13.36.040 Construction.
A. Construction and Installation. Subject to the terms of the Right of Way Permit, user may enter upon the right of way to perform all work that is necessary to install, operate, maintain, remove, reinstall, relocate, and replace equipment in or on user’s facilities or in or on City facilities. All work shall be in conformance with all applicable permits, this Chapter, the City Engineering Standards and other federal, state, or local laws and ordinance, and in a manner approved by the City Engineer.
B. No Interference; Protection of Facilities.
1. User, in the performance and exercise of its rights and obligations under a Right of Way Permit, shall not unreasonably interfere with the existence and operation of any rights of way, City facilities, non-City facilities, and other telecommunications, utility, communication system, or municipal property, without the express written approval of the owner or owners of the affected personal property or properties. Upon notification by the City, user may be required to review plans of others to determine if interference may occur.
2. All users shall use reasonable care to preserve and protect from injury other user’s facilities in the right of way, the public using the right of way, and any adjoining property, and take other necessary measures to protect life and property, including but not limited to buildings, walls, fences, and vegetation that may be subject to damage from the permitted work. All users are responsible for all damage to public and private property resulting from the user’s failure to comply with this subsection.
C. Undergrounding Required – New Facilities. Whenever any existing facilities are located underground within a right of way, user must also locate new facilities underground. The City Engineer shall provide an exception for transmission facilities when such transmission lines are not customarily located underground in accordance with industry engineering standards or when the cost of placing the facilities underground substantially increases the cost of the project for the customers within the City receiving service from the facilities. Telecommunications users shall co-locate new facilities in existing underground ducts or conduits whenever surplus capacity exists, unless the user can demonstrate to the City Engineer’s satisfaction that collocation is not feasible. All new facilities shall be constructed underground pursuant to Chapter 12.05 or when required to do so by the City in conjunction with a publicly funded construction project. User is prohibited from installing any new aerial cables, wire, or conduit unless otherwise permitted by Chapter 12.05.
D. Hours of Work. Except for emergencies, work shall be performed between the hours of 7 AM and 7 PM, Monday through Friday, unless approved otherwise by the City Engineer in writing.
E. Notification. Except in the case of an emergency affecting the public safety, user shall notify the City Engineer not less than 2 business days in advance of any work in the right of way. In the event of an emergency affecting the public safety, work may be made in a right of way provided that user notifies the City Engineer within 48 hours of doing the work, and complies thereafter with all provisions of this Chapter, including submitting an application for a permit.
F. Coordination of Work. All users are required to make a good faith effort to cooperate and coordinate construction schedules with each other, with the City, and with other users of the right of way. At least annually by January 1 of each year, all users shall provide the City and all other users with a schedule of known proposed construction activities for that year to determine if joint projects are feasible to minimize duplication of work and excavation in the right of way. For those persons expressing an interest in a joint project, the user shall give them reasonable notice of the particular dates for the work to begin. Upon mutual agreement, the user shall make the trench available to those persons participating in the joint project for installation of equipment. The payment for the cost of trenching and installation will be as mutually agreed to by the parties.
G. Obtaining Required Permits. If the work in the right of way requires any additional permits, user shall obtain the permits and pay any applicable permit fees.
H. Plans.
1. When documentation, drawings, plans or specifications have been required for a permit application, the user shall furnish the City with 2 complete sets of record drawings drawn to scale and certified to the City as accurately depicting the location of all facilities constructed pursuant to the permit, one set on paper and the other set in electronic format. These record drawings shall be submitted to the City Engineer within 60 days following acceptance of the facilities by the City, in a format mutually acceptable to the user and City Engineer.
2. When requested by the user, and subject to the provisions of state law and the Oregon Public Records laws, the City shall treat as confidential any public record or information provided and designated by the user as confidential.
I. Use by City. The City, at its cost, may install pipes or conduit in any trench or excavation created by user, to the extent that space is reasonably available. The City may also require user to excavate trenches larger than needed by user, with the excess capacity to be utilized by the City and with the City responsible for the incremental cost provided that requiring the user to do so does not impose unreasonable delay on the user’s construction activities. This section does not apply where collocation would not comply with federal or state safety or environmental laws.
J. Safety. User shall perform all work in a manner that ensures safety of workers and the public. Safety requirements and traffic maintenance shall be in conformance with the City Engineer Standards.
K. Moving of Structures and Equipment. Whenever it becomes necessary to allow for the passage of buildings, machinery or other objects, user shall temporarily rearrange, remove, lower or raise its wires, cables or other facilities as necessary, at no cost to the City whether or not requested by the City. Whenever any person other than the City requests passage to move buildings, machinery or other objects, that person shall pay the entire actual cost incurred by user for changing, altering, moving, removing or replacing its wires, cables, or other facilities so as to permit passage, and shall deposit in advance with user a sum equal to such cost as estimated by user. The person undertaking the move shall pay all damages caused directly by the changing, altering, moving, removing or replacing of such wires, cables or other facilities, except for damages and claims that are the direct result of user’s negligent acts. Except in an emergency, user shall be given not less than 30 days written notice by the party desiring to move a building or other objects. The notice shall detail the route of movement of the buildings or other objects over and along the rights of way of the City. Upon receiving required notice, user shall complete the moves as soon as practicable, and without undue delay. Furthermore, the passage of buildings, machinery or other objects shall be with as much haste as possible and shall not be necessarily delayed or cause user unnecessary expense or waste of time. Moving buildings or part of buildings must also comply with Chapter 15.12.
L. Work in Right of Way by City. Whenever the City shall perform or cause or permit to be performed any work for the City in any right of way where the work may disturb or interfere with a user’s facilities, the City shall, or require its permittee, to notify the user in writing in a reasonable time prior to the contemplated work to enable the user to take those measures, including relocation or removal, as may be deemed necessary to protect its facilities, at the user’s own expense.