Visalia Municipal Code Ch. 12.12 Excavations

An encroachment permit shall be obtained for all work performed in the public rights-of-way and utility easements in the city where the city has accepted the streets and easements for maintenance. This includes, but not limited to, any excavation or cutting of pavement, and the construction of curb and/or gutter, driveways or sidewalks. Tree trimming and fence construction within the public right-of-way will require a permit. All work done and materials used shall be in accordance with the City of Visalia Engineering Standard Specifications and Engineering Standard Details, current edition. (Ord. 2013-07, 2013)

A permit for the necessary work is to be obtained from the engineering department, City Hall, Visalia, California. Permit shall be obtained prior to the starting of any work, and permittee shall notify the engineering department a minimum of forty-eight (48) hours before the work is to be started. All permits will expire fourteen (14) days from the date they were issued, unless otherwise indicated by the applicant. The application shall indicate the location of rights-of-way, property lines, curb and gutter, and sidewalk in relation to where the facilities or improvements are being constructed, removed or relocated. Whoever is doing the work will have the permit issued in their name only. (Ord. 2013-07, 2013)

A. Every person, firm, company, corporation, or organization applying for a permit shall file with the engineering department a policy, true copy thereof, or certificate of insurance, accompanied by an endorsement signed by the underwriter or an authorized representative, as evidence that the applicant has obtained and maintains and shall require all of its subcontractors to maintain the following insurance requirements:

1. Comprehensive general liability coverage with limits of not less than one million dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor's Liability (if applicable).

2. Commercial automobile liability insurance with a combined single limit of no less than one million dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy. Applicants whose transportation operations are governed by the public utilities commission shall possess limits as required by the commission.

3. Worker's compensation coverage with statutory limits, and employer's liability insurance with limits of not less than one million dollars ($1,000,000.00) per accident.

4. At sole discretion of the city, projects of significant size, complexity, or cost may have increased liability coverage of more than one million dollars ($1,000,000.00).

B. The contractor shall agree to indemnify and hold the city and its officers, agents, employees, and assigns, harmless from any liability imposed for injury (as defined by Government Code Section 810.8), whether arising before or after completion of the work hereunder or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of the contractor, or of anyone acting under the contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this work.

C. It is the intent of the parties that the contractor will indemnify, defend, and hold harmless the city and its officers, agents, employees, and assigns from any and all claims, demands, costs, suits, or actions as set forth above, regardless of the existence of passive concurrent negligence, on the part of the city or anyone acting under its direction or control or on its behalf.

D. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.

E. This insurance shall not be canceled, limited in scope or coverage, or non- renewed until after thirty (30) days prior written notice has been given to the Engineering Department, 315 E. Acequia, Visalia CA 93292.

F. Franchised public utilities operating under the jurisdiction of the California Public Utilities Commission are exempt from the provisions of this section for work performed by their own forces. (Ord. 2013-07, 2013)

All underground facilities installed shall have a minimum cover of twenty-four (24) inches for installation within the traveled way between curbs, unless otherwise determined by the city engineer. In the parkway and sidewalk area the cover may be reduced to such minimums as approved by the city engineer. (Ord. 2013-07, 2013)

A. The operation shall be conducted in a manner to interfere with traffic as little as possible. All arterial and collector status streets shall be bored unless otherwise determined by the city engineer. The permittee shall comply with the California Vehicle Code and the City of Visalia Engineering Standard Specifications and Engineering Standard Details, current edition. A traffic control plan, in detail appropriate to the complexity of the work project, shall be prepared and understood by all responsible parties before the site is occupied. Any changes in the traffic control plan shall be approved by the city engineer or designee that is trained in safe traffic control practices. Not more than one-half of the public street shall be closed at any one time unless otherwise determined by the city engineer. Temporary access shall be provided for all owners. An open trench shall not exceed one hundred (100) feet in business and commercial districts or three hundred (300) feet in other districts unless authorized, in writing, by the city engineer. All trenches must be backfilled or covered up by nightfall at the direction of the city engineer.

B. Two-inch minimum temporary patching will be required on all trenches in the travel lane. Temporary patching on arterial and collector streets must be replaced with permanent paving within twenty-one (21) calendar days. Temporary patching on residential streets must be replaced with permanent paving with forty-two (42) calendar days. The contractor shall maintain the temporary patch. Should the contractor fail to maintain the temporary patching, the city shall maintain the trench and charge double the cost back to the contractor.

C. Dust control shall be maintained during construction by use of water or dust palliative or both. At the conclusion of the work, all dirt shall be removed from the street and the entire area left in a dirt and dust free condition. Should the contractor fail to control dust, the city will furnish the men and equipment to control the dust and charge double the cost back to the contractor. (Ord. 2013-07, 2013)

A. Pavement and base shall be replaced in accordance with the requirements of the City of Visalia Engineering Standard Specifications and Engineering Standard Details, current edition.

B. All surfacing material removed for the work proposed is to be disposed of off the public right-of-way. The backfill is to be compacted in accordance with the requirements of the City of Visalia Engineering Standard Specifications and Engineering Standard Details, current edition All necessary compaction and materials tests are to be paid for by the permittee unless it is called out as the responsibility of a contractor working on behalf of the city.

C. No pavement shall be replaced until the backfill and base have been inspected and approved by the city engineer or designee. (Ord. 2013-07, 2013)

The provisions of this chapter shall not apply to work on state and county highways where the permit is issued by the state or county and inspection is performed by the state or county. (Ord. 2013-07, 2013)

The provisions of this chapter shall apply to all city departments except that the requirements for permits and fees are waived. Fees will be waived for public utility work required in conjunction with a city-initiated public works projects. (Ord. 2013-07, 2013)

Nothing contained in this chapter shall be construed to prevent any person, firm or corporation, from maintaining any pipe or conduit in any public street, alley or other public place, by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property or for the restoration of electric, gas, water, communication facilities, or emergency and governmental services. When such necessity arises during such hours as the offices of the city are closed, the person, firm or corporation making such excavation shall apply for a permit therefore within twenty-four (24) hours after the city is first opened subsequent to the making of such excavation. (Ord. 2013-07, 2013)

A. Every permit for any excavation in or under the surface of any public street, alley or other public place shall be granted subject to the right of the city or of any person, firm or corporation entitled thereto, to use that part of such street, alley or other public place for any purpose for which such street, alley or other public place may lawfully be used, and to prior rights for utility installations previously authorized by the city. The permittee shall conduct his operations in a prudent and careful manner to avoid damage to all adjacent public and private improvements.

B. The permittee shall contact an "underground service alert" (USA) prior to any construction activities. Sufficient notice must be given to all utilities and the city in order to avoid damage to existing facilities and to permit relocation if necessary. The permittee shall pursue his work with care and caution so as to not damage any existing facility. (Ord. 2013-07, 2013)

The permittee shall be responsible for the maintenance of the area of the excavation or trench and the repaved area for a period of one year after pavement replacement. A fee will be assessed at the time the permit is issued to maintain the trench after one year. (Ord. 2013-07, 2013)

Where contract operations damage the paved area to a condition such that repairs are not practicable, the permittee may pay to the city a sum equal to the value of the repaving of the trenched area plus an agreed upon amount for unusual damage. Upon payment of such sum to the city the permittee will be relieved of the requirement of pavement restoration and maintenance. (Ord. 2013-07, 2013)

Failure of any person, firm or corporation to have a valid permit and fees paid in full for work covered by this chapter shall be the basis for refusal to issue any additional permits until work is covered by permits with fees paid plus investigation fees. Continued violation of this section shall be unlawful and constitutes an infraction of Section 19(c) of the California Penal Code. A person, firm or corporation convicted of an infraction under this code shall be punishable by fines in accordance with the applicable sections of the Visalia Municipal Code. In addition, each day such violation continues shall be regarded as a new and separate offense. Continued failure to ignore shall constitute not being allowed to continue to perform any work in the city. (Ord. 2013-07, 2013)

The fee schedule for issuing utility cut permits and inspection fees payable to the city shall be as are adopted and amended by resolution of the city council. (Ord. 2013-07, 2013)