HomeMy WebLinkAboutOrdinance-1979-0318INTRODUCED BY COUNCILMEMBER DONALDSON
ORDINANCE NO. 318
Series of 1979
TITLE: AN ORDINANCE REPEALING SECTIONS 20-1 THROUGH SECTIONS 20-16,
INCLUSIVE, OF CHAPTER 20, ARTICLE I, OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE, PERTAINING TO EXCAVATION OF STREETS
AND REENACTING NEW PROVISIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Sections 20-1 through 20-16, inclusive, of the Code of Laws
of the City of Wheat Ridge, are hereby repealed.
Section 2. Chapter 20, Article I, Excavations is hereby reenacted as follows:
Sec. 20-1. Definitions. For the purposes of this division, the
following words and phrases shall have the meanings respectively
ascribed to them by this section:
Applicant. Any person, firm, district or corporation required by
this division to make application for a permit.
Base Course. This material shall consist of a foundation course
composed of crushed gravel or crushed stone and filler and shall
be free from vegetable matter and lumps or balls of clay and shall
meet one of the following grading requirements:
Standard size of sieve
1 1/2"
Percentage by weight passing sieve
Type I Type II
100%
90-100°
3/4"
3/8"
No. 4
No. 10
No. 40
No. 200
Liquid Limit
Plasticity Index
60-90% 100%
45-75%
30-60% 30-60
20-50% 25-50%
10-30% 25-50%
5-15% 5-12%
25 Max.* 25 Max.*
6 Max. 6 Max.
*30 Max., if nonplastic. CBR bearing value or stabilometer tests may
be required to properly evaluate the quality of the materials.
City Council. City Council of the City of Wheat Ridge, Colorado.
Director of Public Works. where referred to in this Ordinance,
shall refer to the Director of Public Works or his designated rep-
resentative of the City.
Permit. Written authorization by the City allowing persons, firms or
corporations to enter city streets, roads or rights-of-way for the
purpose of construction, installation and excavation.
Street. A dedicated public right-of-way, which serves or is intended to
serve the needs of residential, industrial or commercial areas of the city.
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ORDINANCE NO. 318
Sec. 20-2. Requirements - Generally. Unless otherwise provided in
this division, it shall be unlawful for any person, firm, or corpora-
tion to enter upon rights-of-way of the City for the purpose of
installing water, sanitary sewer, storm sewer, gas,electrical power,
or communication lines into any utility service, curb, gutter, side-
walk or street improvements of this City without first having obtained
the permits and having paid the fees that are herein established and
without complying fully with the fees, regulations and specifications
of this City which are hereby established by this division.
Sec. 20-3. Same - Exceptions - Water and Sanitation Districts and
Utility Companies.
Water and/or sanitation districts as said districts are defined in
Chapter 32, Article 4, Sections 101 and 102, Colorado Revised Statutes
of 1973, and utility companies as defined by Ordinance 14, Series of
1969, are authorized to enter upon the public rights-of-way of the
City to make emergency repairs without first obtaining a permit, pro-
vided that such water or sanitation districts and utility companies
shall make application for a permit within the next business day in
which the City offices are open for business.
Sec. 20-4. Same - Same - Private Water Companies.
Private utility and water and other utility companies including Denver
Water Board whose primary function is to provide water for consumption,
are authorized to enter upon the public rights-of-way of the City to
make emergency repairs without first obtaining a permit; provided,
that such private water companies shall make application for a permit
within the next business day in which the City offices are open for
business.
Sec. 20-5. Responsibilities.
Responsibility of person/s, firms, districts or corporations making ex-
cavations in roads, streets or rights-of-way in the City of Wheat Ridge:
(a) The person/s, firms, districts or corporations making
excavations in the roads, streets or rights-of-way of the City will
hold harmless the City, the City Council, the City Engineer and City
employees individually from liability for injury to persons or damage
to property resulting from such excavation or backfill of the under-
ground structures or failure to repair street surfaces as herein
provided. They further shall hold harmless the City, the City Council,
the City Engineer and City employees individually from liability for
injury to persons or damage to property resulting from the inadequacy
of barricades, lights or other proper warning devices.
(b) Good practices and standard safety precautions shall be
observed. All excavations will be provided with complete and adequate
barricades by day and adequate barricades and lights by night until
relieved of that responsibility by the Director of Public Works.
(c) During the development phase in new subdivisions while
streets are being laid out, constructed and/or surfaced, or while
utility lines are being laid or installed, authorization may be
granted to totally barricade streets in the interest of public safety,
such authorization to be in writing and approved by the Director of
Public Works or his duly designated representative. Such authorization
shall state the period when such total barricading will be allowed.
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ORDINANCE NO. 318
(d) That ten (10) days prior to commencement of work for the
extension of water mains, sewer mains or construction of storm sewers,
the ennineerinn plans and specifications shall be presented to the
Director of Public Works for review and study. These
plans and specifications shaii oe approved by the Director of Public
Works or his designated representative prior to construction.
(e) When a street is overlayed by the City of Wheat Ridge in a
street paving program, the responsibility of any person/s, firms,
districts or corporations is removed. The City shall cancel and
automatically release any escrows that are on deposit with the City
after a deduction is made from the escrow account or the appropriate
district or company is billed for the cost of stabilization of the
street cut.
Sec. 20-6. Inspection requests.
Requests for inspection to the Department of Public Works shall be
made at least twenty-four hours in advance except for Saturdays,
Sundays, Holidays or at night, and in this case, a forty-eight hour
request shall be made.
Sec. 20-7. Specifications - Streets classified as Local, Collector,
Minor Arterial and Major Arterial and Improved Alleys.
To avoid interference with traffic, the following conditions must be
observed in making excavations in improved through streets, bus route
streets and main thoroughfares:
(a) Only one side of the streets in a block may be excavated
at any one time.
(b) Should operating conditions require opening the full width
of a street at one time, advance approval of the plans for opening
must be obtained from the Director of Public Works. Applicant shall
notify the appropriate fire protection district and the Wheat Ridge
Police Department concerning exact location of street barricades and
dates traffic will be impeded.
(c) All excavations shall be made in accordance with Section 107,
Legal Relations and Responsibility to the Public, of the Standard
Specifications for Road and Bridge Construction adopted by the State
Department of Highways, Division of Highways, State of Colorado, 1976.
(d) In the event that differences of opinion should arise
between the Director of Public Works and the permittees as to compliance
or non-compliance with specifications or these regulations, then such
dispute shall be submitted for arbitration to an independent testing
laboratory or engineering consultant, whose findings shall be binding
upon both. Costs of such arbitration or testing shall be borne by
the party or parties whose contention is not supported by such profes-
sional findings.
(e) In lieu of excavation, tunnel construction may be utilized
if approved upon request by the Director of Public Works.
Sec. 20-8. Same - Backfilling and Compacting - Generally.
All excavations in the City streets, roads, alleys, and Rights-of-way
shall be made to the following specifications:
(a) The excavation shall be made to lines and grades on the plans
and as established by the Engineer. All excavations shall be unclassified
and the contractor or utility company shall be responsibile for and take
any special precautions to prevent damage to all adjacent structures.
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ORDINANCE NO. 318
(b) Surfacing materials such as concrete and asphalt shall be
removed to neat lines and disposed of independently of the underlying
soil; base course and gravels are to be salvaged to stockpile, protected
from contamination and reused for any special backfill.
(c) Grading shall be done as may be necessary to prevent surface
water from flowina into trenches or other excavations, and any water
accumulating therein shall be removed by pumping or by other approved
methods. Shoring shall be placed as may be necessary for the protection
of the work and for the safety of personnel, according to all Federal,
Office of Safety and Health Administration (OSHA), State and local
safety and health regulations.
(d) Trenches shall be of the
for proper laying of pipe, cables,
be as nearly vertical as practicab
where the banks may be sloped to a
the pipe. The extent of such open
City Engineer.
necessary minimum width and depth
etc. The banks of the trench shall
le, except in open terrain areas
depth of one foot above the top of
terrain shall be determined by the
(e) Granular bedding material classified as poorly graded coarse
sand or fine gravel, free of organic or other deleterious substance,
shall be placed in the trench to a minimum depth of three (3) inches
prior to pipe installation so as to insure a continuous uniform barrel
support throughout the line.
(f) Following setting and jointing the pipe sections to line,
grade, and of the approval of the City Engineer or his Representative,
the bedding material shall be placed and consolidated or compacted to
the depth specified (generally to one foot over the top of the pipe).
The material shall be so placed under the pipe and on each side to
insure uniform support under the pipe haunches. Bedding shall be
brought up uniformly along each side of the pipe or cable in such a
manner as to avoid displacement or damage to the pipe.
(g) Where soft, unstable soils, dense shale or rock is encountered
at the normal trench bottom, the contractor shall undercut and dispose
of such materials, to the limits established by the City Engineer,
and backfill the excavation with material approved by the City Engineer.
(h) In dense shale or rock the undercutting shall be not less
than six (6) inches and in unstable soils to not less than twelve (12)
inches below the bottom of the pipe barrel and such excavated material
shall be replaced with acceptable bedding material.
(i) Bedding material shall be placed in eight (8) inch loose
horizontal lifts, then compacted to 95% of maximum dry density as
determined by AASHTO T-180. Puddling will not be permitted unless
approved by the City Engineer.
(j) At no time will wet, soggy, frozen or other unsuitable
material as determined by the Director of Public Works be allowed as
backfill. If proper backfill material which, when compacted, will not attain
95% of maximum dry density of AASHTO T-180, is not at the excavation,
suitable material must be brought in and unsuitable material removed
from the site.
(k) Backfilling of the trench, after the bedding material is in
place and compacted, shall be conducted in a manner to prevent damage
to the pipe or its coating. When backfilling over a flexible conduit,
compaction must be controlled to the extent that elongation along any
axis of the pipe shall not exceed two (2) percent for steel or five (5)
percent for plastic conduits. Tractor drawn tamping equipment shall
not be used closer than eighteen (18) inches from rigid pipe or thirty-
six (36) inches from flexible pipe.
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ORDINANCE NO. 318
(1) Backfilling shall be placed in eight (8) inch loose and
horizontal lifts, then compacted to 951 of maximum dry density of
AASHTO T-180 to a depth greater than twelve (12) inches below final
grade level. In-place density tests shall be made at the direction
of the City Engineer.
Concrete placed in a trench to cradle or encase the pipe
shall be covered with not more than thirty-six (36) inches of
loosely placed backfill material and the concrete then allowed to
cure for a period of five (5) days before the trench backfill is
compacted.
In areas where the trench has been sheeted, for whatever
reason, precautions shall be taken during backfill operations to
solidly fill all voids or cavities behind the sheeting when it is
being abandoned in place, or to solidly fill all voids or cavities
in or adjoining the trench as it is being removed.
(m) A minimum of base course material as specified under
Section 703, COLORADO HIGHWAY SPECIFICATIONS, 1976, shall be placed
over the backfill, compacted to 95% of maximum dry density of
AASHTO T-180, and raised to within three (3) inches of final grade
level. In-place density tests shall be made at the direction of
the City Engineer.
(n) The Base course shall then be covered with hot bituminous
pavement as described under Section 403, COLORADO HIGHWAY SPECIFICATIONS,
1976. Tests for mix content and density shall be made at the direction
of the City Engineer.
(o) Cold bituminous mixes may be temporarily placed as surfacing
material, when approved by the City Engineer, but must be replaced by
a hot bituminous mix as soon as available.
(p) All permanent asphaltic concrete patches shall be maintained
by the permittee or his contractor. All contraction or other cracks
shall be filled with a proper asphaltum product upon need and not to
exceed six (6) months subsequent to surface repair and be completely
seal coated within a period of six (6) months subsequent to the original
repair.
If the line and grade of the patch deviates from the line
and grade of the street surface more than one quarter inch (1/4"),
the bituminous pavement of the patch shall be removed to a minimum
depth of one half inch (112") or one half inch (1/2") below the
maximum deviation, whichever is greater. A tack coat shall be applied
to all surfaces of the depression after cleaning it of all loose
material and allowed to cure. Then spread enough hot plant mix
asphaltic material in the depression to bring it to original grade
when compacted. Thoroughly compact the patch with a vibratory plate
compactor, roller or hand tamps. If hand tamps or other small com-
pactors are used, the surface of the completed patch should be
slightly higher than the pavement. Finally place a sand seal on the
patched area using a tack coat of 0.2 gal./sq. yd. The repaired patch
will remain the maintenance responsibility of the permittee for an
additional twelve (12) months.
Sec. 20-8A. Same - Exception - Utility Companies to read as:
Utility companies as defined in Division 2 will comply with the require-
ment of Municipal Code Sec. 20-19 through Sec. 20-23.
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ORDINANCE NO. 318
Sec. 20-9.
All excavations made in the unimproved city streets, alleys or
right-of-way shall be carefully backfilled and compacted by the
method described in Section 20-8 subparagraphs (e) through (1)
and (m) modified by deleting the words "with three (3) inches of"
in line 4.
Sec. 20-10. Permit and Inspection Fees - Schedule.
Unless otherwise provided for in this division, the following permit
fees and inspection fees shall be paid by the applicant:
(a) Street excavation
(1) Basic permit fee . . . . . . . . . . . . . $ 50.00
Includes 8 square feet of excavation as
required by standard 2' x 4' excavation.
(2) Additional fees:
All area excavation in excess of basic
8 square foot excavation. . . . . . . . . $ .25 per sq.ft.
(b) Curb and Gutter (and Sidewalk if Monolithic)
(1) Permit fee . . . . . . . . . . . . . . . . $ 50.00
Plus $.05 per lineal foot
(c) Sidewalk
(1) Permit fee . . . . . . . . . . . . . . $ 50.00
Plus $.05 per lineal foot
Permit Fee applies only to original, new installations
and does not apply to replacement of damaged and/or deteri-
orated Curb, Gutter and Sidewalk (Sections (b) and (c).)
(d) Cross Pans
Permit fee . . . . . . . . . . . . . . . . . . $ 50.00
Plus $.05 per square foot
(e) Street or Road Construction
Sub base permit fee . . . . . . . . . . . . . . $ 50.00
Plus $.05 per square yard
Base Course permit fee . . . . . . . . . . . . $ 50.00
Plus $.05 per square yard
Surface permit fee . . . . . . . . . . . . . . $ 50.00
Plus $.05 per square yard
(f) Additional fees for inspections made on Saturdays, Sundays,
Holidays or other hours than normal working hours: Add 50% to permit
fee.
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ORDINANCE NO. 318
Sec. 20-11. Same - When payable; failure to obtain permit.
Unless otherwise provided for in this division, all permits and
inspection fees shall be payable in advance of excavation or
construction in the rights-of-way, streets of the City of Wheat Ridge.
The lack of a permit on the job site shall be construed as a valid
reason to require the stoppage of all work in connection with excavat-
ing, backfilling, constructing curbs, gutters, sidewalks, valley
gutters, pans and the building of roads or streets.
Unless otherwise provided for in this division, excavating, back-
filling, constructing curb, gutter, sidewalk, valley gutters, pans
and the building of roads or streets without a valid permit shall
result in the tripling of all fees and inspection costs when the
applicant is operating without such permit.
Sec. 20-12. Same - Exceptions.
Water and/or sanitation districts as said districts are defined in
Chapter 32, Article 4, Sections 101 and 102 of the Colorado Revised
Statutes of 1973, and utility companies as defined in division 2,
shall not be required to pay the fees as provided for in Section 20-10.
Sec. 20-13. Same - Professional Engineers.
As an alternative to the above inspection fee schedule in Section 20-10,
the following procedure is permissive:
(a) That an independent Professional Engineer registered in the
State of Colorado, obtain a permit at a charge of $5.00 per permit,
eachoperation to be covered by a separate permit. (Street cut, curb
and gutter, sidewalk, valley gutter, pans, street or road construction,
would be six (6) operations and would require six (6) separate permits.)
(b) That Professional Enqineer will be responsible to the
Director of Public Works for all inspection and tests necessary
to insure that the applicable work to be done on this project is in
accordance with or above the requirements and specifications of the
City of Wheat Ridge.
(c) It will be required that documentary evidence of a con-
tractual employment of said designated registered Professional Engineer
shall be submitted to the Director of Public Works at the time construc-
tion plans, profiles and designs are submitted for approval and prior
to the issuance of such permit for construction. Such evidence shall
recite that the registered Professional Engineer has complete control
and authority over the work to be accomplished. Immediately upon
completion of work, the registered Professional Engineer shall file
a report including "as-built drawings locating all cuts by dimensions
and house numbers and certified test results" with the Director of
Public Works stating that all work under his supervision meets or
exceeds all city specifications, regulations and written requirements.
All excavation or construction permits heretofore issued, pursuant to
any resolution of the Jefferson County Board of County Commissioners
covering the same subject matter, and upon which work has not yet
commenced, are hereby revoked and nullified.
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ORDINANCE NO. 318
Sec. 20-14. Contractor Guarantee prerequisite to issuance of
permit - Generally.
(a) The Contractor, by acceptancy of the license,
(See Sec. 5-70, Code of Laws.) expressly
guarantees all work done by him for a period of one (1) year from
and after the date of final completion and agrees upon demand to
maintain and make all necessary repairs to the same during the
above period without additional charge or cost to the adjacent
property owners or the City of Wheat Ridge. This Guarantee shall
include all repairs growing out of:
(1) Imperfections or unsuitability of material or
composition;
(2) Defects in workmanship;
(3) Settling of fills or excavations;
(4) Weather;
(5) Any unauthorized difference in the work from that shown
on the approved plans; or
(6) Damage to the work prior to completion of construction.
The Guarantee shall extend to the whole body of the project and the
repairs under it may extend to a total reconstruction of the entire
project, if, in the judgment of the Director of Public Works, based
upon the plans, specifications and good engineer practices, such total
reconstruction is necessary. Any repairs made shall be further guar-
anteed for one (1) additional year from the date of completion and
inspection of the repair.
(b) Thirty (30) days prior to the expiration of the one year
warranty period, the Director of Public Works shall perform a final
inspection of the completed project. The Director of Public Works
shall inform the Contractor of any necessary repairs and after com-
pletion of repairs shall issue a written notice to the Contractor that
the completed project is acceptable to the City of Wheat Ridge for
maintenance. No work shall be considered accepted by the City of
Wheat Ridge until all necessary repairs are complete and the Director
of Public Works has issued a letter of final acceptance.
(c) The determination of the necessity for repairs rests with
the Director of Public Works. When the Director of Public Works has
determined that repairs or reconstruction of any project or part thereof
are necessary based on any of the acts or omissions enumerated herein-
above within the Guarantee period, the action shall be as follows:
(1) Director of Public Works shall by certified mail,
return receipt requested, give notice to the Contractor
of the necessary requirements to bring said construc-
tion into conformance with the plans and specifications.
(2) Should the Contractor dispute the necessity of repairs,
he may request a hearing. This request shall be in
writing to the Director of Public Works within seven
(7) days after the sending of the notice for repairs.
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ORDINANCE NO. 318
(3) Should the Contractor fail to object in writing
within seven (7) days from the date of notice, or
should the Contractor fail to begin the necessary
repairs or reconstruction as required by the Director
within ten (10) days from the date of notice, the
City may proceed to have such repairs or reconstruc-
tion done and charge the cost of the same to the
Contractor. The time to make the necessary repairs
may be reduced by the Director of Public Works when
in the interest of public safety. The time may also
be extended due to the complexity of the project or
weather considerations.
The Contractor shall have thirty (30) days after
formal notification of the cost of the repairs to
make full payment to the City. If payment is not
received within the thirty (30) day period, the City
may institute an action upon the Bond of the Con-
tractor, or may cause to be instituted a proceedings
for the imposition of a lien upon the property of
the Contractor or the abutting owners.
(4) If a hearing is requested by the Licensee, the Director
of Public Works shall set a time, place and date, and
so notify the Licensee. Said hearing date shall be
not more than forty-five (45) days from the date of
receipt of the request for a hearing. The Licensee
shall be afforded a minimum period of seven (7) days
between service or mailing of the order and the hearing.
(5) When a hearing is conducted, the Licensee and other
interested parties may be in attendance. Upon com-
pletion of the hearing, the Director of Public Works
shall take all evidence admitted under advisement,
and shall within ten (10) days transmit the findings
and rulings to the Licensee. The findings and rulings
shall be rendered in writing by certified mail or
personal service, and, if appropriate, shall contain
the date upon which the repair or reconstruction shall
commence.
(6) All mailings shall be to the last known address of the
Contractor as shown on the License. The Contractor
shall be considered notified if the mailing is returned
by the United States Postal Service with the notation
that such mailing is either unclaimed or undeliverable
and the order was addressed to that address indicated
on the license application.
(d) The decision rendered by the Director of Public Works may
be appealed within thirty (30) days by the Contractor to that admin-
istrative body delegated by the code to hear such matters in accordance
with the rules and procedures established by that body. Such body
shall determine, after the taking of testimony of both parties, whether
or not the defect arose out of one of the hereinabove six reasons, and
if such is found to be the case, the Director's initial order shall
stand.
(e) In the event of a hearing, the Director of Public Works may
appoint a qualified member of the Public Works Department to sit in
his place as the hearing official. The final decision shall be render-
ed by the Director of Public Works.
Sec. 20-17, 20-18. Repealed by Ordinance No. 200.
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ORDINANCE NO. 318
Section 3. This ordinance shall take effect 15 days after final
publication.
Section 4. Severability. If any clause, sentence, paragraph, or part
of this ordinance or the application thereof to any person or circumstances
shall for any reason be adjudged by a court of competent jurisdiction
invalid, such judgment shall not affect, impair or invalidate the remainder
of this ordinance or its application to other persons or circumstances.
INTRODUCED, READ, AND ADOPTED on first reading
on this 5th day of February , 1979;
a newspaper of general circulation in the City
Hearing and consideration on final passage set
at 7:30 o'clock p.m., at Council Chambers,
Wheat Ridge, Colorado.
by a vote of 6 to 0
)rdered published in full in
of Wheat Ridge and Public
for February 26 , 1979,
7500 West 29th Avenue,
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of 6 to 0 , this 23rd day of April , 1979.
SIGNED by this Mayor on this day of ,
Y 1979.
y Oliver V. Phillips
ATTEST:
City Clerk Carol F. Hamp
First Publication February 8, 1979
Second Publication May 3, 1979
Effective Date May 18, 1979
Published in Wheat Ridge Sentinel T
Presented to Mayor April 25, 1979
APPROVED BY THE 9FCE (}F) THE ¢ITY ATTORNEY: