Chapter 12.12 CONSTRUCTION AND EXCAVATION WITHIN CITY RIGHTS-OF-WAY

“Construction” or “excavation” means the act of opening, excavating, or in manner disturbing or breaking the surface or foundation of any permanent pavement; the establishment or alteration of any established grade or street; and the maintenance or removal of a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances thereto.

“Director of public works” means the Director of public works of the city of Pomeroy.

“Permittee” means any person holding a permit from the city of Pomeroy for the performance of any construction or excavation work within a right-of-way of the city of Pomeroy.

“Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.

“Right-of-way” means a dedicated or owned right-of-way of the city of Pomeroy, between the outer boundaries thereof, within which may be located a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance. A right-of-way or easement is included within the definition of “right-of-way” whether such right-of-way or easement is currently used or not.

“Work” means any construction or excavation within a right-of-way of the city of Pomeroy. (Ord. 666 §1, 1989).

12.12.020 Permit required.

It is unlawful for any person to perform any work in a city right-of-way without first having obtained a permit therefor from the city building official as provided in this chapter. (Ord. 666 §2, 1989).

12.12.030 Permit – Limitation.

No application for a permit shall be received, nor shall any permit be issued, other than to a licensed and bonded contractor of the state of Washington, provided, there if all work to be done under a permit is outside the outer boundaries of a traveled and improved street, highway, or avenue, and the fair market value of the work is equal to or less than two thousand dollars, then a permit may be issued to other than a licensed and bonded contractor. (Ord. 666 §3, 1989).

12.12.040 Permit application.

A. A written application for the issuance of a permit shall be submitted to the city director of public works, on a form and in a manner required by him.

B. At a minimum, the application shall state the name and address of the applicant, the nature, location, and purpose of the work to be performed, the name of the person who will perform the work, the date of commencement and date of completion of the work, and other such data as may reasonably be required by the director of public works.

C. The city director of public works may require that the application be accompanied by plans and/or specifications showing the extent of the proposed work, the dimensions and elevations of the existing ground prior to any excavation, and of the other proposed elevation surfaces, the location of the work, and such other information as may reasonably be required by the city director of public works.

D. The application shall be accompanied by the fee required by this chapter. (Ord. 666 §4, 1989).

12.12.050 Permit – Application processing.

A. The city director of public works shall examine each application to determine if it complies with the provisions of this chapter. The city director of public works shall cause to be inspected the premises which are desired to be used, or otherwise ascertain any facts which may aid in determining whether a permit shall be granted.

B. If the city director of public works finds that the application conforms to the requirements of this chapter, and that the proposed work will not unduly interfere with the right of the public in the right-of-way, he may grant the permit.

C. If an application is denied, the applicant may appeal the denial by the city director of public works to the city council. The city council shall review the application, to ascertain that the denial is based upon nonconformance of the application with the terms of this chapter, and/or a determination that the proposed work will interfere with the right of the public in the right-of-way. (Ord. 666 §5, 1989).

12.12.060 Permit – Fee.

A permit fee shall be charged by the city for the issuance of a permit for work in a right-of-way, which fee shall be in addition to all other fees for permits or charges relative to any proposed work. The amount of such fee shall be established by the city council by resolution, and may be changed by further resolution from time to time as may be necessary. (Ord. 666 §6, 1989).

Annotation. Resolution 99-10 establishes a base minimum fee of $25.00 plus trenching permit per lineal foot of $0.29 and plowing permit per lineal foot of $.018 for the year 2000. For the year 2001 and each year thereafter, the rate shall increase by the most recent National Average Consumer Price Index–Urban increase for the previous year rounded to the nearest one cent.

12.12.070 Permit – Form.

A. The city shall provide each permittee a written permit.

B. It shall be the duty of the permittee hereunder to keep the permit posted in a conspicuous place at the site of the work. (Ord. 666 §7, 1989).

12.12.080 Permit requirement – Exemptions.

The following work shall not require a permit:

A. Any work performed by or under the direction of the director of public works of the city of Pomeroy, including work performed by employees of the city or any person contracting with the city.

B. Any work within the external boundaries of a subdivision, for which approval has been given by the Council or other approving authority of the city. (Ord. 666 §8, 1989).

12.12.090 Performance bond required – Work in excess of two thousand dollars.

A permittee doing work whose fair market value is greater than two thousand dollars shall provide assurance to the city of completion of that work, by one of the following methods:

A. Furnishing a performance bond, approved as to surety by the city manager and as to form by the city attorney, which bond shall be conditioned upon faithful completion of that portion of the work performed pursuant to the permit which will require completion by the city of Pomeroy would the permittee or his contractor default. The amount of such bond shall be determined by the city director of public works.

B. Furnishing to the city an assignment of a savings account, or the placing in trust, of an amount determined by the city director of public works to be sufficient to assure completion of the work. This savings account or trust shall be conditioned so that no amount may be removed therefrom without prior written approval of the city, and shall further provide that, if the work is not performed within the time limit set by the permit, or not done to the satisfaction of the city, then the city may withdraw from the savings account or trust the amount necessary to complete the work. (Ord. 666 §9, 1989).

12.12.100 Permittee – Indemnity to save the city harmless from claims.

As a condition of permit issuance, a permittee shall agree to save and hold the city harmless from, and defend the city against, any claims for personal injury or property damage arising out of or in any way connected with, the performance by the permittee of any work within the rights-of-way of the city of Pomeroy pursuant to the issued permit. (Ord. 666 §10, 1989).

12.12.110 Permittee – Liability insurance required.

A. Any permittee receiving a permit under the terms of this chapter, the fair market value of which is two thousand dollars or less, shall provide to the city satisfactory proof of the existence of a comprehensive liability insurance policy, providing coverage of not less than fifty thousand dollars for personal injury to any one person, one hundred thousand dollars for injury to more than one person arising out of the same incident, and $20,000 for property damage, against claims arising pursuant to permits issued pursuant to this chapter. The city shall further be provided with an endorsement to such policy, naming the city of Pomeroy as an additional insured.

B. Any permittee receiving a permit under the terms of this chapter, the fair market value of which is over two thousand dollars, shall provide to the city satisfactory proof of the existence of a comprehensive liability insurance policy, in providing an amount of coverage of not less than two hundred thousand dollars ($200,000) for personal injury to any one person, five hundred thousand dollars ($500,000) for injury to more than one person arising out of the same incident, and one hundred thousand dollars ($100,000) for property damage, against claims arising pursuant to permits issued pursuant to this chapter. The city shall further be provided with an endorsement to such policy, naming the city of Pomeroy as an additional insured. (Ord. 666 §11, 1989).

12.12.120 Work – Applicable standards – General.

Except as otherwise provided in this chapter, all work performed pursuant to a permit issued pursuant to this chapter shall be done in accordance with the Standard Specifications for Municipal Public Works Construction issued by the Washington State Chapter of the American Public Works Association. (Ord. 666 §12, 1989).

12.12.130 Additional specifications – Sidewalks.

Where there is an existing cement concrete curb, any sidewalk installed or repaired in that location shall be constructed only with cement concrete or any equally satisfactory material approved by the city engineer. (Ord. 666 §13, 1989).

12.12.140 Performance of work – Traffic routing responsibilities.

A. The permittee shall take appropriate measures to assure that, during the performance of the work, pedestrian and vehicular traffic conditions as nearly normal as possible shall be maintained at all times, so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public.

B. The city director of public works may permit the closing of streets to all traffic for a period of time prescribed by him, if in his opinion it is necessary for completion of the permitted work. The following procedure shall be followed before any street may be closed or restricted to traffic:

1. Permittee shall receive the approval of the city director of public works and police department;

2. Permittee shall notify the chief of the fire department of the street so closed;

3. The permittee shall route and control traffic as directed by the police department;

4. Upon completion of the construction work, the permittee shall notify the city director of public works, the city police department and fire department of the return of the street to normal operation;

5. If determined necessary by the city director of public works, flagmen or other protective measures shall be furnished by the permittee, at his expense, during the period of closure. Should it be necessary to provide a detour for traffic, and not existing street exists for such detour, the permittee shall construct a necessary detour at his expense, in conformity with the terms of this chapter. (Ord. 666 §14, 1989).

12.12.150 Performance of work – Traffic protection responsibilities.

A. The permittee shall erect and maintain suitable barriers to prevent earth from trenches or other excavations from encroaching upon the streets, except as may be reasonably necessary for execution of the work.

B. As determined by the city director of public works, the permittee may be required to construct and maintain adequate and safe crossings over excavations of streets under improvement, to permit continued vehicular and pedestrian traffic to use the street or street intersection. Such crossings shall, at a minimum, be constructed and maintained of plank, timbers, and blocking of adequate size to accommodate vehicular and pedestrian traffic with safety. (Ord. 666 §15, 1989).

12.12.160 Performance of work – Fire facilities clearance required.

Any work performed pursuant to this chapter shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or other obstructions shall not be placed within fifteen feet of fire hydrants. Passageways leading to fire escapes or fire fighting equipment shall be kept free of all obstructions. (Ord. 666 §16, 1989).

12.12.170 Performance of work – Adjoining property protection requirements.

A. Permittee shall, at all times, at his expense, preserve and protect from injury any public or private property adjoining the location of the work, by taking all necessary measures for such purpose.

B. If it is necessary for the proper performance of the work that adjoining property be entered upon, the permittee shall obtain a license or other permission from the owner of said property for such purposes. Such license or permission shall be presented to the city director of public works as a portion of the application for the permit, and the city director of public works shall not issue a permit until such time as all necessary licenses have been obtained and presented to him. (Ord. 666 §17, 1989).

12.12.180 Performance of work – Utility facilities protection requirements.

A. Permittee shall not interfere with any existing utilities without the written consent of the utility company or person owning the utility.

B. If it necessary to remove an existing utility, this shall be done by the owner, at the expense of the permittee.

C. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may in any way be affected by the work, and do everything necessary to support, sustain and protect those facilities.

D. In case of any of such utilities shall be damaged by the work, it shall be repaired by the owner thereof, at the expense of the permittee.

E. The permittee shall inform itself, prior to commencing work, as to the existence and location of all underground utilities, and protect the same against damage, in accordance with the provisions of this section. (Ord. 666 §18, 1989).

12.12.190 Liability for damage to streets.

A. The permittee will be responsible for all damage of any kind to the streets or highways of the city as a result of performance of work under the terms of the permit granted pursuant to this chapter, including damage done by mobile equipment required to be present at the site.

B. All damage shall be repaired by the permittee, or if the director of public works determines, such damage shall be repaired by the city, and the cost thereof shall be billed to the permittee.

C. If, upon being ordered to repair the damage, the permittee fails to furnish the necessary labor and materials for the repairs, the city shall have the authority to cause such labor and materials to be furnished by the city and the cost shall be charged against the permittee. (Ord. 666 §19, 1989).

12.12.200 Protective measures, barriers, and lights required.

A. The permittee shall be erect such fence, railing or barriers about the site of the excavation work and shall prevent danger to persons using the city streets or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight, there shall be placed upon such place of excavation, excavated materials, and upon the protective barriers, suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions.

B. It is unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public. (Ord. 666 §20, 1989).

12.12.210 Excavated material maintenance requirements.

A. All material excavated from trenches and piled adjacent to the trench or in any street shall be properly maintained in such manner as not to endanger those working on the trench, pedestrians or users of the streets, so that as little inconvenience as possible is caused to those using streets and adjoining property.

B. Where the confines of the area being excavated are too narrow to permit the piling of excavated materials beside the trench, the city director of public works shall have the authority to require that the permittee haul the excavated materials to a storage site, and then re-haul 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 required storage and disposal. (Ord. 666 §21, 1989).

12.12.220 Clean-up requirements.

A. At the conclusion of the work at a particular site, all streets and private property shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work.

B. Such clean-up work shall be performed within twenty-four hours of conclusion of the work, or as otherwise directed by the city director of public works, and at the expense of the permittee. Should the permittee, after having received an order to do so, fail to clean up such refuse, such work shall be done by the city, either by itself or by contractor, and the cost thereof charged to the permittee. (Ord. 666 §22, 1989).

12.12.230 Water courses, sewers and drains – Protection.

A. The permittee shall provide for the flow of all water courses, sewers or drains which are involved in the work, and shall replace the same in as good condition as it found them or shall make such provisions for them as the city engineer may direct.

B. 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.

C. The permittee shall make provisions to take care of all surplus water, muck, silt, or other run-off pumped or resulting from the work, and shall be responsible for any damages resulting from his failure to so provide. (Ord. 666 §23, 1989).

12.12.240 Breaking through existing pavement.

A. If, in the performance of any work, it is necessary to break through existing pavement, the pavement shall be removed to at least six inches beyond the outer limits of any subgrade that is to be disturbed, in order to prevent settlement, and a six inch shoulder of undisturbed material shall be provided on each side of the excavated trench. Pavement shall be vertical.

B. A power driven concrete saw shall be used so as to prevent complete breakage of concrete pavement or base without ragged edges. Asphalt pavement shall be scored or otherwise cut in a straight line. No pile driver may be used in breading up existing pavement. (Ord. 666 §24, 1989).

12.12.250 Tunnels.

Tunnels under pavement shall not be allowed, except where required or permitted by the city director of public works. When tunneling is performed under thoroughfares, concrete streets, state highways, asphalt streets, or wherever otherwise designated by the city director of public works, such work shall be one by jacking or boring of casings under the street surface, and placing pipes or cables inside of such casings. (Ord. 666 §25, 1989).

12.12.260 Backfilling – Requirements.

A. Backfilling of any excavation shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug, or as otherwise directed by the city director of public works. Compacting shall be done by mechanical tampers or vibrators, be rolling in layers, or by water settling, when special permission therefore is given, all as required by the soil in question and sound engineering practices generally recognized in the construction industry.

B. When water is taken from a fire hydrant the permittee shall assign one man to operate the hydrant and shall make certain that said man has been instructed in the operation of the hydrant. Any damage done to the hydrant during the excavation shall be the responsibility of the permittee. Water shall be paid for by the permittee, in accordance with existing rate schedules therefore. (Ord. 666 §26, 1989).

12.12.270 Surface restoration.

A. Permittee shall compact the backfill to the top of the trench, and shall then notify the city director of public works that the excavation and backfill work is complete.

B. The permanent restoration of the streets shall be made by the city, after the permittee has completed his work.

C. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. When such temporary surface is required, the fill above the bottom of the paving slab shall be made with suitable materials, in accordance with the preceding section, and this fill shall then be topped with a minimum of at least one-inch bituminous mixture, which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of such temporary restoration shall not exceed one-inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations, and must maintain such restoration in a safe traveling condition until such time as permanent restoration can be made. Asphalt which is used shall be in accordance with specification of the city director of public works.

D. If, in the judgment of the city director of public works, it is not expedient or necessary to replace the pavement over any cut or excavation made in the street, upon 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, asphalt, or other suitable material designated by him over such cut or excavation, to remain until such time as repair of the original pavement may be properly made.

E. Acceptance or approval of any work by the city director of public works shall not prevent the city from asserting a claim against the permittee for incomplete or defective work, if it is discovered within twelve months from the completion of the work. The city director of public works’ presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder. (Ord. 666 §27, 1989).

12.12.280 Permanent restoration – Deposit required.

A. Upon the approval and grant of the permit, the permittee shall deposit a restoration fee with the city, to assure that the work to be performed by the city in permanent restoration of the street shall be performed. The minimum amount of such deposit shall be determined by the city council by resolution, and may be changed from time to time. The city director of public works may require additional amounts, if he determines that the minimum amount is not sufficient to guarantee performance of the work.

B. All work by the city shall be billed against the amount of the deposits made.

C. If there are funds remaining after completion of the work, they shall be returned to the permittee.

D. If the amount of the deposit is not sufficient to cover the costs incurred by the city in performing its responsibilities, then the amount remaining due and owing over and above the amount of the deposit shall be billed to the permittee by the city. (Ord. 666 §28, 1989).

12.12.290 Work to be completed promptly.

The permittee shall prosecute with diligence and expedite all work, and shall promptly complete such work and restore the street in accordance with the provisions of this chapter, and soon as practicable, and in any event, not later than the date specified in the permit. (Ord. 666 §29, 1989).

12.12.300 Noise, dust, and debris restrictions.

A. Each permittee shall conduct and carry out the excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust, and unsightly debris.

B. Between the hours of 10:00 p.m. and 7:00 a.m., the permittee shall not use, except with the express written permission of the city director of public works, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants in the neighboring property. (Ord. 666 §30, 1989).

12.12.310 Monuments.

The permittee shall not disturb any surface monuments or hubs found in the line excavation work, until authorized to do so by the city director of public works. All street monuments, property corners, bench marks and other monuments disturbed by the progress of the work shall be replaced at the cost of the same and shall be paid by the permittee. (Ord. 666 §31, 1989).

12.12.320 Inspections.

The city director of public works shall make such inspections as are reasonably necessary in the enforcement of this chapter. The city director of public works shall have the authority to promulgate and cause to be enforced such rules and regulations as must be reasonably necessary to enforce and carry out the intent of this chapter. (Ord. 666 §32, 1989).

12.12.330 As-built drawings.

A. Permittees who install structures below the surface of the street shall furnish the city director of public works with accurate drawings, plans and profiles, showing the location and curvature of all underground structures installed, including abandoned installations. Horizontal locations are to be referenced to street center-lines or curb lines, as marked by survey monuments, and shall be accurate to a tolerance of plus or minus one foot. The depth of such structure may be referenced to the elevation of the finished street above said utility, with depths to the nearest one-tenth foot being shown in a minimum of fifty foot intervals along the location of said utility.

B. Such “as-built” drawings shall be submitted to the city director of public works’ office within thirty days after completion of the work. (Ord. 666 §33, 1989).

12.12.340 Limitation of liability.

This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured with the performance of any work for which a permit has been issued. The city and its officials or employees shall not be deemed to have assumed any liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any work. (Ord. 666 §34, 1989).

12.12.350 Violation – Penalty.

Any person violating any provision of this chapter is guilty of a misdemeanor, and shall be punished by a fine not to exceed $500.00. Each day that a violation continues shall constitute a separate offense. (Ord. 666 §35, 1989).

12.12.360 Severability.

If any provisions of this chapter, or its application to any person or circumstance is held invalid, the remainder of the ordinance codified in this chapter, or application of the provisions of the ordinance codified in this chapter to other persons or circumstances, is not affected. (Ord. 666 §36, 1989).