Clovis Municipal Code Art. 3 Performance of Work

Any work or use done under an encroachment permit issued pursuant to this chapter shall conform to the City of Clovis Standard Specifications and Standard Drawings, unless otherwise required by the City Engineer.

(§ 1, Ord. 20-04, eff. April 1, 2020)

In the event the City approves the permittee’s request for at-risk construction of improvements prior to the City’s approval of the improvement plans, the permittee agrees that if the final approved improvement plans show materials, workmanship, locations or grades of improvements that differ from that which was installed, the permittee will be required to perform and bear all costs of work needed to make the improvements conform to the approved plans.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The permittee shall provide at least forty-eight (48) hours’ notice to the City Engineer and all other affected City departments identified in the permit before beginning work or use under an encroachment permit issued pursuant to this chapter.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The permittee shall comply with the provisions of Government Code Section 4216 et seq., prior to beginning any excavation work. Permittee shall provide the City Engineer with an underground service alert ticket number prior to commencing work.

Whenever a utility owner conducts any activity not otherwise requiring a permit, such as providing underground service alert mark-outs, which will affect the safety of the motoring or pedestrian public and/or the employees or representatives of the utility owner, traffic control devices at the site of work shall be deployed in accordance with the current edition of the California Manual of Uniform Traffic Control Devices.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The permittee shall perform all work in accordance with the approved plans, the City of Clovis Standard Specifications and Standard Drawings, and the applicable provisions of the current edition of the standard specifications of the State Department of Transportation, the Fresno Metropolitan Flood Control District and the Fresno Irrigation District. The permittee shall comply with all applicable federal, state, and local laws and regulations, including the California Department of Industrial Relations’ rules and regulations.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The performance of work or use under an encroachment permit issued pursuant to this chapter shall not interfere, block, or alter existing drainage occurring at the site of such work or use. Existing drainage facilities shall remain operational throughout such work or use. No pollutants resulting from the work or use under the permit shall be allowed to enter the storm drainage system.

The permittee shall provide dust control in accordance with the City of Clovis Standard Specifications. In the event the permittee fails to provide adequate dust control, the City Engineer shall order the same at permittee’s expense.

(§ 1, Ord. 20-04, eff. April 1, 2020)

All water taken from the City water system shall be metered. Fire hydrants shall be metered and the permittee shall be responsible to obtain a City of Clovis fire hydrant meter available at the City’s Public Utilities Corporation Yard. Permittee shall be responsible for payment of all fees relating to the use of water as set forth in Section 6.5.103.

(§ 1, Ord. 20-04, eff. April 1, 2020)

Upon review of the application for an encroachment permit, the applicant may be required to furnish a traffic control plan to the City Engineer for review and approval. The traffic control plan must comply with the most current edition of the California Manual of Uniform Traffic Control Devices or as otherwise approved by the City Engineer. The permittee shall deploy traffic control devices at the site of work in accordance with the encroachment permit issued pursuant to this chapter.

If work at a location requires a road to be closed, the permittee shall request a separate encroachment permit specific to the closure along with a traffic control plan. The road for which the closure has been requested shall remain open for public use until the City Engineer has approved the application for the permit and associated traffic control plan. The permittee shall pay all associated fees related to the road closure.

(§ 1, Ord. 20-04, eff. April 1, 2020)

Unless authorized by the City Engineer, the permittee shall not use public property, right-of-way, or public easement for storage of equipment, materials, or waste.

(§ 1, Ord. 20-04, eff. April 1, 2020)

All work or use authorized by an encroachment permit issued pursuant to this chapter shall be inspected by the City Engineer at his or her sole discretion. Permittee shall allow access to the work site for progress and final inspections.

(§ 1, Ord. 20-04, eff. April 1, 2020)

Upon completion of the work or use performed under an encroachment permit issued pursuant to this chapter, or when required by the City Engineer, the permittee shall replace, repair, or restore the right-of-way in accordance with City of Clovis Standard Specifications and Standard Drawings. Additionally, the permittee shall remove all obstructions, impediments, material, or rubbish placed or caused to be placed at the area of work or use covered under the encroachment permit.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The permittee shall notify the City Engineer in writing upon completion of all work or use authorized under an encroachment permit issued pursuant to this chapter. No work shall be deemed to be completed until such notification of completion is given and final inspection has been made by the City Engineer.

(§ 1, Ord. 20-04, eff. April 1, 2020)

At the discretion of the City Engineer, compliance testing shall be required for work authorized by an encroachment permit issued pursuant to this chapter. All costs associated with such testing shall be the responsibility of the permittee.

(§ 1, Ord. 20-04, eff. April 1, 2020)

After the completion of all work, the permittee shall exercise reasonable care in monitoring and maintaining the area affected by the encroachment. For a period of two (2) years after the final inspection of the work by the City Engineer or his or her designee or the date of the waiver of final inspection, the permittee shall repair or replace any defective work or material furnished in performance with work or use under the encroachment permit and shall repair any injury or damage to any portion of the right-of-way that occurs as a result of the work or use under the encroachment permit, including any and all injury or damage to the right-of-way that would not have occurred had such work or use not been performed. The City may require permittee to provide a warranty bond for the duration of the warranty period.

(§ 1, Ord. 20-04, eff. April 1, 2020)

If any future construction, reconstruction, or maintenance work by the City, or required by the City on a right-of-way, requires the relocation, removal, or abandonment of installations or encroachments in, on or under a right-of-way, the permittee owning, controlling, or maintaining such installation or encroachments shall relocate, remove, or abandon the same at his or her sole expense, unless otherwise required by law. When removal, relocation, or abandonment is required, the City Engineer shall give such permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed or abandoned. If the permittee fails to comply with said demand, the City may cause the removal, relocation, or abandonment of the encroachment at the expense of the permittee.

(§ 1, Ord. 20-04, eff. April 1, 2020)