue of any law, ordinance or permit; or from encroaching in the public right-of-way as may be necessary for the preservation of life or property in the case of an emergency, provided that the person shall notify the director, and obtain an encroachment permit in arrears, within one day after the offices of the city are first opened subsequent to the encroachment. 1) Encroachments authorized by this section shall be subject to all fees and requirements of this chapter /i/' 2) The director may use the "one -call" designation,or any other information as a basis to determine whether or not the work actuelly`,,:constituted an emergency ''%M' ''!.%. 3) Inappropriately claiming that work constitutes an emergency ill result in violations under Section 8.72.080 of this code. /f! ';j�,. /// F`f C Permits are not transferable. All persofr nncroaching n the public dight -of -way must obtain their own encroachment permit, insurance andhbondirig -A subcontractor may not work under their general contractors permit; however, perm',ittees;w"orking in the same%area or job site are encourages to coordinate their worliwithin the same;traffic control plan if possible. 1) Encroachment within the;boundarles,of a city. approved residential or commercial subdivision, prior to public access':being granted to the subdivision, does not require an encroachment permit j ',/,;• % • �` '�'� / J'r 2) Encroachment adjacent to or off:siteof said subdivision, at all times requires an encroachment permit.,�:y� ' � D The director may issue blanket permits to any„person to encroach within the public right- of-wa o, ublic utili %asement;for utili se(iice•connections, for the location of trouble in utility conduits;or pipes and for:making repairs thereto; or for other repetitive and predictable work. y1 �1; nket permit,hall be is ued for a minimum of a month and a maximum of one year //% �;� ,' 2) ;Encroachments authorizedby this section shall be subject to all fees -and requirements of this chapter. E. This chapter shall notapply to political signs placed in public right-of-way pursuant to YMC 15.08.040 and YMC 8.20 010, or special events permitted under Chapter 9 70 YMC 8.72.040 Conditions of permit. A. The encroachment permit application form and submittal requirements shall be in such form as prescribed by the director At a minimum, the following information shall be required for application: Comment [DC2]: It was asked whether blanket permits would have to comply with work hour requirements. To be fair, they would. 1 1) General i. The name and residence or business address of the applicant; ii. The location and approximate area of the encroachment; iii. The purpose, a plan or drawing, and a schedule for the proposed period of encroachment; iv A traffic control plan; v Insurance and bond; vi. If the proposed work includes excavations, a plan showing the specific location and area of the excavation, including. -the dimensions of its length and width, and any other information that may;tieldeemed by the director to clearly explain the work. /// 2) The applicant shall pay fees as determined by Section 8.72.070 of this code. i No fee or requirement authorized'or imposed pursuant to this chapter shall be construed to affect or alter i,gny way any obligationt public and private utilities with facilities installedafi any public right-of-waybto;,elocate the facilities at no cost to the city, in;the eventthat relocation'is required by the city to accommodate a proper governmental use of the pu6licsfight-of-way %1%%i , Jr''%%'i/ rr B The permittee shall, at a minimum!be responsible,for public safety as follows. ' ':��r..- o/rte, Comply with all current federal, state;and, local safety regulations and all federal and state disabilityaaws-including those requi�ing�an accessible path of travel. rr iiCJI /� �// %Uri 2) Utilize;appropriate traffic control;;per'the Manual on Uniform Traffic Control Devices (MUTCD);;at all tine's for the duration of the permit. Jr. :cif ,r .6., 3)/rafic,ontrol.pians shallbein cludViedm. ith all permit applications. .': i. Traffic control plans shall be designed and drawn, using MUTCD standards, by an American Traffc Safety Services Association (ATSSA), or equivalent certifying entity, certi led Traffic Control Supervisor Said person shall also be %" certified by the.oru directnder applicable Department of Utilities and ,, �iEori-ngineering policies and procedures. ii. Traffic control plans shall be site specific and professionally produced utilizing appropriate computer software. Generic plans or hand -drawn plans are not acceptable. iii. The level of complexity required for traffic control shall be commensurate with the duration of work and location of work as defined in the MUTCD iv. The director may require that revisions be made to proposed traffic control plans and haul routes in order to cause as little inconvenience to the traveling public as possible. 4) Excavations shall not be Ieft,unprotected at the end of a shift unless continuous shifts are planned. Formatted: Font: (Default) Arial, Font color Black Formatted: Indent: Left: 0.5", Space Before: 0 pt, After: 10 pt, Line spacing: Multiple 1.15 li, No bullets or numbering Deleted: <#>¶ Deleted: open Backfill, steel plates, security fencing and other safety options may be considered on a case-by-case basis by the director ii. Barricades, warning tape and plastic fence are not acceptable alternatives. 5) Haul Routes. i. The director may dictate the haul route and the hours of operation for the haul. ii. All costs associated with the haul, including moving and reinstalling existing structures and infrastructure, shall be borne by the)applicant. Iii. Over dimensional and overweight vehicles may be required to obtain permit, comply with route restrictions and pay fees as defined bV Yakima Police Department procedures.) %e/'_ %,, / /lli C The permittee shall designate an employee�responsible for the installat on, maintenance and removal of barricades and warning signs, as required bythe�approved traffic control plan. 1) Barricades shall not be placedron sidewalks,' pedestrians or bike paths, or dedicated bike lanes unless said pathwaysarepermitted to,be closed. /,,,,. 2) Barricades, including,supports,'shall be m fed outsidethe clear zone when not in use. 4 5, -,72,..0./..„,,,, ..,�, 3) The city will inspect barricading for compliance with approved traffic control plans as /��,,/j/ 7,,,f/;; -4.9%-/- ,/o• 0,; . Adeems.necessaryi' ',�,, .4r,,, Barricades and .warning:_signs shall be removed from the right-of-way promptly at the completion of the�work. lf�� f i'%Barricades andwarning signs not removed by 3:OOPM the day that the work is%Ccomplete shall become the property of the City of Yakima. F'//�%J.ii >/ D All flaggers shall be trained'and certified by a training agency normally engaged in the business of flagger training. Flaggers must show certification cards on request. Approved safety wear is required. E. The permittee shall be responsible for the utility location service, surface (asphalt, concrete, other) cut, excavation, backfill, compaction, surface replacement, testing, any necessary remedial work, and materials incorporated in the work. F Indemnification, hold harmless, insurance and bond. Formatted: Indent: Left: 0.5", First line: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75" Comment [DC3]: Added at the request of the VPD so that Engineering may assist YPD with their oversize/overweight permitting process. 1) Indemnification and hold harmless. i. Applicant agrees to protect, defend, indemnify, and hold harmless the city, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction,:to a third party or third parties /.%//�� to the extent caused by any negligent act'and/or omission of the applicant, its officers, employees, agents, volunteers andior subcontractors, arising out of ///i/�/'mo. or relating to the issuance of a perrriit�to applicant pursuant to Chapter 8.72 i ./// YMC or the work done by applicant or its sub oc n"tractors after receiving the //..V/' permit, and/or the performance'of work done pursuant to a contract with the city w;s ii. Nothing containediin this section'orthiscontract shall be construed to create a liability or a right ofsindemnification'in'.any third party 2) Insurance. �,/// / i. Gene l;Req �/ments. '/ /' //i pf Vii, /� „ /.., a)�The applicant shall obtain the insurance described in this section from •,,.rnsurers-approved by'tle/State Insurance Commissioner pursuant to / ,/fir RCWTitte;;4f ;The insurance must be provided by an insurer with a ✓,;. j rating f�A- Vrl7'''`-higher ithe A.M. Best's Key Rating Guide, which '�/,/;;is licensed to do business in the state of Washington (or issued as a ,:surplus iinby a Washington surplus lines broker). The city reserves they fright to approve or reject the insurance provided, based on the insurer. (including:fnancial condition), terms and coverage, the certificate of insurance, and/or endorsements. f%b), The applicant shall keep this insurance in force during the term of the �jaffe�ctea' work and for thirty days after the physical completion date, 'unless/ otherwise indicated (see subsection (c) below). c) If any insurance policy is written on a claims -made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this permit. The policy shall state that coverage is claims -made, and state the retroactive date. Claims -made form coverage shall be maintained by the applicant for a minimum of thirty- six months following the final completion or earlier termination of this permit, and the applicant shall annually provide the city with proof of renewal. If renewal of the claims -made form of coverage becomes unavailable, or economically prohibitive, the applicant shall purchase 6 an extended reporting period ("tail") or execute another form of guarantee acceptable tothe city to assure financial responsibility for liability for services performed. d) The applicant's and all subcontractors' insurance coverage shall be primary and noncontributory insurance as respects the city's insurance, self-insurance, or insurance pool coverage. e) The applicant shall provide the city and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. f) Upon request, the applicant shat forward to the city a full and certified copy of the insurance policy(ieiV, The applicant shall not begin work undeOhe permit until the required insurance has been/•/7/..„, ,obtained and approvedyby the city. f� . h) Failure on the part of the applicant to maintain 'the� nsurance as required shall constituteterial b each of permit pon which the city may, after giving five busmess�da'ys' notice to the;applicant to correct the;breach, immediately;te(minate the permit. i) All costs for insurance,shall be the -responsibility of the applicant. ii. Additional Insured. All insurance policies with the:exception of workers' compensation -shall namethefollowinglised entities as additional inssure'd(s): 'J i, ,/' r�. a)'The cityand:its elected wind appointed officials, officers, employees, �i/i. , j�iiiiia.,, agen % (iwoluriteers. b) The above -Misted entities'shall be additional insured(s) for the full availa, ble limits of liability maintained by the applicant, whether iii. s;,contingent or imia�ainotherwise,certificate such taedb ttheapintargrarat required by this , and irrespective of ehof i tion d scn6 srovidelt b i/m is lower the thantn those mursuant anta nsection ed by thDof this e applicant. iii. Subcontractors. Applicant shall ensure that each subcontractor of every tier obtains and maintains at a minimum the insurance coverages listed in subsection E of this section. Upon request of the city, the applicant shall provide evidence of such insurance. g) iv Evidence of Insurance. The required certificates of insurance in subsection F of this section shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this contract or permit. The policy shall name the city, its elected and appointed officials, officers, employees, agents and volunteers as additional insureds, and shall contain a 7 clause that the insurer will not cancel or change the insurance without first giving the city prior written notice. A copy of the additional insured endorsement will be included with the certificate. The insurance shall be with an insurance company or companies rated A-: VII or higher in Best's Guide and admitted in the state of Washington (or issued as a surplus line by a Washington surplus lines broker). v. Coverages and Limits. a) Insurance. JJJ /� a. At all times during performance of the services, applicant shall secure and maintain in-effe`ct-insurance to protect the city from i��iJ �/ter and against all claims damages,,losses, and expenses arising out of or resuiting)from the performance of this contract or permit. Applicaint sJtiall provide andi4iiaintain in force insurance in limits no lesthan that stated below as applicable. The city reserves the frigltto require higher Iimits%hould it deem it necessary in the':b st intteer st of the publietl,�j� b. Commercial General Liability Insurance. Before this contract or JJf permsfully executed'byyp tpe parties, applicant shall provide the cityywith''a%rtificate ofinsurance as proof of commercial liability•insurance;and,commercial, umbrella liability insurance with a totai::minimui1i bility linin f one million dollars per %!occurrence c9mbined single;limit bodily injury and property damage, and twosmillion dollars general aggregate. The aggregate Iirriitiwill apply "per job" or "per project." The policy wilOnclude Washington stop gap (employer's liability) coverage r, , ,Commercial Automobile%Liability Insurance. a:),,„ If thevaapplicant owns any vehicles, before this contract or permit is.fiully executed by the parties, applicant shall provide 'the city with a certificate of insurance as proof of commercial '`%automobile liability insurance and commercial umbrella liability iJ,,, insurance with a total minimum liability limit of one million :";A dollars per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "any auto" and be shown on the certificate. b. If the applicant does not own any vehicles, only "nonowned and hired automobile liability" will be required and may be added to the commercial liability coverage at the same limits as required in that subsection above entitled "Commercial General Liability Insurance." 8 c) Workers' Compensation. The applicant shall comply with workers' compensation coverage as required by the industrial insurance laws of the state of Washington. 3) Bond. i. The applicant shall provide a minimum of $10,000 bond to assure successful completion of the permitted work. The city may use this bond complete unfinished work or to correct any damage to existing infrastructure that is caused by the permittee. ii. The bond may be written for a single vent?a specific duration or it may be evergreen. ��/ el it ar✓„ iii. The city reserves the right to request additional�bonding should it be determined that the amount o#;the work or risk exceeds the capacity of the bond. r/,'/://7 Oji . iv If the bond is for a single event, -the bond -shall be retumed;to the permittee upon successful completion of the*orkAsdetermined by the,;director v This requirement isnot"inaddition or instead of the bonding/insurance requirements for a , capitalirnprovement;project. ,�� �r�% f'//ii.•.�✓ice //i//inn," G. Roads less than fivesyears;oId shall notbe cut, a cept;for the repair of leaking wet utilities ,,XY;/" 'f!/1/„z .. /f//1% '.W/7/i�•. buried under the;roadway. A-list.of roads whichcannot be,cut may be obtained from the director '�,��� '� ��%,� •r i/.iii �i '''"/ :/.j :'i%///, - ,, H. The permitteeshall notify<the:directorimmediately upon completion of the work. I. The",city.will provide any/n/ cessaryin spections, during normal business hours, at no cost to the permittee. Should the;permittee;request inspections outside normal business hours, or should the•ditector determine,that such'inspections are necessary to ensure public safety, the permittee"sha pay for a inspection cost, including overtime costs. J. Except as otherwise"expressiy provided herein, all costs of complying with this chapter shall be borne by the applicant/permittee. K. Upon receipt of a complete encroachment permit application package, the director shall determine and set forth all requirements, approve or disapprove the application, and, if approved, sign and retum it to the applicant with a permit number. 1) Each permit will state the start date and completion date of the permitted work. 2) The director may grant extensions of time. 9 i. The permittee must request the time extension at least 24 hours prior to the stated completion date of the permit, otherwise a new permit must be applied for ii. Additional fees required by the requested extension must be paid prior to the issuance of the extension. 3) The director may modify the permit if circumstances or conditions appearing after the work is started make it impossible, dangerous or excessively inconvenient to the travelling public for the permittee to comply with the requirements of the permit. iii .4. 4) No person in violation of any requirement of this:chapter shall be issued an encroachment permit, nor shall any contracton�or agent apply for or be issued an encroachment permit on the person's behalf�ntetlie.outstanding violation is corrected. � ' t/'%, %V?.. j' . i. The foregoing requirement is p addition to any penaityd or remedy for violation that may be imposed or sought by the city at law or equity �f if !/JJ 8.72.050 Execution of work. ',7 — 'tJ,f'i'r A. Work hours. /i. .0./7 f f 1) Work hours shall'be.9:00 a.nn.'16;3:00 p.m' inclusive of;setup and tear -down of traffic 0,W/ 41//// -s'dli jf%'//",%% f✓ • 7 control devices. !%r%. /�/f !/ , 7'/ 4. .,,.fwd./-s-...-..--q..-._4e..«„.-_:_c',_Y__._e...^_:_'J--_____.-«h;.n ,, i. IThedirector;'may authorize alternative:workhhours;f.if;;the;scope.of the;wortc�is f ' gid'such that the'publ(c s interests would besttbe served by. altering theYwork %✓,jll' ho_ urs. W. tl,/ij•,. ✓ •�" ii. The applicant shall'request the director's determination on alternative work �'✓.-e7 / hours with the initial submission of the permit. %J: f 'i iii. The;director may require alternate hours, including nights or weekends, for operatlo/ns-that'unduly disrupt traffic flows or represent potential safety hazards171 B. Any person engaged in activities authorized under an encroachment permit shall, at all times while such work is in progress, keep at the job location the original permit, or a copy thereof, and on demand, exhibit the permit to the director or any police officer. The director, may require that at all times while the work is in progress the person also maintain at the job location, a sign, barricade, or other device bearing the person's name, the permit number and a relevant city telephone number 10 Commen [DC4]: Work hours were discussed in, ,the open meetings with industry. representatives_ :While the 9,3 hours a re' restrictive,, they are.meant oto protect the commuting public from'unnecessary i, b. , e t r..... 1 obstructions wen.they are,trymg,to geT to�work. r' liow. e w rk hoi..,. %This paragraph (i)'allowstBe work-hours�.to altered,if' i rr... Maims sense (night wok; 24-hour work for" - pipeline,work extended hours for low traffic commutedirections etc) The possibility of only using the 9-3hours on'arterials and collectors allowmglonger work hours in'residential areas. ti ,;(depending on the amount of disruption was also ;,discussed aridhas merit 3 •` C Permittee shall conform to any public notification requirements included in the permit, contract documents, or approved plans. D Right-of-way crossing. 1) Crossings shall not unreasonably interfere with or unduly impair the proper and safe use of the right-of-way or adjacent properties. 2) The legal owner of the property benefiting from the crossing shall be signatory to the //.,r;;/ permit application. �,,.. 3) If a crossing is being proposed in conjunctio ywith th , onstruction of a new building or the remodel or renovation of an existirig,building, approval for the crossing shall be obtained prior to the city's issuance,of the building permit�The encroachment permit must be obtained prior to starting construction of the crossing. E. All persons performing work shall;take reasonable precautions not to damage:or destroy existing facilities. /,�///f�'f ,•,.., �'` .41; i% F Excavation requirements. f/� /� /��, /`%�i . ' / . 'fir.. 1) Except for, requirements subject to the exclusive1urisdiction of another regulatory agency, thetIocation, depth and oth'er,phy'slcal characteristics of any facilities for which an encroachment permit is issued shall be subject to approval of the director, and all backfilling; compaction and pavement restoration performed for any ,excavation shall`comply;witli;ttieCityf's d /sign standards. - i. Permittee shall:coordinate theirrlhstallation with existing facilities to minimize .,,,4/ `'%i of such ngtits of way o other damage:,to;, and avoid undue dpublctlplaces. on and interference with the public use �;i; , The directormay require that utilities be installed using directional drilling or '•.;;dt other guideunneling process. [Hole -hogs or other non -guided processes are not acceptable. 2i i//./ 2) No trench shaltbeopened in any street for the purpose of laying pipes, conduits or ducts more thanfour hundred (400) feet in advance of the pipe, conduit or ducts being placed in the trench, except when the prior written consent of the director has been obtained. 3) The excavated pavement and other rubble shall be removed, together with any surplus excavated material, within one working day from the time such material is placed upon the street. 4) Whenever a pavement cut is required, pavement shall be sawcut to neat, true lines parallel and perpendicular to the centerline of the road. 11 Comment [DC5]: There are a couple industry reps that have expressed concern abou thtis requirement. However, Hole hogs (Horizontal pneumatic non -guided drilling process) are very risky and tend to very off course or "pop" up through the pavement surface if they hit a rock. This technology is not acceptable if the purpose of using it is to protect the pavement surface as the risk of the hog popping through the surface is too great. Semi -guided and guided drilling technologies are available that carry acceptable risk. i. Width of pavement cut shall be sufficient to remove any broken or cracked pavement and to allow for the equipment required to obtain the required compaction. ii. Edges of pavement cuts shall receive an application of tack coat prior to placing the new pavement. All asphalt patches shall match existing road sections, including base depth and material. iii. Whenever any caving occurs in the sidewalls of any excavation, the pavement above such caving shall be cut away a) In no case shall any void under a pavement be filled by any side or lateral tamping. r; v 5) Restoration. i_ Any disturbance of pavement (including damage caused by.dumpsters or construction drop boxes), sidewalk; driveways; landr:fescaping, striping or other marking, traffic loops or other�,devices, or any otheature shall be restored, repaired or replaced to City;st 1 dards or to the condittiq,n existing prior to the disturbance, as modified by` the; requirements herein, if ndfrestoration standard exists. f%r• 1' a) (Destructive cuts-for.utility locates shaII bens small•as possible and shall'be rectored.withflo=fill or low PShconcrete.as apprdvedb' the dlrectOf. rff!%/' . J�rr/lf; ii. Where more than one paver ntcut is required within 300' lineal. feet, the director may require that the pemiittee resurface the entire road from curb to • curb forJthe,length of the;block. ,% Vii,.,, �f. /aJ-�--iri-.i, iir.• )jThis'requirement wtlrbebased on factors such as the age and f fjtha conatiorwf the ouli affect the abil ability of theermitee to return the road to a factorment,of the cuts and any other c smooth dnving�surface j areas :including adjacent areas that were cleared/grubbed or damaged, rte,, shall'sbe stabilized and reseeded within 14 calendar days after the permit � vhf �r raj 1is. :•,� completion date ,,____�- . r` ._-----� �_. _�--_—._�, /V not exceeding eight inches'of IO se mat Material a" d shall be clomp compacted tOl95%If%S j„.of,maximum.density,:plus two percentage points of optiriium'moisture°content .%5and'shall,betested'iin accordance`with ASTM,D=155T1 v 'Pavement surfaces shall be tested in accordance with applicable testing methods based on the type of material to be placed. vi. Sidewelksc bbs, gutters or combination curbs and gutters shall be removed to neare's't-jd1nt. All concrete used to replace curbs and gutters shall obtain a minimum compression strength of 3,000 p.s.i. at 28 days. Curbs and gutters shall be replaced to conform to the same shape, size and continuous gradient as existing curbs and gutters. vii. Proof of Testing. a) The permittee shall submit all test results to the City Engineer within 14 calendar days of the date of completion of the test. b) Right-of-way use permits will not be issued to persons who are delinquent in providing test results. 12 l Formatted Comment [DC6]: Small.diameter.cutQs om. can not'be ~compacted yet cause sub surf'acedarnage._' Comment[DC7]:' City, blocks' are• not consistent. -1 `in iength.`,300' s'an average.`' ;;,,,;. :`:'”{ Deleted: a the length of a City block GOmmerit [DCS]6 One comment was received ;' . 'that it iilas unfair to require compaction results. t'Howeverjrequiring compaction to 95%is an' industry tandaid and necessary for quality,,' ,installation: Aside from and,ASTM'compaction there noway toaaccuretely determine if 95% ,compactionis reached.-. The testing shouId. be considered a`scheap"•"insurance" for the contractor' • The results, help prove that the installetion:was done 'correctly if there ere concerns at a later date:, c) If test results show that the work was not compliant with city standards, the applicant shall repair and retest the work at no cost to the city viii. After backfilling is completed, and prior to repaving the cut, the contractor or permittee shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director ix. Roads and sidewalks shall be restored to a safe, passable condition prior to the work area being opened for public use. a) Temporary surfaces may be in place for no more than 72 hours unless weather or other mitigating circumstances are present. w,./ , . i. The director's ritten"approval, with conditions and allowable duratidn;•Is'srequired to leave temporary surface in place for longer than 72 hours. ii. Failure�to com I with director,s conditions will constitute a violation under thiechapter iii. Maintenance of temporary surface'wliII require a /� separate encroachment permit if not completed as part f�;of the original'wo I iv''If the -temporary surface is not maintained in a safe and acceptable;rnanner, and�the permittee does not /f%,i<respond or i not able to respond in a timely manner to ,?//` ..,4;5•;2.,,.. mainta n the teemporary, surface as required by the / ''!%, director the directormay cause the work to be done. J� fid i���/% 1 The cost thereof, including any inspection costs ;;;;yf�;, '� j� ,�:, and administrative overhead incurred by the `' '%r .,�,city, • s h a I I be assessed against the permittee. .0.• b) 'Permanent;restoration shall require a separate encroachment permit if a,. ot- c nompleted`as part of the original work. x 'Any disturbance of landscaping, fencing or other improvements upon private property, including private property traversed by easements or rights-of-way utilized by a, person, shall, at the sole expense of the permittee, be promptly repaired; `estored, or replaced to the reasonable satisfaction of the property owner '', 6) Repair of failed surface over excavation. i. Should the pavement or sidewalk surface over any excavation should sink or break within j ive years!after the excavation has been completed the permittee shall, upon written notice from the director, immediately repair the installation or backfill and have the pavement restored as specified by the director, within such time period as may be specified by the director 13 Comment [DC9]: Industry reps expressed concern that 5 years is too long for warranty. Although some municipalities require a 5 year warranty, more commonly 1 or 2 year warranties are required. 1 year is often too short as subsurface damage can take longer than a year to manifest. 2 years'seems a reasonable compromise. a) If the permittee does not respond or is not able to respond in a timely manner as required by the director, the director may cause the work to be done. b) The cost thereof, including any inspection costs and administrative overhead incurred by the city, shall be assessed against the permittee. G. Maintenance. 1) The permittee shall maintain the work site in a clean/and orderly manner All debris, // rubbish and excess material shall be removedfrom the right-of-way at the completion of each workday /7,,,,, , i. Public rights-of-way, public streets;public properrtty'and public easements /✓//i/// / ,G%li, affected by work must be cleaned to the satisfaction?of the director prior to re- opening these areas to the public., H. Upon completion of underground/orrsurface work permitted under this chapter, permittee shall furnish as -built plans of the installation showing a correct plan view to scale, details �%, i//ii, and a profile showing the locations ofall elements of the'installation based on data obtained in the field during construction. � J/� �''�,, f I Failure to complet /cork. f� ��/' / 1) If any part of the:work:referred to in this: chapter is not completed within the time set /////%%/,/%l/,., '/////,/�f/r/i/1//1/�/. /.,. '////, !forthAr :-the;permit;�th ffirector rrwprovtde written notice to the person performing , the work to'co pl te'th w rk within,forty--eight (48) hours thereafter �,/ i If the workls not completed within this time period, the director may cause �, the work to be;performed, including such work as will restore the work area to 'a / fe and /pas able condition until the work can be completed. ii. The cos :Thereof, including any inspection costs and administrative overhead v// incurred by'city, shall be paid by the permittee within thirty (30) days of notice of the cost. 8.72.070 Fees. A) All applicants and permittees subject to this chapter shall pay permit fees and be subject to penalty fees if they violate the requirements of this chapter, except as provided below 14 Deleted: 8.72.060 Additional requirements for dry utilities.¶ <#>Each utility pole, box, vault, cabinet and related facilities, shall be located, installed and maintained so that none of the facilities: endanger the lives or safety of persons: interfere or damage public improvements; unnecessarily hinder or obstruct the free use of public rights-of-way or other public property; or cause any interference with the rights and reasonable convenience of property owners who adjoin any of the streets or other public property where the utility pole, box or cabinet is located.¶ <#>The permittee shall schedule the installation of utility boxes and utility cabinets within the city streets in such a manner to promote safety, reduce inconvenience to the public, and insure immediate restoration and repair of the streets. The director may require the permittees schedule be altered in order to comply with the above requirement. ¶ <#>AII utility installations permitted under this chapter shall, upon demand of the director, be relocated or modified if required by the city to avoid potential conflicts with a proper govemmental use of a public right-of-way.¶ ¶ cYAII expenses incurred in relocating, lowering lines, potholing or marking of facilities to determine their exact location after the original installation shall be paid by the permittee.¶ <#>The following standards shall constitute minimum standards for the location and appearance of above ground utility poles, boxes, vaults, cabinets and related facilities unless otherwise approved by the director ¶ ¶ <#>Utility cabinets shall not be placed at locations where the director determines based on engineering standards, that such placement would create a hazard. These locations include driveways, intersections, and road tapers where stopping sight distance is required.¶ 11 <#>Utility cabinets shall not be placed in planter strips between the sidewalk and the curb.¶ <#>Utility boxes and cabinets shall be placed at property lines whenever possible.¶ ¶ <#>Utility vaults installed for private development should be installed on private property to avoid diminishing planter or mow strips.¶ 11 <#>To the extent practicable and reasonable, each company shall accommodate the desires of any property owner respecting location within easements or rights-of-way traversing private land of the property owner ¶ (... F11 1) City projects or crews that are funded out of the general fund may be exempt from paying permit fees, depending on the original source of the project funding, but must comply with the remainder of this chapter 2) City projects or crews that are funded from Fund 142, Arterial Streets Fund, may be exempt from paying restoration fees, depending on the original source of the project funding, but must comply with the remainder of this chapter. 3) Roads that the City plans to resurface or reconstruct within the current or following fiscal years are exempt from the resurfacing fee. 4) Cuts that are a result of destructive utility locate%techniques will be exempt from restoration fees only if they are 8" or less in diameterroi on the largest side. 5) Projects budding or resurfacing full width roads at Ieast,300 lineal feet in length may nothave to- pay restoration fees.j__ %w: !� �/r �•:% /' ..,,, . ,) Both the permittee and the person responsible for their traffic control shall be equally responsible for complying with thischapter and both shalrbe:subject to penalties in case of violation. ' ' �i:' /1%/, f�i f v/.� Z) Barricading fees shall -be; calculated on thearea, including tapers, of closure required by the MUTCD y,. . • ,, %. %i, f ir. , ) The maximum allowable lane;dropperpermit is 1600 feet, including tapers. Work requiring longer closures may be phased. • �%/% 4's�� 9) Restoration fee area shall be calculated in square feet, as follows: Length of excavation in feet parallel to the centerline of the street, multiplied by the pavement width of the street in feet from curb•to cork)oredge to edge if no curb is present, and multiplied by $8.63.r.<0",",,,,,,, ,, ; '- r IC• '/;' ',,-,-;- ''''/' I r `%rr B) Tlie,following fees shall applyto right-of-way use permits: vii''`` �;�� • i• . i/ 1) Base -fee (includesffrst day of barricading for one lane): $50. •2) Work on diff%roads; shoulder work on paved roads: Base fee plus $21/day rf ,, 3) Barricading paved roads. Base fee plus $0.01/sq. ft./day of barricaded area. 4) Other barricading fees: See Schedule A below ;5) Excavation of paved roads. Base fee plus barncade-fees plus` $8.63/sq. ft. restoration fee. 6) Other excavation fees: See Schedule B below. 7) Penalty fees — Failure to comply with this chapter $500/violation/day 15 Deleted: 3 Deleted: one block Comment [DC10]: This bears further consideration in that an entity replacing or resurfacing a road after it is cut (such as a complete street resurfacing after a sewer line is installed) should not have to pay restoration fees. However, a curb -to -curb patch over a transverse trench (a few feet wide) is not a complete resurfacing..it is a patch and it weakens the integrity of the road. What is the correct length of resurfacing that should be considered in lieu of the fee? Perhaps only on longitudinal trenches greater than 100' or a minimum of 300', or other? Deleted: 4 Deleted: 5 Deleted: 6 Deleted: 7 Comment [DC11]: Within the industry open meetings, this has been the most concerning element of the ordinance. After additional research, Option 1 in the Study Session Presentation (2" Overlay over trench + zone of influence, modified by a degradation factor that accounts for the current condition of the road) is the preferred method of calculation. Formatted: Indent: First line: 0" Comment [DC12]: Revise if Option 1 is chosen C) Each applicant is responsible for providing the director with accurate work scope, work zone length and work duration as a basis of fee calculation. Schedule A — Other Barricade Fees Sidewalk Closures - $21/day Bike Lane or Path Closure - $21/day Drop Box or Construction Dumpster - $21/month Schedule B — Other Excavation Fees:,,„,//://- Curb j� Curb Cuts - $12 each ''/ ' Curb/Gutter/Sidewalk (remove/replace),,->$25- or first 100' ($0.25/foot thereafter) Other Fees %ter :,,,-;/„,2,— � '/ ., Haul Route Approval - $50 plus actual cost of necessar ,police support Oversize/Over Dimensional Vehicles — as directed by YPD,Traffic Division Cprocess peacti policy '�lC/o Ji /�_ ' �J/%i Ci Inspection Overtime — Actual cost; ' �, Failure to Comply withsthis Chapter - $500/violation/day 8.72.080 Violations. �fj 3 , �7../. %/% V/,f, %. r A. General — Authotyofdirecto j,' ✓J Whenever the director;shall find probable causeAto believe violation of any of the provisions of this chapter exists, the director shatl;notify the person responsible for the alleged violation in writing and shallorder the necessary'',corrections to be made. If such violation is not corrected within the�period'ofairne established by the..director,,the director may invoke the remedies set forth in,t/the%section —7/41/4„, v/-,.,... otherremedy av'atlable under state law or city code. The provision,,/,,,,„. in this section'ate•not exclusive remedies. The city reserves the right to take any, all, '�o//% 'viii . or any combination of these -actions against any person violating the provisions of this chapter, together with any other actionaa Ei ilable der state law or city code. B. Procedure — Notification of Violation — Effect of Violation. The director shall notify.any,,{�e�rson found to be in violation with this chapter of the scope of violation, the provisions violated, the date of violation (if known), and the required correction. (1) Said notice of violation and correction shall be in writing and may be hand -delivered, faxed or e-mailed to the person or persons responsible for the violation. The notice shall advise such person(s): (a) that failure to correct the violation within the time specified will subject the violator(s) to imposition of a civil penalty fee up to $500 per violation for each day the violation remains uncorrected; (b) that all violations shall be corrected and all assessed penalties paid prior to issuance of another right-of-way use permit to such persons(s); and (c) that the city reserves the right to invoke any other remedy available under state law and city code, including but not limited to, filing of criminal charges pursuant to subsection D of this section. 16 { Formatted: Indent: Left: 1", First line: 0" (2) Should that person fail to correct the violation within the period of time directed, the director is authorized to assess against the person or persons causing such violation a civil penalty fee up to $500 per violation for each day the violation remains uncorrected. Written notice of the assessed penalty fee shall be hand -delivered, faxed or e-mailed to each person determined to be responsible for such violation. (3) All violations shall be corrected and all penalties assessed must be paid prior to the city's issuance of another right-of-way use permit to such person. C Corrective actions — Appeal. (1) Failure to obtain an encroachment permit, failureto comply with an approved encroachment permit including compliance with;tiaffic'control plan, failure to comply i,-ii�ir •iii i with excavation or trench safety requirements*any ot1 ,violation that creates an imminent public safety hazard shall be corrected immediately, and all work shall stop, and necessary safety precautions shalbbataken until the violation is corrected. i. Failure to assessment ofalpenlalty feely w the �ti ith paragrapa�l justify the ii. Repeat offences,shall justify the immediateissuance of penalty fees, filing of criminal charges pursuant to subsection�;�D below, and/or initiation of any other remedy availaule lithe city under•;s'tate law or city code (2) Any other violation of nonconformance•that.does not;constitute, in the determination of the director,,ani'rrif iinent public'safety haz'ard!shall be'corrected within 10 working days of issuance of the<potrce of viotabon. , //j i. Failure. -to compplly�with the above_ paragraph shall justify the assessment of /,,, penaltyfees /017'��. %i, ii, ,Repeat offences shall�just�ty•,the'immediate assessment of penalty fees, filing of�crtminal charges pursuantto�subsection D below, and/or initiation of any % otherie e dy aval b le to the city under state law or city code. (3) Appeals of administrative corrective actions. Any person receiving a notice of violationunder this chapyter shall have the right to an administrative hearing to contest the city's determiination c iolation or assessment of penalty fees. i. An , heaapursuant to this section must be requested bythe appellant Y 9 q in wntangvvithin ten (10) days after the appellant receives notice of violation, or within the period of time established for correction of the violating condition, whichever is shorter. The appellant's written request for hearing shall be filed with the director Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review The city will conduct the hearing within twenty days of the receipt of the request. ii. The administrative hearing authorized by this section will be held before the city manager or the city manager's designee. Formal rules of evidence will not apply but the appellant and the city shall have the right 17 to present witnesses and documentary evidence. The city manager or the city manager's designee will issue a written decision within ten (10) days of the conclusion of the hearing. iii. Any appellant requesting a hearing shall have the right to make an electronic or stenographic record of the proceedings. Such record shall be made at the discharger's expense. iv Except as otherwise provided, all decisions by the city manager or city manager's designee shall be final and conclusive on all parties unless within twenty (20) days from the date of final action, the appellant files a //fid. . petition for review in a court of competentjunsdiction in the manner prescribed by law. / 7%-' iii/ • (4) Notwithstanding the provisions above, the%ityy reserves the right to file criminal charges or pursue any other available reined without first assessing penalty fees or pursuing administrative remedies set forthabove, when, in ttiesole determination of the ////l// %/,iii city, the violation cannot be effectivelyremedied by assessmentofpenalty fees or imposition of any other administrative remedy set forth above. " ` / Ii/: %/.4 /�!i, D. Criminal penalties. Any person who willfully, knowingly,,,recklessly or negligently violates any provision of this chapter througta;anyfact or omission shall, upon conviction,'be guilty of a misdemeanor, punishable by a fine of not%more than one tt' ousand dollars or imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. Each violation and each day of each violation shall constitute a separat/�ffe/nse�/%�,,/ / .,4 18 Page 14: [1] Deleted - Debbie Cook 1/9/201410:02:00 AM I 8.72.060 Additional requirements for dry utilities. Each utility pole, box, vault, cabinet and related facilities, shall be located, installed and maintained so that none of the facilities: endanger the lives or safety of persons; interfere or damage public improvements; unnecessarily hinder or obstruct the free use of public rights- of-way or other public property; or cause any interference with the rights and reasonable convenience of property owners who adjoin any of the streets or other public property where the utility pole, box or cabinet is located The permittee shall schedule the installation of utility boxes and utility cabinets within the city streets in such a manner to promote safety, reduce inconvenience to the public, and insure immediate restoration and repair of the streets. The director may require the permittee's schedule be altered in order to comply with the above requirement. All utility installations permitted under this chapter shall, upon demand of the director, be relocated or modified if required by the city to avoid potential conflicts with a proper governmental use of a public right-of-way. All expenses incurred in relocating, lowering lines, potholing or marking of facilities to determine their exact location after the original installation shall be paid for by the permittee. The following standards shall constitute minimum standards for the location and appearance of above ground utility poles, boxes, vaults, cabinets and related facilities unless otherwise approved by the director. Utility cabinets shall not be placed at locations where the director determines based on engineering standards, that such placement would create a hazard. These locations include driveways, intersections, and road tapers where stopping sight distance is required. Utility cabinets shall not be placed in planter strips between the sidewalk and the curb. Utility boxes and cabinets shall be placed at property lines whenever possible. Utility vaults installed for private development should be installed on private property to avoid diminishing planter or mow strips. To the extent practicable and reasonable, each company shall accommodate the desires of any property owner respecting location within easements or rights-of-way traversing private land of the property owner. Utility cabinets shall be no higher than six feet unless otherwise approved by the director. No exposed conduit or raceways will be permitted and all conductors, transformers, and other related equipment shall be concealed, except pole risers or drops. Utility cabinets requiring power shall have the power pedestals attached to the utility cabinets. No more than one utility cabinet per lot and adjacent sidewalk shall be allowed unless otherwise approved by the director. Utility boxes placed in sidewalks shall be centered in sidewalk flags. Utility vaults should be located behind the curb and not within the sidewalk whenever possible. Utility cabinet coatings shall be graffiti resistant. Utility poles shall not be placed within the right-of-way. Except as otherwise permitted by law, franchise or elsewhere in this code, no company shall be authorized to construct or install new poles or new wire -holding structures for commercial uses on or within public rights-of-way or city owned property for the purpose of placing overhead cables, wires, lines or other facilities. With respect to any cables, wires and similar facilities constructed and installed by a utility company above ground, the company shall, at its sole expense, reconstruct and re -install such cables, wires or other facilities underground pursuant to any project under which the cables, wires or other like facilities of such utilities are placed underground within an area. The duty of a utility company to underground shall arise if all existing above ground like facilities of such utilities are required to be placed underground.