HomeMy WebLinkAboutResolution 3304 Revising street cut permit application
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COMMISSION RESOLUTION NO. 3304
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, REVISING THE STREET CUT PERMIT APPLICATION FORM REGARDING
THE CUTTING OF PAVED PUBLIC STREETS WITHIN THE CITY OF BOZEMAN.
WHEREAS, on May 9, 1994, the City Commission of the City of Bozeman found
that a street cut application and permit procedure was in the best interest of the citizens of
the City of Bozeman.
WHEREAS, on that date, the City Commission of the City of Bozeman passed and
adopted Resolution Number 2972 which set forth the policy regarding cutting paved public
streets within the City of Bozeman.
WHEREAS, the City Commission of the City of Bozeman also adopted a "Street Cut
Permit Application" which was attached as Exhibit" A" to Resolution Number 2972.
WHEREAS, the City Commission of the City of Bozeman hereby finds that the street
cut application form requires revision to bring it current with the City Commission's policies
and state law.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Commission of the City
of Bozeman, Montana:
Section 1
That the City Commission of the City of Bozeman hereby adopts the "Street Cut
Permit Application" as revised and set forth in attached Exhibit" A" and is adopted by
reference. The Street Cut Permit Application as previously adopted in Resolution 2972 is
no longer in effect.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular meeting thereof held on the 19th day of July 1999.
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MARCIA B. YOU GMAN, Mayor
ATTEST:
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R BIN L. SULLIVAN
Clerk of the Commission
APPRO\lI;~ AS TO FORM:
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CITY OF BOZEMAN STREET DEPARTMENT
P.O. Box 640
Bozeman, Montana 59771-0640
STREET CUT PERMIT APPLICATION
TO BE COMPLETED BY APPLICANT (CONTRACTOR):
Applicant's Name: Telephone:
Applicant's Address:
Contractor (If other than Applicant): Telephone:
Street to be cut: Location of cut:
Project Name:
Purpose of Street Cut:
Length of Street Cut:
Type of Street Surface:
Street Classification: Local Collector Arterial
Street Closure requested to complete work: _ Yes (If yes, attach detailed Traffic Control Plan) _No
The Applicant, herein termed the Permittee, requests permission to make a street cut as described and
shown on attached plot plan which by reference is made a part of this application. (APPLICANT MUST
SIGN ON LAST PAGE OF THIS APPLICATION).
INSTRUCTIONS CONCERNING USE OF THIS FORM
Applicant will complete and return this form to the City Engineer whose office is located at 20 E. Olive
Street, Bozeman, Montana 59715.
The Public Service Director, in conjunction with the City Street Superintendent, is delegated authority to
approve street cut permits within the City limits of Bozeman, Montana.
Applications should be submitted a minimum of two (2) weeks prior to projected work date.
Street Cut Recommended by Application Approved by Public Service
City Street Superintendent Director
Date: Date:
Permit Application and Fee received: By:
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STREET CUT PERMIT
SUBJECT to the following terms and conditions, the permit applied for on the first page hereof is
hereby granted:
1. TERM. This permit shall be in full force and effect from the date hereof until revoked as
herein provided.
2. PERMIT FEE. This peffilit may be issued only after all approval signatures are obtained and
any applicable permit fees, as established by City Commission resolution, are paid by the
Peffilittee. Said fee is currently $50.00.
3. REVOCATION. This peffilit may be revoked by the City upon giving thirty (30) days notice
to the Peffilittee by ordinary mail, directed to the address shown in the application hereto
attached; however, the City reserves the right to revoke this peffilit without giving said notice
in the event Permittee fails to comply with any of the conditions or terms set forth herein.
4. WORK STANDARDS. All work shall be done in accordance with the Montana Public Works
Standard Specifications, Fourth Edition, January, 1996, as modified by the City of Bozeman.
City modifications to the Montana Public Works Standard Specifications can be obtained at the
office of the City Engineer, 20 E. Olive, Bozeman, Montana.
5. COMMENCEMENT OF WORK. Upon approval of this Permit, the Peffilittee sha11 notifY
the Street Superintendent 48 hours in advance of any work.
6. STREET CUT MORATORIUM PERIOD. During the period of seven (7) years fo11owing
the initial paving, or any subsequent repaving of a street, no peffilits wi11 be issued to cut said
street. This moratorium on cutting newly paved City-maintained streets may be lifted only
under the following circumstances:
a) Emergency situations that require cutting the street. The state of emergency will be
determined by the City Street Superintendent.
b) For new fire sprinkler service lines required by the City Fire Marshal to be installed prior
to the end of the seven~year moratorium period when no alternate connection point is
available.
c) When funding becomes available in the City's own Capital Improvements Program for
a project that cannot be otherwise delayed and requires cutting the street.
d) Specific approval of the Street Cut by the City Commission.
7. CITY HELD HARMLESS FROM CLAIMS. In accepting this peffilit, the Peffilittee,
its/his/her successors or assigns, agrees to indemnifY the City and hold it haffilless from a11
claims, actions, liability, and damage of every kind and description which may accrue to, or be
suffered by, any person or persons, corporations or property by reason of the perfoffilance of
any such work, character of materials used, or manner of insta11ations, maintenance and
operation, or by the improper occupancy of said roadway right-of-way, and in case any suit or
action is brought against the City and arising out of, or by or by reason of, any of the above
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causes, the Permittee, its/his/her successors or assigns, will upon notice to it/him/her of the
commencement of such action, defend the same at its/his/her sole cost and expense and satisfy
any judgement which may be rendered against the City in any such suit or action. City includes
its officers, employees, agents and assigns.
8. PROTECTION OF TRAFFIC. Insofar as the interests of the City and the traveling public
are concerned, all work performed under this permit shall be done in accordance with the
Montana Public Works Standard Specifications, Fourth Edition, January 1996, as modified by
the City of Bozeman. All construction zones shall be signed in accordance with the Manual of
Uniform Traffic Control Devices.
9. STREET CLOSURES. If a street closure is approved to complete the proposed work, the
following shall apply:
a) The approved Traffic Control Plan shall be adhered to at all times by the Permittee, and
all signs, barricades, and other traffic control devices shall be maintained in place prior
to intitiation of any work and until the work is completed.
b) At least 24 hours prior to closing the street, the permittee shall notify the Police and Fire
Departments, Ambulance services, property owners residing within the portion to be
closed, and (if applicable) school bus operators of the intended street closure, and shall
promptly notify them once the street has been re~opened.
c) For closures of collector or arterial streets, the Permittee shall in addition to b) above,
send a press release to the Bozeman Daily Chronicle newspaper and local radio stations
detailing the intended street closure at least two days in advance of any work.
10. EXISTING UNDERGROUND UTILITIES.
a) It shall be the responsibility of the Permittee to contact all pertinent utility companies by
calling the Utilities Underground Location Center (One Call) at 1-800~424~5555 at least
two business days prior to starting any excavation.
b) Any underground utility which is damaged by a Permittee shalI be repaired at the
Permittee's expense in the manner and means prescribed by the authorized representative
of the utility owner.
c) The costs incurred by the City to repair any damaged utility shall be paid by the
Permittee.
11. STREET RESTORATION.
a) Trenches shall be compacted to 95% density in accordance with AASHTO T~99 (or T-
180, as appropriate). When the street cut is to be made in a collector or arterial street, an
area of poor subgrade materials, or any other area requiring immediate closure and
resurfacing of the street, non-shrink backfill, or imported structural backfill shall be used
when directed by the Street Superintendent prior to resurfacing.
b) Concrete curb, gutter and sidewalks shall be repaired according to City of Bozeman
standards.
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c) All asphalt patches shall be made with hot mix asphalt within forty~eight hours of trench
backfilling. The thickness of the asphalt patch shall be equal to or exceed that of the
existing roadway but shall be no less than 3". I n the event that hot mix asphalt is not
available, cold mix asphalt may be used but shall be removed and replaced as soon as the
local asphalt supplier company starts up the following construction season. The
temporary cold mix patch shall be made within forty~eight hours of trench backfilling.
d) Before the street cut patch is made, the existing asphalt shall be cut back a distance of
one (1) foot on each side of the existing trench opening. The edge of the existing asphalt
shall be tacked with 88-1 or equal prior to placing the new hot mix asphalt.
e) All street cuts shall be covered by a one (1) year warranty period commencing upon final
inspection and acceptance by the City and said warranty shall extend to the City.
f) In the event the applicant fails to restore the street in a timely manner, the City reserves
the right to have the work completed at the applicant's expense. If defects in the patch
occur within the warranty period, the City reserves the right to repair the patch at the
applicant's expense if the applicant fails to make the necessary repairs within five days
of being notified.
12. RUBBISH AND DEBRIS. Upon completion of work allowed under this permit, all rubbish
and debris shall be immediately removed from the right~of-way and the right-of-way and
roadway restored and left in a neat and presentable condition satisfactory to the City.
13. INSPECTION. The City shall have the right to inspect all work covered under the scope of
this permit. All work contemplated under this permit shall be done to the satisfaction of the
authorized representative of the City, and the City hereby reserves the right to order the change
of location or installation authorized by this perm it at any time, said changes to be made at the
sole expense of the Permittee.
14. CITY TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed
therefore, Permittee agrees to promptly reimburse the City for any expense incurred in repairing
surface of roadway due to settlement after installation, or for any other damage to roadway,
curb, gutter or sidewalk as a result of the work performed under this permit.
15. OTHER CONDITIONS AND/OR REMARKS.
a) This permit is valid only if street cut construction is completed within _months from
date of issuance.
b) One (1) lane of traffic shall be kept open at all times, (unless Street Closure and Traffic
Control Plan has been approved).
c) Other
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DATED at Bozeman, Montana this day of , 1999.
The undersigned Pennittee, mentioned in the foregoing instrument, hereby accepts this penn it, and
agrees to comply with all of the tenns and conditions set forth herein.
PERMITTEE: CITY OF BOZEMAN:
Title: By: Director of Public Service
COMPLETED STREET CUT INSPECTED BY:
Title
Date
cc: Street Department
Pennittee
Project File
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