Chapter 12.08
EXCAVATIONS

Sections:

12.08.010    Permit required.

12.08.020    Permit application.

12.08.030    Security deposit or bond required.

12.08.040    Work requirements.

12.08.050    Return of bond upon satisfactory completion.

12.08.010 Permit required.

It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or other public place in the city without having obtained a permit as required in this chapter, or without complying with the provisions of this chapter or in violation of or variance from the terms of any such permit. (Ord. 71-7 §1(a), 1971: prior code §16-5)

12.08.020 Permit application.

Applications for permits shall be made to the committee on streets and alleys or its authorized representative, and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, and the person, firm or corporation doing the actual excavating work and the name of the person, firm or corporation for whom or which the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. (Ord. 71-7 §1(b), 1971: prior code §16-5)

12.08.030 Security deposit or bond required.

In addition to paying a fee of ten dollars, the applicant shall deposit with the city in cash, certified check or other security acceptable to the committee on streets and alleys or its authorized representative, a sum equal to the contract (plus fifteen percent), including excavating costs, costs of installing the underground utility line, backfilling, compaction of backfill, pavement replacement, inspection and testing. Such sum shall be deposited with the city clerk and shall be held by the city until all work is accepted by the committee on streets and alleys or its authorized representative; provided, however, that the mayor, on the recommendation in writing of the committee on streets and alleys or its authorized representative may waive the requirement of a security deposit for such persons, firms or corporations who have during the previous year promptly performed all the work required in Section 12.08.040 in a manner satisfactory to the committee on streets and alleys. (Ord. 71-7 §1(c), 1971: prior code §16-5)

12.08.040 Work requirements.

Work shall conform to the following requirements:

A.    Prior to the beginning of the excavation, all equipment, pipe fittings, etc., required to complete the installation, shall be on hand, checked for fit, and approved by an authorized inspector.

B.    The contractor shall be responsible for the safety of the general public as well as persons working in excavations. Adequate shoring, barricades, flares, signs, pedestrian bridges and other protective devices shall be provided by the contractor. The contractor shall provide any additional protective devices or take additional precautions required by the committee on streets and alleys or its authorized representative.

C.    Any damage to utilities, streets, sidewalks, curbs or other public or private property caused by the this operation shall be repaired to the satisfaction of the committee on streets and sidewalks or its authorized representative.

D.    All backfill shall consist of the same material removed from the trench with the following exceptions: Trash, organic debris and frozen material shall not be replaced in the trench. Such material, if present, shall be replaced with clean pit-run gravel. When the street is surfaced with either pit-run or crushed gravel, or if both are present, clean material, corresponding in graduation and fracture count, shall be replaced to a compacted depth equal to the depth of such material in the remainder of the street, but in no case less than four inches.

E.    All backfill shall be compacted in small lifts to a minimum of ninety-five percent of maximum density as determined by AASHO Standard Method T-180, Method D, except that the top six inches of backfill under pavements shall be compacted to one-hundred percent of maximum density.

F.    Under asphalt or paved streets, all backfill between eight and twenty-four inches in depth shall consist of non-frost-susceptible pit-run gravel meeting the grading and durability criteria of current paving specifications of the city. All backfill within eight inches of the finished surface shall consist of graded crushed gravel having a maximum size of one inch and meeting all the requirements of current city paving specifications. A surface course consisting of two-inch hot-mix asphaltic concrete having a maximum aggregate size of three-quarters of an inch and a minimum marshall stability of seven hundred fifty shall be placed on the prepared backfill. All material and methods for placing and compacting shall conform to current city paving specifications.

G.    Every effort shall be made to complete all work and restore the street to its original condition in the shortest possible time. Except in the case of unusual and extenuating circumstances as determined by the committee on streets and alleys or its authorized representative, a penalty shall be charged the contractor whenever the time that an excavation remains open or the street has not been restored to its original condition exceeds the maximum allowed in the following schedule:

Zone or street Classification	Allowable time from commencing to completion of work	Additional charges for time that excavation remains open in excess of allowable	Additional charges for time street or sidewalk has not been restored to its original condition
Residential	3 Days	$10.00/day	$10.00/day
Business or Arterial	18 hours (maximum of 6 hours between 7 a.m. and 7 p.m.	$2.00/hr.	$2.00/hr.

However, if the contractor fails, refuses or neglects to restore the street and/or sidewalk to its original condition within ten days, the mayor is authorized and directed to have the street and/or sidewalk restored to its original condition by city work forces and/or other contractural arrangements with appropriate charge back to the original permit holder for the entire cost of the work. If a contractor feels that charges levied by the committee on streets and alleys or its authorized representative are unreasonable, he may appeal to the city council by a letter directed to the mayor within five days after the charges have been levied in writing to the contractor involved.

H.    All excess dirt and debris and construction materials shall be removed from the job site after completion and before acceptance. Excess dirt shall not be spread over adjacent gravel streets. On paved streets, excess dirt and gravel shall be swept up and entirely removed leaving streets and gutters entirely clean. (Ord. 71-7 §1(d), 1971: prior code §16-5)

12.08.050 Return of bond upon satisfactory completion.

When the work has been satisfactorily completed and so certified by the committee on streets and alleys or its authorized representative, the city clerk shall return the bond deposit, less any penalties and costs to the city. (Ord. 71-7 §1(e), 1971: prior code §16-5)