As used in this article, the following words
shall, unless inconsistent with the context, be construed as follows:
AGENCY
The agency of government, public utility or company for whom
the work is being done.
CONTRACTOR
The person, firm, corporation or combination thereof, private
or municipal, actually performing the work.
ENGINEER
The City Engineer, including his duly authorized agents.
All work done in public streets and public easements
shall be in accordance with this article, and the agency or contractor
shall perform the work in compliance with applicable laws and regulations
of the federal government, the state and the City which limit or control
the work in any manner.
Any exception to the requirements of this article
must be requested of the Board of Public Works in writing and permission
granted in writing.
Other than in the event of bona fide emergency,
the City Engineer, the Fire Department and the Police Department must
be notified of the starting date and time of each and every project
within the public streets or easements. If notification is not given
before commencement of the project, a fine of $500 shall be levied
for each day or fraction thereof during which the project has been
underway and the contractor shall immediately stop work and return
the public street or easement to the condition it was in before excavation
started.
The contractor shall not disturb any monuments
or tie points found on the line of the improvements without permission
from the Engineer. The contractor shall bear the expense of resetting
any monuments or tie points which are disturbed without permission.
The contactor shall be required to arrange for
water service and shall be required to pay for any and all water consumed
by the contractor or subcontractors during the course of construction.
Excavation for trenches shall include the removal
of all material of whatever nature necessary for the installation
of the pipe or facility and shall include the construction of trench
shoring and timbering and all necessary installations for dewatering
whenever required.
The bottom of the trench shall be prepared to
provide a firm foundation for the pipe or facility in accordance with
the bedding conditions specified for the type of pipe or facility
to be installed. The subgrade of the trench shall be kept free of
standing water. Where the trench subgrade material is found to be
unsuitable and does not afford a solid foundation, the contractor
shall excavate to such depth as necessary to construct a stable foundation.
A stable foundation shall be constructed by placing crushed rock or
other approved material.
[Amended 3-12-1985 by Ord. No. O-84-79]
Any agency or contractor who shall violate any of the provisions of this article or fail to comply herewith, or who shall violate or fail to comply with any order or regulations made under this article, or who shall carry out construction in violation of any detailed statement or specifications or plans submitted and approved under this article, or any certificate or permit issued under this article, shall, severally for each and every such violation and noncompliance respectively, be subject to punishment as provided in §
1-12. The imposition of one penalty for any violation of this article shall not excuse the violation, or permit it to continue; and all violators shall be required to correct or remedy violations or defects within a reasonable time. When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
Any agency or contractor who shall violate any of the provisions of this article, in addition to the penalty imposed by §
285-52 shall become liable to the City for any expense, loss or damage occasioned by the City if the City has to expend labor and materials in repairing or restoring public streets and public easements to their conditions before any work was done by the agency or contractor; provided, however, that as a condition precedent to such liability the City shall provide written notice of the required repair or restoration and that the agency or contractor has been provided a reasonable time after notice, not less than 30 days, to accomplish such repair or restoration.