[NRO 1975, T. 6, §§ 1101-1117
(Secs. 19-76 to 19-92 of the 1987 Code)]
As used in this article, the following words
shall, unless inconsistent with the context, be construed as follows:
The agency of government, public utility or company for whom
the work is being done.
The person, firm, corporation or combination thereof, private
or municipal, actually performing the work.
The City Engineer, including his duly authorized agents.
The City or the state.
The City Police Department.
All work done in public streets and public easements
shall be in accordance with this article, and the agency or contractor
shall perform the work in compliance with applicable laws and regulations
of the federal government, the state and the City which limit or control
the work in any manner.
Any exception to the requirements of this article
must be requested of the Board of Public Works in writing and permission
granted in writing.
Other than in the event of bona fide emergency,
the City Engineer, the Fire Department and the Police Department must
be notified of the starting date and time of each and every project
within the public streets or easements. If notification is not given
before commencement of the project, a fine of $500 shall be levied
for each day or fraction thereof during which the project has been
underway and the contractor shall immediately stop work and return
the public street or easement to the condition it was in before excavation
started.
A.
Precaution shall be exercised at all times for the
protection of persons and property. The safety provisions of applicable
laws and building and construction codes shall be observed.
B.
Evidence of adequate liability insurance coverage
must be provided to the public works inspector upon request.
C.
The contractor shall take all necessary measures to
protect the work and prevent accidents during construction. The contractor
shall provide and maintain sufficient night lights, signs, barricades,
flagmen, temporary sidewalks and surfacing, appropriate temporary
bridges, danger signals, watchmen and other appliances and safeguards
necessary to properly safeguard life and property. "No Parking" signs
shall not be placed without proper authority.
D.
No traffic regulating, warning, directional or street
name signs shall be removed from the area of the work, or relocated
therein, unless so indicated on the plans or unless so ordered by
the Engineer. Signs shall be removed and replaced as directed by the
Engineer.
E.
The contractor shall provide suitable access to adjoining
property when necessary.
F.
Fire hydrants shall be left clear for hose connections
at all times.
G.
Immediately after an excavation has been made, the
contractor shall remove surplus materials which are in excess of requirements
for, or will not be used in, the backfill.
H.
All trenches across intersections shall be provided
with temporary bridges to allow not less than one lane of traffic
to flow in each direction. The length of trench to be bridged shall
be as specified in the specifications or as directed by the Engineer
with the cooperation of the Police Department.
I.
For business areas, and in other areas where traffic
is heavy, in order to provide a maximum amount of street area for
use of vehicles and pedestrians, compliance with any or all of the
following conditions may be required:
(1)
Remove all excavated materials from the site immediately;
(2)
Store excavated materials in approved boxes or bins
placed so as not to obstruct traffic or create a hazard;
(3)
Construction materials shall be stored off the site
and shall not be brought into the street prior to the time needed
on the job;
(4)
Construction equipment shall be placed in the street
in a manner to least obstruct traffic, and shall not be stored in
the street when not in use;
(5)
Work only during off-peak traffic hours.
A.
Maximum work area.
(1)
Where a trench is cut along and under traffic lanes
in streets or alleys, and where the width of the trench exceeds 28
inches and the depth exceeds four feet, at no time shall more than
1,000 feet of trench be under construction in any one work area, and
all work operation in one work area shall be confined to not more
than the 1,000 feet.
(2)
Where width and depth of the excavation do not exceed
28 inches and four feet, respectively, or where the work area is outside
the traffic lanes, 2,000 feet of trench may be under construction
in any work area.
(3)
A trenching operation includes all work between the
point of excavation and the point where the trench has been resurfaced
and opened for traffic.
B.
Vehicular and pedestrian traffic.
(1)
In the area of trenching operation defined in Subsection A(1) of this section, there shall not be more than 500 feet of trench opened and incompletely backfilled. The remainder of the area of trenching operation shall be available for safe vehicular and pedestrian traffic at all times. Not more than 50 feet of trench incompletely backfilled shall be left overnight when width of unencumbered pavement will not allow two-way traffic.
(2)
In the area of trenching operation defined in Subsection A(2) of this section, there shall not be more than 700 feet of trench opened and incompletely backfilled. The remainder of the area of trenching operation shall be available for safe vehicular and pedestrian traffic at all times. Not more than 50 feet of trench incompletely backfilled shall be left overnight when width of unencumbered pavement will not allow two-way traffic.
C.
Only when the contractor has entirely separate and
complete crews, each of which is capable of doing the entire job in
their area, will two or more operations be considered separate work
areas.
The contractor shall not disturb any monuments
or tie points found on the line of the improvements without permission
from the Engineer. The contractor shall bear the expense of resetting
any monuments or tie points which are disturbed without permission.
The contactor shall be required to arrange for
water service and shall be required to pay for any and all water consumed
by the contractor or subcontractors during the course of construction.
A.
Cleanup shall progress as rapidly as the work itself,
and upon completion of the job the contractor shall remove all debris
and waste material caused by construction operations and leave the
job site in a clean and neat condition.
B.
Where vehicular and pedestrian traffic conditions
are heavy and where weather conditions result in unsightliness, discomfort,
or hazards, the contractor shall take special cleanup precautions.
A.
The contractor shall have full care and custody of
the work until completion and acceptance, and he shall be responsible
for all damage to existing improvements, persons, property and utility
structures while the work is in his charge.
B.
Damage done to existing street improvements or utility
structures shall be repaired at the expense of the contractor.
C.
Haul routes along and across any public traveled way
shall be kept free and clean of all rubbish and debris, including
spillage, resulting from construction operations. When necessary for
the alleviation or prevention of a dust nuisance, water or dust palliative,
or both, shall be applied.
A.
Where it is necessary to cut and remove pavement,
curb, sidewalk or other surface improvement, the material shall be
cut and removed by means of equipment suitable to the type of material
to be removed, and in a manner which results in a minimum amount of
damage to adjacent improvements. Unless otherwise specified, improvements
shall be replaced or reconstructed as nearly in the original location
and condition as is reasonably possible.
B.
Whenever a part of a block, square or section of curb,
sidewalk or driveway is broken or damaged by the contractor, the entire
block, square or section shall be removed to the score, groove or
saw cut line and replaced or reconstructed. Where the line of cut
would be less than two feet from an existing expansion or weakened
plane joint, the concrete shall be removed to such joint.
C.
Unless otherwise specified, the outlined of all trenches
cut in streets, alleys, sidewalks and driveways having portland cement
concrete wearing surface shall be cut with an abrasive-type cutting
wheel. Cuts shall be made to a depth of one-fourth the thickness of
the improvement but need not be more than two inches in depth. Where
the line of cut would be less than two feet from an existing expansion
or weakened plane joint, concrete shall be removed to such joint.
(1)
Unless otherwise specified, in asphalt-surfaced streets
and alleys the trench cut lines shall be scored by the use of an impact-type
chisel. The edges of the trench cut lines shall be sufficiently straight
to allow for proper compaction within the entire trench area.
(2)
The use of an abrasive-type cutting wheel is not mandatory
on emergency cuts.
D.
When, during the progress of the work, any excavation
is to be made in public easements through private property, the contractor
shall notify the property owners at least 48 hours in advance of beginning
work.
E.
It shall be the responsibility of the contractor to
apprise himself of all specific conditions contained in private easements.
He shall perform all of his work in accordance with the stipulations
contained therein.
F.
The contractor shall take precautions to limit the
removal of or damage to existing pavements, sidewalks, curbs, lawns,
shrubbery, trees, hedges, walls, fences, buildings or other existing
improvements to the least practicable amount and shall replace or
restore such improvements to as near their original location and condition
as is reasonably possible. Plantings shall be given proper care and
attention and shall be replaced in as nearly their original location
and condition as is reasonably possible after the excavation has been
backfilled and compacted. These same requirements shall apply where
the excavation is in the area behind the curb.
Excavation for trenches shall include the removal
of all material of whatever nature necessary for the installation
of the pipe or facility and shall include the construction of trench
shoring and timbering and all necessary installations for dewatering
whenever required.
The bottom of the trench shall be prepared to
provide a firm foundation for the pipe or facility in accordance with
the bedding conditions specified for the type of pipe or facility
to be installed. The subgrade of the trench shall be kept free of
standing water. Where the trench subgrade material is found to be
unsuitable and does not afford a solid foundation, the contractor
shall excavate to such depth as necessary to construct a stable foundation.
A stable foundation shall be constructed by placing crushed rock or
other approved material.
A.
Backfilling shall be so placed that the pipe will
not be displaced or damaged. Backfilling to a depth of one-foot over
the crown of the pipe shall be made with granular soil or sand as
required by the City Engineer. The remainder of the backfill may include
material originating on the job, provided that such material is not
larger than six inches in any dimension.
B.
The first lift shall be placed and compacted to a
height of one-foot above the top of the pipe by any approved method.
The remainder of the backfill material shall be compacted in lifts
or stages to the minimum depth hereinafter specified by means of tamping
or water settlement or both. Jetting will not be allowed unless specifically
authorized by the City Engineer.
C.
When hand or hand-operated pneumatic tamping methods
are used, the moistened fill material shall be tamped in uniform layers
not to exceed six inches in thickness, loose measurement.
D.
When the flooding method is allowed, the trench shall
be diked at suitable intervals, depending on the grade of the ditch.
The depth of water must be such that when earth or sand is drifted
into the trench it will become completely saturated. Sufficient water
must be kept in the trench so that the backfill material will at all
times be dropping into water.
E.
When heavy-duty tamping or compaction equipment is
allowed there shall be sufficient backfill material over pipe to prevent
damage thereto.
F.
Unless otherwise specified, the backfill material
shall be compacted to a relative compaction of not less than 90%.
A.
All trenches across traffic lanes, where it becomes
necessary to remove any existing surfacing or pavement, shall be provided
with temporary trench cover.
B.
Minimum requirements for temporary trench cover shall
be well-compacted bituminous surfacing material and shall be a minimum
of two inches thick. The mineral aggregate shall, with a tolerance
of 5%, conform to the grading specified for three-eighths-inch maximum
aggregate (Item 260-22, State Department of Public Works and Highways
specifications). Bituminous binder to be mixed with the mineral aggregate
shall be liquid asphalt, grade MC-3, with or without a cutback, or
SC-2, 3 or 4, or liquid tar T-6 and shall be between 5 1/2% and
6% by weight of the dry mineral aggregate.
C.
Temporary trench cover surfacing material shall be
stockpiled on the job site and shall be placed within six hours after
completion of trench backfill and compaction. Temporary trench cover
shall be properly maintained until permanent trench cover is placed.
D.
After the backfill has been made and compacted as
specified, it shall be cut and trimmed to allow 12 inches for gravel
and the permanent trench cover as specified below, for the full width
of the excavated trench. The gravel shall be free of all rock over
2 1/2 inches in size and shall have a relative compaction of
95% or more at the time of constructing curb, gutter, sidewalk, pavement
or permanent trench cover.
E.
Unless otherwise specified, the replacement of pavement
shall be as follows:
(1)
In areas where the wearing surface is asphalt concrete,
the contractor shall replace the pavement with a portland cement concrete
base and a one-and-one-half-inch asphalt concrete surface course conforming
to the requirements of the governing authority for payment. The concrete
base shall be finished to 1 1/2 inches below adjacent pavement
and shall be of the same depth as the original pavement but not less
than 4 1/2 inches thick on alleys or residential streets, nor
less than six inches thick on major or secondary streets and highways.
(2)
In areas where the wearing surface is portland cement
concrete, the contractor shall replace the pavement with concrete
pavement conforming to the requirements of the governing authority.
The concrete pavement replacement shall be of the same depth as the
original pavement, but not less than six inches thick on alleys or
residential streets, nor less than eight inches thick on major or
secondary streets and highways.
(3)
In areas where the wearing surface is other than asphalt
concrete or portland cement concrete, the contractor shall replace
the pavement and base in kind. The pavement replacement shall be of
materials and thickness conforming to the requirements of the governing
authority.
[Amended 3-12-1985 by Ord. No. O-84-79]
Any agency or contractor who shall violate any of the provisions of this article or fail to comply herewith, or who shall violate or fail to comply with any order or regulations made under this article, or who shall carry out construction in violation of any detailed statement or specifications or plans submitted and approved under this article, or any certificate or permit issued under this article, shall, severally for each and every such violation and noncompliance respectively, be subject to punishment as provided in § 1-12. The imposition of one penalty for any violation of this article shall not excuse the violation, or permit it to continue; and all violators shall be required to correct or remedy violations or defects within a reasonable time. When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
Any agency or contractor who shall violate any of the provisions of this article, in addition to the penalty imposed by § 285-52 shall become liable to the City for any expense, loss or damage occasioned by the City if the City has to expend labor and materials in repairing or restoring public streets and public easements to their conditions before any work was done by the agency or contractor; provided, however, that as a condition precedent to such liability the City shall provide written notice of the required repair or restoration and that the agency or contractor has been provided a reasonable time after notice, not less than 30 days, to accomplish such repair or restoration.
