(A) General.
(1) This section provides for all surface removal, excavation and disposal of surplus material within the public right-of-way, trench safety system and dust control.
(2) Trench safety is a key and vital issue and owners should take the necessary steps to ensure that the contractor they use to construct infra-structure has included trench safety construction techniques and safety systems in the cost proposal.
(3) All trenches or excavations shall be backfilled to the original surface of the ground or such other grades as shown on the design plans or as directed. In general, the backfilling shall be carried along as speedily as possible and as soon as the concrete, mortar and/or other masonry work and pipe joints have sufficient strength to resist the imposed load without damage.
(B) Surface removal (within public right-of-way).
(1) For construction of utilities as indicated on the approved plans within the public right-of-way, the contractor shall remove the surface materials only to such widths as will permit a trench to be safely excavated, affording sufficient room for proper efficiency and proper construction. Where sidewalks, driveways, pavements, curb and/or gutters are encountered, care shall be taken to protect such against fracture or disturbance beyond reasonable working limits. All pavements shall be cut with an abrasive saw and concrete streets, driveways, walks, alleys and the like cut to the nearest joint, and as required by the design plans and the governing bodies. Any areas damaged during construction shall be re-sawed to provide a clean surface for rehabilitation.
(2) Excavated topsoil shall be stored in a designated location as approved by the governing bodies. The topsoil shall be protected in such a manner as to ensure the preservation of its quality. The topsoil shall be inspected by the town and/or the county personnel before being backfilled in the work.
(C) Trench safety system.
(1) The contractor and the owner are responsible for ensuring that safe working conditions exist and safety procedures are being followed at the work site. The contractor shall also be responsible for notifying the Indiana Occupational Safety and Health Administration (IOSHA), State Department of Labor and all other applicable governmental agency requirements.
(2) The town and/or county’s inspector is not responsible for policing the contractor’s safety program. If, in the opinion of the observer, an unsafe condition is noted, he or she will notify the contractor of this condition and report it to the owner. If the condition continues to exist the observer shall notify the owner, document the unsafe condition in writing and/or through a photograph, and leave the job site. The town and/or county officials may contact IOSHA and request that they dispatch an inspector immediately.
(3) Regarding trench safety systems, the contractor shall design, install and maintain a “Trench Safety Program” in strict compliance with OSHA (Occupational Safety and Health Administration) Part 1926 of the Code of Federal Regulations and all other applicable federal, state and local regulations The contractor shall be responsible to continuously upgrade the Trench Safety Program with changing governmental regulations.
(D) Dust control. The contractor shall be responsible for maintaining the site and adjoining paved surfaces in a dust free condition. Fugitive dust control is the sole responsibility of the contractor.
(E) Magnetic locator wire. All PVC or non-metallic utilities shall be installed with a #12 locator wire installed on top of the pipe.
(Ord. passed - -)