[Ord. No. 3387, § 2, 10-24-1995]
(a)
Except in the case of work by any governmental agency, no person
or entity shall make any opening or excavation or place any object
in any street, alley, sidewalk, or other public place without obtaining
an excavation permit from the Director of Public Works.
(b)
All work which results in a physical disturbance of the public right-of-way
shall require such permit, including, but not limited to, all excavations
and installations relating to conduit, poles, pole lines, wires, mains,
pipes, valves, conductors, sewers, drains, driveways, sidewalks or
any appurtenances thereof.
(c)
Work which does not result in a physical disturbance of the public
right-of-way and does not interrupt traffic does not require permit
authorization.
(d)
An application for a permit hereunder shall be filed with the Director
of Public Works on forms provided by the Director. The application
shall be accompanied by such information regarding the location and
the nature of the work as shall be required by the Director.
(e)
No permit shall be issued for a period in excess of 90 days.
(f)
The filing of an application for an excavation permit shall constitute
an agreement on the part of the applicant to be bound by the provisions
of this article and to such conditions as may be specified by the
Director as to lights and barricades, the time within which the opening
is to be filled and the surface restored and for notice thereof, and
to repair as required hereunder. If the opening is not closed within
the time established, the permittee shall pay to the City the sum
of $100 per day as liquidated damages, and not as a penalty to be
deducted from the deposit of the permittee, if sufficient.
(g)
No permit shall be issued until the applicant shall deposit with
the City a sum covering the cost of all inspections hereunder and
the cost of restoring the street, as determined by the Director of
Public Works.
[Ord. No. 3387, § 2, 10-24-1995]
(a)
Any contractor performing work pursuant to an excavation permit shall
procure and maintain, during the term of the excavation permit, insurance
as follows:
(1)
Worker's compensation in full compliance with applicable statutory
requirements and employee's liability coverage in the sum of not less
than $500,000.
(2)
Comprehensive liability coverage for injury or death for each occurrence
in the sum of not less than $1,000,000 and property damage for each
occurrence in an amount not less than $1,000,000.
(3)
Comprehensive automobile liability coverage for injury or death,
for each occurrence in an amount not less than $1,000,000 and property
damage in an amount not less than $1,000,000.
(4)
Professional liability coverage in an amount not less than $1,000,000
for each occurrence.
(5)
Owner's protective liability insurance for injury or death in an
amount not less than $500,000 for each occurrence and property damage
in an amount not less than $500,000.
(b)
The owner's policy shall name the City as an additional insured.
Certificates evidencing such insurance shall be furnished to the City
prior to the issuance of the excavation permit.
[Ord. No. 3387, § 2, 10-24-1995]
(a)
No construction work shall begin in any street right-of-way and no
curb on any street shall be cut until at least 24 hours' prior notice
of intention to begin work is given to the Director of Public Works
by the owner, permittee or contractor.
(b)
Inspection. No work shall be done until a City inspector is present.
If any portion of the work fails to meet the requirements hereunder,
the Director or inspector on the job shall cause the work to be stopped
until the unsatisfactory conditions are remedied.
(c)
Removal of substandard work. If any portion of any street, sidewalk,
curb, alley or driveway entrance is constructed in violation of the
provisions hereof, the Director of Public Works may order such work
to be removed unless the owner, permittee or contractor shall submit
borings and such other tests as shall be required by the Director
of Public Works and the Director is satisfied that the work has been
done in conformity with applicable specifications.
(d)
The provisions of this section shall apply to any work done by any
contractor under contract with the City.
(e)
The owner, permittee and contractor shall be jointly and severally
responsible for all notices required hereunder, for performance of
work in the absence of a City inspector, or for failing to comply
with any order of the Director of Public Works.
(f)
The permittee shall provide for the flow of all water courses, sewers
or drains intercepted during the work and shall replace same in as
good condition as same were at the time work was begun or shall make
such provisions for them as the Director of Public Works shall prescribe.
The permittee shall not obstruct the gutter of any street and shall
use all proper measures to provide for the free passage of surface
water. The permittee shall make provision to take care of all surplus
water, muck, silt, slickings or other runoff pumped from the work
site or resulting from sluicing or other operations and shall be responsible
for any damage resulting from the failure to so provide.
[Ord. No. 3387, § 2, 10-24-1995]
(a)
All excavations in a street shall be restored and maintained in accordance
with the following:
(1)
Backfilling. No person shall perform any backfilling in any excavation
unless an inspector from the Department of Public Works is present
to observe the work and the backfill is made in accordance with the
standards established hereunder.
(2)
Breaking through pavement. Whenever it is necessary to break through
existing pavement, the pavement shall be removed to at least six inches
beyond the outer limits of the subgrade that is to be disturbed in
order to prevent settlement and a six-inch shoulder of undisturbed
materials shall be provided in each side of the excavated trench.
The face of the remaining pavement shall be approximately vertical.
A power-driven concrete saw shall be used so as to permit complete
breakage of concrete pavement or base without ragged edges. Asphalt
paving shall be scored or otherwise cut in a straight line. No pile
driver may be used in breaking up the pavement.
(3)
Restoration of surface. The Director of Public Works shall prepare
a detailed set of specifications for backfilling and restoring pavement,
which shall, as nearly as feasible, conform to the specifications
of the County Department of Highways and Traffic.
(4)
Barricades and lights. No person shall make any street excavation
without providing barricades around the same as a warning to the public
and providing adequate lights around the excavation between sunset
and sunrise. Traffic warning signs and devices shall be provided in
accordance with the manual on uniform traffic control devices, as
amended from time to time, and as required by the Director of Public
Works.
(5)
City's right to restore surface. If the permittee fails to restore
the surface of the street to its proper condition or shall otherwise
fail to complete the excavation work in accordance with the terms
hereof, the Director of Public Works shall have the right to have
such work and all things necessary to restore the street and to complete
the excavation work. The permittee shall be responsible for the actual
cost of such work, together with a sum representing overhead and administrative
costs. The City shall apply the deposit provided for hereunder to
payment of such expenses and shall also have the right to enforce
its claim against the permittee and contractor.
(6)
Deficiencies. If any deficiencies appear within a period of one year
after completion of the work, the permittee shall perform all necessary
corrective work.
[Ord. No. 3387, § 2, 10-24-1995]
These regulations shall not be construed as to impose upon the
City, or any employee or official of the City, any liability or responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit has been obtained hereunder, nor
shall the City or any employee or official be deemed to have assumed
any liability or responsibility by reason of any inspections made
hereunder or the approval of any work.
[Ord. No. 3387, § 2, 10-24-1995]
It shall be unlawful for any person to remove, deface, obscure
or in any other way alter warning devices erected around any opening
or excavation or around any object placed in a street, or any warning
devices placed in any alley, parkway, sidewalk or other public place
either by the City or any other person or entity for the protection
of the public.
[Ord. No. 3387, § 2, 10-24-1995]
Any person violating any of the provisions of this article shall,
upon conviction, be subject to all penalties provided for violation
of City ordinances.
