Chapter 12.12 - Right-Of-Way Openings for Subsurface Utilities

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12.12.010 Applicability.

The following specifications shall apply to excavators, which term includes any person, contractor, partnership, corporation, municipality, special district, or other governmental entity, who for any reason cuts, disturbs, or otherwise defaces any county property being a public right-of-way for purposes of installing or repairing or for any reason pertaining to the presence of an underground utility or structure. (Res. 79-120 § 1.1)
 

12.12.020 Plans to be submitted before work begins.

Plans and profiles for any work affecting grade and alignment shall be required to be submitted to the Pueblo County Road and Bridge Department for approval before starting any such work. (Res. 79-120 § 1.2)
 

12.12.030 Hold harmless agreement.

The excavator acquiring a permit for the purpose of performing work on any county property, being a thoroughfare or right-of- way, is assumed to be familiar with and at all times shall observe and comply with all federal and state laws, local by-laws, ordinances and regulations in any manner affecting the conduct of his or her work. He or she shall indemnify and save harmless the county of Pueblo, in the state of Colorado, and its representatives against any claims arising from any violation of such law, by-law, ordinance or regulation; whether by the excavator himself or by the excavator’s employees. The county of Pueblo reserves the right to refuse issuance of permits to any excavator not complying with the above-outlined procedures or with the following specifications. (Res. 79-120 § 1.3)
 

12.12.040 Bonding, insurance and warranty requirements.

A. Before the county shall issue a permit to any excavator, that excavator shall have on file with the County Road and Bridge Department a valid license and permit bond in the amount of two thousand five hundred dollars ($2,500.00). Such bond shall be for the benefit of the County Road and Bridge Department, and shall assure recovery by the Department of any expense incurred by the Department in completing work begun, but not finished, by the excavator in accordance with these regulations and specifications. Such bond shall be in force for at least sixty (60) days beyond the anticipated completion date of any work for which a permit is being applied for.
B. Before the county shall issue a permit to any excavator, that excavator shall show evidence of a valid and in-force bodily injury and property damage liability insurance policy, with minimum limits of three hundred thousand dollar ($300,000.00) combined single limit coverage. Such policy shall be for the protection of the county from all suits, actions or claims of any type for injuries or damages allegedly sustained by any person or property on the premises or as a result of the operations or completed operations of the work. Such policy shall specifically cover the acts and operations of any subcontractors or independent contractors of the excavator, in addition to the excavator’s employees or agents.
C. In addition to the bonding and insurance requirements of subsections A and B of this section, the excavator personally, by applying for and obtaining a permit, agrees to be liable to the county for any expenses incurred by the county because of the excavator’s acts or omissions relating to the work, and the excavator shall hold the county harmless from any claims of anyone else arising from or relating to the work. This shall include, but not be limited to, a warranty by the excavator of the work and all materials and labor used in the work, and such warranty shall run for one year from the completion of the work and shall guarantee that no further repairs or maintenance shall be required at the work site due to any defect or omission in the work or that the excavator will adequately and properly provide and complete any such repairs or maintenance. For any work on a job with a construction price of twenty-five thousand dollars ($25,000.00) or more, this requirement shall be satisfied by the posting of a surety performance bond providing such a one-year warranty.
D. The Pueblo County Road and Bridge Department may, at its discretion, exempt an excavator from the bonding requirements of subsection A of this section and from the insurance requirements of subsection B of this section. Such exemption may be granted upon a showing by the excavator of alternative arrangements satisfactory to the Pueblo County Road and Bridge Department. In determining whether to so exempt a particular excavator, the Pueblo County Road and Bridge Department shall consider the reliability of any alternative bonding or insurance devices proposed by the excavator, the financial condition and solvency of the excavator, the presence in Pueblo County of fixed assets sufficient in value to cover any expenses or problems caused by the excavation, the length of time the excavator has done business in Pueblo County, the previous track record of the excavator in regard to expenses or problems of prior excavations, the existence of a long-term or comprehensive policy of self-insurance by the excavator, and other factors increasing or decreasing the likelihood of expense and harm to Pueblo County from the excavation. (Res. 79-120 § 2)
 

12.12.050 Permits.

A. Prior to commencing any work on any county right-of-way, the excavator who will actually perform the work or his or her duly authorized representative shall obtain written permission to undertake such work in accordance with the following provisions.
B. Permits issued by the County Road and Bridge Department shall pertain only to allowing work within the county-owned rights-of-way and is in no way a permit to enter onto private property adjacent to such rights-of-way nor to alter or disturb any facilities or installations existing within the right-of-way which may have been installed and are owned by others.
C. Fees shall be assessed for permits and inspections at the time of issuance of the permit. The amount of these fees shall be established to cover the actual cost to the county of Pueblo incurred in the enforcement of these regulations and as approved by the Pueblo County Board of County Commissioners.
D. Permits issued shall be available for inspection at the project site at all times. The permit shall be shown to any representative of the Pueblo County Road and Bridge Department upon request.
E. Permits shall be required for emergency repairs; however, a delay of seventy-two (72) hours is granted in securing the permit. Failure to acquire a permit within this specified time shall result in a penalty permit being issued.
F. The work of adjusting manhole rings and service boxes at the request of Pueblo County shall be exempt from requiring a permit.
G. Any excavator commencing work prior to obtaining a right-of-way cutting permit, except as provided herein, shall be required to obtain a penalty permit in lieu of the normal permit; and shall pay the additional fee pertaining thereto. (Res. 79-120 § 3)
 

12.12.060 Public convenience and safety.

A. If an opening shall cross a roadway, only one-half of the roadway shall be closed at one time. However, should the work being done necessitate closing the roadway a written request must be submitted to the Pueblo County Road and Bridge Department at the time of obtaining the permit. The request may be granted at the discretion of the Pueblo County Road and Bridge Department, in writing, after the applicant has provided the county with the written request. The county will notify the Pueblo County Sheriff’s Department, the Colorado State Highway Patrol Division, the ambulance services and the fire protection districts of said closing specifying the exact location, date and time the roadway will be closed.
B. Should an emergency arise which will necessitate closing a roadway, written permission shall be waived. However, the excavator must notify all of the agencies listed in subsection A of this section and the Pueblo County Road and Bridge Department immediately.
C. The excavator shall, at his or her expense, take all necessary precautions for the protection of his or her work and the safety of the public. Where normal traffic flow is to be interrupted, the excavator shall provide, erect and maintain all necessary barricades, standard caution signs, warning signs, directional signs, flares and lights. These signs and their placement shall comply to the Colorado State regulations which pertain.
D. All barricades and signs shall be illuminated at night and during adverse weather conditions. All illumination devices shall be kept burning from sunset until sunrise or until the visibility is safe enough to warrant such devices to be extinguished. (Res. 79-120 § 4)
 

12.12.070 Right-of-way openings.

A. Any work done under this permit shall result in repairs being made to the street or other county property involved, such repairs causing the street or property to be returned to a condition equal to the original, within the limits of careful, diligent workmanship, good planning and quality materials. These repairs must be accomplished in the least possible time and with the least disturbance to the normal function of the street or other property. All shallow cuts shall be made with straight boundaries and all cuts shall be within five degrees of vertical. In cases where caving or slump of a cut face occurs from under any roadway surfacing, slab or bound type base the dimensions of the cut shall be extended to the point of occurrence of caving or slump.
B. All work in connection with blasting operations, including necessary and proper safety precautions, shall be performed under the supervision of the Pueblo County Road and Bridge Department. The excavator shall comply with all laws, ordinances and regulations and requirements of applicable safety codes relative to the handling, storage and use of explosives and the protection of life and property, and he or she shall be responsible for all damages thereto caused by his or her blasting operations. Suitable weighted plank coverings or mattresses shall be provided to confine all materials lifted by blasting within the limits of the excavation or trench.
C. Except where trench banks are cut back on a stable slope to prevent caving or sliding, trenches shall be properly and substantially braced, and sheeted where necessary, to prevent caving or sliding. Sheeting shall be supported by means approved by the Pueblo County Road and Bridge Department. Cross braces installed for the purpose of supporting sheeting in the bottom of the trench shall be removed after the specified tamper embedment has been completed beyond the point of cross brace removal.
D. No openings shall be permitted on any asphalt streets in Pueblo County right-of-way that are under three years old. This shall also include streets which have been resurfaced or plant mixed sealed which are under three years old. This provision may be waived at the discretion of the Pueblo County Road and Bridge Department if the contractor shall meet with representatives of Pueblo County Road and Bridge Department and thoroughly review his or her plans for the proposed job. A list of streets to which this provision applies is available at the Pueblo County Road and Bridge Department. This provision, however, shall not prohibit any emergency utility work which must be performed. (Res. 79-120 § 5)
 

12.12.080 Backfill.

A. All backfill materials, compaction and resurfacing of any excavation made in the county property will be done in accordance with the provisions as follows: backfilling and compacting shall begin after first having properly bedded and compacted to a depth of not more than one foot over the top of the structure or utility line being installed or repaired in accordance with the specifications of the person or corporation responsible for the maintenance of the structure or utility line.
B. Materials acceptable for backfill purposes are divided into two categories as follows:
1. Native Backfill: that material which was originally removed from excavation, after having had all organic material, frozen material, material larger than that which will pass a three-inch square opening, or other elements other than natural soils removed and discarded. This type will be acceptable to the Pueblo County Road and Bridge Department.
2. Select backfill: that granular material meeting the requirements as stated under the Bed Course Material Item Class 1 backfill or Class 2 backfill, of the Standard Specifications for Road and Bridge Construction, Department of Highways, State of Colorado (current issue), or materials falling within AASHO Classifications A-1-a or A-1-b under Specification M-145 except that materials of predominately one grain size, such as chips, pea gravel or single sized waste from screening plants that are within these classifications may not be used, and materials in these classifications which do not pass a three-inch square opening shall be omitted. The excavator may, at his or her option, remove any native backfill and substitute therefore select backfill materials. (Res. 79-120 § 6)
 

12.12.090 Compaction.

Compacting of backfill must progress by placing of backfill in eight-inch lifts thoroughly compacted and wetted if necessary to achieve densities according to the following:
A. Materials of AASHO Classifications A-1-a or A-3 shall be consolidated by jetting, puddling, rolling or vibrating.
B. Materials of AASHO Classification A-1-b shall be compacted to ninety-five (95) percent of modified Proctor Density.
C. Materials of AASHO Classification A-2 and A-4 through A-7 shall be compacted to ninety-five (95) percent of Standard Proctor Density. (Res. 79-120 § 7)
 

12.12.100 Compaction tests.

A. Compaction tests shall be taken on longitudinal or crosscuts at the request of the Pueblo County Road and Bridge Department. The tests shall be taken at the depth and location specified by the county and shall meet the requirements specified in Section 12.12.090.
B. The excavator shall have the compaction tests conducted by an approved testing laboratory. A copy of the results shall be furnished to the Pueblo County Road and Bridge Department no later than five days after the test is conducted.
C. Compaction tests do not relieve the contractor of his or her obligation to maintain said repairs as guaranteed under Section 12.12.040(C). (Res. 79-120 § 8)
 

12.12.110 Resurfacing.

A. After proper backfill procedures are completed in accordance with the preceding requirements the vacant depth shall be surfaced to a condition equal to or better than the existing surface. Permanent repairs shall begin within twenty-four (24) hours after backfilling is completed on streets or highways designated by the Road and Bridge Department and continue until all repairs are made. On all other streets or highways permanent repairs shall be completed within a period of fifteen (15) calendar days. At the discretion of the Pueblo County Road and Bridge Department, a delay of up to seven days in the time designated for initiation or completion of repairs may be granted. The twenty-four (24) hour designation will be noted on the permit at the time of issue. The following minimum standards shall apply to all resurfacing done in the county.
B. Gravel Surfaced Roads. Backfill shall be placed to within twelve (12) inches of the surface, and the twelve (12) inch vacant depth shall be filled with thoroughly tamped granular material meeting the requirements specified under the aggregate for Bases Item, Class 6 of the Standard Specifications for Road and Bridge Construction, Department of Highways, State of Colorado (current issue), or materials extracted at the same precise location with the approval of the County Engineer.
C. Soil Cement Surfaced Roads. Backfill shall be placed within eighteen (18) inches of the surface, and granular material described in subsection B of this section shall be placed and thoroughly compacted to within eight inches of the surface. The eight-inch vacant depth shall be filled with five and one-half sacks per cubic yard portland cement concrete, which shall be struck and floated to match adjacent undisturbed surface. Ninety-five (95) percent of patched surface shall match the plane of the adjacent surface, when measured by means of a six-foot straight edge or beam, within one-eighth inch.
D. Portland Cement Surfaced Roads. Backfill shall be placed within eighteen (18) inches of the surface or ten (10) inches below the bottom of the existing slab, whichever is the deepest, and the next ten (10) inches shall be filled with thoroughly compacted granular material as described in subsection B of this section. The eight-inch minimum vacant depth shall be filled with six and one-half sacks per cubic yard portland cement concrete which shall be struck and floated to match adjacent undisturbed surface. Ninety-five (95) percent of this patched surface shall match the plane of the adjacent undisturbed surface, when measured by means of a six-foot straight edge or beam, within one-eighth inch.
E. Asphaltic Concrete Surfaced Roads. Backfill material shall be placed within twelve (12) inches of the surface. Granular material described in subsection B of this section shall be placed and thoroughly wetted and compacted to within four inches of the surface. Prior to placing of asphaltic concrete, the edges of the cut and the top of the granular material shall be coated with a prime oil of MC-70 at not less than 0.30 gallons per square yard. The four-inch vacant depth shall be filled with asphaltic concrete in two-inch lifts and thoroughly compacted. Asphaltic concrete for this purpose shall be mixed with asphaltic cement of the AC-10 type or equal. Ninety-five (95) percent of this patched surface shall match the plane of the adjacent undisturbed surface, when measured by means of a six-foot straight edge or beam, within one-eighth inch.
1. Required Overlay. Overlay of the entire street width and ten (10) feet beyond each end of damaged area may be required, at the discretion of the Road and Bridge Department, when utility installation is made longitudinally within five feet of, or on the centerline of the paved street for a length of seventy-five (75) linear feet or more. For lengths less than the above-stated, the repairs and/or overlays must be made as shall be agreed to by the excavator and the County Inspector, prior to obtaining a permit.
Overlay of one-half of the entire street width and ten (10) feet beyond each end of damaged area shall be required when utility installation is made longitudinally within the area five (5) feet from centerline and edge of paved street for a length of seventy-five (75) linear feet or more. Again for lengths less than the above-stated, the repairs and/or overlays must be made as shall be agreed to by the excavator and the County Inspector, prior to obtaining a permit.
Overlay of the entire street width and ten (10) feet beyond each end of incorporated damaged area shall be required when two or more lateral utility installations are made within seventy-five (75) linear feet of street length. Three or acre lateral utility installations within one hundred fifty (150) linear feet of street length and five or more lateral utility installations within three hundred (300) linear feet of street length will also require full street width of overlay.
The minimum compacted depth of the asphaltic concrete overlay shall be five-eighths inch with edges feathered as much as possible eliminating the fracturing of the mix aggregate. The areas of overlay shall require a tack coat of MC-70 or CSS-l at the rates to be determined by the County Inspector.
2. The overlay described in subsection (D)(1) of this section must be placed by a mechanized self-propelled paver and finished in a good workmanlike manner and good commercial practices.
F. During certain times of the year when hot plant-mixed asphalt is unavailable, cold plant-mixed asphaltic concrete may be placed using above-stated procedures, however, this shall not be considered a permanent patch, and the excavator shall maintain this temporary patch as required to insure proper and safe movement of traffic until such tine as a permanent patch is installed. The responsible excavator shall install a permanent patch with hot asphaltic concrete within fifteen (15) days following the availability of the proper material.
G. At the conclusion of work on any street, cut or opening within the Pueblo County-owned right-of-way, the entire area shall be left in its original condition. All waste construction or excavated materials shall be removed from the site and disposed of within seventy-two (72) hours. Any ditches, gutters, culverts or drain pipes shall be left unblocked and in a condition as good as or better than the original condition. (Res. 79-120 § 9)
 

12.12.120 Inspections.

A. The Pueblo County Road and Bridge Department Inspector shall be notified twenty-four (24) hours in advance of making any type of cut or doing any excavation in county-owned right-of-way except as stated in Section 12.12.130(B).
B. Inspections during the construction period will be made by the county to insure that work is processing in compliance with the regulations stated herein. Deviation from these regulations and requirements will be sufficient reason for shut down orders to be issued by the county until proper corrections or adjustments have been made by the excavator.
C. Before a pavement section is replaced (patched), the excavator shall notify the County Inspector as to the date such work is proposed. Failure of notification may result in a demand to have such work redone in order to pass a final inspection.
D. Upon satisfactory completion of work, including the replacement of paved sections and gravel road repairs, a final inspection shall be made. Upon the county’s approval, the permit is then released. However, the excavator is still held liable for his or her work as stated in Section 12.12.040(C). (Res. 79-120 § 10)
 

12.12.130 Emergency work.

A. Nothing in this chapter shall be interpreted to prevent said excavator from performing emergency work prior to obtaining a permit.
B. Pueblo County Road and Bridge Department shall be notified immediately after an emergency utility cut is made. In all other cases, a twenty-four (24) hour advance notification shall be required. (Res. 79-120 § 11)
 

12.12.140 Notice to excavators.

A. Failure on the part of the excavator to properly prosecute the work of resurfacing, which will necessitate the performance of work by the Pueblo County Road and Bridge Department forces, shall be charged to the excavator as follows:
First square yard: fifty-six dollar ($56.00) minimum charge
Next four square yards at twelve dollars and fifty cents ($12.50) per square yard
All additional square yards at ten dollars ($10.00) per square yard.
B. Costs of placing barricades and/or interim repairs required due to the failure of the excavator to maintain safe conditions will be billed to the contractor. (Res. 79-120 § 12)
 

12.12.150 Permit fee schedule.

A. Cross Street Cuts. The minimum fee for any cross street cut and/or opening will be eight dollars ($8.00) per cut plus a two dollar ($2.00) permit fee. More than one cross street cut may be included within a single permit with an additional charge of five dollars ($5.00) per cross street cut providing that additional cut within the same block of the same street. This is in effect a ten dollar ($10.00) minimum charge.
B. Street Cuts. The minimum fee for any cut or opening not exceeding in length that which is the width of the street will be eight dollars ($8.00) per cut plus a two dollar ($2.00) permit fee. More than one cut or opening per above may be included within a single permit with an additional charge of two dollars and fifty cents ($2.50) per cut providing that additional cut is within the same block of the same street. This is in effect a ten dollar ($10.00) minimum charge.
C. Longitudinal Street Cuts. Longitudinal cuts will be charged according to the following schedule:
Zero to three hundred (300) feet: eight dollars ($8.00).
Three hundred one (301) feet or more: eight dollars ($8.00) plus five cents ($.05) per linear foot for every foot over three hundred (300) feet.
The minimum charge will be eight dollars ($8.00). This is in addition to a two dollar ($2.00) permit fee. This is in effect a ten dollar ($10.00) minimum charge.
D. Utilities Poles. No fee will be required in cases where the only work to be done is the placement of poles for utilities or other purposes in the public right-of-way, provided that the graded or paved portion of the roadway is not cut into or otherwise disturbed.
E. Penalty Permit. This permit shall be issued to any excavator commencing work prior to obtaining a basic right-of-way cutting permit. The fee for this permit shall cover the foregoing plus a penalty of one hundred dollars ($100.00). (Res. 79-120 § 13)