Chapter 12.16 STREET EXCAVATIONS

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

A. “Applicant” is any person making written application to the city engineer for an excavation permit hereunder.

B. “City” is the city of Mount Vernon.

C. “City council” or “council” is the city council of the city of Mount Vernon.

D. “City engineer” is the city engineer of the city of Mount Vernon.

E. “Excavation work” is the excavation and other work permitted under an excavation permit and required to be performed under this chapter.

F. “Permittee” is any person who has been granted and has in full force and effect an excavation permit issued hereunder.

G. “Person” is any person, firm, partnership, association, corporation, company or organization of any kind.

H. “Street” is any street, highway, sidewalk, alley, avenue, easement made to the city for public use, or other public way or public grounds in the city. (Ord. 3216 § 6, 2004; Ord. 1701 § 10-1002, 1974).

12.16.030 Permit – Required when.

It is unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excavation permit therefor from the city engineer as herein provided. (Ord. 3216 § 7, 2004; Ord. 1701 § 10-1003, 1974).

12.16.040 Permit – Application – Contents and plans required.

No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the city engineer. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and date of completion of the excavation, and other data as may reasonably be required by the city engineer. The application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the city engineer. (Ord. 3216 § 8, 2004; Ord. 1701 § 10-1004, 1974).

12.16.044 Licensed contractor required.

A. Work done under a street excavation permit must be carried out by a contractor licensed by the state of Washington and bonded pursuant to the terms of this chapter; provided, that the director of public works may waive the requirement for good cause shown.

B. All contractors must have a valid city business license as required per Chapter 5.04 MVMC. (Ord. 3216 § 9, 2004).

12.16.050 Permit – Issuance fees.

A. A permit fee shall be charged by the city for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The excavation permit fee shall be in an amount varying with the type of surface to be opened, dug or excavated under the permit issued, as follows:

1. Permanent surface excavation: $25.00;

2. Traveled surface excavation: $20.00;

3. Nontraveled surface excavation: $10.00;

4. Driveway culvert installation: $10.00.

B. The permittee may be required to submit a deposit for as-built guarantee in an amount approved by the city engineer that is based on the cost of preparing the as-builts. The deposit will be refunded when the permittee has completed construction and submitted as-builts to the city engineer. (Ord. 3216 §§ 10, 11, 2004; Ord. 1701 § 10-1005, 1974).

12.16.060 Permit posting required where – Misrepresentation prohibited.

It shall be the duty of any permittee hereunder to keep the permit posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such permit at or about any excavation not covered by such permit, or to misrepresent the number of the permit or the date of expiration of the permit. (Ord. 3216 § 12, 2004; Ord. 1701 § 10-1006, 1974).

12.16.070 Permit – Bond prerequisite – Conditions.

Before an excavation permit as herein provided is issued, the applicant shall deposit with the city clerk-treasurer a surety bond in such reasonable amount as set by the city, payable to the city. The required surety bond must be:

A. With good and sufficient surety;

B. By a surety company authorized to transact business in the state;

C. Satisfactory to the city attorney in form and substance;

D. Conditioned upon the permittee’s compliance with this chapter and to secure and hold the city and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the city, the city council or any city officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the city engineer, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done. Any settlement of the surface within said two-year period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the city if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his own sidewalk shall be required to give such bond. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the city by reason of the negligence or default of the permittee, upon the city’s giving written notice to the permittee of such suit or claim against the city by reason of the negligence or default of the permittee, upon the city’s giving written notice to the permittee of such suit or claim, any final judgment against the city requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified above and in other respects as specified above but applicable as to all excavation work in streets by the principal in such bond during the term of one year from said date;

E. The public works director shall have the authority to waive the requirement for such surety bond for minor uses at his discretion. (Ord. 3216 § 13, 2004; Ord. 1701 § 10-1007, 1974).

12.16.080 Permittee – Traffic routing responsibilities – Approval and notification required.

The permittee shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public; provided, that the city engineer may permit the closing of streets to all traffic for a period of time prescribed by him if in his opinion it is necessary. The permittee shall route and control traffic, including its own vehicles, as directed by the city police department. The following steps shall be taken before any highway may be closed or restricted to traffic:

A. The permittee must receive the approval of the city engineer and the police department therefor;

B. The permittee must notify the chief of the fire department of any street so closed;

C. The permittee may be required to submit a traffic control plan for review and approval by the city engineer prior to beginning any construction work;

D. Upon completion of construction work the permittee shall notify the city engineer and city police department before traffic is moved back to its normal flow so that any necessary adjustments may be made;

E. Where flagmen are deemed necessary by the city engineer, they shall be furnished by the permittee at the permittee’s own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the city engineer will designate detours. The city shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee but, in case there are no existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the city engineer. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment. (Ord. 3216 § 14, 2004; Ord. 1701 § 10-1008, 1974).

12.16.090 Fire equipment – Clearance required.

The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire plugs. Passageways leading to fire escapes or fire fighting equipment shall be kept free of piles of material or other obstructions. (Ord. 1701 § 10-1009, 1974).

12.16.100 Traffic protection requirements and specifications.

The permittee shall erect and maintain suitable barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained, and be of adequate size to accommodate vehicular traffic safely. Pedestrian crossings shall be not less than four feet in width and shall be provided with a railing as required by the city engineer. (Ord. 3216 § 15, 2004; Ord. 1701 § 10-1010, 1974).

12.16.110 Utility facilities – Conditions for moving and protection from damage required.

The permittee shall not interfere with any existing utility without the written consent of the city engineer and the utility company or person owning the utility. If it becomes necessary to remove an existing utility this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage. (Ord. 1701 § 10-1011, 1974).

12.16.120 Adjoining property protection requirements.

The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose and if he cannot obtain a license from such owner the city engineer may authorize him to enter the private premises solely for the purpose of making the property safe. The permittee shall, at its own expense shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out said work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property the appropriate city department or city official having control of such property. (Ord. 1701 § 10-1012, 1974).

12.16.130 Sidewalk excavations – Footbridge required.

Any excavation made in any sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least four feet wide and securely railed on each side so that foot passengers can pass over safely at all times; provided, however, sidewalks may be closed temporarily if an alternate pedestrian route has been approved by the city engineer prior to the start of the construction work. (Ord. 3216 § 16, 2004; Ord. 1701 § 10-1013, 1974).

12.16.140 Protective measures generally – Barriers and lights required when – Removal unlawful.

The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the city streets or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed upon such place of excavation and upon any excavated materials or other obstructions to streets suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. It is unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public. (Ord. 1701 § 10-1014, 1974).

12.16.150 Hazardous nuisances prohibited.

It is unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health. (Ord. 1701 § 10-1015, 1974).

12.16.160 Excavated material – Maintenance requirements – Hauling required when.

All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the city engineer shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal. (Ord. 1701 § 10-1016, 1974).

12.16.164 Trench restoration and street repair standards.

A. All materials and workmanship shall be in accordance with the Standard Specifications for Road, Bridge and Municipal Construction prepared by the Washington State Chapter of the American Public Works Association and the Washington State Department of Transportation and shall comply with the latest edition.

B. Utility services in new construction shall be placed outside the traveled portion of the right-of-way with adequate service crossings to prevent future street cuts.

C. Temporary restoration of trenches for overnight use, on high volume streets and intersections, shall be accomplished by using “cold mix,” asphalt-treated base or steel plates as approved by the public works director.

D. Controlled density backfill shall be required in areas where compaction will be difficult, in arterial streets, and in areas of unblemished asphalt as determined by the public works director.

E. A tack coat shall be applied to the existing pavement at the edge of the saw cuts as specified in Section 5-04 of the standard specifications, prior to the permanent patching. All cold joints shall be sealed with AR 4000W paving asphalt or equivalent.

F. The final trench asphalt restoration shall be completed within 14 days of commencing trench work. The public works director, at his discretion, may allow for time extensions due to weather or other adverse conditions.

G. Street cuts for exploring the location of adjacent utilities are generally not allowed unless permission is granted on a case-by-case basis.

H. Trench restoration widths shall be increased to prohibit constructing a patch within a patch. This may require removing and reconstructing existing patches that are adjacent to or contiguous to the proposed trench. Trench restoration widths shall also be increased to prevent the creation of isolated sections of pavement. Resurfacing width shall be no less than four feet wide in the smallest dimension.

I. Asphalt surfaces within the trench restoration area shall comply with surface smoothness stated in Section 5-04.3(13) of the standard specifications.

J. The placing of the top or wearing course of the asphalt patch shall be as nearly continuous as possible. All joints shall be in compliance with Section 5-04.3(11) of the standard specifications.

K. Large asphalt paving operations shall comply with the city of Mount Vernon’s asphalt acceptance standards.

L. Asphalt pitch depths shall be a minimum of four inches. (Ord. 3216 § 17, 2004).

12.16.166 Trench width/length.

A. The public works director shall determine the necessity of a full lane width or full street width asphalt overlay after evaluation of the severity of the street cut.

B. Street cuts that are permitted within a period of five years after significant asphalt improvement shall be subject to lane width or full street width asphalt overlays based on the location and length of proposed trench in the roadway cross section.

C. The width of street cut restoration shall be a minimum of one foot wider, on each side, than the proposed trench. The minimum width of restoration shall be four feet. Trench restoration located adjacent to existing curb or roadway edge shall include asphalt restoration to the lip of the gutter or roadway edge.

D. The public works director may determine, in the field, that wider trench restoration or lane width asphalt overlays are required due to changes in permit conditions such as the following:

1. Trenches need to be relocated in the field due to conflict with existing utilities.

2. Additional damage to the existing asphalt surface has occurred due to contractor’s equipment.

3. The trench width was increased or the existing pavement was undermined.

4. There were other significant problems discovered during construction.

E. A modification to these requirements may be granted by the public works director at his discretion, in writing, on a case-by-case basis, upon his determination that an equivalent alternative is available. (Ord. 3216 § 18, 2004).

12.16.168 Asphalt acceptance.

A. Fill soils used for road embankment shall be compacted to 95 percent of maximum density as determined by ASTM D1557, and shall result in a firm and unyielding surface. Road embankment soils to a depth of two feet below finish grade shall be gravel borrow conforming to WSDOT Standard Specification 9-03.14. All utility trench backfill within rights-of-way shall be gravel borrow, or better. The gravel borrow shall conform to WSDOT Standard Specification 9-03.19.

B. The following conditions shall apply to all asphalt paving in the public right-of-way or on paved easements:

1. Prior to placement of pavement, the city shall make a determination of subgrade acceptance based on test results and the observations of a firm and unyielding surface. The city shall also establish test area boundaries. The contractor shall supply the city with a mix design including values for the theoretical maximum density of the asphalt being used on the project.

2. Specification for minimum allowable density for asphalt is 92 percent of the theoretical maximum density as determined by AASHTO test method T 209.

3. The point of acceptance is when the asphalt reaches 175 degrees Fahrenheit.

4. When the contractor indicates that the pavement is ready for acceptance, or it reaches 175 degrees Fahrenheit, whichever is sooner, the city shall take/supervise five nuclear densometer readings at random locations within every test area. A test area shall not exceed 300 tons of asphalt. However, smaller areas, such as a cul-de-sac or individual streets within a street network, may be singled out as a test area, even though these areas would be less than 300 tons.

5. The results of the densometer readings for each test area shall be evaluated and the average applied to the entire test area. If the average is below minimum, the developer and owner may request core tests to be taken at his expense and at locations determined by city personnel, within 24-hours of the final paving of the test area. Five core tests shall be taken for each test area and the results evaluated and the average applied to the whole test area.

6. If the pavement is below minimum compaction subsequent to the final testing procedures, the owner may increase depth of the final lift of asphalt as directed by the city engineer, or provide payment to the city as directed by the city engineer.

7. All isolated areas within test areas that fall below 88 percent shall be subject to extensive testing and subsequent removal of the asphalt, unless otherwise directed by the city engineer.

8. The use of a correction factor to correct density readings obtained from the nuclear densometer is acceptable upon authorization by the city engineer in the following instances:

a. First lift overlays on existing pavement;

b. First course over granular material.

9. At the option of the city engineer, a fog seal may be required over the asphalt if, in the opinion of the city engineer, the asphalt mat is too open-graded and will allow too much water intrusion.

10. A city representative shall be notified at least 24 hours in advance of all paving operations, and shall be on-site during asphalt placement. Lack of proper notification or on-site inspection shall require extensive testing, at the contractor’s expense, to determine compliance with the plans, specifications, and these requirements.

11. Metal utility covers in the asphalt surface shall be raised after the asphalt has cooled sufficiently. The area shall be saw-cut in a 45-degree diamond pattern centered on the utility lid. The diamond pattern shall be oriented parallel with the flow of traffic to minimize the effect of surface inundations on vehicular traffic. (Ord. 3216 § 19, 2004).

12.16.170 Damage to existing improvements – Repair required – City to perform work when – Costs.

All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials and workmanship for such repair shall conform with the requirements of any applicable code or ordinance. If upon being ordered the permittee fails to furnish the necessary labor and materials for such repairs, the city engineer shall have the authority to cause said necessary labor and materials to be furnished by the city and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor. (Ord. 1701 § 10-1017, 1974).

12.16.180 Property lines and easements – Work area limitations.

Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit and it shall be the permittee’s responsibility to confine excavation work within these limits. (Ord. 1701 § 10-1018, 1974).

12.16.190 Cleanup requirements – City to perform work when – Costs.

As the excavation work progresses all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time as may be ordered by the city engineer and in any event immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within 24 hours after having been notified to do so by the city engineer, said work may be done by the city engineer and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder. (Ord. 1701 § 10-1019, 1974).

12.16.200 Watercourses, sewers and drains – Protection and replacement requirements.

The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as it found them or shall make such provisions for them as the city engineer may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. (Ord. 1701 § 10-1020, 1974).

12.16.210 Breaking through pavement – Procedures required.

Repealed by Ord. 3216. (Ord. 1701 § 10-1021, 1974).

12.16.220 Tunnels – Permission and procedure required.

Tunnels under pavements shall not be permitted except by permission of the city engineer. Where pipes or cables are placed under main thoroughfares, concrete streets, state highways, first grade asphalt streets, or wherever designated by the city engineer, such work shall be done by jacking or boring casings under street surfaces and placing said pipes or cables inside of the casing. (Ord. 1701 § 10-1022, 1974).

12.16.230 Backfilling – Requirements generally.

When water is taken from a fire hydrant, the permittee shall assign one man to operate the hydrant and shall make certain that said man has been instructed in the operation of the hydrant. The PUD shall likewise be notified at both the beginning and end of the job so that the condition of the fire hydrants can be checked on both occasions. Any damage done to the hydrant during the excavation shall be the responsibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the PUD. (Ord. 3216 § 21, 2004; Ord. 1701 § 10-1023, 1974).

12.16.240 Backfilling – Water settling method.

Repealed by Ord. 3216. (Ord. 1701 § 10-1024, 1974).

12.16.250 Backfilling – Dry materials method.

Repealed by Ord. 3216. (Ord. 1701 § 10-1025, 1974).

12.16.260 Backfilling – Method for pipe laid in rock.

Repealed by Ord. 3216. (Ord. 1701 § 10-1026, 1974).

12.16.270 Backfilling – Surface completion requirements.

Repealed by Ord. 3216. (Ord. 1701 § 10-1027, 1974).

12.16.280 Surface restoration – Requirements and specifications.

A. The permittee shall restore the surface of all streets, broken into or damaged as a result of the excavation work, to its original condition in accordance with the specifications of the city engineer. The asphalt which is used shall be in accordance with the specifications of the city engineer. If, in the judgment of the city engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement or other suitable material designated by him over such cut or excavation to remain until such time as the repair of the original pavement may be properly made.

B. Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the city engineer to restore the street to its original and proper condition, or as near as may be.

C. Acceptance or approval of any excavation work by the city engineer shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The city engineer’s presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder. (Ord. 3216 § 26, 2004; Ord. 1701 § 10-1028, 1974).

12.16.290 Surface restoration – City right to perform work when – Costs.

If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or fails to prosecute the work in accordance with requirements of this chapter or shall otherwise have failed to complete the excavation work covered by such permit, the city engineer, if he deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25 percent of such cost in addition for general overhead and administrative expenses. The city shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and the city shall also enforce its right under the permittee’s surety bond provided pursuant to this chapter.

It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two years after restoring it to its original condition. (Ord. 1701 § 10-1029, 1974).

12.16.300 Trench requirements and restrictions.

Except by special permission from the city engineer, no trench shall be excavated more than 100 feet in advance of pipe laying nor left unfilled more than 200 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to put in place. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work. No timber bracing, lagging, sheathing or other lumber shall be left in any trench. (Ord. 1701 § 10-1030, 1974).

12.16.310 Work to be completed promptly.

The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the excavation permit therefor. (Ord. 1701 § 10-1031, 1974).

12.16.320 Urgent work – Authorized when – Procedure.

If in his judgment traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the city engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible. (Ord. 1701 § 10-1032, 1974).

12.16.330 Emergency action without permit authorized when – Limitations.

In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measure to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the city engineer’s office is open for business, and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder. (Ord. 1701 § 10-1033, 1974).

12.16.340 Noise, dust and debris restrictions.

Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and between the hours of 10:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the city engineer or in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. (Ord. 1701 § 10-1034, 1974).

12.16.350 Monuments – Moving, preservation and restoration requirements.

The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the city engineer. All street monuments, property corners, bench marks and other monuments disturbed during the progress of the work shall be replaced by the city engineer and the cost of the same shall be paid by the permittee. (Ord. 1701 § 10-1035, 1974).

12.16.360 Inspections – Rule and regulation promulgation and enforcement authority.

The city engineer shall make such inspections as are reasonably necessary in the enforcement of this chapter. When so made, the permittee shall pay for such inspections at the city’s cost. The city engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. (Ord. 1701 § 10-1036, 1974).

12.16.370 Plans and drawings of subsurface facilities “as-built” required when.

A. The permittee shall furnish the city engineer with “as-built” drawings upon completion of the permitted project. The permittee shall deposit with the city, as part of the permit fee, an amount approved by the city engineer that is equal to the cost of preparing and submitting “as-built” drawings for the project. Submittal of “as-built” drawings by the permittee shall cause refund of said deposit to the permittee. If deemed necessary by the city engineer, said deposit may be confiscated and used to pay the project engineer or other engineer to provide the required “as-builts.”

B. Users of subsurface street space shall furnish the city engineer with accurate drawings, plans and profiles showing the location and character of all underground structures being installed, including abandoned installations. Horizontal locations are to be referenced to street centerlines, as marked by survey monuments, and shall be accurate to a tolerance of plus or minus one foot. The depth of said utility or structure being installed may be referenced to the elevation of the street above said utility, with depths to the nearest one-half foot being shown at a minimum of 50-foot intervals along the location of said utility. Said maps shall be submitted to the city engineer’s office within 20 days after new installations, changes or replacements are made.

C. In the event that the permittee does not have qualified personnel to furnish the above “as-built” drawings, he shall advise the city engineer in order that necessary field measurements may be taken by the city engineer during construction, and the maps be prepared by the city engineer’s office. The cost of said field inspection and measurement, and the preparing of the “as-built” maps, shall be at the expense of the permittee. (Ord. 3216 § 27, 2004; Ord. 1701 § 10-1037, 1974).

12.16.380 Applicability – City work excepted.

The provisions of this chapter shall not be applicable to any excavation work under the direction of competent city authorities by employees of the city or by any contractor of the city performing work for and in behalf of the city necessitating openings or excavations in streets. (Ord. 1701 § 10-1038, 1974).

12.16.390 Insurance requirements.

A permittee, prior to the commencement of excavation work hereunder, shall furnish the city engineer satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than $100,000 for any one person and $300,000 for any one accident and property damage insurance of not less than $50,000 duly issued by an insurance company authorized to do business in this state. (Ord. 1701 § 10-1039, 1974).

12.16.400 Liability limitations.

This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work. (Ord. 1701 § 10-1040, 1974).

12.16.410 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be subject to the enforcement provisions contained in MVMC Title 19, Code Enforcement, as it is currently written or as it may be amended in the future. (Ord. 3600 § 6, 2013).