9-1-4: EXCAVATING FOR WATER MAINS:
The contractor will be required to do all excavation, including earth, rock and any other material. The trenches shall be of such depth that there shall be at least five and one-half feet (51/2') of cover below the surface of the street. Where the surface of the street is above the established grade, there shall be at least five and one-half feet (51/2') of cover below such grade. “Contractor”, as used in these specifications, refers to the part of the first part to the agreement for the construction of the work specified.
   A.   Specifications: Excavations shall be done under the following:
      1.   Manner Of Depositing Material Excavated: The material excavated shall be deposited on the side of the trenches beyond the reach of slides and banks trimmed up so as to be of as little inconvenience as possible to public travel or tenants occupying the adjoining property. In case it is necessary to place excavated material on any sidewalk, the contractor shall erect barriers to keep the earth at least four feet (4') from the front of all buildings and from the inner portion of the sidewalk, in front of residence property the earth shall in all cases be kept off the sidewalks. In case earth is deposited on grass plots, the contractor shall remove it carefully so as not to destroy the grass.
      2.   Paving To Be Replaced: All paving, macadamizing, planking, sidewalk, culverts or crosswalks of whatever nature must be carefully removed before the excavation is made, and when removed the material must be kept separate from the excavated material and replaced in as good and safe condition as before being removed, subject to all rules and regulations of the director of public works. In case the character of the ground requires it, to protect the work, the street or the workers, the sides of the trenches must be supported by suitable bracings. (Ch. 30 Art. III, 1956 Code)
      3.   Concrete Under Pipe When Necessary: Whenever the ground is sufficiently firm, the pipes may be laid directly on the bottom of the excavation; but wherever, in the judgment of the director of public works, it is necessary to put bedding stone, timber or plank under the pipe, the contractor shall furnish such stone, timber or plank as may be designated at his own cost. (Ch. 30 Art. III, 1956 Code; amd. 2002 Code)
      4.   Supports: No water pipe of sixteen inches (16") or greater diameter shall be laid without such support placed as shall be designated by the director of public works.
      5.   Material Furnished By Contractor: All material of every kind, unless specifically mentioned in the contract, must be furnished by the contractor.
      6.   Pipes Protected: All water, gas, sewer or other pipes or conduits of any kind and cables are to be carefully supported and protected from injury by the contractor while the excavation is being made and the backfilling finished, or if necessary, until the proper officers remove or change the same. The earth shall be filled in carefully under and around all pipes and thoroughly rammed, so as to render their position as safe and permanent as before. Any damage done to the pipes or caused by neglect to attend to them shall be paid by the contractor.
      7.   Contractor To Do Necessary Pumping: The contractor will be required to do all necessary pumping or bailing, build all drains, and do all other work necessary to keep the trenches clear of water during the progress of the work at his own expense.
      8.   Blasting Rock: When rock is encountered in excavating the trenches and is removed by blasting, the trenches must be carefully covered so as to prevent danger to life or property. the rock must be excavated not less than six inches (6") below the bottom of the pipe and all irregularities in the bottom of the rock trench must be filled and rammed in place, and the trench brought up to the proper level to lay the pipe, and the earth under the pipe must be rammed to give a firm foundation. (Ch. 30 Art. III, 1956 Code)
      9.   Manner Of Filling Trenches: After the pipe is laid and as soon as possible thereafter, the backfilling is to be commenced by thoroughly ramming the earth under and around the pipe to a point level with the top of the same. Above the pipe, the backfilling is to be placed in layers of nine inches (9") to twelve inches (12") and thoroughly rammed, or it may be puddled or jetted as the director of public works may direct. All of the material excavated must be put back in the trench, and whatever more material may be required to fill the trench must be furnished by the contractor at his own expense. The backfilling shall not be left unfinished more than two hundred feet (200') behind the completed pipe work. (Ch. 30 Art. III, 1956 Code; amd. 2002 Code)
   Surplus material and rubbish must be entirely removed from the street at the expense of the contractor, as may be directed by the director of public works.
      10.   Contractor To Give Personal Attention: The contractor must give his personal attention to the work, or must have a person do the work who has authority to act for him in any and all cases. Any instruction given to his agent will be considered as notice to the contractor.
      11. Improper Materials Or Workmanship: The director of public works, or the inspector or engineer in charge, must be permitted to remove such portions of the work as he may think necessary to the discovery of improper materials or workmanship. The contractor shall restore such work at his own expense if done improperly, otherwise at the expense of the city.
      12. Incompetent Employees: The contractor will be required to dismiss any incompetent or unfaithful employee on demand of the director or an inspector, and the person shall not be reemployed without consent of the director. All orders of the director, or of an inspector, must be faithfully and implicitly carried out. (Ch. 30, Art. III, 1956 Code)
      13. Extra Work: No claims for extra labor or material furnished by the contractor shall be allowed unless ordered in writing by the director of public works, and all claims for damages for any cause whatever must be reported to the inspector at the time such damages occur and all claims for extras shall be presented to the director daily, on the day such extra work, if any, is done. (Ord. M-38-89, 9-5-1989)
      14. Suspension Of Operations: If for any cause the director of public works finds it necessary or desirable to suspend operations, it is to be done by the contractor on due notification, and he will not be entitled to damages because of such suspension. He will, however, be allowed further time for the completion of his contract equal to the delay ordered. All work shall be commenced and carried on at such time and in such manner as the director of public works may direct. (Ch. 30 Art. III, 1956 Code)
      15. Utilities/Railroad Tracks: The contractor shall provide the city, and the owners of the various utility companies, all the necessary insurance and permits required.
   Should it be necessary to remove the railroad tracks, gas pipes, sewer pipes, electric wires or any portion thereof, the director of public works shall notify the company, its agents or superintendents, to remove same within a specified period of time. The contractor shall not interfere with the tracks, gas pipes, electric wires or sewer pipes, or any portion thereof, until the expiration of the time specified in the director’s notice. (Ord. M-38-89, 9-5-1989)
      16. Disputes; Settlement: All disputes as to the meaning of these specifications, explanations or directions necessary to satisfactorily complete the different descriptions of work contemplated and provided for under the contract will be given by the director of public works, and his decision shall be final and binding as between any contractor and the city, subject to the ratification by the mayor and city council. (Ch. 30 Art. III, 1956 Code)
   B.   Excavation When Ground Frozen: No person shall make any excavation in any street or avenue of the city within four and one-half feet (41/2') of any laid water pipe when the ground is frozen, except by special order of the director of public works, which permission shall be in writing. (Ord. M-38-89, 9-5-1989; amd. Ord. M-59-93, 12-6-1993)