Chapter 12.08 — GENERAL STANDARDS AND ENFORCEMENT

Article I

Standards and Specifications

All work shall be performed in accordance with the Standard Specifications for Public Works Construction—1991 Edition, or according to the plans referred to in the permit and, in addition, to any special requirements and/or specifications which are made a part of the permit. In case of a conflict between two specifications, the higher specification shall apply. (Prior code § 7103.05; Ord. 806 § 1, 1992)

Any person who shall commence any work for which a permit is required by Division I and Chapters 12.36 and 12.40 of this title without first having obtained a permit therefor shall stop and apply for such permit. (Prior code § 7103.06)

Every permit issued under Division I and Chapters 12.36 and 12.40 of this title for activity or work in, along, on, over, across or under the street shall be granted subject to the right of the city or of any other person entitled thereto, to use that part of such highway for any purpose for which such street may lawfully be used. Proof of the applicant's right to use the highways for the purposes set forth in the application shall be filed with the city engineer. (Prior code § 7103.04)

Every person who commences any activity or work regulated by Division I and Chapters 12.36 and 12.40 of this title must comply with the provisions of Division I and Chapters 12.36 and 12.40, the provisions made a part of any permit, and the provisions of the specifications and all codes referred to by said Division I and Chapters 12.36 and 12.40. (Prior code § 7103.09)

Whenever Division I and Chapters 12.36 and 12.40 of this title require a permittee to perform any work, take any action or be liable for any fees or costs, such requirement also applies to any person who commences any work for which a permit is required by said Division I and Chapters 12.36 and 12.40, whether such person obtains such a permit or not. (Prior code § 7103.03)

Any person engaged in performing work regulated by Division I and Chapters 12.36 and 12.40 of this title which interferes with or endangers the safe movement of traffic, shall have the work safeguarded by adequate warning signs, barricades, lights and devices. He or she shall be responsible for placing and maintaining adequate warning signs, lights, barricades and devices during all periods of his or her activity, in order to promote the safe movement of traffic, including, but not limited to, periods of twilight, nighttime, fog and/or rain. All warning signs, barriers, barricades, flags and other devices shall comply with or exceed the standards required by the city engineer.

(Prior code § 7103.01)

The permittee shall make the permit available for inspection by the city engineer or his or her representative, or by any peace officer or other person having responsibility for safety or maintenance of the street. Each permit for moving must be in or on the vehicle or combination of vehicles to which it refers.

(Prior code § 7103.07)

A person shall not obstruct the city engineer or his or her duly authorized representative in making any inspection authorized by Division I and Chapters 12.36 and 12.40 of this title, or in taking any sample or in making any test. (Prior code § 7103.02)

Every person who commences any activity or work regulated by Division I and Chapters 12.36 and 12.40 of this title shall safeguard and complete the activity or work within a reasonable time. Any part of the street facility of any nature removed or disturbed shall be repaired, restored and replaced in a condition satisfactory to the city engineer. All surplus material of any kind shall be removed from the street.

(Prior code § 7103.08)

All persons shall obey and comply with every order, decision, direction or rule made or presented by the city engineer in the matters specified on the permit or by attachments, or by any other matter in any way relating to or affecting their use of the street, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees; except, in the case of a public utility regulated by the Public Utilities Commission, when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the Public Utilities Commission applicable to such public utility. (Prior code § 7103.14)

The city engineer may restrict the use of or close any city street whenever he or she considers such closing or restriction of use necessary:

• A. For the protection of the public;

• B. For the protection of such city street from damage during storms;

• C. During construction, improvement or maintenance operations thereon.

(Prior code § 7103.15)

The permittee shall investigate and be aware of all existing facilities lawfully within the streets which are within the limits of his or her activity. The permittee shall not interfere with any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner, or to the satisfaction of its owner. (Prior code § 7103.12(A))

The cost of locating, exposing, moving or relocating publicly and privately owned facilities shall be borne by the permittee unless he or she makes other arrangements with the owner of the facility or unless the owner is required by his or her franchise or agreement to relocate his or her facility without cost.

(Prior code § 7103.12(B))

• A. Except in emergency work to protect the public and property, any permittee proposing to excavate in any street shall make a search of available records of underground facilities and shall notify owners or operators known to have such facilities in the vicinity of the proposed excavation by telephone or other acceptable means of communications at least forty-eight hours prior to the time of proposed excavation, exclusive of weekends or legal holidays.

• B. At such time as a one-call notification system is operational in the incorporated territory of the city, the permittee shall notify those owners or operators who are members of the system by notifying the system by telephone at least forty-eight hours prior to the time of proposed excavation, exclusive of weekends or legal holidays. The permit shall not be valid until the permittee receives a "ticket" number from the system acknowledging the notification, which number the permittee shall enter upon the face of the permit. Such notification is an additional method to be used in determining underground facilities, and does not relieve the permittee from the responsibility to assure that owners or operators of such facilities are notified.

• C. Any permittee shall likewise notify nonmembers of the system who are owners or operators of facilities in the vicinity of the proposed excavation.

• D. Any person receiving notice pursuant to this chapter shall, not less than one working day in advance of proposed construction unless otherwise agreed between such person and the permittee, inform the permittee of or field mark the location of any underground facility in the proposed area of excavation.

• (Prior code § 7103.12(D))

Each permittee excavating in the street shall notify the public agency maintaining records for that jurisdiction and the owner, if known, whenever previously unidentified or unknown utilities or underground facilities are encountered, so that the location can be accurately established and made part of the permanent substructure records. (Prior code § 7103.12(G))

No moving contractor, as defined in Chapter 12.04, shall interfere in any manner whatsoever with any property of any public utility. When any load requiring a special permit is moved along or across any street, and it is determined that the height, width or weight of such load exceeds the height, width or weight as stated in the permit and property damage results therefrom, the city engineer is authorized to withhold any other moving permit from the violator until he or she produces evidence satisfactory to the city engineer that each additional permit load complies with all dimensions and weights as shown upon the application, and the load will not interfere with any public utility. The permittee violating this section may also be prosecuted under the provisions of Division I and Chapters 12.36 and 12.40 of this title. (Prior code § 7103.12(H))

The permittee shall support and protect all facilities by a method satisfactory to the owner. The owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of such facilities should be damaged (and for this purpose, pipe coating or other encasement of devices should be considered as part of a structure), they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee.

(Prior code § 7103.12(C))

• A. Any permittee, prior to making any excavation within the construction area where a pipeline known to carry a hazardous substance exists, shall not excavate until the pipeline has been located by potholing or other proven or acceptable method, at intervals sufficient to determine its exact location. The permittee shall arrange with the owner to locate or expose private and public facilities. Abandoned or inoperative pipelines designed to carry hazardous substances shall be considered as carrying a hazardous substance until determined otherwise by the owner.

• B. In no case shall the intervals between potholes or the location by proven acceptable methods exceed the distance set forth as follows:

  1. Excavations for Street Construction. The pipelines shall be located at intervals not greater than twenty-five feet for lines less than eight inches in diameter, fifty feet for lines of eight inches through twenty-four inches in diameter, and one hundred feet for lines greater than twenty-four inches in diameter;

  2. Trench Excavation.

     • a. Longitudinal Pipelines. All longitudinal pipelines in the construction area of the streets shall be located at intervals not greater than five hundred feet. If determined to be within six feet of the excavation, it shall be further located at intervals not greater than twenty-five feet for lines less than eight inches in
  • diameter, fifty feet for lines of eight inches through twenty-four inches in diameter, and one hundred feet for lines greater than twenty-four inches in diameter,

• b. Transverse Pipelines. If the location of the pipelines is above or less than six inches below the facility being installed, it shall be carefully hand-tool exposed before excavating. If its location is six inches or more below the facility, it need only be located.

(Prior code § 7103.12(E))

• A. After it is determined that the horizontal or vertical clearance between the pipeline known to carry hazardous substances and the construction limits is less than twelve inches (eighteen inches if scarifying), the permittee shall confer with the owner. Unless the owner elects to relocate, abandon or take the pipeline out of service, the permittee shall not excavate until the pipeline has been completely hand-tool exposed within the limits of construction.

• B. Once the physical location of pipelines known to carry hazardous substances has been determined, as above described, the permittee doing the excavating, in cooperation with and with the concurrence of the owner, shall determine how to protect the pipeline from damage before proceeding with his or her work.

• (Prior code § 7103.12(F))

• A. Upon completion of the permittee's activity, the city engineer, at his or her option, may require the permittee to restore that portion of the street facilities damaged by the permittee's activity, or the city engineer may elect to do such restoration himself.

• B. Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness less than two inches.

• C. The base course removed shall be replaced to the same thickness as that of the surrounding base course.

• D. Where the street surface has been treated with a seal or slurry prior to the work under permit, the seal and/or slurry shall be replaced upon the portion repaired.

• E. When the structural section removed varies from or exceeds the average existing section, the city engineer may elect to require the replacement of an equivalent section which would meet the average structural section requirements.

• F. In those instances where the permittee's excavation is within an area of street to be reconstructed by the city and the resurfacing of the excavation is an integral part of the general city improvement, the city engineer may waive such resurfacing.

• (Prior code § 7103.10)

When paving, excavated material, barricades, lights or other devices are not properly placed or maintained; when the work started is not completed; when the work does not comply with the specifications or any special requirement; when the person fails or refuses to remove any obstruction; when any street facility has been damaged and the person fails or refuses to repair or restore; the city engineer, with city forces or otherwise, may cause such to be placed, erected, completed, repaired, restored and/or maintained. The person shall pay for any and all costs. (Prior code § 7103.13)

The permittee shall save harmless the city, its officers, agents and employees of and from any and all liability or responsibility for any property damage or loss, or injury or death to any person arising out of or occurring as the proximate result of the work undertaken. (Prior code § 7103.12(I))