(Amended by Ord. No. 171,924, Eff. 3/27/98.)
(a) Work Subject to Provisions Governing Performance. Performance of work authorized by an excavation permit issued under the provisions of Section 62.02 shall be governed by the provisions of this section.
EXCEPTION: Performance of work in connection with the installation of sewer or storm drain connections shall be governed by the provisions of Section 64.17 and performance of work being done under the Permit “A” and Permit “B” provisions of this article or under contract with the Board is governed by the provisions of the current Standard Specifications of the Department of Public Works.
(b) Notification of Start of Work. The permittee shall notify the Bureau of Contract Administration not less than one working day prior to starting work on any excavation. In the case of an excavation by a department of this City, such notification shall be made by the responsible supervisor. (Amended by Ord. No. 186,854, Eff. 1/14/21.)
(c) Prosecution of Work. Unless otherwise provided in special conditions on the permit governing the dates and hours during which work is to done, the work of making and refilling an excavation shall be prosecuted diligently and continuously until completion so as not to obstruct traffic on any roadway or sidewalk longer than is actually necessary.
If the responsible party shall fail, refuse, or neglect to promptly refill any excavation or to promptly perform any other necessary work, the Board may perform such work, and in cases where funds are on deposit with the City in connection with the permit under which the excavation or work is being performed, the cost of the work performed by the Board may be deducted from such deposit.
(d) Permits to Be Kept on Job Site. Except for work being done prior to the issuance of a permit as authorized by the emergency provisions of Subdivisions 6 of the Subsection (a) of Section 62.02, the original or a copy of any permit for the making and backfilling of an excavation shall be kept at all times while work is in progress at the location for which such permit was granted. Upon demand, such permit shall be shown to any member or inspector of the Board or to any police officer.
(e) Lateral Support. All excavations shall be performed and all facilities constructed and maintained so as to afford lateral, sublateral, adjacent, and overhead support to the surrounding embankments and structures. The approval of any plans submitted or the issuance of a permit does not relieve the permittee from full responsibility for any damage or injury caused by the permittee’s operations. Neither the City nor any of its officers or employees shall be liable or responsible for any such damage or injuries.
(f) Safety. All work in any public street, public place, or public easement shall be performed in strict accordance with the safety provisions of Title 8 of the State of California Administrative Code. Failure by a permittee to adhere to such safety provisions will be cause for the Board to impound the deposit or bond submitted by the permittee in compliance with Section 62.02 until all charges by the City have been met.
(g) Methods of Removal. No material shall be removed from any street in any manner which would render such street impassable or dangerous to public travel.
(h) Excavations Through Cement Surfaces. When an excavation is to be made through a sidewalk or other Portland cement concrete surface, all work shall be done in accordance with the latest specifications established by the Board or the City Engineer.
(i) Provisions for Traffic Safety. Unless otherwise authorized by the Board, anyone making an excavation in any roadway or sidewalk shall provide and maintain safe crossings for vehicular and pedestrian traffic. Crossings for vehicular traffic shall be made at all street and alley intersections. If an excavation is made across an alley, or the roadway portion of any other street, at least one safe crossing for vehicles shall be provided and maintained. Pedestrian crossings shall be separate from vehicular crossings and shall be provided with handrails. One such pedestrian crossing shall be provided at each street inter- section, and at intervals of not more than 300 feet. If an excavation is made across the sidewalk portion of any street, a crossing for pedestrians shall be provided and maintained.
Additional traffic provisions, particularly in important traffic arteries, may be specified by the City Engineer. Provisions so specified will become a condition of the permit and be binding upon the permittee.
(j) Traffic Control in Work Areas. Warning signs, barriers, barricades, guidance devices and lights, shall be furnished, placed, and maintained in conformance with the current manual entitled “Work Area Traffic Control Handbook (WATCH)” approved by the Board.
If the warning signs, lights, and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be recovered in the manner provided in Section 62.05(a) of this Code.
(k) Site Maintenance.
(1) Access to Hydrants and Water Valves. Free access must be provided at all times to all fire hydrants and water valves.
(2) Confinement of Excavated Material. When excavated material is placed adjacent to the excavation, it shall be placed in such a manner as to economize space and minimize interference with traffic. If necessary, such material shall be confined by suitable bulkheads or other devices. If the street is not of sufficient width to hold excavated material without using part of an adjacent walkway, a passageway at least one-half the width of such walkway shall be kept open at all times.
(3) Maintenance of Gutters. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained.
(l) Backfilling. Unless a specific backfill material is required on the permit, backfill material, installation and compaction shall be in accordance with the latest standards and specifications established by the Board or the City Engineer.
(m) Resurfacing. (Amended by Ord. No. 186,854, Eff. 1/14/21.)
(1) Temporary Resurfacing. Except as otherwise provided herein, after completion of backfilling operations, the portion of the paved surface of any public street or public place excavated or damaged shall be immediately resurfaced with temporary resurfacing material by the permittee. Temporary resurfacing shall consist of premixed bituminous material conforming to the specifications for material to be used for such purpose contained in the current Standard Specifications of the Department of Public Works. Resurfacing after compaction shall be not less than one inch thick in sidewalk areas and not less than two inches thick in driveway and roadway areas. The surface after compaction shall conform to the finished surface of the adjacent roadway or sidewalk. The material shall be compacted so that it is dense and smooth enough to be safe for members of the public, at the maximum speed permitted by law.
(2) Maintenance of Temporary Resurfacing. The permittee shall maintain the surfacing so that it is safe for members of the public until the excavation is permanently resurfaced.
If it is impracticable to maintain the surface of the backfill in a safe condition for members of the public, the permittee shall maintain barriers and lights around it until the excavation has been resurfaced in accordance with all permit conditions and any other City-imposed requirements.
In cases where permanent resurfacing by permittee is required, the permanent resurfacing may be placed immediately in lieu of placing and maintaining temporary resurfacing.
(3) Permanent Resurfacing. Unless otherwise authorized herein or specifically authorized by the Board and indicated by the permit, the improved surface of a Public Street excavated or damaged in connection with work being performed by authority of a permit issued under the provisions of Section 62.02 will be permanently resurfaced by the permittee. Unless otherwise provided by permit or franchise, the permittee shall mark each resurfacing in the manner prescribed by the City Engineer.
The Board may require the area to be permanently resurfaced immediately after completion of the backfilling where such is practical and in the interest of public safety and welfare. Any immediate resurfacing requirement shall be specified on the permit.
Leakage detection holes in any Public Street shall be immediately repaired in the manner prescribed by the Board.
When an excavation is made to install, remove, or abandon a pole or a structure which forms a portion of the finished surface of a sidewalk or concrete driveway, in lieu of the placement of temporary resurfacing, the person or department of the City making the excavation may permanently restore the surface of the sidewalk or driveway to the nearest scoring line of the square or squares of which the pole does or did occupy or the structure forms or did form a portion of the finished surface. Restoration shall be made by removing and replacing the entire portion of the walk or driveway between the nearest scoring lines. Restoration beyond the nearest scoring shall be required when necessary to transition an ADA compliant sidewalk to non-ADA compliant sidewalk. The surface of an alley may be similarly restored when the purpose of the excavation therein is the installation, relocation, or removal of a pole or pole anchor. Construction of the walk, driveway, or alley surface shall be done in accordance with the current Standard Specifications for Public Works Construction.
(n) Final Inspection Required. (Amended by Ord. No. 187,666, Eff. 12/19/22.) It shall be unlawful for a permittee to fail to request a final inspection after completion of work. A violation of this subsection is subject to an administrative fine as specified in Section 62.61(f).
(o) Responsibility and Warranty of Work. (Added by Ord. No. 187,666, Eff. 12/19/22.) Unless otherwise provided by the written terms of a permit or franchise, the permittee shall be responsible for the integrity of all work authorized or required pursuant to an excavation permit under Section 62.02
throughout the course of such work and throughout and including a period of five years following the request for final inspection after completion of the work. Any subsequent request for final inspection shall restart the five-year warranty. It shall be unlawful for a permittee to fail to complete a warranty repair within the time period specified by the Board or its designee, not to exceed six months. A violation of this subsection is subject to an administrative fine as specified in Section 62.61(f).
Any person, including any City Department or Proprietary Department, performing work without a permit under Section 62.02, or who fails to request a final inspection, shall be responsible for the integrity of such work for the lifetime of the work.
Unless otherwise provided by franchise, all permits issued pursuant to Section 62.02 shall include a provision requiring the permittee to defend, indemnify, and hold harmless the City and all of the City’s boards, officers, agents, employees, assigns, and successors in interest from any injury, harm, or liability of any kind caused by permittee’s work.