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HomeMy WebLinkAbout2547 AN ORDINANCE relating to, and regulating the construction, installation and excavation in public proper- ties; providing construction, operation, maintenance, and safety standards in public properties; requiring permit, bond and insurance for excavating in, and obstructing public properties; providing for the movement of traffic and the protection of existing improvements during such work; and providing penalties for the violation thereof. Section 1. PurPose. The purpose of this ordinance 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 improve- / merits during such work. Section 2. Scope. Ail 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 ordinance. Section 3. Definitions. The following definitions are provided for the sole purpose of proper interpretation and adminis- t_ration of this ordinance: (1) City Enqineer shall mean the city engineer or his duly authorized representative. (2) Construction or Construct shall mean constructing, laying, maintaining, testing, operating, extending, renewing, removing, replacing, repairing, and using a gas distribution system. (3) Distribution System, System, and/or Lines used either in the singular or plural shall mean and include the gas pipes, conduits, poles, and wires, sewer and water pipe 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. ~(4) Gas shall mean natural, artificial, and/or mixed gas. (5) Maintenance~ Maintaininq, and/or Maintained shall mean and include the relaying, repairing, replacing, examining, testing, inspecting, removing, digging, excavating, and restoring operations incidental thereto. (6) Permittee shall mean any person, company, partnership or corporation, or its successors and assigns, holding a fran- chise or permission by ordinance 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 attac2m~ents, appurtenances, and appliances incidental thereto or in any way appertaining thereto for the purposes of transporting, transmitting, dis- tributing, selling, and supplying gas for heating, lighting, power, and any and all 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. (7) Person shall mean any person, firm, association or corpor at ion. (8) Public Properties shall mean and include streets, alleys, sidewalks, curbs, roads, highways, avenues, thorough- fares, parkways, bridges, viaducts, public grounds, public improvements, and other public places within the present and/or future corporate limits of the city. -2- (9) Roadway shall mean the paved, improved, or proper driving portion of a public right-of-way designed, or ordinarily used for vehicular travel. (10) Unit shall mean the construction of not over one mile of distribution or transmission system or as determined by the City Engineer by excavation of public properties and shall not embrace electric and telephone systems unless they place wires underground. (11) ~ or Utility System shall mean any gas, oil, water, sewer, light, power, telephone, television, steam, bur- glar 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. Section 4. Permit ReQuired. It shall be unlawful for any person to place any poles or wires upon or above, or any ducts, con- duits or wires below the surface of any public properties, to dig up, break, excavate, tunnel, undermine, cut, or in any way o~struct 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 abstruct, 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 a utility connection with any premises, without first having obtained a permit, or without complying with the provisions of this ordinance, or at variance with the terms of any such permit; 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 -3- and the necessary excavation may be made upon the express con- dition that an application be made, in the manner herein provided, on or before noon of the next following business day; and ,Provided further, That a separate permit shall be required for each unit. Section 5. Applications. The permittee shall file in quintuplet, on forms supplied by the City Engineer (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 regu- lations 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 center line 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 said pipes or mains, the location of the manholes leading to said pipes or mains and the depth of said pipes or mains from the surface, and such other information as he may require. The permittee, its successors and assigns, shall amend said 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 said pipes or mains. The permittee shall advise the City Engineer 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 pro- perties 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 -4- 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 appli- cation 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. 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 shall be unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the City Engineer. 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 appli- cation therefor is signed by the City Engineer, it shall constitute the permit provided the bond and insurance is extended for the period of the extension granted. Section 6. Issuance. If, after examining such application and map, plans, specifications and plat or plats, the City Engineer approves the same and the bond provided for herein, are filed, he may issue a permit therefor. Such permit shall specify the name and location of the public properties in front of, through, under ~' or near which such 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 specifi- cations of this ordinance, whatever portion of the public properties -5- 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 Engineer or persons acting under his direction, but at the expense of the person procuring such permit. The City Engineer 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 to 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 con- tractors or employees shall have precedence over all work of every kind. Section 7. Permit and Inspection Fees. The permit and inspection fee for work on public property shall be Five Dollars ($5.00) for excavations which do not exceed twenty-five (25) lineal feet in length, ten cents (10c) per foot for each additional foot up to and including seventy-five (75) feet, and one cent (lc) additional for each foot thereafter. This schedule shall apply to each separate project according to plans filed with the City Engineer. Section 8. Bond and Insurance. Before a permit as herein provided shall be issued, the applicant shall execute and deliver to the city and file with the City Engineer a bond in the sum of Six Thousand ($6000.00) Dollars, or such additional amount as the -6- City Engineer 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, con- ditioned that the permittee will comply with all of the provisions of this ordinance, and that the applicant will keep and save harm- less the city from any and all claims, liabilities, judgments, costs casualty, accident, or damages and expenses arising from any negli- gence 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 said work under said permit, or which may be done by any of his agents, servants, or employees, or which may arise from any negli- gence 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 ordinance. Provided, That said bond shall only be required of electric and telephone utilities when they place wires underground. The City Engineer 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, barri- cades, 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 said 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 Engineer; and further -7- conditioned that the permittee will maintain such public properties so restored for a period of two (2) years from and after such restor- ation. Settlement within the two (2) year period mentioned in this section shall be considered conclusive evidence of defective back- filling 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 any uncompleted or defective work if the same is discovered within two (2) years from the date of such release. The fact that an inspector was present during the progress of any con- struction shall not relieve the permittee from responsibility for defects discovered after the completion of the work. The permittee shall also maintain in full force and effect with an insurance com- pany satisfactory to the city the following: (1) Bodily injury liability insurance, with limits of $50,000.00 for each person injured by reason of the work for which the permit was issued, and $100,000.00 for each occurrence. (2) Property damage liability insurance, with limits of $25,000.00 for each accident and $100,000.00 aggregate. The permittee shall also comply with all the Workmen's Compensation and safety laws of the State of Washington and as here- after amended, and shall file a Workmen's Compensation Insurance Certificate with the City Engineer when the permit is issued. Section 9. City Enqin.eer to Be Notified. Said permit shall be issued in quadruplicate and the City Engineer shall transmit forthwith one copy thereof to the Chief of T~he Fire Department, one copy to the City Clerk, and one copy to the City Traffic Officer. The permittee shall give twenty-four (24) hour written notice to the City Engineer before it makes any opening in public properties for installations An excess of one hundred (100) feet -8- and/or for initial major construction. Before it commences to back- fill any opening of public properties, it shall give two (2) hour notice to the City Engineer and obtain his approval. The permittee shall give written notice of the opening and back filling 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. 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 (24) hours after completion of said work, notify the Inspector in writing that the same has been completed and is ready for inspection, and the Inspector shall cause said work to be inspected within a reasonable time thereafter. Any delay in giving written notice to said officials as required herein shall render the permittee liable to a penalty of Twenty-five ($25.00) 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. Section 10. Barricades, Signs, Lights and Flares. In case any public properties shall be dug up, excavated, undermined, cut~ disturbed, or obstructed, or any obstruction placed thereon, the person causing the same shall erect and so long as the said condition exists, and any danger may continue, maintain around the said portion of the public properties a good and sufficient barrier, watchman, -9- 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 Engineer. 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 obstruc- tion, a lighted lantern or lamp wherever necessary showing a red light or approved flasher light, flares, or flare pots at his own expense. If the excavation is ten (10) feet or less long, one such light or flare shall be so maintained; if it is over ten (10) feet long but less than fifty (50) feet long, three such lights or flares shall be so maintained, with one at each end of it; and for excavations longer than fifty (50) feet, such lights or flares shall be maintained on every twenty-five (25) feet or part thereof for longitudinal cuts, but such lights or flares shall be maintained at six (6) foot intervals for transverse cuts: Provided, That during the nighttime or during the daytime when due to climatic or other causes the visibility is less than one hundred fifty (150) feet on twenty-five (25) mile per hour streets and three hundred (300) feet on thirty-five (35) 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 effective- ness. 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 (400) feet, but as required by best visibility; sufficient signs and markers in the im- mediate vicinity of the job shall also be maintained. -10- Red flags shall be placed around at each end of obstructions at intervals of not more than sixty (60) 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 na~-~L~ a.~ ~ ~'esult 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 b~ the permittee's responsi- bility to provide the material and construct such fences in a manner satisfactory to the City Engineer. 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 Engineer, the permittee shall completely barricade each of the public properties leading to the improvement with barriers. It shall be 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 ordinance. Section 11. Accident Prevention. 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, includ- ing building and construction codes as hereafter revised and/or amended, shall be observed. (See Section 22) Section 12. Routinq of Traffic durinq Construction - Offi- cials to Be Notified. During construction, traffic shall be main- tained 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 the roadway to all traffic for a designated period of time, if, in his opinion, -11- it is necessary. The permitee 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 Engineer and the Traffic Officer. (2) Notify the Chief of the Fire Department and the head of the Transit Company. The City Traffic Officer shall be noti- fied in writing by the permittee when he actually commences work. Upon completion of construction work, the above-mentioned persons in item (1) and (2) 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 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 and the City Traffic Officer grants the request for a detour, the City Traffic Officer will designate the detour. The city will main- tain roadway surfaces of existing streets designated as detours without expense to the permittee, except in case there are no exist- ing roadways, the permittee will 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 roadways by the operation of its equipment. Section 13. M~intaininq Traffic. The permittee shall construct and maintain adequate and safe crossings over excavations and across public properties under improvement to accommodate vehicular -12- and pedestrian traffic at all street intersections and wherever a trench crosses a roadway. 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 (4) 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. Pedestrian crossings shall consist of planking three (3) inches thick, twelve (12) inches wide and of length required, together with necessary blocking. The walk shall be not less than four (4) feet in width and shall be provided with a railing, if required by the City Engineer. Section 14. Removal and Protection of Utilities. The permittee shall not interfere with any existing utility without the consent of the City Engineer and the utility involved. If it be- comes 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, occupy- ing 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. 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 pro- tect the same, under, over, along or across said work. In case any of said pipes, conduits, poles, wires, or apparatus should be damaged -13- 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. 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. The permittee shall inform itself as to the existence and location of any underground utilities and protect the same against damage. Section 15. Protection of Work and Property. 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 pro- perty, streets, or improvements resulting from its neglect to exercise proper protection in the prosecution of the work. It shall be unlawful for any person other than a duly authorized officer or employee of the city, or a person holding a permit from the City Engineer, to dig up, or in any manner injure or destroy any tree, flower, foliage, flowering plant, foliage plant, or shrubbery, in any public properties. 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 ordi- nance. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris -14- and in a condition as near as possible to that which existed before work began. 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 main- taining the same. When required by the City Engineer, existing top soil shall be carefully removed to the depth ordered by the City Engineer 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 Engineer. In the event an embank- ment 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. Section 16. Maintaininq 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 r equir ements. Section 17. Preservation of Monuments. The permittee shall not disturb any survey monuments or hubs found on the line of the improvements until authorized to do so by the City Engineer. A penalty of Twenty-five ($25.00) Dollars shall be imposed for any monument or hub disturbed without such authorization. -15- Section 18. Damaqe to Existinq Improvements. Ail 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 Engineer may cause said 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 there f or. Section 19. Construction Activities. 19.01. Property Lines and Easements. 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. 19.02. Care of Excavated Material. In all trenches four (4) 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 (18) 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 ordinance. 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 neces- sary arrangements for all storage and disposal sites required. -16- 19.03. Interference with Other Services. 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 (15) feet of fire plugs. Passageways leading to fire escapes or fire fighting equipment shall be kept free of material, piles or other obstructions. 19.04. Provision for Water Courses. The permittee shall provide for the flow of all water courses, sewers, or drains, inter- cepted 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 Engineer 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 run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from his failure so to provide. 19.05. Cleaninq 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 permittee and shall be completed to the satisfaction of the City Engineer before final acceptance of the work. 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 its own expense, clean up and remove all refuse and unused materials of any kind resulting from the said work, and upon failure to do so within twenty-four (24) hours after having been notified to do so by the City Engineer, the work may be done by the city and the cost -17 - thereof charged to the permittee, and the permittee's bond shall be liable for the cost thereof. 19.06. Snow and Ice Removal. The permittee must also remove, within twenty-four (24) 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 (5) 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 Engineer. 19.07. Trenches. In all cases, trenches must be of suffi- cient width to permit the proper jointing of the pipe. The trenches shall be at least six (6) inches wider on each side, or a total width of twelve (12) 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 (6) inches below the bottom so the trench can be refilled with sand or noncorrosive soil and well tamped. Excavation for manholes and other structures shall be sufficient to leave at least twelve (12) inches between their outer surfaces and the sides of the excavation. Except by special permission from the City Engineer, no trench shall be excavated more than three hundred (300) feet in advance of pipe laying, nor left unfilled for more than seven hundred (700) 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. The completed trench shall be kept not less than thirty (30) feet ahead of the pipe-layers. Trenches over four (4) 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 -18- 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. 19.09. Water in Trenches. The permittee shall pump, bail or otherwise remove any water which accumulates in the 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 Engineer, water, either from surface or subsurface 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 (6) 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 Engineer. 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 Engineer at the permittee' s expense. .19.10. Breakinq throuqh Pavement. Whenever it is neces- sary to break through existing pavement for the purpose of co~structin~ service facilities, the pavement and the base shall be removed to at least six (6) inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six (6) inch shoulder of undisturbed material shall be provided on each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used to cut a kerf sufficient to permit complete breakage of pavement or -19- base without ragged edges. Asphalt paving shall be scored or other- wise cut. No pile driver may be used in breaking up the pavement. 19.11. Tunnels. Tunnels under pavement shall not be per- mitted except by permission of the City Engineer, and if permitted, shall be '~adequately supported by timbering and backfilling under the direction of the City Engineer. Where possible, the pipe shall be driven through or bored under a roadway, except sidewalks, in a casing of sufficient strength, which casing shall be left in place with the ends closed around the pipe. 19.12. Backfillinq -- Notification of Water Department Where Water is Taken from Fire Hydrant. Backfilling in all public streets and improved areas, both public and private, shall be com- pacted to a degree equivalent to that of the undisturbed ground in~ which the trench was dug. Compacting shall be done by mechanical tampers or vibrators, by rolling in layers, or by water settling, as required by the soil in question. The decision as to whether a trench shall be water settled or not shall be made by the City Engineer. 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 by the Water Department in the operation of the hydrant. The Water Department shall likewise be notified at both the beginning and end of the job so that the condi- tion of the fire hydrants can be checked on both occasions. Any damage done to the hydrants during the oeration shall be the respon- sibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the Water Department. (1) Water Settlinq. When backfilling is done by water settling, excavations above utility installations shall be deposited uniformly in layers of not more than five (5) feet -20- in thickness and shall be thoroughly flooded. During the flooding, the water shall be allowed to flow slowly to the trench from higk~ points and shall be worked down to the full ~e~th of the layer of backfill with bars or pipe nozzles. All bars or pipe nozzles used shall be such as to obtain full penetration of each backfill layer, and shall be forced down through the loose backfill material. As the bars or pipe nozzles are withdrawn, the water shall be allowed to flow downward. The channel or hole formed shall be kept open and the water kept running into it until the fill has settled. Sufficient hose shall be provided in order to apply water to the trench at intervals of not to exceed one hundred (100) feet. All work shall be done in such a manner as to obtain a relative compaction throughout the entire depth of the backfill of not less than that which exists adjacent to the excavation. (2) Dry Backfillinq. Backfilling up to the first eighteen (18) inches above the top of utility pipes or similar installations shall be done with thin layers; each layer is to be tamped by manual or mechanical means. Layers that are hand-tamped shall not exceed four (4) inches in thickness; layers that are power-tamped shall not exceed six (6) inches in thickness. These same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Backfilling of all pipes over twenty-four (24) inches in diameter shall be carried up to the spring line of the pipe in three (3) inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The -21- backfill around all pipes twenty-four (24) inches or less in diameter shall be flooded or tamped as specified above to a depth of eighteen (18) inches above the top of the pipe, be- fore any additional backfilling is placed thereon. (3) Backfill Material. Wherever excavation is made through rock, pipe shall be laid six (6) inches above the rock bottom of trench and the space under, around, and six (6) inches above the pipe, and, in the case of gas, pipe shall be backfilled with clean river sand, noncorrosive soil, or gravel, meeting the following grading requirement: Passing ½" square opening 100% Passing ~" square opening 50% With respect to other than gas utilities, backfill material shall be of such quality as is approved by the City Engineer. Broken pavement, large stones, roots, and other debris shall not be used in the backfill. (4) Backfillinq at the Surface. Backfilling shall be completed by placing the material well up over the top of the trench or in the case of concurrent street construction, to the grade of bottom of ballast, and for dry backfilling, by rolling with a roller of an approved type or with the rear of a truck carrying at least five (5) tons, until the surface is unyielding. The surface shall then be graded as required. When a pipe line is laid at an elevation below the ground water level, extreme care shall be exercised, upon completion of the line, not to allow the ground water to rise in the trench for settlement or other purposes until sufficient backfill has been placed over the pipe to prevent the pipe from floating. (5) Disposition of Excess Material. Any excess material resulting from trench excavation shall be disposed of by the -22- permittee at his own expense in a manner satisfactory to the City Engineer. 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. 19.13. Restoration by P.ermittee. The permittee shall restore the surface of all roadways to their original condition in accordance with the specifications of the City Engineer. 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 on 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 (1) 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 (1) 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 Engineer. 19.14. City's Right to Restore Surface - Procedure. If the permittee shall have failed to restore the surface of the public properties 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, if he deems it advisable, have the right to do all work and things necessary to do so. The permittee shall be liable for the expense -23- thereof upon the bond filed at the time of granting the permit, and the city shall have a cause oi action for all fees, expenses, and amounts paid out upon such work: Provided, That in any case, it shall be the duty of the permittee to guarantee and maintain the area dis- turbed for two (2) years after returning it to its original condition. Provided, further, That, if, in the judgment of the City Engineer, it is not expedient to relay the pavement over any cut or excavation made in any public properties 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 relaying of such temporary pavement within five (5) 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 pro- vided. Section 20. Maintain Drawinqs~ 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. Corrected maps shall be filed with the City Engineer periodically, but at least every ninety (90) days after new installations are made. Section 21. Location of Utilities. Ail 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 Engineer. Section 22. Adoption by Reference. The following are hereby adopted by reference: The state rules and regulations of the -24- 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; Pr.0vided, however, That in the event any of the provisions of this ordinance conflict with any other provisions of this ordinance, with any other ordi- nances 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. Section 23. Public Nuisances, Abatement Of. 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 ordinance, 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 punish- ment 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. Section 24. Penalties. Any person, firm or corporation that shall fail to comply with or violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $300.00 Dollars, or by imprisonment in the City Jail not exceeding 90 days, or by both such fine and imprisonment. The city shall deduct a -25- penalty of Five ($5.00) Dollars from the permittee's deposit for each day the work continues past the time limit specified in the permit. - Section 25. The City of Bremerton shall not be required to secure any permits, bonds, insurance or pay any fee as required by this ordinance for the construction of any system. Section 26. Validity. If any section, subsection, para- graph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall ~ot affect the validity of the remaining portions of this ordinmnce. Section 27. ~.t~e of ~rdinance. This ordinance shall be known as the "Street Utilities' Ordinance" of the City of Bremerton and may be cited as such. APPROVED on first reading this 6th day of March, 1963. PASSED UNANIMOUSLY by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this 13th day of March, 1963. H. O. DOMSTADt MAYOR ATTEST: E. H. T. McGOWAN, CITY CLERK -26-