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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)
Backfilling shall be in accord with current City standard specifications. The City Engineer may require soil tests conducted by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics. For the resurfacing to be permitted, the tests must show that the backfill material meets the minimum requirements prescribed by the City. All expense of the tests shall be borne by the excavator. The excavator shall be responsible for any trench failure for a one year period. Testing shall be required on all streets less than three (3) years old or that have been overlaid within three (3) years, and also when required by the City Engineer, which will be noted on the permit when returned for patching. (1968 Code §10-114; Ord. 74-56; Ord. 85-214; Ord. 01-42)
Permanent resurfacing of excavations can be made by the City at the expense of the excavator if requested on the application. The excavator shall provide that the top surface of the compacted backfill be covered with two inches (2") of bituminous temporary resurfacing material before the trench is opened to traffic. The temporary paving material may be cold mix. All temporary paving material shall conform closely enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The excavator shall maintain temporary paving for a period not exceeding thirty (30) days after all backfilling is completed.
If it is not possible to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicular traffic, then the excavator shall maintain barriers and lights where required in accord with the MUTCD. The excavator shall notify the City that the trench is ready for permanent resurfacing by returning one copy of the permit form.
In the case of failure or settlement of any repaired or new excavation made by the excavator which in the opinion of the City endangers the safety of the pedestrian or motoring public, the excavator shall cause emergency repairs or barricading to be made within two (2) hours after notification. Should the excavator fail to repair or barricade within the specified time limit, the City will cause the emergency repairs or barricading to be accomplished and will bill the responsible party for their cost with a minimum charge per trip to be twenty five dollars ($25.00) and an additional charge for barricades that remain over twenty four (24) hours. (1968 Code §10-115; Ord. 74-56; Ord. 85-214; Ord. 01-42)
The excavator shall take appropriate measures to cause as little inconvenience as possible to the general public by proper routing of traffic through or around the construction area. The City may permit the closing of streets and alleys to all traffic for a period of time, if in its opinion it is necessary, and this shall be stated on the application form.
When conditions exist which require the manual direction or control of vehicular or pedestrian traffic, it shall be the responsibility of the excavator to provide an off-duty police officer or flagmen for as long as may be necessary to effect control. The number of officers or flagmen and the duration of their duty shall be determined by the City. (1968 Code §10-116; Ord. 74-56; Ord. 85-214; Ord. 01-42)
The excavator shall not interfere with any existing facility without presentation of the owner's written consent to the City. If it becomes necessary to relocate an existing facility, this shall be done by its owner or under the owner's supervision or with the owner's written consent. No facility owned by the City or Utilities shall be moved to accommodate the excavator unless the cost of the work be borne by the responsible party. The cost of moving privately owned facilities shall be similarly borne by the excavator unless it makes other arrangements with the person owning the facility. The excavator shall support and protect by timers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across the work. The excavator shall secure approval of support method and protection from the owner of the facility. In case any of the pipes, conduits, poles, wires or apparatus is damaged, (and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure), the excavator shall promptly notify the owner. All damaged facilities shall be repaired equal to or better than the original condition by the agency or person owning them or under their supervision or with the owner's written consent and the expense of the repairs shall be charged to the excavator. It is the intent of this section that excavator shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of the facility damage, and the assumption of liability is a contractual obligation of the excavator until the time repairs have been made and accepted by the owner of the facility. The excavator shall locate all underground facilities and protect them against damage. (1968 Code §10-117; Ord. 74-56; Ord. 85-214; Ord. 01-42)
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