Admin Order 58-22-12-F -- Final ROW Rule R-7.302 and Utility Manual

Home Browse Search

Page 1 of 7 Exhibit B FINDINGS of the City Manager of the City of Eugene in Consideration of Written Submissions Regarding ADMINISTRATIVE ORDER NO. 58-22-12 CONSTRUCTION WITHIN AND USE OF THE PUBLIC WAY ADMINISTRATIVE RULE R-7.302 AND UTILITY MANUAL Comments were submitted by EWEB on May 10, 2022. With regard to those comments, the City Manager of the City of Eugene finds as follows: Question 1: Can the Pedestrian Access Plan be incorporated into the traffic control plan? Finding: Section 2.01.5 Public Way Permit Application and Construction Drawings identifies the requirements for project drawings. The Pedestrian Access Plan, commonly referred to as TPARS (Temporary Pedestrian Accessible Routes) is part of the Temporary Traffic Control Plan. The plan is a written and drawn plan within the TCP that identifies requirement for providing safe, effective and accessible routes for pedestrians through or around the work zone. The detail and complexity of the Pedestrian Access Plan is dependent on a number of factors including work zone location, available accessible routes, length of impact time, and other factors. The Utility Inspector is responsible to determining the level of accessibility required for the specific location. Question 2: For how long are utilities responsible for maintaining surface restorations, and does it extend to cracksealing and potholes in or adjacent the trench patch? Finding: Section 2.02.3 establishes the permittee (Utility Provider) as being responsible for the surface restoration. The responsibility for surface maintenance in an unimproved public way is for one year, and in an improved public way is in perpetuity, until such time as the City reconstructs or overlays the surface. Sealing of trench joints is required at the time of initial restoration. The City has a crackseal program and utility trenches are sealed in conjunction with this ongoing maintenance. However, potholes are typically formed when moisture is allowed to penetrate the subgrade or inadequate compaction occurs in or adjacent the trench line. In an excavation the trench wall is destabilized and can lead to surface failures directly adjacent the trench line. Adequate compaction of the trench and adjacent area is required to minimize the chance of surface failures. Surface failures that occur in or directly adjacent the trench line are the responsibility of the permittee to maintain and repair. Permittees are responsible for proactively tracking, managing, inspecting and maintaining trenches associated with their work until the City reconstructs or overlays the surface. The Utility Inspector may notify the permittee when the City becomes aware of a failure; however, it is the permittees responsibility to manage this activity. It is the