CHAPTER 3
EXCAVATIONS
SECTION:
8-3-1: Permit Required; Emergency Exception; Form
8-3-2: Permit Terms And Conditions
8-3-3: Permit Fee; Furnishing Restoration Specifications
8-3-4: Permit Issuance; Work Completion; Bond Forfeiture
8-3-5: Inspection Authorized; Fee
8-3-6: Performance Bond Required
8-3-7: Liability Insurance Coverage
8-3-8: Safety Devices Required
8-3-1 PERMIT REQUIRED; EMERGENCY EXCEPTION; FORM:
A. Permit Required; Exception: It is unlawful for any person, firm or corporation to cut up, dig up, undermine, break, excavate, tunnel, or in any way disturb or obstruct any street, alley or any street pavement or improvement or other city owned property in the city without first having obtained written permission as provided in this chapter; provided, however, that in case of an emergency occurring outside of regular office hours, whenever an immediate excavation may be necessary for the protection of life or public or private property, such matter shall be reported immediately to the director of public works, who may thereupon grant permission to make the necessary excavation upon the express condition that an application for a permit shall be made in the manner provided in this chapter on or before twelve o’clock (12:00) noon of the next following business day. (Ord. 479, 6-12-1995)
B. Form Of Permit: The permit required by this chapter shall be in such form as established by the city. (Ord. 736, 9-12-2005)
8-3-2 PERMIT TERMS AND CONDITIONS:
Such permit shall be granted only upon compliance with the following terms and conditions:
A. Application For Permit; Filing Of Plat: The party requesting such permit shall make application in writing and simultaneously therewith file with the city a plat showing the location and plan of the excavation, cutting or other work desired to be done, and the street, alley or place to be so used, together with a full description of the nature of the work. The director of public works shall thereupon examine such application and plat, and if the same shall be approved and proper performance bond filed, as hereinafter provided, permits may be issued.
B. Specify Location And Work Involved; Restoration: Such permit shall specify the place where such acts are to be performed and done, together with a description of the proposed work to be done under such permit and the length of time allowed for the completion thereof. The permittee shall further be required to replace to its former condition whatever portion of the street, alley, pavement or improvement that may have been disturbed or affected in any way during such work, and such permit may further specify whether the city elects to do the work of restoring the surface as provided in this chapter.
C. City Supervision; Cost Borne By Permittee: The acts and work permitted under such permit, and the restoration to its former condition of such street, alley, pavement or improvement, shall at all times be performed under the supervision and control of the director of public works, but at the sole cost and expense of the permittee.
D. Disposition Of Excavated Materials; Backfilling: In making any excavation, cut or break in any public street, avenue or alley, the materials thus excavated from the trenches thereof not otherwise suitable for backfilling shall be disposed of as directed by the city. All such excavations shall be backfilled with approved materials and shall be fairly compacted by water or mechanical tamping.
E. Maximum Length Of Open Trench: The maximum length of any open trench during such work shall at no time exceed two hundred (200) lineal feet, except when otherwise granted by special written permission from the director of public works.
F. Storm Sewer Facilities, Replacement: All existing storm sewer facilities and other utilities that are moved or disconnected during such work shall be replaced immediately as directed, and all excavated areas shall be cleaned thoroughly and swept immediately after backfilling and after completion of compaction. A concrete saw shall be used to cut all pavement so as to produce a reasonably square and true edge without spalling or cracking into adjacent pavement.
G. Intersections, Safety For Vehicular And Pedestrian Traffic: If the director of public works so elects, all excavated materials at intersections shall be removed and disposed of and planks placed over trenches so as to provide safe and adequate passage for vehicular and pedestrian traffic at all times.
H. Excavation And Restoration Work: In excavating any public street, avenue or alley, the surface material and earth removed must be kept separate and deposited in a manner that will occasion the least inconvenience to or interference with the public, with adequate provision for proper surface drainage and safe passage for the traveling public. Such surface or pavement, after refilling, shall be placed in as good condition and wear as it existed immediately prior to the excavations. If the permittee shall fail to complete such work and restore such street, alley, pavement or improvement before the expiration of the time fixed by such permit, the director of public works shall, if he deems it advisable, cause such work to be done by the city or any other party in order to return such street, alley, pavement, improvement or place to its original and proper condition as it existed immediately prior to such excavation; in such case the permittee shall be liable unto the city for any and all work performed, and the city shall have the right to proceed against the performance bond filed by said permittee as provided in this chapter. The city shall have a right of action against such permittee for all fees, expenses and costs paid out and incurred in connection with such work not otherwise covered by said bond.
I. Work Guarantee: The permittee, as a further condition to the issuance of such permit, shall warrant and guarantee unto the city the work performed and the restoration of the premises for a period of two (2) years from the date of completion of such work.
J. Installing Or Repairing Gas Service Line: If a permit is issued for excavation for the purpose of installing, maintaining, repairing or replacing any gas service line to carry gas from a main or gas line within a street, alley or public place to private property for use of such gas thereon, the permittee shall further agree, in the application for any such permit, that if the structure or facility on any such private property to which gas is introduced or furnished by the service line shall thereafter cease to be occupied or shall no longer be used or useful, the permittee and each of its successors and assigns will, upon any such occurrence, cut and cap such service line to prevent further flow of gas to such structure or facilities, or, upon written demand of the city take such similar action. Upon completion of such work including the capping of such line, the same shall be reported to the city in writing. Permittee agrees, whenever possible, to notify the city in writing whenever any such structure or facility has ceased to be serviced by any gas line or has otherwise discontinued or abandoned the use thereof.
K. Refilling Work Done By City; Cost Borne By Permittee: The city shall have the right to elect, and to specify such election on the permit to be issued, that the refilling of all trenches made in a public street, alley or highway, and the repaving or resurfacing thereof, may be done by the city and any and all costs and expenses in connection therewith be charged to and paid by the permittee and/or the sureties of his/her performance bond. Such bond shall be in an amount not less than the anticipated cost of the work to be done.
L. Underground Facilities: The city will not be responsible for locating and/or exposing city owned or private utilities, storm drains, water lines, sewer lines, or any underground facility; the city will, however, attempt to the best of its ability to reference, in general, underground facilities. It shall be the sole responsibility of the permittee to use whatever proper precautions are necessary in all excavations with respect to all underground facilities to ensure the prevention of any damage whatsoever, to include the use of hand labor if necessary. (Ord. 479, 6-12-1995)
8-3-3 PERMIT FEE; FURNISHING RESTORATION SPECIFICATIONS:
A. Fee: The fee will be as set forth in the city of Roy fee schedule.
B. Specifications: The director of public works shall furnish specifications for street, alley and roadway restoration to the permittee. (Ord. 479, 6-12-1995; Ord. 953, 11-27-2017)
8-3-4 PERMIT ISSUANCE; WORK COMPLETION; BOND FORFEITURE:
Such permit shall be issued in triplicate, and one (1) copy thereof shall be forthwith filed with the chief of police, one (1) copy with the clerk-treasurer and one (1) copy with the director of public works, who shall notify the clerk-treasurer when the street, alley or other improvements have been restored to their former condition as requested by this chapter. Immediately upon the completion of the acts or work allowed under such permit, written notice thereof shall also be given to the city by the permittee. Any delay after such completion in giving such written notice to the city shall render the permittee liable upon his/her bond for each day of any such delay an amount as set forth in the city of Roy fee schedule. (Ord. 479, 6-12-1995; Ord. 953, 11-27-2017)
8-3-5 INSPECTION AUTHORIZED; FEE:
The director of public works may, if in his/her judgment the nature and type of work are such as to require inspection thereof, either during the progress of such work or after the premises affected have been restored to its original condition, or at both said times, inspect the same at the expense of the permittee, and said permittee shall pay an hourly inspection fee as set forth in the city of Roy fee schedule, with a minimum of one (1) hour, plus costs incurred by the city if necessary to hire qualified consultants to perform such inspections. (Ord. 479, 6-12-1995; Ord. 953, 11-27-2017)
8-3-6 PERFORMANCE BOND REQUIRED:
The applicant for any such permit, prior to the issuance thereof as provided in this chapter, shall execute and deliver unto the city and file with its clerk-treasurer a performance bond in such amount as shall be fixed by the director of public works, which bond, or any additional bond and/or separate liability insurance coverage elsewhere provided in this chapter shall also provide that the applicant will keep and save the city harmless from any and all claims, liabilities, judgments, loss, damages and expenses arising from any acts which said permittee may do under the permit, or which may be done by any of his/her agents, servants, representatives or employees in excavation or disturbing any such alley, street, pavement or improvement, or by reason of the violation of any of the provisions of this chapter, and to otherwise fully warrant the work and acts required hereunder for a period of two (2) years. (Ord. 479, 6-12-1995)
8-3-7 LIABILITY INSURANCE COVERAGE:
The applicant shall obtain and keep in force during the term of the permit public liability and property damage insurance in companies and in form to be approved by the clerk-treasurer. The insurance shall cover the applicant, any subcontractor performing work provided by the permit, and the city, insofar as the work and obligations performed under the permit are concerned. The coverage shall protect against claims for personal injuries, including accidental death, as well as against claims for property damage which may arise from any act or omission of the applicant, the subcontractor, or anyone directly or indirectly employed by either of them. The minimum policy limits of such insurance shall be not less than one million dollars ($1,000,000.00) for bodily injury, including accidental death, to any one person, and subject to that limit for each person, in an amount not less than three million dollars ($3,000,000.00) for each accident; and property damage coverage in an amount of not less than one hundred thousand dollars ($100,000.00) for each accident. (Ord. 736, 9-12-2005)
8-3-8 SAFETY DEVICES REQUIRED:
In case any public street, alley, pavement, improvement or place shall be dug up, excavated, undermined, cut or disturbed, the permittee shall cause to be erected and maintained around the portion of the street, alley, pavement, improvement or place so disturbed, such barriers, lights, signs, flagmen and other safety devices as may be required by the director of public works and the police department, and failure to do so shall constitute a violation of this chapter. (Ord. 479, 6-12-1995)
8-3-9 PENALTY:
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 479, 6-12-1995; amd. 2006 Code)