[Adopted 5-3-2017 by Ord.
No. 60[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Excavations and Openings, adopted as §§ 20-37 through
20-42 and §§ 20-45 through 20-46 of the 1964 Code,
as amended.
In this article the following terms shall have the meanings
indicated:
Any excavation or opening in or under the surface of any
street, alley, sidewalk or other public place and City rights-of-way
within the City.
The provisions of this article do not apply to:
If any person to whom a permit has been granted fails to comply
with the terms of the permit, the permit shall become null and void
and any and all expenses incurred by the City in refilling an excavation
or restoring the street to its proper condition shall be borne by
the permittee. If the person to whom a permit is granted fails to
leave the street in as good condition as it was prior to any work
being done under the permit, any and all expenses incurred by the
City in restoring the street to its proper condition shall be borne
by the permittee.
All excavations and inspections shall be under the supervision
of the Department of Engineering and in conformity with the requirements
of this article.
Each excavation shall be started within 24 hours after the receipt
of the permit and shall be pursued diligently and continuously until
the excavation is completed. When, because of the weather or any process
of the law or any other unexpected obstacles, the work shall be stopped
for more than 48 hours, the excavation or opening shall be refilled
and repaved as if the work contemplated in a permit were actually
completed.
No person shall open or remove a greater area of surface for
an excavation nor shall a person excavate at a location other than
that specified in the original or supplementary application for a
permit. However, if at the time of actually doing the work it shall
be necessary to open or remove a greater area of surface than originally
applied for, the applicant shall first notify and procure the consent
of the Department of Engineering to do so upon the express condition
that the applicant shall and will, before 12:00 noon of the following
business day, file a supplementary application for the making of an
additional excavation.
At the intersection of cross streets, not more than half of
the width of the street shall be excavated at one time, the other
half to remain untouched for the accommodation of traffic until the
first half is restored for safe use.
All excavations shall be conducted so as not to interfere with
easy access to firehouses, fire hydrants and United States mailboxes.
The holder of an excavation permit must remove, within 24 hours,
all snow and ice that falls or forms upon the street within five feet
upon either side of the opening and keep this space free from snow
and ice until the excavation is permanently restored.
The street, alley, sidewalk or other public place must be excavated
in a manner which will cause the least inconvenience to the public
and which will admit the uninterrupted passage of water along the
gutter. Excavations shall be made in open cut. No tunneling shall
be done except by special permission of the Department of Engineering,
and then only under the conditions as the Department of Engineering
may impose. No excavation shall be undercut or have a greater width
at the bottom than at the top. In the case that the side walls of
the trench should cave in, the resulting side walls are to be trimmed
back to solid earth and the top surface removed to reflect the required
cut backs for the new trench width.
The person to whom an excavation permit is granted shall give
notice, in writing, at least 24 hours before commencing the excavation,
to any corporation whose pipes, mains or conduits are laid in the
street and are about to be disturbed by the excavation. The permittee
shall, at the permittee's own expense, sustain, secure and protect
the pipes, mains or conduits from injury and shall replace and compact
the earth wherever the earth has been removed, loosened or disturbed
under or around the pipes, mains or conduits so that the pipes, mains
or conduits shall be well and substantially supported. If the permittee
fails to sustain, secure or protect the pipes, mains or conduits from
injury or fails to replace and pack the earth under or around the
pipes, mains or conduits as the provisions of this section require,
then the work may be done by the corporation to whom the pipes, mains
or conduits belong, and the cost of the work and all damages sustained
by the corporation by the work shall be paid by the permittee, and,
in default of the work, the corporation may commence an action against
the person for the costs and damages.
All materials to be excavated prior to paving must be removed
from the excavation trench with the least possible injury or loss
to adjoining pavement materials. All excavated trench material must
be stockpiled where it will cause the least possible inconvenience
to the public. All work is to be conducted in accordance with 29 CFR
1926.
The width of the excavation or opening shall be no greater than
what is necessary for doing the permitted work. Trench sheeting or
shoring shall be used when the excavation or opening is four feet
or more in depth. All sheeting shall be temporary and shall be removed
prior to backfilling.
(a)
All excavations shall be backfilled immediately after work has been
completed and temporarily resurfaced on or before the time fixed in
the permit. Written notice shall be given to the City of Utica's Engineering
Department when the work has been completed. Temporary pavements shall
be maintained by the person to whom the permit was issued until such
time as the final pavement restoration is complete. Backfilling shall
be done in layers not exceeding six inches in height, and shall be
mechanically compacted to a proctor density of 95% until the excavation
is backfilled to an elevation that will allow for the proper thickness
of the temporary pavement to be applied and compacted. All materials
used for the backfilling of the trench and the temporary pavement
that are deemed to be deficient by the Department of Engineering shall
be removed and replaced with suitable materials by the person or company
who was issued the permit. All materials excavated from the trench
are not to be reused for backfill and shall be disposed of off site.
All new materials used for the backfilling of the trench shall meet
all the requirements as outlined on the City's trench and pavement
repair detail. Backfill material that is frozen, soggy, or wet is
not acceptable.
(b)
Between October 31 and April 15 any permits issued on streets with
concrete foundations must have a four-inch-thick temporary concrete
cap installed on the trench. On streets with concrete foundations,
the street's permanent concrete foundation must be installed over
the trench, including required cutbacks and reinforcing, prior to
the installation of the temporary concrete cap. The concrete foundation
shall be left four inches below finished grade and a plastic separation
barrier applied on the top of the concrete foundation. Four inches
of concrete shall then be poured on the plastic barrier, troweled
smooth and left with a broom finish. After April 15, the four-inch
temporary concrete cap is to be removed and the permanent asphalt
surface is to be installed.
(c)
On streets with full depth asphalt foundations, the properly compacted
subbase materials shall be installed to within two inches of finish
grade and a two-inch layer of mechanically compacted col-provia material
applied to the subbase material. Cutbacks and final asphalt surface
material is to be completed after April 15.
(a)
In the replacement and restoration of the permanent pavement for
an excavation in a street with a concrete foundation, the permittee
shall remove the old concrete foundation for an area extending at
least nine inches in all directions beyond the edge of the original
trench excavation, and replace the existing concrete foundation with
new reinforced concrete, not less than six inches thick but equal
in thickness to that of the adjacent pavement foundation, installed
in accordance with latest City specifications for a permanent concrete
foundation. The new asphaltic concrete wearing surface shall extend
at least six inches beyond the joint in the concrete foundation of
the pavement and shall be of the type and the thickness as shown on
the City of Utica's trench and pavement repair detail for concrete
foundation streets, and shall be laid with the same care and in the
same manner as the original pavement.
(b)
On full depth asphalt streets, the permittee shall remove all asphaltic
pavement layers nine inches beyond the edges of the original trench
to a depth equal to the existing subbase material. Asphaltic concrete
binder and top shall then be installed in the trench as per the City
of Utica's trench and pavement repair detail for full depth asphalt
streets.
(a)
In all unimproved streets the surface of the properly backfilled
excavation or opening shall be finished equal in quality, character
and materials to the street surface existing prior to making the excavation.
(b)
In all improved streets, the crown of the temporary paved surface
must conform to the current street surface until sufficient time has
elapsed to warrant the permanent restoration of the paved street surface.
All restoration of paving surfaces shall be made by the permittee.
(a)
Traffic is to be maintained at all times during the progress of an
excavation, and adequate signs, barricades and lights shall be provided
in accordance with the provisions of current New York State Department
of Transportation's Manual of Uniform Traffic Control Devices.
(b)
The applicant shall erect and maintain suitable fences and/or barricades
around all trenches while work is in progress for the protection of
the public, and they shall be suitably lighted by flashing yellow
lights at night.
(c)
No pavement excavations are to be left unfilled overnight except
in an emergency situation or if work will be continued the next day.
In that event adequate precautions must be exercised by the permittee
to protect traffic and the public. Fences, barricades, barrels, plates
and adequate safety lighting must be employed and maintained throughout
the night around all sides of the excavation.
(d)
No construction materials or equipment shall be left on the pavement
after working hours nor shall any construction equipment or material
be placed in any manner or location that will obstruct the street
or walk.
(e)
If, in the judgment of the Engineering Department, flagmen are necessary,
they shall be employed by the permittee and shall be on duty at all
times during the progress of the work to direct traffic, maintain
safety equipment, etc.
(a)
It shall be unlawful for any person to make or cause or permit to
be made any excavation without first having obtained and having in
force a permit to do so as provided in this division.
(b)
For an emergency arising after office hours, at night or on weekends
or legal holidays when an immediate excavation may be necessary for
the protection of public or private property, the emergency shall
be reported to the Bureau of Police who shall grant permission to
make the necessary excavation upon the express condition that an application
be made in the manner provided in this division on or before 12:00
noon of the next following business day.
Any person or company desiring to procure a permit to excavate
within any City rights-of-way shall file with the City Engineer, at
least 48 hours or full two workdays before the time proposed to begin
the work a written application upon a blank form prepared and provided
by the City. In the case of large-scale projects, four weeks' advance
notice is required. The application shall state the name and business
or residence address of the applicant; the name of the street, alley,
sidewalk or public place in or under which it is desired to make the
excavation or opening; the kind of pavement or sidewalk on the street,
alley or public place; the purpose, size and location of the proposed
excavation or opening; the name and business or residential address
of the person for whose benefit the work is to be done; and the time
during which it is desired the opening is to be permitted. When required
by the City Engineer, the application shall be accompanied by a plat,
pencil tracing or sketch showing the location, character and dimensions
of the proposed excavation or opening for the installation of new
work or repair of existing utilities or the location and character
of the alterations involving the location of pipes, conduits, wires
or other conductors. Prior to issuance of a street excavation permit,
the applicant must secure and have on file with the City Engineer's
office, the proper insurances and bonds.
(a)
The application for an excavation permit must be accompanied by two
copies of an insurance certificate issued by the insurance carrier
to the City stating that the policy of insurance issued to the contractor
provides coverage for the contractor and for the contractor's subcontractors
for work being performed under the permit. Insurance required for
permits shall be issued by an insurance company licensed by the State
of New York to issue such policy in New York State, and shall be in
form and content satisfactory to the City. The company issuing the
policy shall be Best "A" rated or better. The City reserves the right
to review the insurance policy and limitations in coverage.
(1)
Retentions or deductibles which have been applied to any coverage
shall be assumed in full by the contractor.
(2)
Each policy shall provide that the policy not be changed or
canceled until the expiration of 30 days' written notice by registered
mail to the City of Utica, and that the policy shall be automatically
renewed upon expiration unless the City is given 30 days' (registered
mail) written notice to the contrary.
(3)
The City of Utica shall be named as additional insured and as
primary insurance with no responsibility for payment of premium shall
be added to all policies, other than workers' compensation and professional
liability.
(4)
All policies shall be identified by policy numbers, and the
notation "unassigned" in lieu of policy numbers shall not be accepted.
(5)
The contractor shall procure and maintain workers' compensation
insurance for all his employees engaged in work in accordance with
the state workers compensation laws.
(6)
As part of workers' compensation insurance, the contractor will
also procure and maintain employer's liability insurance.
(7)
The contractor shall procure and maintain during the life of
this contract New York State disability benefits, in accordance with
the New York State Disability Benefits Law.
(8)
Coverage limits required.
|
Type of Coverage
|
Limits Required
| ||
|---|---|---|---|
|
Workers' compensation
|
Statutory
| ||
|
New York State disability
|
Statutory
| ||
|
Comprehensive general liability
| |||
|
Per occurrence
|
$1,000,000
| ||
|
Aggregate
|
$2,000,000
| ||
|
Umbrella liability
|
$2,000,000
| ||
(9)
The insurance policy shall insure the City and shall contain,
by rider annexed to the policy, the following provisions:
a.
The policy shall not be canceled, terminated, modified or changed.
b.
The presence of engineers or inspectors of the insured on the
site of the work performed under this permit shall not invalidate
the policy of insurance.
c.
Violation by the contractor of any of the terms of any policy
issued by the insurance company to the contractor shall not invalidate
this policy.
(b)
Public utilities which are self-insured may be exempted from filing
a bond, provided that satisfactory agreements, as approved by the
Corporation Counsel and the City Engineer, are executed with the public
utility.
(a)
Upon filing of the application, surety or bond and certificates of liability insurance, and all other requirements of Section 2-23-64 and upon the payment of the required fee, the City Engineer at his discretion, may issue the excavation permit. The permit shall state the name and address of the applicant; the location, nature, purpose and extent of the excavation or opening; the kind of pavement to be disturbed by the applicant and the dates of granting and the expiration of the permit.
(b)
Mandatory fees for a street excavation permit shall be as follows:
(1)
Nonrefundable application fee for processing and coordination
of the application: $100 per permit. (Each excavation in the City
right-of-way will require a permit.) In the case of a utility, such
as gas, electric, telephone or water, to facilitate the installation
of a main line utility or underground electric conduit, the permittee
will be issued a nonfee application permit. Said permit to extend
for a one-block length. Any excavations performed adjacent to the
main line will require a separate permit, for example: service lateral.
(2)
A nonrefundable administration fee for the review of construction
drawings, mapping updates, mark outs if required, and inspection charges
is required. For excavations in the City's right-of-way, the administration
fee is $3.32 per square foot calculated from submitted construction
drawings.
(3)
A refundable security deposit equal to the total restoration
cost of the excavation shall be collected from the permittee at the
time of issuance of the permit, to guarantee timely and complete restoration
of the excavation. Should the permittee fail to properly restore the
excavation to the satisfaction of the City Engineer, within the stated
time frames as outlined in the permit, the City Engineer shall then
employ the necessary forces to properly restore the excavation and
to make a charge against the refundable security deposit to recover
all costs. Refundable security deposit fees are as follows:
(4)
Square footage fees for fees calculated from submitted construction
drawings. NOTE: In the event that the excavation square footage should
increase by more than 20% of the original square footage as stated
on the permit, the permittee is responsible for contacting the City
Engineer's office within 24 hours or the next business day, of the
increase in the size of the excavation and make the proper adjustments
to the amounts of nonrefundable and refundable fees on file with the
City.
(c)
After completion of all restoration work on the excavation, the permittee
shall notify the City Engineer's office in writing to perform an inspection
of the work. The engineer's office will do a reinspection of the restoration
on the excavation 12 months from the date of completion, and should
the City Engineer's office accept the work after 12 months, the permittee
may then submit an application for refundable deposit to the City
Comptroller's office.
(d)
A commercial contractor is mandated to stamp his or her work on sidewalks
no more than three inches by five inches.
(e)
No fee shall be charged for work done by the City or at the specific
request and for the benefit by the City.
The City Engineer shall prepare and keep a record of every excavation
permit issued, numbered in the order in which the permits were issued.
The record shall contain the name and address of the person or company
to whom the permit was issued; the location, nature, purpose and extent
of the excavation or opening; the time in which the street is to be
restored; the fee paid and such other and further items as will enable
anyone to obtain a complete history of each permit from its issuance
to its termination.
(a)
The City Engineer may make such rules and regulations, consistent
with this article and in the public interest, as may be necessary
to aid in the administration of and obtain compliance with this article.
(b)
An entity that is conducting an illegal excavation or opening will
be mandated to pay a fine of $500. The entity will also be required
to pay permit application and other costs associated with the excavation
and curb cut policy.
[1]
Editor's Note: The permit application for a curb cut is included as an attachment to this chapter.
[1]
Editor’s Note: The permit application for street excavations and the form for return of refundable security deposit are included as attachments to this chapter.
