Berkeley Municipal Code Ch. 16.20 Private Contracts for Street Work

It is declared unlawful for any person or company to perform any street work (cement sidewalks, curbs, gutters and driveways excepted) in the public streets in the City except as hereinafter provided. (Ord. 1307-NS § 1, 1927)

Except as otherwise provided in this chapter, all street work in the public streets in the City shall be performed in accordance with general specifications in effect at the time and on file in the office of the City Engineer or in accordance with special specifications approved by the City Engineer and adopted by the City Council. (Ord. 3540-NS § 1 (part), 1957; Ord. 1307-NS § 2, 1927)

Upon application to the City Council by owners of property abutting a public street, the Council may, for good cause shown, waive the general specifications and the requirement of approval of special specifications by the City Engineer and permit street work to be done in a manner and upon such terms and conditions as it may specify. If such permission is granted and the work is done, the City shall not be responsible for maintenance of such street. (Ord. 3540-NS § 2 (part), 1957; Ord. 1307-NS § 2.1, 1927)

In the event application is made to the City Council as provided in Section 16.20.030, the petition shall include at least the following:

A. The time within which the work will be completed;

B. A description of the type of construction and the limits of the proposed improvement;

C. A statement relieving the City from any and all responsibility for maintenance of the street;

D. A statement relieving the City, its officers, employees, agents and representatives, from liability of any and all kind which may arise as a result of the work done. (Ord. 3540-NS § 2 (part), 1957; Ord. 1307-NS § 2.2, 1927)

No street work shall be done under the permission granted by resolution of the City Council in accordance with the provisions of Section 16.20.030 until a permit has been secured from the City Engineer. Such permit shall be upon a form provided by the City Engineer and shall be posted conspicuously near the work. A fee of three dollars and fifty cents shall be paid for such permit. (Ord. 5186-NS § 1, 1979; Ord. 5063-NS § 1, 1978; Ord. 3540-NS § 2 (part), 1957; Ord. 1307-NS § 2.3, 1927)

All applications to the City Council for permission to do work on streets by private contract must be accompanied by a full, true and correct copy of the contract, signed by the parties in interest and by the contractor, or if the contractor be a corporation, by duly authorized officers of the corporation, setting forth that the copy is a full, true and correct copy of the original contract and all matters relating to the work.

In the event application to do work on public streets is made by the owner of all the property affected by the proposed work, or as provided in Section 16.20.030, no contract need be filed with the application. (Ord. 3540-NS § 1 (part), 1957; Ord. 1307-NS § 3, 1927)

No permit to do street work by private contract shall be granted unless the contract in itself contains the following covenants; except as provided in Chapter 16.12 of this code.

A. First: A definite period in which to complete the work with such extensions of time as may be granted by the City Council;

B. Second: That work shall be done in accordance with the plans and specifications which have been adopted for the work by the City Council;

C. Third: All contracts shall state the price per front foot for the work to be done in front of said property, and also the price per front foot for the work to be done on crossings and also that said prices per front foot shall be the total charge against said property liable for said work;

D. Fourth: That the work shall be done to the satisfaction and acceptance of the superintendent of streets. (Ord. 1307-NS § 4, 1927)

No petition or proposed private contract for street work shall be circulated unless and until:

A. The City Council shall have approved the type and general design of the improvement proposed; and

B. The City Engineer shall have estimated the probable cost of the improvement proposed, stating such estimate of cost in total and per front foot, which estimate as certified by the City Engineer shall be attached to said petition. (Ord. 1307-NS § 5, 1927)

In the event that an application for permission to do street work is filed when all the signatures required have not been obtained, no permit shall be granted until the owners who have not signed shall have had an opportunity to state their reasons for refusal. (Ord. 1307-NS § 6, 1927)

Bonds for the faithful performance of the work and a bond for labor and material shall be furnished by the contractor in the manner and form required under the Improvement Act of 1911, approved by the superintendent of streets and filed with the City Clerk before the work may begin; provided, however, that no performance bond shall be required for work done under a permit granted by the City Council in accordance with the provisions of Section 16.20.030. (Ord. 3540-NS § 1 (part), 1957; Ord. 1307-NS § 7, 1927)

All expenses incurred for engineering, inspection and printing in connection with the work shall be paid in advance to the superintendent of streets. (Ord. 1307-NS § 8, 1927)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 5716-NS § 1 (part), 1986; Ord. 3540-NS § 2 (part), 1957; Ord. 1307-NS § 10, 1927)