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A. All excavators shall at all times, and at their own expense, preserve and protect from injury to adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of the property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the excavator shall obtain written permission from the owner of the private property prior to entering.
B. The excavator shall, at its own expense, shore up and protect all buildings, walls, fences, utility lines or other property that may be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out the work. Whenever it may be necessary for the excavator to trench through any lawn area, the area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before the work began.
C. The excavator shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the appropriate City department or official having control of the property and the City Forester.
D. Nothing in this part shall be construed as a waiver of the City's immunities under the Governmental Immunity Act or other law. (1968 Code §10-109; Ord. 74-56; Ord. 85-214; Ord. 01-42)
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in a manner as not to endanger pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as in a narrow alley, or where a dangerous condition may be created, the City Engineer shall have the authority to require that the excavator haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the excavator's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites. Proper barricading shall be set up and maintained in accord with the latest edition of the MUTCD.
All material excavated shall be laid compactly along the side of the trench and kept trimmed to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the City Engineer. Whenever necessary to expedite the flow of traffic or to abate the dirt or dust nuisance, tow boards or binds may be required by the City Engineer.
The maximum length of open trench permissible at any time shall be not more than five hundred (500) linear feet or no more than one block, but in any case, no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without the prior written permission of the City Engineer. (1968 Code §10-110; Ord. 74-56; Ord. 85-214; Ord. 01-42)
A. The excavator shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot (1') in width from the face of the curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.
B. The excavator shall make provisions to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from slicing or other operations and shall be responsible for any damage resulting from its failure to so provide.
C. The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, traffic signal controllers, valve housing structures and all other vital equipment as designated by the City. (1968 Code §10-111; Ord. 74-56; Ord. 85-214; Ord. 01-42)
A. Heavy duty pavement breakers may be prohibited by the City Engineer when the use endangers existing substructures or other property.
B. All existing concrete that is within the public right of way such as sidewalks, driveways, curb and gutter and cross pans shall be saw cut if removal is called for and in the case of cross gutters or driveways, dowels may be required by the City.
C. Approved cutting of bituminous pavement surface ahead of excavations may be required by the City to confine pavement damage to the limits of the trench.
D. Sections of sidewalks, curb and gutter shall be removed to the nearest score line or joint.
E. Unstable pavement shall be removed over caveouts and overbreaks and the subgrade shall be treated as the main trench.
F. Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench by using saw cut method prior to patching. Patching shall conform to current City specifications.
G. Cutouts outside of the trench lines must be normal or parallel to the trench line for all laterals and services. Valve casings are excluded.
H. Boring or other methods to prevent cutting of pavement may be required by the City.
I. The excavator shall not be required to repair pavement damage existing prior to excavation unless the cut results in small floating sections that may be unstable, in which case the excavator shall remove and pave the area. Patching shall be in accord with current City specifications and shall conform to line and grade of existing surface.
J. Any cut in a paved or overlaid street that is less than three (3) years old shall require a special application from the excavator to the City. The application shall state why the new street must be cut. If permission is granted, the City will require a six inch (6") concrete slurry mix to be placed in lieu of base course if the cut is equivalent of one hundred (100) square feet or less.
K. All laterals from a main trench on a street that is less than three (3) years old or overlaid within three (3) years of date of application for street cut shall be repaired with a six inch (6") concrete slurry mix in lieu of base course. (1968 Code §10-112; Ord. 74-56; Ord. 85-214; Ord. 01-42)
A. Each excavator shall conduct and carry out excavation work in a manner to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The excavator shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris. No excavations shall be permitted between the hours of eight o'clock (8:00) P.M. and seven o'clock (7:00) A.M. except with the express written permission of the City or in case of an emergency as otherwise provided.
B. Prior to opening an excavation in a public place, it shall be the duty of the excavator to determine whether underground facilities and utilities, (i.e., sewer, telephone, water, fuel, electric lines, underground traffic signal cables, cable television, etc.), will be encountered, and if so, where the underground facilities are located. No excavator, excavator's employee or agent, any subcontractor of the excavator or any other person shall commence any excavation unless and until information regarding facilities and utilities has been requested and obtained detailing the status of the public place in question not more than five (5) working days prior to the excavation.
If emergency conditions make location impossible, the excavator shall make reasonable efforts to obtain information concerning the existence and location of facilities or utilities prior to beginning excavation, by notifying the appropriate City department, unit or other public or private entity of the date on which excavation will commence and requesting that information regarding the existence and location of facilities or utilities. Nothing, however, shall relieve the excavator or any other person from the duty to obtain more current information where circumstances are such that the excavator knew or reasonably should have known that the action was appropriate.
C. When the excavation approaches the estimated location of the facility or utility, the exact location shall be determined and reasonable precautions, to include hand digging at the estimated location, shall be taken in uncovering the facility. When it is located, proper support shall be provided for the existing facility or utility. Utility companies, traffic engineering division, telephone company, cable television company and any other company having underground facilities or utilities shall be contacted and advised of proposed work five (5) days prior to the start of actual excavation.
D. It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain the barriers, warning devices and routing signs necessary for safety as specified by the MUTCD. (1968 Code §10-116; Ord. 74-56; Ord. 85-214; Ord. 98-185; Ord. 01-42)
No person shall without the City's written permission install any substructure, except manholes, vaults, valve casings, culverts and catch basins at a vertical distance less than:
A. Streets: Twenty four inches (24") below the established flow line of the nearest gutter. If the flow line is not established, and a design is not available, then the depth shall be a minimum of twenty four inches (24") below the surface of the nearest outermost edge of the traveled portion of the street.
B. Parkway:
1. Substructure Parallel To Parkway: The minimum depth of any substructure shall be sixteen inches (16") below established gutter grade when the substructure parallels the parkway, "depth" to mean the top of the structure or minimum cover.
2. Substructure At Right Angle To Parkway: The minimum depth of any substructure shall be twelve inches (12") below the top of the established sidewalk or top of curb section when the substructure is at right angles to the parkway, "depth" to mean minimum cover.
3. Other Public Places: The minimum depth of any substructure in any other public place shall be twelve inches (12") below the surface. The City may permit a lesser depth in special cases.
C. Grade Changes: Nothing in this section shall impose a duty upon the excavator to maintain required specifications upon subsequent changes of grade in the surface unless the grade in the substructure interferes with the maintenance of, or travel on, a public street. (1968 Code §10-113; Ord. 74-56; Ord. 85-214; Ord. 01-42)
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