[Approved 5-24-1979 by Ch. No. 1687]
As used in this Article, the following terms shall have the meanings indicted:
APPROXIMATE LOCATION OF UNDERGROUND FACILITIES
A strip of land not more than three feet wide or a strip of land extending not more than one and one-half (1 1/2) feet on either side of the underground facilities.
DAMAGE
Includes but is not limited to the substantial weakening of structural or lateral support of a utility line, penetration or destruction of any utility line protective coating, housing or other protective device or the severance, partial or complete, of any utility line.
DEMOLITION
The wrecking, razing, rending, moving or removing of any structure.
DESIGNEE
One who is designated for a specific purpose or duty.
EXCAVATION
An operation for the purpose of removal of earth, rock or other materials in the ground, or otherwise disturbing the subsurface of the earth, by the use of powered or mechanized equipment, including but not limited to digging, blasting, auguring, backfilling, test boring, drilling, pile driving, grading, plowing-in, hammering, pulling in, trenching and tunneling, excluding the movement of earth by tools manipulated only by human or animal power and the tilling of soil for agricultural purpose.
GOVERNING AUTHORITY
The permit issuing authority.
PERSON
An individual, partnership, corporation or association or public utility, including a person engaged as a contractor by a public agency but excluding a public agency.
PUBLIC AGENCY
The state or any political subdivision thereof, including any governmental agency.
PUBLIC UTILITY
The owner or operator of underground facilities for furnishing electric, gas, liquid, telephone, telegraph, pipeline, (excluding storm drains), sewage, water, community television antenna, steam or traffic signal service, including a municipal or other public owner or operator.
TEST PITS
Suitable excavation by hand or machine at designated areas for determination of the exact location of underground utilities facilities.
No person, public agency or public utility will engage in excavation or discharge explosives or demolish a structure containing a public utility facility without having first ascertained in the manner prescribed in this Article the location of all underground facilities of public utilities in the area or the absence thereof and in addition thereto, must obtain a permit from the Director of Public Works for such work.
A. 
A person, public agency or public utility responsible for excavating or discharging explosives will notify the designee of the Director of Public Works of such proposed excavation or discharge by telephone at least two full days, excluding Saturdays, Sundays and holidays, but not more than 10 days before commencing such excavation or discharge of explosives.
B. 
When demolition of a building containing a public utility facility is proposed, the person shall notify the designee of the Director of Public Works of such demolition at least 10 days prior to the commencement of the demolition of the building. Such notice will include the name, address and telephone number of the entity giving notice, the name of the person, public agency or public utility performing the work and the starting date and type of excavation, demolition or discharge of explosives. The designee of the Director of Public Works will immediately transmit such information to the public utilities whose facilities may be affected.
C. 
If the Director of Public Works determines that a preconstruction conference is necessary, the Director shall so notify all public utilities owning underground facilities in the work area; all so notified must attend. The person, public agency or public utility doing the work must supply a work schedule to all owners of underground facilities in the work area prior to the commencement of work.
In situations requiring a public utility to be present at the scene for unscheduled discharging of explosives, the person shall give the designee of the Director of Public Works four hours notice, and the public utility shall respond within four hours of receipt of such notice.
A. 
A public utility served with the notice in accordance with § 198-8 will, not less than the working day in advance of the proposed excavation, discharging of explosives or demolition (the work) unless otherwise agreed between the person or public agency performing the work, mark the approximate location of the underground facilities in a manner as to enable the person or public agency to employ hand-dug test pits or other similar means using reasonable care to establish the precise location of the underground facilities in advance of the work. In areas of questionable location of underground facilities, the person will excavate test pits to determine line and grade of said facilities. The authorization to dig test pits will be granted by the property owner or his or her agent at the request of the person prior to construction in the area. The cost of excavating such test pits to locate utilities shall be borne by the person for whom the work is being performed. If permission is refused by the property owner or his or her agent and damage is done to underground facilities, the property owner will assume responsibility for all costs incurred. For the purposes of this Article the approximate location of underground facilities will be marked with stakes or other physical means. The public utility shall follow the color coding prescribed herein:
Utility and Type of Product
Identifying Color
Electric power distribution and transmission
Safety red
State and municipal electric systems
Safety red
Gas distribution and transmission
High visibility safety yellow
Dangerous materials, product line
High visibility safety yellow
Telephone and telegraph systems
Safety alert orange
Cable television
Safety alert orange
Police and fire communications
Safety alert orange
Water systems
Safety precaution blue
Storm and sanitary systems
Green
B. 
If the precise location of the underground facilities cannot be established, the person or public agency will then notify the public utility which shall provide such further assistance as may be needed to determine the precise location of the underground facilities in advance of the proposed work, tunneling or grade change, discharging of explosives or demolition operations.
A. 
In case of emergency involving danger to life, health or property or which requires immediate correction in order to continue the operation of a major industrial plant or to assure the continuity of public utility service, then excavation, maintenance or repairs may be made without using explosives if notice and advice thereof are given to the designee of the Director of Public Works who will notify the Director of Public Works as soon as it is determined that an emergency exists.
B. 
In case of an emergency involving an immediate and substantial danger of death or serious personal injury, explosives may be discharged if notice and advice thereof are given to the designee of the Director of Public Works, who will notify the Director of Public Works so as to give reasonable notice to the affected public utility, which shall then immediately respond to such notice before the discharge is undertaken.
Upon receiving the information provided for in § 198-10, a person, public utility or public agency excavating, tunneling or discharging explosives shall exercise reasonable care when working in close proximity to the underground facilities of any public utility. When the facilities are to be exposed, only hand digging immediately adjacent to the utility shall be employed and such support, as may be reasonably necessary for the protection of the facilities, shall be provided in and near the work area.
When any contact with or damage to any pipe, cable or its protective coating or any other underground facility of a public utility occurs, the public utility shall be notified immediately by the person or public agency responsible for the operation causing the damage. Upon receiving the notice, the public utility shall dispatch personnel to the location immediately to effect temporary or permanent repair of the damage. If a serious electrical short is occurring or if dangerous fluids or gases are escaping from a broken line, the person or public agency responsible for the operations causing the damage shall evacuate the immediate area while awaiting the arrival of the public utility personnel.
A. 
It is the intent of this Article to provide the minimum requirements for backfilling of utility excavations. These specifications shall not be deemed to supersede other local agency, state agency, federal agency or contractual specifications which are more stringent. Utility trenches may be backfilled with materials selected from the the trench excavation, provided that the material meets the following minimum requirements or the trench shall be backfilled with acceptable material obtained from other sources. Backfill for utilities will consist of three components:
(1) 
Pipe bedding material.
(2) 
Pipe or conduit cover material extending from the bedding to 12 inches above the top of the utility.
(3) 
Trench backfill material extending from the 12 inches above the pipe or conduit to subgrade.
B. 
Pipe bedding shall be provided in accordance with the pipe or conduit manufacturer's recommendations, utility company standards, the recommendations of a registered professional engineer or the governing authority and shall consist of concrete, sand, gravel or processed crushed stone. Naturally occurring materials may be utilized as bedding material if approved by the utility company, the registered professional engineer in charge of the project or the governing authority. Bedding material shall have a minimum thickness of the outside pipe diameter divided by four [outside diameter (OD), four] or four inches, whichever is greater. Bedding material shall be placed in layers not exceeding six inches loose measure in depth and compacted with tie tampers, vibratory plate tampers or other equipment specifically designed for the compaction of backfill material.
C. 
All backfill or cover material placed in trenches below a level 12 inches above the top of the pipe or conduit and above the bedding material shall consist of sand, gravel or a mixture of sand, gravel and silt containing not more than 20% by weight of material passing the No. 200 sieve nor materials larger than two inches in diameter. Materials shall conform to Unified Soil Classification System groups, or combination of groups, GW, GP, SW and SP or in accordance with pipe or conduit manufacturer's recommendations, utility company standards, the recommendations of the registered professional engineer in charge of the project or the governing authority. Pipe cover material to a level 12 inches above the top of the pipe shall be placed and compacted in layers not exceeding six inches loose measure and shall be compacted with tie tampers, vibratory plate tampers or other equipment specifically designed for compaction of backfill material. The backfill shall be deposited uniformly on both sides of the utility and shall be firmly compacted to provide uniform support around the utility, free of voids.
D. 
The balance of backfill in trenches shall be compactable material consisting of sand, gravel or a sand, gravel and silt mixture without any stones, rock fragments or other materials larger than eight inches in their greatest dimension conforming to Unified Soil Classification System groups, or combination of groups, GW, GP, GM, SW, SP, SM. It shall be spread in layers not exceeding 12 inches in loose measure and each layer shall be compacted by tie or plate-type vibratory compactor or other equipment specifically designed for the compaction of backfill material, unless otherwise approved by the governing authority, the utility or the registered professional engineer in charge of the project. All trench backfill shall be carefully placed to avoid disturbance of the new work and/or existing utilities or structures. The moisture content of backfill shall be such that proper compaction will be obtained. Unless otherwise indicated, backfill shall be brought to the surface of the surrounding ground and neatly graded. Where the utility is in a roadway, the final roadway cross section shall be as required by the governing authority. All materials placed within the utility trench shall be free of peat, vegetable or organic matter, clay lumps, frozen material, tree roots, stumps, rock fragments, asphalt fragments or concrete fragments larger than the maximum size indicated above, or boulders or other deleterious materials or any materials in the PT, OH, CH, MH or OL groups of the Unified Soil Classification System. Materials classified as CL, ML, SC and GC may be used only if approved by the governing authority or the registered professional engineer in charge of the project.
This Article shall not be construed to authorize, affect or impair local ordinances, charters or other provisions of law requiring permits to be obtained before excavating or tunneling in a public street or highway or to construct or demolish buildings or other structures on private property nor construed to grant any person or public agency any rights not specifically provided by this Article. A permit issued by a public agency shall not be deemed to relieve a person from the responsibility for complying with the provisions of this Article. The failure of any person who has been granted a permit to comply with the provisions of this Article shall not be deemed to impose any liability upon the public agency issuing the permit. This Article shall not preclude establishment of working agreements between public utilities and contractor associations to accomplish the intent and purpose of this Article.
The Department of Public Works shall have the power to enforce the provisions of this Article. Any disagreement between a public utility, public agency or a person shall be referred to the Municipal Court whose order shall be binding upon the parties.
The Director of Public Works or his or her designee shall not be held liable for any loss or damage to the property of any public utility due to failure of the Director of Public Works or his or her designee to notify such public utility of any proposed work or for the failure of any utility to properly mark its facilities.
[Amended 7-25-1996 by Ord. No. 2420]
Any person who violates §§ 198-8, 198-9, 198-11, 198-12 and 198-13 of this Article shall be subject to the following penalties: $200 for the first violation and $500 for each such violation thereafter. Actions to recover the penalty provided for in this section shall be brought by the City Solicitor. Any person who violates any other provision of this Article shall be subject to a penalty of not less than $200 for each violation. All penalties recovered in any such actions shall be paid into the City general fund. This Article does not affect any civil remedies for personal injury or property damage (including underground facilities) except as otherwise specifically provided for in this article.