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HomeMy WebLinkAbout1992-02-24 92-117 ORDINANCECountn Act on Date February 24,1992 Item No. 92J1I_. Item/Subject Amending Chapter VI, Article 8 of the Laws and Ordinances of the j City of Bangor - Street Openings/Sewer Connections Respanuble Department: jrSiueeving Commentary: The intent of this Ordinance revision Is to update the policy regardirtg street openings and sewer connections, including the upgrading of fees to be consistent with charges made by the Maine Department of Transportation for similar permits. Of special note is Paragraph 4.4, Service Availability Charge, which would establish one-time fees for new sewer entries in accordance with the schedule get forth onPage17. Similar fees are being charged i other communities, which s intended to reflect theoaf eventually having to provide replacement capacity at the Wastewater Treatment Plant. It is recommended that this Ordinance be given first reading, and referred to the Finance Committee for discussion. IMpexm,,n Ne Mentor's Comments:Big - W. �/ d° s::imed Int -ratio . Budget Approval: ae Decrier Legal App novel: Cay S,1..i or IAnOduced For YxFhetgeadmy - Pao _ef_ 92-117 Aeeipwdto Councilor Stone February 24.1992 .�� CITY OF BANGOR (TITLE.) Vlli Asandins.Chapter VI. Article 8 of the Laws and Ordinances of the City of Bangor -- Street Openings/Sewer Connections Be is ordained by W C\a a.aeiloffbe C:a efsan a r. aarwove:.. . THAT Chapter VI. Article 8 of the Laws and Ordinances of the City of- -. Bangor be and is hereby amended as follows: CHAPTER VI ARTICLE 8 - STREET OPENINGS/SEWER CONNECTIONS Sec. 1 Permits. 1.1 Peem48-Regafted. Street Opening Permit It shall be .unlawful for any parson, firm or corporation to tunnel under or to make any excavation vation in any street, alley o other public place in the city without first having obtained a Street Opening Permit town the City Engineer. All permits will be issued i accordance with the provisions of Title 23, Chapter 30Th Subchapter II of the Maine Revised Statutes Annotated. The Permit will be Issued by the City of Bangor Eneineerine Beoartnent. A Standard Construction Detail will be issued with the permit. All work shall conform to the requirements of the Standard Detail. The Permit must be obtained by the Contractor doing the work. Certain streets within the City of Bangor also require a Highway Opening Pernit issued by the Maine Department of Transportation. The Enaineerine Department will maintain a llstlns: of such streets. - In City Council, February 26.1992 refered to appropriate: committee tat reading., "c , 'City 'C1 rk In City Council March 9,1992 Passed as amended by the Following Yee 6 No Vote voting yea Baldacci,Blanchetce.Braea.Cohen Praukel,Sawyer.Saxl,Soucy.Stone Amended by reference to memo dated March 9,1992 Nemo Attached City Clerk 92-111. ORDINANCE of S 9 4� CITY OF BANGOR. MAINE Engineering Department MEMO March 9. 1992 To: City Council and City Manager From: James D. Ring, Acting City Engineer Subject: Council Order 92-111. Amending Chapter VI. Article 8 of the Laws and Ordinances of the City of Bangor - stceet openings/Sewer Connections Based on discussion at the March 3rd Municipal operations Committee. I would propose that Council Order 92-117 be amended by substitution as fellows: 1. On Page 5 delec4.4 rvice Availability Charge in its entirety, kLajrd1JeCa Pa a 1] tritely which was the proposed schedule for sewer availability charges. 2. Replace Subsection 8.1 Replacement of Defective Work with the new Subsection 8.1 attached, which includes an additional paragraph providing aone-year guarantee period for defective work. Contractors who fail to comply with this provision would be denied future street opening permits in accordance with. Section 2. Ic is felt that this approach will provide the City additional protection against defective work without further burdening the property owner from the additional cost of perfoEast new bonds, etc., which the Contractor would pass directly to the'bome own Enc. 92 -Ill 1.�2 Sewer £nSFyconnection Permits All new re plat ent sanitary or storm sewer connections to bit' main. ms hell be subject to all of the regulations set forth hereinafter relative to private utility connections, except that prior to the issuance of said permit, the payment of any outstanding assessments for the city sewer construction will be required in addition to the c_-___ app, qg permit fee. 1.#3 11:rr6er.=asnt Limitations No Street Opening Permit will be issued between December tat in any one year and April 1st in the following year except for an ewerema emergency. Permits issued between November 1st and May let of the following ill be assessed a Winter Maintenance Fee. The .contractor shall perform any work requiring t' ti th Cit und 1 weekdayworking h (].30 to 5.00) less an emergency sltuab on qri th Th pit reserves the rant to bill the contractor for additional inspection casts for inspectionst 'tle these hours. 1h C t ctor shall schedule work within the street to oitl ruin hour traffic whenever possible. -2- Sec. 2 Skill Required All work in connection with the excavation and backfill of any opening in a public way shall be performed only by approved contractors or by the forces of the particular utility concerned. Adequate equipment shall be employed so as to expedite the completion of the work, and proper construction methods shall be used, as hereinafter described. The contractor doing the work shall show proof of adequate insurance coverage before a permit is issued. Contractors with a work history of two unset iafactorY similar t street opening or sewer connection projects within the previous eighteen months wi11 not be lsaued a street opening or sewer connection permit. Sec. a -- ty a$ %l,g gl,qimane Inspection of Work Required All work in connection with street openings and sewer connections will be subject to the inspection and approval of the City Engineer or his authorized representative. The Engineer al ;; will decide as to the adequacy of the materials to be used, extra safety precautions which may be required to protect the public, and the scheduling of the work to be performed. Except as lie sinaF%e- we No backfilling operations shalt be allowed prior to the examination of the work by the Engineer. The Contractor shall provide timely notification to the citen order that inspection services can be Schad ledor the appropriatetime. The permit form will contain the necessary instructions to the Contractor. -3- Sec. 4 Applicant's Responsibility for Street Openings. 4.1 Openings by Utility Companies Utility companies will be required to obtain separate permits for each street opening. The utility company shall be responsible for performing all backfill operations, including the replacement of roadway gravel and temporary patching of the surface. The utility company may also replace the permanent surface pavement, and in such cases no charge will be made for the street opening permit. If the utility company desires that the pavement be relaid by the city, then a Charge will be made for each permit issued, in accordance with the schedule contained in Sec. 4.3 herein, to cover the cost of the pavement replacement by the city. weer oips-at4ons as that inspeetioi esi be made The City reserves the right to inspect the work undertaken by Utility Companies. and to charge an inspection fee according to Lha bchedule of Charges in Sec. 4.3. 4.2 Private Connections Any person, firm, or corporation desiring to open any portion of a public way for the purpose of installing, repairing, replacing, examining, or attempting to locate any private utility connection must first obtain a permit from the City Engineer. Prior tothe issuance of said permit, the applicant shall pay to the City Treasurer of Bangor an amount to cover the cost of the replacement of the paved surface, inspection services, and a Winter Maintenance fee where applicable In accordance wrtTFtTie schedule of charges contained herein. The applicant will be responsible for all work except the replacement of the paved surface. No backfilling shall be allowed without the prior examination of the work by the City Engineer's representative. Trenches backfilled without the Engineer's approval will be subject to the corrective work outlined in Sec. 7.1 herein. -4- 4.3 Schedule of Charges for street openings and Sewer Corrections. The amount to be paid for a street opening/� � connection permit will be based pupon avement the cCityl Engineer's EEtfmate Of the quantity of pave w replacement, 1 inspection fee at the following applicable unit charges: Type of Repair Required Unit Cost » Bituminous ace) �'�'6000e0 per 0 i B t concrete base fi0.00 pa vd. d lk le ) 50 00 �� -' -y.dv Curb (Asphalt only) -2,89 10_00 per lin. It. See winter Maintenance Fee 0 00 er sg. vtl. inspection Fee '0 00 each Emergency permits issued during the winter months will require an additional paymentto cover the cost of temporary surfacemaintenance b the City until the patch can be replaced with the permanent surface In the spring• Ft the=t' ng ted street Waring will be 6' wide b 12' long, ;qU�alllng8squara yards. The actual opening will be measured by a representative of the City Engineer. If the actual area Of the Opening is greater than the estimated area, the additional charges will be billed. Conversely, underrun6 of more than ��"} twenty five dollars ($25.00) will be refunded. -5- 4.3 Schedule of Charges for Street openings and Sewer Connections. The amount to be paid for a street opening/5e— connection permit will be based upon the City Engineer's estimate of the quantity of pavement which will require replacement, Plus an inspection fee at the following applicable unit charges: Type of Repair Required Unit Cost �'. Pei tie 4 Bituminous concrete (surface) R.AA 50_00 per sq. yd. Bituminous pavement On concrete base 80 00 per sq yd. S�d lk (B s) 50.00 per sq. yd. Geld -Pate __ Curb (Asphalt only) e.99 10_00 per lin. ft. Winter Maintenance Fee 10.00 oer sq, yd. Inspection Fee 30.00 each Emergency permits issued during the winter months will require an additional payment to cover the coat of temporary surface 6aLching maintenance bthe City until the patch can be replaced with cn� perman;nt surface in the spring, -la29-pn) F It th t'mated atY6et opening will b 0 6 12' ion a% Fn9 8 square yards. The actual opening will be measured by a representative of the City Engineer. If the actual area of the opening is greater than the estimated area, the additional charges will be billed. Conversely, underruns of more than a a d5lla ($1.R9) twenty five dollars ($25.00) will be refunded. 4.4 Service Availability Charge ew connections CO the 58 n1t8r sewer s Stem N111 be assessed292Z1 b'1 t Car a to cover Treatmenal ly t P1 t p 't rase rvetl for new service wate R connecreatmtiq The establ,she0 Charge is $1.40 per anon US Bt d tl unit charges for vem ous ty es of establishments will be m rnLalned by the City Englnsef. -5- Sec. 5 Procedures for Excavating and Backfilling 5.1 Protective Measures It shall be the duty of every person cutting or making an excavation in or upon any public place, to place and maintain barriers and warning devices necessary for the safety of the general public. The barriers and warning devices shall awtha-lzed -------'-t ' conform to the requirements of the latest edition of the Manual of Uniform Traffic Control Devices. Appropriate measures shall be taken to assure that during the performance of the excavation work, traffic conditions a normal as possible shall be maintained at all times sows to minimize inconvenience to the occupants of the adjoining property and to the general public. If it becomes necessary to close the street to traffic to permit the work, prior approval of said closing shall be obtained from the City Engineer. The Contractor shall be responsible for notifying the Bangor Police and Fire Departments Concerning Lha closing. The work shalt be conducted in such a manner so as to prevent damage to adjacent property and should such damage occur, the property shall be restored to its original condition, as directed by the City Engineer. The amsmit -9 excavated materials shall be placed in a location so as not to endanger those working in the trench, pedestrians or users of the street. It shall be the Contractor's responsibility to comply with the latest OSHA regu rements that may apply to the work. -6- 92-11] 5.2 Excavating. It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor. Prior to any excavation work all surface pavement shall be cut to full depth by an approved method. Proper bracing or shoring shall be maintained to prevent the collapse of adjoining ground, and dw-exp, wtiwmt the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface. Care shall be taken so as not to damage existing any pipes,cables, or conduits in the making of such excavations or tunnels, and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the city department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. No unnecessary damage or injury shall be done to any tree or shrub or to the roots thereof. 5.3 Backfilling Whenever a permit has been issued for a street opening or sewer connection. and the excavation has been made, the trench pr opera ng snail be backfilletl with the same material that was removed from the trench to within one foot of the existing pavement, except as may be hereinafter provided.. N i t 1 t stones reater than 6" di ametershall be present in the backfill. REP 1 t 12 d th match existin base depth. whicM1ever is greater. with Awa. gravel ^ ent nformina to the latest Maine Departmof Transportation t' S ecificat ion for ravel base. If a permit is Issued during the wintertime and the excavated material freezes, this frozen material shall not be replaced in the trench but shall be removed from the area and disposed of and the excavated area backfilled with a unfrozen material similar to that removed to within 12 inches of the surface. I£ the material excavated contains too much moisture for proper compaction, it shall be removed and replaced with suitable backfill material. -7- 5.4 *&mein@ Compacting gackf ill All backfill" shall be thoroughly •--mer compacted by equipment designed specifically for that Purpose. The first 5 inches of fill over the a structure or pipe in the trench shall be Mand-tamee4 co acted. The balance of the backfill shall be EkeFen9A-0-ytamped -ands placed in 42--irwp lavers not exceeding 12", and thoroughly compacted. Puddling of the backfill will not be permitted e:aapt. All material excavated from the trench shall be replaced in the trench except for the amount which may be displaced by the use of gravel for the tap IP 9 installation of gravel base. All backfill shall be compacted to meet at least 90 percent of total compaction as measured by the Proctor test. S+D 92-11] Sec. 6 Replacement of Surface. 6.1 Hot Asphalt Paving on Rigid Base When an opening is made on a street where the -aurtase- base is cement concrete, premixed eunfas, ¢egg of tar or asphalt or granite block on a concrete base, the base material eenef,t shall be cut back at least 6-12 inches beyond the edges of the trench after the backfilling has been completed and before the new senefat, Permanent patch is se6aacad placed. The City Engineer, at the time the permit is issued, will specify whether the base is to be replaced with cement concrete or a full depth structural bituminous concrete patch. reinfersing steel shall he furnished � A� vthe sonarste 4n the hnew le't�h 'hall ho at least Hiphan aha .= ec__ _te sa tew conefeLe-ekeg-l-ba be "-e " l t,a.r,.r—for-,ist au Pwod S�MQR us Put no -tq qg BE 99 ."all ho -9- 92-117 6 1 01 Replacement with Rigid Cement Concrete Base When cement concrete is to be used to replace the excavated base material, all reinforc no steel encountered when removing the cut back concrete shall not be cut off but retained and used to tie in the reinfo rcine in the new concrete patch Reinforcing shalt be furni shetl in the area to be patched, to provide the equivalent of 94 reinforcing bars on 12 inch centers each we Mhere granite blockis encountered unser the Dituminoua paving, these blocks shall be removed and the area replaced with cmerit concrete in accordance with the requirements Ofthis section. The thickness of the concrete Placed shall be a minimum MTA 6 inches or a ual to th depth of the ist no base whichever is greater. The to surface of the cement concrete base shall be finished Co allow the p acement o4 e 3 rich D Luminous Concrete wearing surface. Cement concrete to be used shall be read -mix t e F i h early strength, concrete and shall be laced in accordance w th t e Maine CBParLment of Transportation Stentlartl 5 ecif icationa 9or Hi hwe s and Bridges, latest etl tion. Reinforcing steal shall be free of oil rust, and all tleletef cus materials when placetl. Cement concrete shall be protected from all traffic for a minimum of 8 hours. After the cement concrete has been placed and before the Permanent bituminousf t 1 d th tin bitum cus surface shell De cut Deck an additional 4 inches onallaides with a Pavement saw, and the cut edges of the bituminous paving and all axpoaeg Cement concrete 6urfac shell be painted with asphaltic liquid before theenew bituminous paving is pieces. Bituminous avi ng shall De erforwd in accor once with MDOT Standard Boecificettons for Highways and Bridges. -lo- 92-117 6.1.02 Replacement with Structural Bituminous Concrete Base When a full depth bituminous concrete patch is to e lace LFe excavatetl concrete base the concrete base s sil be cut back a minimum of 12 inches beyond the 25'2s tl a of the trench after backfillin has been cpm feted an0 sore t e new b Luminous base is placetl. The thickness of the bituminous concrete base snail be a minimum of B inches. The top sur ace o t e ltuminous concrete base shall be tinianed to allow placement o 3 inches of bituminous concrete wearing surface. Bituminous concrete base shall be Type 8 (Binder) 08VGmGOt p18cGtl 8ntl Compacted in 2 inch layers i tlih the Maine De t t f T t t' btantlard bpecificati ons for Highways end Bridges latest edition. After the bituminous base has been placed and before the permanent bituminous wearing surface (type C pavement) 1 Ced tM1e existin bituminous surfaCe shall be cut back an additional 4 inches on all sides with a Pavement saw no the cut edges of the bituminous paving and all bit case surfaces shall be painted with an as naltic li uid before the new bituminous paving is pl acetl Bituminous paving shall be pa rformetl i accordancewith MDOT Standartl b f t� f n Highways and Bridges. -11- 6.2 Bituminous Paving on Flexible Base When a street opening permit is issued on a street which has been constructed for heavy traffic and has a bituminous surface without a cement concrete base, the same amount of gravel —rock shall be replaced in the trench as is removed when the excavation is made where this material exceeds the 12 inch depth H specified in Sec. 5.3. all 9-- 94 t'- dqo, painted With an asphalt a After the gravel base has been placed and before the permanent bituminous wearing surface (type C Dayement) is D ac, the existing bituminaua surface shall be cut back an additional S inches on all sides with a pavement saw, and the cut etl ea shall bepainted with an asphaltic 1 Du d before the new bituminous avin is Dlacetl bituminous paving shall be Performed i accordance with HOOT Standard SDecifications for . Highways and Bridges -12- 92-117 6.3 Temporary Surfacing Fetqql -, qqj w, ,d 4d this temperary patch el -11 Fig IFt I the fell, 4ig )Sar when the pe-manen� matap a' RR Seen ng the �4,19411 no ham hPPR GGmpl-t-d en�Lveen—We—ald� penetrating through the joint. 19 a4l cases i@ s -e a, Rwr4a 4ent shall be squared up The contractor to whom a Street Opening Permit has been ssuedshall Provide a temporary patch of the street opening Immediately aft the trench has been backfilled end compacted according to the reguirementa contained in Sec. 5.3 and 5.4. The temporary patch shall be ma using premixed bituminous material (Col patchlwhich shall remain in lace until the permanent patch has been installed by the City. A Winter Maintenance Fee shall be added to all Street Opening Permits issued between November 1 antl May 1 of the following year to cover maintenance costa Qthe temporary patch during the winter months. 6.4 Restoration of Other Areas The Contractor shall restore all areas of disturbance Including stone curb esplanades, gravel surfaces including shoulders sodded areas, Shrubbery, fencing, ditches etc to the condition prior to construction. -13- 92 -Ill Sac ]. Sewer Connections to City Mains. All work relative to connecting a Aeusa-sawec building drain or yard drain to a city main shall be performed by an approved contractor, only under the direct supervision of the City Engineer or his authorized representative. eery. The contractor shall furnish all materials and devices necessary to make a Prover water Light connection -to the r or storm drain in accordance with the Citv's Standard Construction Details and approved by the City Engineer or his authorized representative. If the city main is damaged or broken by the contractor Sue-Le-saFe3esswess, then the damaged or broken section of main will be removed and replaced by City crews, and the costs of said work will be billed to the applicant. Any tap to a public sewer or storm drain shall be made and the connection device as die) Installed in the presence of the City Engineer or his authorized representative. Connections to manholes, wetwelis, or other structures Shall ba proh_b ted unless approved by a representative of the City Engineer, If 'approval is given, the structure must be cored and a water tight boot installed at the location indicated by the City Engineer. -14- sec. 8 Penalties 8.1 Replacement of Defective Work If any part of the work specified above relative to repairing of filling the trenches or excavations shall be unskillfully or improperly done, the City Engineer or his representative may direct that the work be re -excavated and replaced in a proper manner, or that other corrective action shall be taken to properly repair the trench and the pavement surface. If the applicant does not repair the defective work within '. ee - twenty four (26) hours of notice, then the City Engineer w� act to have tfie work performed by the city, and the applicant shall pay a penalty equal to the whole of said expense incurred by the city, with as- 44t' a surcharge of 50 percent. Thereafter, upon completion of the work and determination of the cost thereof, the City Engineer shall issue no permit to the applicant until he shall receive, in addition to the fees provided, the amount of the penalty as by this section provided and determined.. The Contractor shall be responsible for the work and shall holtl the city harmless from any claims resulting Prom the work The provisions of subsection 8.1 shall remain in effect until one ear a ter permanent trent avement hae been 8.2 Violations Any person, firm or corporation who shall dig or make an excavation in any portion of the public way, or make connection to a public sewer or storm drain without rat obis ling a permit, or w o having o netl such permit shall disturb a greater area of surface than specified in such permit, may be pmisled bj assessed a fine ofa hundred dollars ($100.00) for each offense. -15- 92-1U Sec. a penalties 8.1 Replacement of Defective Work If any part of the work specified above relative to repairing of filling the trenches or excavations shall be unskillfully or improperly done, the City Engineer r his representative may direct that the work be re -excavated and replaced in a proper manner, or that other corrective action shall be taken to properly air the trench and the pavement surface. ,If the applicant does not repair the defective work within ethos-�ais twenty four (24) hours of notice, then the City Engineer will act to have the work performed by the city, and the applicant shall pay a penalty equal to the whole of said expense incurredby the city, with men a surcharge of 50 percent. Thereafter, upon completion of the work and determination of the coat thereof, the City Engineer shall issue no permit to the applicant until he shall receive, in addition to the fees provided, the amount of the penalty as by this section provided and determined. The Contractor shall be responsible for the work and shall hold the City harMIGSgfrom any claim from the work. 8.2 Violations Any person, firm or corporation who shall dig ormake n an excavation i any portion of the public way, or make connection to apublic sewer or storm drain. without first obtaining a permit, or who having obtained such permit shall disturb a greater area of surface than specified in such permit, may be awicked--hy assessed a fine of 1w- t # - kona hundred dollars ($100.00) for each offense -15- 92-117 SERVICE AVAILABILITY CHARGES The City of Bangor's new Secondary Wastewater Treatment Plant will be completed at the end of 1992. The plant cost is projected to be $26,000,000.00, including design, construction, legal costs, engineering, and administration. This calculates at approximately $1.40 per gallon of capacity. Reserve capacity has been incorporated into the design of the facility. It is proposed that new users of the sewer system be charged a fee based on the amount of the reserve capacity that will be used, said fee to be termed a Service Availability Charge. The following table lists several categories of sewer users, the standard guide for water use in design, and the proposed Service Availability Charge based on the treatment plant c_epacity_cost of $1.40 per gallon. - TYPE OF ESTABLISHMENT WATER USE UNIT FEE Residential Average single family 'unit 0 $420 Apartment Complex or Mobil Home rrk (Per Uni�8) ` 223 $313 �f -Motel / Hotel (Per Unit) 1.', 76 $105 \ Hospital (Per Bed) V4 300 $420 Other Institutions (Per Bed) \i� 4� 123 $175 Places of .Public Assembly (Per So" 10 $14 \\� l\ Restaurants (Per Seat) 35 $49 _ / Schools, boarding (Per Student) 75 $105 Schools, day (Per Student) 25 $35 Airports (Per Passenger) 5 $] Laundry, self service (Per Machine) 400 $550 Shopping Center (Per 1000 sf floor area) 250 $350 Stores (Per toilet room) 400 $550. Theaters (Per Seat) 3 $4 Campsites, RV with hookups (Per Site) 100 $140 Offices and Factories (Per Worker) 15 $21 Industrial Processes (Per 1000 gallon) 1000 $1,400 -17-