Needles Municipal Code Art. 18 II Excavations (CA)

18-2 Definitions 18-3 Permit--Required; Transferability 18-4 Same--Application 18-5 Same--Time Of Issuance 18-6 Same--Terms And Conditions 18-7 Same--Required Completion Date To Be Specified 18-8 Responsibility For Accidents; Liability Insurance 18-9 Bond Required Under Certain Conditions 18-10 Refunds Of Fees, Costs, Bonds, Etc. 18-11 Notice Of Commencement Of Work Required 18-12 Requirements For Performance Of Work Generally 18-13 Public Access, Rights-Of-Way, Etc., To Be Maintained 18-14 Temporary Closing Of Public Ways 18-15 Public Safety Barricades, Warnings And Safety Precautions Generally 18-16 Backfill--Requirements 18-17 Same--Notice Of Completion 18-18 Temporary Repaving Of Street Cuts 18-19 Restoration Of Improvements 18-19.1 General Permit Conditions And Trench Repair Requirements 18-20 Street Paving Costs 18-21 Street Maintenance 18-22 Alternative Methods And Materials 18-23 (Reserved)

18-2 Definitions

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Emergency street cut." Any street cut which must be made to repair a defective or broken underground facility, the condition of which facility constitutes an evident and immediate hazard to life, health or property, and it is impractical to secure a permit before work is commenced.

"Street Cut." The action of or the result of opening, tearing up, excavating, repairing, installing, adding to, removing or otherwise altering any portion of any public roadway, street, thoroughfare, sidewalk, curb, gutter, driveway or any other such facility existing within a public right-of-way area for any purpose whatsoever.

"Underground facility." Any pipe, conduit, tile or other material installed within and below the surface of any public roadway, street, sidewalk, thoroughfare or other place. (Ord. No. 393 N.S., § 1.)

18-3 Permit--Required; Transferability

It shall be unlawful for any person other than employees of the city to make or cause to be made any street cut in the city without having first obtained a permit therefor as provided in this article. Any permit issued hereunder shall not be assignable to any other person. (Ord. No. 393 N.S., § 1)

18-4 Same--Application

Every application for a permit under this article shall be made, in writing, upon forms furnished by the director of public works, and the applicant shall furnish thereon such information as is required by the director of public works.

On major projects, if requested so to do by the director of public works, the applicant shall furnish plans and profiles in quadruplicate showing work to be done, location, limits of work, location of pavements, replacement types, together with such further information as the director of public works may require.

If the street cut is to be made in a state highway, the applicant shall also comply with all lawful regulations of the division of highways, department of public works of the state, and procure from such division all necessary permits required therefore by the state. (Ord. No. 393 N.S. § 1)

18-5 Same--Time Of Issuance

Permits required under this article shall be secured at least two working days prior to the time the work under such permit is proposed; except, that where an emergency street cut is to be performed, the applicant shall immediately give prior notice thereof to the police department, shall secure or make a reasonable effort to secure the consent of such work from the director of public works as soon as the same is reasonably practicable, and shall make application for a permit for such work on the next working day following. (Ord. No. 393 N.S., § 1.)

18-6 Same--Terms And Conditions

The validity of any permit issued under this article shall be subject to the permittee’s compliance with all general provisions of this article, as well as any special provisions specified therein. All permits issued shall imply that all underground facilities shall be of the quality and installed in the manner which may be prescribed or required by law. The issuance of a permit does not guarantee to the permittee the exclusive use of any surface area occupied by the permittee. (Ord. No. 393 N.S., § 1.)

18-7 Same--Required Completion Date To Be Specified

The director of public works shall specify on every permit issued under this article a completion date for the work authorized.

The director of public works may, for good cause, grant a written extension of time to the permittee, which grant shall extend the validity of the permit to the extended time. (Ord. No. 393 N.S., § 1.)

18-8 Responsibility For Accidents; Liability Insurance

Each permittee under this article shall be responsible for any claims and liabilities for damages proximately caused by any of the work permitted under this article or proximately caused by the permittee’s failure to perform his obligations under the permit. In the event such claim or liability for damages is made against or imposed upon the city, or any department, officer or employee thereof, the permittee shall, and by acceptance of the permit agrees to, defend, indemnity and hold each of them harmless form such claim or liability. Upon request of the director of public works, the permittee shall take out such public liability insurance as the city attorney may specify or require; provided, that the total of such insurance shall not exceed the following:

Type Maximum amount

Public liability insurance

One person $100,000.00

One accident 300,000.00

Property damage 50,000.00

(Ord. No. 393 N.S., § 1.)

18-9 Bond Required Under Certain Conditions

If a permittee under this article fails, in the opinion of the director of public works, to comply with the provisions of this article, or the conditions of his permit, such director may refuse to grant and may withhold issuance of any subsequent permit to the permittee until the latter has posted with the city a cash bond in the sum of five hundred dollars: which bond or any part thereof shall be used as follows:

To pay the actual costs of work completed by the director of public works in connection with a permit issued prior to or subsequent to the posting of such cash bond, and in addition fifteen percent of such costs for administrative or overhead costs.
To pay the actual costs of work done by the director of public works to repair or restore any public improvements damaged or destroyed by the permittee during the course of any operations performed under the permit, and in addition fifteen percent of such costs for administrative or overhead costs.
To pay the actual costs of all flares played on or about the permittee’s work, plus fifteen percent of such costs for administrative or overhead costs, and the costs of the furnishing by the city of any other safety barricades or warnings in connection with any permit issued prior to or subsequent to the posting of such cash bond. (Ord. No. 393 N.S., § 1.)

18-10 Refunds Of Fees, Costs, Bonds, Etc.

A permittee under this article shall be entitled to a refund, in whole or in part, as the case may be, of the standard paving costs or standard inspection fees paid to the city pursuant to this chapter in the following cases: 1. Where no work was done or attempted under the permit issued, in which case the entire amount of the fees and costs shall be refunded, less any amounts attributable to inspection necessarily or reasonably made by the city in order to determine whether or not work had been done or attempted under such permit.
1. Where the sums deposited for costs or fees were in excess of the proper amounts due, in which case the excess only shall be refunded.

The permittee shall be entitled to a refund, in whole or in part, as the case may be, of any cash bond posted with the city pursuant to this article, when all work to be done by the permittee under a permit issued prior to or subsequent to posting of such bond has been completed by the permittee and has been approved or completed by the city, from which bond shall be first deducted all amounts due the city under the terms of such bond and all amounts which may otherwise be due the city pursuant to this article.
1. When the permittee desires a refund of standard paving costs, standard inspection fees or a cash bond, he shall make request for such refund, in writing, to the director of public works, and shall furnish such information as the latter may require in order to make his determination. Upon receipt of such request, the director of public works shall determine if the permittee is entitled to refund, and in what amount, and shall give his determination, in writing, to the director of finance, and the latter shall thereupon make refund of such portions of fees or costs or cash bond as have been determined by the director of public works to be due the permittee. (Ord. No. 393 N.S., § 1.)

18-11 Notice Of Commencement Of Work Required

A permittee under this article shall give notice to the director of public works of the actual time of commencement of any work at least twenty-four hours in advance. Similar notice shall be given to the police department if requested on the permit. When work on any project ceases for any reason for a period of twenty- four hours or more, the permittee shall notify the director of public works, and the police department when required, at least twenty-four hours prior to recommending such work. (Ord. No. 393 N.S., § 1.)

18-12 Requirements For Performance Of Work Generally

All work shall be performed in a neat and workmanlike manner, and so programmed as to cause the minimum of interference with traffic and inconvenience to the public. Such work shall be coordinated whenever possible with other projects in the area to the end that public convenience is least impaired to the satisfaction of the director of public works. (Ord. No. 393 N.S., § 1.)

18-13 Public Access, Rights-Of-Way, Etc., To Be Maintained

A permittee under this article shall provide free and unobscured access to all mail boxes, fire hydrants, water gates, valves, manholes, drainage structures and other public service structures and property that may be required for emergency use. The permittee shall not remove such public service facilities and property or relocate the same without proper coordination with the authorities charged with control and maintenance of the same.

Temporary roadways, driveways, walks and rights of way for vehicles and pedestrians shall be constructed where required.

Temporary walkways shall be not less than four feet in width and shall be designed for a uniform live load of one hundred fifty pounds per square feet. Suitable ramps or stairs shall be provided with a handrail not less than three feet high along each side, or with a railing on one side and a fence on the other, as the case may require. Such walkway around such street cut shall be located as close to the area formerly used for pedestrian travel as possible and shall have lights having an intensity of not less than one foot candle power at floor level.

The permittee shall construct and maintain, in good condition, such detours, detour bridges and temporary crossings for public use as are deemed necessary for the proper execution of the work, or when the same are ordered by the director of public works. (Ord. No. 393 N.S., § 1.)

18-14 Temporary Closing Of Public Ways

The director of public woks may grant written permission to close or cause to be closed, for limited periods, city streets, driveways or areas not under control of the state division of highways, if in the opinion of the director of public works the public interest can best be served thereby. (Ord. No. 393 N.S., § 1.)

18-15 Public Safety Barricades, Warnings And Safety Precautions Generally

A permittee under this article shall provide and maintain during the performance of the work, to insure public safety, such fences, barricades, warning and directional signals, flares, lights, watchmen and flagmen as are, or may be, required by law or regulation or as may be deemed necessary by the director of public works.
In the event the permittee fails to provide for the safety of the public in the manner provided in this section, the director of public works may provide whatever facilities are necessary, and change the permittee for the costs thereof.

Within thirty days of the receipt of a bill, the permittee shall pay tot he city the actual costs of any safety facilities supplied by the city, plus fifteen percent of such cost for administrative or overhead costs. Any safety facilities so supplied by the city shall become the property of the permittee upon payment therefore by the permittee. 3. The permittee shall clearly paint on all barricades, in letters not less than four inches high, emergency information consisting of the name and emergency telephone number of the permittee, and the permittee shall cause at least one such barricade to be erected at every job site until the work is completed and formally accepted by the city. 4. The permittee shall obey and enforce all safety orders, rules and recommendations of the division of industrial safety of the state applicable to the work, and the permittee shall comply with all applicable state and local laws, ordinances, codes and regulations. (Ord. No. 393 N.S., § 1.)

18-16 Backfill--Requirements

A permittee under this article shall backfill all trenches and excavations in the following manner:

The trench or excavation shall be filled to not less than one foot above the top of the pipe or other utility facility with fine material, free from stones and lumps, selected from the excavation, and of such character as to be readily compacted around and under the pipe or other utility facility, or with an imported fine granular material wherever material from the excavation is not suitable.
1. The backfill material shall be thoroughly compacted around the pipe or other utility facility. Above the resultant level of this first operation, the trench or excavation shall be backfilled to the subgrade of the pavement type to be replaced. The use of water shall not be permitted if the director of public works determines that the soil will not readily drain and if the adjacent street may become damaged, or if the pavement may be unduly delayed thereby. Excess water shall be evaporated before the next layer of earth or paving is placed.
2. All work shall be done in such a manner as to obtain a relative compaction of the entire backfill of not less than ninety percent as determined by the impact or field of compaction test made as specified in section 6, article (g), Standard Specifications of the state department of public works, division of highways, dated January 1949. If the excavation material will not give the required relative compaction, an imported granular material that will give such relative compaction shall be used.
3. In trenches or excavations in unpaved parking strips, the top six inches of backfill shall be the original or similar suitable top soil.
The director of public works, when he deems it necessary, shall cause tests of the type specified in this section to be made. (Ord. No. 393 N.S., § 1.)

18-17 Same--Notice Of Completion

Upon completion of the backfill, the permittee shall notify the director of public works of such completion on forms furnished by the director of public works.

The director of public works, upon receipt of such notice, and upon inspection and approval of the work, shall cause the street cut to be paved. (Ord. No. 393 N.S., § 1.)

18-18 Temporary Repaving Of Street Cuts

Temporary repaving of street cuts with an approved “cut-back” material shall be installed by a permittee under this article, unless otherwise directed by the director or public works. Such temporary paving shall be maintained by the permittee until the street cut is permanently repaved. (Ord. No. 393 N.S., § 1.)

18-19 Restoration Of Improvements

Curbs, gutters, sidewalks, sewers, drains, structures and all other improvements damaged, disturbed or removed during the progress of the work shall be restored or replaced to as good or better condition as existed prior to work performed by the permittee, in accordance with Standard Specifications of the city and to the satisfaction of the director of public works. (Ord. No. 393 N.S., § 1.)

18-19.1 General Permit Conditions And Trench Repair Requirements

The attached “City of Needles, Department of Public Works, General Permit Conditions and Trench Repair Requirements, October 2016”, of which not less than three copies have been filed for use and examination by the public in the office of the city clerk, is hereby adopted by reference, without publication in the manner provided by Needles City Charter Section 523. PERMIT CONDITIONS AND TRENCH REPAIR REQUIREMENTS

HISTORY Amended by Ord. 571-AC on 10/13/2015 Amended by Ord. 586-AC RESCINDED 571-AC on 11/8/2016 18-20 Street Paving Costs

The cost of all street paving work performed by the city under this article shall be paid by the permittee.

Such paving costs shall be established by a schedule prepared from time to time by the director of public works. Street paving costs shall not exceed the estimated actual cost of paving, plus fifteen percent for administration and overhead.

Such schedule shall be designated and referred to as “Schedule of Standard Paving Costs,” and shall not be effective until approved by the city council and filed in the office of the city clerk.

All applicable street paving costs shall be paid at the time the permit is issued. Public utilities and agencies of any federal, state, county or other local government, who by past action in the opinion of the director of public works have demonstrated their reliability and competence, shall not be required to pay any street paving costs, and in lieu thereof shall pave or cause to be paved street cuts in accordance with standard specifications of the city. (Ord. No. 393 N.S., § 1.)

18-21 Street Maintenance

After completion of the work the permittee shall exercise reasonable care in inspecting for and immediately repairing and making good any injury or damage to the street resulting from defective work done under the permit. The obligation of the permittee to inspect and repair work done under permit shall continue for a period of one year following completion of such work, or in the event of repairs thereto, one year from the date of such repairs.

The permittee shall, upon notice from the director of public works, immediately repair any injury or damage to the street occurring as a result of the work done under the permit.

In the event such repairs are not made by the permittee within forty-eight hours after notice, the director of public works is hereby authorized to make such repairs and charge all costs plus fifteen percent to the permittee. By acceptance of the permit, the permittee agrees to comply with the above. (Ord. No. 393 N.S., § 1.)

18-22 Alternative Methods And Materials

The director of public works shall determine all questions concerning which alternative methods and materials may be used by the permittee and the decision of the director of public works concerning the same shall be final. (Ord. No. 393 N.S., § 1.)

18-23 (Reserved)