4.15.080 Construction and restoration

4.15.080 Construction and restoration.

A. Construction Codes. Utility facilities shall be constructed, installed, operated and maintained in accordance with all applicable Federal, State and local codes, rules and regulations, including without limitation the National Electrical Code, the National Electrical Safety Code, Chapter 9.05 BC and the City’s Engineering Design Manual.

1. No person shall perform any work on utility facilities within the rights-of-way without first obtaining all required permits. The City shall not issue a permit for the construction, installation, maintenance or repair of utility facilities unless the utility operator of the facilities has registered and applied for and received the license required by this chapter, or has a current franchise with the City, and all applicable fees have been paid.

2. In the event of an emergency, a utility operator with a license pursuant to this chapter or its contractor may perform work on its utility facilities without first obtaining a permit from the City; provided, that, to the extent reasonably feasible, it attempts to notify the Public Works Department prior to commencing the emergency work and in any event initiates a permit application as soon as reasonably practicable, but not later than 12:00 noon of the next business day after commencing the emergency work. As used in this subsection, “emergency” means a circumstance in which immediate work is necessary to restore lost service or prevent immediate harm to persons or property.

3. Applications for permits to construct utility facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:

a. That the facilities will be constructed in accordance with all applicable codes, rules and regulations.

b. The location and route of all utility facilities to be installed aboveground or on existing utility poles and, if the utility operator owns the existing utility poles, a comprehensive summary, including ownership, of any and all infrastructure currently attached to the pole. Unless approved in writing by the Public Works Director, the construction of new utility poles is prohibited. An existing utility pole that is damaged or failing may be repaired or replaced with a new utility pole of substantially similar dimensions and materials.

c. The location and route of all utility facilities on or in the rights-of-way to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route that are within the rights-of-way. Applicant’s existing utility facilities shall be differentiated on the plans from new construction. A cross section shall be provided showing new or existing utility facilities in relation to the street, curb, sidewalk or rights-of-way.

d. The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the rights-of-way, and description of any improvements that applicant proposes to temporarily or permanently remove or relocate.

4. All permit applications shall be accompanied by the verification of a qualified and duly authorized representative of the applicant that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. The Public Works Director may, in the director’s sole discretion, require the verification of a registered professional engineer.

5. All permit applications shall be accompanied by a written construction schedule, which shall include an estimated start date and a deadline for completion of construction. The construction schedule is subject to approval by the Public Works Department.

6. Prior to issuance of a construction permit, the applicant shall pay a permit fee in the amount determined by resolution of the city council.

7. If satisfied that the application, plans and documents submitted comply with all requirements of this chapter, the Public Works Department shall issue a permit authorizing construction of the utility facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as they may deem necessary or appropriate.

8. Except in the case of an emergency, the permittee shall notify the Public Works Department not less than two business days in advance of any excavation or construction in the rights-of-way.

9. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the utility facilities. The Public Works Department and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements.

10. All construction activities must comply with the work hours and noise regulations of the City’s Engineering Design Manual.

11. All work that does not comply with the permit, the approved or corrected plans and specifications for the work, or the requirements of this chapter, shall be removed or corrected at the sole expense of the permittee. The City is authorized to stop work in order to assure compliance with the provisions of this chapter.

12. The permittee shall promptly complete all construction activities so as to minimize disruption of the City rights-of-way and other public and private property. All construction work within the rights-of-way, including restoration, must be completed within 120 days of the date of issuance of the construction permit unless an extension or an alternate schedule has been approved by the Public Works Department.

1. Unless otherwise provided in a franchise agreement or agreed to in writing by the City, a performance bond or other form of surety acceptable to the City equal to at least 100 percent of the estimated cost of the work within the rights-of-way of the City shall be provided before construction is commenced.

2. If applicable, the performance bond or other form of surety acceptable to the City shall remain in force until substantial completion of the work, including restoration of rights-of-way and other property affected by the construction, as determined in writing by the City.

3. If applicable, the performance bond or other form of surety acceptable to the City shall guarantee, to the satisfaction of the City:

a. Timely completion of the work;

b. That the work is performed in compliance with applicable plans, permits, technical codes and standards;

c. Proper location of the facilities as specified by the City;

d. Restoration to City standards of the rights-of-way and other property affected by the work; and

e. Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.

D. Injury to Persons or Property. A utility operator shall preserve and protect from injury or damage other utility operators’ facilities in the rights-of-way, the public using the rights-of-way and any adjoining property, and take other necessary measures to protect life and property, including but not limited to buildings, walls, fences, trees or facilities that may be subject to damage from the permitted work. A utility operator shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and shall comply with all applicable Americans with Disabilities Act requirements.

E. Restoration. A utility operator shall be responsible for all injury to persons or damage to public or private property resulting from its failure to properly protect people and property and to carry out the work.

1. When a utility operator, or any person acting on its behalf, does any work in or affecting any rights-of-way, it shall, at its own expense, promptly restore such ways or property to the same or better condition as existed before the work was undertaken, in accordance with applicable Federal, State and local laws, codes, ordinances, rules and regulations, unless otherwise directed by the City and as determined by the Public Works Department.

2. If weather or other conditions beyond the utility operator’s control do not permit the complete restoration required by the City, the utility operator shall temporarily restore the affected rights-of-way or property. Such temporary restoration shall be at the utility operator’s sole expense and the utility operator shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Any corresponding modification to the construction schedule may be subject to approval by the City.

3. If the utility operator fails to restore rights-of-way or property as required in this chapter, the City shall give the utility operator written notice and provide a period of time not less than 10 days and not exceeding 30 days to restore the rights-of-way or property. If, after said notice, the utility operator fails to restore the rights-of-way or property as required in this chapter, the City shall cause such restoration to be made at the expense of the utility operator. In cases where the City believes that an emergency or threat to public safety exists, it may act without notice to and at the expense of the utility operator. Upon receipt of a detailed invoice from the City, the utility operator shall reimburse the City within 30 days for the costs the City incurred.

F. Inspection. Every utility operator’s facilities shall be subject to the right of periodic inspection by the City to determine compliance with the provisions of this chapter and all other applicable State and City codes, ordinances, rules and regulations. Every utility operator shall cooperate with the City in permitting the inspection of utility facilities upon request of the City. The utility operator shall perform all testing, or permit the City to perform any testing at the utility operator’s expense, required by the City to determine that the installation of the utility operator’s facilities and the restoration of the rights-of-way comply with the terms of this chapter and applicable State and City codes, ordinances, rules and regulations.

G. Coordination of Construction. All utility operators are required to make a good faith effort to both cooperate with and coordinate their construction schedules with those of the City and other users of the rights-of-way.

1. Prior to January 1st of each year, utility operators shall provide the City with a schedule of known proposed construction activities for that year in, around or that may affect the rights-of-way.

2. At the City’s request, utility operators shall meet with the City annually, or as determined by the City, to schedule and coordinate construction in the rights-of-way.

3. All construction locations, activities and schedules within the rights-of-way shall be coordinated as ordered by the Public Works Department to minimize public inconvenience, disruption or damages. [BC 4.15.080, added by Ordinance No. 4684, 5/4/16]