(a)
The use of the right-of-way in any manner which violates federal,
state, or local laws, or city codes, ordinances and regulations, including,
without limitation, those relating to health, safety, noise, environmental
protection, waste disposal and water and air quality, is prohibited.
All permittees shall provide satisfactory evidence of compliance with
the foregoing upon request of the city.
(b)
The permittee shall dispose of all material removed from the right-of-way
and any waste created by permittee in compliance with all state, federal
and local laws and requirements. Temporary storage of material may
be placed in a pile no higher than 30 inches.
(c)
If a permittee excavates any contaminated, regulated or hazardous
materials in the right-of-way, such permittee shall be responsible
for environmental assessment, excavation, testing, transportation
and disposal of that material in accordance with applicable law. The
permittee shall promptly notify the city, orally, of the condition
within two hours of discovery of any contaminated, regulated or hazardous
materials in the right-of-way, and within eight hours provide the
aforementioned information to the city in writing. The permittee must
consult with and receive written authorization from the city before
undertaking any of the steps/actions set forth in this subsection.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
The permittee and right-of-way user shall comply with all applicable
federal, state and local safety regulations and requirements, including,
by example and not limitation, the occupational safety and health
standards for the construction industry.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
A right-of-way user should consult the city’s thoroughfare
plan prior to the acquisition of any interest in real property in
the city for the installation or relocation of service lines or other
equipment or facilities along or adjacent to any street, right-of-way,
thoroughfare, highway, or any proposed street, right-of-way, highway
or thoroughfare to attempt to minimize any future conflict regarding
the location of such facilities. All right-of-way users are charged
at all times with constructive notice of the thoroughfare plan. The
city shall, at a minimum, have no liability for the value of or loss
by a right-of-way user of any improvements constructed in the area
shown on the thoroughfare plan, except as provided herein. Typical
locations of city facilities are depicted in the city standard details.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
Permission is granted to a right-of-way user, subject to the
requirements of this code, as it exists or may be amended from time
to time, to trim trees upon and overhanging the right-of-way, so as
to prevent the branches of such trees from coming in contact with
a right-of-way user’s facilities. When so directed by the city,
the tree trimming shall be done under the supervision and direction
of the city. The right-of-way user shall make the necessary repairs
or restoration, including, but not limited to, cleaning of graffiti,
as soon as practicable but not to exceed seven days after the right-of-way
user discovers or learns of any misuse, destruction, damage or vandalism
to its facilities.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
The right-of-way user shall ensure that there is at least one
employee on the job site, during any type of work activity, who can
read, write and speak English fluently.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
The city reserves the right, in the permit or otherwise, to
restrict or determine the route (pathway) and/or spatial location,
whether horizontal, vertical or depth, of any facility and/or structure
or improvement in the right-of-way. The city reserves the right to
reserve space for future utilities.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
After obtaining the permit and prior to commencing the work,
the permittee shall notify the right-of-way manager, and shall commence
and complete all work within the time specified in the permit, unless
an extension of time is granted by the right-of-way manager. No work
shall commence until erosion-control measures (e.g. silt fence) and
advance warning signs, markers, cones and barricades are in place.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
Except in the case of an emergency, whenever excavation is required
in the right-of-way adjacent to an occupied property, the right-of-way
user shall notify the property owner of the activity through use of
a door hanger, which shall include the following information:
(1)
Permit number;
(2)
Identity of the contractor and the right-of-way user, including a
contact name and phone number by which more information regarding
the project could be obtained and a 24-hour a day emergency phone
number; and
(3)
The anticipated duration of the construction work.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
Every permittee and right-of-way user shall prosecute its work
diligently and in a good, safe, and workmanlike manner, and shall
safeguard and protect the public, using the street or right-of-way
where the work is being performed, from accidents or damage by placing
barriers, lights and other sufficient safeguards around all cuts,
openings and excavation, in accordance with TMUTCD. All material,
implements and tools stored upon the premises and used in connection
with the excavation shall be stored in a safe and nonhazardous manner.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
(a)
The city reserves its right, as provided herein, to revoke or suspend
any permit, without refund of the permit fee, in the event of a breach
by the permittee of the terms and/or conditions of the permit, this
article and/or any other city ordinance. A breach of the terms of
the permit shall include, but not be limited to any of the following:
(1)
The violation of any provision of the permit.
(2)
An evasion or attempt to evade any provision of the permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the
city or its citizens.
(3)
Any material misrepresentation of any fact in the permit application.
(4)
The failure to meet insurance, surety bond or indemnification requirements.
(5)
The failure to complete the work as specified in the permit.
(6)
The failure to correct a condition indicated on an order issued pursuant
to this article.
(7)
Repeated traffic-control violation(s).
(8)
Failure to protect facilities or repair facilities damaged in the
right-of-way.
(9)
Violation of any part of this article.
(10)
Recognition by the right-of-way manager that a permit was issued
in error.
(11)
Failing to comply with an order of the right-of-way manager on the
permit and any other valid permit held by the right-of-way user.
(12)
Any safety violation or other action that threatens the health, welfare
and/or safety of the public as solely determined by the right-of-way
manager.
(b)
If the right-of-way manager determines that the permittee has committed
a breach of any law or condition of the right-of-way permit, the right-of-way
manager shall make a written demand upon the permittee to remedy such
violation. Continued violation may be cause for revocation of the
permit or legal action, or both. The right-of-way manager may, in
his discretion, revoke the permit, provide specifications to cure
the breach, or both. Within two business days of receiving notification
of the breach, permittee shall contact the right-of-way manager with
a plan, acceptable to the right-of-way manager, for correction of
the breach. Permittee’s failure to do so or permittee’s
failure to timely implement the approved plan shall be cause for revocation
of the permit.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
(a)
It shall be unlawful for any person to make, cause or allow to be
made, any excavation, or to install, cause or allow to be installed
any tank, pipe, conduit, duct, tunnel, utility pole or other utility
or appliance in or under the surface of any street, alley, sidewalk,
right-of-way or other public place, at any location, other than that
described in the application for the permit and as shown on the plans
filed with the right-of-way manager, and in accordance with the requirements
of the permit. If the circumstances appearing after the excavation
is commenced make it impossible to comply with the permit, the right-of-way
manager may, in his sole discretion, grant a waiver to take the circumstances
into account.
(b)
Failure to comply with requirements set forth in this article or
on any permit shall be cause for revocation of the subject permit
and of any other permits held by the same permittee until the violations
have been corrected or the right-of-way manager has approved alternative
requirements.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
No cut, excavation, grading or disturbing of the right-of-way
or wires on poles, in any way, shall be made, other than excavations
necessary for emergency work, without first securing a permit. No
person or right-of-way user shall, at any time, open or encumber more
of the right-of-way than shall be reasonably necessary to complete
a project in the most expeditious manner.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
At any time, the right-of-way manager may order the immediate
cessation of any work that poses a threat to the health, safety or
well-being of the public. The right-of-way manager may revoke the
permit of any permittee in any instance where there is a threat to
the health, safety or well-being of the public.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
The right-of-way manager may issue a written notice to the permittee
indicating work that does not conform to the terms of the permit,
applicable standards, conditions, codes or other applicable regulation.
Within five days after issuance of written notice, the permittee shall
present proof to the right-of-way manager that the violation has been
corrected. If such proof has not been presented within the required
time, the right-of-way manager may revoke the permit.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
Subject to applicable federal, state, and local laws, the right-of-way
user shall, upon the request of the city, which shall be in writing,
locate and/or relocate its facilities situated within any right-of-way,
at no expense to the city, where reasonable and necessary to accommodate
any city project. The written request provided by the city shall state
the date by which the relocation by the right-of-way user shall be
completed and a reasonable amount of time shall be provided by the
city. When relocation is necessitated by federal government requirements,
which includes reimbursements of costs, the city will reimburse the
applicant for its proportionate share from funds provided to the city
in such reimbursements.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
In the event the city finds it necessary to move a right-of-way
user’s facilities to protect the right-of-way, any city utilities
and/or street, the city shall notify the local representative of the
right-of-way user. Right-of-way user shall promptly move or facilitate
the relocation of the subject facilities at right-of-way user’s
sole expense.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
(a)
A right-of-way user owning abandoned facilities in the right-of-way
shall:
(1)
Remove its facilities and repair, at its sole expense, any damage
caused by the removal. The right-of-way manager may allow some or
all facilities to remain if the right-of-way manager determines same
is in the best interest of the public to do so; or
(2)
Provide information satisfactory to the city that the right-of-way
user’s obligations for its facilities in the right-of-way have
been lawfully assumed by another authorized right-of-way user.
(b)
The facilities of the right-of-way user who fails to comply with
this section, and those facilities which remain unused for two years,
shall be deemed to be abandoned unless, within the aforesaid two-year
period, the city receives written confirmation and reasonable evidence,
as solely determined by the city, that the right-of-way user intends
to use the facilities. The city may exercise any remedies and/or rights
it has at law or in equity, including, but not limited to, taking
possession of the abandoned facilities or requiring the removal of
the facilities by the right-of-way user at the right-of-way user’s
sole expense.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
Placement of new utility support structures (poles) shall be
prohibited for electrical distribution lines with 60,000 volts and
less and all communication utilities, unless otherwise allowed by
other law or an existing franchise agreement between the right-of-way
user and the city or a PUCT tariff. This does not prohibit replacing
existing poles for maintenance purposes.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
All poles in the right-of-way shall be of sound material and
straight, and shall not interfere with the flow of water in any gutter
or drain, and shall be placed so as not to interfere with vehicular
and pedestrian travel. The location and route of all conduits, fiber,
cables, utilities and facilities placed and constructed by a right-of-way
user in the construction and maintenance of its system in the city
shall be subject to the reasonable and proper control, direction and
approval of the city. Placement of poles and anchor guys along curvilinear
streets shall comply with city ordinances and regulations.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
The maximum dimensions for ground mounted utility structures
above the ground in the right-of-way adjacent to streets are seven
feet long (parallel to the road), two feet wide (perpendicular to
the road) and six feet in height. For structures three feet or less
in height, the width may be 44 inches. This does not include poles.
The height of utility structures shall be measured from the lowest
grade at any point 18 inches or less from the side of the structure
that faces the street to the highest point of the structure. Utility
structures exceeding those dimensions shall not be located in the
right-of-way adjacent to streets, unless otherwise approved in writing
by the right-of-way manager. All aboveground facilities shall be located
outside of the corner visibility triangle at all intersections, future
intersections and all driveways. No aboveground facilities may be
placed in a parkway that is across from a median opening.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
The user shall ensure all overhead lines are constructed and
maintained so that the minimum clearances are in compliance with the
National Electrical Code as it exists or may be amended.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
(a)
Nothing shall obligate or restrict a right-of-way user from exercising
its rights to enter into pole attachment, pole usage, joint ownership
or other wire space or facilities agreements with light and/or power
companies or with other wire-using companies authorized to operate
within the city.
(b)
A right-of-way user shall utilize existing pole space, conduit, and
other facilities whenever reasonably and/or economically possible.
(c)
Antennas must be mounted to the top of the pole, or flush to the
pole near the top, in a screen that is coated or painted an approved
color to match the pole to camouflage the installation.
(d)
Equipment, other than antennas, must be in an underground vault.
Vaults must be flush to the ground.
(e)
If the existing pole already has more than two existing risers/drops,
the pole must be replaced with a metal pole and all wires and cables
must be run in conduit inside the pole. The existing drops will also
be relocated inside the new pole and underground entry into the pole
through the foundation is required. When installation will result
in two or fewer risers/drops on the pole, the wires and cable may
be installed as a riser/drop in conduit painted an approved color.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
The right-of-way user shall rearrange its transmission media
temporarily as necessary to permit the moving of houses or other bulky
structures. The requesting parties shall pay the reasonable and necessary
expense of such temporary rearrangements. The right-of-way user shall
in a reasonable time frame and reasonable cost, remove its transmission
media in connection with the demolition of unsafe structures, including
emergency or ordered demolitions at no cost to the city. The right-of-way
user may invoice the requesting parties for the cost of this work,
where applicable.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
(a)
All lane closures on any thoroughfare shall comply with TMUTCD, and
shall include a lane closure exhibit to be submitted with the permit
to the right-of-way manager. The right-of-way manager may require
a traffic-control plan. Arrow boards and message boards may be required
for lane closures on thoroughfares.
(b)
Except in an emergency, no thoroughfare shall be closed on weekdays
during the hours of 6:30 a.m. to 9:00 a.m. and 3:30 p.m. to 7:00 p.m.
or outside normal working hours of the city. Every day of the week,
all roadways shall be open to traffic by sunset on the same day as
the construction.
(c)
All lane closures require 24-hour notification of the police and
fire departments prior to closing.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
(a)
Erosion control and stormwater management.
The right-of-way
user shall be responsible for stormwater management, erosion control
and excavation safety measures that comply with city, state and federal
guidelines. Requirements shall include, but not be limited to, construction
fencing around any excavation that will be left overnight, silt fencing
in erosion areas until reasonable vegetation is established, barricade
fencing around open holes, and high erosion areas will require wire
backed silt fencing. Upon request of right-of-way manager, the right-of-way
user may be required to furnish documentation submitted or received
from the federal or state government.
(b)
Dust control.
The right-of-way user shall ensure that
the work is conducted and site maintained to minimize blowing dust.
At any time dust leaves the job site so that it is a nuisance, the
work will stop until measures can be taken to eliminate the dust.
(c)
Traffic-control safety.
In the event of noncompliance
with the TMUTCD, the right-of-way user shall be notified of the violation.
In the event of continued noncompliance, the right-of-way manager
may revoke the permit, in addition to any other remedies available
to the city. At any time the right-of-way manager determines the work
threatens public safety, he may take immediate action as necessary
including but not limited to, stopping all work, or have a third party
make the repairs at the expense of the applicant.
(d)
Responsibility for signs, barricades and warning devices.
The right-of-way user working in any right-of-way is responsible
for the safe movement of traffic, both pedestrian and vehicular, through
the construction area. The right-of-way user shall meet all requirements
for barricading and traffic control as specified in the TMUTCD.
(1)
Only those individuals who are qualified by means of adequate training
in safe traffic-control practices and have a basic understanding of
the principles established by applicable standards and regulations,
including without limitation, those in TMUTCD, may place and maintain
the traffic-control devices in a construction area.
(2)
The right-of-way user must either: (A) subcontract the barricading
to a firm specializing in traffic control; or (B) submit the qualifications
and name of employees to the right-of-way user manager for approval
prior to the work commencing. The right-of-way user must also submit
a traffic-control plan for review when required by this article. All
signs and barricades must conform to the requirements of the TMUTCD.
(3)
All barricades, plates, and other traffic-control equipment must
conform to TMUTCD specifications and must be inspected and maintained
by the traffic-control representative.
(4)
All barricades, plates and other traffic-control equipment must display
accurate and sufficient information including without limitation,
the name of the right-of-way user.
(5)
Noncompliance with the TMUTCD shall be cited in writing. In the event
of noncompliance after citation, the right-of-way manager may place
the necessary devices as required, and the right-of-way user shall
reimburse the city for all such expenses as well as $500.00 for noncompliance.
Failure to comply with this provision may result in denial of application
for future permits.
(6)
All traffic-control devices must be removed immediately upon completion
of work.
(e)
Duty to barricade.
At all times during construction
activity, the contractor and/or right-of-way user, as applicable,
shall place and maintain all necessary and proper barriers and other
safeguards, including without limitation, watchmen certified in accordance
with the safety training described in this article, if necessary,
upon and around the work and for the prevention of accidents, and
after daylight hours, shall place, maintain and keep suitable sufficient
lights, in accordance with the TMUTCD.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
The permittee shall make the work site accessible to the city,
and others as authorized by law, for inspection at all reasonable
times during performance of the work.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
The city will require testing of materials used in construction
in or near the right-of-way to determine conformance with city construction
specifications, including, but not limited to, compaction tests on
backfill materials, subgrade, aggregate base course, Portland concrete
(rigid pavement), asphaltic concrete (flexible pavement) and other
construction materials as deemed necessary by the city. The right-of-way
user shall, at his expense, hire a testing laboratory with current
accreditation by the American Association for Laboratory Accreditation,
American Association of State Highway and Transportation Officials
(AASHTO) or another nationally recognized accreditation agency that
verifies compliance with ASTM E 329 and that demonstrates the laboratory’s
capabilities to perform applicable ASTM or AASHTO test procedures,
as may be required.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
Any person who shall cause to be made any excavation or obstruction
in any street or right-of-way shall not allow the same to remain there
beyond a time reasonably sufficient for the completion of the work
and/or removal of the obstruction, and shall repair the subject portion
of such street and/or right-of-way so as to restore the same to its
condition previous to the making of such excavation or obstruction.
It shall be the duty of such excavators to protect the area while
such condition exists and promptly to repair the same so as to leave
the street or right-of-way in as good condition as before the excavation.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
Nothing in this article shall be construed to prevent any person
maintaining any pipe, conduit or duct in or under any street, or right-of-way
by virtue of any law, article or permit, from making such excavation
as may be necessary for compliance with law or for the preservation
of life or property when the necessity arises, provided that the person
making the excavation shall notify the right-of-way manager within
24 hours. Except as specifically provided otherwise in this article
for excavations authorized by this section, permittee shall be subject
to all fees and requirements of this article.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
Except in case of an emergency there shall be no excavation
in any street without the prior written approval of the right-of-way
manager. Any request for a permit to excavate a street shall include
a description of the proposed work and proposed restoration of the
area, as well as a statement of clear and convincing evidence is provided
to the right-of-way manager as to why alternate procedures cannot
or should not be used in lieu of excavating a street. All pavement
cuts and repairs shall be performed by a contractor with experience
in street repair work. Any damage to pavement outside the removal
area shall also be repaired subject to approval of the right-of-way
manager.
(1)
Excavation in Portland cement concrete (PCC) pavement surface.
If the existing pavement is PCC, the concrete shall be cut first
with a saw to a depth of the full thickness of the concrete or 6",
whichever is greater, and the full width of the trench, which shall
also cut any reinforcing steel. A second cut shall be 12 inches parallel
to the first cut to full thickness of the concrete and excavated to
undisturbed soil. Further criteria is set forth in the city’s
standard details.
(2)
Excavation in hot mix asphalt concrete (HMAC) pavement surface.
If the existing pavement is HMAC, the HMAC shall be cut first
with a saw to a depth of the full thickness of the pavement or 6",
whichever is greater, and the full width of the trench, which shall
also cut any reinforcing steel. A second cut shall be 12 inches parallel
to the first cut to full thickness of the pavement and excavated to
undisturbed soil. Further criteria is set forth in the city’s
standard details.
(3)
Jacking and boring.
A permittee or right-of-way user
shall perform all work in conformance with methods approved by the
city and in such a manner as to not interfere or disturb existing
or planned infrastructure.
(4)
Responsibility of excavated area maintenance.
A permittee
or right-of-way user shall warrant and be responsible for its repairs
in the right-of-way for two years from the completion date of any
repair.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
(a)
Open trenches may be temporarily backfilled for the convenience of
the permittee or the public safety. Traffic bearing plates can be
used temporarily in conformance with city requirements. At least one
hour prior to beginning permanent backfill operations, the permittee
shall notify the right-of-way manager of the time the backfill will
begin.
(b)
All excess water and mud shall be removed from the trench prior to
backfilling. Any backfill placed during a rainy period or at other
times, where excess water cannot be prevented from entering the trench,
will be considered temporary and shall be removed as soon as weather
permits. All disturbed base material or any base that has been undermined
shall be removed and discarded. Compaction of all backfill shall be
95 percent of maximum density with a moisture content of minus two
percent to plus four percent of optimum moisture content as determined
by ASTM D698 under or near paved surfaces, future paved surfaces or
otherwise as determined by right-of-way manager. Outside of pavement
surfaces, compaction of all backfill shall be 95 percent of maximum
density with a moisture content of minus two percent to plus four
percent of optimum moisture content as determined by ASTM D698, and
be smoothed, raked, and topsoil and grass or other landscaping installed
to match the surrounding conditions.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
(a)
The work to be done pursuant to the permit and any repair and/or
subsequent restoration of the right-of-way must be completed within
the dates specified in the permit. In the event of circumstances beyond
the control of the permittee or when work is prohibited by unseasonable
or unreasonable conditions, the right-of-way manager may, in his sole
discretion, extend the dates on receipt of a substantiated supplementary
application for a permit extension.
(b)
All earth, materials, sidewalk, pavement, utilities, conduits, crossing,
irrigation, landscaping, monuments, manhole covers, valve covers,
meter box lids or improvements of any kind, which are owned or possessed
by the city, and damaged, disturbed, or removed by a right-of-way
user shall be fully repaired promptly by the right-of-way user, at
its sole expense, to the reasonable satisfaction of the right-of-way
manager with material approved by the city.
(c)
After any excavation, the right-of-way user shall, at its expense,
restore the right-of-way, trench envelope, pavement structure and
the surrounding area, to the same or better condition than it was
prior to the excavation. The restoration shall be made in accordance
with specifications set forth herein, and the repair shall be covered
by a maintenance bond for two years from the completion date of any
repair.
(d)
In the event the right-of-way user fails to restore the right-of-way
in the manner and to the condition required herein, or fails to satisfactorily
and/or timely complete all restoration, the city may, at its option,
serve written notice upon the right-of-way user that, unless within
five days after serving of such notice a satisfactory arrangement
can be made for the proper restoration of the right-of-way by the
right-of-way user, the city may take over the work and prosecute same
to completion, by contract or otherwise, at the sole expense of the
right-of-way user, and right-of-way user, and its surety, shall be
liable to the city for any and all cost incurred by the city by reason
of such prosecution and completion including, without limitation,
the applicable public inconvenience penalty. Nothing contained herein
shall limit any other remedies available to the city.
(e)
If any excavation cannot be backfilled immediately, the right-of-way
user shall securely and adequately cover the excavation and maintain
proper barricades, safety fencing and/or lights as required, from
the time of the opening of the excavation until the excavation is
surfaced and opened for travel.
(f)
In all right-of-way restoration, the right-of-way user guarantees
its work and shall maintain it two years from the date of completion
of any restoration. During the period following completion, the right-of-way
user shall, in the event of any failure of the restoration, and upon
notification from the right-of-way manager, reimburse the city for
pavement restoration costs as provided for in this article. Additionally,
the right-of-way user, in the event of such failure, shall within
48 hours of notice from the city, repair the subject trench envelope.
(g)
The two-year guarantee period shall be applicable to, among others,
failure of the pavement surface as well as failure of the trench envelope.
Notwithstanding remediation of the pavement structure by the city,
the right-of-way user retains repair responsibility at all times during
the guarantee period for the trench envelope. In locations where two
or more right-of-way users have made repairs in the exact same location,
the last right-of-way user to excavate shall be responsible for the
two-year guarantee in that location, unless the right-of-way manager
determines, in his sole discretion, that a failure was most likely
a result of work performed by another right-of-way user. That right-of-way
user shall be responsible for the two-year maintenance period.
(h)
All street excavations shall be perpendicular excavations, as possible,
unless otherwise approved by the right-of-way manager. Excavations
in streets, which are not perpendicular excavations require block-to-block
and curb-to-curb pavement reconstruction, or other method of repair
approved by the right-of-way manager. All repairs shall be equal or
better than that which existed prior to the commencement of any work.
(i)
No trench shall be opened for the purpose of laying pipes, conduits
or ducts for a distance greater than can be backfilled on the same
workday before sunset. Any variance from this requirement must be
granted in writing from the right-of-way manager prior to work beginning.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
Unless otherwise specified in the permit, restoration of the
pavement of any street, alley, right-of-way or other public place
shall be performed by the permittee.
(1)
No trench shall be opened in any street for the purpose of laying
pipes, conduits or ducts more than 200 feet in advance of the pipe,
conduit or ducts being placed in the trench, other than with the prior
written consent of the right-of-way manager.
(2)
All excavations shall comply with the city construction standards,
as amended, and requirements of this article. Unless otherwise required
by city standards, as amended, or if unusual conditions are encountered,
the right-of-way manager may require new standards for compaction,
backfill and pavement restoration.
(3)
Any excavated pavement, debris and/or other rubble shall be removed,
together with any surplus material, within one working day from the
time such material is placed upon the street. After backfilling is
completed, and prior to repaving the cut, the right-of-way user shall
remove all loose paving material and trim the edges of the excavation
at the street surface to the satisfaction of the right-of-way manager.
(4)
Whenever any caving occurs in the sidewalks of any excavation, the
pavements above such caving shall be cut away, trench backfilled,
compacted and sidewalk pavement restored. In no case shall any side
or lateral tamping fill any void under a pavement.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
The right-of-way user will maintain the excavated area until
permanent pavement restoration of the excavated area is complete.
The right-of-way user shall make the final repairs within seven days
on thoroughfares that are classified as major and within 30 days on
residential, local and alley streets after the right-of-way manager
makes final inspection. Backfill failures shall remain the responsibility
of the right-of-way user.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
In case the pavement or the surface of the street, alley, or
right-of-way in, over or near any excavation should become depressed,
cracked or broken at any time or fails in any way at any time after
the excavation has been made and during the two-year warranty, the
right-of-way user shall comply with any applicable obligations of
this article, including, without limitation, reimbursement to the
city of the cost to restore the street and/or right-of-way.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
In the event any work governed by this article is not completed
by the right-of-way user within the time required or in accordance
with the specifications required herein or by the right-of-way manager,
the right-of-way manager may cause such work to be performed as is
necessary to secure the work area to a safe and passable condition.
The right-of-way user shall reimburse the city for the costs of securing
the site.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
All construction work in the streets, rights-of-way, sidewalks
and public places of the city is declared to be subject to the exclusive
control of the city, and whenever, in the sole opinion of the right-of-way
manager, any such work shall not have been duly completed within a
reasonable time or shall have been executed in a defective manner,
whether because of bad workmanship or materials or because not true
to the lines or grades or specification therefor given to him by the
right-of-way manager, then upon written demand or notice from the
right-of-way manager, such right-of-way user or contractor shall promptly
remedy, complete and/or remove and reconstruct such incomplete or
defective work all as the right-of-way manager may require, and these
provisions shall also apply to all repair and maintenance work. If
the contractor or right-of-way user shall fail or refuse to do so
within a reasonable time to be specified by the right-of-way manager,
then, if required by the right-of-way manager, such work shall be
completed or corrected or removed and wholly or partially reconstructed
by the city, in such a manner as in the opinion of the right-of-way
manager may be necessary to make such work as good as originally required,
and such work may be done by contract or otherwise, under the direction
of the right-of-way manager, and the contractor or right-of-way user
shall reimburse city for any and all cost incurred by the city performing
the work described in this section.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
In every case, and at all times, the work of removing from the
right-of-way all obstructions, surplus materials, debris and waste
matter of every description caused by and/or accumulated from the
excavation shall be the sole responsibility of the right-of-way user.
The right-of-way user shall maintain the area on and around the excavation
and related work in a clean, safe and orderly fashion at all times
during conduct of the excavation and shall clean the same area upon
completion of work. Streets shall be cleaned by use of a vacuum street
sweeper. The right-of-way user shall clean the surrounding area, as
outlined above, within one day upon completion and approval of all
trench work and pavement restoration unless the right-of-way manager,
sufficient reason therefor having been given to his satisfaction,
grants a written extension of time.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
When the work under permit hereunder is completed, the permittee
shall notify the city in accordance with the requirements placed on
the permit. The city will schedule a final walk-through with the contractor
to develop a final punch list of items to be remedied.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
Any permit issued prior to the adoption of this article will
remain subject to the terms and conditions of city ordinances and
requirements in effect at the time of issuance of the permit and is
not affected by this article, except that, upon expiration or conclusion
of the permit, a new or renewal permit must be obtained in accordance
with this article.
(Ordinance 2017-08-04, sec. 3.01,
adopted 8/4/17)
