Chapter 12.16 STREET EXCAVATIONS

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory:

A. “Applicant” means any person making written application to the community development department for an excavation permit hereunder.

B. “City” means the city of Tumwater.

C. “City council” or “council” means the city council of the city of Tumwater.

D. “City engineer” means the city engineer of the city of Tumwater, or his/her duly authorized agent.

E. “Permittee” means any person who has been granted and has in full force and effect an excavation permit issued under this chapter.

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

G. “Right-of-way” means the area of land dedicated for current or future public use.

H. “Street” means any street, highway, sidewalk, alley, avenue, easement, or other public way or public grounds in the city.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.020 Permit required.

Whenever any person, firm or corporation intends to construct, excavate or install any facility in the city right-of-way, including the extension of city utilities, they shall first obtain a right-of-way access/utility permit. Failure to obtain such a permit as a condition precedent to undertaking such work shall constitute a misdemeanor as defined in TMC 1.12.010. Typical facilities covered by this chapter are signposts, utility poles, culverts, underground utilities, curbs, sidewalks, bus shelters, fences, street lights or any manner of obstruction and/or construction which occupies the right-of-way.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.030 Permit exemptions.

A right-of-way access/utility permit shall not be required under the following conditions:

A. When city employees, or contractors engaged by the city, perform work on behalf of the city within the right-of-way;

B. When a public utility, under franchise agreement with the city, performs normal maintenance as defined in the franchise agreement in order to protect the existing utility system;

C. When natural disasters or other emergencies make it impossible to obtain a permit prior to commencing work. In such event, the director of public works shall be notified as soon as possible.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.040 Permit application.

The permit application shall be accompanied by detailed plans and specifications covering the construction in accordance with the requirements of the community development department. The permit shall require the approval of the city engineer and if the traveled way will be obstructed, the police department and fire department shall be notified.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.050 Permit fee.

A permit fee in an amount established by resolution of the city council shall accompany the right-of-way access/utility permit application. In addition, plan check and inspection fees will be levied pursuant to TMC Chapters 12.18 and 13.20. (Exception: Residential building permit applications where no utility main extensions are requested, and for private utility work.) Approval of a right-of-way access/utility permit is contingent upon approval of plans as required in TMC 12.16.040.

(Ord. O96-013, Amended, 07/16/1996; Ord. 1147, Amended, 12/15/1987; Ord. 817, Added, 02/21/1978)

12.16.060 Disruption fee.

When an underground utility installation is made within five years after improvement of a street to city standards, a disruption fee in addition to the fees prescribed in TMC 12.16.050 shall apply. Said fee shall be paid at the time the permit fee is due. This additional disruption fee shall be five times the estimated cost of restoration as determined by the city engineer if the installation is made during the first year after the street improvement is completed, four times during the second year, three times during the third year, two times during the fourth year, and equal to the estimated construction cost during the fifth year; provided, however, the public works department shall notify all persons utilizing any portion of the city right-of-way under a franchise and such other special districts and municipal corporations as may be subjected to the disruption fee as soon as practicable following the final decision of the city to so improve a street.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.080 Security required.

Prior to commencement of the work under a permit granted pursuant to this chapter, the permittee or the contractor for the permittee shall post with the city a bond with a surety qualified to do bonding business in this state, a cash deposit or an assigned savings account or other security acceptable to the city in an amount equal to one hundred fifty percent of the cost of the work as estimated by the city engineer. Such bond, deposit or other security shall be conditioned upon the permittee or its contractor performing the work pursuant to the terms of this chapter, including the restoration and/or replacement of the street, sidewalk, or other right-of-way within the time specified by the city engineer, and a maintenance bond guaranteeing such work and replacement at ten percent of the estimated cost of surface restoration for a period of two years after the completed job is accepted by the city. For those public utilities which hold a franchise agreement, a maintenance bond is not required.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.090 Insurance required.

Prior to commencing work pursuant to the permit granted under this chapter, the permittee or his/her contractor shall obtain and maintain during the period of construction, public liability insurance for bodily injury and property damage, to public or private persons or property, which insurance shall name the city as an additional insured, and provide coverage for all claims or damages for bodily injury, including wrongful death, and property damage, in an amount not less than a single limit of $1,000,000 per occurrence. Proof of such coverage shall be provided to the city as a condition to the issuance of the permit.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.100 Routing of traffic.

The permittee shall take appropriate measures to assure that during the performance of the work traffic conditions as nearly normal as practicable 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; provided, that the city engineer may permit the closing of streets to all traffic for a period of time prescribed by him/her, if in his/her opinion it is necessary. The permittee shall route and control traffic including its own vehicles as directed by the city engineer. The following steps shall be taken before any highway may be closed or restricted to traffic:

A. The permittee must receive the approval of the city engineer and the police department therefor.

B. The permittee must notify the chief of the fire department of any street so closed.

C. Upon completion of construction work, the permittee shall notify the city engineer and city police department before traffic is moved back to its normal flow so that any necessary adjustments may be made.

D. Where flagmen are deemed necessary by the city engineer, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the city engineer will designate detours. The city shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee, but in case there are no existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the city engineer. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.110 Clearance for fire equipment.

The 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 fifteen feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.120 Traffic-control devices.

The permittee shall erect and maintain suitable traffic-control devices in conformance with the current standards contained in the “Manual on Uniform Traffic Control Devices for Streets and Highways.”

(Ord. 817, Added, 02/21/1978)

12.16.130 Utility removal and protection.

The permittee shall not interfere with any existing utility without the written consent of the city engineer and the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the work, and do everything necessary to support, sustain and protect them under, over, along or across the work. In case any of the pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them; and the expense of such repairs shall be charged to the permittee, and his/her or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility, and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.150 Attractive nuisance – Unlawful to leave unguarded.

It is unlawful for the permittee to suffer or permit to remain unguarded at the place of work or opening any machinery, equipment, or other device having the characteristics of an attractive nuisance likely to attract children and be hazardous to their safety or health.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.160 Property lines and easements.

Property lines and limits of easements shall be indicated on the plan accompanying the application for the right-of-way access/utility permit, and it shall be the permittee’s responsibility to confine the work within these limits.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.170 Cleanup.

As the work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such work shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time, as may be ordered by the city engineer and in any event immediately after completion of the work, the permittee shall at his/her or 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 engineer, the work may be done by the city engineer and the cost thereof charged to the permittee; and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.180 Backfilling generally.

Backfilling in any street opened or excavated pursuant to a right-of-way access/utility permit issued hereunder shall be according to WSDOT/APWA and the city of Tumwater development guide. When water is taken from a fire hydrant, the permittee shall first make arrangements for a hydrant meter and shall assign one person to operate the hydrant and shall make certain that the person has been instructed by the city maintenance division in the operation of the hydrant. The city maintenance division shall likewise be notified at both the beginning and end of the job so that the condition of the fire hydrants can be checked on both occasions. Any damage done to the hydrant during the work shall be the responsibility of the permittee. Water shall be paid for by the permittee in the amount established in the Tumwater Municipal Code.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.220 Restoration of surface by permittee.

A. The permittee shall restore the surface of all streets broken into or damaged as a result of the work to their original condition in accordance with the city development guide and WSDOT/APWA specifications.

B. Acceptance or approval of any work by the city engineer shall not prevent the city from asserting a claim against the permittee and his/her or its security deposit required hereunder for incomplete or defective work, if discovered within twenty-four months from the completion of the work. The presence of a staff member of the community development department during the performance of any work shall not relieve the permittee of its responsibilities under this chapter.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.230 City completion and restoration.

If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the fixed time by such permit, or shall otherwise have failed to complete the work covered by such permit, the city engineer, if he/she deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the work. The permittee shall be liable for the actual cost thereof and twenty-five percent of such cost in addition for general overhead and administrative expenses. The city shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply, in payment of the amount due it, any funds of the permittee deposited as provided in this chapter; and the city shall also enforce its rights under the permittee’s security deposit provided pursuant to this chapter. It shall be the duty of the permittee to guarantee and maintain the site of the work in the same condition it was prior to the work for two years after restoring it to its original condition.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.240 Open trench length.

Except by special permission from the city engineer, no trench shall be excavated more than one hundred feet in advance of pipe laying nor left unfilled more than two hundred feet where pipe has been laid. No trench shall be left unfilled overnight unless authorization to do so has been given by the city engineer. Any trench so left shall be protected in a manner which will not endanger the safety of passing motorists or pedestrians. 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 at the site ready to be put in place.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.250 Diligence in completion of work.

The permittee shall prosecute with diligence and expedition all work covered by the right-of-way access/utility permit, and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the permit therefor. Failure to comply with these requirements shall authorize the city to take action against permittee’s surety bond or the security and/or prosecute permittee for violation of this chapter as set forth in TMC 12.16.330.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.260 Power of city engineer to order emergency work.

If, in his/her judgment, traffic conditions, the safety or convenience of the traveling public or the public interest require that the work be performed as emergency work, the city engineer shall have full power to order, at the time the permit is granted, that a crew and adequate facilities be employed by the permittee twenty-four hours a day to the end that such work may be completed as soon as possible.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.270 Emergency action.

In the event of any emergency in which a sewer, main, conduit or utility in or under any right-of-way breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining any right-of-way access permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for a right-of-way access permit not later than the end of the next succeeding day during which the city engineer’s office is open for business, and shall not proceed with permanent repairs without first obtaining a permit hereunder.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.280 Minimization of noise, dust and debris.

Each permittee shall conduct and carry out the work in such 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 work, noise, dust and unsightly debris; and during the hours of 8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m. and 9:00 a.m. on Saturday shall not use, except with the express written permission of the city engineer or in case of an emergency as otherwise provided in this chapter, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.290 Preservation of monuments.

The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the city engineer.

(Ord. 817, Added, 02/21/1978)

12.16.300 Inspections.

The primary responsibility for on-site inspections to guarantee that all necessary requirements have or will be met is that of the permittee. The community development department shall make such inspections as are necessary to enforce this chapter.

(Ord. O2011-002, Amended, 03/01/2011; Ord. 817, Added, 02/21/1978)

12.16.310 Maintenance of drawings, plans and profiles.

Users of subsurface street space shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures including abandoned installations.

(Ord. 817, Added, 02/21/1978)

12.16.320 Liability of city.

This chapter shall not be construed as imposing upon the city or any official or employee thereof any liability or responsibility for damages to any person injured by the performance of any work for which a right-of-way access permit is issued hereunder; nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any work.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)

12.16.330 Violation – Penalty.

Anyone who violates or fails to comply with any provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with the provisions of TMC 1.12.010.

(Ord. O96-013, Amended, 07/16/1996; Ord. 817, Added, 02/21/1978)