3.3.216: RELOCATION AND PROTECTION OF UTILITIES:
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)