Chapter 12.10 EXCAVATIONS

No person, firm or corporation shall dig, excavate or penetrate any City roadway or alleyway by creating a ditch, excavation or other subgrade penetration for water, sewer, storm sewer, natural gas, telephone, cable TV, electrical power or other utility, or for any other purpose, without first obtaining a roadway excavation permit therefor issued by the Public Works Department, upon written approval and recommendation of the Public Works Director. (Ord. C-290, 1993)

12.10.020 Permit – Application – Copies – Fees.

All applicants for a roadway excavation permit shall file a written application in triplicate on forms furnished by the Public Works Department; one copy will be retained by the Public Works Director, one copy made available to the applicant and one copy made available to the Public Works Director, construction inspector or the City Engineer. (Ord. C-290, 1993)

12.10.030 Permit – Issuance.

A roadway excavation permit for the opening of any roadway owned by the City shall be issued only upon written approval of the Public Works Director as provided in AHMC 12.10.010. (Ord. C-290, 1993)

12.10.040 Permit – Application – Contents.

A. Any person desiring to apply for an excavation permit under this chapter shall do so by filing a written application therefor with the Public Works Director. Such application shall be signed by the person who intends to conduct the excavation. The applicant must be a licensed and bonded contractor of the state of Washington. The application shall be in such form as the Public Works Director may reasonably require and shall include, at a minimum, the following information:

1. All applications shall be accompanied by an excavation plan showing the extent of the proposed excavation work.

2. The excavation plan shall indicate all locations and dimensions of the proposed excavation and any other information as may be required by the Public Works Director.

3. All street excavation depths greater than four feet shall have shoring or shields in place to prevent the banks from caving in.

B. All work shall conform to the requirements contained in the current WSDOT Standards and Specifications for Road, Bridge, and Municipal Construction.

C. A nonrefundable application fee of $75.00 shall accompany each application for the issuance of a roadway excavation permit. Said application fee shall be in addition to all other fees for permits or charges relative to any proposed construction work. (Ord. C-290, 1993)

12.10.050 Term of permit.

All excavation permits issued pursuant to the provisions of this chapter shall expire on a date certain, which date shall be established by the Public Works Director as the date on which the excavation is to be completed. This expiration date shall be clearly noted on the permit. (Ord. C-290, 1993)

12.10.060 Performance bond required.

Before an excavation permit may be issued under the provisions of this chapter, the applicant shall deposit with the Public Works Director a surety bond in an amount determined by the City Attorney/City Engineer to be sufficient to ensure completion of the work and fulfillment of the warranty provided for in this chapter and in a form approved by the City Attorney. Said bond shall be with a bonding company licensed to do business in the state of Washington. Said bond shall guarantee completion of all excavation and street restoration work required by this chapter and by the conditions of the permit within the time limits set on the permit by the Public Works Director. Said bond shall further guarantee that all excavation and street restoration work shall be free from settling and defects in workmanship or materials for a period of two years after the date said work is completed and accepted by the City. (Ord. C-290, 1993)

12.10.070 Insurance required.

Before an excavation permit may be issued, the applicant shall secure comprehensive general liability insurance for personal injury and property damage in the amount of $500,000 which shall remain in full force and effect throughout the duration of the permit. The policy of insurance shall name the City as an additional named insured and shall include a provision for prohibiting cancellation of said policy except upon 30 days’ prior written notice to the City. Proof that the applicant has such insurance must be furnished to the Public Works Director prior to issuance of the permit. (Ord. C-290, 1993)

12.10.080 Routing of traffic.

The permittee shall take such measures as are deemed necessary by the Public Works Director to ensure that during the performance of the excavation work pre-excavation traffic conditions and flow are maintained as nearly as practicable. No street may be closed by the permittee without the express permission of the Public Works Director. The permittee shall route and control traffic, including its own vehicles, as directed by the Public Works Director (Reference: Guidelines For Traffic Control, Airway Heights). Where flagmen are deemed necessary by the Public Works Director, they shall be furnished by the permittee at the permittee’s expense. A traffic control plan shall be submitted and approved by the Public Works Director. (Ord. C-290, 1993)

12.10.090 Clearance for fire equipment.

The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free from obstructions at all times. (Ord. C-290, 1993)

12.10.100 Protection of traffic.

The permittee shall erect and maintain suitable barriers to confine earth from trenches or other excavations in order to encroach upon the City streets as little as possible. The permittee shall construct and maintain crossings over excavations and across streets under restoration or improvement which, in the opinion of the Public Works Director, are adequate and safe to accommodate vehicular and pedestrian traffic at all times. (Ord. C-290, 1993)

12.10.110 Protection of adjoining property – Access.

The permittee shall at all times and at the permittee’s expense preserve and protect from injury the adjoining property by providing proper foundations and taking other measures which, in the opinion of the Public Works Director, are suitable for such purposes. The permittee shall at all times maintain adequate access to all properties adjoining the excavation or worksite. (Ord. C-290, 1993)

12.10.120 Protective measures – Fences and barriers.

The permittee shall erect at the permittee’s expense such fence, railing or barrier about the site of the excavation or street restoration work as, in the opinion of the Public Works Director, may be necessary to prevent danger to vehicles or pedestrians using the City streets or sidewalks, and such protective barriers shall be maintained until the Public Works Director otherwise directs. Such protective barriers shall be equipped with adequate lighting to provide for both daytime and nighttime visibility. (Ord. C-290, 1993)

12.10.130 Excavated material.

All excavated material which is piled adjacent to the excavation shall be piled and maintained in such manner so as not to endanger those working in the excavation or pedestrians or users of the street. When the confines of the area being excavated are too small to permit the piling of excavated material beside the excavation, the Public Works Director shall have the authority to require the permittee to haul the excavated material to a storage site and then rehaul it to the excavation at the time of backfilling. It is the responsibility of the permittee to secure the necessary permissions and make all necessary arrangements for any required storage and disposal of excavated material. (Ord. C-290, 1993)

12.10.140 Cleanup.

As the excavation work progresses, all streets and private property shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from the excavation. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Public Works Director. (Ord. C-290, 1993)

12.10.150 Backfilling.

Backfilling in any street opened or excavated pursuant to an excavation permit issued under the provisions of this chapter shall be compacted to a degree equivalent to that of the undisturbed ground in which the excavation was begun unless the Public Works Director determines a greater degree of compaction is necessary to produce a satisfactory result. All backfilling shall be accomplished according to current WSDOT Standards and Specifications for Road, Bridge, and Municipal Construction and shall meet the approval of the Public Works Director. (Ord. C-290, 1993)

12.10.160 Street restoration.

A. Permanent restoration of the street shall be made by the permittee in strict accordance with standards and specifications of the current WSDOT Standards and Specifications for Road, Bridge, and Municipal Construction and in a manner meeting the approval of the Public Works Director. Permanent restoration may include overlays of portions of the street which may have been disrupted by the excavation work.

B. The permittee shall guarantee and maintain the site of the excavation work to current WSDOT Standards and Specifications for Roads, Bridges, and Municipal Construction for a period of two years following the completion of the restoration and acceptance by the City. Acceptance or approval of any excavation work or street restoration by the Public Works Director shall not prevent the City from asserting a claim against the permittee and his or its surety under the surety bond required by this chapter for incomplete or defective work if such incompleteness or defective work is discovered within two years from completion of the excavation work. The presence of the Public Works Director during the performance of any excavation work shall not relieve the permittee of its responsibilities under this chapter.

C. If the permittee has failed to complete the excavation work and restore and resurface the street to current WSDOT Standards and Specifications for Roads, Bridges, and Municipal Construction and the approval of the Public Works Director within the time fixed by the permit, or fails to perform any work or protective measure required by this chapter or by the Public Works Director, the Public Works Director shall have the authority to have all such uncompleted work or restoration completed. The permittee shall be liable for any costs incurred by the City in completing such work. The cost for asphalt restoration is as follows:


Less than five square yards	=	$280.00
Five to seven yards	=	$35.00 per square yard plus $140.00 set-up fee.
Over seven yards	=	$35.00 per square yard plus $185.00 set-up fee.

(Ord. C-290, 1993)

12.10.170 Pavement cut requirement.

Before commencing excavation in a paved street, every permittee doing so shall first cut the pavement around the circumference or parallel to the excavated area with a pneumatic hammer, saw, cutting wheel or other approved method.

A. Pavement Cutting. The existing pavement shall be first cut by an appropriate means to facilitate removal. Immediately prior to placement of “patch,” the existing pavement shall be sawcut along rectangular lines as shown on the plans or as directed by the Public Works Director. The pavement shall be removed so as to provide a firm, neat, straight, vertical edge to join. The contractor shall be responsible for maintaining the edge. Additional sawcuts will be required to correct broken or damaged edges.

B. Backfilling. Backfilling shall be done in accordance with current WSDOT Standards and Specifications for Roads, Bridges, and Municipal Construction Section 7-04.3(3). Minimum width of trench shall be two feet to accommodate vibratory compactor.

C. Pavement Section. The structural section of the patch shall be equal to the section of the existing pavement, but in no case shall the thickness of asphaltic concrete be less than two inches. Asphaltic concrete may be substituted for aggregate base as long as compacted layers do not exceed 0.25 feet with adequate compaction.

D. Tack Coat. A tack coat of grade RC 250 asphalt shall be uniformly applied to all edges to be joined and lapped six inches over the existing pavement. The lines from the new asphalt pavement shall be raked over the tack coat, feathered and rolled or ramped to seal the joint.

E. Asphaltic Concrete. Asphaltic concrete used for patching shall be Class B containing between five and three-fourths percent and six and one-forth percent AR4000W paving grade asphalt and shall be furnished, placed and compacted in conformance with the standard specifications. (Ord. C-290, 1993)

12.10.180 Inspections.

The Public Works Director or designee may make such inspections as they deem reasonably necessary in the enforcement of this chapter. An inspection fee of $50.00 for the first three days of roadway excavation and every subsequent three-day period shall be assessed $50.00 to the permittee. (Ord. C-290, 1993)

12.10.190 As-built drawings, plans and profiles.

Upon completion of the excavation work, the Public Works Director shall require the permittee to submit to the City accurate drawings, plans and profiles showing the location and character of all underground structures installed during the excavation work. (Ord. C-290, 1993)

12.10.200 Provisions not applicable to City work.

The provisions of this chapter shall not be applicable to any excavation work or street restoration performed by the City or by any contractor retained by the City to perform such work or restoration on the City’s behalf. (Ord. C-290, 1993)

12.10.210 Liability of City.

This chapter shall not be construed as imposing upon the City or any official or employee of the City any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued under this chapter; nor shall the City or any official or employee thereof be deemed to have assumed such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit or the approval of any excavation work. (Ord. C-290, 1993)

12.10.220 Stop work order.

The Public Works Director or his or her designee may issue a written stop work order to any person violating any provision of this chapter or performing any work in violation of any permit issued under this chapter. The written stop work order may be served by delivering the same on any person engaged in the work and/or on the permittee. All such persons shall immediately stop work and/or cause such work to be stopped until further direction by the Public Works Director or his or her designee to proceed. Such stop work order shall constitute immediate revocation of the permit issued under this chapter, subject to reinstatement by the Public Works Director upon the taking of appropriate remedial action. (Ord. C-290, 1993)

12.10.230 Roadway excavation of newly constructed or resurfaced streets.

Any utility contractor or permittee desiring to trench, dig, open, excavate, etc., in a roadway must refer to, and follow, the City of Airway Heights Pavement Cut Policy. (Ord. C-730 § 1, 2011; Ord. C-290, 1993)

12.10.240 Violation – Penalty.

Any person, firm or corporation violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed $1,000 or be imprisoned in the City Jail or other incarceration facility for a period not to exceed six months. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punished as such hereinafter. (Ord. C-290, 1993)