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HomeMy WebLinkAbout2004-06-14 04-175 ORDINANCEItem No. a L75 Date: June 14, 2004 Item/Subject ORDINANCE, Amending the Street Code, Chapter 271, Article VII, Street Openings and Sewn Connections § 271-29 through 1271-36 Responsible Department Engineed" Por referral to Transportation & Infrastructure Committee (TIC) meeting of Tuesday, June 22, 2004 The City's Street Opening Ordinance and permit application has not been changed for a number of years. Over the years, issues and problems have arisen. The problems a ermnced are in Contractor notification and quality of the backfill work. Public Woft' crews are not always available due W heavy workloads to make permanent repairs and W do the final pavement. Staff has developed recommendations that would improve the situation. Changes being proposed are: PemR fees for both contractors and udlitles, dig safe permit number before Issuance, proof of insurance due annually, finished pavement repair will be done by the contractor. Staff has briefed the T[C about the need m make changes to the Ordinance, which was followed by a meeting with area contractors. The attached Ordinance reFlec4 the input received from these meetings and includes provisions for addressing the areas of concern. Department eed Manager's Comments: J � Dtl Clry manager Associated Information: Ordinance Finance Director Legal Approval: GrySolicdor Introduced for Passage X First Reading Page _ of _X_ Referral to Transportation & Infrastructure Committee June 22, 2004 04 -ns 1 Assigned to Comwilor cashvcll Jove 14. 20" AA CITY OF BANGOR (TIRE.) Ordinance, Amending the Sbdpat Code, Chapter 271, Arfide VIL Street Openings and Sewer Connections § 271-29 Through § 271-36 - Be,& ordaGeadby Che Chy ofeam�Or, as fol/aws, That The Sheet Code, Chapter 271, Article 01, § 271-29 through § 271-36, be amended as follows: ARTICLE VII, Street Openings and Swsw- ti Connections §271-29. Permits required. A. Shunt opening permit. It shall he unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or paper public place N the city without first having obtained a street amusing permit from the City Engineer$ DewrMeit. All pennits will be issued in accordance with the provisions of Title 23, Chapter 307, Subchapter 11 of the Maine Revised Studer Armistead. (1) The permit will be issued by the City of Bangor Engineering Department. (2) A smndmd construction detail and Instructions for the Contractor will be issued with the ymnit. All work shall conform to the requirements tithe eandand detail and Instructions to the Coreacmr. (3) The permit must be obtained by the contractor or CElty Company doingthewok. (4) Carbon streets within the City of Bangor also require a highway opening permit issued by the Maine Department of Transportation. The Engineering Depamment will maintain a lisfingofsuch streets. B. Sewer mid storm drain connection permits. All new or replacement sanitary as sewer or atmrm drain connections to city mains shall be subject to all of the regulations set foM hereinafter relative to private utility connections, except that priorto the issuance of said permit, the payment of any outstanding assessments for the city sower construction will be required in addition to the permit Re. C. Limitations. (1) No most opening pmmit will he issued between December l in any one year and April in the following year except for an emergency. m Clxr C 11 Turfy 12, 2004 Notion Naae and Seconded for Passage Vote: N yen Cawcilors voting yes; Allm.] Cmheall. D'Errico. Farrington Gmcelck. Greene. Palmer S hem&le Passed ��ZEQs' p 04-175. O6DIDAICB gr,TLEj}Aaeaaiag. the..gcreer cone.. Gbapcer 271, tiee. p Toonectioos 271,29 through 271-36 cue M-175 (2) Pamirs' . 'll require the h time as a remimentrapir can his made. (3) The conimctm shall pmbarm any work requiring inspection by the city during normal weekday working hours (7:30 a.m. to 5:00 p.m.), unless an emergency situation requires otherwru. The city ---- es -i wwr_II bill the connector for additional inspection costs fm inspections outside these hoursaccoMmme with Ne f«schedule heroin. (4) The contractor shall schedule work within the snout to avoid rush -Mur traffic whenever possible. (5) Prior to obtaining a Strict Opennk fermi from the Che the Contractor shall provide the City with a Di Safe Number. The Contractor will also for connecting Utilities not participating in the "Die -Soh program § 271-30. Contractors. A. All work in connection with the excavation and backfill of any opening in a public way shall be Terfomaed only by approved connamore or by the forces a the particular utility concerned. Adequate equipment shall be employed so as in expertise the completion of the work, and proper construction methods shall be used, as hereinahr described. B. The contmetmdoingthe work shall show proof of adequate insurance coverege before a permit is rssued. C. Contractors with a woA history of two unsatisfactory similar type street opening or sewewtil'N connection projects within the previous 18 months in the opinion of the City Enaimmm or bovine an outsmndo i balance related to a previous suxet opening amid[ will not be issued a most opening or vwow-rinection permit. § 271-31. Inspections. A. All work in connection with strect openings and sower-up'IiN connections will be subject W me inspection and approval of the City Engineer or his or her authorized representative. The City Engineer will decide as N the adequacy of the materials W be used, more safety precautions which may be required to protons the public and the scheduling ofthe work to be performed. No backfilling operations shall he allowed prorto the examination of the work byfle Engineer. B. The com'erbor shell provide timely notification w the city in order that inspection smvices can be scheduled fpr the appropriate time. The permit form will cousin the mxassmy instructions to the contractor. § 271-32. Street openings; schedule of charges. A. Openings by utility companies. (1) Utility companies will he required to obtain separate permits for each street opening. The utility company shall be responsible for performing all backfill operatimu, including the replacement of roadway gravel, amd company any patching of the surface�d3Ao-wiXq I mutant may sign wiplecethe permanent surface pav em_,�tasWrger 2 e. it q , mem ; LL- Utility companies will pay an annual fee of $500 fm all Street (factors permits ' FaleadarcaleMa (2) The city reserves the right m inspect the work undertaken by utility companies and to charge an inspection ftt according ro the schedule of charges. Private connections. A Contractor rearmemne Aany peraon, ftm or empotmion desiring to open any portion of a public way for the purpose of installing, repairing, replacing, examining of attempting to locate any private utility connection most first obom a parrot foto due City Engineer. Prim to the issuance of said permit the applicant shell pay to the City Tmawcm- of Bangor an amount to cover the cost of inspection services accordance with the schedule of charges contained herein. The applicant will be responsible for all work, exaept-inclvdine tnnpmury anent and def the permanentpaved surface. No backfilling shall be allowed without the prior examination of the work by the City Enginee/s represapt&iw. Tranches backfilled without the Engineer's approval will be subject to the corrective work outlined in § 271-36A herein. C Schedule of charges for Met openings and sews ulicv connWime. (1) The amount to be paid for a street opening/seweeuti� connection panic will be based upon N fold inspection raa aohedmp' Standard permit Fee x6000 Weekend Work Permit Fee $210.00 "After the Fact"Permit Fee 5420.00 Additional Insppsaign' is Acultal' Expense Pirs established City Overhead Fates U(1'iv Company Permit Fee $50000 annually § 271-33. Excavating and backfilling. A. Protective measures. (1) It shall be the duty of every person coding or making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for Me safety of the general public. The barters and warning devices shall conform m the requirements of Its latert edition of the Manual of Uniform Traffic Control Devices. (2) Appropriate measures shall be taken to assure that, during the performance of $e excavation work, traffic conditions as normal as possible dull be maintained at all times as to minimize inconvenience to the occupants of the adjoining property and to the general public. If it becomes necessary to close Me streat to traffic In permit the work, prim approval of said closing shall be obtained from the City Engloeer. The contractor shall be responsible for notifying the Bangor Police and Fire Departments concerning the closing. (3) The work shell be conducted in such a manna so as m prevent damage to adjacent property, and should such damage occur, the property shall be restored to ifs original condition, as directed by Me City Engin. The excavated materials shall be placed in a location so as not to endanger more working in the trench, pedestrians or users of the street. (4) It shall be the mntactor's responsibility to comply with the latest Occupational Safety and Health Administration (OSHA) requirements mat may apply to Me work. B. Excavating. (I) If shall be unlawful to make any such excavation or =net in any way contrary to or at varunee with the mans of Me permit therefor. (2) Prior to any excavation work, all surface pavement shall be cut to full depth by an approved method. (3) Proper bracing An shoring shot[ be maintained to prevent Me collapse of adjoining grounds, and Me excavation shall not have anywhere below Me surf any portion which extends beyond Me opening at the surface. Care shall he taken so as not to damage existing pipes, cables orconduits in Me malcmgof such excavations or turmels, and notice shall the given to Me persons maintaining any such pipes, cables or conduits, orto the city department or officer charged with Me care thereof, which are or may be endangered or affxted by Me making of any such excavation or tunnel before such pipes, cables or conduits dull be disco ted. No unnecessary damage m injury shall be done An my tree or Mmb or to Me occur thereof. (IMP -175 C. Backfilling. (I) (})—Whenever a Permit has been issued for a stmet opening or seweFutuu connection and the excavation has Ivan made, the trench or opening shall he baekAll, A e Itse.a —is ------- - --- A p J-4-backrillod in accordance with the details issued with the Pismit (2) Plowable Fill will In requiredf backfill of mone, beachesd oproures withinh zame f as or stowns,conditions deterninsuid by Me CitY premium when the remit is' sued. (])(3) No organic m menal, pavement or stones greater than six inches he diameter shall be present in the backfill. j Renter, ing to -0eplarst MaineDepar-bas%dof TraMehavmin specter, with gavel conforming to the 18Un Maine Depertmeut of Transportation specification for gravel base. (4)L) If a pevnit is issued duringnsfiouen backfill will not be allowed in the trench. E; 12 afar (3U6 If the material excavated contains too much moisture for proper compaction, it shall In removed and replaced with reverse backfill material. D. Compacting hackfill.(sot applicable where fiowable fill is used) (1) All ball shall he thoroughly compacted by equipment designed specifically for thin purpose. (2) The fir six inches of fill over the discount or pipe in Me trench shall be compacted. The balance of the backfill shall be placed in layers not exceeding 12 inches and thoroughly compsww& (3) Puddling of the backfill will not he permind. (4) All material excavated from Me trench shall be replaced in Me trench, except for Me amount which maybe displaced by Me installation agravel base. (5) All backfill shall be compacted to meet at leen "% of mind compaction as measured by the prWor test. § 271-34. Replacement of aewiee surface. A. Hot asphalt paving on dgid base. Wben an opening is made on a street where. Me base is cement winners, premixed hese of In or asphalt or gramme block on a concrete base, Me base material shall be cut back at lean 12 inches beyond Me edges of the minch after Me backfilling has been completed and before Me new permanent patch is placed. The City Engineer, a Me time the 5 04-1]5 permit is issued, will specify whether the base is to be replaced with cement concrete or a full depth stranual bituminous concrete patch. (1) Replacement with rigid cement concrete base. (a) When cement concrete is to be used to replace the excavated base material, all reinforcing steel encountered when removing the cut back concrete shell not be cut off but retained and used to tie in the reinforcing in the new concrete patcb. Reinforcing shall be furnished, in the area to be pamush to provide the equivalent of No. 4 reinforcing bars on twelve -inch centers, each way. Where granite block is encoumered under the bituminous paving, these blocks shall be removed and the mea replaced with cement con xeme in accordance with the requirements oftbis section. (b) The thickness oftbe conerete placed shall ha a minimum of six inches or equal to (c) The rap surface of the cement concrete base shall be finished to allow the placement ofathreo-inch bituminous concrete wearing surface. (d) Cement concrete to be used shall be ready -mix conformive to m d a1Ra440 placed in accordance with the Maine Department of Transposition (MDOT) Standard Specifications fee Highways and Bridges, latert edition. (e) Reimbursing steel shall be flee of oil, rust and all deleterious materials when placed. (t) Common concrete shall be protected] from all traffic for a minimum ofeight horns. (g) After the cement concrete has been placed and bef the permanent bituminous wearing surface (type C pavement) is placed, the existing bituminous surface shall be out back an additional fear-4]_inches on all sides with a pavement saw, and the cut edges of the bituminous paving and all exposed cement concrete surfaces shall be painted with anaspRekiaFq Igituminous tack before the new bituminous paving is placed. Bituminous paving shall be performed in accordance with MDDT Standard Specifications for Highways and Bridges. (2) Replacement with structural bimmlnous concrete base. (a) When a full depth bituminous oanown, parch is to replace the censuamd concrete haze, the concrece base shall her cut back minimum of 12 inches beyond the edges of the trench A" backfilling has been completed and before the new bituminous base is placed. The thickness of the bituminous concrete base shell be minimum of six inches. The top surface of the bituminous concrete base shall be finished b allow placement of three inches ofbituminces concrete wearing sardine. (b) Bituminous concrete base shall be `., esu/"HMA (binder) pavement placed and compacted in two-umb layers in accordance with the Maine Deportment of Transportation Standard Specifications for Highways and Bridges, latest edr ms. rl 04-125 (c) After the bituminous Use has been placed and before the permanent bituminws wearing surface 3B" H.MA is placed, the existing bituminous surface shall be cut bunk an additional four inches on ph aides with a pavement saw, and the act edges of the bituminous paving and all exposed bituminous base surfaces shall be painted withen-azpimltio-liquid-binuninous lack before the new bituminous paving is placed. Bituminous paving shall be perforated in accordance with MOOT Standard Specifications for Highways and Bridges. B. Bituminous paving an flexible base. (1) When a shunt opening permit is Issued on a street which has been constructed for Keary traffic and has a bituminous surface without a cement concrete base, the same amount of gavel shall be replaced in the trench as is removed when the excavation is made where this material exceeds the twelve twernv-onef211-inch depth as specified in § 27I -33C. (2) After the gravel base bas been placed and before the pemwnearrt bitumirwus wearing surface R5y,Gjm aw A) aplacd, the existing bituminous surfaze shall be em back an additional eiggt-5_gfY ]2 inches on all sides with a pavement saw onviltive machine. and the cat edges shall be painted with F mplwk 11, � bituminons tack bef the new bituminous paving is placed. Bituminous paving shall be performed in accordance with MOOT Standard Specificarions for Higbiways and Bridges. C. Tempwery ped nennenem surfacing (1) The container to wbom a meet opening permit bas been issued shell provide a temPomry patch col tch) runcrallY Within24hours iwmeAiewly after the trench Us been backfilled and compacted according to the requirements remained In § 221-33C and D. (2) The temporary patch shall be made using premixed bituminous material (coldicuch), which shall remain in place until the permanent patch has been installedJy-tkeeiw. (3) 1, up eraac� p ash deep nii 4, v saw Within thlm (30) calender dais from the data of trench backfill but no later than November 1 the Contractor shall provide Permanent pavement renlacenrent in accordance with & 221 34 A or B. and the derail sheet provided with the Petnit. For emeraencv winner work the permanent tend repair nest be completed by lune 15. D �. stwafionofother press. Tha convactw shell reasons all arais ofdisturbance,including stone curb, esplanades and gravel surfaces, including shoulders, sodded areae, shmbbery,hearing, ditches, M., be the condition prior 0 construction. E Watrmta. The Coutractor or Utility dell carted env deficiencies in the trench or pavement for terod of one 01 vew from completion ofthe work begrudged by this permit § 271-35. SemclJj,JI'ry eonneniaer. 04-1]5 A. All work mhative to connecting a building drain or yard drain to a my main shall be, performed by an approved connector, only under the direct supervision of the City Engineer or his or her authorissd representative. B. If the city main is damaged or broken by the commc[oq than the damaged or broken section of main will he removed and replaced hyrAgerews at w cost to the Cdv by the Contractor under me sumr✓sion of the City lemineer s rmresmuvfiva, I let Haeeb C. Any tap to a public sewer or storm drain shall be made and A -en eoo or yg4 connection device (saddle)installed in the presence of the City Engineer or his or her audmrived representative. D. Com ections to manholes, wet wells or other structures shall he prohibited "less approved by a representative of the City Engineer. If approval is given, the structure must be cored and a watertight boot installed athe location indicated by the City Engineer. § 27I-36. Violations and penalties. A. Replacement of defective work. (1) If any pat of the work specified above relative to repairing or filling the trenches or excavations shall he unskillfully or improperly done, Ne City Engineer or his or bar representative may direct that the work be accustomed and replaced in a proper manner or thb often corrective anion shall be taken to properly repair the trench and the pavement surface. (2) If the epplicem does not repair the defective work within 24 hours of notice, then the City Engineer will act to have the work performed by the city, and the applicator shall pay a penalty equal to the whole of said exp raw incurred by the city, with a surcharge of 509si. No additional oermis will bo issued m the Contractor until this cost has been olid (3) "Thereafter, upon completion of the work and determination of the cost thereof, the City Engineer shall issue no permit to the applicant until he or she shall receive, in addition to the fees provided, the amount of the penalty as by this seetion provided and determined. (4) "Tice contractor shall be responsible for the work and shall hold the city hmness from any claims resulting from me work. B. Violation. (1) Any person, firm or corporation who or which shall dig or make an excavation in any portion of the public way or make corm ation to a public sewer or storm draw without first obtaining a permit easheRea Ibgdlbe required topayan"After the Face Permit Fee of$42000.. (2) Add [ onally any Person,firmrconversation who violates the Provisions of this Member may be o nished uponconviction, by a fine afoot less than $100 for each offense Each day shall constltr re a sat amtt offense Such fine may be leered against mile -the eroaapawAaer-cmntmclmr.