CHAPTER XX. STREETS AND SIDEWALKSCHAPTER XX. STREETS AND SIDEWALKS\ARTICLE 2. EXCAVATION AND PAVEMENT CUTTING

No person, firm or corporation, other than authorized city employees shall dig or excavate any hole, ditch, trench or tunnel in or under any street, avenue, alley, sidewalk, park or other public property or any public easement through private property without first having taken out a permit and paid the fee therefor and given bond as hereinafter provided.

(Code 1975, Sec. 20-201)

Any person desiring to do any of the work set forth in the preceding section shall first make an application to the director of public works for a permit therefor. If the application for the permit is approved by the city, the director of public works shall issue the permit upon payment of the fee of $5. Each permit issued under the provisions of this article shall cover only one specified piece of work.

(Ord. 3596; Ord. 4667-08)

No permit shall be issued under the provisions of this article until the applicant gives or has given to the city a good and sufficient bond in the sum of $5,000, to be approved by the city attorney, conditioned that the applicant will faithfully comply with all the terms and conditions of this article, and indemnify and hold the city harmless against all costs, expenses, damages and injuries by persons or by the city sustained by reason of the carelessness or negligence of such permit holder operating under the provisions of this article. No bond for this purpose shall run for a period longer than two years without being renewed, and the bond shall remain in full force and effect as to each excavation or piece of work done for two years after the same has been made or done. Any party operating under a franchise or under contract with the city for municipal improvements shall not be required to give bond as herein provided for.

(Code 1975, Sec. 20-203)

All work done under permits issued under the provisions of this article shall be done under the direction and to the satisfaction of the city engineer. If any permit holder shall fail, refuse or neglect to comply with the provisions of this article, or any reasonable orders or directions of the city engineer in reference thereto, the director of public works may refuse further permits to such party,

(Code 1975, Sec. 20-204; Ord. 4667-08)

Any person, firm or corporation to whom any permit is issued as provided in this article shall be responsible to provide and maintain all necessary safeguards to functionally protect persons and property from injury and damage at all times. The permit holder shall enclose all excavations which the permit holder may make or cause to be made in the public streets, avenues or alleys, with such barriers, barricades, flashing lights and warning signs as shall be sufficient and necessary at all times and under all conditions, including changed or changing conditions, from the beginning of the work to the completion of the same. Each warning sign and device shall conform to the appropriate size, design and arrangement specified within the most current edition of the Manual on Uniform Traffic Control Devices. In making the excavation contemplated by this article, such permit holder shall in so doing be deemed to have agreed to hold the city harmless from any claim for damages resulting from such work and such persons, firm or corporation shall be liable to the city on their bond for the same.

(Code 1975, Sec. 20-205; Ord. 4667-08)

All costs and expenses for pavement, curb and gutters and sidewalk cuts and excavations shall be determined by private contract between the permit holder and the property owner. All backfilling of excavations and repair or replacement of pavement, curb and gutters and sidewalks permitted under this article shall be carried out by the street department.

(a)   Additional Fees. The permit holder under the provisions of this article shall pay the city in addition to the permit fee, the following sum for the repair or replacement of pavement, curb and gutters and sidewalks and backfilling the same:

(1)   Sidewalk. For each square foot (minimum charge: one square yard or each entire section or square of walk cut, whichever is larger) - $5.10;

(2)   Curb and Gutter.

(A)  For each lineal foot or fraction thereof of concrete curb - $21.60;

(B)  For each lineal foot or fraction thereof of concrete gutter - $21.60;

(3)   Paved Streets and Alleys. For each square foot or fraction thereof of pavement (minimum charge: $20.00) - $10.80;

(4)   Unpaved Streets and Alleys. For each square foot or fraction thereof of unpaved street or alley (minimum charge: $10.00) - $7.20;

(5)   Bar Holes. Test holes not exceeding six inches in diameter per hole - $9.60;

(6)   The above rates shall apply to all excavations of six feet or less in depth. An additional sum of $1.00 per square foot for each additional foot of excavation depth, below six feet, shall be charged.

(7)   Such sums shall cover the cost of the backfill, removal of surplus material and replacement of pavement, curb and gutter and sidewalk. Additional charges shall be made for materials used to cover unpaved streets and alleys. The area to be backfilled or the area to be repaired or replaced shall be determined by the street superintendent.

(b)   Public Utilities. In the construction of improvements by public utility companies involving large backfill and paving, curb and gutter and sidewalk repair operations, the city manager may permit such public utility company to backfill and repair such paving, curb and gutter and sidewalks or to contract therefor, and such work shall be done in compliance with the specifications of the city engineer; Provided, That charges made by the city to the public utility companies in such case shall be based upon recommendations of the city engineer and street superintendent and approved by the city manager.

(c)   Excavation Within Four Feet of Existing Improvement. Any excavation in any street, alley, easement or parking area which is less than four feet from any existing pavement, curb and gutter or sidewalk shall be backfilled with the excavated materials, dampened and thoroughly tamped in six inch layers until its compaction is equal to 100 percent of that of the undisturbed soil adjacent, or it shall be backfilled with sand which shall be flushed into place with water to within six inches of the surface and the rest of the backfill shall be made of excavated material securely tamped and left flush with the surface. In a sodded area, the sod shall be carefully removed, then reset as the work is completed.

(d)   Extra Excavation of Pavement Beyond Edges of Dirt Foundations. The pavement portion of all street pavement cuts shall be excavated for a minimum distance of one foot beyond the edges of the dirt excavation, except that when one side of the pavement cut touches a gutter, the gutter pavement shall not be excavated. Such excavation of pavement shall be done by use of a pavement saw and only after the dirt excavation has been backfilled. The dimensions of a pavement cut as given on the permit shall include the extra excavation of pavement beyond the edges of the dirt excavation. All material and workmanship shall conform with specifications of the city engineer.

(e)   Excavation of Unimproved Street or Alley. All excavations in any used or traveled portion of any unimproved street or alley, except as provided in the preceding section, may be backfilled with the excavated material; Provided, That it shall be compacted by mechanical tamper in six inch layers and all surplus material shall be trimmed and removed from the line of the ditch.

(f)   Duty of Persons Making Excavation. It shall be the duty of any person making an excavation in any of the unimproved streets, alleys or other public grounds of the city to backfill and maintain all trenches or ditches in a safe condition for the traveling public until the excavated material has reached final settlement.

(Ord. 3617; Ord. 4667-08; Ord. 4931-16)