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HomeMy WebLinkAboutOrdinance-1976-0200 - Repeal WR Ord 18 & 131 - Excavation in StreetsIntroduced by Councilman Donaldson ORDINANCE NO. 200 Series of 1976 TITLE: AN ORDINANCE TO REPEAL ORDINANCES NO. 18 AND 131, AND PROVIDING FOR EXCAVATIONS IN THE STREETS, ALLEYS AND OTHER PUBLIC PLACES AND REQUIRING PERMITS THEREFOR AND PRESCRIBING THE CONDITIONS FOR ISSU- ANCE OF PERMITS AND THE FEES THEREFOR AND ESTABLISHING FINANCIAL GUARANTEES TO BE PROVIDED PRIOR TO THE ISSUANCE OF PERMITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Unless otherwise provided in this Ordinance, it shall be unlawful for any person/s, firms, or corporations to enter upon rights-of-way of the City of Wheat Ridge for the purpose of installing water, sanitary sewer or storm sewer lines or taps into any utility service, curb and gutter 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 ordinance. Section 2. 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 No. 14, Series of 1969, are authorized to enter upon the public rights- of-way of the City of Wheat Ridge, Colorado, to make emergency repairs without first obtaining a permit, provided that: such water and/or sani- tation districts and utility companies shall make application for a permit within the next business day in which the City of Wheat Ridge, Colorado offices are open for business. Section 3. Private water companies, whose primary function is to provide water for consumption, are authorized to enter upon the public rights-of-way of the City of Wheat Ridge, Colorado, to make emergency repairs without first obtaining a permit, provided that such private water companies ORDINRNCE NO- 200 shall make application for a permit within the next business day in which the City of Wheat Ridge, Colorado offices are open for business. Section 4: Definitions. 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 SITE OF SIEVE PERCENTAGE BY WEIGHT PASSING SIEVE Type I Type II 100% l 90-100% 3/41' 60-90% 100% 3/8" 45-75% No. 4 30-60% 30-60% No. 10 20-50% 25-50% No. 40 10-300 25-500 No. 200 5-150 5-12100- Liquid Limit 25 Max.* 25 Max.* Plasticity Index 6 Max. 6 Max. *30 Max., if non-plastic. Bearing value and/or stabilometer tests may be required to properly evaluate the quality of the materials. APPLICANT. Any person, firm, district or corporation required by this ordinance to make application for a permit. UNSUITABLE MATERIAL. Soft and yielding material and rock or shale, which will not compact to the specified density when rolled or tamped. CITY COUNCIL. City Council of the City of Wheat Ridge, Colorado. JETTING. The backfilling of trenches over six (6) feet in depth will be accomplished in lifts not (6) feet and water jetted to saturation but not after each lift. After the upper lift has been complete trench shall be water jetted again and for a period of not less than forty-eight (48) the completion of backfill. to exceed six super-saturated placed, the left to stand hours prior to PERMIT. Written authorization by the City allowing person/s, firms or corporations to enter city streets, roads, - 2 - ORDINANCE NO. 200 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. Section S. Specifications - General. 1. To avoid interference with rush hour traffic, the following conditions must be observed in making cuts in improved through streets, bus route streets and main thorough- fares: A. Only one side of the streets in a block may be out 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 Mayor or his designated represen- tative. 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 cuts shall be made in accordance with Section 6, LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC, OF THE STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION adopted by the Colorado Department of Highways on January 1, 1971. D. In the event that differences of opinion should arise between the Mayor or his desginated representative 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 - 3 - ORDINANCE NO. 200 contention is not supported by such professional findings. 2. Responsibility of person/s, firms, districts or corporations making excavations in roads, streets or rights-of- way in the City of Wheat Ridge: A. The person/s, firms, districts or corporations making excavation in the roads, streets, or rights- of-way of the City of Wheat Ridge 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 underground 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 Mayor or his designated representative. C. During the development phase in new sub- divisions while streets are being layed out, constructed and/or surfaced, or while utility lines are being layed 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 Mayor or his duly designated represen- tative. Such authorization shall state the period when such total barricading will be allowed. - 4 - ORDINANCE NO. 200 3. Requests for inspection shall be made at least twenty-four (24) hours in advance except for Saturdays, Sundays, Holidays, or at night, and in this case, a forty- eight (48) hour request shall be made. Section 6. Specifications - Street and Roadway Cuts (Graveled). 1. All excavations made in City streets shall be carefully backfilled and compacted by one of the methods described under SPECIFICATIONS - STREET AND ROADWAY CUTS (PAVED) or by the method described as follows in 1-A: A. Excavated material shall be replaced in the trench in lifts not to exceed six (6) feet and jetted. Each subsequent lift shall be jetted and the upper lift shall be filled to within six (6) inches of the surface and jetted, then left to stand for a period of not less than forty-eight (48) hours, then either completely tamped or thoroughly rolled to get maximum compaction. The trench shall then be filled with base course material and compacted to the surface of the road for its entire width. This upper base course material, regardless of its ultimate depth, shall be compacted to a density not less than that of the adjoining undisturbed earth or installed base material. B. At no time will wet, soggy, frozen, or other unsuitable material, as determined by the Mayor or his designated representative be allowed as backfill. If proper backfill material is not at the excavation site, suitable material must be brought in and un- suitable material removed from the site. C. The entire surface of the roadway, including the area of the trenching, shall be completely restored with gravel and base material at least equal to the original installation. - 5 - ORDINANCE NO. 200 Section 7. Specifications - Street and Roadway Cuts (Unimproved). 1. All excavations made in the City streets shall be carefully backfilled and compacted by one of the methods described under SPECIFICATIONS - STREET AND ROADWAY CUTS (PAVED) or (GRAVELED) or by the method described as follows in 1-A: A. Excavated material shall be replaced in the trench in lifts not to exceed six (6) feet and jetted. The subsequent lift shall be jetted and the upper lift shall be filled to the surface, jetted and then left to stand for a period of not less than forty-eight (48) hours, then either completely tamped or thoroughly rolled to a density not less than that of the adjoining undisturbed earth. B. At no time will wet, soggy, frozen or other unsuitable material as determined by the Mayor or his designated representative be allowed as backfill. If proper backfill material is not at the excavation site, suitable material must be brought in and unsuitable material removed from the site. Section 8. Unless otherwise provided for in this ordinance, the following permit fees and inspection fees shall be paid by the applicant: 1. . A. Street Cuts Basic Permit Fee $50.00 Includes 8 square feet of excavation as required by standard 2' x 4' cut. Additional Fees: All area excavation in ex- cess of basic 8 square foot cut $ .25 per square foot - 6 - ORDINANCE NO. 200 B. Curb and Gutter (and sidewalk if monolithic) Permit Fee $50.00 Plus $.05 per lineal foot C. Cross Pans Permit Fee $50.00 Plus $.05 per square foot D. Sidewalk Permit Fee $50.00 Plus $.05 per square foot E. Street or Road Construction Sub Bas e Permit Fee $50.00 Plus $.05 per square yard Base Co urse 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, Sund ays, Holidays or other hours than norm al working hours: Add 50% to perm it fee. 2. Unless otherwise provided for in this ordinance, 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 excavating, backfilling, constructing curb, gutter, sidewalk, valley gutters, pans, and the building of roads or streets. 3. Unless otherwise provided for in this ordinance, excavating, backfilling, 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. - 7 - ORDINANCE NO. 200 4. As an alternative of the above inspection fee schedule, 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, each operator 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 Engineer will be responsible to the Mayor or his designated representative 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, Colorado. C. It will be required that documentary evidence of a contractural employment of said designated registered Professional Engineer shall be submitted to the Mayor or his designated representative at the time construction plans, profiles, and designs are submitted for approval and prior to the issuance of said permit for construction. Said 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" with the Mayor or his designated representative stating that all work under his charge has met or exceeded all city specifications, regulations and written requirements. ALL EXCAVATION OR CONSTRUCTION PERMITS HERETOFORE ISSUED, PURSUANT TO ANY RESOLUTION OF TIME JEFFERSON - 8 - ORDINANCE NO. 200 COUNTY BOARD OF COUNTY COMMISSIONERS COVERING THE SAME SUBJECT MATTER, AND UPON WHICH WORK HAS NOT YET COMMENCED, ARE HEREBY REVOKED AND NULLIFIED. Section 9. Water and/or saniiation districts as said districts are defined in Chapter 32, Article 47 Sections 101 and 102, Colorado Revised Statu!,es of 1973, and utility companies as defined by Ordinance No. 14, Series of 19697 shall not be required to pay the fees as provided for in Section 8 of this ordinance. Section 10. Unless otherwise provided for in this ordinance, permits issued under provisions of this ordinance shall only be issued when a financial guarantee or guarantees has or have been provided. A release of said guarantee shall be made only on approval of the Director of Public Works, and shall be binding on the City following completion of all required work. 1. The minimum guarantee shall be the sum of Two Hundred Fifty Dollars ($250.00) and the sum of the guarantee shall be for 100% of the estimated cost of the required proper repair to the excavation, including sub-base, base course material and adequate pavement. The cost of installing and maintaining temporary repairs with a cold-mix type asphalt cement shall also be included in the estimate. 2. The guarantee may in any of the following forms: A. Escrow of funds with the City by agreement acceptable to the City Attorney. B. Escrow of funds with a bank, savings, and loan association, or other bona fide lending source with the unconditional right, given to the City to draw on the funds deposited in the event the required repairs are made in any matter contrary to the requirements of this ordinance. (a) Said escrow agreement must be satisfactory to and approved by the City Attorney. (b) Said funds may be used by the City to complete the work or to pay any bills which are outstanding by the permit ee. - 9 - ORDINANCE NO. 200 3. An irrevocable sight draft or letter of commitment in a form satisfactory to the City Attorney which guarantees the City that the financial backing is available so that the required fin- ished repairs will be timely and properly accomplished. the City Attorney may recommend that an option other than the above may be required and may designate other options available under this section as being required in place of this subsection. 4. In computing the estimate guarantee sum required, the Director of Public Works may utilize presentday construction estimates, bids and quotes in computing the guarantee. Further, he may impose a reasonable cost increase factor in his estimates. Further, he may make reasonable allowances for possible emergency or other maintenance of the cut by City forces at rates not less than current construction quotes. Section 11. Water and/or sanitation districts as said districts are defined in Chapter 32, Article 4, Sections 101 and 102, Colorado Revised Statutes of 19731 shall not be required to provide financial guarantees as provided in Section 10 of this ordinance. Section 12. Construction Plans, Specifications and Other Pertinent Documents. 1. That ten (10) days prior to commencement of work for the extension of water mains, sewer mains or construction of storm sewers, the engineering plans and specifications shall be presented to the Mayor or his designated representative for review and study. These plans and specifications shall be approved by the Mayor or his designated representative prior to construction. Section 13. Severability Clause. The provisions of this Code are hereby declared to beseverable,and if any section, provision, or part thereof shall be held unconstitutional or invalid, the remainder of this Code shall continue in full force and effect, it being the legislative intent that this Code would have been adopted even if such unconstitutional matter had not been included therein. It is further declared ghat if any provision or part of this Code, or the application thereof to any person or circumstances, is held invalid, the remainder of this Code and the application thereof to other persons shall not be affected thereby. - 10 - - 11 - ORDINANCE No. 200 Section 14. Penalty Clause. Whenever in this Code or any other ordinance or resolution of the City or any rule or regulation promulgated under the provisions of this Code any act is prohibited or declared to be unlawful or an offense or a misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or any offense or a misdemeanor, where no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this Code or other ordinance or resolution of the City hereafter enacted or of such rules or regulations shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment; in jail not, exceeding ninety days (90) or by both such fine and imprisonment. Every day any violation of this Code or any other ordinance or resolution of the City or any rule or regulation promulgated under the provisions of this Code shall continue and shall constitute a a separate offense. Section 15. Emergency Clause. The provisions of this ordinance are necessary for the immediate preservation of the public health, safety, and welfare of the City for the following reasons: 1. The provisions of this ordinance are necessary for the orderly regulation of street cuts and related matters contained in the ordinance. 2. It is necessary for the City's investment in and pre- servation of the street system. Section 16. Effective Date. This ordinance shall take effect and be in force five (5) days after publication following final passage providing it shall have been passed by an affirmative vote of three- fourths (3/4) of the members of the City Council; otherwise said ordinance shall take effect thirty (30) days after publication following final passage. INTRODUCED, PASSED, ADOPTED AND ORDERED PUBLISHED on first reading this 9th day of _ February , 1976, by a vote of 5 to 0 PASSED, ADOPTED AND ORDERED PUBLISHED ON SECOND and final reading this 8th day of March , 19769 by a vote of 4 to 2 ATTEST: Elise Brougham, it;y G1erk Frank Stites, Mayor CERTIFICATION OF PUBLISHING I. ELISE BROUGHAM, HEREBY CERTIFY THAT ORDINANCE 200 WAS DULY PUB- LISHED IN THE DENVER POST ON THE 18th OF February , 1976 AFTER FIRST READING. I, ELISE BROUGHAM, HEREBY CERTIFY THAT ORDINANCE 200 WAS DULY PUB- LISHED IN THE DENVER POST ON THE 17th OF March , 1976 AFTER SECOND READING. J '44M~ Brougham C Clerk