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HomeMy WebLinkAboutOrdinance-1995-0987 - INTRODUCED BY COUNCILMEMBER EDWARDS COUNCIL BILL NO. 80 ORDINANCE NO. 987 Series of 1994 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 21-1 THROUGH SECTION 21-100, STREETS AND SIDEWALKS, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Sections 21-1 through Sections 21-100, STREETS AND SIDEWALKS, of the Code of Laws of the city of Wheat Ridge is hereby repealed in its entirety and is hereby reenacted as follows: Article I Sec. 21-01 Definitions Article II 21. 53 21. 54 21.60 21.70 Permits, Generally Requirements Exceptions for Water and Sanitation Districts and certain Utility Companies. Exceptions for private water companies, other utility companies Fees, Generally Permittee Guarantee prerequisite to issuance of permit, determination of necessity for repairs, appeal process Violation; penalty Requirements, Generally Liability for injuries, damage Responsibilities of persons working in the Public Ways Inspection requests Subcontracts Traffic and Access, Generally Construction requirements, Generally Sec. 21.10 Sec. 21.11 Sec. 21.12 21.13 21. 20 21. 30 21. 40 21.50 21. 51 21. 52 1 ARTICLE 1. Sec 21-01. DEFINITIONS. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: APPLICANT means any person required by this chapter to make application for a permit. CITY means the city of Wheat Ridge. CONTRACTOR means a individual, partnership or corporation as defined in Section 5-125. DESIGN ENGINEER means a professional engineer registered in the state and employed by the applicant or under contract to the applicant. DIRECTOR means the Director of Public Works or his authorized representative. DISTRICT means any metropolitan, water and/or sanitation district formed under Title 32, Article I, CRS, as amended. EMERGENCY WORK includes work required to restore broken or plugged water and sewer mains, water and sewer service lines, gas mains or services, cut or defective telephone, electric and cable facilities and traffic signal control lines or other situations as determined by the Director. FLOWABLE BACKFILL MATERIAL: Flowable backfill material shall contain the following ingredients meeting ASTM properties and be mixed in the following proportions: MIX PROPORTIONS LBS/CY OF CONCRETE ingredients Test Method Cement ASTM C-150 42 lbs Sand ASTM C-33 1845 lbs 1" aggregate ASTM C-33 1700 lbs Air Entrainment ASTM C-260 5 oz Water ASTM C-94 39 gal The maximum desirable 28 day compressive strength for the flowfill material is 60 psi to allow for a workable subgrade for future work. PERMIT persons purpose permits imposed means written authorization by the Director allowing to enter city streets, roads or rights of way for the of construction, installation and excavation. Such shall be issued only at such time as all requirements by this chapter are satisfied and all applicable fees 2 imposed in this chapter are paid. PERMITTEE means the holder of a valid permit. PERSON(S) means any person, firm, partnership, special, metropolitan or general district association; corporation; municipal department, company or organization of any kind. PUBLIC WAY means any public street, way, place, alley, sidewalk, easement, park, square, plaza and any City owned right of way or any other public property owned or controlled by the city of Wheat Ridge and dedicated to public use. Any easements dedicated solely for utility purposes shall not be governed by the provisions of this ordinance. SPECIFICATIONS means the current edition of the "Standard Specifications for Road and Bridge Construction" and the M and S Standards of the Colorado Department of Transportation, Division of Highways, as may be amended by the City of Wheat Ridge. STREET means a dedicated public intended to serve, the needs commercial areas of the city. right-of-way which serves, or is of residential, industrial or UNIMPROVED STREET means a street which has not been surfaced with asphaltic or concrete pavement. WORK IN THE PUBLIC WAY shall mean, but not be limited to, construction of streets and all related appurtenances, curb and gutter, sidewalks, driveway openings, bus shelters, bus loading pads, street lights, landscaping and traffic signal devices. It shall also mean construction, maintenance and repair of all underground structures such as pipes, conduits, ducts, tunnels, manholes, vaults, buried cable, wire or any other similar structures located under the surface of any public way, and installation of overhead poles used for any purpose. 3 Article II Sec. 21.10 PERMITS - GENERALLY SEC. 21-11. REQUIREMENTS It shall be unlawful for any person to perform work wi thin the public way of the city for any purpose 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 Article. No permit shall be issued to a applicant until said applicant has been licensed by the city as provided in Chapter 5. This provision shall not be applicable to work performed by City personnel in pursuit of their regular or assigned duties. Contractors working for the Colorado Department of Transportation on State Highway projects will also be required to obtain a permit for that portion of their work which lies outside the right of way of the State. Work performed in the Public Way shall be in accordance with the City's standards and specifications. The State's Contractor's shall name the City as an additional insured on their insurance policies in force for the State contract. SEC 21-12. EXCEPTIONS FOR WATER AND SANITATION DISTRICTS AND CERTAIN UTILITY COMPANIES. Water and sanitation districts and public utilities are authorized to enter upon the public way of the City to make repairs without a permit when emergency circumstances demand the work be done immediately. The person doing the work shall apply to the City for a permit on the first working day after such work has commenced in which the City offices are open for business. Except as provided in this Section, the entities described herein are subject to all duties, fees and requirements of this Article. SEC 21-13 EXCEPTIONS FOR PRIVATE WATER COMPANIES, OTHER UTILITY COMPANIES. Private utility and water and other utility companies, including the Denver Water Board, and Consolidated Mutual Water Company, whose primary function is to provide water for consumption, are authorized to enter upon the public way to make emergency repairs without a permit when emergency circumstances demand the work be done immediately. The person doing the work shall apply to the City for a permit on the first working day after such work has commenced in which the City offices are open for business. Except as provided in this Section, the entities described herein are subject to all duties, fees and requirements of this Article. 4 SEC 21-20 FEES - GENERALLY (a) The fees to be made for permits required by this Article and for inspections made or required by this Article shall be established by Resolution. The current fee schedule shall be maintained by the Department of Public Works and may be examined during normal business hours. (b) street cuts requested for non emergency reasons for work between NOVEMBER 1st and MARCH 15th shall be charged twice the normal permit and inspection fee. (c) When the cost of the work for which the permit is required exceeds five thousand dollars ($5,000.00), a bond, a cashier's check or irrevocable letter of credit in the amount of the estimated cost of such work shall be filed with the Director prior to the issuance of such permit. The bond, cashier's check or irrevocable letter of credit shall be in effect for two years after acceptance of the work by the city. (d) Unless otherwise provided for in this Article, all permits and inspection fees shall be payable in advance of excavation or construction in the public way. The lack of a permit on the job site shall be a valid reason to require the stoppage of all work in the public way except that required by the Director to open the public way to use. (e) Unless otherwise provided for in this Article, work in the public way without a valid permit when the applicant is operating without such permit is a violation of the city Code of Laws. The violator shall be required to obtain the required permit for the work. The minimum administrative penalty assessed shall be either two hundred twenty five dollars ($225.00) or triple the permit and inspection fees, whichever is greater, plus any additional costs incurred for special testing of the completed work. If, in the opinion of the Director, the completed work cannot be adequately tested or was placed not in accordance with the approved plans and specifications, it shall be removed and replaced at the permittee'S sole cost. (f) The Director may waive the contractor's license and its requirements for a property owner desiring to repair their driveway or sidewalk provided that the property owner performs the work personally and upon satisfactory evidence to the Director that the applicant is competent to perform the work. The property owner will be required to obtain a permit and pay associated fees as required under this Article in addition to providing proof of homeowners liability insurance and providing a bond, letter of credit or escrow for the value of the work contemplated under the permit. (g) No permit shall be issued to any person, who, in the opinion of the Director, is not qualified to perform the work in accordance with the street excavation standards and specif ications. Any person who is denied a permit may appeal 5 such denial, in writing, to the Mayor within 10 days of such denial. SEC. 21-30 PERMITTEE GUARANTEE PREREQUISITE TO ISSUANCE OF PERMIT; DETERMINATION OF NECESSITY FOR REPAIRS; APPEAL PROCESS (a) The permittee, by acceptance of the permit expressly guarantees all work done by him for a period of two (2) years 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. This guarantee shall include all repairs growing out of: (1) Imperfection or unsuitability of material or composition, (2) Defects in workmanship, (3) Settling of fills or excavation, (4) Weather, (5) Any unauthorized deviation in the work from that shown on the approved plans and specifications, (6) Work not performed in accordance with the city's standards and specifications. (7) Damage to the work prior to completion of construction, or (8) Failure to clean up during and after performance of the work. The guarantee shall extend to the whole body of the work, and the repairs under it may extend to a total reconstruction of the entire project if, in the judgment of the Director based upon the plans, specifications and good engineering practices, such total reconstruction is necessary to repair defects. It is not necessary that an additional new two year guarantee be provided for subsequent repairs after initial acceptance. (b) Thirty days prior to the expiration of the two year warranty period the Director shall perform a final inspection of the completed project. The Director shall inform the permittee of any necessary repairs and, after completion of repairs by the permittee, shall issue a written notice to the permittee that the completed project is acceptable to the City for maintenance. No work shall be considered accepted by the City until all necessary repairs are complete and the Director has issued a final acceptance. (c) At any time prior to completion of the two year warranty period, the Director may notify the permittee of any needed 6 repairs. Such repairs shall be completed by the permittee within 24 hours if the defects are determined by the City to be an imminent danger to the public health, safety and welfare. Non emergency repairs shall be completed within 30 days after such notice. (d) The determination of the necessity for repairs rests with the Director. When the Director has determined that repair or reconstruction of any project or part thereof is necessary, based upon any of the acts or omissions enumerated hereinabove within the guarantee period, the action shall be as follows: (1) The Director shall, by certified mail, return receipt requested, give notice to the permittee of the necessary requirements to bring such construction into conformance with the approved plans and specifications. (2) Should the permittee dispute the necessity of repairs, he may request a hearing. This request shall be in writing to the Director wi thin seven (7) days of the date on the notice for repairs. (3) Should the permittee fail to object in writing within seven (7) days from the date of the notice, or should the permittee fail to begin the necessary repairs or reconstruction within such time, the City may make such repairs or contract for such repairs to be done and charge the cost of same to the permittee. The time to make the necessary repairs may be reduced by the Director when found to be in the best interest of the public safety. The time may also be extended due to the complexity of the project or weather considerations. The permittee 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 30 day period, the City may institute an action upon the bond of the permittee or may cause to be instituted a proceeding for the imposition of a lien upon the property of the permittee, the abutting property owners or the utility company or district that owned the facility worked on, as appropriate. (4) If a hearing is requested by the permittee, the Director shall set a time, place and date, and so notify the permittee. The hearing date shall not be more than forty five (45) days from the date of receipt of the request for a hearing. The permittee shall be afforded a minimum of seven (7) days between service or mailing of the order and the hearing. (5) When a hearing is conducted, the permittee and other interested parties may be in attendance. Upon completion of the hearing, the Director shall take all evidence under advisement and shall, within ten (10) days, transmit the findings and rulings to the permittee. The findings and rulings shall be rendered in writing by certified mail or 7 personal service and, if appropriate, shall contain the date upon which the repair or reconstruction shall commence. (6) All mailing shall be to the last known address of the permittee as shown on the permit. The permittee 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 permit. (d) In the event of a hearing, the Director may appoint a qualified member of the Public Works Department to sit in his place as the hearing official. The final decision shall be rendered by the Director. (e) The decision rendered by the Director may be appealed within thirty (30) days of the date of notification to the Mayor. The Mayor shall determine, after the taking of testimony of both parties, whether or not the defect arose out of one (1) of the hereinabove seven (8) reasons specified in paragraph (a), and, if such is found to be the case, the Director's initial order shall stand. Sec 21-40. VIOLATION, PENALTY Any violations of any of the provisions of this chapter shall be punished as provided in Section 1-5. Notwithstanding the previ- ous provisions of this Section, the provisions of section 21- 20(d) hereof may, in the discretion of the Director, be enforced pursuant to the terms thereof or pursuant to the provisions of this Section, but not by both. Sec. 21-50 REQUIREMENTS - GENERAL Sec. 21-51 LIABILITY FOR INJURIES, DAMAGE To the extent authorized and permitted by law, the utility district or company shall be responsible for liability for injury to persons or damage to property resulting from installation of its underground structures, or from the repair or failure to repair street surfaces as herein provided. If the utility company or district is conducting the work with their own forces, they shall submit proof of insurance and bond as required in Section 5-125. Sec 21-52 RESPONSIBILITIES OF PERSONS WORKING IN THE PUBLIC WAY Responsibilities of persons performing work in the public ways of the City shall be as follows: 1 Except as specifically limited by Section 21-51, (as relates solely to utilities and quasi municipal corporations), persons making excavations in the public way 8 of the City shall indemnify and hold harmless the City, the City Council Members, the Director and city Employees individually from liability for injury to persons or damage to property resulting from any work performed under a permit including excavation or backfill of underground structures or failure to repair street surfaces as herein provided. They further shall hold harmless the City, the city Council Members, the Director 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. In those instances where indemnification is precluded by law, the entity performing work provided hereunder shall be responsible for its own, or its contractor's or agent's, acts or omissions. 2. Good practices and standard safety precautions shall be observed at all times. All work areas will be provided with complete and adequate barricades by day and adequate barricades and lights by night until the work is complete and/or the persons responsible hereunder are relieved of the responsibility for traffic control by the Director. 3. 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 these streets in the interest of public safety. This authorization will be in writing and approved by the Director. The authorization shall state the time period when such total barricading will be allowed and any special conditions required for closure of the roadways. 4. Thirty (30) days prior to commencement of work involving construction or extension of water mains, sewer mains, storm sewers, curb and gutter, sidewalk, street construction or other above ground or underground facilities, engineering plans and specifications shall be presented to the Director for review. These plans and specifications shall be approved by the Director prior to issuance of a permit for the work included. 5. When a street is overlaid or reconstructed by the City, the responsibility of the permittee is removed. The city shall cancel and automatically release any escrows that are on deposit with the City after any deductions are made from the escrow account or the permittee pays the City for costs related to stabilization of his street cuts. 6. Traffic control plans shall conform the applicable requirements of the "Manual on Uniform Traffic Control Devices," as adopted by the City and state of Colorado. (See Section 21. 60) . 7. The Director must approve all tunnel or bore construction prior to construction. Tunnel and/or bore construction may 9 be required in lieu of open excavation if the Director deems it to be in the best interest of the City. 8. A permit may be revoked or suspended by the Director, after notice to the permittee for: (1) violation of any condition of the permit or of any provision of this Chapter. (2) violation of any provision of any other ordinance of the City or state law relating to the work. (3) Existence of any condition or the doing of any act which does constitute or cause a condition endangering life or serious damage to property. A suspension or revocation by the Director, and a stop work order, shall take effect immediately upon notice to the person performing the work in the public way. The only work permitted after receipt of a stop work order will be that required by the Director to open the public way to use. A stop work order may be issued by the Director to any person or persons doing or causing work to be done in the public way without a permit, or in violation of any provision of this chapter or any other ordinance of the city. SEC 21-53. INSPECTION REQUESTS. Requests for inspections by the Department of Public Works shall be made at least twenty four (24) hours in advance. For Saturdays, Sundays, city observed holidays or at night requests shall be made at least 48 hours in advance. In the event that work is permitted on Saturday, Sunday, at night or City holidays, the permittee will be required to pay to the city any overtime costs incurred by City personnel assigned to observe and test the work being performed during such time. It is the permittee's responsibility to contact the Director to request inspections of the work contained under the permit. The permittee will be responsible for any additional costs incurred by the City for special testing of work performed without such notice and opportunity for inspection. If, in the opinion of the Director, the completed work cannot be adequately tested or was placed not in accordance with the approved plans and specifications, it shall be removed and replaced at the permittee's sole cost. The inspection and/or testing of portions of the work and materials shall not relieve the permittee of any of his obligations to construct the work in accordance with the approved plans and specifications. Work and materials not meeting such requirements shall be made good, and unsuitable work or materials may be rejected, notwithstanding that such work and/or materials 10 may have been previously inspected and/or tested by the inspector. SEC. 21-54 SUBCONTRACTS. When work is performed by an independent contractor for any water and/or sanitation district and/or utility company, the district/company shall provide the permit(s) for all work done in the pUblic way in the City and shall be responsible to the City in all manners as prescribed herein as the permittee. The subcontractor shall be identified on the request for the permit and shall be currently licensed with the City for the type of work to be done. SEC. 21-60. TRAFFIC AND ACCESS - GENERALLY To avoid interference with traffic, the following conditions must be observed in working in the public way. All work in the public ways must have a traffic control plan approved by the Director. The traffic control plan must provide safe methods for movement of pedestrians and motorists through the work zone and a safe area for workers engaged in the construction activity. The traffic control plan shall be site specific unless otherwise allowed by the Director. The traffic control plan shall include the name and emergency phone numbers of the permittee and the permittee'S designated traffic control supervisor. Work shall be conducted in a manner as to not impede traffic. Should it be necessary to restrict traffic in any manner, the applicant shall submit two (2) copies of a traffic control plan to the Director for approval at least seventy two (72) hours before any work commences. The applicant shall not begin any work until he receives approval from the Director. It shall be the responsibility of the permittee performing the work to coordinate all work in the public way with appropriate fire, ambulance, police and transit authorities of the times and locations of any impediment to traffic. When necessary for public safety, the permittee shall employ flag persons whose duties shall be to control traffic around or through the construction site. Flag persons shall be trained in flagging operations and shall be certified. The use of flag persons may be required by the Director as part of the traffic control plan. Unless approved by the Director, the permittee shall not impede rush hour traffic on cOllector/arterial streets during rush hours. No construction shall be performed nor shall any travel lane on these street classifications shall be closed between the hours of 6:30 am to 8:30 am or 3:30 pm to 6 pm without the approval of the Director. 11 As a guide for all maintenance and traffic signing, Part VI of the Manual on Uniform Traffic Control Devices and the CDOT S Standards shall be used. The permittee shall illustrate on the permit the warning and traffic control devices proposed for use during construction. At the discretion of the Director, such warning and control devices may be increased, decreased or modified before and after issuance of the permit. Type I, II and III barricades must be used whenever it is necessary to close a travel lane or sidewalk. Barricades are to be supplied by the permittee. All work shall be barricaded at all times and between the hours of sunset and sunrise and shall be properly lighted and delineated so as to warn all persons. The permittee shall be responsible for furnishing, erecting and maintaining traffic control devices and facilities required by the traffic control plan throughout the life of the permit, including any periods of suspension. Traffic Control Devices other than those which generally inform the public of work zones ahead which face oncoming traffic shall be turned away from oncoming traffic or other wise masked from view during non working hours. Signs which are specific in nature such as lane drop signs, flagman ahead signs, road closed signs and other signs, which in the opinion of the Director are inappropriate for display during non working hours are subject to confiscation by the City. Confiscated signs may be released by the City to the owner after payment of a $15.00 redemption fee for each confiscated sign. Traffic control devices shall not be placed on sidewalks nor shall they block pedestrian access. No permittee shall interrupt access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, val ve housing structures, or any other vital equipment unless permission is obtained from the owner of that facility. Work shall be conducted in a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the permittee shall take appropriate measures to reduce noise, dust and unsightly debris. No work shall be done between the hours of 7:00 pm and 7:00 am nor at any time on Saturday, Sunday or holidays except with written permission of the Director or in case of emergency. All public rights of way and private property thoroughly cleaned up of all rubbish, excess dirt, other debris as the work progresses. shall be rock and SECTION 21-25 SAME EXCAVATIONS, BACKFILLING AND COMPACTING 12 GENERALLY All excavations in the City streets, roads, alleys and rights of way shall be made to the following specification: 1. Excavations shall be made to the lines and grades on the approved plans. The permittee shall be responsible for and take any special precautions to prevent damage to adjacent structures and/or property. 2. Surfacing materials such as concrete and asphalt shall be full depth line cut by sawing, grinding, etc. and removed to neat lines. Areas of concrete or asphalt that are damaged by construction operations, undercut or uplifted shall be line cut and removed for replacement with new pavement material. 3. If prior defects exist at the proposed job site, the Permittee may request a pre inspection prior to work to establish defects for which the permittee will not be held responsible. Otherwise, the permittee will be held responsible for any defects which may have been the result of construction or reconstruction. All areas shall be restored to prior condition or better and all debris shall be hauled from the construction site by the permittee. 4. Backhoe equipment outriggers shall be fitted with rubber pads or other protective devices whenever they are placed on paved surfaces. Tracked vehicles with metal grousers are not permitted on paved surfaces unless specific precautions are taken to protect the pavement surface. The permittee will be responsible for any damage to paved surfaces or concrete curb, gutter and sidewalk caused by the operation of such equipment and upon order of the Director, shall repair or replace such surfaces damaged by work operations. Failure to do so will result in the use of the permittee'S bond or other surety by the city to repair any damages. Pavement striping paint or preformed plastic pavement marking material damaged or destroyed during construction operations shall be repaired or replaced as directed by the Director. Temporary pavement markings shall be placed and maintained by the permittee until permanent markings can be placed. Permittees may obtain preformed plastic pavement marking material from the city for $3.00 per sf, if available. 5. Grading shall be done as may be necessary to prevent surface water from flowing into trenches or other excavations, and any water accumulating therein shall be removed by pumping or 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, occupational safety and health administration (OSHA), state and local safety and health regulations. Ground water shall be disposed of in accordance with State and EPA rules and regulations. 13 5. Trenches shall be of sufficient width and depth for properly completing the work. Surface material shall be removed to a minimum of one (1) foot wider than the trench opening. Minimum trench size shall be 2 ft x 4 ft in asphaltic pavements. Minimum trench sizes in concrete pavements will be determined on a case by case basis. Trenches shall be kept as narrow as possible; however, if the edge of the trench is within 3 feet of the curb and gutter lip, the pavement material shall be removed to the lip of the curb and gutter, unless otherwise approved by the Director. If the edge of trench cut falls on a wheel path in a traffic lane, the trench width or location shall be adjusted to provide a seam that is outside the wheel path. This may also be accomplished by removal of additional pavement material or milling (2 inches deep) the existing pavement so the seam is outside the wheel path. 7. At no material, backfill. time will wet, as determined soggy, by the frozen or other unsuitable Director, be allowed as 8. The use of squeegee material or pea gravel material shall be confined to pipe bedding only. 9. Cuts less than 2 feet wide and/or less than 10 square feet shall be backfilled with flowable fill to the bottom of the existing pavement or the minimum patch depth for the street type, whichever is deeper. cuts that are greater than 10 square feet in area and greater than two feet wide may be backfilled with suitable native materials. Flowable fill may be placed to the surface of the street and used for a temporary patch material until a permanent patch can be constructed. 10. Backfilling shall be placed in eight inch loose and horizontal lifts, then compacted to one hundred (100) percent of maximum dry density, as specified by AASHTO T99, to a depth no greater than twelve (12) inches below final grade level. In place density tests shall be made at the direction of the Director. Clay and silt materials shall be placed within 3% of optimum moisture content as determined by AASHTO T99. Sand, gravel and aggregate base course shall be placed within 3% of optimum moisture. Compaction shall be 100% of AASHTO T 99A (Standard Proctor). 11. Minimum thicknesses of base course and surfacing materials shall be determined in accordance with an approved pavement design methodology. Unless otherwise approved by 14 the Director, the following minimum depths shall apply: CLASS OF STREET FULL DEPTH OF ASPHALT AGGREGATE BASE COURSE LOCAL COLLECTOR 5 INCHES 8 INCHES 3 INCHES 3 INCHES An additional inch of Hot Bituminous Pavement may be substituted for the 3 inches of ABC. Trial mix data for asphalt mixtures shall be Director when requested. All asphalt shall asphalt plants certified by the State Transportation, Division of Highways. supplied to the be supplied by Department of 11. It is the intent of this Article that all work involving disturbances to pavements in collector and higher volume local streets, as determined by the Director, be permanently patched daily as work progresses. Lower volume local streets may be patched at less frequent intervals as determined by the Director. In the event the permittee is unable to permanently repair disturbed paved surfaces because of circumstances such as weather, water line testing or availability of material, a temporary patch of cold bituminous asphalt mix may be placed to provide a smooth driving surface. A permanent hot bi tuminous pavement patch shall be placed as soon as the circumstances which precluded immediate placement abate. Gravel roadbase will not be allowed as a substitute for cold or hot plant mixed asphalt. Maintenance to temporary patches shall be by the permittee at his sole cost. 12. All permanent asphaltic concrete patches shall be maintained by the permittee until accepted by the City. 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. 13. Any patched areas which settle more than one half inch shall be dug out and the underlying area recompacted. The surfacing shall be then replaced to proper line and grade at the sole cost of the permittee. 14. The ride quality of the patched pavement surface shall be as good as or better than that of the existing or surrounding pavement. If the surface grade of the patch deviates from the surface grade of the street surface by more than one quarter inch, the bituminous pavement of the patch shall be removed to a minimum depth of one (1) inch, or one half inch 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 enough hot plant mix asphaltic 15 materials are to be spread in the depression to bring it to original street grade when compacted. The patch is then to be thoroughly compacted with a vibratory plate compactor or roller. If small compactors are used, the surface of the completed patch should be slightly higher than the pavement to allow for compaction. 15. The City has an ongoing rehabilitation and reconstruction program involving slurry seal, overlays and reconstructions of street pavements. Permittees will not be allowed to make non emergency cuts to newly treated pavements without substantial restorative work as detailed below: Slurry Sealed Streets: streets that have been slurry sealed may not be cut for 2 years after the slurry seal has been placed without authorization by the Director. In the event a street cut is allowed, the permittee will be required to pay the city for the cost of reslurrying the full width of the street for the length of the street cut in addition to regular permit costs. Overlays and Reconstructed Streets: streets that have been overlain, in place recycled or reconstructed shall not be cut for 5 years after the top lift of Hot Bituminous Pavement material was placed without authorization from the Director. In the event permission is granted, the permittee will required to patch the trench cut to the existing pavement surface and then mill along longitudinal street cuts at least one lane width and pave the milled material and trench cut area with a self propelled laydown machine. Transverse cuts are to be milled at least one paver screed wide and repaved with a self propelled laydown machine. The pavement shall be milled to at least 1.5 inches below existing pavement surface. SEC 21-61 CONSTRUCTION REQUIREMENTS IN UNIMPROVED STREETS GENERALLY All excavations made in unimproved City streets, alleys or rights of way shall be carefully backfilled and compacted by the method prescribed in Section 21. 60, paragraphs (1) through (14). A minimum surfacing of six (6) inches of class 6 aggregate base course shall be place and compacted to one hundred (100) percent of AASHTO T99. Sec 21-62 through Sec 21-100. Reserved. Section 2. Severabilitv. If any clause, sentence, paragraph or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudge 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. 16 Section 3. Safety Clause. The City Council hereby finds, determines and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this ordinance is necessary for the preservation of health, safety and for the protection of public convenience and welfare. The city Council further determines the the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. This ordinance shall take effect 1 day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to ~ on this 12th day of December , 1994, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for January 9, 1995 at 7:00 o'clock p.m., in the Council chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to~, on this 9th day of Januarv , 1995. ~~ Dan Wilde, Mayor " '-.- APPROVED AS TO FORM BY CITY ATTORNEY <"~.(;ql(l;" r-~' , I,tiA1Jr?,t1!L) / . . - .__1.- '-E.-l./l \/f (l.. ~_ - Kathryn L~ sch~oeder, City Attorney First Publication: Second Publication: Jefferson Sentinel Effective Date: December 22, 1994 January 19, 1995 January 20, 1995 17