Chapter 12.16 STREET UTILITIES CODE

The purpose of this chapter is to provide minimum standards, requirements, and rules and regulations governing the installation, excavation in public properties for any utility system or other purpose within the city, and movement of traffic, maintenance of safety, and protection of existing improvements during such work. (Prior code §15.32.010)

12.16.020 Scope.

All work done with respect to a utility system or other purpose up to the property line or to a meter shall comply with the requirements of this chapter. (Prior code §15.32.020)

12.16.030 Definitions.

The following definitions are provided for the sole purpose of proper interpretation and administration of this chapter:

A. “City supervisor” means the city manager or his duly authorized representative.

B. “Construction” or “construct” means constructing, laying, maintaining, testing, operating, extending, renewing, removing, replacing, and repairing a utility distribution system.

C. “Distribution system,” “system,” and/or “lines” used either in the singular or plural means and includes the gas pipes, conduits, poles, and wires, sewer, and water lines, mains, laterals, feeders, regulators, meters, fixtures, connections, and all attachments, appurtenances, and appliances necessary and incidental thereto or in any way appertaining to utilities.

D. “Gas” means natural, artificial, and/or mixed gas.

E. “Maintenance,” “maintaining,” and/or “maintained” means and includes the relaying, repairing, replacing, examining, testing, inspecting, removing, digging, excavating, and restoring operations incidental thereto.

F. “Permittee” means any person, company, partnership, or corporation, or its successors and assigns, holding a franchise, license or permit to construct, lay, maintain, and operate over, across, upon, along, and under the present and future streets, alleys, sidewalks, curbs, roads, highways, thoroughfares, parkways, bridges, viaducts, public property, public improvements, and other places in the city a system of pipes, pipe lines, water mains, power conduits, underground wiring, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and attachments, appurtenances, appliances incidental thereto or in any way appertaining thereto for the purposes of transporting, transmitting, distributing, selling, and supplying utilities of every type and nature for domestic, commercial, and industrial purposes and other reasons and purposes to inhabitants, persons, firms, associations, and corporations, within the city for public, domestic, and industrial use, and other purposes.

G. “Person” means any person, firm, association, or corporation.

H. “Public properties” means and includes streets, alleys, sidewalks, curbs, roads, highways, avenues, thoroughfares, parkways, bridges, viaducts, public grounds, public improvements, and other public places within the present and/or future city limits.

I. “Roadway” means the paved, improved, or proper driving portion of a public right-of-way designed, or ordinarily used for vehicular travel.

J. “Utility” or “utility system” means any gas, oil, water, sewer, light, power, telephone, television, steam, burglar alarm, distribution system, pipes, or pipe lines, conduits, poles and wires, or other facilities necessary or appertaining thereto, and railroads, both public and private, and whether operating under a franchise or not. (Ord. 1061 §8, 1990; prior code §15.32.030)

12.16.040 Permit required.

It is unlawful for any person to place any ducts, conduits, wires, pipes or mains below the surface of any public properties, to dig up, break, excavate, tunnel, undermine, cut, or in any way obstruct or disturb any public properties in the city or to fill in, place, leave, or deposit in, or upon, any public properties any earth, refuse, gravel, rock or other material or thing tending to obstruct, disturb, or interfere with the free use of the same for the installation and/or maintenance of a utility system or for the purpose of making an underground utility connection with any premises, without first having obtained a permit, or without complying with the provisions of this chapter. Provided, however, that in case of an emergency arising out of 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 next following business day. (Prior code §15.32.040)

12.16.050 Permit applications.

A. The permittee shall file in quintuplet, on forms supplied by the city supervisor (one copy of permit form with approval endorsed thereon is to be returned to the permittee), with the city detailed plans, plat or plats, detailed specifications (other than those set forth in the rules and regulations of the public service commission), and profiles of such size and at such scale as prescribed by the city, of pipes or mains, and fixtures to be laid or installed underneath public properties which shall show the centerline of the street or alley and in relation thereto, the position, location, and depth of the distribution system, the height of the proposed work, the pipes or mains intended to be laid, the size of the pipes or mains, the location of the manholes leading to the pipes or mains and the depth of the pipes or mains from the surface, and such other information as he may require. The permittee, its successors and assigns, shall amend the plans, plat or plats, specifications, and profiles in accordance with the orders of the city before the city issues the permit and before the permittee commences construction or the laying of the pipes or mains. The permittee shall advise the city supervisor in writing of the plan of the excavation, obstruction, or other thing desired to be done or constructed, the size thereof, the purpose therefor, the public properties so to be excavated and/or obstructed, together with a full description of the nature of such work, and the name of the person, firm, or corporation, doing the actual excavating work and the name of the person, firm, or corporation for whom or which the work is being done. Whenever additional improvements or extensions are made, additional plans, plat or plats, specifications, and profiles shall be filed with the city in the same manner as required above. The application shall contain an agreement that the applicant will Comply with all ordinances and laws relating to the work to be done, and that no openings shall be made until necessary fittings and materials are available and on hand to complete the work.

B. Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground, or until the refill is made ready for the pavement to be put on by the city if the city restores such pavement. It is unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the city supervisor. If an extension of time is needed to complete the work beyond the time originally prescribed, a new application for a permit must be filed, and when the application therefor is signed by the city supervisor, it shall constitute the permit provided the bond and insurance is extended for the period of the extension granted. (Prior code §15.32.050)

12.16.060 Permit issuance.

A. If, after examining such application and map, plans, specifications, and plat or plats, the city supervisor approves the same and the bond and a Workmen’s Compensation Insurance Certificate, provided for herein, are filed; he may issue a permit therefor. Such permit shall specify the name and location of, the name and location of the public properties in front of, through, under, or near which acts are to be performed or done, together with a description of the proposed work or acts to be done under such permit and the length of time allowed for the completion thereof. The permit shall require the repairing and restoring to as good or better condition and in compliance with the conditions and specifications of this chapter, whatever portion of the public properties and/or private properties which may be obstructed, disturbed, or affected in any way within a specified time. The acts and work authorized and/or required under such permit shall at all times be under the supervision and control of the city supervisor or persons acting under his direction, but at the expense of the person procuring such permit.

B. The city supervisor may, in his discretion, defer the granting of the permit hereinabove provided for, until such time as he deems proper in all cases in which the public properties where the work desired to be done is occupied or about to be occupied in any work by the city, or by some other person having a right to use the same in such manner as to render it seriously inconvenient to the public or permit any further obstruction thereof at such time. He may, in granting such permit, so regulate the manner of doing such work as shall cause the least inconvenience to the public in the use of such public properties, and in all cases any work of the city or its contractors or employees shall have precedence over all work of every kind. (Prior code §15.32.060)

12.16.080 Bonds--Insurance.

A. Before a permit as herein provided shall be issued, the applicant shall execute and deliver to the city and file with the city supervisor a bond in the sum of six thousand dollars, or such additional amount as the city supervisor deems to be necessary for each bond, for each complete working unit (“spread”) under construction in a form to be approved by the city attorney, and with a surety (or sureties) approved, conditioned that the permittee will comply with all of the provisions of this chapter, and that the applicant will keep and save harmless the city from any and all claims, liabilities, judgments, costs, casualty, accident, or damages, and expenses arising from any negligence of such permittee on account of any act which he may do or suffer to be done or omission of said permittee in the performance of the work under the permit, or which may be done by any of his agents, servants, or employees, or which may arise from any negligence of himself, his agents, servants, contractors, or employees, or any of them, in obstructing or in any way disturbing any private or public properties, or by reason of the violation of any of the provisions of this chapter. Provided, that said bond shall only be required of electric and telephone utilities, when they place wires underground. The city supervisor shall determine the number of units (“spreads”) and number of bonds needed at any one time. The permittee shall also indemnify and save harmless the city from all suits and actions of every description brought against the city for, or on account of, any injuries or damages received or sustained by any person by reason of failure to erect and maintain the required guards, barricades, or signals. Provided further, that in case the act or acts permitted under such permit necessitate for any purpose the cutting into, or under, any public properties in the city, said bond shall be conditioned that the person, firm, or corporation applying for and acting under, the permit shall replace the portion thereof affected thereby, and shall restore the same at its expense to as good or better condition within the time specified by the city supervisor; and further conditioned that the permittee will maintain such public properties so restored for a period of two years from, and after, such restoration. Settlement within the two-year period mentioned in this section shall be considered conclusive evidence of defective backfilling by the permittee. Acceptance of the work, and the release of the same, shall not prevent the city from making claim against the permittee for uncompleted or defective work if the same is discovered within two years from the date of such release. The fact that an inspector was present during the progress of any construction shall not relieve the permittee from responsibility for defects discovered after completion of the work. The permittee shall also maintain in full force and effect with an insurance company satisfactory to the city the following:

1. Bodily injury liability insurance, with limits of ten thousand dollars for each person injured by reason of the work for which the permit was issued, and fifty thousand dollars for each occurrence;

2. Property damage liability insurance, with limits of fifty thousand dollars for each accident, and one hundred thousand dollars aggregate.

B. The permittee also shall comply with all the Workmen’s Compensation and safety laws of the state, and as hereafter amended, and shall file a Workmen’s Compensation Insurance Certificate with the city supervisor when the permit is issued. (Prior code §15.32.080)

12.16.090 Written notice to city supervisor.

A. The permit shall be issued in quadruplicate and the city supervisor shall transmit forthwith one copy thereof to the chief of police and one copy to the city clerk-treasurer.

B. The permittee shall give twenty-four-hour written notice to the city supervisor before it makes any opening in public properties for installations in excess of one hundred feet and/or for initial major construction. Before it commences to backfill any opening of public properties, it shall give two-hour notice to the city supervisor and obtain his approval.

C. The permittee shall give written notice of the opening and backfilling of public properties to any corporation whose pipes, poles, mains, or conduits are laid in the street if it knows of their existence and that they will be disturbed by such excavation at least twenty-four hours before commencing the same, and shall, at his expense replace and pack the earth wherever the same shall have been removed, loosened, or disturbed, under or around them, so that they will be well and substantially supported.

D. When any work done under a permit issued by the inspector is completed and ready for inspection, the person to whom the permit has been issued shall, within twenty-four hours after completion of the work, notify the inspector in writing that the same has been completed and is ready for inspection, and the inspector shall cause the work to be inspected within a reasonable time thereafter. Any delay in giving written notice to the officials as required herein shall render the permittee liable to a penalty of twenty-five dollars for each day of such delay, and he also shall be liable for all damages done or suffered by the city or any person, firm, or corporation caused by such delay and the bond provided for herein shall stand as security for such penalty and damages. (Ord. 1457 §2(part), 2015; Ord. 1372 §1(part), 2008; prior code §15.32.090)

12.16.100 Accident precaution--Barricades, signs, lights, flares.

A. In case any public properties shall be dug up, excavated, undermined, cut, disturbed, or obstructed, or any obstruction placed thereon, the persons, firm, or corporation causing the same shall erect, and so long as the condition exists, and any danger may continue, maintain around the said portion of the public properties a good and sufficient barrier, watchman, guards, barricades, signals, signing, such as “Construction,” “No Parking,” “Street Closed,” and “Detour,” lighting, and such other safeguards as may be required, at all unsafe places on the work at his own expense to protect persons and property from injury, all of which shall be approved by the city supervisor. He shall also cause to be maintained securely and conspicuously posted, during every night from sunset to daylight, around and at each end of such obstruction, a lighted lantern or lamp wherever necessary showing a red light or approved red flasher light, flares, or flare pots at his own expense. If the excavation is ten feet or less long, one such light or flare shall be so maintained; if it is over ten feet long but less than fifty feet long, three such lights or flares shall be so maintained, with one at each end of it; and for excavations longer than fifty feet, such lights or flares shall be maintained on every twenty-five feet or part thereof for longitudinal cuts, but such lights or flares shall be maintained at six-foot intervals for transverse cuts; provided, that during the nighttime or during the daytime which due to climatic or other causes the visibility is less than one hundred fifty feet on twenty-five mile per hour streets and three hundred feet on thirty-five mile per hour streets, the permittee shall maintain sufficient red lights to warn of the barricaded excavation. The permittee shall provide adequate warning signs and devices in a position of maximum effectiveness. The minimum requirement for warning signs when necessary shall be a set of advance warning signs placed on all primary approaches to the work, at a minimum distance of four hundred feet, but as required by best visibility; sufficient signs and markers in the immediate vicinity of the job shall also be maintained.

B. Red flags shall be placed around at each end of obstructions at intervals of not more than sixty feet along the entire course of the excavation. Special care shall be exercised to prevent vehicles, pedestrians, and livestock from falling into open trenches or being otherwise harmed as a result of the work. Wherever in the course of the work temporary fences are required either for the protection of livestock or any other reason, it shall be the permittee’s responsibility to provide the material and construct such fences in a manner satisfactory to the city supervisor. Upon completion of the work, fences so constructed shall be removed by the permittee. Whenever public properties are to be closed to traffic for a definite length of time or for a period of time as directed by the city supervisor, the permittee shall completely barricade each of the public properties leading to the improvement with barriers. It is unlawful for any person to tamper with lawfully erected barricades, signs, signals, lights, flares, or flare pots where they are erected as required by this chapter. (Prior code §15.32.100)

12.16.110 Accident prevention--Safety provisions.

Precaution shall be exercised at all times for the protection of persons, including employees, and property. All safety provisions of applicable state laws, standards, and rules and regulations and city ordinances, including building and construction codes as hereafter revised and/or amended shall be observed. (Prior code §15.32.110)

12.16.120 Construction--Routing of traffic.

A. 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 supervisor may permit the closing of the roadway 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 traffic officer. The following steps must be taken before any roadway may be closed or restricted to traffic:

1. Receive the approval of the city supervisor and the chief of police;

2. Notify the chief of police. The chief of police shall be notified in writing by the permittee when he actually commences work.

B. Upon completion of construction work, the above-mentioned persons in subsections (A)(1) and (2) of this section shall again be notified before traffic is moved back to its normal flow so that any necessary adjustments may be made. Where flagmen are deemed necessary by the city supervisor, they shall be furnished by the permittee at its own expense.

C. Through traffic shall be maintained without the aid of detours if possible. In instances in which this would not be feasible, and the city supervisor grants the request for a detour, the city supervisor will designate the detour. The city will maintain roadway surfaces of existing streets designated as detours without expense to the permittee, except in case there are no existing roadways, the permittee will construct all detours at its expense and in conformity with the specifications of the city supervisor. The permittee will be responsible for any unnecessary damage caused to any roadways by the operation of its equipment. (Ord. 1457 §2(part), 2015; Ord. 1372 §1(part), 2008; prior code §15.32.120)

12.16.130 Construction--Maintaining traffic.

A. The permittee shall construct and maintain adequate and safe crossings over excavations and across public properties under improvement to accommodate vehicular and pedestrian traffic at all street intersections and wherever a trench crosses a roadway.

B. Vehicular crossings shall be constructed and maintained of plank, timbers, and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. The top surface of such decking shall not be above the level of the adjacent roadway.

C. Pedestrian crossings shall consist of planking three inches thick, twelve inches wide and of length required, together with necessary blocking. The walk shall be not less than four feet in width and shall be provided with a railing, if required by the city supervisor. (Prior code §15.32.130)

12.16.140 Utility removal--Protection.

A. The permittee shall not interfere with any existing utility without the consent of the city supervisor and the utility involved. If it becomes necessary to move an existing utility this shall be done by the utility charged with the operation of the same, at the expense of the permittee. Whenever the permittee’s existing utility, occupying space in the street, interferes with the actual construction of any public improvement, such utility shall be moved by the permittee; provided, that no utility, either publicly or privately owned, shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee.

B. The permittee shall, at its expense, sustain, secure, support, and protect by timbers or otherwise, all pipes, mains, conduits, poles, wires, or other apparatus from injury which may be in any way affected by the work, and do everything necessary to support, sustain, and protect the same, under, over, along, or across said work. In case any of the pipes, conduits, poles, wires, or apparatus should be damaged, they shall be repaired by the authorities having control of the same, and the expense of such repairs shall be charged to the permittee and its bond shall be liable therefor.

C. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electric conduit, or other utility and its bond shall be liable therefor.

D. The permittee shall inform itself as to the existence, and location of any underground utilities and protect the same against damage. (Prior code §15.32.140)

12.16.150 Work--Property protection.

A. The permittee shall erect and maintain suitable timber bulkheads to confine earth from trenches or other excavations in order to encroach upon public properties as little as possible. The permittee shall, at its own expense shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of the work, and shall be held responsible for all damage to public or private property, streets, or improvements resulting from its neglect to exercise proper protection in the prosecution of the work.

B. It is unlawful fore any person other than a duly authorized officer or employee of the city, or a person holding a permit from the city supervisor, to dig up, or in any manner injure, destroy, or trim any tree, flower, flowering plant, or shrubbery, in any public properties.

C. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as provided in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as near as possible to that which existed before work began.

D. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified the property owners, or, in the case of public properties, the authorities maintaining the same.

E. When required by the city supervisor, existing top soil shall be carefully removed to the depth ordered by the city supervisor and shall be piled in such a place and in such a manner that it will not become mixed with other soil, and upon completion of the remainder of the backfilling shall be replaced in its original position in a manner satisfactory to the city supervisor. In the event an embankment resulting from required pipe covering should be constructed through the area, such embankment shall be covered with top soil the same as the rest of the area. (Prior code §15.32.150)

12.16.160 Damage to existing improvements--Permittee responsibility.

All damage done to existing improvements during the progress of such work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of applicable ordinances. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the city supervisor may cause the necessary labor and materials to be furnished by other parties, and the cost thereof shall be charged against the permittee, which shall be liable on its bond therefor. (Prior code §15.32.160)

12.16.170 Maintaining postal service.

Postal service shall be maintained in accordance with the instructions of the United States Post Office Department. The permittee shall be responsible for moving mail boxes to temporary locations designated by the Post Office Department, and upon completion of the work, he shall replace them as directed. The permittee shall contact the United States Post Office Department to determine its requirements with respect to the maintenance of postal service and shall comply with these requirements. (Prior code §15.32.170)

12.16.180 Monument preservation.

The permittee shall not disturb any survey monuments or hubs found on the line of improvements until authorized to do so by the city supervisor. A penalty of twenty-five dollars shall be imposed for any monument or hub disturbed without such authorization. (Prior code §15.32.180)

12.16.190 Property lines--Easements limits.

Property lines and limits of easements shall be indicated on the plans, and it shall be the permittee’s responsibility to confine its construction activities within these limits. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee. (Prior code §15.32.190)

12.16.200 Care of excavated material.

In all trenches four feet or more in depth, all material excavated therefrom and piled adjacent to the trench, or in public properties shall be piled and maintained in such a manner that the toe of the slope of the excavated material is at least eighteen inches from the edge of the trench. It shall also be piled so that as little inconvenience as possible is caused to public travel and shall be placed so as not to interfere with the flow of water as provided for in this chapter.

When the confines of the area through which pipes are to be laid are too narrow to permit the piling of excavated material beside the trench, such as might be the case in an alley, the permittee may be required to haul excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all storage and disposal sites required. .Prior code §15.32.200)

12.16.210 Interference with firefighting equipment.

The work shall be conducted so as not to interfere with access to fire stations, fire hydrants, and water gates. Material or obstructions shall not be placed within fifteen feet of fire plugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of material piles or other obstructions. (Prior code §15.32.210)

12.16.220 Watercourse provisions.

The permittee shall provide for the flow of all watercourses, sewers, or drains, intercepted during the progress of the work, and shall replace the same in as good condition as it found them or shall make such final provisions for them as the city supervisor may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, mud, silt, slickings, or other runoff pumped from excavations, and shall be responsible for any damage resulting from his failure to so provide. (Prior code §15.32.220)

12.16.230 Construction clean up.

As the construction or maintenance work progresses, all public properties and private property shall be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from the work of construction. Cleaning up the location of such properties or property shall be accomplished at the expense of the city supervisor before final acceptance of the work. From time to time, as may be ordered by the city supervisor, and in any event, immediately after completion of the work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work, and upon failure to do so within twenty-four hours after having been notified to do so by the city supervisor, the work may be done by the city and the cost thereof charged to the permittee, and the permittee’s bond shall be liable for the cost thereof. (Prior code §15.32.230)

12.16.240 Snow--Ice removal.

The permittee must also remove, within twenty-four hours, all snow and ice that may fall or form within the barricade, or, in case there is no barricade, the permittee shall remove all snow and ice upon the street within five feet upon either side of the opening, and keep such space free from snow and ice until the opening is properly refilled, unless otherwise directed by the city supervisor. (Prior code §15.32.240)

12.16.250 Sanitary provisions.

The permittee shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements and regulations of the city, county, or district health department as the case might be. It shall permit no public nuisance. (Prior code §15.32.250)

12.16.260 Trench specifications.

A. In all cases, trenches must be of sufficient width to permit the proper jointing of the pipe. The trenches shall be at least six inches wider on each side, or a total width of twelve inches more than the exterior diameter of the pipe, except where pipes are of four inches in diameter or under. If rock is excavated, it shall be removed to a depth of six inches below the bottom so the trench can be refilled with sand or noncorrosive soil and be well tamped. Excavation for manholes and other structures shall be sufficient to leave at least twelve inches between their outer surfaces and the sides of the excavation.

B. Except by special permission from the city supervisor, no trench shall be excavated more than five hundred feet in advance of pipe laying, nor left unfilled for more than seven hundred feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available to the site ready to put in place.

C. Trenches over four feet deep shall be braced and sheathed according to the standards and rules and regulations of the State Department of Labor and Industries, and as hereafter amended, to protect the workmen and the general public as well as public and/or private property. No timber bracing, lagging, sheathing, or other lumber shall be left in any trench. (Prior code §15.32.260)

12.16.270 Trench water removal.

The permittee shall pump, bail, or otherwise remove any water which accumulates in trenches. It shall perform all work necessary to keep the trenches clear of water while the foundations and the masonry are being constructed or the pipe laid. Unless otherwise specifically permitted by the city supervisor, water, either from surface or sub-surface origin, will not be permitted in the trenches at any time during construction and until backfilling over the top of the pipe has been completed; nor will the ground water level in the trench be permitted to rise above an elevation of six inches below the pipe. Dewatering trenches, when required, may be accomplished in any manner the permittee desires, provided the chosen method has the approval of the city supervisor. Any damage resulting from the failure of the chosen method to operate properly, however, shall be the responsibility of the permittee, and shall be repaired, in a manner satisfactory to the city supervisor, at the permittee’s expense. (Prior code §15.32.270)

12.16.300 Trench backfill and restoration.

A. Materials and workmanship shall be in conformance with the WSDOT/APWA Standard Specifications for Road, Bridge, and

Municipal Construction. Construction shall be in conformance with Drawings 44 though 48, with the details and conditions outlined in the right-of-way use permit, and with the following:

1. Trench restoration shall be accomplished with a patch or an overlay as required by the public works supervisor.

2. If a patch is used, the trench limits shall be sawcut a minimum of twelve inches per side of the trench edge prior to final patch. A geosynthetic paving fabric approved by the public works supervisor shall be installed between asphalt and fill unless fill materials is

Controlled Density Fill (CDF).

3. All trench and pavement cuts shall be made by sawcuts or by grinding. The sawcuts or grinding shall be a minimum of eighteen inches edge to edge of the trench width.

4. If the right-of-way use permit requires an overlay, then the contractor may use a jackhammer, saw or drum grinder for the cutting of the existing pavement.

5. Backfill shall be crushed surfacing materials compacted to a minimum of ninety-five percent or a controlled density fill material conforming to Section 4-04 of the Standard Specifications. CDF shall be required on all arterial streets.

6. Material used for bedding must be approved by the public works supervisor.

7. All trench backfill shall be compacted to ninety-five percent maximum density, as described in Section 203 of the Standards Specifications.

8. Backfill compaction shall be performed in eight to twelve inch lifts. The compaction tests shall be performed in maximum depth of every two feet. The test results shall be given to the transportation inspector for review and approval prior to paving. Material testing will be required for trench backfill (native or imported), asphalt, and concrete. Testing shall be performed by a certified independent testing laboratory. The cost of testing is the responsibility of the franchise utility or contractor. The number of tests required shall be the same as for asphalt density testing, or as directed by the public works supervisor. Acceptance testing may also be performed by the city.

9. Temporary restoration of trenches shall be accomplished by using cold mix or steel plates. After compaction, the trench must be filled flush with asphalt to provide a smooth riding surface. Streets containing a geosynthetic fabric shall be overcut. A minimum of thirty-six inches on each side to allow for fabric overlap fabric shall be approved by the public works supervisor.

10. ATB shall be placed to the compacted depth as shown on Drawing 47 or as directed by the review engineer. Asphalt cement shall be paving asphalt AR-4000W. Materials shall conform with Section 9-02.1(4) of the Standard Specifications.

11. Tack shall be emulsified asphalt grade OSS-1 as specified in Section 9-02.1(6) of the Standard Specifications and shall be applied to the existing pavement and edges of sawcuts as specified in Section 5-04 of the Standard Specifications.

12. Asphalt concrete Class B or Modified C 5/8" aggregate shall be placed on the prepared surface by an approved paving machine and shall be in accordance with the requirements of Section 5-04 of the Standard Specifications, except that longitudinal joints between successive layers of asphalt concrete shall be displaced laterally a minimum of twelve inches, unless otherwise approved by the public works supervisor. Fine and coarse aggregate shall be in accordance with Section 9-03.8 of the standard specifications. Asphalt concrete over two inches thick shall be placed in equal lifts not to exceed two inches each.

13. Cuts for trenches in all street surfaces, walks, and driveways shall be either ground or sawcut. Ground joints shall be feathered and shimmed to provide a smooth surface. Feathering and shimming shall be accomplished by raking out the oversized aggregates from the Class B mix. Surface smoothness shall conform to Section 5-04.3(13) of the Standard Specifications. The paving shall be corrected by removal and repaving of the trench only.

14. Compaction of all lifts of asphalt shall be at an average of ninety-five percent of maximum density as determined by WSDOT Test Method 705. The number of tests required per square foot of trenching shall be as follows:

a. One test for less than fifty square feet of trenching area;

b. Two tests for fifty to one hundred square feet of trenching area;

c. Two tests for one hundred-plus to three hundred square feet of trenching area;

d. One test for every two hundred square feet over three hundred square feet of trenching area or every one hundred lineal feet of trench, if applicable.

Testing shall be performed by a certified independent testing laboratory. The cost of testing is the responsibility of the franchise utility or contractor. Acceptance testing may also be performed by the city materials laboratory as required.

The testing is not intended to relieve the contractor from any liability for the trench restoration. It is intended to show the inspector and the city that the restoration meets these specifications.

15. All joints shall be sealed using paving asphalt AR4000W. ASTM D-1100 or as approved by the public works supervisor.

B. A five-year moratorium on pavement excavation and trenching shall be enforced following the completion of a new street or street overlay. This requirement restricts all street trenching except in the event of an emergency or as outlined in the city’s policy for public works permits. Emergency cuts shall be billed per the rate schedule in subsection H of this section.

C. Asphalt patch depths will vary based upon the classification of the streets being trenched. The asphalt depths shall be shown on the public works permit and the work shall be performed as required by the attached details The minimum paving depths for all trenching are:

1. Four inches for arterial streets;

2. Two inches for local streets;

3. Two inches for driveway approaches and walkways.

D. When trenching occurs within the street shoulder, the shoulder shall be restored to its original or better condition within thirty days of first opening the trench. Crushed rock compacted to ninety-five percent shall be required in all parking or driving areas’. Like native materials compacted to ninety percent may be allowed in other areas.

E. The final patch shall be completed within thirty days of first opening the trench. This time frame may be adjusted if delays are due to inclement weather or other adverse conditions, measures to eliminate moisture intrusion shall be installed as soon as possible. Delay of final patch or overlay work must be approved by the review engineer.

F. Any patch or overlay on an arterial shall be made permanent and complete as soon as possible.

G. The city of Goldendale will reinstall asphalt for six dollars per square foot per each two inch lift. Determination of pavement contractor or city installation shall be made at time of permit issuance.

H. Permit Fees.

1. Standard Fees.

a. Fifty dollars to cut any asphalt or BST pavement plus repairs, if repairs are made by city forces. If repairs are made by private contractor, seventy-five dollars,

b. Twenty-five dollars to bore under pavement.

c. Six dollars per square foot for city repairs in two inch lifts.

2. Emergency Cuts on Streets Paved Within Five

Years.

a. For purposes of this section “emergency” means unforeseen circumstances beyond the control of the utility that either:

i. Present a real, immediate threat to the proper performance of essential functions; or

ii. Will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken and where there is no reasonable alternative for correcting the problem.

b. Five hundred dollars for any emergency street cut on a street overlaid within the last five years, if repairs are made by city forces. Seven hundred fifty dollars if repairs are made by private contractor.

c. One hundred fifty dollars to bore any street overlaid within the last five years.

d. Twelve dollars per square foot, in two inch lifts for city repairs on streets overlaid within the last five years. (Ord. 1253 §2, 1999)

12.16.350 Backfilling--Excess material disposition.

Any excess material resulting from trench excavation shall be disposed of by the permittee at his own expense in a manner satisfactory to the city supervisor. Such excess material shall be deposited on private property abutting the portion of the public properties from which it was excavated, if so requested by the abutting property owner involved. (Prior code §15.32.350)

12.16.360 Surface restoration--Permittee responsibility.

A. The permittee shall restore the surface of all roadways to their original condition in accordance with the specification of the city supervisor.

B. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place. This gravel shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee must exercise special care in making temporary restorations and must maintain such restorations in safe travelable condition until such time as permanent restorations are made. The asphalt which is used in the bituminous mixture for pavement herein required, shall be in accordance with the specifications of the city supervisor. (Prior code §15.32.360)

12.16.380 Utilities—Drawings, plans, profiles maintenance.

Users of subsurface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps shall be filed with the city supervisor periodically, but at least every ninety days after new installations are made. (Prior code §15.32.380)

12.16.390 Utilities--Location.

All utilities shall be located in accordance with the city ordinance applicable thereto, or if there is no such ordinance, at locations as directed by the city supervisor. However, where gas pipes shall be laid in streets, alleys, or easements wherever possible, or at locations by direction of the city supervisor, gas pipes shall have a lateral clearance of two feet from other utilities, and in case of sewer pipes, a minimum of three feet. Provided, that under exceptional circumstances, the city supervisor, with the written consent of the utility involved, may authorize less clearance. Pipes shall have a vertical clearance of twelve inches when crossing another pipe. Pipes shall be laid with a cover of not less than thirty inches, and thirty inches below all irrigation and drainage ditches or flumes, except that, under exceptional circumstances, the city supervisor may authorize less coverage. Where a trench is in rock, the depth may be twenty-four inches if the pipe is properly cushioned as required by Section 12.16.260. In the event interference with other subsurface structures makes it impractical to maintain the above depths and clearances, the city supervisor, with the written consent of the utility involved, may permit gas pipe lines and mains to be constructed so as to avoid such subsurface structures. (Prior code §15.32.390)

12.16.400 State regulations adopted by reference.

The following are adopted by reference: The state rules and regulations of the Washington Public Service Commission and the safety standards and rules and regulations of the State Department of Labor and Industries, as hereafter revised and/or amended by the state; provided, however, that in the event any of the provisions of this chapter conflict with any other provisions of this chapter, or with any other ordinances of the city, with the standards embodied in state and federal laws and rules and regulations, the provisions containing the highest standards shall be observed. (Prior code §15.32.400)

12.16.410 Public nuisance abatement.

If any person erects a structure upon, makes excavations in, or places material upon, public properties, or allows or permits any earth, rock, stones, trees, logs, stumps or other substances to cave, fall, crumble, slide, accumulate, or be otherwise deposited, or having been so deposited, to be or remain upon any public properties, without a permit therefor having been first obtained, as herein provided, shall be deemed to have created a public nuisance. In addition to the penalties provided for violation of this chapter, such a nuisance shall be abated with, or without, action, and such other proceedings shall be taken with respect thereto as are authorized by law and the ordinances of the city for the prevention, abatement, and punishment of nuisances; and it shall be no defense to any prosecution or proceeding under this section, that the person violating the same has a franchise to use or occupy such public properties. (Prior code §15.32.410)

12.16.420 Violation--Penalty.

Any person, firm or corporation that fails to comply with, or violates any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in Section 1.20.010. The city shall deduct a penalty of five dollars from the permittee’s deposit for each day the work continues past the time limit specified in the permit. (Prior code §15.32.420)