Chapter 7.28
EXCAVATIONS1
Sections:
7.28.020 Permit required – Exception.
7.28.030 Application – Bond – Requisites – Amount.
7.28.040 Insurance – Type – Amount – Requisites.
7.28.050 Permit – Application – Fees.
7.28.060 Safety devices and barriers required.
7.28.070 Routing of traffic during construction.
7.28.080 Prosecution of work – Inspections.
7.28.090 Construction standards.
7.28.100 Restoration of surface – Failure to – City’s right to – Procedure.
7.28.010 Definitions.
For the purpose of this chapter the following words, terms and phrases are hereby defined and shall have the meaning herein given to them.
(1) “City engineer” shall mean the city engineer or his duly authorized representative.
(2) “Streets and alleys” shall mean and include streets, alleys, sidewalks, curbs, roads, highways, thoroughfares, parkways, bridges, viaducts, public grounds, public rights-of-way and public improvements within the city of Wenatchee.
(3) “Maintenance, maintaining or maintained” shall mean the relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating and restoring operations incidental thereto.
(4) “Permittee” shall mean any person, company, partnership or corporation or its successors and assigns holding a permit to dig, excavate in, construct, lay, maintain and operate over, across, upon, along and under the present and future streets, alleys, sidewalks, curbs, roads, thoroughfares, parkways, bridges and public property and other places in the city of Wenatchee.
(5) “Person” shall mean any person, firm, association or corporation. (Ord. 98-33 § 1)
7.28.020 Permit required – Exception.
It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine, cut, or in any way obstruct or disturb any streets and alleys in the city of Wenatchee or to fill in, place, leave or deposit in or upon any streets or alleys any earth, refuse, gravel, rock or other material or thing tending to obstruct, disturb or interfere with the free use of the same without first having obtained a permit and without complying with the provisions of this chapter; provided, however, that in case of any emergency arising other than during normal 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 following business day. (Ord. 98-33 § 2)
7.28.030 Application – Bond – Requisites – Amount.
Permittee shall make application to the city engineer for a permit and in connection therewith shall file a bond in the minimum sum of $10,000, or such other sum as is established by the city engineer, conditioned on faithful performance of the terms of the permit and holding the city of Wenatchee harmless from any loss, damage, cost or expense of any nature which may accrue to or be asserted against the city of Wenatchee by reason of any activities of permittee, its successor or assigns under this chapter.
In addition, said bond shall also be conditioned that permittee will comply with all of the provisions of this chapter and, in case the permit authorizes cutting into or under any streets or alleys in the city, said bond shall be further conditioned that the person acting under said permit shall replace the portion of said streets and alleys affected thereby and shall restore the same at permittee’s expense to as good or better condition within the time specified by the city engineer, and that said permittee will maintain such street or alley so restored for a period of two years from and after such restoration. Settlement of the street or alley within a two-year period from the time the original work is completed shall be considered conclusive evidence of defective backfilling by the permittee. Acceptance of the work by the city engineer shall not prevent the city from making a claim against the permittee for uncompleted or defective work if the same is discovered within two years of said acceptance. The fact that an inspector was present during the progress of any construction shall not relieve the permittee from responsibility for defects discovered after the completion of the work. (Ord. 98-33 § 3)
7.28.040 Insurance – Type – Amount – Requisites.
Permittee shall at the time of applying for a permit as herein provided agree to indemnify and save the city harmless from any and all liability, loss, cost, damage or expense from accident or damage, either to himself or to persons and property of others, which may occur by reason of the exercise of the rights and privileges granted under said permit; and shall, for the purpose of carrying out the provisions of this section, and prior to commencing construction of any kind, have in full force and effect and filed evidence thereof with the city engineer a good and sufficient policy (or policies) of insurance in a minimum amount of $1,000,000 per occurrence covering both personal injury and property damage with said policy (or policies) to be executed by an insurance company (or companies) authorized and qualified to do business in the state of Washington, naming the city as an additional insured, conditioned to indemnify and save harmless the city from and against any and all claims, actions, suits, liability, loss, costs, expense or damage of any kind or description which may accrue to or be suffered by anyone by reason of the erection, construction, reconstruction, relocation, replacing, readjustment, repair, maintenance or operation authorized pursuant to said permit or by reason of anything that has been done or may be done by the permittee hereunder which may in any way cause liability by reason thereof, said policies to remain in full force and effect during the exercise of the rights and privileges granted herein by permittee, its successors or assigns. (Ord. 98-33 § 4)
7.28.050 Permit – Application – Fees.
(1) Application for a permit shall be made to the city engineer on forms provided by him. With reference to public utilities, TelePrompter Cable TV and Cascade Natural Gas Corporation, hereinafter referred to as “utilities,” the director of public works may adopt rules and regulations not inconsistent with this chapter authorizing a permit for such utilities when utilizing such utilities’ own work force on a project or planned seasonal basis. All other applicants shall seek permits on a project basis only. All permittees shall obtain a business license prior to the issuance of any permit hereinunder.
(2) The application shall be accompanied by plans, profiles and specifications of sufficient detail to allow the city engineer or his/her authorized representative to:
(a) Understand the nature of the work, the exact location and extent of the work;
(b) Make a determination that if the permit is issued, that the street and alley will be restored to the requirements of the city; and
(c) Have an accurate record of the type and location of the facility being installed in and/or under the roadway.
In addition, the city engineer may require additional drawings, surveys and plans as he deems necessary to determine whether the proposed work conforms to standard specifications of the city and sound engineering and design practices.
(3) Upon receipt of the approved application and such other requirements as he deems necessary, together with the appropriate payment of a fee, the city engineer shall issue the permit. The permit fees shall be calculated by the city engineer in accordance with Chapter 1.99 WCC. (Ord. 2009-43 § 1; Ord. 98-33 § 5)
7.28.060 Safety devices and barriers required.
In case any public street, alley, pavement, curb, sidewalk or like improvement shall be dug up, excavated, undermined, cut or disturbed, the permittee shall cause to be erected and distributed, and at all times maintained throughout such excavation work, such barriers, lights, signs, flagmen and other safety devices as may be required by the public works department and the police department of the city, and in accordance with all state and federal standards, and failure to do so shall constitute a violation of this chapter. (Ord. 98-33 § 6)
7.28.070 Routing of traffic during construction.
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 engineer may permit the closing of streets or alleys 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 police department. Before any street or alley may be closed or restricted to traffic, permittee must receive the approval of the city engineer. (Ord. 98-33 § 7)
7.28.080 Prosecution of work – Inspections.
(1) Once work under the permit is commenced, permittee shall diligently complete the work in such a manner as to be of a minimal inconvenience to the public.
(2) Inspections of the work shall take place by the city engineer as follows:
(a) Prior to placement of crushed rock;
(b) Prior to placement of temporary patch and/or first lift of permanent patch;
(c) After placement of second lift of permanent patch; and
(d) Additional inspections – no call required:
(i) Eight to 12 months after completion and
(ii) Twenty to 24 months after completion. (Ord. 98-33 § 8)
7.28.090 Construction standards.
(1) All work performed under a permit as authorized herein shall be pursuant to the latest edition of the Standard Specifications for Road, Bridge and Municipal Construction as adopted by the city. In addition, work performed under the permit shall meet the following requirements:
(a) All street cuts and/or trenches shall be permanently or temporarily patched prior to opening the street to vehicle traffic, except when a flagger(s) is continuously present;
(b) All pavement cuts shall be made with a saw and shall be recut after placement of top rock. Crushed rock surfacing shall be a minimum of eight inches wider on each side of the original cut, or greater if necessary, as determined by the city engineer;
(c) Final asphalt shall be placed in two or more lifts to a depth of three inches minimum or that of the existing roadway, if greater. Each lift shall be no more than two inches deep, compacted. For concrete streets, concrete shall be placed to a minimum depth of six inches or equal to existing street, whichever is greater. For brick streets, restoration of the street surface shall include restoring the subgrade by backfilling with crushed surfacing, sand, or concrete to match the preconstruction conditions, a minimum depth of 12 inches, or to match existing street, whichever is greater. The original bricks shall be used to restore the final surface, using mortaring techniques and a coarse pattern similar to the surrounding bricks, as determined by the city engineer.
(d) Crushed Rock. Top rock, 5/8-minus on residential local access streets shall be placed to a depth of eight inches or to match existing street, whichever is greater. All other streets, collectors and arterials shall be placed to a depth of 12 inches or to match existing street, whichever is greater;
(e) In cases where a trench is generally running parallel to the roadway and more than 100 feet in length, the permittee shall remove the existing roadway to the outer edge of the roadway in such cases where the outer edge of the permittee’s trench is within four feet of the edge of the roadway;
(f) In cases where trenches are generally perpendicular to the roadway, such as side services, and the number is such that it represents more than one trench per 75 feet of street for a given block and the total number of trenches exceeds eight, the permittee or entity owning or operating the utility for which the service lines are being installed shall be required to:
(i) Overlay the street if the existing surface pavement is less than five years old; and
(ii) Pay to the city a sum representing 33 percent of the cost of an overlay based on the most current overlay project cost to the city if the existing surface is between five and nine years old;
(g) The city reserves the right to require the permittee to overlay all or any portion of the roadway in such case as the roadway (old bituminous streets) is so fragile that the work of the permittee will, or has, destroyed the integrity of the roadway;
(h) All manholes, water valves, etc., shall be post-adjusted after patching is complete in accordance with city standard details. (Ord. 2000-29 § 1; Ord. 98-33 § 9)
7.28.100 Restoration of surface – Failure to – City’s right to – Procedure.
If the permittee shall have failed to restore the surface of the streets and alleys to their original and proper condition upon the expiration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the city engineer shall have the right to do all work necessary to restore the street. The permittee shall be liable for the expense thereof upon the bond filed at the time of granting the permits, and the city shall have a cause of action for all fees, expenses and amounts paid out upon such works; provided, that in any case, it shall be the duty of the permittee to guarantee and maintain the area disturbed for two years after returning it to its original condition; provided further, that if, in the judgment of the city engineer, it is not expedient to replace the pavement over any cut or excavation made in any street or alley upon the 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 or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made, and in case of the failure of the permittee to commence in good faith the replacing of such temporary pavement within five days after the date of such notice, the city engineer may lay such temporary pavement himself and collect the cost thereof from the permittee in the manner hereinbefore provided. (Ord. 2009-43 § 2; Ord. 98-33 § 10)
7.28.110 Violation – Penalty.
Any person violating any of the provisions hereof shall be deemed guilty of a civil infraction and upon conviction thereof shall be punished by a fine not exceeding $300.00 for each day said person is in violation thereof. (Ord. 98-33 § 11)
Prior legislation: Ords. 2393, 2903 and 2940.