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
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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)
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Why is it Necessary to Protect
Pavement Cuts
> Degrade the
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> Decrease the
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uch as 50%
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nching
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Supporting Soil
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.
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Restoration FP is Not a New
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dinance 8.72.01062 allows an
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dditional Highlights
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Cities working in the ROW are required
'n a permit and use appropriate
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length of time it is blocked.
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What Are Other Cities
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•
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Right -of -Way Use Permit
croachment and Excavation
rk Encroachment Permit -
I feet + $207.00 per 100
d $45.00 per 100 lineal
•
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Yakima's Restoration Fee
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e zone of influence
ad X-
ethods of Calculating
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ay
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referred option, although draft
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[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.
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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
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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
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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.