Note: As to requirement that contractors notify director of public works prior to making excavations in streets, see § 39.02.080 of this Code.
No person shall make, cause or permit to be made any excavation in or trader the surface of any public street, alley, sidewalk or other public place for any purpose without first obtaining from the public works director a written permit to make such excavation. The permit shall contain a time limit within which the work shall be completed. Any contractor performing work under a contract with the city shall comply with the terms of his contract and specifications for that work, and shall not be subject to the provisions of this article.
(Code 1964 § 5-5.301)
Prior to obtaining a permit under this article, a deposit to cover the cost of inspection and of restoring such public street, alley, sidewalk or other public place to its original condition together with the incidental expenses therewith shall be made.
A schedule of deposits required shall be prepared by the public works director, approved by the city manager and placed on file in the office of the city clerk.
Deposits shall not be required of any public utility or political subdivision but all other provisions of this article shall apply. Inspection costs for public utilities and political subdivisions shall be determined in the same manner as for private parties, and payment thereof shall be made upon request by the city.
(Code 1964 §§ 5-5.303, 5-5.304)
All excavation and restoration of improvements shall be done in a good and workmanlike manner and in conformity with the construction standards and detail design drawings for such work on file in the office of the city clerk. All improvements damaged, disturbed or removed during the progress of the work shall be restored or replaced to the satisfaction of the public works director.
(Code 1964 § 5-5.302)
After the work has been started it shall be diligently and continuously prosecuted until completed. All work shall be completed within the time specified in the permit unless an extension of time for good cause shown is approved by the public works director.
(Code 1964 § 5-5.305)
During the performance of the work the permittee shall provide and maintain any barricades, signs, flares, lights, flagger or watchperson necessary to insure full and complete safety by the general public.
(Code 1964 § 5-5.306)
All work done by the permittee shall be inspected by the city and the permittee shall pay the city for such inspection. Costs for this shall be included in the schedule referred to in Section 35.03.020.
(Code 1964 § 5-5.307)
The permittee shall be responsible for all claims and liabilities proximately arising out of work performed under the permit. The permittee shall and by acceptance of a permit under this article, agree to defend, indemnify and hold harmless the city, its officers and employees, from and against all suits, claims or actions brought by any person for or on account of any bodily injuries, disease or illness or damage to persons or property, or both, sustained or proximately arising in the construction of this work performed under the permit.
(Code 1964 § 5-5.310)
All work shall be programmed as to cause the minimum of interference with traffic and inconvenience to the public. Free and unobstructed access shall be provided to all mail boxes, fire hydrants, water gates, valves and other public structures and property as may be required for emergency use. Such public structures or property shall not be removed or relocated without proper coordination with the properly constituted authorities charged with their control and maintenance. The working shall be confined so as not to obstruct the roadways and walks unnecessarily. Temporary roadways, driveways and walks for pedestrians and vehicles shall be constructed when required by the public works director.
(Code 1964 § 5-5.311)
Public utilities may excavate within city streets, alleys, sidewalks or other public places for the purpose of making repairs in cases of emergency requiring immediate action. In such cases, the public works director shall be immediately notified of such action and the public utility, at its own expense, shall replace the street, alley, sidewalk or other public place in as good condition as before excavation and as soon as is feasible.
(Code 1964 § 5-5.312)
All excavations, refilling of excavations and repairing of street surfaces pursuant to this article shall be made to the satisfaction of the public works director. It shall be the duty of the public works director to enforce the provisions of this article.
(Code 1964 § 5-5.309)
(a) 
Any owner installing facilities providing water, sewer, stormwater drainage, gas, electric, communication, video or other utility services in city streets shall participate in quarterly meetings with City of Davis public works staff and prepare a utility master plan, in a format specified by the American Public Works Association (APWA) Utility Committee, that shows all of the owner's planned major utility work in city streets for the coming year. Prior to applying for an excavation permit, any owner planning to excavate in city streets shall coordinate, to the extent practicable, with other owners to minimize damage to, and avoid undue disruption and interference with, the public use of city streets.
(b) 
Whenever applicants propose construction work that involves cutting or excavation of pavement within the city street in the same block, the department shall condition permits for such work in a manner that maximizes coordination and minimizes the total period of construction. Such work may be conditioned to require the applicants to participate in a single excavation and pay their pro rata share of applicable fees and costs. Applicants may seek a waiver of the joint excavation requirements with respect to a particular excavation. Within thirty days of receipt of a written request for a waiver, the director shall render a decision upon such a request, considering the impact of the proposed excavation on the neighborhood, the applicant's need to provide services to a property or area, facilitating the deployment of new technology as directed pursuant to official city policy, and the public health, safety, welfare, and convenience.
(Ord. 2640 § 1, 2023)