Chapter 12.04 PUBLIC RIGHT-OF-WAY EXCAVATION*

No person, firm or corporation shall trench, dig, excavate or penetrate any city right-of-way roadway, street, alleyway, sidewalk, curb or gutter 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 an excavation right-of-way permit issued by the city street superintendent. (Ord. 99-1 § 1, 1999)

12.04.020 Permit application.

All applicants for an excavation permit shall file a written application on forms furnished by the city street superintendent. (Ord. 99-1 § 1, 1999)

12.04.030 Application – Contents – Fees.

Any person desiring to apply for permit under this chapter shall do so by filing a written application with the city street superintendent. 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 city street superintendent may reasonably require and shall include at a minimum, the following information:

A. All applications shall be accompanied by an excavation plan showing the extent of the proposed excavation work. The excavation plan shall indicate all locations and dimensions of the proposed excavation and any other information as may be required by the city street superintendent.

B. A nonrefundable application fee in an amount equal to the fee required by resolution of the city council adopted pursuant to this chapter. Said application fee shall be in addition to all other fees for permits or charges relative to any proposed construction work. The city fee resolution and any amendments thereto may establish different fees for some excavations depending upon whether the excavated surface is improved (paved) and the age of the surface involved in the excavation. (Ord. 99-1 § 1, 1999)

12.04.040 Relocation of excavation and excavation approval.

A. The city street superintendent may require the applicant to relocate the proposed excavation to a place designated as a more appropriate place by the city street superintendent.

B. The city street superintendent may require the applicant to perform the excavation and protect the material placed in the excavation in whatever reasonable manner required by the city street superintendent in order to protect the material placed in the excavation from possible damage by future excavation. (Ord. 99-1 § 1, 1999)

12.04.050 Permit issuance.

The city street superintendent shall review all applications for street excavation permits. The city street superintendent shall approve said applications when all information required therein is fully completed to the satisfaction of the city street superintendent and when all other requirements of this chapter are met. (Ord. 99-1 § 1, 1999)

12.04.060 Excavation of newly constructed or resurfaced streets.

Any utility contractor or permittee desiring to trench, dig, excavate, or penetrate a roadway, that has been recently rebuilt or overlaid, will not be allowed to disturb the roadway surface for a period of five years from the completion of the rebuilding or overlaying of the roadway. At the discretion of the city street superintendent, the permittee may be allowed to install the utility or its line under the roadway without disturbing the surface. In an exceptional situation, with the approval of the city street superintendent, the newly built or overlaid roadway may be disturbed, upon showing of adequate repair plans and prior payment of excavation fees set by city council resolution. (Ord. 99-1 § 1, 1999)

12.04.070 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 city street superintendent as the date on which the excavation is to be completed. This expiration date shall be clearly noted on the permit. (Ord. 99-1 § 1, 1999)

12.04.080 Surety bond required.

Before an excavation permit may be issued under the provisions of this chapter, the applicant shall deposit with the city project development manager a surety bond in an amount determined by the city project development manager to be sufficient to ensure completion of the work and fulfillment of the warranty provided for herein and in a form approved by the city attorney. 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 city project development manager. Said bond shall further guarantee that all excavation and 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. The city project development manager shall have authority to waive the requirements of this section if in his or her sole judgment the facts and circumstances warrant a waiver. (Ord. 20-11 § 5 (Exh. A), 2020; Ord. 99-1 § 1, 1999)

12.04.090 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 $300,000 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 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 city street superintendent prior to issuance of the permit. The city street superintendent shall have authority to waive the requirements of this section if in his or her sole judgment the facts and circumstances warrant a waiver. (Ord. 99-1 § 1, 1999)

12.04.100 Non-excavation period.

Due to asphalt plant shutdown and the unavailability of appropriate packing materials and the likelihood of ground freezing and associated settling problems, no person, firm or corporation shall trench, dig, excavate or penetrate any city right-of-way, street, roadway, alleyway, sidewalk, curb or gutter by creating a ditch, excavation or other subgrade penetration for water, sewer, storm sewer, natural gas, telephone, cable TV, or electric power or other utility, or for any other purpose, from October 31st until March 31st of the following year. (Ord. 99-1 § 1, 1999)

12.04.110 Routing of traffic.

The permittee shall take such measures as are deemed necessary by the city street superintendent to assure 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 city street superintendent. The permittee shall route and control traffic, including its own vehicles, as set forth in a traffic control plan prepared by the permittee and approved by the city street superintendent. Traffic cones, signs, and/or people directing traffic as deemed necessary by the city street superintendent shall be furnished by the permittee at the permittee’s expense. (Ord. 99-1 § 1, 1999)

12.04.120 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. 99-1 § 1, 1999)

12.04.130 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 street as little as possible. The permittee shall construct and maintain crossings over excavations and across streets under restoration or improvement which, in the judgment of the city street superintendent, are adequate and safe to accommodate vehicular and pedestrian traffic at all times. (Ord. 99-1 § 1, 1999)

12.04.140 Protection of adjoining property – Access.

The permittee shall at all times and at the permittee’s expense, preserve and protect from obstruction and damage any adjoining property by providing proper foundations and taking other measures which, in the judgment of the city street superintendent, are suitable for such purposes. The permittee shall at all times maintain adequate access to all properties adjoining the excavation or work site. (Ord. 99-1 § 1, 1999)

12.04.150 Protective measures – Fences, barriers.

The permittee shall erect at the permittee’s expense such fence, railing or barriers about the site of the excavation or street restoration work as, in the judgment of the city street superintendent, 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 city street superintendent otherwise directs. Such protective barriers shall be equipped with adequate lighting to provide for both daytime and nighttime visibility. (Ord. 99-1 § 1, 1999)

12.04.160 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 saw, cutting wheel or other method approved by the city street superintendent. (Ord. 99-1 § 1, 1999)

12.04.170 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 streets. When the confines of the area being excavated are too small to permit the piling of excavated material beside the excavation, the city street superintendent 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 permission and make all necessary arrangement for any required storage and disposal of excavated material. (Ord. 99-1 § 1, 1999)

12.04.180 Trench construction and backfill.

A. Where the pavement must be removed, it first shall be cut in vertical (or undercut) continuous straight lines.

B. Trenches shall be cut to have vertical faces, where soil and depth conditions permit, with a maximum width of outside diameter of pipe plus two feet. Shoring shall comply with the Washington State Department of Labor and Industries Safety Code.

C. The pipe or carrier shall be installed and the trench backfilled in a manner assuring no deformation of the pipe likely to cause leakage and restoration of the structural integrity of the roadway structure. Specific trench backfill requirements regarding materials and methods shall be as approved by the city street superintendent.

D. Compaction testing may be required by the city street superintendent and shall be performed to the satisfaction of the city street superintendent at the permittee’s expense. (Ord. 99-1 § 1, 1999)

12.04.190 Street restoration.

A. Permanent restoration of the street shall be made by the permittee in strict accordance with the standards and specifications of the city as approved by the city street superintendent. Street restoration may include complete overlays of entire portions of city streets if deemed necessary in the sole judgment of the city street superintendent.

B. The permittee shall guarantee and maintain the site of the excavation work to city standards and specifications for a period of five years following the completion of the restoration and acceptance by the city. Acceptance or approval of any excavation work or street restoration by the city street superintendent 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 five years from completion of the excavation work. The presence of the city street superintendent 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 the surface of the street as required herein and to obtain the approval of the city street superintendent within the time fixed by the permit, or fails to perform any work or protective measure required by this chapter, the city street superintendent shall have the authority to have all such uncompleted work or restoration completed. The permittee shall be liable to the city for any costs incurred by the city in completing such work. (Ord. 99-1 § 1, 1999)

12.04.200 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 such 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 city street superintendent. (Ord. 99-1 § 1, 1999)

12.04.210 Inspections.

The city street superintendent or designee may make such inspections as deemed reasonably necessary by the city street superintendent from time to time. (Ord. 99-1 § 1, 1999)

12.04.220 As-built drawings, plans and profiles.

Upon completion of the excavation work, the city street superintendent may request the permittee to submit to the city accurate drawings, plans and profiles showing the location and character of all underground structures installed during excavation work. (Ord. 99-1 § 1, 1999)

12.04.230 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. 99-1 § 1, 1999)

12.04.240 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. 99-1 § 1, 1999)

12.04.250 Stop work order.

The city street superintendent 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 pursuant to 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 city street superintendent 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 of the permit by the city street superintendent upon the taking of appropriate remedial action. (Ord. 99-1 § 1, 1999)

12.04.260 Penalties for violation.

Any person, firm or corporation violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished in accordance with EWMC 1.20.010. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. 99-1 § 1, 1999)