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.