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HomeMy WebLinkAboutR1979-28 Road Cut Permit and Road Construction Permit 41 11r 4 111 1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO ROAD CUT PERMIT AND ROAD CONSTRUCTION PERMIT RESOLUTION WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board ", did on the 26th day of June, 1975, pass a resolution regulating work within the public ways of Eagle County; and WHEREAS, the Board desires to amend said resolution and to require a road construction permit and fee to cover costs of ex- penditures by the County for inspection and spot checks of the quality control of the construction of any public way i.e. material graduation, material compaction and horizontal control, pursuant to Section 30 -11 -107, C.R.S. 1973, as amended; and WHEREAS, the Board determines and finds that the public in- vestment in the public ways of Eagle County is a substantial and valuable investment which must be protected for the benefit of the people of the County and of all persons who use or rely upon the public ways of the County for transportation, communication, telephone service, water, utility, and other services, and drainage; and WHEREAS, the Board determines and finds that work within the public ways must be regulated in the interest of the public health, welfare and safety for the protection of the people of the County and of all persons using or relying upon said public ways; and WHEREAS, that the regulations hereinafter adopted are reason- able 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners, County of Eagle, State of Colorado: SECTION 1. Definitions A. "Applicant" shall mean any person who makes applica- tion for a road cut and /or road construction permit. B. "County" shall mean Eagle County, Colorado. C. "Engineer" shall mean the County Engineer of the County of Eagle. -2- M D. "Emergency" shall mean any unforseen circumstance or occurrence, the existence of which constitutes a clear and imme- diate danger to persons or property. E. "Engineering Regulations, Construction Specifica- tions, and Design Standards" shall mean such Engineering Regulations, Construction Specifications and Design Standards as may be prepared by the County Engineer and adopted by the Board of County Commissioners. F. "Permittee" shall mean and include any natural per- son, partnership, firm, association, public utility company, corpora- tion, company, special district or organization of any kind. G. "Permit" shall mean road cut permit and /or road construction permit. H. "Public Utility Company" shall mean any company sub- ject to the jurisdiction of the State Public Utilities Commission, or any mutual non - profit corporation providing gas, electricity, water, telephone, or other utility products or services for use by the general public, but shall not include "special districts ". I. "Special Districts" shall mean any school district, rural irrigation company or other quasi - municipal entity organized under the laws of the State of Colorado, such as those which are the subject of Title 32, Colorado Revised Statutes of 1973, as amended. J. "Public Way" shall mean and include all public rights - of -way, roads and highways. A Public Way shall be considered under this Resolution when recorded by a subdivision plat, a deed of title, or by common usage sufficient to establish a prescriptive right. K. "Work Site Restoration" shall mean and include the restoring of the original ground or paved surface to the same (or better) condition than the condition which existed before construction commenced, and shall include but not be limited to repairs, clean -up, backfilling, paving, re- seeding and other work necessary to place the site in accept- able condition following the conclusion of the work. SECTION 2. Construction of Resolution A. As used herein, the singular shall include the plural and the masculine shall include the feminine and neuter. B. This Resolution shall be liberally construed, so as to effect the intention hereof to protect and preserve the public ways of the County for the uses thereof, and for the protection of the people of Eagle County and of all persons using or relying upon the public ways of the County. SECTION 3. Unlawful to Work in or on any Public Way Without Permit and Compliance It shall be unlawful for any person to make, construct, reconstruct, or alter any opening, excavation, tunnel, sidewalk, curb, gutter, street, or to perform any other work of any kind within the public way which will result in physical alteration thereof, unless such person shall 7 -J- first have obtained a road cut and /or road construction permit for the performance of such work, and unless such work shall be performed in conformity with the terms and provisions of this Resolution and of the permit or permits issued hereunder, except as hereinafter specifically provided. SECTION 4. Applications for Permits Each and every person desiring to perform any work of any kind described in Section 3 above made subject to regulation by this Resolution, in a public way within this County shall make application for a road cut and/ or road construction permit. Such application shall be filed with the Engineer on a form to be furnished by the Engineer. When necessary in the judgment of the Engineer to fully determine the relationship of work proposed, to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the Engineering Regulations, Construction Specifications and Design Standards, the En- gineer may require the filing of Engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit deter- mination of such relationship or compliance, or both; and the application shall be deemed suspended until such plans and sketches are filed. The scheduled commencement date and scheduled completion date shall be sub- mitted with the permit application. SECTION 5. Commencement of Work - Approval or Disapproval of Application A. No work shall be commenced until the Engineer has approved the application and until a road cut and /or road construction permit has been issued for such work, except as specifically provided to the contrary in this Resolution. B. Within three working days of the filing of any appli- cation, the Engineer shall approve or disapprove the same, stating in writing the reasons for his disapproval, if the application be disapproved; however, that the time for approval or disapproval may be extended by the Engineer if necessary in his judgment to allow the checking of plans, sketches and specifications submitted, but no such extension of time for approval or disapproval shall exceed thirty days from the date of filing of required plans, sketches and specifications. The time during which an application is suspended awaiting the filing of plans, sketches or . specifications, shall not be included in the computation of time here- under. C. If the application is approved the County Engineer and /or Road Inspector shall sign said application as "Approved ". D. The disapproval of an application by the Engineer may be appealed by the applicant to the Board of County Commissioners by the filing of a written Notice of Appeal within ten days of the action of the Engineer. 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. E. In approving or disapproving work within the public way; or permits therefor in the inspection of such work; in reviewing plans, sketches or specifications; and generally in the exercise of the authority conferred upon him by this Resolution, the Engineer shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons which have no relationship to the use, preservation or protection of the public way or the use thereof. SECTION 6. Connections with Special Districts; and Notices to Owners Abutting and Adjoining A. Applications for work connecting to a special dis- trict property must be approved by the special district involved, as well as by the Engineer. B. If the work to be undertaken by the permittee will affect the use of properties abutting or adjoining the project, the permittee shall notify the affected property owners and tenants of the proposed work to be done. C. If the work to be undertaken by a permittee will affect other sub - surface installations in the vicinity of the proposed opening, the permittee shall notify the owners of such facilities of the proposed work and shall obtain their signature on the permit form. No application shall be accepted by the Engineer until the applicable signatures have been obtained. SECTION 7. Additional Permits Required The applicant shall be required to obtain all necessary permits from other governing agencies, including but necessarily limited to: Industrial Commission of Colorado Colorado Water Quality Control Commission Colorado State Highway Department Issuance of a permit by the County shall in no way be interpreted as re- lieving the applicant from this requirement. SECTION 8. Notice to County Engineer The applicant shall notify the County Engineer in writing of his pro- posed plans upon said public ways prior to the issuance of a road cut and /or road construction permit. SECTION 9. Permit Fees A fee of Fifteen ($15.00) Dollars shall be required for each road cut permit issued. The County Engineer may increase the road cut permit fee, not to exceed Fifty ($50.00) Dollars, upon a determination that the cost and expense in the administration of this Resolution has in- creased. A fee of Two Hundred Fifty ($250.00) Dollars per thousand feet of public way shall be required for each road construction permit issued. Said fee shall be used for inspection and spot checking of the quality control of any work performed on a public way i.e. material -5- graduation, material compaction and horizontal control. Said fees are non - refundable and shall be placed in the County General Fund of the County and used to offset the cost of administration of this Resolution. Said fees may be refundable in the discretion of the Board of County Commissioners upon proper appeal by the permittee. 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, irrevo- cable 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 Per - mittee 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 Sec- tion does not include work across a public way nor noncontiguous work within one or more public ways. The Board of County Commissioners, in their sole discretion, may increase or decrease the amount of col- lateral required; and the County Engineer, in his sole discretion, may increase the amount required whenever it shall appear that the amount and cost of the work to be performed may exceed the amount es- timated 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. Ten percent (10 %) of the a- mount submitted may be retained for a period not exceeding one (1) year to warrant all work performed under the provisions of this Resolu- tion. 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 neces- sary to perform and complete the work in accordance with this Resolu- tion. 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. -6- SECTION 11. Permit Fees and Bond to County Engineer All amounts to be paid by the permittee shall be submitted to the Office of the County Engineer. The permit fee and bond shall be submitted separately. The required bond shall be held by the County Treasurer'and shall be non - interest bearing. SECTION 12. Permit Duration and Limits Each permit application shall state the commencement date and esti- mated completion date. The permit shall be valid for the time per- iod 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 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 per- formed. SECTION 13. Assignment of Permits Permits shall not be transferable or assignable, and work shall not be performed under a permit, in any place other than that specified in the permit. Nothing herein contained shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this Resolution under said permit. SECTION 14. Permit or Permit Number on Job Site Either a copy of the permit, or the permit number, or both, shall be kept on the job site at all times as work is in progress. SECTION 15. Compliance with Engineering Regulations, Design Standards and Construction Specifications All work performed in the public way shall in all respects conform to the requirements of the Engineering Regulations, Design Standards and Construction Specifications of the County. 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 re- medy any defects and complete such work according to this Resolution. Backfill material, as provided in Supplemental Sheet No. 2 attached hereto and incorporated herein by this reference, must be compacted in six inch lifts. The last 12 inches of material used for backfill shall be crushed rocks or gravel. -7- SECTION 17. Approval Upon satisfactory completion of the work 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 permittee. The collateral shall be returned to the permittee by the County Treasurer upon receipt of written authority from the County Engineer. SECTION 18. Inspection The criteria to which the road cuts will be inspected is set forth in Supplemental Sheet No. 2, attached hereto and incorporated herein by this reference. Any other inspection requirements will be noted on the permit application. 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 application in the area of "Inspection Remarks ". A re- inspection date may be set at this time or the permittee may be notified that the col- lateral submitted shall be used to correct any defects. SECTION 20. Emergency Work Any person maintaining pipes, lines or facilities in the public way may proceed with work upon existing facilities without a permit when emer- gency circumstances demand the work to be done immediately, provided a permit could not reasonably and practicably have been obtained beforehand. Any person commencing emergency work in the public way without a permit shall immediately thereafter apply for a permit or give notice on the first regular business day on which County offices are open for business after such work is commenced, and a permit may be issued which shall be retroactive to the date when the work has begun, in the dis- cretion of the Engineer. SECTION 21. Suspension or Revocation of Permits and Stop Orders Any permit may be revoked or suspended by the Engineer, after notice to the permittee for: A. Violation of any condition of the permit or of any provision of the Resolution. B. Violation of any other provisions of any other Resolu- tion of the County or law relating to the work. C. Existence of any condition or the doing of any act which does constitute or may constitute or cause a condition endangering life or property. A suspension or revocation by the Engineer, and a stop order, shall take effect immediately upon thereof by the Engineer and notice to the person performing the work in the public way. • -8- A stop order may be issued by the Engineer directed to any person or persons doing or causing any work to be done in the public way with- out a permit, or in violation of any provision or provisions of this Resolution, or whenever, the Engineer shall suspend or revoke a permit. Any suspension or revocation or stop order by the Engineer may be appealed by the permittee to the Board of County Commissioners, by filing a written notice of appeal within ten days of the action of the Engineer. The Board of County Commissioners shall hear such appeal, if written request therefore be timely filed, as soon as practicable, and render their decision within a reasonable time following filing of notice of appeal. SECTION 22. State Highway Permits Holders of permits for work in the public way within the boundaries of the County, issued by the State Highway Department of the State of Colo- rado shall not be required to obtain permits from the County under the provisions of the Resolution; nor shall any County permit be construed to permit or allow work in a State Highway within the County without a State permit. Holders of permits for work in the public way within the boundaries of the County which also passes through an incorporated town shall be required to obtain permits from the County and said town. SECTION 23. Default in Performance Whenever the Engineer shall find that a default has occurred in the per- formance of any term or condition of the permit, written notice thereof shall be given to the principal and the surety on the bond if there is a surety bond. Such notice shall state the work to be done, the esti- mated cost thereof, and the period of time deemed by the Engineer to be reasonably necessary for the completion of the work. In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, and the requirements of public safety and for the protection of persons and property), shall fail either to commence and cause the required work to be performed with due diligence, or to indem- nify the County for the cost of doing the work, as set forth in the no- tice, the County may perform the work, at the discretion of the Engineer, with County forces or contract forces or both, and suit may be commenced by the County Attorney against the contractor and bonding company and such other persons as may be liable, to recover the entire amount due to the County on account thereof. In the event that cash has been de- posited, the cost of performing the work may be charged against the amount deposited, and suit brought for the balance due, if any. SECTION 24. Insurance Before being issued the permit, each applicant shall provide the County with a certificate of insurance in form acceptable to the Engineer indi- -9- cating that the applicant is insured against claims for damages for per- sonal injury and for property damage which may arise from or out of the performance of the work, whether such performance 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) Workmen's Compensation Insurance; and motor vehicle liability insu- rance, collapse, explosive hazards and underground work, and shall in- clude protection against liability arising from completed operations. Exclusions of explosive hazards, collapse or liability from under- ground operations may be approved by the Engineer, in his discretion, but such exclusions must be clearly specified on the certificate or certificates of insurance furnished to the County. The Engineer shall prescribe the amounts of insurance required; provided, however, that such insurance shall not be less than that re- quired for the performance of such work licensed contractors under the Building Code of the County. A Public Utility Company may be relieved of the obligation of sub- mitting certificates of insurance if it shall submit satisfactory evi- dence in advance that it is insured, or has adequate assets and provi- sions for self- insurance. A letter signed by the President of the Com- pany will meet this requirement. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit. SECTION 25. Maintenance of Improvements The permittee shall maintain the installation at all times and agrees to hold the County, the agencies thereof, and their officers and employees harmless from any and all loss and damage which may arise out of or be connected with the installation, maintenance, alteration, removal of the installation of the facilities constructed under a permit issued in ac- cordance with this Resolution. SECTION 26. Relocation as a Result of Maintenance or Reconstruction of Public Facilities The permittee shall be responsible for shutting of lines and removing all combustible materials within the public way and /or removing and relocating any facilities constructed under a permit issued in accor- dance with this Resolution and shall do so at his expense upon written request from the Engineer. SECTION 27. Opening New Streets If by approval of the Engineer, a permit is issued to open any newly paved or rebuilt road surface less than five (5) years old, restoration work may be required to be performed to higher engineering standards than those ordinarily required, so that the quality of restoration shall • 416 -10- be and remain in conformity with the quality of the surface generally, and all charges to be paid by the permittee in connection with engineer- ing, inspection and restoration of the surface shall be charged accor- dingly to the permittee even though higher than the rates normally set forth in the schedule or charges maintained by the Engineer. SECTION 28. Listing of Facilities in Public Ways A. Every person, owning, using, controlling or having an interest in pipes, conuits, ducts, or other facilities within any public way, shall upon request by the Engineer, file with the Engineer within 120 days after the date of such request, a large map or a written statement identifying the public ways wherein the aforementioned facili- ties owned by such person are located, together with their location therein, provided, however, that the requirement to furnish such map or statement may be excused in whole or in part if the person to whom such request shall show to the Engineer that all or part of the information requested is not available to or within the control of the person to whom such request is directed. B. Within ninety (90) days after the first day of January of each and every year following the making of such request, such person, without further request, shall notify the Engineer in writing of any changes necessary to maintain the listing required in Subsection A above. SECTION 29. Abandoned Facilities A. Whenever any pipe, conduit, duct, tunnel or other structure or portion thereof located within any public way, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall, within thirty (30) days after such abandon- ment, file with the Engineer, a statement in writing giving in detail the location of the structure so abandoned. B. The owner of any abandoned facility within a public way may be required to remove or make alterations in the same by the Engineer, if such removal or alterations become necessary in the judgment of the Engineer to permit work or improvements within the public way, or if the abandoned facilities or any part thereof shall constitute a nuisance or hazard to the public health, safety and welfare, the Engi- neer shall notify the owner of the requirement for alteration or re- moval, and shall set a reasonable time for such alteration or removal, taking into consideration the nature of the nuisance or hazard, if any, the requirement of the public health, safety and welfare, and the time required to accomplish such alteration or removal. If the owner shall fail or refuse to remove or alter such facilities according to the terms of the notice, or to commence such alteration or removal within a rea- sonable time following the giving of such notice, then the County may remove or alter the abandoned facilities or cause the same to be re- moved or altered, and the owner shall reimburse the County for the cost of such removal or alteration. • -11- C. If the owner shall fail to reimburse the County for the costs of such removal or alteration, the owner shall not be eligible to receive any further permits or approval to work in the public way under any permit from the County, or to conduct any work within the pub- lic way within the County, and the County Attorney may commence action against the owner for the cost of removal or alteration of the abandoned facilities, or refer the same for collection, in the discretion of the County Attorney. SECTION 30. Hold Harmless The permittee shall agree to save the County, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit. The acceptance of any permit under this Resolution shall constitute such an agreement by the permittee whether the same is ex- pressed or not. SECTION 31. Liability of County This Resolution shall not be construed as imposing upon the County or any official or employee any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this Resolution; nor shall the County or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspec- tions authorized hereunder, the issuance of any permit or the approval of any work. SECTION 32. Penalties It shall be unlawful for any person to violate the terms of this Resolu- tion, 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 under C.R.S., 1973, 43 -5 -301, as amended. SECTION 33. Incorporation The Eagle County Application for Permit to work in County Right -of -Way, Supplemental Sheet No. 1 and Supplemental Sheet No. 2, attached hereto and incorporated herein by this reference, is made a part of this Resolu- tion. SECTION 34. Warranty Permittee warrants all work for a period of one year after approval by the County Engineer and /or Road Inspector of all work coming under the provisions of this Resolution. 41 111 41110 -12- SECTION 35. Severability If for any reason any one or more sections, sentences, clauses or parts of this Resolution are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Resolution held invalid, and the invalidity of any section, sentence, clause or part of this Resolution or in any one or more instances, shall not affect or prejudice in any way the validity of the remaining provisions hereof, or in any other instance. SECTION 36. Repeal of Prior Resolution and /or Amendments Upon the effective date of this Resolution, the Road Cut Permit Resolu- tion of June 26, 1975, and any amendments thereto is hereby repealed. THE BOARD OF COUNTY COMMISSIONERS hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare in the County of Eagle, State of Colorado. MOVED, READ AND UNANIMOUSLY ADOPTED at a regular meeting of the Board of County Commissioners, County of Eagle, State of Colorado, dated this /3 �y day of (ley„ 1979. COUNTY OF EAGLE, STATE OF COLORADO By and through its ATTEST: BOARD OF COUNTY COMMISSIONERS By: �4e")-ee � 'u BY: erk of the Boar f Count D lliams, C airman ommissioners