Chapter 12.04
COUNTY ROAD EXCAVATIONS
Sections:
12.04.030 Permit – Application – Bond.
12.04.040 Performance bond – Liability insurance.
12.04.050 Certain contractors barred.
12.04.070 Violation – Penalty.
12.04.010 Purpose.
The County is concerned about adequate backfill and compaction of utility installations and excavations within County right-of-way. (Ord. 109-1993; Res. 139-1980)
12.04.020 Permit – Required.
It is unlawful for any person to cut, dig or alter the surface of any County right-of-way for the purpose of installing utilities without first having obtained a utility installation permit from the County engineer.
A. The utility shall be responsible for the design of the utility facility being proposed. This responsibility shall include, in addition to the integrity of the proposed utility facility, provisions for public safety during the course of construction, as well as consideration of traffic safety and accident potential for the life of the installation.
B. For work requiring application to the County, the County may review and approve the utility’s plans with respect to:
1. Location;
2. The manner in which the utility facility is to be installed;
3. Measures to be taken to preserve safe and free flow of traffic;
4. Structural integrity of the roadway, bridge or other structure;
5. Ease of future road maintenance, and appearance of the roadway.
C. Provisions shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges or other structures within the right-of-way.
D. Granting of a franchise or permit shall not imply or be construed to mean the County shall be responsible for the design, construction or operation of the facility or for public safety during the facility’s installation, operation or maintenance. (Ord. 109-1993; Res. 139-1980)
12.04.030 Permit – Application – Bond.
The applications shall be made on an approved County form and shall set forth the purpose and exact location of the proposed utility installation and shall be accompanied by a sketch of the location. All utility crossings shall be accomplished by a bonded contractor approved by the County engineer. (Ord. 14-2000 § 7(X); Ord. 109-1993; Res. 139-1980)
12.04.040 Performance bond – Liability insurance.
A. Approved contractors will carry a minimum $5,000 performance bond and certificate of insurance. Both the bond and the certificate of insurance must be on file with the County engineer for the express purpose of constructing utility installations on County rights-of-way. The contractor shall obtain and keep in force public liability and property damage insurance with companies and in form subject to the approval of the engineer. The County shall be specifically named as an additional insured on said policy insofar as work on County right-of-way is concerned. The coverage provided shall protect the County against claims for personal injuries including accidental death, and property damage arising in whole or in part from any act or omission of the contractor or a subcontractor, or anyone employed by either. The policy, and any endorsement naming the County as an additional insured, shall include a provision requiring written notification to the County of termination and of any change in any of its terms, 10 days in advance of such termination or change. The minimum public liability coverage shall be $1,000,000. Coverage in the minimum amount set forth herein shall not be construed to relieve the contractor from liability in excess of such coverage.
B. By issuance of permit or promulgation of this policy, the County assumes no liability for the acts of the contractor, franchise holder or permittee. (Ord. 14-2000 § 7(Y); Ord. 109-1993; Res. 139-1980)
12.04.050 Certain contractors barred.
Any contractor whose work is materially unsatisfactory as determined by the County engineer, and for which the County is not adequately compensated by the contractor’s bond or liability insurance, will be given written notice of the basis of such finding, and will be referred to a due process hearing before an administrative officer. The administrative officer will then issue written findings of fact and conclusions, and if the administrative officer deems it appropriate, may bar the contractor from further work on County roads for a period of up to 10 years. (Ord. 14-2000 § 7(Z); Res. 139-1980)
12.04.060 Standards.
The standards and specifications for utility installations on County rights-of-way shall be as shown on Schedule A of Res. 108-1993, which is on file for inspection in the County public works department, and with the clerk of the County council, and is made a part of this chapter by this reference. (Ord. 23-2009 § 2; Ord. 14-2000 § 7(AA); Ord. 109-1993; Res. 139-1980)
12.04.070 Violation – Penalty.
Any person who violates any provision of this chapter is guilty of a misdemeanor and shall be punished as stated in SJCC 1.16.010. (Ord. 23-2009 § 3; Res. 139-1980)