Chapter 13.08


13.08.010    Applicability.

13.08.020    Design approval.

13.08.030    Traffic-control plan.

13.08.040    Inspection and correction authority.

13.08.045    City Public Works Department crew call-out charge.

13.08.050    One-year warranty.

13.08.060    As-built plans, records and test data.

13.08.070    Post-warranty maintenance.

13.08.080    Exception approval.

13.08.090    State right-of-way work.

13.08.100    Permits on site.

13.08.110    Bond or cash deposit – Insurance.

13.08.120    Twenty-four hours’ notice.

13.08.130    Right-of-way restoration.

13.08.140    Damage to City utilities.

13.08.150    Supply of data to Inspector.

13.08.160    Workmanship – Unspecified processes and materials.

13.08.170    Violation – Penalty.

13.08.010 Applicability.

This chapter and the City standard specifications apply to the construction of roads, utilities, driveway and roadside drainage projects within the public rights-of-way (R.O.W.).

a. Any person proposing work in the right-of-way or connecting to a City utility shall obtain a permit from the City of each individual project. Permits shall be available at City Hall Planning Department.

b. A permit fee for each permit shall be paid upon issuance of the particular permit. Permit fees shall be set by resolution of the City Council. [Ord. 02-27 § 3, 2002; Ord. 87-7(S), 1987].

13.08.020 Design approval.

The City may require that the project design, plans and specifications be engineered and be subject to the approval of the Public Works Director. This provision is primarily applicable to, but not limited to, main lines, storm drains, streets, roads, sidewalks and commercial projects. [Ord. 87-7(S), 1987].

13.08.030 Traffic-control plan.

The Public Works Engineer may require that a traffic-control plan be submitted for review and approval. Upon approval, the plan must be adhered to during construction. [Ord. 87-7(S), 1987].

13.08.040 Inspection and correction authority.

The City has the right to inspect all projects to determine compliance with City standards, specifications and ordinances. The City has the right to reject materials or workmanship not in compliance with City standard specifications or ordinances and to stop work until corrections are made. If corrections are not made in a timely manner, the City shall take necessary corrective action. All expenses incurred by the City shall be chargeable to the contractor. [Ord. 87-7(S), 1987].

13.08.045 City Public Works Department crew call-out charge.

a. When necessitated pursuant to the provisions of this chapter, the contractor shall agree to pay to the City the cost of services performed by the City Public Works Department work crew on behalf of the contractor whether such work is requested by the contractor, Public Works Director, or his designee. The charge for such services shall be at such rates calculated to reimburse the City for its actual labor and material costs plus 15 percent for administrative costs. In addition, the contractor agrees to reimburse the City at pre-determined rates for the use of City equipment used by the City crew on the job.

b. However, the City crew shall not be called out on any project unless an emergency situation arises which, in the opinion of the Public Works Director, or his designee, determines to be a threat to the public health and safety. In addition, the City crew shall be called out under such circumstances only after the City, through the Public Works Director or his designee, has made every reasonable effort to reach the contractor responsible for the project. The contractor may set forth the telephone numbers or other means of communication on his individual permit in the event such an emergency situation arises. [Ord. 87-7(S), 1987].

13.08.050 One-year warranty.

a. The contractor shall be responsible for any damage which occurs to the public rights-of-way or his installation due to his work for a period of one year after the specific project has been completed and approved by the City.

b. Damages to the right-of-way not repaired by the contractor after written notification by the City, within a time period set by the City, will be repaired by the City of Homer at the contractor’s expense. Failure to pay such cost incurred may result in suspension of permits and refusal to issue any permits until the cost of repair has been made.

c. The contractor shall be responsible for any damages caused to City utilities by his installation or work. [Ord. 87-7(S), 1987].

13.08.060 As-built plans, records and test data.

No work will be accepted without copies of the required as-built plans, records and test data. [Ord. 87-7(S), 1987].

13.08.070 Post-warranty maintenance.

After the one-year warranty, the City of Homer will be responsible for the maintenance of all service lines within the public rights-of-way. The cost of maintenance shall be borne by the City unless the reason for the repair is the fault of the consumer. If such maintenance is caused by the consumer due to negligence or abuse, the consumer will be responsible for the cost of such repairs as are necessary. [Ord. 87-7(S), 1987].

13.08.080 Exception approval.

Any exception to this specification or conflict between this specification and any approved project design, plans or specification shall be governed by the Public Works Director or his designee. [Ord. 87-7(S), 1987].

13.08.090 State right-of-way work.

All work in State rights-of-way shall require a State permit. Permit shall be applied for through the City of Homer. The City shall inspect the work involved the same as in the City rights-of-way. In addition to following City ordinances and standard specifications, all State requirements must be met. In the event of a conflict between City ordinances, standards and State requirements, the City Inspector shall be the final authority. [Ord. 87-7(S), 1987].

13.08.100 Permits on site.

A copy of applicable permit(s) must be on the construction site. If not, the City reserves the right to close the work down until such time as the permit is present. [Ord. 87-7(S), 1987].

13.08.110 Bond or cash deposit – Insurance.

a. No person, firm or corporation shall perform any act within the dedicated public use rights-of-way which in any manner would alter the condition of these rights-of-way as they now exist or exist at the time of dedication within the City without first obtaining a written permit from the City Manager or his designee.

b. Any person, firm or corporation proposing to perform work under this section shall be a State of Alaska licensed contractor and shall provide a copy of their current State contractor’s certificate when applying for a work in the right-of-way permit.

c. A bond or cash deposit may be required of any contractor in an amount and under such conditions deemed appropriate by the City Manager or his designee to cover damages of any kind resulting from the contractor’s operations under the permit.

d. The contractor shall also be required to prequalify on the basis that he has or can demonstrate the ability, capacity and skill to perform the work as specified by reputation and experience and prior permit performance. As part of such prequalification the contractor shall present evidence that he carries liability insurance in the aggregate amount of not less than $500,000.

e. To obtain the information specified in subsection (d) of this section, the City may require a contractor to complete a confidential qualifying questionnaire or provide a list of references. [Ord. 88-12 § 1, 1988; Ord. 87-7(S), 1987].

13.08.120 Twenty-four hours’ notice.

a. Inspection Notice. The contractor shall give the Public Works Inspector one working day’s notice of a requirement for inspection.

b. The contractor shall give 24 hours’ notice to all utilities (including gas, telephone, electric, water, sewer and cable TV) of his intention to excavate in the area proposed. All existing utility lines or pipes must be staked or clearly marked by the appropriate utility company prior to any excavation by the contractor. [Ord. 87-7(S), 1987].

13.08.130 Right-of-way restoration.

The public right-of-way must be restored to its original condition before any work can be accepted.

a. All work under this section shall be in accordance with the provisions contained in HCC 11.04.140(e) and (f). [Ord. 87-7(S), 1987].

13.08.140 Damage to City utilities.

Damage to the City utilities must be repaired immediately. Failure of the contractor to make immediate repairs will result in the City of Homer making such repairs chargeable to the contractor. Failure to pay the cost incurred may result in suspension of the permits and refusal to issue any permits until the cost of repair has been made. [Ord. 87-7(S), 1987].

13.08.150 Supply of data to Inspector.

The contractor will supply the Public Works Inspector with all data required to facilitate as-built records. [Ord. 87-7(S), 1987].

13.08.160 Workmanship – Unspecified processes and materials.

Workmanship and all other materials and processes not specified in this title shall be in accordance with the current State approved Uniform Plumbing, Uniform Building and Uniform Safety Codes and all other City, State and Federal standards, specifications and laws. [Ord. 87-7(S), 1987].

13.08.170 Violation – Penalty.

The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided. [Ord. 18-11 § 11, 2018].


Editor’s Note: The provisions of this chapter were originally enacted by Ordinance 85-25(A) which was repealed by Ordinance 87-7(S).