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Home My WebLink AboutR81-18 Readopting and Amending the Road Cut Permit and Road Construction Permit Resolution Adopted 1979~r RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0. 81-fig A RESOLUTION READOPTING AND AMENDING THE ROAD CUT PERMIT AND ROAD CONSTRUCTION PERMIT RESOLUTION, COUNTY OF EAGLE, STATE OF COLORADO, ADOPTED AUGUST 13, 1979, AS AMENDED AUGUST 5, 1980 WHEREAS, the Board of County Commissioners, County of_ Eagle, State of Colorado, hereinafter referred to as the "Board", did on the 13th day of August, 1979, adopt a Resolution regulating work within the public ways of Eagle County pursuant to § 30-11-107, C.R.S. 1973, as amended; and WHEREAS, the Board did on the 5th day of August, 1980, pursuant to a public hearing held the 22nd of July, 1980, amend the aforesaid Resolution to require the retention of collateral by the County for a period not to exceed one (1) year to warrant all work performed under the provisions of said Resolution; and WHEREAS, the Board did on the 4th day of May, 1981, hold a public hearing to consider amendments to the Road Cut Permit and Road Construction Permit Resolution, said amendments being set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and kTHEREAS, notice stating the time and place of the public hearing was duly given by publication in the Eagle Valley Enterprise on April 2, 1981, and April 16, 1981, respectively; and G7HEREAS, the Board has determined that said amend- ments to the Road Cut Permit and Road Construction Permit Resolution are necessary and designed for the purpose of promoting the health, safety and welfare of the inhabitants of the Eagle County and in the best interests of the people of the County and of all persons using or relying upon the public ways of the County. NOjJ, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the Road Cut Permit and Road Construction Permit Resolution of the County of Eagle, State of Colorado, as amended, is hereby amended as set forth in Exhibit "A". THAT, the entirety of the Road Cut Permit and Road Construction Permit Resolution, County of Eagle, State of Colorado, as amended, and as herein amended, is hereby readopted. THAT, this amendment and the readopt ion of the Road Cut Permit and Road Construction Permit Resolution, County of Eagle, State of Colorado, as amended, shall not constitute or be construed as waiver of any violations existing at the time of adoption o.f this Resolution. THAT, a copy of the above amendments shall be kept in the office of the Board of County Commissioners, County of Eagle, Colorado, and the office of the Eagle County Engineer, and there made available for public inspection. THAT, it shall be unlawful for any person to violate the terms of this Resolution, or of any lawful orders or regulations issued incident thereto, including, but not limited to the County Engineering Regulations, Design Standards and Construction Standards. Any such violation shall render the violator appropriate civil proceedings and/or criminal proceedings pursuant to § 43-5-301, C.R.S. 1973, as amended. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit A, be declared by a court of competent jurisdiction to be -2- invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution shall be effective May 4, 1981. THAT, this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, State of Colorado, at its regular meeting held the 4th day of May, 1981. ATTEST: By: erk of t and o ounty Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: Da e F. Grant, Chairma ,,-'--r'""' Troxel, om an williar~s , -3- ssioner ssioner EXHIBIT "A" TO RESOLUTION N0. 81- AMENDMENTS TO THE ROAD CUT PERMIT AND ROAD CONSTRUCTION PERMIT RESOLUTION, COUNTY OF EAGLE, COLORADO, AS ADOPTED AiJGUST 13, 1979, AND AS AMENDED AUGUST 5, 1980. I. Section 10 entitled "Bond" is hereby amended by the repeal and reenactment of said Section to read as follows: SECTION 10. Bond. The County Engineer shall require the applicant for a road cut permit hereunder to provide the County with a corporate surety bond, irrevocable letter of credit or cash deposit, the amount to be computed on the basis of Five ($ 5.00) Dollars per lineal foot of road cut right-of-way and Ten ($ 10.00) Dollars per lineal foot of driving surface cut, not to exceed Twenty-Five Thousand ($ 25,000.00) Dollars, to guarantee faithful performance of the conditions imposed by a road cut permit granted pursuant to this Resolution. Said collateral shall be required for both paved and graveled driving surfaces. If the Permittee will be performing continuous work on public ways, the Permittee may provide a corporate surety bond or a cash deposit in the amount of Twenty-Five Thousand ($ 25,000.00) Dollars. Said collateral shall be retained in lieu of requiring collateral for each separate portion of the project and shall not be released until the completion of all work on the public way. Continuous work as used in this Section does not include work across a public way nor noncontiguous work within one or more public ways. The Board of County Commissioners, in its sole dis- cretion, may increase or decrease the amount of collateral required; and the County Engineer, in his discretion, may increase the amount required whenever it shall appear that -4- the amount and cost of the work to be performed may exceed the amount estimated at the time of issuance of the road cut permit hereunder. The term of the bond, letter of credit or cash deposit shall run coincident with the term of the applicant's permit and, in addition, shall be for a term not to exceed one (1) year from the date of completion and acceptance by the County Engineer of all work performed under this Resolution to guarantee and warrant all work performed and completed under the pro- visions of this Resolution. The County Engineer, in his discretion, may decrease the amount required to be retained by the County during the aforesaid warranty period. If the County Engineer determines that the permittee will not perform and complete such work as required under the provisions of this Resolution within the specified time, the County Engineer may withdraw and employ from the deposit of collateral such funds as may be necessary to perform and complete the work in accordance with this Resolution. Public Utilities may submit a yearly corporate bond, without sureties. The County Engineer may in his discretion require a separate bond from a Public Utility Company if such utility company is commencing a project entailing a greater amount of road cuts in the public way than normal. II. Section 12 entitled "Permit Duration and Limits" is hereby amended by the repeal and reenactment of_ said Section to read as follows: Section 12. Permit Duration and Limits. Each permit application shall state the commencement date and estimated completion date. The permit shall be valid for the time period specified. If the work is not completed during such period, the permittee may apply to the Engineer for an additional permit or an extension which may be granted -5- ~, , by the Engineer if the requirements of this Resolution are satisfied. An additional permit or extension may be refused by the Engineer if the Engineer finds that work under the original permit, or as extended, has not been satisfactorily performed. Road cut permits shall only be issued and/or valid during the period commencing April 15 and terminating November 15 of each respective year. If weather conditions warrant such period may be extended and/or shortened by the Board of County Commissioners upon the giving of ten days prior notice by publication in a newspaper of general circulation in Eagle County. III. Section 16 entitled "Backfilling Requirements" is hereby amended by the repeal and reenactment of said Section to read as follows: Section 16. Backfilling Requirements. The Office of the County Engineer shall be notified by telephone or in writing at least 24 hours before backfilling of the work is to commence. The County Engineer and/or County Road Inspector must be on-site before backfilling of the work commences. If the work is backfilled when the County Engineer and/or Road Inspector is not present, the permit shall be subject to revocation and sufficient collateral may be used to remedy any defects and complete such work according to this Resolution. All backfill material shall be compacted in eight (8) inch lifts and shall be 3/4 inch road base. IV. Section 17 entitled "Approval" is hereby amended by the repeal and reenactment of said Section to read as follows: Section 17. Approval. Upon satisfactory completion of the work as determined -6- by the County Engineer and/or Road Inspector, said Engineer and/or Road Inspector shall sign the copy of the road cut permit held by the permittee as "Conditional Approval." Upon such conditional approval, the warranty period as specified in Section 10 hereinabove shall commence to run. Upon the expiration of such warranty period, and the satisfactory performance and completion of the work during such warranty period, as determined by the County Engineer and/or Road Inspector, said Engineer and/or Road Inspector shall sign the copy of the road cut permit held by the permittee as "Approved". The County Engineer and/or Road Inspector shall, after said work has been approved, notify the County Treasurer to release the collateral to the ermittee. The collateral shall be returned to the permittee by the County Treasurer upon receipt of written authority from the County Engineer. V. Section I9 entitled "Unsatisfactory Completion of the Work" is hereby amended by the reveal an3 reenactment-of said Section to rea3 as follows: Section 19. Unsatisfactory Completion of the Work. If the installation is determined to be unsatisfactory by the inspector, the permittee shall be so notified at the time of the inspection. This notification can be made on the permittee's copy of the road cut permit in the area of "Inspection Remarks". A re-inspection date may be set at this time or the permittee may be notified that the collateral submitted shall be used to correct any defects. VI. Section 24 entitled "Insurance" is hereby amended by the repeal and reenactment of said Section to read as follows: -7- r Section 24. Insurance. Before being issued the permit, each applicant shall provide the County with a certificate of insurance in an amount and form acceptable to the County Attorney indicating that the applicant is insured against claims for damages for personal injury and for property damage which may arise from or out of the performance of the work, whether such perfor- mance be by himself, his subcontractor, or anyone directly or indirectly employed by him. The insurance required shall cover (but such coverage shall not be limited to) Workman's Compensation Insurance, motor vehicle liability insurance, and liability insurance pertaining to collapse, explosive hazards and underground work, and shall include protection against liability arising from completed operations. Exclusions of explosive hazards, collapse or liability from underground operations may be approved by the Engineer, in his discretion, but such exclusions must be clearly speci- fied on the certificate or certificates of insurance furnished to the County. A Public Utility Company may be relieved of the obligation of submitting certificates of insurance if it shall submit satisfactory evidence in advance that it is insured, or has adequate assets and provisions for self-insurance. A letter signed by the President of the Company will meet this require- ment. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit. VII. Section 28 entitled "Listing of Facilities in Public Ways" is hereby amended by the repeal and reenactment of subsection (B) of said Section to read as followsz -8- Section 28. Listing of Facilities in Public Ways. B. Within ninety (90) days after the first day of January of each and every respect: submittal of the aforesaid map or person, without further request, map or written statement by notif~ and/or Road Inspector of any Chan; the previous respective year. ive year following the written statement, such shall annually update such ying the County Engineer des which have occurred in VIII. The Road Cut Permit and Road Construction~Permit Resolution, County of Eagle, Colorado, as amended, is hereby-amended by the enactment of Section 37 entitled "Appeal" to read as follows: Section 37. Appeal• Any person, applicant and/or permittee aggrieved b a decision of the County Engineer and/or Road Inspector made pursuant to the provisions of this Resolution may appeal such decision to the Board of County Commissioners. Such appeal shall be in writing and filed with the Board within twenty ~ -~ (ZO} days of the decision complained of. The Board of County Commissioners shall hear such Appeal, if written request therefor be timely filed, as soon as practicable and render their decision within a reasonable time following Notice of such Appeal. IX. The Road Cut Permit and Road Construction Permit Re- solution, County of Eagle, Colorado, as amended, is hereby amended by the enactment of Section 38 entitled "Relocation" to read as follows: Section 38. Relocation. In the event the County of Eagle widens and/or other- wise alters a public way within the County which will require the relocation and/or removal of utilities lines, installations and/or other facilities placed therein by a permittee pursuant to the provisions of this Resolution, the permittee shall -9- ~v 1 4 remove and/or relocate, without unnecessary delay, such utilities, installations and/or facilities within such public way upon the receipt of advance written notice from the Board. Such relocation and/or removal shall be at permittee's sole expense. -lo-