HomeMy WebLinkAbout3632 AN ORDINANCE amending sections of ~~0
Ordinance Ho. 2547 relating to and
regulating the construction; install-
ation and excavation in public properties
for any utility system.
THE CITY OF BREMERTON DOES ORDAIN:
SECTION 1. Subsection 2 of Section 3 of Ordinance
No. 2547 is hereby amended to read. as follows:
Construction or Construct Shall mean constructing,
laying, maintaining, testing, operating, extending,
renewing, removing, replacinG, repairing of any
underground system.
S~C~IO~ 2. Section 7 o~ Ordinance ~o. 254~ hereby
amended to read as follows:
/
The permit and inspection fee for work on public
property shall be Twenty-Five Dollars ($25.00)
for excavatin~s which do not exceed ~tenty-mive
($ feet in length and Ten~Cents:::
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AN ORDINANCE amending sections of
Ordinance No. 2547 relating to and
regulating the construction; install-
ation and excavation in public properties
for any utility system,
THE CITY OF BREMERTON DOES ORDAIN:
SECTION 1. Subsection 2 of Section 3 of Ordinance
No. 2547 is hereby amended to read. as follows:
Construction or Construct Shall mean constructing,
laying, maintaining, testing, operating, extending,
renewing, removing, replacing, repairing of any
underground svstem.
SECTION 2. Section 7 of Ordinance No. 254~/is hereby
amended to read as follows:
/
The permit and inspection fee for work on public
propert!~ shall be Twenty-Five Dollars ($25.00)
for eXcavatin~s whiCh do not exceed Twenty-~ive
(25) lineal feet in length and Ten;~Cents¥~ .
(.10¢) per foot for each addi~Lonal foot. exceedin~
.Twenty-Five (25) lineal feet. This schedule sha~l
apply to each separate project acCordin~ to p]/a~s
filed with the City Engineer.
SECTION 3. Section 8 of Ordinance No. 25~7~ is hereby
amended to read as follows:
/
Before a permit as herein provided shall be issue~,
the applicant shall execute an~. deliver to the
city and file with the City Engineer a bond in
the sum. of mwentv-Five Th6Usand Dollars ($25,000.00),
or such additional amount as the City Engineer deems
to be necessary for each bond~, for each complete
working unit ("spread") under construction in a form
to be approved by the City Attorney, and with a
surety (or sureties)i approved, conditioned that
the permittee will comply with all of the provisions
of this ordinance, and that the applicant will keep
and save harmless the city from any and all. claims,
liabilities, judgments, costs casualty, accident,
or damages and expenses arising from anv negligence
of such permittee on account of any act which he ,may
do or suffer to be done or omission of said permittee
in the performance of said work under said permit,
or which may be done by any of his agents, servants,
or employees, or which may arise from any negligence
of himself, his agents~ servants, contractors, or
employees, or any of them, in obstructing or in any
way disturbing any private or public properties, or
by reason of the violation of anv of the provisions
of this ordinance. Provided, that said bond shall
only be required of electric and telephone utilities
when they place wires underground. The City Engineer
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shall determine the number of units ("spreads")
and number of bonds needed at any one time. The
permittee shall also indemnify and save harmless
the city from all suits and actions of ever~
description brought against the city for or on
account of, any injuries or damages received or
sustained by any person by ~eason of failUre to
erect and maintain the required guards, barricades,
or signals, Provided further, %hat in case the
act or acts permitted under such permit necessitate
for any purpose the cutting into or under, any
public properties'~in the city, said bond shall
be conditioned that the person, firm, or corpor-
ation applying for, and acting under sai~ permit
shall replace thsportiOn .thereOf affected thereby,
and shall restore the same at its expense to as
good or better condition within the time specified
by the City ~b~ineer~ and further conditioned, that
~he permittee will maintain Such public properties
so restored for a period of two (2) ~.~ears from and
after such restoration. Settlement w~th~n the two
(2) year perio~ mentioned in this section shall be
considered conclusive evidence of defective back-
filling by the permittee. Acceptance of the work,
and the release of the same, shall not prevent the
city from making claim against the permittee for
any uncompleted or defective work if the same is
~iscOvered within two (2) years from the date of
such release. The fact that an inspector was
present during the progre~ss of any construction
shall not ~elieve the permittee from responsibility
for defects discovered after<'the comp!etion of the
work. The permittee shall also maintain in full
force and effect with an insurance company satis-
factory to the city 'the following:
(1) Bodily injury liability insurance,
~ith limits of $350,000.00 for each person
injure~ by reason of the work for which the
permit was issued, and $1,000,000.00 for
· ~ each occllrre~ce.
(2) Property damage liability insurance,
with limits of $250,000.00 for each accident
and $1,000,000.00 aggregate.
· The permittee shall also comply with all the
Workmen's Compensation and safety laws of the State
of Washington and as hereafter amended., and shall
file a Workmen's Compensation Insurance Certificate
with the City Engineer when the permit is i~ued.
SECTION 4. Section 9 of Ordinance No. 25~7 is hereby
amended to read as follows:
/
City Engineer to Be Notified. Sai~ Dermi~
shall be ~ssued in quadruplicate and the City
Engineer shall transmit forthwith one copy there-
of to the Chief of the Vire Department, one
copy t~ the City Clerk, and one cop~ to the City
Traffic Officer.
The Permittee shall give twenty-four (24) hour
written notice to the City Engineer before it makes
any opening in public properties for installations
in excess of one hundred (100) feet and/or for
initial major construction. Before it commences
to backfill any opening of public properties, it
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shall give two (2) hour notice to the City
E~gineer and obtain his approval.
The permittee shall give written no%ice
of the opening and back filling of public
properties to any corporation whose pipes,
poles, mains, or conduits are laid in the
street if it knows of their existence and
that they will be disturbed by such excav
ation, 'at least twenty-four (24) hours before
commencing the same, and shall, at his
expense, replace and pack the earth where-
ever the same shall have been removed, .
loosened, or disturbed, under or around them,
so that they will be well and substantially
supported.
When any work done un~er a permit issued
by the Inspector is completed and ready for
inspection, the person to whom the permit has
been issued shall, within twenty-four (24)
hours after completion of said work, notify
the Inspector in writing that the same has
been completed and is ready for inspection,
and the Inspector shall cause said work to
be inspected within a reasonable time there-
after. Any delay in giving written notice
to said officials as required herein shall
ren~er the permittee liable to a penalty of
One Hundred Dollars ($100.00) for each day of
such delay, and he also shall be liable for
· all damages done or suffered by the city or
any person, firm or corporation caused by such
delay and the bond provided for herein shall
stand as security.for such/Jpenalty and damages.
SECTION 5. Section 10/O~dinance No~~ is
hereby amended to read as folloW: ~/
Barricades, Signs, Lights and Cones. In .~.
case any public properties shall be dug up,
excavated, undermined, cut, disturbed, or
'obstructed, or any obstruction placed, thereon,
the person causing the same Shall erect and so
long as the said condition exists, and any
danger may continue, maintain around the said
portion of the public properties a good and
sufficient barrier, watchman, guards, barriCades,
signals, signing such as ,'Construction", "No
" and "Detour", lighting
Parking", "Street ~losed ,
and such other safeguards as may be required, at
all unSafe places on the work at his own expense
to-protect persons and property from injury,'all
of which shall be approved by the City Engineer.
He shall also cause to be maintained securely
and conspicuously posted, during every night from
sunset to daylight, around and at each end of
such obstruction, an approved flashing light at
his own expense. If the excavation is ten (].0)
feet or less long, one such light shall be main-
tanned; if it is over ten (10) feet long but less
than fifty (50) feet, such lights shal], be maintained
on every twenty-five (25) feet or Dart thereof
for longitudinal cuts, but sUch lights shall be
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maintained at six (6) foot intervals for ~
transverse cuts: Provided, that during the
nighttime or during the daytime when 'due to
climatic or other causes the visibility is
less than one hundred fifty (150) feet on
twenty-five (25) mile per hour streets and
three hundred (300) feet on thirty-five (35)
mile per hour streets, the permittee shall
maintain sufficient flashing lights to warn
of the barricaded excavation. The permittee
shall provide adequate warnin~ signs and devices
in a position of maximum effectiveness. The
minimum requirement for warnina signs when
necessary shall be a set of advance warning
signs placed on all primary approaches to the
work at a minimum distance of f~u~ hundred
(400) feet, but as required by best visibility3
sufficient signs and markers in the immediate
vicinity of the job shall also be maintained..
Flags shall be placed around at each end of
obstructions at intervals of not more than sixty
(60) feet alon~ the entire course of the excav-
ation. Special care shall be exercised to orevent
vehicles, pedestrians, and livestock from fallina
into open trenches or being otherwise harmed as
a result of the work. Wherever in the course of
the work temporary fences are reauired either for
the protection of livestock or an? other reason,
it shall be the permittee's responsibility to
provide the material and construct such fences in
a manner satisfactory to the City Engineer. Upon
completion of the work, fences so constructed, shall
be removed bv the permittee. ~henever oub!ic
properties are to be closed to traffic for a
definite length of time or for a oeriod of time
as directed by the City Engineer, the permittee
shall completely barricade each of the public
properties leading to the improvement with barriers.
It shall be unlawful for any person to tamoer wish
lawfully erected barricades, signs, signals, lights,
or flashinq lights where they are erected as required
by this ordinance. All construction barricades,
signs, and lighting shall Conform to the latest
edition of Manual on Uniform Traffic Control Devices
and to the latest Industry ~ractices. ~/
SECTION 6. Section 12 of Ordinance No. 25~/~ is herebv
amended to read as follows:
Routin~ of Traffic ~urin9 Construction - Officials
to Be Notified. During construction, traffic shall
be maintained at all times so as to cause as little
inconvenience as possible to the occupants of abuttin~
property and to the general public~ Provided, that
the City Engineer may permit the closin~ of the
roadway to ali. traffic for a designated period of time,
if, in his opin~on, it is necessary. The permittee
shall route a~d control all traffic, including its
own vehicles, as directed by the Traffic Officer.
The followina steps must be taken before any roadway
may be closed or restricted to traffic:
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(t)' Receive the approval of the City
Engineer and the Traffic Officer~
(2) Notify CenCom and the head of the
Transit Company. The City Traffic Officer
shall be notified in writing by the per-
mittee when he actually commences work.
Upon completion of construction work, the
above-mentioned persons in item (!) and (2) shall
again be notified before traffic is moved back
to its normal flow so that any necessary adjust-
ments may be made. Where flaggers are deemed
necessary by the City Engineer Or. Traffic
Officer, they shall be furnished by the permittee
at its own expense.
Through traffic shall be maintained without
the aid of detours, if possible. In instances in
which this would not be feasible and the City
Traffic Officer grants the request for a detour,
the City Traffic Officer will designate the detour.
The city will maintain roadway surfaces of existing
streets designated as detours without expense to
the permittee, except in case there are no existing
roadways, the permittee will construct all detours
at its expense and in conformity with the specif-
ications of the City Engineer. The permittee will
be responsible for any unnecessary damage caused
to any roadways by the operation of its equipment.
SECTION 7. Section 13 of Ordinance No. 2~7 is hereby
amended to read as follows:
/
Maintaining Traffic. The permittee shall
construct and maintain adequate and safe crossings
over excavations and across public properties under
improvement to accommodate vehicular and pedestrian
traffic at all street intersections and wherever a
trench crosses a roadway.
Vehicular crossings shall be constructed and
maintained of plank, timbers, and blocking of
adequate size to accommodate vehicular traffic
safely. Decking shall be not less than four (4)
inches thick and shall be securely fastened together
with hea~? wire and staples. The top surface of
such decking shall not be above the level of the
adjacent roadway.
Pedestrian crossings shall consist of planking
three (3) inches thick, twelve (12) inches wide and
of length required, together with necessary blocking.
The walk shall be not less than four (4) feet in
width and shall be provided with a railing, if
required by the City Engineer. Vehicular crossings
and Pedestrian crossings may be constructed of
heavy, steel plate when approved by the city Engineer.
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SECTION 8. Section 15 of Ordinance No. 2~/7 is hereby
amended to read as follows: /~ -~
Protection of Work and Property. The permittee
shall erect and maintain suitable bulkheads to confine
earth from trenches or other excavations in order to
encroach upon public properties as little as possible.
The permittee shall, at its own expense, shore up and
protect all buildings, walls, fences, or other
property likely to be damaged during the progress of
the work, and shall be held responsible for all damage
to public or private property, streets, or improvements
resulting from its neglect to exercise proper protec-
tion in the prosecution of the work.
It shall be unlawful for any person other than a
duly authorized officer or employee of the city, or
a person holding a permit from the City Engineer,
to dig .up, or in any manner injure or destro~z any
tree, flower, foliage, flowering plant, foliage plant,
or shrubbery, in any public properties.
Whenever it may be necessary for the permittee to
trench through any ].awn area, the sod shall be care-
fully cut and rolled and replaced, after ditches have
been backfilled as provided in this ordinance. All
construction and maintenance work shall be done in a
manner calculated to leave the lawn area Clean of
earth and debris and in a condition as near as
possible to that which existed before work began.
The permittee shall not remove, even temporarily,
any trees or shrubs which exist in parking strip areas
or easements across private property without first
having notified the property owners, or, in the case
of public properties, the authorities maintaining
the same.
When required by the City Engineer, exiSting top
soil shall be carefully removed to the depth ordered
by the City Engineer and shall be piled in such a
place and in such.a manner that it will not become
mixed with other soil, and upon completion of the
.remainder of the backfilling shall be replaced in
its original position in a manner satisfactory to
the City Engineer. In the event an embankment
resulting from required pipe covering should be
constructed through the area, such embankment shall
be covered with top soil the same as the rest of the
area.
SECTION 9. Section 17 of Ordinance No. 2547 is hereby
amended to read as follows:
The permittee shall not disturb any survey
monuments or hubs found on %he line of %he improve-
ments until authoriZed to do so by the city Engineer.
A penalty of One Thousand Dollars ($1,000.00) shall
be imposed for any monument or hub disturbed without
authorization.
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SECTION 10. Subsection 19.07 of Section/of Ordinance
No. 2547 is hereby amended to read as follows: /
Trenches. In all cases, trenches must be of
sufficient width to permit the proper jointing of
the pipe. The trenches shall be at least six :(6)
inches wider on each side, or a total width of twelve
(12) inches more than the exterior diameter of the
pipe, except where pipes are of four inches in
diameter or under. If rock is excavated., it shall
be removed to a depth of six (6) inches below %he
bottom so the trench can be refilled with sand or
noncorrosive soil and well tamped. Excavation for
manholes andother structures shall be suffiCient to
leave a% least twelve (12) inches between their
outer surfaces and the sides of the excavation.
Except by special permission from the City
Engineer, no trench shall be excavated more than
three hundred (~300) feet in advance of pipe laying,
nor left unfilled for more than seven hundred (700)
feet where pipe has been laid. The length of the
trench that may be opened at any one tJ_me shall not
be greater than the length of pipe and the necessary
accessories which are available to the site ready
to put in place. The completed trench shall be?
kept not less than thirty (30) feet ahead of the
pipe-layers.
Trenches over four (4) feet deep shall be braced
and sheathed according to the standards and rules
and regulations of the State Department of Labor and
Industries and WISHA, and as hereafter amended, to
protect the workmen and the general public, as well
as public and/or private property. No bracing,
lagging, sheathing, or lumber shall be left in ~ny
trench.
SECTION 11. Section 19 of Ordinance N°. s hereby
amended to add the following section to be codified as Subsection
19.07:
Minimum utility depth. The permittee shall place
all underground utilities such. that they will have
a minimum cover of twenty-four (24) inches at the
conclusion of the work. Any damage to underground
utilities not placed with a minimum cover of twenty-
four (24) inches shall be the sole responsibility of
the utility company to correct at the utility's
expense.
SECTION 12. Subsection 19~11 of Section 19 of Ordinance
No. 2547 is hereby amended to read as follows:
Tunnels. Tunnels under pavement shall not be
permitted except by permission of the City Engineer,
and if permit%ed, shall be adequatel~ supported by
shoring and backfilling under the direction of the
City Engineer. Where possible, the pipe shall be
driven through or bored under a roadway, except
sidewalks, in a casing of sufficient strength, which
casing shall be left in place with the ends closed
around the pipe.
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SECTION 13. Subsection 19.12 of Section 19 of Ordinance
No. 2547 is hereby amended to read as follows:
Backfilling -- Notification of Water Department
Where Water is Taken from Fire Hydrant. Backfilling
in all public streets.and improved areas, both public
and private, shall be compacted to a degree equivalent
to 95% optimum density as determined by AASHTO T 99.
Compacting shall be done by mechanical tampers or
vibrators or by rolling in layers as required by the
soil in question. Water settling will not be
permitted. When water is taken from a fire hydrant,
the permittee shall assign one man to operate the
hydrant and shall make certain that said man has been
instructed by the Water Department in the operation
of the hydrant. The Water Department shall likewise
be notified at both the beginning and end of the job
so that the condition of the fire hydrants can be
checked on both occasions. Any damage done to the
hydrants during the operation shall be the respon-
sibility of the permittee. Water shall be paid for
by the permittee on the terms agreed upon with the
Water DePartment.
(1) Dry BackfillinG. Backfilling up to the first
eighteen (18) inches above the top of utility pipes
or similar installations shall be done with thin
layers~ each layer is to be tamped by manual or
mechanical means. Layers that are hand-tamped shall
not exceed four (4) inches in thickness; lavers that
are power-tamped shall not exceed six (6) inches
in thickness. These same requirements shall apply to
the remainder of the backfilling if tamping is the
method used for backfilling.
Backfilling of all pipes over twenty-four (24)
inches in diameter shall be carried up to the spring
line of the pipe in three (3). inch layers, with each
layer moistened and thoroughly tamped with suitable
mechanical equipment~ The backfill around all Di~es
twenty-fOUr ('24) inches or less in diameter shall
be tamped as specified above to a depth of eighteen
(18) inches above the top of the pipe, before any
additional backfilling is placed thereon.
(.2) Backfill Material. Wherever excavation is
made through rock, pipe shall be laid six (6) inches
above the rock bottom of trench and the space under,
around, and six (6) inches above the pipe, and, in
the case of gas, pipe shall be backfilled with clean
river sand, noncorrosive soil, or gravel, meeting
the following grading requirement:
Passing 1/2" square opening 100%
Passing 1/4" square opening 50%
With respect to other than gas utilities, backfill
material shall be of such quality as is approved by
the City Engineer. Broken pavement, large stones,
roots, and other debris' shall not be used in the
backfill.
(3) Backfilling at the Surface. Backfilling shall
be completed by placing the material well uN over the
top of the trench or in the case of concurrent street
construction, to the grade of bottom of ballast, and
for dry.backfilling, by rolling with a roller of an
aPproved type or with the rear of a truck carrying at
least five (5) tons, until the surface is unyielding.
The surface shall then be graded as required. When
a pipe line is laid at an elevation beloW the ground~
water level, extreme care shall be exercised, upon
Completion of the line, not to allow the ground water
to rise in the trench for settlement or other purposes
until sufficient backfill has been place~ over the
pipe to prevent the pipe from floating.
(4) Disposition of Excess Material. An? excess
material resulting from trench excavation shall be
disposed of b57 the permittee at his own expense in
a manner satisfactory to the City Engineer. Such
excess material shall be deposited on private property
abutting the portiOn of the public properties from
which it was excavated, if so requested by the abutting
property owner involved.
SECTION 14. Section 22 of Ordinance No. 2547 is hereby
amended to read as follows:
Adoption by Reference. The following are hereby
adopted ~by reference: The state rules and regUlations
of the Washington Public Service Commission and the
safety standards and rules and regulations of the state
Department of Labor and Industries an~ WISHA as here-
after revised and/or amended by the State; Provided,
however, that in the event any of the provisions of
this ordinance conflict with any other provisions of
this ordinance, with any other ordinances of the city,
with the standards embodied in state and federal laws
and rules and regulations, the provisions containing
the highest standards shall be observed..
SECTION 15. Section 24 of Ord. inance No. 2547 is hereby
amended to read as follows:
Penalties. Any person, firm or corporation that
shall fail to comply with or violate any of the pro-
visions of this ordinance shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be
fined in an amount not exceeding $500.00 Dollars,
or by imprisonment in the City Jail not exceeding
90 days, or by both such fine and imDrisOnment. The
city shall deduct a penalty of Twenty-Five Dollars
($25.00) from the permittee's deposit for eaCh'daY
the work continues past the time limit specified
in the permit.
APPROVED by %he City Council on the first reading this
~/£~. dav of _/~c~ , 1981.
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PASSED by the City Council of the Citv of Bremerton,
signed by the Mayor and attested by the City Clerk in authentication
of such passage this ~F~ day of ~~"/ , 1981~
~/'"'
GLENN K. JARSTAD
Mayor
ATTEST:
City Clerk
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