HomeMy WebLinkAboutResolution 2972 Establishing policy re paved street cuts
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COMMISSION RESOLUTION NO. 2972
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A POLICY REGARDING THE CUTTING OF
PAVED PUBLIC STREETS WITHIN THE CITY OF BOZEMAN.
WHEREAS, orderly growth requires the
systematic, planned provision of
infrastructure, both public and private; and
WHEREAS, it is in the public interest to minimize negative impacts on local services,
particularly streets and roadways; and
WHEREAS, it is necessary to define the conditions, means and methods under which
paved public streets can be cut and subsequently patched; and
WHEREAS, the adoption of a street cut application and permit procedure will
facilitate the proper repair of streets that must be cut and patched; and
WHEREAS, the City is authorized under Montana law to regulate streets and assess
fees for the reimbursement of costs incurred by the City in the administration of said street
cut application and permit procedure; and
WHEREAS, the City Commission of the City of Bozeman hereby finds that a street
cut application and permit procedure is in the best interest of the citizens of the City of
Bozeman.
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" set forth in Exhibit" A" which is attached hereto and is made a part
hereof by this reference as though fully set forth herein.
Section 2
The non-refundable street cut permit application fee is $50.00. Submission of a
street cut permit with appropriate fee in no way obligates the City to approve said
application. The Director of Public Works, in conjunction
with the City Street
Superintendent, will ultimately decide whether the permit can be issued without detriment
to the public interest.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana
this 9th day of May 1994.
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ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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CITY OF BOZEMAN-STREET DEPARTMENT
P.O. Box 640-Bozeman, MT 59715
Street Cut Permit Application
TO BE COMPLETED BY APPLICANT (CONTRACTOR):
Applicant's Name: Telephone:
Contractor (If other than Applicant) :
Applicant's Address:
Street Name: Location:
Street Project:
Purpose of Street Cut:
Length of Street Cut:
Type of Street Surface:
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.
INSTRUCTIONS CONCERNING USE OF THIS FORM
Applicant will complete and return this form to the City Engineer
whose office is located at 35 North Bozeman, Bozeman, Montana
59715.
The Public Works 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
City Street Superintendent Public Works Director
Date: Date:
Permit application & Fee Received:
By:
(Initials)
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STREET CUT PERMIT
SUBJECT to the following
terms and conditions,
the permit
applied for upon 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 permit will be issued only after all
approval signatures are obtained and any applicable permit fees, as
established by city Commission
resolution, are paid
by the
Permittee. Said fee is currently $50.00.
3. REVOCATION.
This permit may be revoked by the City upon
giving thirty (30) days' notice to the Permittee by ordinary mail,
directed to the address shown in the application hereto attached,
but the city reserves the
right to revoke this
permit without
giving said notice in
the event Permittee breaks
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, Third
Edition, October, 1988, as modified by the
city of Bozeman. Said
modifications can be obtained at the office of the city Engineer,
35 N. Bozeman Avenue, Bozeman, Montana.
5. COMMENCEMENT OF WORK. No work shall be commenced until
Permittee notifies the Public Works Director, in application, when
he proposes to commence work.
6. STREET CUT MORATORIUM PERIOD. During the period of seven
(7) years following the initial paving, or any subsequent repaving
of a street, no permits will 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.
7 . CITY HELD HARMLESS FROM CLAIMS. In accepting this
permit, the Permittee, its/his/her successors or assigns, agrees to
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indemnify the city and hold it harmless from all 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 performance of any
such work,
character of materials
used, or manner
of installations,
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 reason of,
any of the
above 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 judgment 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
Ci ty and the traveling public are concerned,
all work performed
under this permit shall be
done in accordance with
the Montana
Public Works Standard Specifications, Third Edition, October, 1988,
as modified by the City of Bozeman.
Traffic control plans for street closures and/or traffic
interruptions shall be submitted to, and
approved by, the
city
Engineer prior to construction. The Permittee shall contact all
emergency services agencies, i.e. POlice, Fire, ambulance, Sheriff
and notify them of the proposed street closure prior to the actual
closure.
9. 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 two business days prior to starting any
excavation.
b) Any
underground utility which is
damaged by a
Permittee shall 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.
10. STREET RESTORATION.
a) Trenches shall be compacted well
enough to prevent
settling, to 95% density as per AASHTO T-99 (or T-180, as
appropriate) . When
in the opinion of the
city street
Superintendent, the street cut is to be made in a high
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traffic area, 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 standards.
c} All asphalt patches
shall be made with
hot mix
asphalt within forty-eight
(48) 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". In the event that hot mix asphalt is
not available, a cold mix asphalt may be used but shall
be replaced as soon as the local asphalt supplier company
starts up the following construction season.
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 SS-l 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.
11. RUBBISH AND DEBRIS. Upon completion of work contemplated
under this permit, all rubbish
and debris shall be
immediately
removed and the roadway and
the roadside left in
a neat and
presentable condition satisfactory to the city.
12. 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 permit at any time, said changes
to be made at the sole expense of the Permittee.
13. CITY TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being
billed therefor, Permittee agrees to promptly reimburse 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.
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14. 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.
DATED AT Bozeman, Montana, this day of
,
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The undersigned Permittee, mentioned
in the foregoing
instrument, hereby accepts this permit, and agrees to comply with
all of the terms and conditions set forth herein.
PERMITTEE:
CITY OF BOZEMAN:
By:
Director of Public Works
Completed Street Cut inspected by:
Title
Date
Copies to:
One to Director of PUblic Works
One to Superintendent of Streets
One to Permittee
City of Bozeman
Rev. 3/30/94
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