No person shall make any opening or excavation or construct within, on, through, or under any Town street, public right-of-way or Town highway, including the entire width between street lines or right-of-way lines (collectively, highway) located in the Town of Guilford (Town), for any purpose whatsoever, unless a license (license) has been obtained pursuant to §
241-3A, and a permit (permit) has been obtained pursuant to §
241-3C from the Town Engineer or his/her agent.
A. License required. Prior to the commencement of any excavation work described in §
241-3, the contractor shall obtain a license from the Town Engineer or his/her agent. Applications for a license may be obtained from the Engineering Department, on forms prescribed by the Town. The term of the license shall be from January 1 to December 31 each year. Applications for a license may be received throughout the calendar year, but shall expire on December 31 of the application year.
B. Conditions for issuance of license.
(1) The applicant shall be required to provide a certificate of insurance
to the Town Engineer or his/her agent evidencing the following coverage
as a condition to issuance of a license:
(a)
The contractor shall agree to maintain in force at all times
during the contract the following minimum coverages and shall name
the Town of Guilford as an additional insured on a primary and noncontributory
basis to all policies except workers' compensation. All policies
should also include a waiver of subrogation. Insurance shall be written
with carriers approved in the State of Connecticut and with a minimum
A.M. Best's rating of "A-" VIII. In addition, all carriers are
subject to approval by the Town of Guilford.
|
|
|
Minimum Limits
|
---|
|
General Liability
|
Each occurrence
|
$1,000,000
|
|
|
General aggregate
|
$2,000,000
|
|
|
Products/completed operations aggregate
|
$2,000,000
|
|
Auto Liability
|
Combined single limit each accident
|
$1,000,000
|
|
Umbrella
|
Each occurrence aggregate
|
$1,000,000
|
|
(Excess Liability)
|
|
$1,000,000
|
(b)
If any policy is written on a "claims made" basis, the policy
must be continually renewed for a minimum of two years from the completion
date of this contract. If the policy is replaced and/or the retroactive
date is changed, then the expiring policy must be endorsed to extend
the reporting period for claims for the policy in effect during the
contract for two years from the completion date.
|
Workers' Compensation and Employers' Liability
|
WC Statutory Limits
|
---|
|
EL each accident
|
$500,000
|
|
EL disease each employee
|
$500,000
|
|
EL disease policy limit
|
$500,000
|
(c)
The contractor agrees to provide replacement/renewal certificates
at least 60 days prior to the expiration date of the policies.
(2) The applicant shall provide a surety in the form of an irrevocable
letter of credit issued to the Town, on a form acceptable to the Town
or a bank check made payable to the Town (collectively, security),
securing to the Town complete, competent and proper performance of
the work. The bank check shall be deposited by the Town Finance Department.
The security shall cover the period from the date of licensure until
one year after the permanent pavement repair is completed. The minimum
amount of the security is $2,000. The Town Engineer reserves the right
to increase the required amount of the security on larger projects
to cover the cost of the restoration of the integrity of the pavement.
The security is required to cover, among other costs, the cost of
remedial permanent pavement repairs installed by the Town due to defective
installation by the contractor and any additional repairs that may
be necessary because of settlement of the trench within the one-year
period after the permanent repair is completed. One year after the
permanent pavement repair is completed, an inspection will be performed
by the Town Engineer or his/her agent, and all funds remaining from
the security will be returned to the licensee.
(3) The applicant shall enter into an agreement with the Town conditioned
substantially as follows: that the applicant shall indemnify and hold
harmless the Town, its officers, servants, agents and employees from
any and all claims, suits, liability and actions which arise on account
of any injuries, loss, cost or damages received or sustained by any
person, the applicant, his/her servants or agents, in connection with
any opening, excavation, installation or other work performed on any
such highway, or as a result of the use of equipment belonging to
the applicant or used by him/her in connection with excavation or
installation, or from any negligence or omission in guarding the work
or maintaining such work and its immediate area in a safe condition,
or from any act or omission of the applicant, his/her servants or
agents.
C. Permit required. Applications for permits to perform any work within
the highway must be submitted by a licensed contractor who is licensed
under this article. Applications for a permit may be obtained from
the Engineering Department, on forms prescribed by the Town. The application
shall include the following information and any additional information
as may reasonably be required by the Town Engineer:
(1) The exact location of the proposed excavation.
(2) The purpose of the proposed excavation.
(3) An estimate of the pavement area to be disturbed.
(4) The date and time when the work will commence and the period within
which the work will be completed.
(5) The name, address, license number and telephone number of the licensee.
(6) The names, addresses and telephone numbers of persons who may be
contacted in case of emergency or after regular working hours.
(7) The application shall be accompanied by a processing fee of $100.
D. Permit not transferable; additional work. No permit issued under
this article is transferable. The applicant for a permit shall be
that person, firm or corporation doing or performing the actual excavating
work or activity. If any additional work or repairs not designated
in the original permit must be done at the same location, the permittee
shall apply for an authorization to extend the permit area from the
Town Engineer or his/her agent.
E. General conditions for performance of excavation work.
(1) No work shall commence or be continued unless the permit is posted
by the permittee or his/her agent at the location of the work and
must be displayed to all authorized persons upon request.
(2) One-way traffic shall be maintained in the highway at all times throughout
the excavation work, except as otherwise permitted hereunder. If the
permittee's work requires the closing or obstruction of any highway
and/or sidewalks, or a portion thereof, for any period of time, the
permittee shall notify the Police Department at least 24 hours prior
to such closure and obtain the prior approval of the Police Department.
The Town Engineer and the Police Department may determine the need
for any such closing or obstruction of any streets or a portion thereof
on their own initiative, and may require the work or work method to
be so altered as to provide for traffic flow. The permittee shall
further provide prior notice of any highway closing, or portion thereof,
to the Fire Department, Public Works Department and First Selectman,
which notice shall include the location and approximate duration of
such closing. The permittee shall further notify these departments
when the highway is reopened to traffic. A police officer or certified
traffic person, as required by the Police Department, shall be provided
at the permittee's expense when less than two lanes of traffic
are maintained or when necessary or advisable in the opinion of the
Police Department.
(3) Adequate barricades and advisory signage shall be erected and maintained
in the highway until all work is completed.
(4) The permittee shall schedule all work during normal business hours,
so that the work may be inspected by Town officials. When work is
required to be done outside of normal business hours, the permittee
shall obtain the prior approval of the Town Engineer and pay for any
overtime inspection costs. The permittee shall give the Town Engineer,
the Public Works Department, the Police Department and the Fire Department
at least 24 hours' notice before any work is to begin, except
in the case of an emergency.
(5) All work performed under the provisions of this article shall be
in accordance with all local, state and federal laws, including DOT
Standard Specifications for Roads, Bridges and Incidental Construction
Form 816, as amended.
(6) The Town Engineer or his/her agent is authorized to inspect all excavations
for workmanship, materials and compliance with the provisions of this
article. The permittee shall provide safe access for such inspection.
The permittee shall correct that portion of the work which does not
pass inspection. Failure of the Town to give notice that repairs are
needed shall not relieve the permittee of any of the duties set forth
herein. There will be a reinspection fee of $100 if the permittee
fails to meet the requirements of this article as reasonably determined
by the Town Engineer.
(7) The permittee shall pay all costs to repair any and all damage to
curbs, sidewalks, highways or property of the Town caused by the permittee,
his agents and/or employees in the performance of the work. All repairs
to damage shall be done to the reasonable satisfaction of the Town
Engineer or his/her agent.
(8) If in the performance of the work any property marker, highway bound
or control point is disturbed or destroyed it shall be replaced at
the expense of the permittee by a land surveyor certified to practice
in the State of Connecticut.
(9) Upon completion of the excavation work, the permittee shall remove
all excess material from the excavation site including any equipment,
materials or trash so as to leave the site in a neat and clean condition
and in substantially the same condition as it was prior to the excavation
work.
F. Technical specifications for performance of excavation work.
(1) The pavement surface shall only be disturbed within the area requiring
excavation. This area shall be saw cut in straight lines with ninety-degree
angles at the point of intersection wherever possible.
(2) The permittee shall obtain a permit from the Fire Marshal prior to
any required blasting activities. Blasting work shall only be performed
by persons qualified to do this work in the State of Connecticut.
Blasting shall be done only with such quantities and strengths of
explosives and in such manner as will break the rock approximately
to the intended line and grades. The permittee shall be liable for
any injury to existing pipes or other structures above or property
above or below ground. The rock shall be covered with mats where required.
Sufficient warning shall be given to all persons in the vicinity of
the work before a charge is exploded.
(3) Dewatering of excavations shall be done in a manner which will cause
the minimum disturbance to the surrounding area. Hoses, pipes or channels
shall direct the water being disposed of to a suitable point of discharge
and proper steps taken to prevent siltation and erosion.
(4) The permittee shall minimize the creation and dispersion of dust
in the performance of the excavation activities. The Town Engineer
or his/her agent may require the use of calcium chloride, or the sprinkling
or sweeping of streets for effective dust control.
(5) Backfilling shall be done with three-quarter-inch processed stone
only. Excavated material shall be removed from the job site. Compaction
shall be performed in eight-inch layers.
(6) After all damaged pavement has been removed and all edges have a
clean cut vertical face, a temporary pavement, two inches thick, shall
be installed in accordance with the attached Trench Details, Figure
1, entitled "Temporary Pavement Trench Detail." At the discretion of the Town Engineer, cold patch may
be used for temporary patching where less than 10 square feet of pavement
is disturbed. A two-inch course of cold patch Class 5 shall be used
during the time of year in which the asphalt plants are closed.
(7) Prior to installation of the permanent patch, if there is evidence
of excessive trench settlement or deterioration of pavement surrounding
the limits of the excavation, the Town Engineer may direct the permittee
to again place a temporary pavement. The permittee shall be responsible
for repairing any trench settlement until the permanent patch is installed.
(8) The permanent patch shall be performed in accordance with the attached
Trench Detail, Figure 2, titled "Permanent Pavement Trench Detail." The permittee shall continue to be responsible for trench
settlement for a period of one year from the completion of the permanent
pavement.
(9) When a permittee under this article excavates 50% or more of the
width of the existing paved surface of a street, or if the integrity
of the remaining road surface is compromised by the excavation, the
Town Engineer or his/her agent may direct that the entire area of
the existing pavement be milled and/or resurfaced. The expense of
such work by the Town or its agents shall be collected from the permittee
or its surety by any proper action.
G. Public service companies. Nothing in this article shall be construed
to prevent the making of any necessary emergency excavation or the
performance of any work related thereto by any public service company,
as such companies are defined in the Connecticut General Statutes
(C.G.S.). In the event of an emergency, the public service company
shall notify the Town Engineer, the Police Department, the Fire Department
and the First Selectman's office immediately or, if after hours,
the start of the next Town Hall business day, at which time application
for license and permit shall be made. Any public service company which
has complied with the provisions of C.G.S. § 16-230 shall
be exempted from the requirement of posting a security as hereinbefore
set forth, and may be further exempted from certain provisions in
this article, if required by state or federal law.
H. Call before you dig. Connecticut General Statutes §§ 16-345
through 16-355 describe contractor responsibility with respect to
any proposed excavation, discharge of explosives or demolition at
or near the location of any public utility facility. The contractor
should call 1-800-922-4455 or otherwise notify the State Department
of Public Utility Control at least 48 hours, excluding Saturdays,
Sundays, and holidays, of said excavation, explosion or demolition,
but not more than one month before commencing same.
I. Penalties for violations.
(1) Any violation of the provision of §
241-3 is subject to a municipal citation in an amount up to the maximum permitted under state statute, which shall be imposed by the Town Engineer for each violation of this article, as provided in C.G.S. § 7-148(c)(10)(A); provided, however, that the violator has first been issued a warning for said violation by the Town Engineer or his/her agent. Each day of violation shall be considered a separate offense and subject to separate citations.
(2) In addition to the citation, upon a second violation, the Town Engineer or his/her agent shall have the authority to suspend any license and/or permit issued pursuant to this §
241-3 for 30 days.
(3) In addition to the citations, upon a third violation, the Town Engineer or his/her agent shall have the authority to suspend any license and/or permit issued pursuant to §
241-3 for 60 days.
(4) The licensee/permittee may not reapply for a license or permit during
any such suspended period.
(5) Repeated violations of the provisions of §
241-3 may, after due notice, result in revocation of the license/permit issued hereunder and/or the commencement of such legal proceedings as may be necessary to enforce such obligations.
(6) The provisions of this section are in addition to and do not supersede
any penalties resulting from simultaneous violations of state or federal
laws, to the extent permitted by law.
No person, firm or corporation shall connect a driveway or private road to a Town highway without first securing written permission from the Engineering Department. Any person, firm or corporation violating any provision of the §
241-4 shall be issued a citation by the Town Engineer of not more than $100; provided, however, that the violator has first been issued a warning for said violation by the Town Engineer.
Any person issued a municipal citation pursuant to §
241-3 or §
241-4 shall be entitled to a hearing to contest the citation. The Town hereby specifically adopts the provisions of C.G.S. § 7-152c for the establishment of a citation hearing process to contest citations issued pursuant to §§
241-3 and
241-4. The procedures for notice, hearing, disposition, appeal and enforcement shall be as set forth in C.G.S. § 7-152c. The citation hearing process shall not apply to those violations which are otherwise governed by state statute.
Should any provisions of this article be found with finality
by a court of competent jurisdiction to be prohibited by the Connecticut
General Statutes, the provisions of such statutes shall prevail.