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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 Sections 20-1 through 20-16, inclusive, of the Code of Laws of the City of Wheat Ridge, are hereby repealed.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. - 2 - 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. - 3 - - 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. -4- 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. - 5 - 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. - 6 - 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. 7 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. - 8 - 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. -9- 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. - 10 - 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: