Article III — CONSTRUCTION STANDARDS

Any person performing or causing to be performed any work under this Chapter shall remove or cause to be removed from the site of any excavation or improvements all debris and excess materials within three (3) days after the completion of the work.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

At least two (2) working days prior to beginning work or temporary occupancy, permittee shall notify the City Engineer by giving permittee's name, permit number, type of work, starting date, time of construction, name of permittee's representative at the site and the underground service alert ticket number. After work begins, permittee shall notify the City Inspector of the daily work in progress and the type of inspection required. Failure to contact the City Engineer or his representative or the use of unacceptable materials or unacceptable work shall result in a stop construction notice being issued. Work shall not resume until corrections have been made.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

A.

No person shall install any conduit, duct, shoring structure or tunnel within three feet (3') below established grade of any right-of-way. Installations such as manholes, culverts, and catch basins, within three feet (3') below the established grade of the right-of-way will require the City Engineer's approval. For all other installations below the established grade of the right-of-way, the City Engineer may, at his or her discretion, upon receipt of sufficient evidence of necessity or public benefit, grant a special permit for these installations. A shoring structure shall include, but is not limited to, tiebacks, excavation, caisson/soldier piles, and raker/brace system. Tiebacks shall include, but is not limited to, the steel tendon, coupler, bearing plate, anchor plate, and element made of cementitious or similar material anchoring the tieback

tendon in the soil or rock. For any structure left in place within the public right-of-way, applicants shall provide to the satisfaction of the City Engineer the as-built construction drawings and electronic files in current Geographic Information System (GIS) format, as per the latest official City datum plane to be used to update the City's GIS.

B.

This Subsection shall apply to a proposed subsurface shoring system requiring tiebacks pursuant to a permit issued under this Chapter. When the tiebacks are no longer required due to the construction of a permanent retaining structure to maintain the stability of the subterranean structure, the tiebacks shall comply with the following:

Remove the tiebacks installed within eight feet (8') below the established grade of the right-of-way.

For any proposed tieback left in place between eight feet (8') and twenty feet (20') below the established grade of the right-of-way, applicants shall pay to the Public Works Department a mitigation fee, as determined by City Council resolution, for each tieback or portion thereof. This fee will be refunded upon proof of the entire tieback removal.

Where the tieback is allowed to remain in place at more than eight feet (8') below the established grade of the right-of-way, de-tension, decouple and remove the last extension of the tendon installed.

For any portion of the tieback made of cementitious or similar material left in place between eight feet (8') and twenty feet (20') below the established grade of the right-of-way, the compressive strength shall not exceed two thousand (2,000) pounds per square inch (psi).

Tiebacks shall maintain a minimum of two feet (2') clearance from any existing utility line or subsurface structure.

The City Engineer may modify the tieback requirements if extensive utility lines are present in the area or the street is on the Paving Moratorium List.

C.

Exception: The City Engineer shall have the authority to exempt City-owned projects.

D.

The City may issue an administrative citation and impose administrative penalties for violation of and failure to satisfy these requirements in accordance with Chapter 9.65.

(ORD-19-0032 § 10, 2019; ORD-16-0019 § 1, 2016; ORD-15-0003 § 5, 2015; Ord. C-7933 § 1, 2004)

All excavations shall be backfilled in a manner satisfactory to the City Engineer and in accordance with the "Standard Specifications For Public Works Construction," current edition. If, at any time, the backfill fails and creates an unsafe condition, the City Engineer shall notify permittee of the failure and permittee shall repair the failure, at his/her/its own expense, to the satisfaction of the City Engineer.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Whenever the pavement or surfacing is not immediately replaced, the surface of the backfill shall conform to the level of the adjoining street surface and shall be compacted so that it is hard and smooth enough to be safe for traffic to travel any legal rate of speed. If required by the City Engineer, permittee shall cover the backfilled area with temporary surfacing.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

The surface of the right-of-way shall be replaced under the direction and supervision of the City Engineer at the sole cost and expense of the permittee, who shall maintain the surface for one (1) year after the date of completion of the work. If permittee fails to maintain the surface during said one (1) year period, the City Engineer may give to permittee a written notice specifying the manner in which the permittee has failed to maintain the surface and the work necessary to be performed to restore the surface. Permittee shall have five (5) days after notice is given to restore or repair the surface and, if permittee fails or refuses to do so, the City Engineer, if he deems it advisable, shall have the right to perform the restoration or repair. Permittee shall be liable for the actual cost of the work plus twenty-five percent (25%) for City's administration and overhead, and shall promptly pay these charges to the City on receipt of a statement from the City. All work shall be done in accordance with the requirements provided in the "Standard Specifications For Public Works Construction," current edition.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Permittee shall maintain the surface of the backfill safe for vehicular traffic and pedestrian travel until the pavement or surfacing has been replaced and accepted by the City Engineer, and be liable for all accidents which occur to vehicles or pedestrians at the site of the excavation, until the pavement or resurfacing has been replaced. If it is impractical to maintain the surface of the backfill in a safe condition for traffic, then permittee shall maintain barriers and red lights around it until the pavement or surfacing has been replaced.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Permittee making any excavation shall maintain safe crossings for vehicles and pedestrian traffic at all street intersections and safe crossings for pedestrians at intervals not to exceed six hundred feet (600′). If any excavation is made across a public street, at least one (1) safe crossing shall be maintained at all times for vehicles and pedestrians. All materials excavated from the site shall be laid compactly along the side of the trench and kept trimmed to cause as little inconvenience as possible to public travel. If the right-of-way is not wide enough to hold the excavated material without using part of an adjacent right-of-way, permittee shall erect and maintain a tight board fence on and along the sidewalk and keep a passage at least three feet (3') wide open and along the right-of-way. The excavation shall be performed in such a manner so that it does not interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within fifteen feet (15′) of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free from piles of materials or other obstructions.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Permittee shall keep and maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot (1′) in width from the face of the curb at the gutter line. When a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained at all times. Permittee shall also provide for the flow of any watercourse intercepted during the excavation and shall restore the watercourse to the same condition that existed prior to the excavation, or shall make other provisions for water flow as the City Engineer may direct.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Every person owning, using, controlling or having an interest in any facilities in a right-of-way, except a service pipe or pipes, shall file in the office of the City Engineer, within sixty (60) days after the completion of installation of the facilities, a corrected record plan drawn to scale of not more than forty feet to the inch (40′ = 1″), showing the facilities provided, however, that if the plan filed with the City Engineer at the time the permit is issued is correct in every detail, permittee may make a notation to that effect on the plan, and the plan shall constitute compliance with this Section.

Final acceptance by the City Engineer for the work performed under the permit is dependent on full compliance with this Section.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Whenever facilities (except a service pipe or pipes) located under the surface of any right-of-way or the use of the facilities is abandoned or removed, the person owning, using, controlling or having any interest therein shall, within sixty (60) days after such abandonment, file in the office of the City Engineer a plan giving in detail the location of the facilities that were abandoned.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Whenever facilities used for the transportation of oil, gasoline, gas or other petroleum products rupture in such a manner that the contents escape, the person maintaining or using the facilities shall immediately make repairs to ensure future safe operation of the facilities in accordance with Section 15.44.140. If the office of the City Engineer is closed when the break occurs, such person may make an excavation in the right-of-way to repair the facilities without first obtaining a permit from the City Engineer. Any person making an excavation under these circumstances shall apply for a permit not later than ten o'clock (10:00) a.m. on the first day the office of the City Engineer is open following the rupture. When the facilities are near a leaking facility, the person maintaining such facilities shall uncover them for inspection if required to do so by the City Engineer.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Any temporary occupancy of a right-of-way subject to this Chapter shall meet the following requirements:

A.

The maximum width of the temporary occupancy including contents shall be eight feet (8′), unless otherwise approved by the City Engineer in accordance with this Chapter;

B.

The temporary occupancy shall not be located in a manner which interferes with the flow of traffic;

C.

Proper warning devices shall be provided for the temporary occupancy, to the satisfaction of the City Engineer;

D.

The temporary occupancy shall be kept in good repair, free of graffiti, and in a safe and sanitary condition;

E.

Temporary occupancy shall be located in a manner which does not interfere with visibility, vehicular mobility, or access to facilities. Locations shall be determined by the City Engineer at the time of application;

F.

Permits will be issued for a period not to exceed ninety (90) days. On expiration, a new permit must be obtained on the basis of a new application.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

A permittee shall keep and maintain barriers at each end of excavations, at such places as may be necessary along the excavation, and at the site of the improvements or temporary occupancy. Permittee shall place and maintain signs or barriers with letters not less than three inches (3") high, which state the name of the permittee. Permittee shall also place and maintain lights at ends of the excavation and at a distance of not more than fifty feet (50′) along the line thereof. For improvements and temporary occupancy, permittee shall place and maintain such lights as necessary to warn the public. Permittee shall maintain the lights until the excavation has been entirely refilled or until the improvements or temporary occupancy has been completed. Any lighting required by this Section shall be operated between sunset and sunrise of the next day. If permittee fails to place and maintain such barricades and lights the City may place and maintain such barricades and lights and permittee shall promptly reimburse the City in the manner provided in Chapter 14.12.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Permittee shall move and relocate all interferences, including trees, poles, street lighting systems, parking meters, sewers, storm drain appurtenances and culverts located within the area of work which will interfere with the facilities, at the permittee's expense. Permittee shall obtain consent of the owner of the interference for the removal or relocation and shall furnish to the City Engineer satisfactory evidence of all necessary arrangements for removal or relocation of the interference prior to the issuance of the permit.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

No person shall construct or place a freight elevator or windows for basement lighting in the sidewalk area back of the established curbline of the street; provided, however, that existing freight elevators and window lights may be repaired or replaced if, in the opinion of the City Engineer, such freight elevators and window lights do not constitute a hazard to the public.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

A.

Plans shall be prepared for right-of-way improvements whenever, in the opinion of the City Engineer, such plans are necessary for the proper construction and supervision of the work.

B.

When such plans are necessary, they may be prepared, at the option of the City Engineer, by a qualified licensed engineer employed by the applicant. Plans submitted by the licensed engineer must first be approved by the City Engineer before a permit is issued and work is started. The City Engineer may specify the type and quality of material on which the plans are drawn, the size of the sheets, the scale of the drawings, the size and wording of the title, the information to be shown on the plans, and all other details,

including specifications, in connection therewith. All plans for the work shall become the property of the City and shall be filed in the office of the City Engineer. When the qualified licensed engineer submits the required plans, he/she shall pay to the City a processing fee in an amount prescribed by the City Council by resolution.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)

Whenever the City Engineer finds that any improvement or excavation is being constructed contrary to or in violation of this Code or if it comes to the attention of the City Engineer that any work under a permit is dangerous, unsafe or a menace to life, health or property, the City Engineer shall order the work to be immediately stopped or shall order the alteration of any dangerous or unsafe condition. Such order shall be in writing and shall specify the manner in which the work is dangerous, unsafe or a menace to life, health or property. After receipt of the order the permittee shall not continue with any improvement or excavation until the work has been made to comply with this Chapter and with the instructions given by the City Engineer.

(ORD-19-0032 § 10, 2019; Ord. C-7933 § 1, 2004)