(A)
Lawful
use of right-of-way.
(1)
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.
(2)
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.
(3)
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.
(B)
Compliance
with safety regulations.
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 1446-0-07-14, passed 7-14-20)
A right-of-way user should consult the City’s Master Transportation
Plan (MTP) 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 MTP. 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 MTP,
except as provided herein. Typical locations of City facilities are
depicted in the City standard details.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Tree
trimming.
The right-of-way user shall identify on the
permit application any anticipated tree trimming resulting from the
permit requested. Permission may be 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.
A person may trim trees in or over the public rights-of-way
for the safe and reliable operation, use and maintenance of its facilities.
All tree trimming shall be performed in accordance with standards
promulgated by the National Arborist Association and International
Society of Arboriculture, and should be done in such a manner to preserve
as much vegetation and natural shape of trees as reasonably possible,
and still accomplish a safe and effective tree trimming program. Reasonable
efforts shall be made to contact affected property owners prior to
necessary tree trimming operations. Should the person, its contractor
or agent, fail to remove such trimmings within 24 hours (unless a
longer period is required for extraordinary conditions and conditions
beyond the control of the person), the City may remove the trimmings
or have them removed, and upon receipt of a bill from the City, the
person shall promptly reimburse the City for all costs incurred within
30 working days.
(B)
Graffiti
abatement.
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 1446-0-07-14, passed 7-14-20)
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 1446-0-07-14, passed 7-14-20)
After obtaining the permit and prior to commencing the work,
the permittee shall notify the City Engineer, and shall commence and
complete all work within the time specified in the permit, unless
an extension of time is granted by the City Engineer. No work shall
commence until erosion control measures (e.g. silt fence) and advance
warning signs, markers, cones and barricades are in place.
(Ordinance 1446-0-07-14, passed 7-14-20)
Notification to affected property owners. 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, at
its sole cost and expense, 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 1446-0-07-14, passed 7-14-20)
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 1446-0-07-14, passed 7-14-20)
(A)
Revocation
or suspension of permit.
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 chapter 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 correct a condition indicated on an order issued pursuant
to this chapter.
(6)
Repeated
traffic-control violation(s).
(7)
Failure
to protect facilities or repair facilities damaged in the right-of-way.
(8)
Violation
of any part of this chapter.
(9)
Recognition
by the City Engineer that a permit was issued in error.
(10)
Failing to comply with an order of the City Engineer on the permit
and any other valid permit held by the right-of-way user.
(11)
Any safety violation or other action that threatens the health, welfare
and/or safety of the public as solely determined by the City Engineer.
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If the City Engineer determines that the permittee has committed
a breach of any law or condition of the right-of-way permit, the City
Engineer 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 City Engineer may, in his/her
discretion, revoke the permit, provide specifications to cure the
breach, or both. Within three business days of receiving notification
of the breach, permittee shall contact the City Engineer with a plan,
acceptable to the City Engineer, 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.
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(B)
Work
not in accordance with permit declared unlawful.
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 City Engineer, 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 City Engineer
may, in his/her sole discretion, grant a waiver to take the circumstances
into account. Failure to comply with requirements set forth in this
chapter 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 City Engineer has approved alternative
requirements.
(C)
Work
done without a permit.
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 1446-0-07-14, passed 7-14-20)
At any time, the City Engineer may order the immediate cessation
or revocation of any work that poses a threat to the health, safety
or well-being of the public.
(A)
If repairs
to the public rights-of-way are deemed necessary by the city in order
to correct an unsatisfactory or hazardous condition and the need for
such repairs is caused by work (including defective repairs or failure
to repair or maintain) by a utility company or person, the city shall
notify the responsible party. If the responsible party does not provide
an acceptable schedule for commencing the repairs within twenty-four
(24) hours after receipt of such notice, or immediately if an emergency
hazard exists, the city may have such repairs completed at the responsible
party’s sole expense.
(B)
Pending
repair of a hazardous condition as set out above, the city may take
any necessary action to mitigate the hazard.
(C)
The
city may bill the costs of repair or mitigation, as set out above,
to the responsible party who shall be liable for all such costs.
(Ordinance 1446-0-07-14, passed 7-14-20)
The City Engineer 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 City Engineer that the violation has been corrected.
If such proof has not been presented within the required time, the
City Engineer may revoke the permit.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Location
and relocation of facilities.
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 applicant for its proportionate
share from funds provided to the City in such reimbursements.
(1)
If
the utility company fails to relocate facilities in the time required
by the City in this Chapter, the utility company shall be subject
to liability to the City for such delay. In addition, the City (an
approved contractor to remove said facilities) may relocate the utility
company’s facilities after providing reasonable notice to the
affected utility company. Upon receipt of an invoice from the City,
the utility company shall reimburse the City for all costs incurred
by the City for such relocation within thirty (30) calendar days from
the date of the City invoice.
(B)
Relocation
of facilities for the City.
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 1446-0-07-14, passed 7-14-20)
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 City Engineer may allow some or all facilities
to remain if the City Engineer 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.
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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 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.
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(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Undergrounding.
It is the intent of the City to require the undergrounding of
utilities in certain areas to achieve more reliable service, improve
aesthetics, reduce visual clutter in the built environment and provide
for pedestrian amenities and landscaping. These requirements are in
accordance with the franchise agreements set forth in the Code of
Ordinance, the provisions of this Chapter or otherwise agreed to in
writing between the City and a utility. If a location is designated
by the City to be an underground requirement area or Underground District,
then a utility or right-of-way user shall place their facilities underground.
(B)
Undergrounding
service requirements.
(1)
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.
(2)
No
new pole mounted infrastructure will be allowed in designated Underground
Districts.
(Ordinance 1446-0-07-14, passed 7-14-20)
In conjunction with the other provisions of this Chapter, all
poles in the right-of-way shall be metal, 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 the applicable provisions of all City ordinances and regulations.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Size
and location of aboveground facilities.
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 City Engineer. 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. Aboveground facilities cannot conflict with the existing
or future pedestrian path of travel as identified on the Master Transportation
Plan, including any ADA accessible path.
(B)
Height
of overhead line.
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 1446-0-07-14, passed 7-14-20)
Except as otherwise required by this Chapter, 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:
(1)
A right-of-way
user shall utilize existing pole space, conduit, and other facilities
whenever reasonably and/or economically possible.
(2)
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, unless the antenna
is requested as part of a network node and subject to Chapter 284.
(3)
If the
existing pole already has two or more 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 1446-0-07-14, passed 7-14-20)
(A)
Street
closures.
(1)
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 City Engineer. The City Engineer may require a traffic-control
plan. Arrow boards and message boards may be required for lane closures
on thoroughfares. In addition, the following steps shall be taken
before any street or part thereof may be closed or restricted to traffic:
(a)
The permittee must receive the approval of the City Engineer and
the police department;
(b)
The permittee must notify the chief of the fire department (ESD No.2)
of any street closed;
(c)
Upon completion of construction work, the permittee shall notify
the City Engineer, fire department (Emergency District No. 2 known
as “ESD No.2”) and the police department before traffic
is moved back to its normal flow so that any necessary adjustments
may be made; and
(d)
Where flagmen are deemed necessary by the City Engineer, they shall
be furnished by the permittee at its own expense. Through traffic
shall be maintained without the aid of detours, if possible. In instances
in which this would not be feasible, the City Engineer will designate
detours. The City shall maintain roadway surfaces of existing highways
designated as detours without expense to the permittee, but in case
there are no existing highways, the permittee shall construct all
detours at its expense and in conformity with the specifications of
the City Engineer. The permittee will be responsible for any unnecessary
damage as may be determined in the City Engineer’s sole discretion
caused to any highways by the operation of its equipment.
(2)
Except
in an emergency, no street shall be closed on weekdays during the
hours of 6:30 a.m. to 9:30 a.m. and 3:30 p.m. to 6:30 p.m. or outside
normal working hours of the City.
(3)
All
lane closures require 24-hour notification of the police and fire
departments prior to closing.
(4)
Emergency
closures may be permitted with the approval of the City Engineer.
The permittee shall route and control traffic including its own vehicles
as directed by the police department.
(B)
Temporary
rearrangement of aerial wires.
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 1446-0-07-14, passed 7-14-20)
(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. Sediment leaving the work site and entering the
public stormwater system must be cleaned prior to completion of the
job. Upon request of City Engineer, the right-of-way user may be required
to furnish documentation submitted or received from the federal or
state government.
(B)
Maintain
the accessible path.
The right-of-way user shall be responsible
for maintaining an approved accessible path of travel throughout the
project. If maintaining an accessible path through the construction
area is not feasible a suitable temporary path shall be created. Accessible
path’s shall be approved by the City Engineer and maintained
for the duration of the project.
(C)
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.
(D)
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 City Engineer may revoke the permit,
in addition to any other remedies available to the City. At any time
the City Engineer 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.
(E)
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 chapter. 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.
(6)
All
traffic-control devices must be removed immediately upon completion
of work.
(F)
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 chapter, 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 1446-0-07-14, passed 7-14-20)
(A)
Inspection.
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.
(B)
Materials
Testing.
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.
(C)
Backfill
Material.
Whenever any excavation for the laying of pipe
is made through rock, the pipe shall be laid six inches above the
rock bottom of the trench and the space under, around and six inches
above the pipe shall be backfilled with clean river sand, noncorrosive
soil or one-quarter inch minus gravel or in accordance with manufacturer’s
specification if approved in writing by the public works City Engineer.
Broken pavement, large stones, and debris shall not be used in the
backfill.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Duties
of persons making excavations or creating obstructions.
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.
(B)
Emergency
excavations.
Nothing in this chapter 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, chapter 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 City Engineer within 24 hours. Except as specifically provided
otherwise in this chapter for excavations authorized by this section,
permittee shall be subject to all fees and requirements of this chapter.
(C)
Urgent
Work.
If in his/her judgment, traffic conditions, the
safety or convenience of the traveling public or the public interest
require that the excavation work be performed as emergency work, the
City Engineer with the consent of the city manager, if the excavation
is within 300 feet of a residence, shall have full power to order,
at the time the permit is granted, that a crew of men and adequate
facilities be employed by the permittee 24 hours a day to the end
that such excavation work may be completed as soon as possible.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Excavation
in streets.
Except in case of an emergency there shall
be no excavation in any street without the prior written approval
of the City Engineer. 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
provided to the City Engineer 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 and restored to an as good or better condition.
Any damage to pavement outside the removal area shall also be repaired
at the discretion of the City Engineer and subject to the City Engineer’s
approval.
(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.
(5)
Clearance for fire suppression equipment.
The excavation
work shall be performed and conducted so as not to interfere with
access to fire stations and fire hydrants. Materials or obstructions
shall not be placed within 15 feet of fire hydrants. Passageways leading
to fire escapes or firefighting equipment shall be kept free of excavated
material or other obstructions.
(6)
Access to public infrastructure.
The excavation work
shall be performed and conducted so as not to interfere with access
to the City’s public infrastructure such as water valves, water
meters and backflow devices, sanitary sewer manholes, sanitary sewer
cleanouts, stormwater manholes, stormwater drains and inlets, etc.
(B)
Backfill
of excavated area.
(1)
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 City Engineer of the time the backfill will begin.
(2)
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 three 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 City Engineer. Outside of pavement surfaces, compaction
of all backfill shall be 95 percent of maximum density with a moisture
content of minus three percent to 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 1446-0-07-14, passed 7-14-20)
(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 City Engineer may, in her 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 City Engineer
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
fourteen (14) 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 City Engineer, reimburse the City for pavement
restoration costs as provided for in this chapter. 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 City Engineer determines,
in her 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, if possible,
unless otherwise approved by the City Engineer. 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 City Engineer. 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 City Engineer prior to work beginning.
(J)
The
permittee shall not disturb any surface monuments or hubs found on
the line of excavation work until approved to do so by the City Engineer.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Restoration
of pavement.
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 City Engineer.
(2)
All
excavations shall comply with the City construction standards, as
amended, and requirements of this chapter. Unless otherwise required
by City standards, as amended, or if unusual conditions are encountered,
the City Engineer 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 City Engineer.
(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.
(B)
Permanent
pavement repairs.
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 principal
and within 14 days on residential, local and alley streets after the
City Engineer makes final inspection. Backfill failures shall remain
the responsibility of the right-of-way user.
(C)
Substandard
repair of pavement of right-of-way.
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 chapter, including, without
limitation, reimbursement to the City of the cost to restore the street
and/or right-of-way.
(Ordinance 1446-0-07-14, passed 7-14-20)
In the event any work governed by this chapter is not completed
by the right-of-way user within the time required or in accordance
with the specifications required herein or by the City Engineer, the
City Engineer 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 1446-0-07-14, passed 7-14-20)
All construction work in the streets, right-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 City
Engineer, 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
City Engineer, then upon written demand or notice from the City Engineer,
such right-of-way user or contractor shall promptly remedy, complete
and/or remove and reconstruct such incomplete or defective work all
as the City Engineer 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 City Engineer, then, if required by the City Engineer,
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 City Engineer 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 City Engineer, 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 subsection.
(Ordinance 1446-0-07-14, passed 7-14-20)
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 City Engineer, sufficient
reason therefore having been given to his satisfaction, grants a written
extension of time.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Reporting
completion of work.
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.
(B)
Effect
of chapter on persons engaged in construction.
Any permit
issued prior to the adoption of this chapter 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
chapter, except that, upon expiration or conclusion of the permit,
a new or renewal permit must be obtained in accordance with this chapter.
(Ordinance 1446-0-07-14, passed 7-14-20)
