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HomeMy WebLinkAboutORDINANCE 0479-1979~* CITY OF KA.NAI ORDINANCE NO. 479-79 AN ORDINANCE OF THR COUNCIL OI' THE CITY OF KENAI, ALASKA REPEALING SECTION 18, ARTICLE: 3 cf the 1963 KENAI CODE AS AMENDED REI.,ATING TO STREET EXCAVATIONS AND ENACTING IN ITS PLACE A NEW ORDINANCE DEALING WITH THIS SUBJECT. WHEREAS, th.e City of Kenai has comprehensive ordinances regulating the excavations in streets and public rights-of- way, and WHEREAS, these ordinances have been codified in Section 18, Article 3 of the Kenai Code and have been further amended by Ordinance ~-195-71 and 343T77, and WHEREAS, this code provision as amended is in need of re- vision for among other reasons, to update the insurance re- quirements imposed on excavators, to provide more controls owing to increased activity, and to otherwise update the existing code provisions. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA AS FOLLOWS: Section is Sectis~n 18, Article 3 of the 1963 Kenai Code and aiI amending ordinances of this code section, including #195-71 and 343-77 are hereby repealed in their entirety and in their place the following Title 18, Chapter 15 entitled, "Street Excavations" is hereby adopted, which is attached hereto and made a part hereof by reference. ;z. PASSED BY THE COUNCIL OF THE OF KENAI, ALASKA this 16th day of May, 1979. ~ ~~ VINCENT 0 REILLY,~ R ATTESTS 8 e C. Peter, C ty C erk First Readings March 7, 1979 Second Readings March 21, 1979 Third Readings April 4, 1979 TABLED Fou±°*h Readings May 2, 1979 Fifth Reading: t4ay 16, 1979 Effective Dates June 16, 1979 ~~ ~I t 18.15.010 EXCAVATIONS IN CITY S7.'REETS BY CONTRACTORS: No person or legal entity conducting any excavating aa~vities shall perforn- any work in or under public lands or public rights-of-way or in any public utility ea~erents within the City without first having been granted, (11 a yearly license therefor as set forth in Chapter 20, and (2) a permit for the individual excavation or street opening contemplated as set forth in Chapter 25. Said yearly license and street opening permit shall be obtained from the City Public Works Department. "Excavating" means the removal, carrying away, backfilling, tunnelling, bulldozing, digging out, leveling, clearing or moving of earth or Roil by manual or mechanical means. 18.20.010 YEAIrT,Y LICENSE REQUIRED: Before performing any excavation work as de ned above, a contractor so wishing to excavate shall secure from the City Public works Depart- ment a yearly license which shall expire on December 31st in the year in which it is issued. The purpose for requiring this license is to insure the public safety by requiring contractors who wish to excavate in public streets or rights- of-way to fulfill the following requirements. 18.20.020 Bond Re uired: Before the issuance of a yearly license, tie contractor shall obtain maintenance and construction bond in the amount of $5,000. Said bond shall be conditioned to indemnify the City for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or construction of any such tunnel or excavation. Such bond shall have as surety a corporation licensed to do business in the state as surety company. In lieu of a corporate bond, a deposit of $5,000 in a certified check or cashier's check, as security deposit, shall be deposited with the City of Renai. 18.20.030 Insurance Requirement: Before the issuance of a yearly license, the contractor shall provide to the City certificates of insurance (with ti:e stipulation that the City, as certificate voider, will be given 30 days written notice of intent to cancel) evidencing: ' ~ 1. 'riot lase thar- $100,000 of bodily injury liability coverage per individual and $300,000 pex accident, nor less than $100,000 of property damage, liability coverage. The applicable certificate of insurance shall clearly indicate that the property damage liability coverage .includes hazards from underground work, explosion, ^allapse and damag? to underground wires, conduits, pipes, fittings, mains, sewers ' and a similar document of indemnity required pursuant to the ~ provisions of Section 18.20.040 has been incorporated into and made part of the applicable insurance policy. .~„~-... -__- __ _ ,, _ ,~ y ----_~---~-~_ _-- - -~---- - ---- -_--. ...-- -._._ _..e. _ , ~< 2. Workmen's compensation insurancA in accordance with the laws cf Alaska. 18.20.040 Indemnit A reement Re wired: Before the issuance of a yearly 1 cense, the contractor shall execute a document of indemnity sava.ng the City harmless against any lass or damages due to the negligence of the contractor. os.~ his agents and employees while the excavation or pipelaying work is being performed. 18.20.050 Fee for Yearl License: In order to defray adtainistrative costs n Frc~cESS ng yearly licenses by the City administration, before the issuance of a yearly license the contractor shall pay a yearly license fee of $25. 18.20.060 Waiver of Bond and Insurance: The Public Works Director may wa ve the bond ng and nsurance require- ments herein for contractors performing City protects when equally sufficient bond and insurance protection for the City is provided by the terms of the contract entered into by the City for such project. The bonding, insurance and indemnity requirements shall be waived for local utility , companies where equivalent bonding and insurance have otherwise been provided covering the City. 18.20.070 Revocation of Yearly License: The Public Works Director may serve the Contractor a Notice to Show Cause" as to why the contractor's yearly license (issued pursuant to this chapter should not be revoked.for any of the violations as stated in Section 18.25.090. A hearing shall be set by the Public Works Department to de;.~;:.~,ine whether such license should be revoked. Should the Public Works Department decide that the yearly license should be revoked, he shall serve a written notice of such decisiom to the contractor whereupon the contractor shall have 10 days in which to appeal the matter in writing to the City Council. The Council shall hear the matter at the next regular meeting where it shall decide whether or not to confirm the Public Works Department's decision. No revocation shall be effective until it has been confirmed by Council or until the 10 day appeal time to Council has elapsed, whereupon the contractor shall cease to perform any excavating hereunder with the City, 18.20.080 Sus ension of All Xearl Licenses: Because of climatic cond t ons, the Pub c Works D rector may suspend all yearly licenses for all contractors having been issued licenses when climatic conditions dictate the interest of public safety or to prevent damage to public streets, side- walks or utility lines, such excavations should be curtailed. 18.25.OI0 PERMIT REQUIRED ~'OR EACH INDIVIDUAL PROJECT: After securing a yearly cense as prov dp n ~'hapter 0, • ~~--.- ___ _ ~~ A 18.25.0'70 Cit Public Works De artment Crew Call- Out Char e: When necessitated pursuant to the prow sions of t s chapter, the contractor shall agree to pay to the City the cost of services performed by the City Public Works Department work crew on behalf of the contractor whether such work is requested by the contractor, Public Works Director, or in his absence, the City Manager. The charge for such services shall be at such rates calculated to reimburse the City for its actual labor and material costs plus l0$ for administrative costs. In addition, the contractor agrees to reimburse the City at predetermined rates for the use of City equipment used by the City crew on the job. However, the City crew shall not be called out on any project unless an emergency situation arises which, in the opinion of the Public wo:cks Lirector, or in his absence, the City Manager determines to be a threat to the public health and safety. In addition, the City crew shall be called out under such circumstances only after the City through the Public Worke Director, or in his absence, the City Manager has made every reasonable effort to reach the contractor responsible for the project. The contractor may set forth the telephone numbers or other means of communication on his individual permit in *_he event such an emergency situation ari3~8. 18.25.080 N~i.ification of utilities: No permit shall valid unless and unt 1: 1. The contractor has given 24 hours notice to alI utilities (including gas, telephone and electric companies) of his intention to excavate in the area proposed, and 2. All existing utility lines or pipes have been staked or otherwise clearly marked for the, contractor accomplishing the excavation contemplated, or that said utility companies have approved the individual excavation by signing off on the permit. 18.25.090 Connection with Cit Utilitiess Na permit shall be issued or the purpose of hook nq nto City utilities (water and sewer) except upon prior receipt of all connection fees required by the City. Property owners desiring to con- nect to water and sewer laterals or trunks shall make appli- cation for such connection and pay all required fees at the main office of the City. All connections to water and sewer mains shall be made by City-licensed contra :tors and insFActed by the Public Works Director or his designated representative. xt will be the responsibility of the Contractor to furnish or supply all materials necessary to make the connection and to perform all necessary excavating, pipelaying from the structure to the main, backfillinq and compacting and to re- store the roadway to its original condition. in addition, the Contractor shall provide the City with a diagram indicating the swing tie locations for such utilities. 1 a i d-O. A { the contractor shall obtain a permit from the City Public ~ Works Department for each individual street opening project or excavation sought to be performed by the contractor. ~ 18.25.020 A lication: Applications for such a permit shall be made to the Publ a vtarks Department on forms pro- vided by the department setting forth in a verified format the following: being done. 1. Name and address of the party doing the work. 2. Name and address of the party for whom the work is 3. Location of the work area. 4. vfiether a detour of traffic will be necessary. 5. Such other information and assurances as the Public Works Director shall find reasonably necessary for the issuance of a permit. 18.25.030 Ins ection Fee: An inspection fee for each permit fn the aa-~unt o $10 shall accompany an application for permit hereunder to cover the cost of all inspections performed by City personnel as provided herein, except that in the case of excavations for water and sewer tie-ins, the inspection fee provided for by this section shall be waived so as not to duplicate the inspection fee for water and sewer tie-ins required under 17.05.040(4) of this code. 18.25.040 Time Limitations: AlI permits shall be issued under the con ton t at the pzojected work be acted upon within 20 days. Extensions may be granted by the Public works Director for good cause. Said time limitations shall not apply to local utility companies. 18.25.050 Cit water Char ess The contractor shall 18.25.060 Entr and Ins ection--Im Ifed Consents The filing of an appl cat on or a perm t prow ded or erein or the making of an excavation or fill described herein shall constitute consent by the contractor srd property owner for the Director of Public Works to enter upon the property at reasonable times and to inspect and investigate the soil conditions, the progress of the excavation or fill, or any facts and circumstances related to the application, permit, excavation or fill. state on his app cat on whether he will require City water for the project. The contractor shall agree to pay the fee for the use of such water as determined by the City ordinance pertaining to water rate charges for fire hydrants. in addition, the contractor shall secure each day that water is used prior permission from the Fire Department and Public Workr~ Department before using any hydrant and shall notify the Fire Department when water has been turned off. The contractor shall agree to accept liability and to pay for any damage done to fire hydrants .improperly used. ~~~ ~__ -- sa ~- ~ 18.25.100 Standard Concerning Excavation__~lctivity: Upon securing a permit, all contL~actors shall aY,fde by thF: following standards: 1. (Repair broken lines) The contractor shall take immediate steps to repair any broken water and sewer lines and shall immediately notify the City of any damage. 2. (Project coordination) The contractor shall coordinate his work schedule with the City to insure that adequate and timely notice is given to the fire, police and utility departments, and to insure that scheduling with other construction work is closely coordinated. It shall further be the responsibility of the contractor to see that proper traffic signs, detours and safeguards are provided, and that the property owners a~fected are notified and provided with interim utility service as required. 3. (Manner of excavating) The contractor shall allow no ercava~ion or tunnel to be made in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of ad- joining ground; and in excavations the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface. No injury shall be done to any pipes, cables ox conduits in the making of such excavations or tunnels; and notice shall be given to the persons maintaining any such pipes, cables or conduits oz to the city department or officer charged with the care thereof, which are or may be endangered or affected by thz making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. 4. (Sidewalks) If any sidewalk is blocked by any such. work a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. S. (Traffic routing) Where traffic is affected, the contractor shall provide that proper signing and safeguards be in accordance with the Alaska traffic manual and shall notify the Police, Fire and Public Works Department to ob- tain clearance for the type of detour, time and other limitations imposed. Flashing lights on barricades will be required during hours of darkness. The contractor shall take appropriate measures to assure that during the per- formance of the excavation work, traffic conditions as near normal as passible shall be maintainea at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic, in accordance with the instructions of the Director of Public Works. The contractor shall maintain safe crossings for two ~~~- ~r ~a ~. lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of naL more than 300 feet. If any excavation is made across any public street, alley or sidewalk, adequate crossings shall be ru~-+iatained for vehicles and for pedestrians. 6. (Closing streets) When traffic condit:icizs permit; the Director of Public Works may, by written ~~pproval, permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary. Such written approval may require that the contractor give notification to various public agencies and to the general public. 7. (Clearance for vital structures) The excavation wozk shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, watex gates, underground vaults, valve housing structures and all other v;dal equipment unless approved on the permit by the Director of Public Works. 8. (Restoration of right-of-way) Contractors will be required to restore the public right-of-way to the grade and condition originally found, to replace gravel, paving or sealcoating, ditches, culverts, fences, signs or other improvements, unless specific authorfzati.on to the contrary is authorized in writing by the City. Failure to do so will be cause for the City to accomplish the required work, and to collect damages therefor from the contractor or his s~~rety . (a) Unpaved roadA: In the cases Of unpaved roads, contractors shall place nothing but non-frost sus- ceptible material in the area to excavate and 6 inches of good Type I gravel on the driving surface except where the existing road itself is not built according to these standards in which case the excavation shall be refilled as nearly as possible as found and in any event with compaction at 95$ or better. He shall grade the excavation and adjacent areas leaving the site in the same condition then prior to the excavation. City of Kenai code provisions pertaining to street and 8rainage con~rtruction (Art. 2, Sec. 18-12) and any and all future oxdinances of code revisions on this subject shall be complied with. Contractors shall place nothing but non-frost, susceptible material in the area excavated. (b) Paved roads: In the case of paved roads, he shall cut and not break the pavement and not undercut it. He shall place at least 6 inches of Type I material and 2 inches of leveling coarse before placing hot asphalt paving. The contractor shall maintain a compaction density of 95~a or greater and to guarantee far 1 year the area excavated against settling. Contractors shall ~; ~~ ~q also be required to guarantee the area excavate3 will not settle for a period of one year and will properly rectify at no cost to the City any area that has set- tled within that time. (c) Rights-of-way other than roads: Zn the case of rights-of-ivay which are not paved or unpaved roads, the compaction shall be 85$ or better. 9. (Clean up) As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean up operations at the location of such excavation shall be accomplished at the expense of the contractor and shall be completed to the satisfaction of the Director of Public Works. Immediately after completion of said work, the contractor shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so erithin 24 hours after having been notified to do so by the Director of Public Works, s~.i3 work may bE done by the Director of Public Works, and the cost thereof charged to the contractor, and the contractor shall also be liable for the cost thereof under the surety bond provided hereunder. The contractor shall maintain all gutters free and unobstructed for the full depth of the adjacen± curb and for at least one foot in width from the face of such curb at the gutter line. When- ever a gutter crosses an intersecting street, an adequate soatsrway shall be provided and at all times maintained. The contractor shall make provisions to take care of all surplus water, muck, silt, slickings or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. 10. (Prompt completion of work) After an excavation is commenced, the contractor shall prosecute with rzi?igence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary. 11. (Urgent work) t4tten traffic conditions, the safety or convenience of the traveling public, ar the public interest require that she excavation work be performed as emergency work, the Public Works Director shall have full power to order, at the time the partnit is granted, that a crew of men and adequate facilities be employed by the contractor 24 hours a day to the end that such excavaticn work may be completed as soon as possible. 12. (Emcsrgency action) tJothing in t.hig ordinance shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouk~le in conduit yr pine, or for making repairs, provided that the person r~akinq such exca- vation make a reasonable effort to notify police dispatch of the location of the emergency excavation. Such person excavating on an emergency basis shall apply for such a permit on the first working day after such work is commenced. 18.25.110 Ina ections All water and sewer tie-ins and construction of water and sewer connections and ex- tensions shall be inspected by the Public works Director or his designated representative prior to backfilling. It shall be the responsibility of the contractor to insure that such inspections are done. the contractor shall notify the City at least 24 hours prior to the time requested for inspection. As it concerns urgent work or emergency action as described in 18.25.100(11)(12), the City shall be respon- sible for inspecting said work and the above-described notification requirement shall not apply. 18.25.120 Sus e~nsio~n.of Individual Street Excavation Permits The Directo` r o~Pub c Vlorks, or n his absence, t e C ty Manager may by written notice suspen@ the individual project excavation permit issued pursuant to this chapter whenever: (a) The work does not proceed in accordance with the plans, as approved, yr is not in compliance with the requirements of this chapter, or other ozdinances and the State Safety Codet (b) Entry upon the property for the purposes of in- vestigation and inspection has been deniedt (c) The contractor has made a misrepresentation of a material fact in applying for the permits (d) The progress of the ,park indicates that the plan is or will be inadequate to protect the public, the adjoining property, street, utilities in the street or the excavation or fill endangers or: will endanger the public, the adjoining property, street or utilities in the streets (e) The permit has not been acted upon within 20 days or the time aliowe9 by extensions: (f) Pailure to pay City crow call out costs as billed by the City or wat+sr rata charges when applicable. d -"~ _ d -- ~ --. _.._._~T. _ ~. -v . - - - ~ .~. Upon suspension of the permit, all work thereupon shall cease iicimediately, except as authorized or directed by the Public Works Director. Permits shall be reissued when violations are corrected in a manner satisfactory to the City. 18.25.130 Appeal: The contractor may appeal the decision of the Public Works Director suspending an individual project permit by serving written notice of such appeal to the City Clerk not later than 10 days after receiving notice of suspension. The City Council will consider the appeal at its next regular meeting and the decision of the Council shall be final. 18.30.010 PENALTY: In addition to the penalty of revocation descr end above fn this chapter, any person or legal entity who shall violate any provision of this chapter by doing any act prohibited or declared to be unlawful thereby or who shall fail to do any act when such provision declares such failure to be unlawful, shall be guilty of a misdemeanors and upon conviction thereof, shall be punished by a fine not to exceed 5100. Each day upon which any such violation cont~nueg shall constitute a separate infraction. In addition to, or as an alternative to the penalty afor~s- , mentioned, any person or legal entity violating and provision , of this chapter, snail be subject to a civil penalty oaf not more than $100. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. 18.30.020 Revocation of Existin Permitss All existing excavation permits ssued pursuant to pr or Kenai Code provisions as amended are hereby revoked as of the time of the effective date of the ordinance adopting this chapter. Suah prior existing permit holders snail re-apply for the license and permit required under thie chapter except that the fee hereunder shall be adjusted to give credit for fees paid under the prior permit.