City of Bowling Green Department of Public Works

City of Bowling Green Department of Public Works 1011 College Street P.O Box 430 Bowling Green, KY 42102-0430 Phone: 270-393-3628 Fax: 270-393-3050 TDD: 1-800-618-6056 Web Address: www.bgky.org Attention Street Cut Permit Applicants, Please take a moment to read the City Ordinances pertaining to Street Cuts and Excavations, and review the drawing of Street Cut Repair Method 2014. Please note the City requires a Copy of Liability Insurance with the City named as additional insured, with liability coverage of at least $1,000,000.00. Jeff Lashlee, P.E. Public Works Director Melissa Cansler, P.E. City Engineer WM. R. Bobby Phelps Operations Manager Kris Crowe Fleet Manager Matt Powell Environmental Manager We need permit applications at least 24 hours prior to excavation. However, we understand that in certain unique cases this may not be possible. In that event, simply call and notify me of address, type of work, and when you will begin work, then file your permit and post bond as quickly as possible. Communication is the key! A quick phone call is all it takes! Call and keep me informed. I need to know where you are working, when you will be doing the work, and what type of excavation it is (street cut, sidewalk cut, curb cut, working in right-of-way, or a combination of one or more of these). I will also need to be informed when you are backfilling, and I will need to know when permanent repairs are being made. The steps are simple. 1. File permit, post bond, provide a copy of liability insurance, at least 24 hours prior to excavation. 2. Call when you are preparing to make the cut. 3. Call when you are preparing to backfill cut. 4. Call when you are preparing to place concrete. 5. Call when you are preparing to place asphalt, or make permanent repairs. I can t stress enough, communication is the key, quick 2-3 minute phone calls will help this process run smoothly. Thanks for your help, and if I can be of any assistance or you have any questions please feel free to call. You can reach me on my cell 24/7. Mike Mitchum Public Works Technician Department of Public Works Office 270-393-3631 Cell 270-378-0472 Mission: Safely, efficiently and professionally enhance the quality of life for citizens of Bowling Green

Bowling Green, Kentucky Code of Ordinances 21-4 CUTS AND EXCAVATIONS. 21-4.01 Permit Required; Fee. No person shall make any cut or excavation in any City street, alley, sidewalk, or right-of-way without first having obtained a written right-of-way excavation permit from the Planning and Design Division. Right-of-way excavation is defined to include any excavation in a street or any excavation or removal of any part of a City right-of-way, curb, gutter or sidewalk. Application for such a permit shall be made at least one week in advance of the expected date of commencement of the work except in cases of emergency. If the application is approved by the Planning and Design Division, a permit shall be issued upon evidence of payment of a twenty-five ($25.00) dollar permit fee to the City of Bowling Green. Each permit issued shall cover only one specified piece of work. Permits fees shall be doubled if work begins prior to issuance of a permit. The construction site and area for all work performed pursuant to the permit shall comply with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD). (Ord. BG80-63, S25-41, 7/15/80; Ord. BG80-105, S11, 12/16/80; Ord. BG84-17, 5/1/84; Ord. BG93-15, 4/6/93; Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002; Ord. BG2012-29, 8/7/2012) 21-4.02 Surety Bond Required. No person shall make any cut or excavation in any City right-of-way, street, alley or sidewalk and no permit shall be issued to any person to do same under this Subchapter until the permittee shall have provided a surety bond. This bond is to insure that the repair of any cuts or excavations is made in accordance with the standards adopted by the Planning and Design Division. Bonding may be provided by a cash bond, performance bond, or letter of credit. The minimum bond amount shall be two hundred and fifty dollars ($250) and a maximum of twenty-five thousand dollars ($25,000) for a single permit. A performance bond or letter of credit may be utilized as a "running bond". This type of bonding may be used to cover multiple permits up to but not to exceed the amount of surety. This type of bonding must be renewed on an annual basis. The minimum amount for "running bonds" shall be fifty thousand dollars ($50,000). The surety posted shall not be returned to the permittee until one year after inspection and approval of the repair of any such cut or excavation has been made by the Planning and Design Division, unless special construction methods approved by the Planning and Design Division are utilized. (Ord. BG80-63, S25-42, 7/15/80; Ord. BG89-32, 8/15/89; Ord. BG93-15, 4/6/93; Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002; Ord. BG2012-29, 8/7/2012) 21-4.03 Insurance Requirements. Any person or party applying for a right-of-way excavation permit shall provide proof of insurance at time of application. The limits shall be as specified by the Risk Transfer Mechanism section in the Risk Management Manual. (Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002; Ord. BG2012-29, 8/7/2012) 21-4.04 Non-compliance Penalty. Any party involved in right-of-way excavation without the required permit or involved in work that does not comply with the standards of the City of Bowling Green Public Works Department shall be subject to criminal fines. The range for such fines shall range from a minimum of fifty dollars ($50.00) to one thousand dollars ($1000.00) for each offense and/or suspension of contractor license. A separate offense shall be deemed for each day the violation takes place. In addition, the provisions of all other parts of this Subchapter shall also apply. (Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002) 21-4.05 Planning and Design Division to Make Inspections. The Planning and Design Division shall be responsible for inspecting all cuts and excavations and repair of such cuts and excavations for compliance with repair standards. The permittee shall notify the Planning and Design Division twenty-four (24) hours in advance of work (e.g. excavation, backfill, etc.) (Ord. BG80-63, S25-43, 7/15/80; Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002; Ord. BG2012-29, 8/7/2012)

21-4.06 Permittee to Notify Planning and Design Division of Repair Work Inspection Required. The permittee shall notify the Planning and Design Division as to the exact time he will begin to make any cut or excavation and also the exact time that he will begin to repair any such cut or excavation with the notice, in each case, being at least one day in advance except in cases of emergency; provided however, in no event shall the permittee actually begin to make any cut or excavation without first receiving the expressed approval of the Planning and Design Division. The Planning and Design Division shall then again be responsible for giving immediate notification of its approval for the commencement of any such cut or excavation to the Public Works Operations Division. A representative of the Planning and Design Division shall be present during the repair of any such cut or excavation. (Ord. BG80-63, S25-44, 7/15/80; Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002; Ord. BG2012-29, 8/7/2012) 21-4.07 Time Limit for Temporary and Permanent Repairs. Each permit issued by the Planning and Design Division under this Subchapter shall specifically state the exact time limit in hours after the making of any such cut or excavation by which the permittee shall be mandatorily required to either complete all permanent required repairs or at least make such temporary covering or repairs as may be approved by the Planning and Design Division. In any event, all cuts and excavations shall be completely and permanently repaired to the satisfaction of the Planning and Design Division within ten (10) calendar days after the work requiring the cut or excavation is completed by the permittee, except for winter provisions when hot-mix asphalt is unavailable. The specified time limit shall also include all clean-up which is required by the Planning and Design Division. The permit shall expire after three (3) months. (Ord. BG80-63, S25-46, 7/15/80; Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002; Ord. BG2012-29, 8/7/2012) 21-4.08 Repairs Made by City; Reimbursement Authorized; Fee Schedule; Use of Bond to Cover Costs. a. If a permittee should fail to properly repair any cut or excavation in compliance with the standards and requirements of the Planning and Design Division, the Planning and Design Division shall then instruct the Public Works Operations Division to make all necessary repairs, in which event the City shall be reimbursed for all repairs by the permittee based upon time and materials costs plus twenty-five (25%) percent for overhead expenses. b. Any work required and fees covered under this Subchapter shall be billed to the permittee. If the permittee refuses to pay the bill within thirty (30) days, the City shall use the proceeds from the cash bond required hereinabove to cover the bill. (Ord. BG80-63, S25-47, 7/15/80; Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002; Ord. BG2012-29, 8/7/2012) 21-4.09 Public Works Operations Division Authorized to Contract With Permittee to Make Repairs; Reimbursement. The Public Works Operations Division may contract with permittee to make repairs of any cuts or excavations. The City shall be reimbursed for the repairs based on the fee schedule contained in this Subchapter. (Ord. BG80-63, S25-48, 7/15/80; Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002; Ord. BG2012-29, 8/7/2012) 21-4.10 Safety Precautions. It shall be the duty of the permittee making any cut or excavation in any City street, alley or sidewalk to provide safety precautions related to their construction. These precautions shall include, but are not limited to: signs, markings, barricades, fencing and other measures. a. Permitee shall provide barricades or construction fencing sufficient to enclose the work-zone for safety. b. Construction work-zone shall be barricaded and lighted when the work zone is open during night time for safety of the motorists and pedestrians. c. All work-zone signage shall comply with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD). d. It shall be the permittee's responsibility to comply with all laws and regulations including, but not limited to Occupational Safety and Health Administration (OSHA). (Ord. BG80-63, S25-49, 7/15/80; Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002; Ord. BG2012-29, 8/7/2012) 21-4.11 Applicability to All Public Utilities and Agencies of All Governments.

a. All of the provisions of this Subchapter shall apply to all public utilities and to all agencies and instrumentalities of all City, County, State and Federal Governments, since the dangers of blocked streets or improperly repaired cuts or excavations are the same, whether caused by private or public concerns. b. However, no agency or instrumentality of any City, County, State or Federal Government shall be required to pay the permit fee as required hereinabove. (Ord. BG80-63, S21-3.10, 7/15/80; Ord. BG98-5, 2/17/98; Ord. BG2002-41, 8/20/2002; Ord. BG2012-29, 8/7/2012) 21-4.12 Warranty of Repair and Cutting of Recently Paved Roads. The permittee shall make proper repairs to ensure minimal future impact to motorists. a. The permittee shall warranty the excavation repair for a period of five (5) years from the completion of the permanent repair. Should the repair fail, the permittee shall make necessary corrections. b. Excavation repair failure shall be deemed as trench variation or cracking in or immediately adjacent to the repaired area. Trench variation of one half inch (1/2") or greater along a ten foot (10') straightedge shall constitute failure. Additionally, cracking within one foot (1') outside of the repair shall constitute failure. If the repair is deemed to have failed within five (5) years from completion, the permitee shall make necessary repair under the warranty provision. c. Should a permittee cut a recently paved street, the permittee shall be required to repave the entire paved section. The use of seamless, thermal bonded asphalt repair, such as infrared repair, may be used in lieu of repaving an entire section. The entire section shall be deemed as the section from the cut to the nearest intersection or one hundred feet (100') on both sides of the cut, whichever is less. A recently paved section shall be deemed as paved within two (2) years prior to the excavation. (Ord. BG2012-29, 8/7/2012)

Contractors Name Contact Person City of Bowling Green / Right-of-Way Work Permit Mike Mitchum - Public Works Technician - Hours 7:30am-4:30pm Office: (270) 393-3631 Cell: (270) 378-0472 Fax: (270) 393-3050 The City as issuer of this permit retains the right to revoke this permit at any time. Contractors Address Contact Phone Number City State Zip Type of Cut / Work Street Cut Curb Cut Sidewalk Cut Right-of-Way / Other Work Location Purpose of Work All temporary repairs shall be completed within 48 hours of the completion of the utility repairs. Square Footage Sq. Ft. = Length x Width Construction Dimensions X Commencement Date / / Computation of the Cash Bond $ Bond Amount = $5.00 x Sq. Ft. ( $250.00 Minimum Bond ) Payment of Bonds and Fees is not authorization to begin work. Permit Fee = ( $25.00 Non Refundable ) Only Governmental Agencies and their agents are exempt from the application fees and posting of bonds subcontractors working on behalf of Governmental Agencies must pay fees and post bond when filing. Any change in the design or proposed purpose or use of the project invalidates the permit. Public Works Technician/Inspector Approval Date / / Additional Conditions City Engineer or their Appointee Date / / Additional Conditions The permittee shall notify the Public Works Technician/Inspector twenty-four (24) hours in advance of work (e.g. excavation, backfill, etc.) The applicant agrees to comply with all federal, state and local laws, rules and regulations relating to street cuts, including, but not limited to proper signage, barricades, lighting and similar safety measures. The applicant agrees to hold the City of Bowling Green, its officials, officers, agents and employees harmless from any and all claims for damages, including its reasonable attorneys fees, as a result of any action that may be filed as a result of damages arising from the issuance of this permit or from work done in a City right-of-way pursuant to this permit. The applicant agrees to carry liability insurance in an amount and from a carrier satisfactory to the City and such insurance shall name the City as an additional insured. All documents must be submitted prior to permit approval, see the back for further details and restrictions. Contractor is responsible for notifying emergency Permit Number services prior to any construction. Permit Number is derived from the date IE: 12-25-08 = 122508 Applicants Signature Certificate of Insurance is required. Date See Section 9 of the Manual of Purchasing, Policies Permits are non transferable from the original applicant. and Procedures for Insurance Specifications and For Official use Only Guidelines. Work must begin within 60 days of the applicants signature date, otherwise the permit is considered invalid and must be resubmitted. A Public Works employee must be present during the posting of the bond and fee payment.

Steps for proper application completion. 1. Determine if the work to be done is on the City right-of-way; If so prior approval from the City is required as well as a permit to work on City's right-of-way. 2. Determine what type of approval is required from the City. a. If changes to the existing structures or new construction is required, prior approval from both Planning and Design and the Public Works Technician/Inspector is required. b. If changes to the existing structures are not required and only replacement work is to be done, prior approval from the Public Works Technician/Inspector only is required. 3. Collect all data required to properly fill out the permit. a. Proof of Insurance (See section 9 of the Manual of Purchasing, Policies and Procedures for Insurance Specifications and Guidelines.) b. Location or address of work area, and commencement date and type of work involved. c. All required bonds (bond=$5.00 Sq. Ft. / $250.00 Minimum) and permit fee (Permit Fee $25.00 non refundable) 4. Submit proposed work plan, traffic control, insurance and any questions that the applicant may have. 5. Obtain City approval, fill out the permit, post bond and pay the permit fee, and fill out a new vendor form if required. 6. Return a copy stamped paid from the City Cashier to the Public Works Department the day the bonds are posted. 7. Inform the Public Works and the City Police Dispatch of any road work that may interfere with traffic prior to construction. 8. Complete work according to City Codes Sections 21-4 thru 21-4.11 and Call the Public Works Technician/Inspector for final inspection. 9. After work is successfully completed and final approval has been given, bond release procedures will begin after the minimum time frame of ninety (90) days has been completed. 10. Work not started within the given time frame of sixty days, must be resubmitted for an application as specified above. A Street Cut failure will be determined in the following manner. 1. A straight edge will be extended across the cut from existing pavement to existing pavement. 2. A vertical measurement will be made from the straight edge to the lowest point of the street cut. 3. Any elevation change that exceeds half (0.5) of an inch will be deemed a failure, and further repairs will be required. 4. Further repairs to the satisfaction of the City will be required before final inspections can be completed and release of any bonds can be anticipated. 5. Bonds will be held a minimum of ninety (90) days, and subsequent repairs to determined failures will extend this waiting period as required by the City. What constitutes a valid City Street Cut? 1. All street cuts when finished must have saw cut edges at, or near right angles with no angles exceeding 15 degrees. 2. Any street cut exceeding or approximating one third of a lane shall be extended to half of the width of that lane. 3. Any street cut exceeding or approximating two thirds of a lane shall be extended to half of the width of the road. 4. Any street cut exceeding or approximating two thirds of a road's width shall be extended to encompass the full width of the road. 5. Any new construction or changes made to the existing structures requires prior approval from both Planning and Design and the Public Works Technician/Inspector for the City of Bowling Green. 6. Details regarding methodology are available on request from the City's Engineering Division. 7. Traffic control is the responsibility of the contractor and traffic control manuals are available from the City's Planning & Design Division. 8. As per section 21-4.07 of the Bowling Green City Codes all repairs shall be completely and temporarily repaired to the satisfaction of the Planning & Design Division within forty-eight hours after the work requiring the cut or excavation is completed by the permittee, and permanently repaired within ten (10) days. What constitutes a valid concrete repair? 1. All concrete replacement will be taken to the nearest joint. 2. All curb and gutter repairs require complete replacement of both curb and gutter to the nearest joint. Partial repairs to either the curb and or gutter line only will not be accepted. 3. Sidewalk repairs and replacements requires complete replacement to the nearest joint. Partial repairs between joints or half widths of sidewalks will not be accepted. 4. Details regarding methodology are available on request from the City's Planning & Design Division. 5. Any new construction or changes made to the existing structures requires prior approval from both the Planning and Design Division and the Public Works Technician/Inspector for the City of Bowling Green. 6. Traffic control is the responsibility of the contractor and traffic control manuals are available from the City's Planning & Design Division.