§ 12.04.080. Street and sidewalk openings.

A.

1.

A nonrefundable application fee of two hundred dollars is required.

2.

A refundable deposit in the amount of five hundred dollars is required and will be held until the municipal contractor completes all repairs authorized by the city of Revere and payment is received. Interest on retained money is considered to be the property of the city of Revere. Trenches not inspected due to the failure of the permittee to properly notify the department of public works, shall be subject to loss of deposit, and/or repeat of reconstruction procedures.

3.

A performance and payment bond in the amount of five thousand dollars is required for each street opening permit granted. The city of Revere may allow a blanket bond commensurate with anticipated permit activity for routine excavators. Under no circumstances will this blanket bond be less than fifty thousand dollars. This bond will be released upon expiration of the guarantee period as outlined in subsection (C)(10) of this section.

4.

The contractor must furnish the city of Revere with a certificate of insurance for general liability in the amount of one million dollars.

5.

The superintendent of public works shall not issue any street or sidewalk opening permits to any permittee or excavator within five years of the final approval of any newly paved street or sidewalk by the superintendent of public works and the city planner unless the reason for doing so is a justified emergency. A justifiable emergency shall be defined as gas leaks, water breaks, water leaks, sewer breaks or sewer blockages. New installations for gas, water lines, sewer lines or connections shall not be permitted during this moratorium.

B.

Notification.

1.

The designated department of public works coordinator of the city of Revere shall be notified twenty-four hours before the commencement of any work.

2.

Dig safe must be notified.

C.

Construction Procedures.

1.

The pavement shall be pre-cut and may only be disturbed within the area requiring excavation for repair, replacement or new installation. When the opening occurs within two feet of the curb and/or edge of hardened surface, the paved area between the excavation and the curb and/or edge must also be removed.

2.

In the backfill process, the backfill shall be comprised of suitable material (subject to approval of the director of public works or his authorized representative). Concrete should be used around all electric and telephone conduit in trenches. Controlled density fill (CDF) may be required. Compaction, (when CDF is not in use) will be executed in six inch layers. Each layer shall be ninety-five percent compacted by mechanical means. When the total surface area of an individual opening in bituminous concrete is less than nine square feet, all backfill material(s) will be placed to within a minimum of six inches of the pavement surface, or the thickness of the original pavement structure, whichever is greater. For individual openings with surface areas of nine square feet and larger, the backfill material(s) will be installed to within four inches of the pavement surface or the thickness of the existing structure, whichever is greater. "Pavement structure" will incorporate all previous paving materials used above the gravel sub-base, including but not limited to bituminous concrete, cement concrete, cobblestone, macadam, etc.

3.

The hardened pavement shall then be cut back and removed six to twelve inches from all sides of the initial excavation to the depth of the original pavement structure, exposing the undisturbed gravel sub-base. Edges will be cut perpendicular to the surrounding surface and have a clean vertical face, particularly in the corners. All utility structures shall be leveled to the adjacent surfaces. The cut back shall be in straight lines with ninety degree angles at the point(s) of intersection.

4.

All surplus and/or unacceptable excavated materials shall be removed from the job site immediately. The excavation site shall be maintained in a clean and safe condition at all times. Sidewalks and street shall be cleaned and opened to traffic at the end of each working day, unless otherwise authorized by the city of Revere. Access to properties are to be maintained. The removal and disposal of materials, including pavement, is the responsibility of the permittee. This shall be achieved in such a manner to minimize interference with pedestrian and vehicular traffic.

5.

The permittee shall be liable for the condition of the street and sidewalk openings and protection thereof prior to the temporary repair, and will be held responsible for all damage due to any failure of barricades, barriers, warning signs, lights or steel plates to properly protect the work from traffic, pedestrians or other causes. Other than while work is actually being performed, all open ditches shall be protected by uniform traffic control devices in conformance with the Massachusetts Highway Department Manual. All excavations must be properly secured to insure the safety of the traveling public and immediately reported to the designated department of public works coordinator.

6.

Temporary patching shall be performed by a contract representative in accordance with the technical specifications of the city of Revere and shall be the financial responsibility of the permittee. The city of Revere reserves the right to determine and select the lowest responsible bidder to perform all contract services required. Current contact prices will be made available with completed permit applications. All barricades and/or safety devices shall be immediately removed from the vicinity upon completion of the temporary bituminous patching application.

7.

Any improperly prepared excavations, including those left with unacceptable backfill material or insufficient pavement depth, shall be temporarily paved by the municipal contract representative and charged to the refundable deposit of the permittee. The deposit shall immediately be replenished to the original amount. At a later date, the trench shall be re-excavated and prepared correctly by the permittee. Under these conditions the permittee may also be subject to permit cancellation, inspection fees, fines and loss of deposit and bond.

8.

All excavations will be required to settle and/or consolidate for a period of time before the contract representative of the city of Revere is directed to perform a permanent repair. This term will be defined as a minimum of thirty days when controlled density fill was used as a backfill material. Compacted gravel sub-base must experience at least one seasonal freeze/thaw cycle. The department of public works reserves the right to address any sub-base deficiency within, or adjacent to, the original excavated area with whatever measure deemed effective, during this period. These corrective procedures will be the financial responsibility of the permittee.

9.

Immediately after the specified settling and/or consolidation period, all excavations shall be permanently restored by the municipal contract representative in accordance with the technical specifications of the department of public works. The following procedures shall be strictly adhered to:

a.

The infrared process shall be utilized as the primary method of permanent restoration in bituminous concrete surfaces.

b.

Temporary asphalt patches installed in cement concrete surfaces shall be re-excavated to the extremities of the square(s) in which the excavation is contained. The finished concrete contour of the original structure. Any concrete surface damaged during construction shall also be replaced in a like manner.

c.

All other surfaces, including but not limited to asphalt, brick, glass and wood shall be replaced consistent with the original and in strict accordance with department of public works specifications.

The permittee shall also be responsible for any and all necessary appurtenant measures including, but not limited to, complete surface reconstruction, curbing, resetting utility structures "bar holes," compatible crackfilling, tack coating and infrared thermal integration of the pavement. All processes required shall be determined by a site inspection with an authorized representative of the department of public works. All restoration procedures shall be the financial obligation of the permittee.

10.

The permittee shall be responsible for any settlement, sub-base failure and pavement cracks that develop in, or adjacent to, the original excavated area for a period of three years from the date of the final accepted permanent repair or, if controlled density fill is used, for a period of one year from the date of the final accepted permanent repair. Any surface disorder caused by settlement and/or sub-base movement within the general area containing a street or sidewalk opening, shall be addressed by the city of Revere contract representative, at the direction of the department of public works. All related corrective measures will be charged to the permittee, and the term of obligation will begin again.

11.

Excavations opened without the permit will be dealt with directly and may be subject to cancellation and refusal of existing and future permits, and associated fines.

12.

Police protection, if required, shall be paid by the permittee either directly or billed by the city of Revere contract representative at cost plus fifteen percent handling charges.

13.

All surface restorations, bituminous concrete replacement, and permanent repairs will be done by a contract representative in accordance with technical specifications of the city of Revere and billed directly to the permittee.

D.

Billing and Collections.

1.

The contract representative of the city of Revere shall bill the permittee for the above mentioned services. All invoices must be paid within thirty days. On past due invoices a service charge of one and one-half percent per month will be allowed on accounts thirty days past due provided that rate does not exceed that which is permitted by law, in which case the highest allowable legal rate will apply. Outstanding invoices exceeding ninety days shall be paid by the city of Revere. The refundable deposit will be forfeited and applied to payment for services rendered by the city of Revere contract representative. All bonds will be attached and the city of Revere will initiate fines in the amount of one hundred dollars per day and continue to accrue service charges on uncollected monies together with all costs of collection including reasonable attorney's fees.

On ninety days past due invoices, the city will revoke existing and future permits until payment of such invoices, including all service charges and fines.

If the account is found to be uncollectible the city shall institute a lien upon such real estate owned by the permittee and/or the excavator, in the manner provided in M.G.L. Chapter 40, Section 42A to 42F.

2.

The city reserves the right to assume the billing function, including assessment and conveyance of reasonable handling charges, as provided by Massachusetts General Laws.

E.

Administration/Interpretation.

1.

The permittee and excavator are both, individually and severally, responsible for all actions taken under the above regulation and associated permit system. If the permit application is signed by only one of these parties, that party accepts full responsibility and liability for both parties but in no way limits the right of the city to enter into litigation enjoining both parties.

2.

The city reserves the right to make changes or exceptions to this regulation, and retains sole jurisdiction in its interpretation and administration.

3.

This proposal shall take effect as of December 1, 1994.

(C.O.94-331)

(C.O. 17-051, 5-22-2017)