Code of Ordinances_Excavation in Rights-of-Way AmendmentMasterpiece on the Mississippi
Dubuque
bierd
All-America City
1
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amending City of Dubuque Code of Ordinances, Ordinance 10 -2, Public
Ways & Property Excavations
DATE: April 27, 2012
City Engineer Gus Psihoyos is recommending City Council approval of an amendment
to the City of Dubuque Code of Ordinances, Title 10 Public Ways & Property, Chapter 2
Excavations to reference the City's Policy for Excavation in Rights -of -Way. This new
policy addresses new technology, policies, procedures and regulations with respect to
federal, state and city manuals, regulations, guidelines and ordinances.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
Dubuque
AI- America City
'1 1 1 II
2007
TO Michael C Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT Amending City of Dubuque Code of Ordinances, Ordinance 10 -2
Ordinance 10 -2, Public Ways & Property Excavations
DATE April 26, 2012
INTRODUCTION
This memo is request an amendment to the City of Dubuque Code of Ordinances, Title
10 Public Ways & Property, Chapter 2 Excavations to reference the City's Policy for
Excavation in Rights -of -Way
DISCUSSION
The current Code of Ordinances Title 10, Chapter 2, Excavations sets forth the permit,
application, manner of work and exemptions for persons making or causing any
excavation in the public street, avenue, alley or other public places
The City has had an excavation policy that dates back to June, 1982 Methods of
performing excavations, equipment and technology have changed substantially, and it is
in the City's interest to update and make reference to the updated policy in the City of
Dubuque Code of Ordinances
Many city departments can get involved when excavations occur The departments
may include Engineering, Planning & Zoning, Water, Water Pollution Services, Police,
Fire, Transit, Public Works, Parking, Leisure Services, Finance, Legal and Building
Services All the departments have reviewed the updated policy and were asked to
share information for input in the policy
The attached "Policy for Excavation in Rights -of -Way" has been updated with the
assistance from the departments listed above for a final document that is accurate,
useable, and has enforcement capabilities This new policy addresses new technology,
policies, procedures and regulations with respect to federal, state and city manuals,
regulations, guidelines and ordinances
Documents referred to in the policy development and revisions include:
• City of Dubuque Standards & Specifications
• Code of Ordinances Title 10 and any pertinent chapters
• Street Tree and Landscaping Policy
• Erosion Control & Illicit Discharge
• Iowa One -Call Manual
• Manual on Uniform Traffic Control Devices
• Occupational Safety & Health Administration — OSHA
• Iowa Department of Transportation
• Americans With Disabilities Act and associated guidelines
• Historic Preservation Guidelines
Listed below are some of the significant changes and additions to the 1982 policy.
Proposed New: Failure to comply with policy may result in double permit
charges, removal from approved contractor list, issuance of municipal
infraction.
Old: failure to comply would result in denial of further permits until
compliance is achieved
Proposed New: Directional boring /trenching fee of $0.50 per lineal foot in
addition to excavation area fee.
Old: no charge for boring /trenching lineal footage. Past year would have
added $13,000 to revenue.
Proposed New: Areas of excavated asphalt greater than 500 square feet
requires placement with a paver.
Old: Size of surface restoration was not indicated when paver was
required.
Proposed New: Paved areas require a minimum 4' width of surface
restoration.
Old: No minimum width was indicated.
Proposed New: Submittal of current proctor of approved backfill material.
Old: Previously City staff needed to get samples, perform proctor prior to
performing compaction test.
Proposed New: Full slab replacement is required in concrete pavement less
than twenty (20) years old.
Old: Full slab was required in concrete less than ten (10) years old.
2
Proposed New: Any salvaged unused bricks from the excavation shall be
cleaned, palletized, wrapped in plastic and delivered to the city's storage
site.
Old: Contractors hauled away and disposed of bricks. The City wants to
capture these for reuse.
Proposed New: Green Alley (Brick or Porous Pavement) section addition.
Old: The City did not have a green alley section in previous policy.
Proposed New: Pennit Holder is liable for five (5) years for any excavation.
Old: Previously contractor was responsible for two (2) years.
A comparison of nine other Iowa cities showed a range of practices including some
cities not requiring permits, fee or maintenance responsibilities, up to a fee of $200 per
excavation, requiring a $1,000 deposit, maintenance or performance bond, and 5 years
of maintenance responsibility. Attached is a copy of the comparisons.
On April 19, 2012 the Engineering Department held an informational meeting for
contractors, consultants, utilities, architects and other City departments to discuss the
revisions and clarify any questions or concern. Over 150 invitations to attend this
meeting were mailed, with 67 attending. The meeting discussed insurance
requirements, revisions to the excavation policy, Statewide Urban Design Standards
and the city's consent decree. Discussion during the meeting was positive; no
comments have been received from the attendees or others since the information was
shared.
RECOMMENDATION
It is recommend the City Council approve and adopt the City of Dubuque Code of
Ordinances amendment as proposed to reference the City's Policy for Excavation in
Rights -of -Way.
Prepared by: Jane Smith, EAII
cc: Bob Schiesl, Asst. City Engineer
Crenna Brumwell, Asst. City Attorney
Jon Dienst, CE
Jane Smith, EAII
3
ORDINANCE NO. 31 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
& PROPERTY, CHAPTER 2 EXCAVATIONS, SECTION 10 -2 BY ADDING A NEW
SUBSECTION 10 -2 -6 B TO REFERENCE THE POLICY FOR EXCAVATION IN
RIGHTS -OF -WAY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10 -2 of the City of Dubuque Code of Ordinances is amended
to add the following:
10 -2 -6: Manner of Performing Work
A) Any work done under a permit required by section 10 -2 -1 of this chapter shall
be done expeditiously and in a good and professional manner and subject to
the direction and supervision of the city manager.
B) Policy for Excavation in City Rights -of -Way: The city manager shall develop,
with the approval of the city council, a written excavation policy which shall
govern the request, review, work, and restoration of an excavation.
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 7th day of May , 2012.
oy D. Buol, Mayor
Attest:
i
Ke in S. Firnstahl, City erk
• OFFICIAL
PUBLICATION
ORDINANCE NO. 31-12
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
10 -PUBLIC WAYS &
'PROPERTY, CHAPTER
2 EXCAVATIONS,
• SECTION 10-2 BY
ADDING A NEW
SUBSECTION 10-2 -6 B
TOIREFERENCE THE
PO CY FOR EXCA-
VATION IN RIGHTS-
OF-WAY
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
DU UQUE, IOWA:
Section 1. Section 10-
2 bf the City of
Dubuque Code of
Ordinances is amended
to add the following:
10 -2 -6: .Manner of
Performing Work
A) Any work done
under a permit
regL fired by section.10-
2-1 of this chapter shall
be done expeditiously
and in a good and
professional manner
and subject to the
direction and super-
vision of the city
ma ager.
B) Policy for
Excavation in City
Rig -of -Way: The city
ma ger shall develop,
with the approval of
the city council, a
wri en excavation
polidy which shall
govern the request,
review, work, and
restoration of an
excavation. •
Section 2. This Ordi-
nance takes effect on
publ cation.
Passed, approved and
adopted the 7th day of
May 2012. •
/s/Roy D. Buol, Mayor
Attest: /s /Kevin S:
Firnstam, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 11th
day of May, 2012.
/s /Kevin S. Firnstahl,
City Clerk
1t 5/11
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: May 11, 2012, and for which the charge is $13.87.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this I (- day of W , 20 (o,- .
ary Public in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
My Comm. Exp. DEC 11, 2013
CITY
AMES
ANKENY
PERMIT ISSUE
Yes
No
CEDAR RAPIDS Yes
CORALVILLE
Yes
COUNCIL BLUFFS Yes
DES MOINES
DUBUQUE
IOWA CITY
NEWTON
SIOUX CITY
CENTENNIAL
COLORADO
Yes
Yes
Yes
Yes
Yes
Yes
Yes
COMPARISON BY CITY OF EXCAVATION PROCESS
CHARGE
$0.35 - $2.00/c.f.
No
$20 - $75
$200 /excavation
$50 Flat Fee
$20 + $0.05- $0.20 /sf
$0.75/s.f.
$50 & up +$0.50/I.f.
$50 deposit
$20 - $60
$75 Flat + $60 /opening
plus $1 /If trenching
MAINTENANCE BOND /DEPOSIT
1 -2 years
No No
2 years
5 years Annual License
No No
Bond Required
2 years
5 years
Yes
1 year
6 months
$60 Base + $15 (1 -3 Locations) 2 years
$300 Annual; $75 -$150 Inspection
No
No
Option
Option
Yes
COMMENTS
City charges for City final surfacing; full panel required in concrete
Submit Plan of Work; Contractor responsible for final surface
Contractor responsible for final surface
Testing charged to contractor; contractor responsible for final surface
Testing if required contractor expense
Addit'I fee for inspection; follow up inspections; GIS
CURRENT
PROPOSED
Deposit returned after 1 year if ok; liable for as long as city has bond
Annual License, Bond
Utility Min. plus $50 /block
$20,000 Bond Annual License, Bond Required; Plan review, street closure, stop work
$75 - $500
April 5, 2012
CITY OF DUBUQUE
POLICY FOR EXCAVATION IN RIGHTS -OF -WAY
PURPOSE: The purpose of this policy is to establish consistent standards and procedures for
the excavation, backfill, maintenance and administration of work performed in the public right -
of -way to protect the health, safety and welfare of those working and traveling the rights -of -way.
DEFINITIONS:
Certified Competent Person for Excavation Safety
A competent person is defined as one who is capable of identifying existing or predictable hazards in
the surroundings or working conditions which are hazardous to employees, and who has authorization
to take prompt corrective measures to eliminate them. When applied to trenching or excavation
operations, the "Competent Person" must have specific training in, and be knowledgeable about, soil
analysis, the use of protective systems, and the requirements of OSHA standards. In addition, the
"Competent Person" must have the authority to take immediate action if a hazard exists.
Closure
A temporary prohibition of traffic across public right -of -way.
Excavation
Excavation means an operation in which a structure or earth, rock, or other material in or on the ground
is moved, removed, or compressed, or otherwise displaced by means of any tools, equipment or
explosives and includes, but is not limited to grading, trenching, tiling, digging, ditching, drilling,
augering, tunneling, scraping, cable or pipe plowing, driving, and demolition of structures.
HMA
Hot Mix Asphalt
MUTCD
Manual on Uniform Traffic Control Devices
NATIVE PAVING BRICK
Brick removed from the excavated area, salvaged for the restoration.
OSHA
Occupational Safety & Health Administration
Right -of -Way
Area shown on the official plat which is dedicated for use by the public. This may include but not be
limited to any street, alley, park lawn area, sidewalk, easement, lot or parcel.
SUDAS
Statewide Urban Design & Specifications
1
SECTION I. REQUEST FOR EXCAVATION PERMIT
1.1
No person, company or corporation shall make any excavation, cut into or remove any portion
of the public right -of -way, or improvements thereon, which includes streets, pavement, curbs,
alleys, sidewalks, park lawn areas, retaining walls or public place, without first obtaining a permit
from the Engineering Department. The permit holder shall be responsible for compliance with
this policy, as well as all City Ordinances, with special attention to Title 10, Chapter 2
Excavations, all applicable City of Dubuque Engineering Department Standards &
Specifications, City of Dubuque Street Tree & Landscaping Policy, and Erosion Control Policy &
Illicit Discharge Ordinance.
1.2 Request for permit shall be filed at the Office of the City Engineer, City Hall, 50 W. 13`h
Dubuque, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, at (563) 589-
4270 and shall be filed at least 48 hours in advance of the anticipated start of construction.
Notification information must indicate the location and estimated dimension of the proposed
excavation, permit holder name and address, purpose of excavation, owner of property for
which work is being performed, time and date the excavation will be initiated, traffic controls,
and such other information as the City Manager shall require to determine whether a permit
should be issued. Notification to the City by the excavator DOES NOT authorize approval or
permit any work to be performed in the public right -of -way. City Engineering will notify the
requesting party when all pertinent information has been received and reviewed as to the status
of approval. Permit and approval is site specific and does not carry over to any associated
projects, phases or work.
1.3 Projects that are not at one specific location, but are larger in scope, must be submitted a
minimum two weeks (2) in advance to allow for proper review and investigation.
1.4 IOWA ONE CALL: The Iowa Underground Utility Facilities Damage Prevention Act, Chapter
480, Iowa Code is made a part of this policy. The law requires persons excavating to contact
the one call system at least 48 hours prior to any excavation. Iowa One Call contact is 1 -800-
292 -8989 or 811. Common Ground Alliance Best Practices are supported and recommended as
part of this policy.
1.5 City of Dubuque Code of Ordinance Section 6- 5 -1(G) states: Pile Drivers, Hammers: The
operation of any pile driver, pneumatic hammer, derrick, power hoist or other construction
equipment, except between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.,
Monday through Friday, and nine o'clock (9:00) A.M. and six o'clock (6:00) P.M., Saturday and
Sunday, and when so permitted, only if equipped with an effective muffling device.
1.6 No work shall commence until the permit has been authorized by the Engineering Department
and Iowa One Call and all utilities have been marked or have notified the permit holder. The
permit will be valid only for the location, date and time specified. The permit holder shall give at
least 48 hours notice prior to the start of any excavation activity, along with a tentative schedule
for backfilling operations and pavement replacements to allow sufficient time for the City to
schedule compaction testing, inspect the excavation prior to, and for, pavement replacement for
conformance to City specifications.
1.7 If an emergency excavation is necessary after normal working hours, the permit holder shall
notify Police Dispatch (563) 589 -4415 and give the location and nature of the emergency prior
2
to starting work. The excavator must contact the Engineering Department by noon on the next
business day to apply for the required permit.
1.8 FAILURE TO OBTAIN PROPER PERMITS or comply with provisions of this policy may result in
double permit charges plus removal from the approved excavation contractor list; and could
lead to the issuance of a municipal infraction with a $750 charge per day in accordance with
City of Dubuque Code of Ordinances Section 10 -2 -1 Permit Requirements and Section 1 -4 -2
Civil Penalty.
1.9 FAILURE TO COMPLETE WORK, may result in the City, after written notice to the permit
holder, and no response from the permit holder, performing the necessary work to complete the
excavation, including surface restoration, and assessing all costs associated to the permit
holder in accordance with City of Dubuque Code of Ordinances Section 10 -2 -1 Permit
Requirements.
SECTION 2. INSURANCE /SECURITIES
2.1 No permit will be issued to any person, company or corporation without an approved policy of
insurance that complies with the current City of Dubuque Insurance Schedule. Proper
insurance is required for contractors performing work in the public right -of -way. This includes
but is not limited to excavators, plumbers, electricians, surface restoration, drillers, directional
boring or trenching contractors. Any other insurance required by federal, state or local agencies
are the responsibility of the contractor, unless otherwise indicated by the City Engineer.
2.2 A Certificate of Insurance must be updated, renewed and submitted each year. For more
information contact the City of Dubuque Finance Department, Finance Director, at (563) 589-
4130, or the City of Dubuque Engineering Department, Project Manager, (563) 589 -4270.
Contractors undertaking work on behalf of the City must comply with the federal Consent
Decree, a copy of which can be found at on the City's website.
SECTION 3. PERMIT FEE
3.1 The permit holder shall be responsible for the payment of the permit fee and any pavement
restoration fees if the Public Works Department performs the final street patch. These fees are
subject to change depending upon the City's cost of providing the service.
3.2 Current Excavation Permit and Street Division fees are as follows:
INSPECTION PERMIT FEE
RATE: $0.75/S.F.
MINIMUM $50.00
MAXIMUM $1,000.00 (case by case basis)
SURFACE & PUBLIC WORKS DEPT. RESTORATION FEE
HMA $0.75/S.F. plus $6.55/S.F.*
HMA OVER CONCRETE $0.75/S.F. plus $8.55/S.F.*
CONCRETE $0.75/S.F. plus $8.00/S.F.*
BRICK $0.75/S.F. plus $12.00/S. F.*
*(Add't Traffic Control $ may be added)
3
DIRECTIONAL BORING/TRENCHING
RATE: $0.75/S.F. entrance /exit excavation areas + $0.50 /L.F. trench /boring
CORING $50.00 per core
MINIMUM $50.00
MAXIMUM $1,000 + entrance /exit excavation areas
Record Drawings Required (Autocad Compatible; pdf or as -built paper copy)
SECTION 4. DAMAGE TO UTILITIES; EMERGENCY RESPONSE
4.1 If a hazardous damage occurs:
• Call 911 immediately,
• Contact the utility company whose property has been hit.
• Any person excavating and causing damage to any underground utility may be
charged with a municipal infraction or face a civil penalty, from either the City of
Dubuque or the Iowa Attorney General's Office
SECTION 5. CONSTRUCTION NOTES AND REQUIREMENTS
5.1 Reference and compliance is required of, but not limited to, City Code of Ordinance Title 10,
Chapter 2, Excavations, all applicable City of Dubuque Engineering Department Standards &
Specifications, City of Dubuque Street Tree & Landscaping Policy, and Erosion Control Policy &
Illicit Discharge Ordinance.
5.2 The permit holder shall adhere to all rules and regulations of OSHA.
5.2.1 The Permit holder will be required to have a Certified Competent Person For Excavation
Safety available to make sure that all trenching and excavations are performed in a safe
manner when working within the City rights -of -way.
5.2.2 City staff is required by City of Dubuque Administrative Policy 5.03, relative to
observation of a potential OSHA excavation safety violation, to advise the permit
holder's representative at the site that a city employee is required to report such
observations to the City inspector's supervisor for possible further action.
5.3 The methods, equipment and tools used shall produce a satisfactory quality of work to comply
with the City of Dubuque Engineering Department Standards and Specifications and shall be
adequate to maintain the schedule of progress specified in the permit. The City Engineer may
require the permit holder to demonstrate that the permit holder has sufficient equipment and
manpower available to perform the work.
5.4 If over one (1) acre is disturbed during any activity (including stockpile areas) a general permit
through Department of Natural Resources along with the City's Erosion & Sediment Control
Permit (ESC) shall be required. For other instances, the City of Dubuque Illicit Discharge
ordinance states that material storage is to be placed and protected in such a manner as to not
be washed or run off into the street, drainage ditch, or any part of a stormwater system. No
concrete material or any other non - stormwater substance is to be washed into any part of the
stormwater system. Protection of the stormwater system is required and the method must
follow best management practices. Penalty and fines will be levied for such violations as
provided in the Illicit Discharge Ordinance.
5.5 HMA surface replacement larger than a 9 sq. ft. of area shall have the base course compacted
with a plate compactor. The final course shall be rolled with an HMA roller with the minimum
4
centrifugal force of 5,500 pounds per drum. Areas larger than 500 s.f. the HMA shall be placed
with a paver.
5.6 The permit holder shall notify IOWA ONE CALL and all utility companies and other parties
affected by the work, and shall be wholly responsible for damage to adjacent utilities and other
public or private property. Door tags or letter notifications with all pertinent information must be
placed at all affected properties.
5.7 The permit holder shall comply with all applicable laws, rules, regulations and ordinances
governing safety, health, pollution and sanitation, and shall make available such additional
safeguards, safety devices, protective equipment, and take such actions as are reasonably
necessary to protect the life and health of the permit holder's employees and the public.
5.8 When more than one excavation or a series of continuous excavations is required to complete
the project within a City block, there must be at least 10' feet between the excavations, without
undermining, or a continuous cut will be required unless otherwise approved by the City
Engineer. City Engineer may require re- sawing of any existing pavement prior to any new
pavement replacement.
5.9 Paved areas require a minimum 4' width of surface restoration. If undermining is observed by
the inspector, additional areas may be required for sawing, removal, compaction and
resurfacing. All excavations must be squared or cut to follow the permanent restoration
requirements.
5.10 Material for backfilling shall be approved by the City Engineer prior to backfill operations. See
Section 6 - Backfilling
5.11 Concrete pavement street excavation surface replacements are covered in Section 8 —
Permanent Restoration.
5.12 Core drilling (potholing) for utility locations are permitted only after approval of the City
Engineer. Restoration of core holes shall be in accordance with current publications of SUDAS
and any applicable City of Dubuque Standard Specifications. When more than one core is
required, a continuous cut with a minimum of 3' x 3' will be required if in asphalt, possibly full
slab replacement if in concrete, or a charge per each location, unless otherwise approved by the
City Engineer.
SECTION 6. TRAFFIC /PEDESTRIANS
6.1 All traffic control must be provided by the permit holder and comply with the latest edition of the
Manual on Uniform Traffic Control Devices (MUTCD). The City Engineer must approve any
special and unique traffic control prior to issuance of a permit.
6.2 Under no circumstances may a street or alleyway be closed either partially or completely,
without prior approval of the City Engineer. The permit holder shall be responsible for
notifications of the closing to the Police (563) 589 - 589 -4415; Fire Department (563) 589 -4160
and Dubuque Community School District (563) 552 -3275. The City Engineer may require that
closures of streets and public rights -of -way have an approved marked detour route to minimize
disruption to normal traffic flow. On main thoroughfares, there shall be at all times sufficient
traffic lanes open to permit a substantially normal traffic flow; otherwise the work shall be
confined to the hours between nine o'clock (9:00) a.m. and four o'clock (4:00) p.m. or between
twelve o'clock (12:00) midnight and seven o'clock (7:00) a.m. In the event the work is of an
5
emergency nature, the city manager may authorize work during other hours under such
conditions as the city manager shall determine appropriate. On arterial and collector streets, no
restrictions of traffic flow will be allowed from 6:00 a.m. to 9:00 a.m. or from 3:00 p.m. to 6:00
p.m. without the prior approval of the City Engineer.
6.3 The permit holder shall perform the work with as little interference with the normal traffic flow as
possible, and two -way traffic shall be maintained wherever possible. Temporary "No Parking"
signs are available from the Engineering Department when a parking area is required for the
channelization of traffic or if the excavation is located in the parking area. Only "No Parking"
signs, which have been signed and dated by a representative of the Engineering Department,
shall be used for such purpose.
6.4 "No Parking" signs shall not be used for the purpose of reserving parking for the permit holder's
vehicles or equipment. Any vehicle parked in an area posted as "No Parking" may be cited.
6.5 If deemed necessary by the City Engineer, a "Reserved Parking" sign(s) may be issued to allow
the permit holder to park equipment vehicles and /or equipment on the street. The "Reserved
Parking" sign(s) must be signed and dated by a representative of the Engineering Department.
6.6 Required signs must be posted 48 hours prior to commencement of any work.
6.7 Any parking meters that are taken out of service must be coordinated and paid for by the permit
holder. Contact the City of Dubuque Parking Division, Locust Street Ramp, 830 Bluff Street, or
(563) 589 -4266, or go to the City's website, www.cityofdubuque.org.
6.8 The permit holder is responsible for placing and maintaining proper barricades, warning signs,
lights, and traffic cones so as to protect the public from injury or damage as a result of the
excavation.
6.9 City Engineer may require additional traffic control measures if traffic conditions warrant the
extra protection. Certified flagmen are mandatory at intersections where equipment is
intermittently blocking a traffic lane of an arterial or collector street, or where only one lane is
available for two directions of travel on an arterial or collector street.
6.10 Any signage removed or damaged before or during the performance of any work must be
replaced at the end of the project. Care must be taken for accurate markings of sign locations
when removal is needed, care of condition of post and sign, and immediate replacement at
works end. Any signage related to traffic movement must remain or have temporary
placements during performance of any work, with permanent replacement at the end of the work
performance.
6.11 Any pavement markings eliminated or damaged before or during the performance of any work
must be replaced at the end of the project. Any pavement markings related to traffic movement
must remain or have temporary measures in place during the performance of any work, with all
permanent replacement at the end of the work performance.
6.12 Spoil and material piles shall not infringe on the remaining travel lanes or visibility triangles and
if placed on the street, shall be placed on the approaching traffic side of the excavation.
6.13 All excavations are to be backfilled by the end of each working day, if possible. In the event that
an excavation must remain open, steel plates may be required to cover the excavation, at the
discretion of the City Engineer. The plates shall be of sufficient strength to accommodate all
6
traffic loads. An overlap to undisturbed area should be maintained. Intersections will be
required to be plated or temporarily backfilled. Unless approved by the City Engineer in writing,
no excavation shall be left open during the weekend. If steel plates are not utilized, temporary
fill shall be placed to street grade and barricading is required. Orange safety fence or other
similar fence firmly anchored and barricaded shall be required to surround the excavation.
6.14 Accessibility Considerations - When existing pedestrian and /or bike trail facilities are disrupted,
closed, or relocated in a temporary traffic control zone, the temporary pedestrian facilities shall
be consistent and in accordance with the MUTCD.
SECTION 7. BACKFILLING
7.1 Backfilling shall be done under the supervision of the City Engineer and in accordance with City
of Dubuque Engineering Department Standards & Specifications for Backfill.
7.2 Compaction Testing - The permit holder performing the backfilling operations shall submit a
current proctor of the approved backfill material to the City of Dubuque Engineering Department
at least 12 hours in advance of backfill operations. The proctor shall have been performed or
supervised by an individual who is IDOT certified in performing proctor tests.
7.3 The City reserves the right to perform, or to require the permit holder to perform, periodic
density tests to assure that the compaction requirements are being achieved. The permit holder
shall be required to cooperate with the City in this regard and without compensation for any
delays which may result by virtue of any additional compaction testing, removal, compaction
and retesting.
7.4 Backfill in all excavations within the right -of -way shall be compacted by a mechanical tamper of
an approved type in lifts not to exceed eight (8 ") inches in loose thickness to the final surface
elevation or pavement subgrade. Backfill material shall consist of crushed limestone, 3/"
basestone, or an approved equivalent, compacted to 95% of Standard Proctor Density.
Alternate backfill material may be used only upon approval of the City Engineer.
7.5 The City further reserves the right to require an excavation to be re- opened for the purpose of
compaction testing where there is sufficient cause to believe that proper density was not
achieved. If the compaction is not of sufficient density, the permit holder shall be required to
remove the material and compact the excavation until compaction requirements are achieved.
7.6 Failure to follow backfill procedures as herein outlined shall be considered grounds for denial of
future permit issuance.
SECTION 8. TEMPORARY PAVEMENT RESTORATION
8.1 The permit holder shall place and maintain temporary paving to render the excavation safe for
traffic until the permanent patch is made. This temporary paving shall consist of placement and
compaction of fifteen inches of 3/4 inch rolled stone base with three inches HMA, or 4" concrete,
at the discretion of the City Engineer on all streets. The crown shall not exceed one inch above
the adjoining pavement. No temporary stone surface will be allowed to remain unless pre -
approved by the City Engineer. Temporary patch must be hard surfaced within seven (7) days.
8.2 Between the months of November and May, when HMA is not available, all excavations shall be
covered with either M -4 concrete with a 4" minimum thickness, or cold mix with a minimum of 3"
thickness, or as directed by the City Engineer, until such time as the permanent patch can be
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made. The permit holder is responsible for the continued maintenance of the temporary patch
until such time as a permanent patch is completed by the permit holder or the Public Works
Department. All temporary patches must match existing grade and no more than 1" crown
above or 1" dip below the adjoining pavement.
8.3 Core holes must be temporarily filled to the surface with cold patch and maintained until such
time as the permanent restoration occurs. Temporary measures must be approved by the City
Engineer.
SECTION 9. PERMANENT RESTORATION
9.1 Permanent patches shall be made by the permit holder or permit holder may request the City
Public Works Department to perform final surface restoration, all in accordance with SUDAS
and City of Dubuque Standard Specifications. Payment for City performed restorations shall be
in accordance with Section 3. Failure by the permittee, after written notice, to complete the final
restoration may result in the City performing the work and assessing all associated costs to the
permit holder and possible removal from the approved contractor list.
9.2 All pavement must be saw cut back at least 6" beyond where subgrade is disturbed or as
indicated by the City Engineer. If there is more than one excavation or a series of continuous
excavations, there must be at least 10' between the excavations. Streets require a minimum 4'
width of surface restoration in paved areas. If undermining is observed by the inspector,
additional areas may be required for saw cutting, removal, compaction and resurfacing to match
existing surfaces and depth. Larger dimensions for saw cutting prior to final patch may be
required by the City Engineer due to edge deterioration, undermining or raveling of adjacent
surfaces.
9.3 All pavement restoration shall be consistent with current publications of SUDAS, Section 7040 —
Pavement Repair & Restoration and applicable City of Dubuque Standards & Specifications.
This is for HMA, HMA over concrete, concrete and brick surfaces. Any pavement replacement
in concrete pavement less than twenty (20) years old is required to have a full slab replacement
meeting the specifications of the street design at time of construction or as approved by City
Engineer. In areas of high traffic and high visibility, where full concrete slabs are beyond the
twenty (20) year time period, the City may participate in cost of a full slab replacement, when
the entire area is not required for the initial excavation. Quality and smoothness of pavement
patch will be measured in accordance with the Iowa Statewide Design Specifications (SUDAS)
Division 7 Sections 7010 and 7020, or as specified by the City Engineer.
9.4 Alleys shall be restored to match existing cross - section with a minimum 8" stone and 4" HMA
surface or minimum 7" concrete over 4" aggregate base.
9.5 Sidewalks shall match the surrounding surfaces and depths. Minimum depth of Portland
Cement Concrete is 4 inches (4 "). In general, complete sections will be replaced. Minimum full
depth patch areas may depend upon original size of slab and will be replaced as directed by
City Engineer. The edges of the walk shall be saw cut when replacement area does not abut
an existing joint. If the abutting sidewalk slabs are not in compliance with sidewalk
specifications, it will be the discretion of the City Engineer as to the scope of replacement area.
9.6 Sod, seeding, or compost shall be placed on the entire area disturbed by the excavation, and
shall be maintained by the permit holder until the sod or seeding is self- sustaining. Sidewalk
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and sod replacements shall be done in accordance with City of Dubuque Standards and
Specifications.
9.7 It is the responsibility of the permit holder to replace any and all signage and pavement
markings damaged or destroyed as part of the excavation. See Section 6 Traffic /Pedestrians.
9.8 Brick Street & Alley Excavation & Restoration
It is a goal of the City of Dubuque and the Historic Preservation Commission to preserve the
character and history of brick pavements. In order to protect this historic treasure, the City of
Dubuque has adopted the following policy concerning excavations in brick streets and alleys:
9.8.1 Excavations performed in any brick streets or alleys shall be repaired using native brick.
Care must be used during the removal and excavation process to salvage as many
bricks as deemed possible. Any additional bricks required for replacement will be
supplied by the City. Pick up of the brick is the responsibility of the permit holder.
Method of repair for brick surfaces includes 6" Portland cement concrete, 1/2" sand bed,
brick placement and sand filled joints. Any salvaged unused bricks, in good condition,
from the excavation shall be cleaned, palletized, wrapped in plastic and delivered to the
City's storage site.
9.9 Green Alley (Brick or Porous Pavement) Excavation & Restoration
An excavation in a Green Alley (pervious pavement surfaced alley), will require all of the
pavement restoration to match the existing pavement base and surface, and be repaired by an
approved, qualified contractor. The contractor shall protect the surrounding base stone from
fines that may plug the infiltration layer of the pavement. Since the pavement sub - surface layers
are porous and highly granular, the contractor or utility is required to use a trench box to protect
workers from unstable trenches. All backfill material shall meet the same gradation
requirements as the original installation of the pavement and sub -base. All brick removed shall
be saved and re -used. Any damaged brick shall be replaced with new brick. The contractor or
utility may contact the City to see if replacement brick for the alley is available. If the brick is not
available from the City, the contractor or utility shall purchase matching brick in size, color,
hardness and material at no cost to the City. Final installation of pavement shall not deviate
from surrounding pavement by more than 1/4 ". The gradation requirements for the various sub-
base materials used in Green Alleys is according to ASTM No. 2, ASTM No. 57 and ASTM No.
8.
9.10 Curb Ramp Installation
In May, 1993 the City of Dubuque adopted a policy relating to construction of curb ramps pursuant to
Iowa Code Section 321L and Americans with Disabilities Act of 1990 and amendments. 28 CFR
35.151 (c) (i) requires curb ramps or other sloped areas at pedestrian street crossings on newly
constructed or altered streets, roads, highways, and street level pedestrian walkways, therefore:
9.10.1 The design, construction and reconstruction of curb ramps shall be in conformance with
the current construction requirements and guidelines as set forth by the Access Board
(an independent federal agency responsible for development of accessibility guidelines)
and the Iowa Department of Transportation.
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9.10.2 Radius areas (curb and /or sidewalk) disturbed during excavation shall be reconstructed
to meet current curb ramp standards. For all new and reconstructed intersections, curb
ramps shall be installed meeting current standards.
9.10.3 Where reconstruction or maintenance associated with the City sidewalk inspection and
repair program, utility construction projects, and routine City maintenance projects
disturb a curb ramp, then a curb ramp shall be installed or altered to meet the current
standards.
9.10.4 Minor repairs or reconstruction of sidewalk, curb, or pavement in the vicinity of an
intersection which does not alter the usability of the pavement and sidewalk at a
crosswalk does not require the reconstruction of a curb ramp.
9.10.5 Given the terrain of the City of Dubuque, it may be impossible to meet the maximum
slope requirements for curb ramps at all intersections throughout the City. In such
cases, the least possible slope shall be used in the construction of the curb ramp.
Installation of ramp slope in excess of the current guideline requires the prior approval of
the City Engineer.
9.10.6 In the event of an extreme grade of the street, or an unusually high curb, every effort
shall be made to accommodate the construction of a curb ramp. A request for a
determination and justification for not installing the curb ramp, due to impracticality shall
be documented and forwarded to the City Engineer for review.
SECTION 10. SETTLEMENT
10.1 The permit holder shall be responsible for maintenance of an excavation for a period of five (5)
years after the completion of the permanent restoration. If at any time within such five (5) year
period, the excavation becomes deteriorated or settles, the permit holder shall remove the
pavement surface and backfill material, compact the trench backfill and replace the surface at
the permit holder's expense.
10.2 After written notice from the City, and without any response from the permit holder to comply,
will result in the City performing the necessary work and assessing all costs associated with the
work to the permit holder.
SECTION 11. COMPLIANCE
Failure by the permit holder to comply with this Policy may result in the issuance of a stop work
order, double permit charges, issuance of municipal infraction and /or denial of any further
excavation permits until a $5000.00 bond or letter of credit is submitted and the City Engineer is
satisfied that the permit holder will comply with this Policy.
Referenced:
Insurance Schedule — Contact Finance Department for current schedule
Policy Date April 5, 2012
F: \JANE SMITH \Masters \MASTERS
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