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Ordinance 1935ORDINANCE NO. 1935 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING VARIOUS SECTIONS IN CHAPTER 7.30 OF THE EDMONDS CITY CODE; REQUIRTN` A PERMIT FOR ANY EXCAVATION, CONSTRUCTION OR OTHER INVASION OF CITY RIGHTS -OF -WAY; PRESCRIBING CONDITIONS FOR ISSUANCE OF SAID PERMITS; ESTABLISHING FEES AND INSPECTIONS REQUIREMENTS; AND PROVIDING PENALTIES. WHEREAS, the City Council of the City of Edmonds finds that restoration work of City streets and rights -of -way by contractors is frequently unsatisfactory because of poor workmanship and failure to follow City standards, and WHEREAS, as a result of this poor workmanship additional maintenance and/or replacement is necessary, thus increasing the costs to the City, and WHEREAS, final surface restoration work done by the Street Division of the Department of Public Works will insure proper workmanship and eliminate excess costs to the City and would be in the best interests of the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 7.30.010 of the Edmonds City Code is hereby amended to read as follows: 7.30.010 Permits. A permit is required for any excavation, construction, or other invasion of City rights -of -way by private individuals, contrac- tors, corporations, municipal corporations, special districts and any and all other persons or organiza- tions. For the purposes of this chapter, City rights -of -way include all easements, licenses, or other rights of entry granted to or hereafter acquired by the City. Page one Section 2. Section 7.30.020 of the Edmonds City Code is hereby amended to read as follows: 7.30.020 Application for Permit. Applications for such a permit within City right-of-way shall be filed with the Director of Public Works. A plan and profile, as required by the Director of Public Works, delineating the proposed construction, existing improvements, and proposed method of final site restoration shall accompany the applica- tion. Section 3. Section 7.30.030 of the Edmonds City Code is hereby amended to read as follows: 7.30.030 Security Deposit. Upon approval of the plan and profile by the Director of Public Works, the applicant shall be required to post with the City a cash deposit or other suitable monetary guarantee excluding an indemnity bond, in an amount equal to 150 percent of the restora- tion cost of the project. The amount of deposit shall be determined by the estimated cost in backfilling, compaction, restoration of cuts in the pavement, adjustment of surface appurtenances and otherwise completely restoring all invasions of City right-of-way to their original condition. Section 4. Section 7.30.050 of the Edmonds City Code is hereby amended to read as follows: 7.30.050 Street Fee. An additional fee for construction or excavation on fully improved streets from back of walk to back of walk and on the paved surface of partially improved street of $15.00 for the first 100 feet and $5.00 for each additional 100 feet or portion thereof shall be assessed. Section 5. Section 7.30.060 of the Edmonds City Code is hereby amended to read as follows: 7.30.060 Right -of -Way Fee. An additional fee for construction or excavation within City right-of-way but beyond limits of streets as described in Section 7.30.050 above, shall be assessed at $15.00 for the first 100 feet and $1.00 for each additional 100 feet or portion thereof. Page two Section 6. Section 7.30.070 of the Edmonds City Code is hereby amended to read as follows: 7.30.070 Exceptions to Fees. The fees required by Sections 7.30.050 through 7.30.060 shall not apply to parties dedicating right-of- way to the City by means of recorded plat or record of short subdivision. Section 7. Section 7.30.080 of the Edmonds City Code is hereby amended to read as follows: 7.30.080 Disruption Fee. When an underground utility installation is made within five years after improvement of a street to City standards, a disrup- tion fee in addition to the fees prescribed in Sections 7.30.050 through 7.30.060 shall apply. This additional disruption fee shall be five times the estimated construction cost 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 Director of Public Works 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 said disruption fee as soon as practicable following the final decision of the City to so improve a street. Section 8. Section 7.30.090 of the Edmonds City Code is hereby amended to read as follows: 7.30.090 Inspection. The City shall exercise full right of inspection of all excavating, construction, and other invasions of City right- of-way. The Director of Public Works shall be notified on the working day prior to commencing any work in the City right-of-way. The Director of Public Works is authorized to and may issue immediate stop work orders in the event of noncom- pliance with this chapter and/or any of the terms and provisions of the permit or permits issued hereunder. Page three Section 9. Section 7.30.100 of the Edmonds City Code is hereby amended to read as follows: 7.30.100 Open Cuts. No open -cut crossings of City rights -of -way shall be made without the approval of the Director of Public Works. However, in the event they are approved, all open cuts shall be accomplished in the following manner: a. The existing surface is to be removed and wasted off the site. Surfacing broken beyond the edge of the original cut shall also be removed. b. The utility line shall be installed with bedding to the centerline of the pipe, cable or conduit. No further work shall be done without inspection and approval by the Director of Public Works of the utility installation and the suitability of the excavated material for backfilling. C. Backfill material shall be completely granular and free draining. Backfilling and mechanical compaction to 95 percent of maximum density is to be accomplished in one -foot lifts immediately after approval of utility installation. The Director of Public Works may require the contractor to furnish compaction tests at the contrac- tor's expense as proof of compliance with minimum compaction. d. Immediately following compaction of backfill, a four -inch lift of compacted 1-1/4 inch minus crushed rock shall be placed. A two-inch layer of temporary MC 200 asphalt cold mix shall be placed over the crushed rock in trench cut areas which will be bearing vehicular or pedestrian traffic. e. Final restoration of an open cut shall be accomplished at the discretion and direction of the Director of Public Works. The Director of Public Works shall have the option of directing the final surface restoration to be accomplished by the City, and/or he may waive the City restora- tion requirement for special projects where the type of work eliminates the need for City patching requirements. The Public Page four Works Director will issue a current rate schedule to the contractor for City patching costs, which schedule shall be a part of the permit application. f. Temporary cold patching will be removed. Edges of existing surface shall be cut and trimmed to a neat line and tack coated. Any additional damaged surface areas resulting from installation work shall be removed and patched. Permanent asphaltic surfaces shall be patched with a three-inch minimum compacted thickness of Class "B" asphaltic concrete. Semi- permanent surfaces may be patched with MC 800 asphalt mix, and concrete surfaces shall be patched with concrete or asphaltic concrete thickness as determined by the Director of Public Works. Section 10. Section 7.30.110 of the Edmonds City Code is hereby amended to read as follows: 7.30.110 Shoulders. Shoulders disturbed by excavation or otherwise, shall be reshaped to the satisfaction of the Director of Public Works and shall be repaired with a minimum of two-inch compacted crushed rock top course. Section 11. Section 7.30.120 of the Edmonds City Code is hereby amended to read as follows: 7.30.120 Curb, Sidewalk or Driveway Restoration. All curb, sidewalk or driveway restorations shall be constructed according to standard plans and specifications of the Public Works Department. Section 12. Section 7.30.130 of the Edmonds City Code is hereby amended to read as follows: 7.30.130 Backfill Within Planting Strip. , Backfilling and restoration of trenches authorized within planting strips shall be accomplished as follows: a. Backfilling shall be in accordance with paragraphs "c" and "e" of Section 7.30.100. Page five b. Areas shown on the drawing or as required by the Director of Public Works to receive seeding or sodding shall receive topsoil. Areas to be seeded shall receive a minimum of four inches of topsoil. Areas to be sodded shall receive a minimum of three inches of topsoil. Section 13. Section 7.30.140 of the Edmonds City Code is hereby amended to read as follows: 7.30.140 Drainage. Existing drainage ditches, culverts, etc., shall be kept clean at all times. Temporary diversion of any drainage system shall not be permitted without the written consent of the Director of Public Works. Any drainage culverts, catch basins, manholes, etc., disturbed by excavation or other construction, shall be replaced with new material or repaired as directed by the Director of Public Works. Section 14. Section 7.30.150 of the Edmonds City Code is hereby amended to read as follows: 7.30.150 Unsafe Travel Conditions. If, in the opinion of the Director of Public Works, it appears that the traveled roadway is or may become unsafe for the traveling public due to weather or other reasons, the Director is authorized to order excavation to cease immediately and to require clean-up to be promptly accomplished. Section 15. Section 7.30.190 of the Edmonds City Code is hereby amended to read as follows: 7.30.190 Sealcoats. If, in the opinion of the Director of Public Works, the final restoration of open cuts are inadequate to protect the base of the street from erosion caused by seepage of water, the contractor shall be required to sealcoat the full width of the street, for a distance to be determined by the Director of Public Works. Page six Section 16. Section 7.30.210 of the Edmonds City Code is hereby amended to read as follows: 7.30.210 Excess Material. No excess material or unsuitable material shall be wasted on City right-of-way without the written consent of the Director of Public Works. Section 17. Section 7.30.220 of the Edmonds City Code is hereby amended to read as follows: 7.30.220 Safety Practices --Signing. All work shall be accomplished in compliance with applicable safety regulations and practices. Traffic control devices shall be erected by the contractor and shall be in accordance with the regulations established by the State of Washington Department of Safety, Department of Motor Vehicles and the City of Edmonds. The contractor shall have the obligation of providing adequate warning signs and lights. Section 18. Section 7.30.240 of the Edmonds City Code is hereby amended to read as follows: 7.30.240 Barricading or Closing Streets. The City Police and Fire Chiefs, respectively, shall be notified not less than 24 hours prior to barricading or closing of streets. Proper provisions shall be made for the public's convenience, safety and travel, whenever possible. Permission for street closure must be obtained from the Director of Public Works. Section 19. Section 7.30.250 of the Edmonds City Code is hereby amended to read as follows: 7.30.250 Barricading of Excavations -- Attended or Unattended. All attended or unattended excavations shall be properly barricaded to prevent accidents. It shall be the responsibility of the contractor to see that all necessary barricading is erected and maintained. Page seven Section 20. Section 7.30.270 of the Edmonds City Code is hereby amended to read as follows: 7.30.270 Final Inspection. Prior to final approval of construction, a visual inspection of the job site will be made by the Director of Public Works. Restoration of the area shall be complete with all improvements being restored to substantially their original condition. Final approval of construction shall not be given earlier than thirty (30) days after completion of construction. Section 21. Section 7.30.280 of the Edmonds City Code is hereby amended to read as follows: 7.30.280 Maintenance Bond. All work shall be guaranteed by the contractor for a two-year period from the time of inspection and final approval of the construction. If, in the opinion of the Director of Public Works, a maintenance bond is necessary, final approval shall not be granted until a bond in the amount of 15 percent of the original security deposit is posted with the City. Said maintenance bond will be held by the City for a period of two (2) years from the date of final approval. Section 22. Section 7.30.290 of the Edmonds City Code is hereby amended to read as follows: 7.30.290 Penalties. Any person, firm, association, or corporation who violates any of the provisions of this Chapter shall upon convic- tion of the violation be punished in accordance with the provisions of Section 5.45.020 of the Edmonds City Code. APPROVED: MAYOR, ATTEST: 14'1_� 6" 21t�� CITY CLERK, IRE ARNEY MORAN FILED WITH THE CITY CLERK: August 10, 1977 PASSED BY THE CITY COUNCIL: Augus+ 1'6, 1977 PUBLISHED: Augus+ 24, 1977 Page eight