This article shall govern all work within the right-of-way of
any public street, highway, sewer or drainage right-of-way of the
Town of North Branford.
As used in this article, the following terms shall have the
meanings indicated:
An individual, partnership or corporation approved by the
Town Engineer to excavate within the Town highway or street.
A street, public way or public right-of-way maintained by
the Town, including the entire width between the street lines or right-of-way
lines.
The person duly authorized by the Town Engineer who shall
be permitted to enter all properties for the purpose of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of these regulations.
The Town of North Branford on any boards, commission, office,
or agent duly authorized to act for it.
A.
No portion of any highway shall be excavated until the contractor
has obtained a permit from the Town in accordance with the provisions
described in this article and regulations. All work shall be performed
in accordance with the provisions of this article.
B.
Application for permit.
(1)
All applications for permits for work governed by this article shall
be directed to the Town Engineer for approval, except that, all work
within the Town's right-of-way, related to the aboveground installation
or repair of power lines, telephone lines, cable television lines,
broadband service lines, or tree pruning or removal, by any utility
or private contractor shall be directed to the Chief of Police or
his or her designee.
(2)
All applications for permits shall be made on a form prescribed by
the Town Engineer, or when applicable, the Chief of Police, and shall
contain all information necessary for the Town Engineer or Chief of
Police to evaluate the application for compliance with this article.
The Town Engineer or Chief of Police shall make the determination
as to what information is required.
(3)
Application fee. The application shall be accompanied by the appropriate
fee, as adopted by the Town Council.
C.
Work performed under contract for the Town of North Branford shall
be subject to all requirements of these regulations except that the
application fee shall be waived.
D.
When it appears that the work called for in an application required
by this section would cause substantial or needless damage to a highway
or create excessive disturbance to traffic or exceptionally dangerous
conditions not commensurate with the benefits to the applicant, the
request for such permit may be denied. The applicant will be informed
of such rejection by letter from the Town Engineer, stating the reasons
for such rejection. The Town Engineer shall reject the application
of any person when such applicant has failed to perform work under
a previously issued permit within the time required or in the manner
required or when the applicant has failed to reimburse the Town for
recoverable charges billed under the terms governing a previous permit.
A.
Before a permit is granted, the applicant may be required to provide
the Town Engineer with a permit bond to ensure the faithful performance
of the work contemplated. The bond shall be an insurance bond issued
by an approved surety company licensed in the state, a passbook in
the name of the Town of North Branford, with a letter of assignment,
or a letter of credit issued with the Town of North Branford as beneficiary.
It shall be for a minimum of $2,000 and vary upward on larger projects
as required by the Town Engineer. The bond shall be kept in force
for the duration of the excavation and for a period of one year after
final inspection of the work.
B.
The contractor shall produce evidence satisfactory to the Town Engineer
of insurance as will protect the Town from claims set forth below
which may arise out of or result from the contractor's execution
of the work, whether such execution be by himself or by a subcontractor
or by anyone directly employed by any of them, or by anyone for whose
acts any of them may be liable.
(1)
Claims under workmen's compensation, disability benefit and
other similar employee benefit acts.
(2)
Claims for damage because of bodily injury, sickness, disease or
death of any person other than his employee.
(3)
Claims for damages because of injury to or destruction of tangible
property, including loss of use resulting therefrom.
C.
Certificates of insurance shall be filed with the Engineering Department
prior to the issuance of a permit for the work. These certificates
shall contain a provision that coverages afforded under the policies
shall not be cancelled unless 30 days' prior written notice has
been given to the Engineering Department.
D.
The contractor shall procure and maintain, at his own expense, insurance
as hereinafter specified:
(1)
Contractor to maintain in force at all times during which work/services
are to be performed, the following minimum limits of insurance coverage.
The insurance company(ies) must be licensed with the State of Connecticut
and have a Financial Strength Rating of "A-" or higher and a Financial
Size Rating of VIII or higher form A.M. Best Company.
|
Policy
|
Coverage
|
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* (excess liability)
|
Each occurrence aggregate
|
$1,000,000
|
|
$1,000,000
| ||
|
Worker's compensation and employer's liability
|
Work comp
|
Statutory limits
|
|
EL: each accident
|
$500,000
| |
|
EL: disease, each employee
|
$500,000
| |
|
EL: disease, policy limit
|
$500,000
|
|
*
|
The Town of North Branford must be named as "additional insured"
on this policy.
|
(2)
A certificate of insurance documenting the coverage listed above
must be presented to the Town of North Branford, along with a copy
of your declaration page, prior to the commencing of any work/service.
The contractor also agrees to provide replacement and/or renewal certificates
at least 30 days prior to the expiration of each policy.
(3)
If any policy is written on a "claims made" basis, the policy must
be continually renewed for a minimum of two years following the completion
date of the work/service. If the claims-made policy is replaced and/or
retroactive date is changed, then the expiring policy must be endorsed
to extend the reporting period for claims for two years from the completion
date.
A.
The contractor shall give written notice to the Town Engineer of
his intent to begin work at least one business day prior to commencement
of work.
B.
The contractor shall comply with all requirements of the "Call Before
You Dig" regulations of the State of Connecticut.
C.
All excavation shall be by open cut, with no tunneling unless special
circumstances require otherwise and prior written approval has been
obtained from the Town Engineer.
D.
Trench box and/or sheeting shall be utilized as required by Occupational
Safety and Health Administration regulations to maintain safe working
conditions in and around the area of the excavation and additionally
as directed by the Town Engineer or his designated agent to protect
the highway or adjacent properties.
E.
All backfilling shall conform to the specifications and regulations
hereinafter specified.
(1)
All excavations shall be backfilled with bank-run gravel, processed
stone or native material meeting the requirements of the Town Engineer
or Inspector to the limits shown of the Town of North Branford Standard
Details as referred to in the Town of North Branford Road Standards.
(2)
Backfill shall be properly compacted in lifts as directed by the
Town Engineer or Inspector so as to prevent settling of the finished
grade. The contractor shall be responsible for repairing any settlement
for a period of one year after final inspection of the work.
(3)
Any leftover material or debris shall be removed from the worksite
and the site returned to a safe and presentable condition and in a
condition at least equal to the condition it was prior to commencement
of the work.
F.
All excavations shall be dewatered as necessary to maintain a dry
work environment. Discharges for dewatering equipment shall be installed
into storm drains or as approved by the Town Engineer with measures
employed to prevent erosion and siltation.
G.
Blasting shall be performed by persons qualified to do so by the
State of Connecticut only after obtaining a permit from the Fire Marshall.
All blasting shall be conducted with all possible care to avoid injury
to persons and property. Blasting shall be done only with such quantities
and strengths of explosives and in such manner as will break the rock
to approximately the intended line and grade. Care should be taken
to prevent damage to existing pipes or other structures above or property
aboveground or below-ground. The rock shall be covered with mats where
required so as to prevent damage or injury to property or persons.
Sufficient warning shall be given to all persons in the vicinity of
the work before a charge is exploded.
H.
The contractor shall notify the Town Engineer as each stage of work
is started and the estimated time of completion. The contractor shall
not close any work until the Inspector has inspected and approved
each phase of the work.
A.
After all damaged pavement has been removed and all edges have a
cleancut vertical face, a temporary pavement patch shall be installed
to the limits as shown on the North Branford Standard Details.
B.
The contractor shall be responsible for the cost to repair any and
all damages to curbs, sidewalks, roads and property of the Town of
North Branford and adjacent private property caused by the contractor,
his agents, employees, subcontractors and their agents or employees.
All repairs to damage shall be done to the complete satisfaction of
the Inspector.
C.
After installation of the temporary patch, the contractor shall perform
any work to correct or maintain the temporary patch, complete any
unfinished work and, within six months of the installation of the
temporary patch and after a proper settling period, install the permanent
patch. The cost of this work shall be borne by the contractor.
D.
The contractor shall be responsible for the cost of repairing any
trench settlement for a period of one year from the date of final
inspection of the permanent patch.
E.
The contractor shall grade, loam, seed and mulch any unpaved areas
disturbed by his activity.
F.
The contractor shall maintain all erosion control measures in functional
condition until stabilization of all erodible areas in accordance
with Town of North Branford Road Standards.
G.
The Town Engineer may require the contractor to make repairs to any
paved areas not in the immediate vicinity of the construction that
have been damaged by the activities of the contractor or as a result
of his activities.
H.
When issuing a permit on any highway that has been reconstructed
or resurfaced within five years of the date of the permit application,
the Town reserves the right to designate additional patch limits and
requirements, which may include curb-to-curb milling and overlay of
the affected area, plus an additional five feet on each end, at a
minimum.
A.
The contractor shall be required to take all measures required by
the Police Department and the Town Engineer to protect traffic in
the vicinity of the work. At least 48 hours prior to commencing any
work under a permit, the contractor shall review the proposed work
with the North Branford Police Department and implement all measures
to protect traffic as directed by the Police Department including,
but not limited to, the following:
(1)
The contractor shall install barricades, warning signs and lights
as necessary so as to adequately warn traffic of the work in progress.
(2)
The contractor shall provide uniformed policemen or flagmen as necessary
to aid traffic flow or as directed by the Police Department.
(3)
The Police Department may require that the contractor devise a traffic
control plan. This plan shall be subject to the approval of the Chief
of Police.
B.
Pedestrian safety. At all times, the excavation shall be protected
to prevent pedestrian access to the construction area. At the close
of the work each day, the contractor shall secure the area to prevent
access to the site by pedestrians. Warning light barricades, signs
and tape shall be used as necessary.
C.
In the interest of maintaining a safe construction site, the hours
of work shall be limited to normal business hours unless approved
by the Town Engineer. In the event that after-hours work is approved,
the contractor shall reimburse the Town for all overtime costs incurred
by providing after-hours inspection of the work.
D.
Emergency repairs may be made as necessary without regard to the
hours of work requirement above, provided that the Police Department
is notified upon commencement of any work that is performed under
this section and of any hazardous condition that exists. The contractor
shall still be responsible to reimburse the Town for any costs incurred
as a result of emergency work in connection with the project.
E.
The Town may make any repair or correction it deems necessary in
the interest of public safety at any time. The contractor shall be
responsible for the full cost of any work performed under this section.
F.
When, in the opinion of the Chief of Police, or his or her designee,
any work within the Town's right-of-way, related to the above
ground installation or repair of power lines, telephone lines, cable
television lines, broadband service lines, or tree pruning or removal,
by any utility or private contractor may create a hazard or inconvenience
to vehicular or pedestrian traffic or cause a public safety hazard,
the Police Chief shall require that the applicant, as a condition
of obtaining a permit, arrange and pay for any traffic control services
that the Police Chief deems appropriate to allow for the safe passage
of vehicular and pedestrian traffic, including, but not limited to,
the hiring of off-duty, but uniformed, police officers. In the event
that no off-duty police officers are available, the applicant shall
be required to utilize, subject to the approval of the Chief of Police,
certified flaggers.
G.
At sites where municipal agencies, or their agents or contractors
are performing work, regardless of their location, the Police Chief,
or his or her designee, shall approve properly equipped and trained
municipal employees or agent flaggers, in lieu of off-duty police
officers.
A.
Any contractor who violates any provision of these regulations shall
be liable to the Town for any expense, loss or damage which may be
caused to the Town highway or property by reason of such violation.
B.
Any contractor violating any provision of these regulations shall
be given a written notice by the Town Engineer stating the nature
of the violation and providing a reasonable time limit for the satisfactory
correction thereof. The contractor shall, within the period of time
stated in such notice, correct such violation. If a hazardous condition
exists as determined by the Town Engineer, the contractor shall respond
within 24 hours of verbal notification.
C.
Any contractor who continues to violate any provision of these regulations after the time limit specified in a notice given in accordance with Subsection B above has expired shall be fined not more than $100 for each offense. Each day that the violation of these regulations continues shall be deemed to be a separate offense for the purpose of the penalty.
D.
The Town Engineer may refuse to issue any permits to a contractor
who is in violation of any provisions of these regulations until such
time as satisfactory compliance is obtained.
E.
The permit shall expire and become void 30 days from the date of
issuance if the contractor does not perform any work during that time.
When a permit becomes void, it is the responsibility of the contractor
to reapply and obtain a new permit before any work is performed.
F.
The cancellation of the bond or insurance shall automatically void
any permit which has been issued.
The following may make a written request to the Town Engineer
to waive the performance bond and cash deposit, provided that they
agree to maintain the excavation and place and maintain the permanent
pavement as provided in the standard details.
A.
Any resident or private contractor shall obtain written approval
of the driveway location from the Town Engineer prior to installation
of a driveway within the Town-owned right-of-way. That portion of
the driveway within the Town-owned right-of-way shall consist of a
four-inch process aggregate base course and two-inch bituminous concrete
Class 2.
B.
Prior to installation of a driveway within the Town-owned right-of-way,
the owner of the property to which the driveway will connect shall
post a $500 driveway bond with the Town Engineer's office in
the form of cash or certified bank check, said bond to be retained
by the Town until the portion of the driveway within the Town-owned
right-of-way is paved in accordance with the requirements specified
herein. If said driveway is not paved within the Town-owned right-of-way
within three years of posting the bond, the Town Engineer shall be
authorized to utilize the bond to have the driveway apron paved.
No water shall be directed from private property onto the Town-owned
right-of-way in a manner so as to create a hazard or damage to the
Town road or right-of way. Upon notification by the Town Engineer
that a hazard has been created, the owner of the private property
shall immediately correct said hazard to the satisfaction of the Town
Engineer.
