(A) No person shall make or cause to be made any excavation or cut in or under any street, city right-of-way, sidewalk, alley or other public property in the city, or remove any earth, soil, paving, gravel or other material therefrom, without first having obtained a permit therefor from the city.
(B) No person shall obtain a permit to make such an excavation or cut without first filing an application, which application shall provide:
(1) A statement of where the excavation is to be made, the extent thereof, the names of the adjacent property owners and the purpose of the excavation or cut;
(2) An agreement that the excavation or cut shall be repaired or replaced according to the specifications set out in this chapter and as specified or directed by the City Engineer or the designated city inspector;
(3) An agreement to reimburse the city for the actual cost of supervision or inspection by the designated city inspector; an agreement to reimburse the city for the cost of all repairs and restorations based on the specifications delineated herein, including all labor and materials;
(4) An agreement providing a date certain by which time the excavation or cut shall be completed; said date may be extended by the designated city inspector upon a showing of good cause;
(5) A cash bond in the amount of $250 per cut or excavation, to be approved by the Mayor, guaranteeing the reimbursement of the expenses as provided above and guaranteeing the completion of the work by the date specified; and
(6) (a) Proof of liability insurance, which shall save harmless the city and protect the public and any person from injury or damage sustained by reason of the excavation or cutting or the handling or storing of materials therefor.
(b) The minimum protections shall be as follows:
Property damage, general liability insurance | |
Each accident | $500,000 |
Public liability insurance and vehicle liability insurance | |
Each accident | $1,000,000 |
Each person | $1,000,000 |
(C) All existing concrete that is to be broken out shall be sawed where indicated by the city’s authorized representative so as to form a smooth, straight joint at the junction of the new and old concrete. The sawed joint shall be at least one-third the depth of the concrete. All sawed joints shall be drilled and doweled at two-foot intervals.
(D) All portland cement concrete that is to be replaced shall be constructed and conform with the specifications of the City Engineer. All concrete replaced shall be a minimum of six inches of thickness and be high-early-strength concrete. The city shall complete all such repairs and restorations based on the specifications delineated herein. The person making the cut or excavation shall reimburse the city for the cost of all such repairs or restorations, all pursuant to division (B)(3) above.
(E) All asphalt streets shall be restored to a minimum of six inches and replaced according to the City Engineer’s specifications. The subbase shall have a minimum of nine inches of crushed gravel. The asphalt used must be a hot mix and must be approved by the City Engineer’s office or his or her designated representative. All asphalt streets must be saw cut or cut with a pneumatic spade or blade just prior to placing new asphalt. All concrete streets with asphalt shall be cut, excavated and patched according to the City Engineer’s specification. All repairs or restorations shall be completed by the city based on the specifications delineated herein. The person making the cut or excavation shall reimburse the city for the cost of all such repairs or restorations, all pursuant to division (B)(3) above.
(F) All graveled streets shall be restored with a minimum of six inches of crushed gravel furnished and compacted in place by the contractor.
(G) Contractors who perform work in the city rights-of-way shall seed or sod the construction area. They shall restore the area back to original condition as determined by the city’s authorized representative.
(H) The contractor shall be responsible for the roadway that the backhoe pads are set on. Any damage done to the existing roadway will be repaired by the contractor to the City Engineer’s specifications or his or her authorized representative’s specifications.
(I) If at any time within three years after the issuance of the permit the city’s authorized representative shall find that the work has not been satisfactorily done or has not been properly backfilled, he or she shall notify the person who has taken out the permit in writing that the work must be put in satisfactory condition in one week or the bonding company will be notified.
(J) The city’s authorized representative shall supervise all excavations made for any purpose in the streets, city rights-of-ways, alleys or other public property, and he or she shall require all excavations to be backfilled in a good and professional manner as herein specified.
(K) Any person receiving a permit to make excavations in or upon any street, city right-of-way, sidewalk, alley or other public property shall erect and maintain around the same, both day and night, during the continuance of the work and until the city’s authorized representative permits traffic over the excavation, suitable and adequate guards, fences, flares and signals so as to prevent injury to persons or property because of such excavations; said protection to be approved by the city’s authorized representative.
(L) All native materials or sand used for backfill shall be free from frozen materials, rocks, foreign material that may decompose and other materials that may affect the stability of the backfill. All trenches and structure excavations shall be backfilled as soon as the jointing compound, mortar, concrete and the like has attained a suitable degree of hardness, and this work shall be performed expeditiously until completed.
(M) In the case of excavations for any kind of pipe or conduit, the space between the pipe or conduit and the bottom and sides of the trench shall be packed and compacted as fast as placed, up to the level of the top of the pipe or conduit. The material shall be deposited carefully in the trench to avoid injuring the pipe or conduit and shall be placed in layers of not more than six inches of thickness or mobile trench compactors in layers of not more than 12 inches in thickness. Other tampers may be approved for use by the City Engineer. Tamping with the side or the bottom of an excavating bucket shall not be acceptable. Flooding will not be allowed.
(N) When the trench is filled, the contractor shall remove all surplus material, leaving the street or alley clean and in order.
(O) All excavations must comply with the requirements of OSHA, 29 C.F.R. part 1926, subpart P, “Excavations and Trenches,” and any and all other applicable codes.
(Prior Code, § 5-203) (Ord. 289, passed 3-28-2002) Penalty, see § 92.999