Division 13-04-003
Work in Public Rights-of-Way and Easements

Sections:

13-04-003-0001    Permit Requirements

13-04-003-0002    Project Cleanup Requirements

13-04-003-0001 Permit Requirements

A.    Prior to the issuance of a permit, the permittee shall provide the City of Flagstaff with:

1.    One (1) copy of the certificate of commercial general liability insurance naming the City as an additional insured, the general liability endorsement, and the additional insured endorsement. The endorsements shall include the policy numbers and the policy numbers must match those listed on the certificate of insurance. The minimum limits of coverage shall be those currently required by the City of Flagstaff Risk Management Section. This insurance shall in no way limit the extent or enforcement of the hold harmless agreement in subsection (C) of this section.

2.    An electronic copy of the construction plans. The City Engineer may waive this requirement for minor work, in which case the applicant shall submit a sketch that depicts, in suitable detail, the proposed work.

3.    For work in public rights-of-way that requires the restriction of vehicle, bicycle, or pedestrian traffic, the permittee shall submit electronic copies of a traffic control plan conforming to the requirements of the MUTCD and Division 13-06-008. The City Engineer may suspend this requirement for minor work.

B.    This permit is for the time period indicated. Should the permittee be unable to complete the work in the specified time (adverse weather conditions excepted), the permittee shall make application to the City of Flagstaff for a time extension and pay to the City an amount equal to fifty percent (50%) of the original permit fees.

C.    All work permitted shall be done at no expense to the City of Flagstaff, and the permittee shall indemnify, defend, and hold harmless the City of Flagstaff from and against any and all liability or responsibility for any accident, loss, damage to persons or property, or expenses (including reasonable attorney fees and court costs) arising from and/or occurring as a result of any death, bodily injury, personal injury, or property damage of any kind or description that may directly or indirectly relate to or stem from any work or activities under the terms of this permit. In essence, the permittee shall assume all said liabilities and/or responsibilities and protect and/or restore all property both public and private damaged as a result of the activities of the permittee, its agents, employees, or contractor.

D.    The permittee shall adhere to all Federal, State, and local laws, ordinances, and regulations.

E.    All permitted work shall be performed in accordance with the requirements of the City Engineer, the Uniform Standard Specifications for Public Works Construction (MAG Specifications), City of Flagstaff Addendum to MAG, this title, Uniform Standard Details for Public Works Construction (MAG Details), and the City of Flagstaff Stormwater Design Manual, and the approved plans, construction schedules, and traffic control plans submitted with the application for permit.

F.    Where a proposed underground utility is installed under an asphaltic or Portland cement concrete surfaced roadway, the installation shall be made by boring or jacking beneath the road surface. Pavement cuts are permitted only when:

1.    Physical constraints such as bedrock or indeterminable infrastructure prevent boring or jacking;

2.    An unsuccessful attempt has been made to bore or jack the installation;

3.    Connection to an existing utility located beneath the paved portion of the roadway is necessary;

4.    Right-of-way limits do not accommodate a boring operation;

5.    Boring will result in an inordinate cost when compared to an open cut (double the cost as demonstrated by an engineer’s estimate or actual construction bid); or

6.    The surface of the roadway is in a badly deteriorated condition such that a pavement cut will not detract from the integrity of the surface, as determined by the City Engineer.

G.    When trenching is necessary, and permanent pavement patch is not practicable, temporary trench pavement shall consist of UPM (Unique Paving Material) or approved equal. In lieu of placing UPM, the permittee may elect to completely backfill the trench to within two (2) inches of the finished trench grade with nonshrink slurry backfill conforming to Section 13-09-006-0003. The final two (2) inches shall be MAG Class C concrete.

H.    The use of trench plating shall be prohibited from November 1st to April 1st unless specifically allowed by the City Engineer. Approved trench plates shall be installed per MAG Standard Detail 211.

I.    Temporary traffic control or signage shall not be placed in the right-of-way without written authorization of the City Engineer.

J.    Should blasting be required, an additional permit shall be obtained from the City of Flagstaff Fire Department.

K.    The permittee shall notify the assigned inspector on the working day immediately preceding the date work will commence, or recommence after a stoppage.

L.    The permittee shall fully conform to the requirements of A.R.S. Section 40-360.21 et seq. (Arizona 811 requirements, call 811).

M.    The permittee shall fully conform to the requirements of A.R.S. Section 40-360.41 et seq., restrictions for working near or over power lines.

N.    The permittee shall be fully responsible for all work performed under this permit, including, but not limited to, workmanship and worksite cleanup as specified in Section 13-04-003-0002.

O.    All work permitted herein shall be guaranteed against all defects in material and workmanship for one (1) year from the date it is accepted by the City Engineer.

P.    Upon acceptance by the City Engineer, all public roadway drainage, water, and sewer facilities shall become and remain the property of the City of Flagstaff.

Q.    The permittee may be required to perform special requirements as determined by the City Engineer. (Ord. 2024-13, Enacted, 04/16/2024 (Res. 2024-15))

13-04-003-0002 Project Cleanup Requirements

A.    All contractors working within the City of Flagstaff, both on public property or private property, shall perform their work in such a way as to minimize the dust, dirt, mud, trash, and other debris that leaves, by any means, the construction area. This may include necessary watering (the use of City reclaimed wastewater is encouraged and it is required on all major construction activity in accordance with Section 7-03-001-0015, Cross Connection Control), a dust palliative, silt fencing, best management practices, or whatever else that may be necessary to protect private and public property from undue inconvenience or hazards.

B.    Any public or private property that is damaged, soiled, muddied, or otherwise marred shall be restored and returned to its original condition by the contractor, developer, or property owner. This work may include repairs to street pavement, removal of mud and debris, street sweeping, watering (the use of City reclaimed wastewater is encouraged), and other work as necessary to restore the public property to its previous condition. The restoration of private property shall include sweeping, debris removal, and other cleanup or repairs needed to restore the private property to its original condition.

C.    When, in the opinion of the City Engineer, Street Superintendent, or Chief Building Official, construction activity results in undue inconvenience or hazards to the public, the City official may give a written order instructing the contractor to do any of the following:

1.    Change the work methods causing the damage or hazard within a specified time frame.

2.    Perform the necessary cleanup work or repairs to remove the damage or hazard.

3.    Cease immediately the construction activity causing the damage or hazard.

D.    The contractor, or property owner if no contractor is on the project, is responsible for any needed cleanup resulting from the construction activity on the property owner’s project. This responsibility shall include damage resulting from vehicles or machinery of the subcontractor and materials suppliers.

E.    Should the contractor or property owner not perform the needed repair or cleanup within twenty-four (24) hours of written order, the City may arrange for the needed cleanup or repairs to be performed. The contractor or property owner shall pay the cost of the cleanup or repairs to the City prior to the acceptance of the public improvements or occupancy of on-site buildings. Any unpaid charges may be collected from any sureties for the project on deposit with the City.

F.    Contractor shall not store material within the rights-of-way of public streets without the written permission of the City Engineer or his authorized representative. When allowed, storage shall be performed to minimize inconvenience and hazard to the public. A traffic control plan shall be submitted by the contractor for review by the City Traffic Engineer. The Traffic Control Plan shall show all devices necessary to conform with MAG Part 400. Under normal conditions, storage of materials will be allowed only on streets closed to public travel.

G.    The City Engineer may direct that the contractor access construction sites by routes causing the least potential inconvenience and damage to public and private property. This direction may include the use of alternate routes for construction vehicles, workers’ access to the construction site, and delivery materials. (Ord. 2024-13, Enacted, 04/16/2024 (Res. 2024-15))