Chapter 12.08
WORK WITHIN THE PUBLIC RIGHT-OF-WAY

Sections:

12.08.010    Permit.

12.08.020    Fees.

12.08.030    Bonding and insurance.

12.08.040    Maintenance of traffic.

12.08.050    Hours of work.

12.08.060    Notification.

12.08.070    Reservation of city rights.

12.08.080    Grantee responsibilities – Indemnification.

12.08.090    Standards.

12.08.100    Billings for utility companies.

12.08.110    Penalties.

12.08.120    Variance.

12.08.010 Permit.

Any person, firm, corporation, joint stock company, partnership, association or otherwise, whether of a private or governmental nature, and excepting therefrom only the city itself by its duly authorized agents or employees shall, prior to causing any excavation to be made over, along, under or across any street within the incorporated limits of the city as presently or hereafter constituted shall apply for a permit to do said excavation prior to the time of excavation, and shall supply to the appropriate agency of the city information sufficient to show the nature, purpose and location of the excavations. (Ord. 606A § 2, 1989).

12.08.020 Fees.

Where permits are required by this chapter the basic fees for said permit shall be $50.00 plus an additional amount, to cover inspection costs, calculated as follows:

A. For each street crossing excavation, $1.00 per square foot of patch. Patch must extend 12 inches beyond the extent of trench. Permits for street crossings may only be issued where other methods have been tried and have been unsuccessful, or are deemed to be unsuitable by the public works director. Should such a permit be issued on-site inspection may be required during the backfilling and restoration process.

B. Permits for a push or boring will not require an additional fee. Permits for a push or boring will not require on-site inspection provided the excavation for the pit is at least five feet from the edge of pavement. Conversion of a permit from a push to an open cut will require submittal of an amended permit application, however the public works director may allow construction to proceed pending receipt of an amended permit application.

C. For any longitudinal excavation outside the pavement section, $0.25 per lineal foot of trench. Longitudinal trenches outside the pavement and within two feet of the edge of pavement are allowed only by variance. Longitudinal trenches within two feet of the edge of pavement will require overlay of one-half of the street for the length of the close trench and 10 feet beyond on each end.

D. Longitudinal trenches within the pavement will be charged on the basis of $1.00 per square foot of patch. Patches are measured 12 inches beyond the extent of the trench. Overlay of one-half the road width will be required. (Ord. 606A § 3, 1989).

12.08.030 Bonding and insurance.

A street restoration bond is required for the protection of the city. The bond shall be for a minimum of $5,000. If multiple projects are under construction at the same time the public works director may require higher bond amounts.

Contractors or utility owners working within the public right-of-way will carry liability insurance in an amount of at least $1,000,000 and will provide the city with a certificate of insurance which names the city as a co-insured for all work they perform within the city’s right-of-way. Evidence of a credible self insurance program may be substituted for this insurance requirement provided that prior approval is given by the city. (Ord. 606A § 4, 1989).

12.08.040 Maintenance of traffic.

During the progress of the work, such barriers and warning signs shall be erected and maintained as may be necessary or as may be directed for the protection of the traveling public; the barriers shall be properly lighted when in place during hours of darkness and/or as required by the city. At no time during construction will any roadway be entirely closed. One-way traffic shall be maintained at all times unless an approved, signed detour route is established. All traffic control shall comply with the M.U.T.C.D. All flag persons shall be qualified and shall have a flagger’s card as issued by the Department of Labor and Industries on their person while performing the duties of a flagger. All flaggers shall wear the proper safety equipment as required by the Department of Labor and Industries. (Ord. 606A § 5, 1989).

12.08.050 Hours of work.

No work will be permitted on Saturday, Sunday or any holiday, or between the hours of 7:00 p.m. and 7:00 a.m. of any working day, except in case of emergency and then only upon notification of the city. (Ord. 1258 § 1, 2007; Ord. 606A § 6, 1989).

12.08.060 Notification.

The permit holder shall be responsible for the notification of all impacted parties 48 hours prior to start of construction. The following will be notified as a minimum:

A. Bonney Lake police department;

B. Bonney Lake fire department;

C. Sumner School District;

D. United States Post Office;

E. Bonney Lake public works department (operations and maintenance supervisor). (Ord. 606A § 7, 1989).

12.08.070 Reservation of city rights.

The city reserves the right to order the change of location or the removal of any structure or structures authorized by permit or franchise at any time; said change or removal will be made at the sole expense of the party or parties to whom the permit is issued, or their successors and assigns.

All such changes, reconstruction or relocation by the grantees shall be done in such manner as will cause the least interference with any of the city’s work and the city shall in no wise be held liable for any damage to the grantee by reason of any such work by the city, its agents or representatives or by the exercise of any rights by the city upon the roads, streets, public places or structures in question.

The city may revoke, annul, change, amend, amplify, or terminate the permit issued or any of the conditions herein enumerated if grantee fails to comply with any or all of the provisions, requirements or regulations as herein set forth or through willful or unreasonable neglect, fails to heed or comply with notices given or if the utility is not installed or operated and maintained in conformity herewith or at all or for any cause or reason whatsoever. (Ord. 606A § 8, 1989).

12.08.080 Grantee responsibilities – Indemnification.

A. By accepting a permit, the grantee, its successors or assigns, agrees to indemnify the city from and against claims made against the city for injuries or damages arising out of work performed by the grantee within the public right-of-way, but only to the extent that such claims are for injuries or such damages are caused by the negligence of grantee in the prosecution of such work. Any claim, from and against which the city intends to seek indemnity from the grantee, shall be submitted to grantee in writing and grantee shall have the right at its election and sole cost and expense to settle, compromise or defend such claim by attorneys of its own election. Grantee hereby waives its immunity from suit under RCW Title 51 if necessary to comply with this provision.

B. If the work done under the permit interferes in any way with the drainage of the city streets, or causes damage, the grantee shall wholly and at his own expense make such provisions as the public works director may direct to take care of said drainage and/or damage.

C. On completion of said work herein contemplated, all rubbish and debris shall be immediately removed and the roadway and roadside shall be left neat and presentable and satisfactory to the public works director.

D. Grantee shall comply with the Washington State Electrical Code, Washington State Department of Highways Standards and Standard Specifications for Road and Bridge Construction and all local codes, standards and ordinances.

E. The grantee recognizes and agrees that it is responsible for and will make at its own expense any changes that may be required in the location of work constructed under permits issued under these regulations.

F. The permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the city from granting other permits or franchise rights of like or other nature to other public or private utilities, nor shall it prevent the city from using any of its roads, streets, or public places, or affect its right to full supervision and control over all or any part for them, none of which is hereby surrendered.

G. The party or parties to whom a permit is issued shall maintain at his or their sole expense the structure or object for which the permit is granted in a condition satisfactory to the public works director.

H. In accepting a permit, the grantee, his successors and assigns, agree that any damage or injury done to the property of the grantee or any expense incurred by him through the operation of a contractor, working for the city or of any city employee shall be at the sole expense of the grantee, his successors or assigns. (Ord. 606A § 9, 1989).

12.08.090 Standards.

A. All final asphalt cuts will be made by saw cutting; wheel or jackhammer cuts will not be allowed unless the entire street is to be overlaid;

B. All backfill under asphalt paving and/or within four feet of the edge of pavement will be crushed rock meeting WSDOT’s specification for crushed surfacing or other material deemed suitable by the public works director.

C. All backfill under asphalt paving will be placed in layers and each layer will be mechanically compacted using vibratory compactors capable of attaining the required compaction. Minimum compaction for all trenches under asphalt or within four feet of the edge of pavement will be 95 percent of the standard proctor density. Minimum density for all other areas within the public right-of-way shall be 90 percent of the standard proctor density. Inspection and/or testing if required by the city shall be at the sole expense of the permittee.

D. All buried pipelines, cable or wiring installed within the public right-of-way shall have at least 36 inches minimum cover unless written approval of the public works director is secured prior to actual construction.

E. All nonmetallic pipelines shall have 16 gauge minimum size copper locator wires buried with the pipe. Locator wires shall be brought to the surface at approximate 400-foot intervals to allow locators to connect to the locator wires. Connection to residential gas meters or telephone pedestals will serve to meet this requirement.

F. All utilities installed after the effective date of this chapter will be installed in conduit where they cross or lie under the traveled portion of the roadway or where they lie within two feet of the edge of pavement. Piping used as conduit shall be appropriately sized and shall be at least Schedule 40 PVC where other regulations do not exist and/or take precedence.

G. A temporary patch of cold mix asphalt shall be installed on all asphalt cuts at the completion of the backfill and compaction process and at the end of each day during which a project is ongoing. The permittee is required to maintain all patches to conform to the original cross section and grades of the surrounding road. Permittees or their contractors must make required repairs to trench patches within 24 hours when repairs are required to maintain the safety of the public roadway. Where permittees, their agents or employees fail to make repairs required by the city within 24 hours the city may cause the repairs to be made and the total cost of those repairs together with the city’s overhead and attorney fees shall be borne by the permittee or the permittee’s bonding company. No new permits will be issued and no work will be allowed on other existing permits while any person, company or entity is in default of any of the provisions of this chapter.

H. Final restoration must be completed as soon as possible using two inch minimum thickness of Class B ACP. All patches will be constructed using best practice and are required to meet or exceed WSDOT Standard Specifications for thickness of asphalt, smoothness and compaction. Sealing of all patch edges with hot asphalt following completion of each patch is required.

I. Overlays required by provisions of this chapter will be constructed of ACP meeting the WSDOT requirements for Class B ACP and will be at least 10 feet in thickness. (Ord. 606A § 10, 1989).

12.08.100 Billings for utility companies.

The city shall bill all utility companies listing all permits issued for the month, the amount for each permit and the total amount of the invoice. (Ord. 606A § 11, 1989).

12.08.110 Penalties.

In the event that excavation is commenced without the excavator having applied for a permit prior to excavation, the public works director or his duly authorized agent or employee may cause said excavation to cease, the hole to be filled and the roadway surface repaired, even though said excavation is not complete. Except, that in those cases where emergency repairs are required, work may start immediately without prior approval from the city. Permits covering the emergency repairs shall be applied for as soon as the extent of the repair is determined. Any person, firm, corporation or otherwise who fails and refuses to comply with the terms of this chapter by failing or refusing to obtain a permit and pay the fees as herein set, shall be guilty of a misdemeanor. (Ord. 606A § 12, 1989).

12.08.120 Variance.

A. All matters not specifically authorized by the terms of this chapter may be processed by a request for a variance. Variances shall only be granted upon presentation of evidence which shows that the variance request meets the following criteria:

1. That the variance is necessary to overcome a practical difficulty or unnecessary hardship;

2. That the need for a variance does not result from past actions or decisions of the requesting party or their predecessors.

B. The city shall either grant or deny a request, for a variance, within 10 working days of the city’s receipt of a variance request and the supporting documentation. Variance requests require the payment in advance of a $250.00 processing fee. (Ord. 606A § 13, 1989).