Village of Winneconne, WI Excavations and Openings

Permit to be obtained. No person, partnership or corporation, or their agents or employees or contractors, shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ditch, public ground, public sidewalk or Village-owned easement within the Village of Winneconne without a permit therefor from the Clerk-Treasurer or Director of Public Works.

Fee. There shall be a fee for excavation in the right-of-way per determination by Village Board. Applications may be made for multiple street openings on one application form; however, each opening must be listed at the time the application is submitted to the Director of Public Works or Clerk-Treasurer for approval. If the street opening is made prior to the receipt of an approved "excavation on in the right-of-way" permit from the Director of Public Works or Clerk-Treasurer, the application and review fee shall be tripled.

Fee; emergency excavation. In the event of an emergency excavation for the protection of property, life, health, or safety and as authorized in § 460-14H, there shall be no penalty fee (except any actual Village expenses shall be charged to the permittee), provided the application for the street opening permit is filed with the Director of Public Works or Clerk-Treasurer within two regular business days of the excavation in accordance with § 460-14H. If the permit application for the emergency excavation is not filed within two regular business days, the application and review fee shall be per determination by Village Board plus any actual Village expenses. The Director of Public Works shall be informed of emergency excavations.

Application for permit. The application for a permit shall be in writing and signed by the applicant or his/her agent. The applicant shall submit to the Clerk-Treasurer or Director of Public Works, at the time the permit is applied for, sufficient information relating to the work to be done including the general location and nature of the work and the method applicant proposes to use in doing the work. The Clerk-Treasurer or Director of Public Works shall determine if sufficient information is submitted.

Exception. The provisions of this section shall not apply to Village excavation work done under the direction of the Village Board or Director of Public Works.

Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 460-14G for pavement replacement.

Renewal of permit. If operations have begun under an approved permit and will continue beyond the thirty-day validation period, the permittee shall apply for a thirty-day permit renewal by written request to the Clerk-Treasurer or Director of Public Works. Permit renewals shall be issued at the discretion of the Clerk-Treasurer or Director of Public Works.

Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 460-14. Any damaged curb and gutter, sidewalk, terrace, street or grass-covered area shall be restored to a condition satisfactory to Director of Public Works.

Insurance. At the time of the permit application, a permittee must furnish the Village satisfactory written evidence that he/she has in force and will maintain during the life of the permit and the period of excavation, insurance, with the Village of Winneconne named as an additional insured, as follows:

Worker's compensation. Worker's compensation with limits as prescribed by the State of Wisconsin.

Motor vehicle liability. Comprehensive motor vehicle liability with limits of $500,000 for injuries to one person and $1,000,000 for any one accident and property damage of not less than $100,000. Motor vehicle liability shall cover owned, non-owned and hired vehicles.

General liability. Comprehensive general liability, with limits of not less than $2,000,000 each occurrence. The insurance coverage shall include the acts or omissions of any contractor, his/her employees, agents or subcontractors, and include explosion, collapse and underground liability coverage. A form of blanket contractual liability to indemnify and save harmless the Village of Winneconne, its officers, agents and employees from any and all liability for accidents or damage caused by or arising from any work covered by the permit shall also be included in such insurance coverage.

Completed operations and product liability. This policy shall provide completed operations and product liability coverage for the period of time set forth in the permit and any extensions thereof and for a period one year after final completion of the work. Limits of liability shall be the same as general liability.

Umbrella policy. The limits of liability mentioned above can be provided through split limits or through a combination of underlying an umbrella liability. Limits mentioned are minimums to be provided under any policy or combination of policies.

Bond.

Whenever the Director of Public Works estimates that an excavation/opening project will involve over $5,000 in work and before a permit for excavating or opening any street or public way for such project may be issued, the applicant must execute and deposit with the Village Clerk-Treasurer, determined and approved by the Director of Public Works, an indemnity bond conditioned that he/she will indemnify and save harmless the Village of Winneconne and its officers from all liability for accidents and damage caused by any of the work covered by his/her permit, and that he/she will fill up and place in good and safe condition all excavations and openings made in the street, and will replace and restore the pavement over any opening he/she may make as near as can be to the state and condition in which he/she found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Village Board for a period of one year, and that he/she will pay all fines of forfeitures imposed upon him/her for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the Village Board and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the Village. Such statement shall also guarantee that, if the Village shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year.

Faulty work or materials shall be immediately replaced by the permittee upon notice by the Village. Failure to correct deficiencies shall result in a one year revocation of the right to obtain a street opening permit. The Village shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus 20% for administration.

The person who does such restoration shall be responsible therefor for one year from the date of the completion of the work and shall file a surety bond to that effect with the Village in an amount determined by the Village Board or Director of Public Works.

Whenever Director of Public Works shall find that any such work has become defective within one year of the date of completion, it shall give written notice thereof to the contractor or to his/her surety stating the defect, the work to be done, the cost thereof and the period of time deemed to be reasonably necessary to complete said work. After receipt of such notice, the contractor or the surety must, within the time specified, repair the defect or indemnify the Village for the cost of doing the work as set forth in the notice.

An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Village Board or Director of Public Works as necessary to adequately protect the public and the Village.

Public utilities. All public utilities as defined in § 66.0801 and 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this section and § 460-14, any and all subsections thereunder; except, a Village of Winneconne-owned public utility as defined within this section shall not be required to post the indemnity bond.

§ 460-14 Regulations governing excavations and openings.

Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 15 and April 1 except where it is determined by the Director of Public Works or his/her designee to be an emergency excavation.

Protection of public.

Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the Village Board or its designee, and in accordance with Section VI of the National Traffic Safety Board Manual of Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunset to sunrise. No open flame warning devices shall be used. Except by special permission from the Director of Public Works, no trench shall be excavated more than 150 feet in advance of pipe or conduit laying nor left unfilled more than 200 feet from where pipe or conduit has been laid.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the Village in defending any action brought against it for damages, as well as cost of any appeal, that may result from the neglect by such person or his/her employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.

Unless otherwise approved, a minimum of one lane of traffic in each direction shall be provided. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to his/her project. In the event traffic is limited to less than one lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.

The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Director of Public Works 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in § 460-14H.

When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least one hour prior to the loss of service, unless the operations are part of an emergency excavation as defined in § 460-14H.

Trenches adjacent to the roadway left open during nonworking hours shall be protected with snow fence along the entire trench edge and shall be marked with flashing barricades at each end.

(7)

Equipment or construction materials may be stored during nonworking hours within Village roadway right-of-way subject to prior approval of Public Works Director.

(8)

Prior to beginning any work on Village roadways, the Village Clerk-Treasurer's office and Director of Public Works shall be given the names and telephone numbers of at least two contractor employees who may be contacted 24 hours per day, seven days per week.

(9)

Construction materials spilled or tracked on pavement shall be removed daily.

(10)

The Village may elect to have the Village or an outside contractor make the pavement repair for any street or sidewalk opening, in which case, the cost of making such repair and of maintaining it for one year shall be charged to the person making the street opening.

(11)

Excavations conducted within the Village shall comply to OSHA standards, specifically 29 CFR 19, maintain safe sidewall and slope stabilization. Safety of the excavation and all work performed in relation to it shall be the responsibility of the contractor performing the work. Any excavation exceeding three feet in depth shall require the proper legal use of a shoring box or shoe.

Pavement removal.

Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement prior to patch replacement. Excavations shall be kept to the minimum possible and acceptable for the convenience and safe performance of his/her work and in accordance with all applicable codes and regulations. Replacement surface shall be in-kind material.

Precautions shall be taken to prevent damage to road pavements. Sheathing and bracing or the use of a portable trench box should be used to prevent undermining of material below the existing pavement. If damage is done to the pavement, it shall be restored.

If the pavement is damaged during excavation beyond the original saw-cut lines, it shall be saw cut again along neat, straight lines. The finished saw cut shall leave a regular rectangular section for pavement replacement. Should the street opening occur within adjacent or close to an existing patch or require more than one opening within a short distance, the permittee shall identify and locate the existing patches or additional openings on the permit application form. The Director of Public Works shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.

Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel with the curbline or the direction of travel.

Pavement replacement areas in concrete pavements shall be parallel with or at right angles to the direction of travel.

The Director of Public Works may order the permittee to remove and replace up to one full lane width of pavement along the patched or excavated area. Special care shall be taken with concrete pavement to produce a vertical face on the existing concrete at the point of the saw cut to insure a full depth of concrete at the joint.

Excavation.

All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural watercourses shall not be obstructed.

Excavated material to be used for backfilling of the trench must be so handled and placed as to be of as little inconvenience as practical to public travel and adjoining tenants.

Backfilling.

All backfill material shall be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones greater than eight inches in their greatest dimension, frozen lumps or other deleterious material which, in the opinion of the Director of Public Works, is unsuitable.

In backfilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with suitable material hauled in and approved, prior to use, by the Director of Public Works.

Wherever an excavation crosses an existing utility, pipe or other structure, backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary sewer, storm sewer, water, telephone, natural gas or other service shall not be interrupted by the permittee. It shall be the permittee's responsibility to have the various utilities locate and mark their facilities prior to excavation.

Backfill of excavated area(s) shall be conducted per specifications available from the Director of Public Works. Slurry backfill shall first be placed as noted above, then 12 inches (after compaction) of crushed aggregate of gradation No. 3 shall be placed, and then five inches of bituminous concrete pavement (hot mix, surface course where applicable) shall be laid in two compacted lifts or concrete to matching thickness.

When allowed by the Village, mechanical compaction may be used on all materials used for trench backfill. Each layer (twelve-inch maximum) shall be uniformly compacted to a dry density of at least 95% of the maximum dry density as determined by the Modified Proctor Test (ASTM-1557).

All excavations shall be subject to testing by the Village. Backfilled material not achieving the above compaction requirements shall be removed and recompacted by the permittee. The cost of any testing shall be paid by the permittee.

(7)

When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. At no time shall any street pavements be permitted to overhang the excavation.

Notice. It shall be the duty of the permittee to notify the Clerk-Treasurer or Director of Public Works and all public and private individuals, firms and corporations affected by the work to be done at least one business day before such work is to commence. The Clerk-Treasurer or Director of Public Works shall also be notified at least four hours prior to backfilling and/or restoring the surface.

Pavement replacement.

Excavated material shall be tested by the Director of Public Works for backfilling purposes; if the material is found suitable, it shall be uniformly placed in twelve-inch lifts and compacted to 95% density determined by a Modified Proctor Test (ASTM-1557) to a twelve-inch height below grade. Crusher-run material shall be used to complete the backfill with a final course of bituminous pavement if required. If paving will not occur as part of the initial street restoration operation, the balance shall be backfilled with crusher run.

Bituminous pavement shall be placed the full depth of the existing pavement, or four inches, whichever is greater. Bituminous pavement shall be placed in a maximum of one-and-one-half-inch lifts and compacted with the final wearing course life not to exceed 1 1/2 inch in lift (Wisconsin Department of Transportation Asphalt mix). The final course shall be smooth and free of surface irregularities and shall match the existing pavement. Casting or street appurtenances shall be 1/2 inch below adjacent pavement heights and no more than one-quarter-inch deviation as measured with a ten-foot straight edge per installation.

Bituminous pavement may be temporarily replaced with cold mix if hot mix is not available. Cold mix shall be excavated and hot mix shall be installed as soon as it becomes available.

All permanent restoration of street, curb and gutter shall be of the same type and thickness as the curb and gutter which abuts. The grade of the restored curb and gutter shall conform with the grade of the existing adjacent curb and gutter. Existing grass and terrace areas shall be covered with a minimum of four inches of topsoil. Topsoil shall be seeded with perennial grass seed at a rate of two pounds per 1,000 square feet.

All permanent restoration of driveways and sidewalks shall conform to the manner of construction as originally placed and to the lines and grades as given by the Director of Public Works. No patching of concrete driveway areas will be allowed between joints or dummy joints.