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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::: .::, :-... I 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 1 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 --2-- 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 -3- 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: -4- (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. -5- 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. -6- 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. -7- 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. -9- 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 -10-