Public investments on roadways matter: road cuts (inquiry to the City)

When the City issues a utility company, a Road Cut Permit, the expectation is that the road’s previous conditions will be reinstated adequately and not degraded.

However, work, such as the recent work that took place on Rideau Street near Charlotte Street, by Telus, the road was cut in a trench, work was complete and the road was minimally re-instated, rather negatively impacting our recent investments along Rideau Street.

Infrastructure preservation and reduction of infrastructure degradation has been on the mind of Transportation Committee members recently. In 2021, the City spent $41.2M on asphalt surfacing on its streets.

As Road Cut permits are issued and completed there seems to be a pattern of degradation of City infrastructure.

1. What does the City do to ensure that infrastructure is replaced in a previous or better condition?

The Road Activity By-law requires that all road cuts be reinstated in accordance with City of Ottawa standards. These standards are the same requirements placed on contractors working on behalf of the City and are set out in the Standard Tender Documents for Unit Price Contracts. In the context of Road Cut Permits, the most commonly applicable standard that applies to utility trenches is the R10 City standard. This standard is reviewed annually through the City’s Standards group to ensure that the specification is adjusted to match industry standards. Additionally, staff have the delegated authority under the Road Activity By-law to require a broader resurfacing of a road cut than that otherwise required under the R10 standard. In 2019, staff set clear, consistent criteria for when a broader resurfacing is required in the context of development. Report ACS2021-PIE-RHU-0028, which was before Transportation Committee on November 1, 2021, described further resurfacing criteria for road cuts associated with utility works. Beginning January 1, 2021, staff require all road cuts within one metre of a curb or roadway edge be resurfaced to the curb or roadway

edge. The broader resurfacing of all road cuts into asphalt roadways that are three years or less will also be required. This broader resurfacing helps to address the surface rideability of the reinstatement.

To ensure road cuts are reinstated in accordance with the Road Activity By-law, the City inspects the work before it is accepted.

Following the reinstatement, Road Cut Permit holders must submit a Road Cut Completion Report which triggers the inspection of the work. If deemed acceptable the two-year warranty period begins. During this time, the Road Cut Permit holder is responsible for repairing any issues with the reinstatement. Just prior to the end of the warranty period another inspection is undertaken to ensure the reinstatement is in a state the City can accept.

In addition to this, the City collects Pavement Degradation Fees. This fee is established on a per square meter calculation of the trench. It is understood that even with the reinstatement of the road cut to City standards there will be a reduction in the lifecycle of the roadway because of the road cut. This amount is added to the annual road resurfacing budget for the City. Going forward there will be additional recommendations for larger resurfacing of longitudinal cuts. As part of this review the City has reviewed its current process and that of other municipalities and together with current legislation to develop a road cut resurfacing policy that will capture recently paved roads to implement a broader resurfacing on asphalt surfaces new and old by removing key aspects of known issues of degradation. In reference to the recent utility work undertaken at the corner of Rideau Street and Charlotte, the Right of Way Inspector has confirmed that the road cut was reinstated in accordance with the City’s R10 specification and is acceptable. There will not be a larger resurfacing as part of this work.

2. How are communities and councillors’ offices informed of planned work from utility companies when the cut involves a major section on a main street, such as Rideau Street, which has numerous bus routes and is within a BIA catchment?

Planned utility projects within the City’s right of way require Municipal Consent from the City. When applications for planned utility projects are received, the Ward Councillor is circulated for awareness. At this time, the Ward Councillor may make inquiries to staff related to work proposed.

Municipal Consent approval is valid for six months, during which time the applicant must also apply for a Road Cut Permit. Pursuant to the Road Activity By-law, under which Road Cut Permits are issued, applicants are required to provide notice to adjacent residents at least two working days before the work is scheduled to occur.

For planned works requiring either the temporary closure of a road, the rerouting of buses, the closing of a sidewalk with a detour, or where work is anticipated to last longer than seven days, notice must be provided to adjacent residents as well as the Ward Councillor ten working days before the work is scheduled to occur.

As part of the notification provided by the utility, a 24/7 contact number must be provided to field questions from residents or the Ward Councillor.

Should the work also require a temporary road closure, Ward Councillors are notified of the closure and planned work through the associated temporary road closure application circulation.

a. What can a Community and Councillor’s office require from this engagement?

The community and Councillor’s Office can provide staff with concerns, which will be relayed to the utility companies involved to address.

3. What is the City’s standard for resurfacing roads and sidewalks after a road cut for utility work?

All utility cut reinstatement or trench restoration of roadways must follow Drawing R10 per the Ottawa Standard Tender Documents. Sidewalk restoration must follow other relevant standard drawings including (but not limited to) SC2 through SC6. In addition to City specific documents, utility contractors are required to follow applicable Ontario Provincial Standard Specifications & Drawings (OPSS & OPSD) to restore other affected infrastructure (e.g., guardrail). A list of the City of Ottawa relevant drawings & the latest revision date is shown below:

R10 Standard Trench Reinstatement in Paved Surface, March 2021 SC2 Monolithic Concrete Curb and Sidewalk, March 2021
SC3 Concrete Curb and Gutter with Sidewalk, March 2021
SC4 Typical Concrete Sidewalk in Boulevard, March 2016

SC5 Sidewalk Construction Joints, March 2016
SC6 Pedestrian Curb Ramp Without Boulevard, March 2016

4. What standards are in place to ensure this work does not create a degradation to City infrastructure?

The City of Ottawa’s R10 standard requires the permit holder to reinstate the trench to match the existing road construction. In addition to this the permit holder is responsible for the road cut under a two-year warranty to address differential settlement and asphalt quality. Inspection and warranty periods will be further enforced with the attritional staff and PDF’s applied to road cuts will better equip City resurfacing budgets to handle repairs. Please see additional information to this question in question 1 response.

5. Why does the City accept trench cut reinstatements? (The trench approach seems to be prioritized by utility companies as a technique to minimize equipment use, but which has most impact on degrading our infrastructure)

The City does not mandate a particular method of installation. Utility companies are best positioned to determine the method of installation based on their infrastructure, the site conditions (including the extent of existing underground infrastructure within the area), and cost.

Regardless of the method of installation used, the City mandates that reinstatement be in accordance with City Standards, and as noted above, inspections are undertaken to ensure compliance. Notwithstanding this, where site circumstances dictate, Provincial requirements, or the City itself may mandate a certain method of installation. This could include the need to expose other infrastructure (“daylighting”) when installing near gas infrastructure, or trenching near infrastructure such as critical watermains, to ensure their protection.

The City issues the Road Cut Permit and encourages the permit holder to use trenchless technology or alternatives to open cut excavation. This is the preferred method of construction for utility companies, and it is typically less costly. The City cannot direct how the work is completed due to technology restrictions and legislative requirements around excavation near utilities. For example: a utility company must daylight (open cut) when they are crossing a gas main).

6. What are the clear criteria as to when staff will require a broader resurfacing in the context of development?

As part of a development application the City reviews the proposed cuts in the roadway. In a situation where the developer proposes 3 cuts or more, the City will request a larger resurfacing to incorporate all the cuts within 12 meters of each other. November 1, 2021, staff brought forward a report on the Road Activity By-Law Phase 2 update. Included with this update staff outlined new criteria that sets out additional requirements for a larger resurfacing in the following context:

1. This will include extending the resurfacing to any road cut that is within 1 meter of the curb line to the curb line. This requirement is required for all ages of the roadway.

2. For all road cuts permits issued for an asphalt roadway that is 3 years or less the entire lane must be resurfaced.

7. What does the City do to ensure that the infrastructure is replaced in its previous or better condition?

a. Considering also the road experience, how does the City limit:

1. Uneven asphalt patches in the driving lane that align with a vehicle’s wheelbase (creates noise/vibration, increased swerving, vehicle damage, etc)

2. Proximity of several road cuts (resulting in vibrations, rumbling, etc)

3. Poor quality asphalt work that does not bind or blend with the City’s roads (Resulting in segments that are ununiform and quickly degrade)

Please refer to previous answers regarding the enforcement of the City of Ottawa’s R10 standard and resurfacing policy.

8. Does the City review the conditions after the Utility company has completed its work and if it is not properly done what are the consequences to the company?

Yes, as part of the Road Activity By-Law update in 2019, the City introduced the requirement for the Permit Holder to submit a Road Cut Completion Report. Once submitted the City’s Right of Way Inspector complete a mandatory inspection of the Road Cut to confirm that it meets the City’s standards. Once accepted the Permit Holder’s two warranty begins. If it is not accepted the Contractor must address any deficiencies until the Inspector accepts the reinstatement. In situations where the contractor repeatably does not meet the City of Ottawa standards the City has the authority to restrict issuing road cut permits to this contractor.

9. If the work is subpar, does the City request the Utility company fix their work?

a. What tools can the City leverage in order to ensure a neutral or positive impact on infrastructure following their work?

Please see answer in question 8

10. Does the City have plans to ensure that moving forward, utility companies won’t degrade our City’s infrastructure and that the reinstatement meets the residents’ and City’s expectations for its infrastructure (shave the full lane; repave the lane; tar-

lining those edges)? If so, what are they?

The City continually works with the utility companies to coordinate work and minimize the road cuts in the City’s Right of Ways. Staff will also be monitoring the implementation and compliance with the expanded resurfacing criteria being introduced beginning January 1, 2022. Additionally, staff will be reviewing opportunities to further expand the applicability of these criteria to older pavements, principally through the renegotiation of Municipal Access Agreements as well as through discussion with the City’s Utility Coordination Committee.