[Adopted 5-20-1958; amended in its entirety 6-12-1991[1]]
[1]
Editor's Note: This ordinance provided that these provisions become
effective 9-1-1991.
This article shall govern all excavation within the right-of-way of
any public street, highway, sewer or drainage right-of-way of the Town of
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 or Director of Public
Works 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 Branford, Connecticut, or any board, commission, officer
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 these rules and regulations All work shall be performed in accordance
with the provisions of this chapter.
B.
Application for permit.
(1)
All applications for permits for work governed by these
rules and regulations shall be directed to the Town Engineer for approval.
(2)
All applications for permits shall be made on a form
prescribed by the Town Engineer and shall contain all information necessary
for the Town Engineer to evaluate the application for compliance with these
regulations. The Town Engineer shall make the determination as to what information
is required.
(3)
Application Fee. The application shall be accompanied by the appropriate fee from Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
C.
Work performed under contract for the Town of Branford
shall be subject to all requirements of these regulations except that the
application fee and the cash deposit shall be waived.
A.
Before a permit is granted, the applicant may be required
to provide the Town Engineer with a permit bond. This is required 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 Branford or a letter of credit issued with the
Town of 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 him 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 acceptable to the Town Engineer
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, liability insurance as hereinafter specified:
(1)
Comprehensive general liability insurance issued to the
contractor and protecting him from all claims for bodily injury, including
death, and all claims for destruction of or damage to property arising out
of or in connection with any operations under the permit, whether such operations
be by himself or by any subcontractor under him or anyone directly or indirectly
employed by the contractor or by a subcontractor under such employee. This
insurance shall be written for a limit of liability of not less than $300,000
each occurrence for bodily injury and $100,000 each occurrence for property
damage.
(2)
Automobile liability insurance issued to the contractor
and protecting him from all claims for bodily injury and property damage liability
in connection with any operations under the permit for a limit of not less
than $500,000 each accident.
E.
The contractor shall procure and maintain, at his own
expense, during the permit time, in accordance with the laws of the State
of Connecticut, workers compensation insurance, including occupational disease
provision, for his employees at the site of the project, and in case any work
is sublet, the contractor shall require such subcontractor similarly to provide
workmen's compensation insurance, including occupational disease provision
for all the latter's employees unless such employees are covered by the protection
afforded by the contractor. In case any class of employees engaged in hazardous
work is not protected under workmen's compensation statutes, the contractor
shall provide and shall cause each subcontractor to provide adequate and suitable
insurance for the protection of his employees not otherwise protected.
F.
The contractor shall provide the Town Engineer with a
certificate of insurance designating the Town Engineer and the Town of Branford
and its agents as additional insured.
G.
In addition to the permit bond, a cash deposit in the
amount of $2,000 shall be maintained to cover the cost of all repairs made
by the Town of Branford or a contractor engaged by the Town of Branford. This
deposit shall also cover the cost of the permanent pavement which will be
installed by the Town of Branford and any repairs which might occur because
of settlement of the trench during the one-year period in which the contractor
is responsible. As the account is drawn down to less than 50% of its original
value, the Town shall notify the contractor that no additional street excavation
permits will be issued until the account is returned to the required amount.
The Town Engineer may require an amount in excess of the minimum required
if he deems it necessary to cover a larger proposal or several anticipated
excavations.
H.
The contractor will indemnify and hold harmless the Town,
its Engineering Department and its agents and employees from and against all
claims, damages, losses and expenses, including attorney's fees, arising out
of or resulting from the performance of work pursuant to or within the scope
of this article, provided that any such claims, damage, loss or expense attributable
to bodily injury, sickness, disease or death or injury to or destruction of
tangible property, including the loss of use resulting therefrom, is caused
in whole or in part by any negligent or willful act or omission of the contractor,
any subcontractor or anyone for whose acts any of them may be liable. Additional
policies of owner's protective liability and builder's risk coverage on larger
projects may also be required in addition to the above hold-harmless clause
at the discretion of the Town Engineer, the limits of such insurance to be
determined by the Town Engineer.
I.
In any and all claims against the Town Of Branford, its
Engineering Department, the Town Engineer or any of their agents or employees
by any employee of the contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable,
the indemnification obligation shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by or for
the contractor or any subcontractor under workmen's compensation acts, disability
benefit acts or other employee benefits acts.
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 tunnelling
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. If native material is employed, a minimum of 12 inches of compacted
bank-run gravel or processed stone shall be installed below the pavement.
(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.
During the progress of the work, the contractor shall
conduct his operations and maintain the area of his activities so as to minimize
the creation of and dispersion of dust. It may be necessary to use sprinkling
or sweeping of streets or application of calcium chloride for effective dust
control; the Inspector may require such measures during the course of construction.
G.
Blasting shall be performed by persons qualified to do
so by the State of Connecticut only after obtaining a permit from the Fire
Marshal. 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 injury 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.
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.
I.
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 two inches thick
of Class 2 bituminous concrete shall be spread and rolled to form a smooth
surface with the existing highway. During the time of year in which the asphalt
plants are shut down, a two-inch course of Class 5 shall be used in lieu of
the Class 2.
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
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 Town or
a contractor selected by the Town 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 to the Town shall be deducted
from the cash deposit.
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.
E.
The contractor shall grade, loam, seed and mulch any
unpaved areas disturbed by his activity on the site.
F.
The contractor shall maintain all erosion control measures
in functional condition until stabilization of all erodible areas.
G.
The Town Engineer may require the contractor to compensate
the Town for or 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.
A.
Traffic safety.
(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 flagmen as necessary to
aid traffic flow or as directed by the Town Engineer or Police Department.
(3)
The Town Engineer may require that the contractor devise
a traffic control plan. This plan shall be subject to the approval of the
Town Engineer who may also require review and approval by the Police Department
at his discretion.
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.
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.
Request for refund of cash deposits. If the contractor wishes to terminate
his excavation activities in the Town of Branford once he has posted his cash
deposit, insurance and bond and wishes to have the balance of his cash deposit
returned, he must formally request this, in writing, from the Town Engineer.
The written request shall provide the permit number and location of any excavation
by the contractor during the twelve-month period preceding the request or,
if none during this period, the permit number and location of the most recent
excavation he has done. Once the twelve-month maintenance responsibility on
all the permits has expired and the Town Engineer has determined that all
costs incurred by the contractor have been deducted from the cash deposit,
the Town Engineer may return the balance to the contractor.
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 § 216-9B and C. This permanent pavement shall consist of a three-inch base and a one-and-one-half inch finished course. The base course shall be Class 1 mix and the finished course shall be Class 2 mix unless otherwise directed by the Town Engineer. The work is to conform to the Town of Branford standards and comply with all other conditions of these rules and regulations, including obtaining a permit and paying the application fee.
In case a question arises as to the interpretation of these regulations,
the decision of the Town Engineer shall be final.
A.
These regulations shall become effective September 1,
1991.
B.
If any section, paragraph, sentence, clause or phrase
of this article shall for any reason be held to be invalid or unconstitutional
by a decree or decision of any court of competent jurisdiction, such decision
shall not affect or impair the validity of any other section or remaining
portion of this article.
